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Agenda 01-15-02.lanuary 15, 2002 CITY OF BOYNTON BEACH REGULAR CITY COMMISSION MEETING AMENDED AGENDA 6:30 P.M. OPENINGS: Call to Order - Mayor Gerald Broening Invocation - Rev. Dr. Marshall Cook, Boynton Beach Congregational Church Pledge of Allegiance to the Flag led by Commissioner Ferguson D, IF YOU WISH TO ADDRESS THE COMMISSION: · FILL OUT THE APPROPRIATE REQUEST FORM · GIVE z'r TO THE CITY CLERK (ON THE DAIS) BEFORE THE "OPENINGS" POR'rZON OF THE AGENDA HAS BEEN COMPLETED · COME TO THE PODIUM WHEN THEMAYOR CALLS YOUR NAME INDIVIDUALS MAY SPEAK FORTHREE UNINTERRUPTED MINUTES. E. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption II. PUBLIC AUDIENCE: INDIVIDUAL SPEAKERS WILL BE LIMZI'ED TO 3-MINUTE PRESENTATIONS III. PUBLIC HEAliNG: 6:30 P,M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS Project: Agent: Owner: Location: Description: Dakota Lofts H. P. Tompkins Chan's Enterprises 3010 S. Federal Hignway Request to reclassify the subject property from Local Retail Commercial and Low Density Residential to High Density Residential, ano rezone from C-3 Community Commercial and R-l- AA Single-family Residential to Planned Unit Development (PUD). The applicant proposes to develop the property with 19 three- sto~ town homes and related site improvements. The site plan (NWSP 01-010) will be adopted as the master ~lan for the PUD Agenda Regular City Commission Boynton Beach, Florida 3anuary 15~ 2001 B. Notice of Intent (Resolution No. R02-006) to adopt pending Land Development AmenC ment ZV, OTHER: A. Informational Items by Members of the City Commission ADMZNZSTRATIVE: Appointments to be made: Appointment To Be Made Length of Term Board Expiration Date Mayor Bmening Children & Youth Advisory Bd Stu/Reg/NonVoting i yr term to `;/02 I Weiland Children & Youth Advisory Bd Stu/Reg/Voting i yr term to `;/02 ii McCray Bldg. Bd of Adj & Appeals Reg 3 yr term to 4/04 iii Ferguson Bldg, Bd of Adj & Appeals Alt I yr term to 4/02 IV Fisher Cemetery Board Alt 1 yr term to 4/02 Mayor Broening Code Compliance Board Alt i yr term to 4/02 Mayor Broening Comm, Redevelopment Agency Reg 4 yr term to 1/06 I Weiland Community Relations Board Alt 1 yr term to ';/02 Mayor Broening Education Advisory Board Reg 2 yr term to 4/02 I Weiland Library Board Alt 1 yr term to 4/02 I Weiland Nuisance Abatement Board Alt 1 yr term to `;/02 I Weiland Senior Advisory Board Reg 2 yr term to 4/03 VI, ANNOUNCEMENTS & PRESENTATIONS: A. Announcements: None Presentations: 1. Proclamations: a, "Four Chaplains Sunday" (Tabled-3) (Tabled-2) C'Fabled-2) (Tabled-2) (Tabled-2) 2 Agenda Regular City Commission Boynton Beach, Florida .lanuary 15, 2001 Presentation of Holiday Parade Awards by Mayor and Recreation Department staff VIT. CONSENT AGENDA: Matters in this section of the Agenda are proposed and recommended Dy the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. Minutes: 1. City Commission Workshop of December 20, 2001 2. Agenda Preview Conference of December 27, 2001 Bids and Purchase Contracts - Recommend Approval - Al expenditures are approved in the 2001-2002 Adopted Budget Award a contract in the amount of $1,241,950 to Chaz Equipment Company, Inc. of Wellington, Florida as the successful bidder under Bid No. 005-2413-02/C]D for the San Castle Subdivision Water System Improvements Project and to establish a total project budget appropriation in the amount of $1,304,047 (Proposed Resolution No. R02-007) Split award the bid for GREAT AMERICAN LOVE AFF~R (G.A.L.A.) CONCESSIONAIRES FOR FOOD, BEVERAGE, AND BEER & WINE to San Francisco Puffs and Stuff, and the Greater Boynton Beach Chamber of Commerce, Bid #025-2710-02/KR (Proposed Resolution No, R02-008 and Proposed Resolution No. R02-009) Approve the expenditure of $42,977 for five Touch Screen Kiosk/Desktop Applications from Geographical TeChnologies Group through SNAPS Agreement #2522306-1 Approve the expenditure of $50,000 for Data Layer Creation from Geographical TechnolOgies Group through SNAPS Agreement #2522306-1 Approve the expenditure of $65,000 for ArcIMS Intranet/Internet G.I.S. sofbNare and custom programming of the website through Geographical Technologies Group (SNAPS Agreement #2522306-1) and C&C Solutions, Inc. (SNAPS Agreement #9911742) Agenda Regular City Commission Boynton Beach, Florida 3anuary 15, 2001 C. Resolutions: Proposed Resolution No. R02-010 Re: Addendum to Appointment Agreement for Wally Recreation Department Approving Majors, Director, Proposed Resolution No. R02-011 Re: Authorizing the Mayor to sign a deed of conservation easement for the mangrove area of Intracoastal Park Proposed Resolution No. 02-012 City Pay Plan Re: Modification to Proposed Resolution No. 02-013 Re: Approving the agreement between Palm Beach County and the City of Boynton Beach to provide funding to help offset the cost of hosting the FAMU band Proposed Resolution No. 02-014 Re: Ratifying the Memorandum of Understanding between the City of Boynton Beach and the National Conference of Firemen & Oilers, SE[U, AFL-CIO, CLC, Local 1227 0Nhite and Blue collar units) - J~end/ng mtiff~tion of the bargain/ng unit Ratification of Planning & Development Board Action: None Ratification of Community Redevelopment Agency Action: Dakota Lofts (Chan's Enterprises) - 3010 S. Federal Highway - Request for Site Plan approval to construct 19 multifamily town homes, recreation area, and related site improvements on two acres Marouf's Car Wash - Las Palmas Avenue & North Federal Highway - Request site plan approval for a car wash facility on 0.22 acres Approve donation of $5,000 to the YMCA of Boynton Beach from the Police Department's forfeiture account Intentionally left blank Authorize transfer of $12,500 from the Contingency Fund to the Recreation Special Events Funcl, and using $12,500 from the Recreation Revenue Fund. The monies will be used to support HeritageFest 2002 4 Agenda Regular City Commission Boynton Beach, Florida 3anuary 15, 2001 VZ]/. CZTY MANAGER'S REPORT: A. Traffic Control and Traffic Calming Final Report B. Stormwater Project Report Update C. Marina Project Update - Verbal Report from Developer FUTURE AGENDA ~TEMS: A. Proposed Ordinance Regarding Modifying the Development Review Process with respect to Environmental Permits (February 5, 2002) B. Review of Proposed Amendment to Development Agreement - Marina Project (February 5, 2002) C. FRA Whistle Ban - Report (March 2002) - Delayed due to Federal Railway Administration Delay in Rulemaking X. DEVELOPMENT PLANS: None NEW BUSINESS: Proposed Resolution No. R02-015 Re: Requesting a majority of constituency in senatorial and representative districts to be created as part of the redistricting process X]I. LEGAL: A. Ordinances -- 2® Reading - PUBLTC HEARING None B. Ordinances - 1~t Reading Proposed Ordinance No. 02-001 Re: Amending Chapter 16, "parks and Recreation," Article IT, "City Parks and Beaches" by amending Section 16-22 to provide for administrative authority to designate and post spedfic areas in City parks as "Quiet zones" Proposed Ordinance No. 02-002 Re: Amending the Comprehensive Plan Future Land Use Map designation on a 0.62 acre parcel from Medium Density Residential (9.86 du/ac) to Local Retail Commercial (Kdspy Kreme) Agenda Regular City Commission Boynton Beach, Florida .]anuary 15, 2001 Proposed Ordinance No. 02-003 Re: Rezoning from Duplex Residential (R-21 to Neighborhood Commercial (C-2) (Krispy Kreme) Proposed Ordinance No~ 02-004 Re: Repealing Article 1II of Chapter 18 and adopting a new Article liT of Chapter 18, Hunidpal Police Officers' Retirement Trust .Fund, providing for the creation and maintenance of the fund and providing for repeal of any part of the Code, an Ordinance or Resolution in conflict Proposed Ordinance No. 02-005 Re: Amending Section 18- 181(A)(4) of the Firefighters' Pension Plan to permit the purchase of investment grade bonds with not greater than 10% of the fixed income portfolio, amending Section 18-183 (a) to provide for three-year averaging in the computation of average final compensation, and creating Section 18-184 providing for the potential payment of a 13th monthly pension payment Resolutions: Proposed Resolution No. 02-016 Re: Authorizing the use of eminent domain to acquire the public right-of-way necessary to develop the Boynton Beach Boulevard Promenade and PJverwalk D, Other: None XIII. UNFINISHED BUSINESS: Continued discussion of enforcement of current regulations requiring shade canopies tc be defined as "structures" and, therefore, subject to building codes and zoning regulations B. Update on Mangrove High School Restoration XIV. ADJOURNMENT: NOT[CE 1F A pERSON DEC/DES TO APPEAL ANY DECISION HADE BY THE CiTY COMMISSION WTTH RESPECT TO ANY MA~'rER CONS[DERED AT THIS HEET/NG~ HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND~ FOR SUCH PURPOSE~ HE/SHE MAY NEED TO ENSURE THAT A VEREATtH RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TEST[[qONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105) THE C_TTy SHALL FURNISH APPROPRIATE AUX[L~ANY AiDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WTfH A DISAJ3ILTfY AN EQUAL OPPORTUNITY TO PART[C[PATE IN AND EN.1OY THE BENEFITS OF A SERVICE, PROGRAM, OR A~ CONDUCTED BY THE CITY. PLEASE CONTACT .~OYCE COSTELLO~ (561) 742-60i3 AT LE~.~T TWENTY-POUR HOURS PR/OR TO THE PROGRAm4 OR ACT~V~1'Y IN ORDER FOR THE CtTY TO REASONABLY ACCOMMODATE YOU R REQUEST. bg AMENDED FINAL AGENDA 0111512002 10:30 AM j:\SHRDATA\CC\WP\CCAGENDA~AGENDAS\YE~R 2002\011502 FINAL AGENDA. DOC 6 III.-PUBLIC HEARING ITEM A. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Meetqng Dates in to Ciw Clerk's Oftice Requested City Commission Meeting Dates Date Final FormMt ust be Turned in to Ciw Clerk's Office [] November 20. 2001 November7.2001 (5:00p.r~} [] JanuarylS. 2002 January 3, 2002 (5:00 p.m.) [] December 4. 200 l November 21. 2001 5:00 p.m.) [] February 5, 2002 January 16,2002 5:00p.m.) [] December 18,2001 December 5. 200t 5)0p.m.) [] February l9. 2002 February 6, 2002 15:00 p.n~) [] January 2, 2002 NATURE OF AGErqDA ITETvI- December l9, 2001 (5:00p:m.) [] Ivtarch 5. 2002 February 20, 2002 (5:00 p.m.) ~ Adm/nistrafive [] Development Plans [--] Consentg~g~ada [~ NewB~,~mess~ 5~ Public Hearing [] Legal ~[ ~mouncement [--I Presentation RECO~V~E~gD~ATIO~r Pit. se p~r t~sreqaest-o~ ~e ~ 1~5~ ~2 C~ Coxm,~ Ag~ ~der Public Hea~g. ~e Co~m~ Redevelop~nt Agency Bo~d ~ a ~ous vote, reco~anded ~at ~e subjec~ request be a~r~& For ~r d~ls ~enmg to ~e requ~h see ~c~Depament of ~velopm~t ] ge~r~dm No: PZ 0~-~8~ PROJECT N~E: D~A LO~ ~ 0I:00~ AGENT: H.P. To~ O~R: C~'s ~fis~ LOCATION: 3~10:~. Feder~ Hi.way DESC~TION: Request to r~lassi~ ~e subject prope~ from Local Retail Comercial Residential to ~gh De~i~ Residential, and rezone from C-3 Co~e ~ R-I-~ S~gle-f~y Residential m Plied U~t Development (P~ ~plic~t proposes to develop ~e prope~ ~ ~eteen (19) ~ee-sto~ r~~~ ~esite ~SP 0:i4,~):~ ~pt~ plan for ~e P~. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A md Low Density Commercial )). The Iovm homes and as the mas*er pDnning and Zoning/Dkector S AB ULLETIN~FO RMSL&GENDA ITEM REQUEST FORM.DOC Cit~Manager's Signature City Attorney / Fimnce / Human R Page 2 Dakota Lofts File Number: LUAR 01-006 Staft Repor~ PROJECT AzNAL¥SIS Chapter 163, Florida S~tutes requ/res that inorder for an amendment,to the Future Land Use Map ro qualify as a "small-scale ! amendment, the property must be.less than 10 acres in size. If the a~endment revolves a residential land use, the density must be i0 dwellii/g' units or less per acre. An exception in the density limitation is permffted if~he property is in m area desi. gnated in the comPreh~nslve plan ~or urban infill, urban redevelopment or dovmtown revitalization. Even though the ~requested density for the sffe is greater than 10 du&c, the parcel is less than I( size, is located W~thin the expanded Community Redevelopment Azea and wouM be considered redevelopment project. The subject property cbntains 2.00 acres, and.therefore qJaahfies as~ scale" amendment. A "small-scale" amendment is adopted prior to, for~varding to the Florida D~ of .C6mmmkity A. ffair~ 'and is not~ rev/ew~d for compt/~nce with l he state~ regionat~: cgmprehensive.plams prior tn, adaplior~ - ,.. The criter~usecLto re~¼ew C0mp~eAeaas~e PIan_amendmenta and rezommgs arezl/sted in,Ai-licle to the Compre~si~:Pl~m:~L~r~;Lr~ap~ , * acres in "small- ~arm~em .& local mdment a. Whether the would, be conxixtent with. Pc4ic3r t. t2Jt crftl~'EarXd'~se~E~errtertt~eads: "The,City shallacloptand enf~ce regulations to notify and shall solicit the comments of Beac5 C6unty D{xSS/O~ :ofEi~e~gency Management and the City%'P~k Mmaagement prior to approving any mcrease,i~ residential densities in the Hurricane Evacuation Zone above the mammum densme, s allowed m the Coastal Management Element, ff the proposed denmty increase would resuR m aa !~g~e':~of 50 or more dwellings. The Cr~ shall request ttmt these density ~ncrea~es:~ e~lUated ~t~ r.~ect to the palm Beach COUnty COraprekensive Emergency ~t ~ ~ C?~s~z~de~e~e: eomments~ png~:.te-~fevet~pme~t,,orc~er for the project, and shall not approve density increases which would substantially impair The subject property is located on Higkt=taZardzcme~requiring e_vac-uatiorrSn~the, event o£~ Category I Hurricane 6n the Safffr/S'n~ Scale, The proposed land use amendment amir~-w~ ,r~im p~r am-e far ttte ~220~ ~"e~. ~or the aubject parcel, this increase will allow a maxin~ ZI dwellirrg m-~i~':tehe!camzs~c-ted,:faI~ngbelow the 50 unit Ieve[ thatrequires coordfnaffon w/dr . l~h~'Bemch: C oumty* ~ ~t: ~hmnir~g- Divisiom um of As stated above, the subject property is ¢omprmed of two-parcels: a 1 .i 6~acre parcel designated Low Density Residential amiZOnedR-l-AA-Single-famity Residenft~:l; and a 0.86 acre parcel des~grmre~ Local Retail Cm~.ercial and zoned C-3-Community Commercial. TTxe City's land developmenr Page 4 Dakota Lofts File Number: LUAR 01-006 Staff Report . - As cited above, these are also objectives of the City's adopted redevelopment plan for the Federal Highway Corr/dor. d. Whether the proposed use would be compatible with utility systems, roadways, and o~her publicfac~Tities. The proposed land use amendment and rezoning would increase the on the property from 15 to 21; an increase of only six (6) units. This would nor demands on reviewed the traffic statement for the Performance Standards of stated, allowed has permitt/ng authorities- e. Wkdt/ier~th~re~n~g. would pe compatibtewiththe cwrrentartdfitture tme adjacent~rmd itearby~proF~ or,~'ardd,affect, the~FroFer~:*,~d~.of adjacent or n properties. As stated above, the requestedAand ~anc~ rezoning wout& eons~.~e a cont~mfion l~d use and ~gof~e~d~ac~r ~op~ m the no~.oft~ ~5jeer site. ~e re~e~eff c~ also se~e m increase the r~ge ofhous~g.oppo~nifies avaihbtein the redevelopm~r ~ea. At the 'woufd e same Yes, that yorfforr'of~ake proper tTd~gxmted "~erc~_ 17' is currently developed umterXl~e-ex/~ tir.~ l/ar~ use designation and zorfing, and ~ould be'redev~oped fora wide range of commercial'uses or residential development at a dens/fy of up to J/0.8 &welling~mits per acre. The rear portion 0fthe property, , designated as "residenfial"curreatly Serveg as a' parking Iht for the commercial (/'estaurant) use and could be developed with single-family homes. g. Whether the proposed rezoningis of a scale which is reasonably related to the needs of the rteigkborhood and the city as a~w!~le. The re~ land use amendment andrezoning present the opportunity for redevelopment in a h visible entrance corridor to the City and:wflI als0 provide support for economic revitalization and downtown redevelopment. h. Whetherttmr~ are adequa~er~:*tsmvk,~r~i~t~cdty~tlv~prOp~s~,~i~di~r~ wker~ e~mk use i~atr~ady, aP[owed. Thermate a. Iimit~d number cfl~ aites~elsewhere iz~the c£ty where residential development could occ derr~[ty o~II~82dl.~ac~lI~weY, t~3tJ~to~ sites do not offer the opporraniry for redevelopment and~irX~ deve~c, pmerm ri~-~ais: k~;on;~ff~ords~ ~Novwoutd development of those available sites~ serveto p the goals of the Community Redevelopment Agency and the Federal Highway Corridor Commun: Redevelopment Plan. lily Page 6 Dakota Lofts File Number: LUAR 0 I~006 StaffKeporr While the property fronts on South Federal Highway, a single access to the developmem is proposed from Bamboo Lane. A 20-foot wide ingress, egress and utility easement traverses the p?operry from north to so~kii(parallel ~o Federal Highway). This easement would provide internal circulaSSo~ to the.residents ar~d~;aiso preserve access for the occupants o/'three single-family homes ~o~ated to the east and ndrth of the.~n~*oject property. CONCLUSIONS/REC OIVhME_NDATIONS , this request is c0nsistent with the intent of the Comprehensive Plan; will nor create Comprehensive will be LOCATION MAP Requested City Commission .Meetlnff Dates [] November 20, 2001 ] December 4, 2001 [] December 18. 2001 [] January 2. 2002 III.-PUBLIC HEARING IT£1 B. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to Cirv Clerk's Office November 7. 2001 (5:00 p.m.) November 21, 2001 (5:00 p.m.) December 5, 2001 (5:00 p.m0 December 19, 200] (5:00 P.m-) Requested City Commission MeeIing Dates [] January 15, 2002 [] February 5, 2002 [] February 19. 2002 [] March 5. 2002 Date Final Form Must be Turned in to City Clerk/s Office January 3, 2002 (5:00 p.m.) January 16, 2002 (5:00 p.m.) February 6, 2002 (5'00 p.m.) February 20, 2002 (5:00 p.m. NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Please place this item on the January 15, 2002 City comnmssion agenda u~der Public Hearing. Staff recommends this itembe approve,,~ ~ch is necessary to continue the processing of the Notice of Intant and 'Hn~'tiate a planning study on the properties zoned M-1 and located On the east side of South Congress Avenuel EXPLANATION: The Notice of latent (NOI) for th/s planning study was approved by the Commission on J; Pursuant m Ordinance 00-53. winch established the NOI process, at the next Commission meeting following tl public hearing will be held to provide the format for the pubhc ro ad&ess the City Corrm~ssion relative to a f'fl You will recall that staffhas been directed to conduct a plannmg study on the, group of properties zoned M-1 a the east side of South Congress Avenue. The study area (a.k.a "affected area ) is described as the area boun& Worth Drainage District (LWDD/L-28 Canal on the north, the existing M-1 zoning district boundary on the e L-30 Canal on the south, and Congress Avenue right-of-way on the west [see attached Exhibit "A"). The Noti in effect for 6 months, winch is anticipated to be adequate to complete the study and formulate any necessary recommendations. For further details On the resolution and the planned study, please see accompanying Depa anent Memorundum No. PZ 01-279. nuary 2, 2002. e NOI, a ,~d NOI. rd located on d by the Lake [st. the LWDD :e of Intent is PROGRAM IMPACT: N/A. FISCAL IMPACT: N/A ALTERNATIVES: Not~pp~ove subject Notice of Intent and redirect sta .ff afic~ Developn~e.~-lSep~riment~)i~-c~,ctor City Manager s Signature Plain'ting andr2ottling Director City Attorney Finance / Human R&ources S:~Planning SHARED WP~SPECPRO J~South Congress Ave StudyXAgenda Item Request NOI Public Hearing 01-15-02.dot S :\B ULLETINKFOP,_MS\AGENDA ITEM REQUEST FORM.DOC Affected Area EXHIBIT "A" 2000 0 2000 Feet 17¥H E \7.: Boynton Veterans Council American Legion Posts 164 & 288: Disabled American Veterans 152: J~wish War Veterans Post 440: Military Order Of the Purple Heart Post 687: Korean War Veterans Unit 17: Veterans of Foreign Wars Posts 5335 & 10150: Sons of the American Legion Post 164 9525 Majestic Way Boynton Beach, FL 33437 V~.-ANNOUNCEIVlENTS & PRESENTATIONS Ttem B.:La January 8, 2002 To Boyaton Beach City Officials Please forgive the memo format of this note. The Boynton Veterans Council bas no secretary or volunteex seining. The~BoymOn~Vo~ns~ CounciL ~1t :be.lmlding oar l%t~Celebmtioa.on~Sunday, Febmacy .3~ 200Zat :7:00~pam This year th~ programwiR Jae~ at tho Aseensioa Luthe~--.hu~_ 3~,9~, S~ Seacares~Btvd~i~Boynto~Beach- Thia~programlaunches "Brothadaood Month.". The program lasts about 50 minutes. You and yoar guests are inx4tedytoattend. We would greatly appreciate the City issuing a Proclamation upon this occasion, and if Mayor Br~ening can present it at this eeremoay. ARother officials are invited to attend xvith their guests, and if.yo~t contact mepri~r ta tt~ ~ I Wffi gatroduee you to the anflienee. Please stay for ~he %offec~.~ -~ Sineerely yours, Alvin Walker, Chairman 5585 Munsel Lane, # 101 BoyntowBeneh, FL 33437 WHEREAS, February 3, 2002 will mark the 59th Anniversary of the sinking of the troopship SS Dorchester:- which carded to their deaths four Chaplains-of three faithswho StoOd' united n ~r~yer as the sh p went down and WHEREAS/.these four Chaplains -.Roman 3athol'c, Jew'sh and Protestant~gave the'r own I'fe 'ackets to four soldiers and thus sacrificed their own lives to sa~ the lives of others; and WHEREAS, it ~s fitting at a time when the freedom of the world is imperiled that the City of Boynton Beach. Florida should give special recognition to the memory of those who sacr~ced their lives for the cause of freedom; and WHEREAS, the heroic deed of the four Chaplains and their combined act of supreme devotion and sacrifice for Amedcan liberty and human-freedom will be ~'inspo'ing:and ever-shini~j'ex~,.~,;e'of real brothe~ood~fora~[.t~i*ne people of the wu~, and' ~IEEEAS, we ~'[~.~.:~ ~it~t~supmm~ sacrifice to the comm~r~cause of freedom and justice for all shall not have been in vain. NO?C;:'~FORE; I~ G~w-ato~l~u~-~i,g;, b~'~veeted'~'me~as Mayor of the City of Boynto~_.'- Beach; FIQdda, l~ereby proclaim Surt~a~t, Feb[ua~ 3~ 2Q02:t~ be. obsa~.e,~.as: "FOUR CHAPLAINS. SUNDAY" Am~-call upon ~i[ our~ci~u~r:~memorate the day wi~'~ppropriate observances in public:pisces and by prayers in their homes and houses of worship. IN~NtTNESS WHEREOF, I have hereunto set my hand and'caused the ~eal of the City of Boynto~ Beach, F[0dda, to be affixed at Boynton Beach, Rodd'a, this 15th day of January, Two Thousand Two. Ge~f~,~em~g; Mayor, C,J. ty off--Beach City'Clerk ~'~ /Coreorate Sea~) Requested City Cormmsalon Meeting Dates [] November 20, 2001 [] Dec~mber 4, 2001 [] December 18, 2001 [] January2,2002 VL-ANNOUNCEMENTS & PRESENTATIONS Item B.2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date FinaI Form Must be Turned in to City Clerk's Office November 7, 2001 5:0(p.m.) November 21. 2001 (5:00p.m.) December 5, 200I (5:00 p.m.) December I9, 2001 (5:00 p.mo Requested City Commission [] January 15, 2002 [] February5, 2002 [] February 19, 2002 [] Marcl~5, 2002 Date Final Form Must be Turned m to CiW Clerk's Offic9 January 3, 2002 (5:00 p.m January I6, 2002 (5:00 p.m.) February 6, 2002 (5:00 p.m February20, 2002 (5:00 p.m.y NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Heahng [] Legal [] Bids [] Umfirdshed Bus/ness [] Announcement [] Presentation [] City Manager*s Repon RECOMMENDATION: Request the Mayor joins Recreation Department staffin presenting annual Holiday Parade Awards. EXPLANATION: On Saturday, December 8, the City hosted its 31 st Annual Holiday parade. Recreation Department staffwill assist the Mayor in recognizing award winners and judges for their participation in the parade. PROGRAM IMPACT: Recogmzing award winners and judges for their participation in the parade FISCAL IMPACT: N/A ALTERNATIVES: N/A ~"-~nmentHea~'s si~nhtu[e' f ' Caty Manager s S~gnamre Departmem Name City Attorney / Finance / Human Resources S:XB ULLETIN~FORM S~AGENDA ITEM REQUEST FORM.DOC VII.-CONSENT AGENDA .ITEM B.1 RESOLUTION NO. R02- A RESOLUTION OF THE CITY COMMISSION OF THE Clq-Y OF BOYNTON BEACH, FLORIDA, APPROVING THE AWARD OF A BTD FOR THE SAN CASTLE SUBDIVISION WATER SYSTEM IMPROVEMENTS PRO3ECT (BID #005-2413-02/C]D) TO CHAZ EQUIPMENT COMPANY, INC., OF WELLINGTON, FLOR/DA, IN THE AMOUNTOF $1,241,950.00; ESTABLISHING A TOTAL PROJECT BUDGET APPROPRIATION IN THE AMOUNT OF $1,304.047.00; AUTHORIZING AND DIRECTING THE MAYOR AND C1TY CLERK TO EXECUTE A CONTRACT BE-FVVEEN THE C1TY OF BOYNTON BEACH AND CHAZ EQUIPMENT COMPANY, INC., AND PROVIDING AN EFFECT[VE DATE. WHEREAS, on November 20, 2001, bids were opened and Chaz Equipment Company, Inc., was selected as the most complete and responsive ~idder who met and exceeded all specifications; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COHHISSION OF THE CTTY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida, ~ereby approves the award of a bid for the San Castle Subdivision water System Improvements Project to Chaz Equipment Company, Inc., and to establish a total project budget appropriation n the amount of $1,304,047. A copy of the Contract is attached hereto as Exhibit "A". Section 2. That this Resolution shall become effective immediately. PASSED AND. ADOPTED THIS day .lanuary, 2002. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner O-rEST: Sity Clerk [Corporate Seal) ;:Reso\Bid Awarci\Chaz Equipment 0t0802 ] December 4; 2001 NATURE OF AGENDA ITEM VZi'.-CONSENT AGENDA :[TEN B.1 CITY OF BOYNTON BEACH Agenda Item-Request Form ~ovember2L 20~1 C5:00 p.m.). Febc~ary 5, 2CO2 J~nuary 16, 2(X72 (5:(30 p.m.) ~ Fet=rua~,.4~O. 2002 5:00 p.rn.) [] Ad~1~istra~ve [] Develol~nent Plans i"~ Conse~Ag~nda [] New Business ,"-']Bids [] Unfinished Business [] Announcement [] Presentation [] Ci~i~qer's Report RECOMMENDATION: Motion to award a contract in the amount of $1,241,950.00 to Chaz Equipment Company nc. of Wellington; Florida as the successful bidder under Bid No~ 005~2413-02/CJD for the San Castle SubdivisiOn water System Improvements Project and to establish a total project bu.d~get appropriation in the amount of $1,304,047.00. This project provides for the installation of new 8 and 6 water mains to allow for current and~future~ hydraulic demands, fire flows, additional and/or relocation of fire hydrants and rep acement of existing small rear easement water services in the San Castle area east of 1-95. EXPLANATION: This project wes approved under a Utility Dept. Task Order with Hartman and Associates, Inc. to perform professional engineering services for a "design/build' approach for the installation of approximately 13,000 linear feet of new water main and replacement of approximatlily 120 services in the San Castle Subdivision. The ~design/build' method was chosen to allow for the flexibility of making construction field decisions during the design and construction period. This project area was served by a private utility that went bankrupt over 20 years ago turning over responsibility to the Health Dept which was later picked up by the City. Since there was very little in terms of existing drawings and data on this area and the City did not participate in the original design, it was believed that this approach would be more effective in managing and adjusting to the field conditions that. may be encountered. Five bids were received on November 20, 2001 and the bid, which represents the most advantageous offer to the City, is Chaz Equipment Company, Inc., the second Iow bidder. The Iow bid was disqualified due to lack of experience with similar works, project personnel with insufficient background .in utility underground construction, and a bid which was significantly below the Consultant's project estimate. CITY OF BOYNTON BEACH Agenda Item Req uest Form PROGRAM IMPACT: This project will improve wate~ qbality, flOW availability, al'id eliminate dead ends. and se~ices which will correct levels, 10ss:°f disinfection, fire fJow as well as yards. The ~ similar c~y given the excellent bid the (~ity Manager's Signature 'C~~A~d~y=/ Finance/ Human Resources DEPARTMENT OF ENGINEERING MEMO nl~ .~DUM- NO. 01 2~1 THROUGH: FROM: SUBJECT: CC: Bill Atkins ASsistant Finance DireCtor/Procurement Agent Jeff Livergood ~.~ V' Director Public Works ~aul Fleming'~ e~ior Pr0je~ Manager Recommendation for Contract Award- San Castle Subdivision Water System rnprovements (Bid No. 005-2413-02/CJD) File; RObert Kenyon, Barbara Conboy, Clem Bucher DATE: December 28, 2001 PHONE: (561) 742-6487 This office has reviewed the bid tabulation sheet and related information for the subject project/bid and hereby recommends contract award in- accordance with the following data: Project Name: San Castle Subdivision Water System Improvements Project Recommended Contractor: Chaz Equipment Company, Inc. This is the second Iow bidder under Bid No. 005-2413-02/CJD and represents the most advantageous offer to the City. The first Iow bidder of PRM Engineering and Contracting, Inc. did not receive a recommendation from the project consultant based upon the following reasons: a) The PRM bid is approximately 30% below the second bidder and significantly less than the Consultant's estimate. This is considered a substantial differential, b) The submitted list of past experience of PRM set forth generally out of ~dght of way= projects with a minimum of underground utility work included; c) Resumes provided for the project superintendent and foreman do not demonstrate a sufficient background in utility underground construction similar to the subject project. Therefore g~ven the above stated masons and the fact that this project is a "design/build' type of project requiring the requisite past experience and qualifications it was determined in the best interests of the City to recommend award to Chez Equipment Company, Inc. Chaz is a well known and highly experienced utility underground contractor whose bid was mom in line with the estimate and the other bids received. The above facts ware discussed ina meeting with the City Attorney, who supported the recommendation to proceed with award to Chez Equipment Company, Inc. Award Amount: $1,241,950.00 (a contingency reserve of 5% of the award amount or $62,097 should be set aside for unforeseen site conditions to be managed by the City Project Manager for a total project buctget of $1,304,047.00) Account No.: Funds are available in the Utility General Reserve account 403-5000-590-96.02. This project is listed in the ClP book and assigned project number of WRT05Z~. Funds availability has been vedfied with the Director of Finance. Memorandum No. 01-251 Verification of Contractor Responsibility: Construction Services Division and the Hartman and Associates. Inc. have jointly verified that the firm Chaz Equipment performed successful similar construction works for a wide vadety of both pdvate an~ is submitted as its Compliance with the Plans and Specifications: No exceptions were ~aken to the construction design/build dOcuments. A pre-award with Construction and Client Office Concurrence: Bid results were 'discUssed With' Roi~ert Kenyon, DePuty Director, Utilities who has indicated his concurrence with the award recommendati0n to~, Chaz~Ec!uipment Company nc If you have any questions please contact Clem Bucher, Contract Administrator, ext. 6491. Affachment: Agenda Item Request 2 PRINCIPALS: :HARTMAN & ASSOCIATES, INC. ., surveyors & management consultants December 17, 2001 HAI #00-197.01 ASSOCLkTES Mr. Paul-M. Fleming Senior Project Manager, Engineering City of Boynton Beach 100 E. Boynton Beach Blvd. BoyntonBeach, _FL 33425 Re: Design/Build~ Services, San Castle Subdivision Water System Improvements City. Bid # 005-2413-02/CJD HAI Project # 00-197;01 Chaz Equipment Company, Inc. Dear Mr. Fleming: The City received five bids on November 20, 2001 for the Design/Build Services for San Castle Water Distribution Improvements. The En~neefs Est/mate for this project is $1,383,370. Upon review of the bids received and meetings with you, your staff and the City Attorney, it appears that the best responsible bidder whose bid represents the most advantageous to the City is the second bidder, Chaz Equipment Company, Inc., in the amount of $1,241,950.00. It is our recommendation that the City award the contract to Chaz Equipment Company, Inc. for the aforementioned remount. Our recommendation is based on a review of the firm's previously completed projects, stated project manager, field foreman and listed sub-contractors. We understand that a Pre-Award Meeting will be scheduled to discuss particular features of the project and bid Hartman & Associates, Inc. will attend at the City's request. A Pre-Construction Meeting will be scheduled once the contracts have been processed. We would expect th= City will issue the Notice to Proceed at that time. If you have any questions, please call. Sincerely, tIartman & Associates, [nc. Regional Manager File: 00-197.01 A 8211 xXrEST BROWARD BOULEVARD · SUITE 330 * PDKNT3.TION. FL 33324 TELEPHONE (954) 236-3360 · F.~'{ (954) 236-5601 · www. consulthai.cora MAG/jem/wordproc/2000/00-197.0 l/corre~/FlemingI 21701 O RJ2~N'DO FORT MYERS PL~NTATIO N JACKSONa~LLE DESTIN ~mm m -< m m 555 ,~,oo ~mm ~m~ ~k;m --~< . o m ~ Z ~oo - ~mm o~>~ ~d (~pBID TITLE: BID NUMBER: DESI~G~?UILD SERVICES FOR SAN WATER: SYSTEM IMPROVEMENTS #005-2~13-02/CJD CASTLE D TItIS CONTRACT, made and entered into tkis 16th day of Januarg,_21~, by and between the CITY OF BOYNTON BEACH, a municipal corporation of Florida_ hereinafter called the "CITY" or "OWNER" and;~Z :~QI JIPMF, NT. C. OMPANYL INC. a Flo da Corporaaon CX_0 < Chef'lOne ' a Flori~ General ~artnershiis'( ) a .Florid~ Limite{~armership.~( ) a Sole Proprietor .( ) hereinafter calleg"~CONTRA~;CTOR". WlTNESSETIt i : A. The City l~as heretofo~ invited bids for a City construction project ("Project") identified by the bid titl~ibid ~tUmhe~ and project numbe~ hsted above and commonly referred to as: DESIGN/BUII~D SERVICES FOR SAN CASTLE WATER SYSTEM IMPROVEMENTS Contractor, in compli.,ap~ ce with the bidding requirements announced by the City, submitted a bid on the20th da~ of ~ for the unit cost bid which had a total bid amount of~ On the 1 _~th day of ~ the City Commission designated contractor as having submitte&the 'bid that~ was most advantageous to the City and authorized the execution of this Agreement. The Parties agree tha{ the Project is scheduled to be completed m accordance with the schedule provided in ~e Instruction to Bidders from the issuance of the Notice to Proceed, subject to CITY appr ~ed time extensions. There are penalties ~o the CONTRACTOR for the failure to meet such deadlines. NOW, TgFEREFOR~, in consideration of these premises and the mutual conditions and covenants contained here~n, ~e parties agree as follows: C-I 1. AGREEMENT The Parties agree that: 1.1.1. The foregoing recitations contained in Paragraphs A-C are true and correct and incorporated h~rein by tkis reference. 1.1.2. The CITY does hire and employ the CONTRACTOR to provide construction Services for completion of the Project. 1.1.3. The CONTI~TOP~ does ~a¢cept this Contract and does agree to famish the nee~s~ :labor;tools, e~Uipment, mater[als, and supplies, etc., and to coml>~ ~he Pre)jest b:_y ~e~orming all ~e Work .as set forth in the this C0ntract-aad'!the Coxm~evDocUmentS for the price and amounts set forth in Contr~etbr' s bid. ' 1.1.4. Contractor is an inc~ependent contractor as that term is set forth in the General~Conditiong for Construction (GC-2) 1.1.5. Unless'~theryv, iSe provided, all time fi-ames referenced in all Contract DocUments shall be calendar days. SCOPE OF SERVICES 2.1. The Projec~ consists of those improvements described and set forth in the Contract Documents~ 2.2. The Contract Documents are the compilation of the following individual documents: 2.2.1. Advertisement for Bids 2.2.2. Instructions forBidders 2.2.3. Bid Proposal 2.2.4. Bid Bond 2.2,5. General Conditions for Construction (GC) - all references to "GC" shall be to section numbers 2.2.6. Construction Contract 2.2.7. Certificate of Insurance 2.2.8. Public Construction Bond 2.2.9. Letters of Credit 2.2.10. Technical Specifications 2.2.11, Contract Drawings and Plans 2.2.12. Ac~denda~ 2.2.13. Written directives or interpretations 2.2.14. Manufacturers warranties C-2 3. OBLIGATIONS OF CONTRACTOR 3.1. Contractor shall: 3.1.1 Furnish al! materials, ,supplies, m0chines, eqmpraent, tools, superintendents, labor, insurance,~ and other accessories and services necess 'ary m complete said project in accordance with the conditions and prices, ls stated in the Contract Documents. 3 1 2. Perfom~: al, L~he ~or, k~ ~6 labo~¢pt~smmt~-~t~ this eon~act ~d a~ of the , mat~m~ ~sked,~ ;be.,,~3~jst~m' em:bmity wi~ ~e Con,act ~t~* ~O~T~C~ ,~er ~fe:~S ,and consents to the mn~fiom a~gt~ ~ ~ ~a~et~o~nts ~M e~ressly a~ees to 3.1.3. 3.1.4. all the work above ] and /n file in the office of the Guarantee of,~ defective year aRer settlement, any ,and all (1) I ot~ final payment. (1 O) days ''ons of Section before final material forms ,f lien forms 3.1.6. Remove and clean up all', rubbish, ~debris~ excess material, temporary - structures, tools and equipment fi:om sU:eets, alleysi parle;rays and adjacent property that may have been used or.worl~ed~ ,tm:by the CONTRACTOR ~n connection with the proj, ect Promptly as ~ch section or portion is completed and ready for use, leawng the same m a neat and presentable condition. 3.1.7. Observe and comply with the pro¥isions o1: the~charter, ordinances, codes and regulations of the City of ~o~ton:B~ach~!Fioi'ida. c-3 3.1.8. Obtain written approval from the CITY of all subcontractors not disclosed in the Contractor's bid document. 3.2. 3.1,9. Perform such other tasksas set forth in the Contract Documents. 3.1.10. Shall provide all required bonds, insurance certificates and any other required security for performance of the Project within ten (10) days of the Award o f the Project. The, CONTRAQTOR wilJ betheld responsible f0r the care, protection and Condition o~f all' ~vork until final Completion and acceptance~ thereof, and will be ~equired t9 ~mak* g°~od at his, o~n cost any d~age or inj~ oc, curring from any -cause ~esulting ~;from .their acts, or ,omissions or ~the acts or omissions of their SUbcontracts .or suppliers. 4. CITY'S OBLIGATIONS 4.1. City s .!~J!,pro~ide:a written notice to proceed not later than ten (10) days from the execution of this Contract. 4.2, 4.3, Make timely payments for the work in accordance with the procedures and time frames set forth.in the Contract Documents. On satisfactory completion of the Project, provide a written final acceptance and payment for the entire project. 5. COMMENCEMENT OF WORK 5.2. CONT~CTOR hereby agrees to commence work under,,ths contract on or before a d~ite to be specified in the Written "Notice to Proceed of the CITY and to fully comPlete the project in accordance with the schedule provided in the Instruction To Bidders following the commencement date as specified in same. Time is.the essence of the Contract. In the evem the CONTRACTOR shall fail to timely commence the ~vork following Notice to Proceed or fail in the performance 0fthe Work specified and required to: be performed within the time limit set forth in the contract, a~er due allowance for any extension or extensions of time made in accordance with the Contract DoCuments, the CONTRACTOR shall be liable to the CITY, as liquidated damages and not as penalty, the amount stipulated in Section 6.0' he~:ein below for each and every calendar day that the CONTRACTOR shall be in default of completion. CONTRACTOR shall notify, the Project Engineer in writing of any change in the names and addresses of eachlsube0mracror ,proposed~fo~principal pa~s of work, and any changes in subcontrac~t0~s from those proposed in CONTRACTOR's bid propose, add: f0~ ~hch oth~is as~th~r~j~~t Eag~ee~: .~' dii-~i~ and shall not employ..any that CITY may, W/th~ a reasonable lime, qbje~t to as incompetent or 6. LIQUIDATED DAMAGES the fig~ liquidated ~ of the have or that may from the 7. PROTECTIONOF EXISTING F3~CILITIES AND WO~/N PROGRESS The CONTRACTOR warrants that quote~ prices in~lud~e the protection and contmu0us use of all ex, slang wofkm Pr0ces.?, property pi operatt ~ons of the CITY as more particul~ly Set fOrfh in th~ Gene/al C~midifion~T6~ ;c6~-tmctiofi (GC-44, GC-45, a/a~d GC-46). 8. INDEMSNIFICATION 8.2. The CONTRACTOR shall indemnify and save harmless and defend the CITY, its agents, servants, and employees from and against any claim, demand, or cause of action of ~hatsoeVer kind or nature ads~g Out of error,, ~mi~ssi°n Or negligent act 0f coNTg,.ACTOR, its agents, ser~ar~ts, or employees'in ~e performance of services under this Agreement. CONTRACTOR shall indemnify and save harmless and defend CITY, its agents, servants ~d employees from against anj kind arid al~ c~t~es, claims, demands, acfiofis,' losses; liabilities, set~ [emen' and f&~s (incku~ling without limita ion re m both the trial and appellate levels) ~ to default of or its thm the CONTRACTOR has ' the Contract sum payable by the CITY to the CONTRACTOR, specific additional consideration in the amount of ten dollars ($10.00) sufficient to support this obligation of indemnification provided for in this paragraph. C-5 The indemnification required pursuant to the Contract shall in no event be less than $1 million per occurrence or no more than the limits of insurance required of the CONTRACTOR by the Contract. whichever is greater. It is the CITY'S mud CONTRACTOR'S full intention that this provision shall be enforceable and said provis~on~shall be in comptianee,with Section 725;06, Florida Statute. The execution of this Agreement by the CONTRACTOR shall obligate CONTRACTOR to comply with the fo=egoing indemnification prowsion, as wel~ as the insurance provisions which are set forth in~ the General Conditions for ConstruCtion. However,-the indenmification provision, and the insurance provision contained in the General Conditions fo~ Consumction are not interdependent of each other, but rather each one is separate and distinct from the other. 8.4. The obligation of the CONTRACTOR to indemnify the CITY is not subject to any offset, limitation or defense as a result of any insm:ance proceeds available to either the CITY or the CONTRACTOR. 9. PAYMENT BY CITY 9.1 The CITY agrees ~o pay the CONTRACTOR in current funds for the performance of the contract, subject to additions and deductions as provided in the Contract Documents. 10. CHANGES IN TIlE WORK 10.1. The CITY, without invalidating the Contract, may order extra work or make changes by altering, adding m or deducting from the work, the Contract sum being adjusted accordingly. All such work shall he executed under the conditions of the original Contract. Any claim for extension o£time caused thereby shall be made in writing at the time such change is ordered. Changes in the work must be processed as set forth in the General Conditions for Construction (GC-57). 10.2. All change orders and adjusunents shall be in writir~.g and approved by the Project Manager, otherwise, no claim for extras will be allowed. 10.3. Claim of payment for extra work shall be submitted by the CONTRACTOR upon certified statement supported by receipted bills. Such statements shall be submitted for the current contract payment for the month in which the work was done. No claim for extra work shall be allowed, unless same was ordered, in writing, as aforesaid and the claim presented at the time of the ftrst estimate after the work is completed. 11. PROJECT ENGINEER 11.I. The Project Engineer ("Engineer") is Hartman and Associates, Inc., 8211 West Broward Blvd., Suite 330, Plantation. Florida 33324 11.2. The Project Engineer shall have general supervision and direction of thc work. The Project Engineer is the agent of the CITY only to the extant provided in the c-6 Contract Documents and when in special instances he has the authority by CITY to act, and in such instances he shall, upon request, show CONTRACTOR such authority in writing. He has :authority? to stoP,:the work whenever sgeh stoppage may be necessary to insure the proper execution of the Contract. 1 1.3. As the-ProjectEngineer is, in the first in?ante, the interpret_er of the conditions of the ¢°n~t;alld:the'j~tdge 0f:its~pet;for~nce, he shall side neither with CITY nor With. CONIrRAiCTOR, {but.shall·USe his~' ~x authority pursuant to, the Contract to enforce, its fa~thf~t pc'~fformance by bdth parties. 11.4. In the event of a dispute the role ~f the ProJeCt "~ii~" '" is to make recommendations to the Proiect ~[anager wtioshall make the final deciston. 12. INSURANCE. · 12,1. The Contractor shall obtain and maintain insurance as set fortli in the General Conditions for Construction (GC-28). 13. CONTRACT CONTROLS 13.1. This Contract must be construed with all other Contract Documents, a master set of which shall be maintained by the City Clerk of the CITY. In the event of a dispute, only the master set of documents, or copies thereof certified by the City Clerk, shall be used as evidence. 13.2. In the event of a conflict between the requirements or specifications set forth in the Contract Documents, the conflict shall be resolved by written interpretation by the CITY, or its representatives as set forth in the General Conditions for Construction (GC-18). ~In reconciling conflicting provisions of the Contract Documents, the Contract shall have the greatest weight, followed by the General Conditions for Construction and finally by the balance of the Contract Document 14. TIME OF ESSENCE 14.1. Inasmuch as the provisions of the Contract Documents relating to the times of performance and completion of the work are for the purpose of enabling the CITY to complete the construction of a public improvement in accordance with a predetermined program, all such time limits are of the essence of the Contract. 15. REMEDY FOR DELAY 15.1. In the event of any delay in the project caused by any act or omisston of the CITY, its agents or employees, by the act or omission of any other party other than the CONTRACTOR; his agents, employees or subcontractors, or delay caused by weather conditions or unavailability of materials, the sole remedy available to CONTRACTOR shall be by extension of the time allocated to complete the project, C-7 15.2. NO MONETARY DAMAGES SHALL BE CLAIMED OR AWARDED TO CONTRACTOR IN ASSOCIATION WITH ANY DELAY IN THE PROJECT CAUSED BY AN ACT .OR OMISSION, OF THE CITY, ITS AGENTS OR EMPLOYEES. CONTRACTOR ACKNOWLEDGES THIS LIMITATION ON RECOVEKY AND ASSUMES ALL MONETARY RISKoASSOCIATED WlTI{ THIS LIMITATION. CONTRACTOR hereby acknowledges that he has read and understands the above provision. INT~J~S 15.3. Fai}ure on the part of CONTRACTOR to timely process a request for an extension of time to complete the work shall constitute a waiver by CONTRACTrOR and CONTRACTOR shall be held responsible for completing the work within the time allocated by this contract. 15.4. All requests for extension of time to complete the wbrk shall be made in accordance with the General Conditions for Construction (GC 24) 15.5. For the pm'poke of this section the phrase "the CITY, its agents and employees" slmll indlud~ but shall noi be linfited to the Project Engineer and Project Manager. 16. DISPUTES 16.1. 16.2 Disputes shall be resolved as set forth in the General Conditions for Construction (0C-19). Upon resolution of a dispute by the Owner, either party may request the appointment of a mediator. c-8 IN WITNESS WttEREOF, the CITY has caused these presents to be s~gned by its Mayor, attested to by the City Clerk with th~ Corporate Seal of the said CITY and the CONT~QTOR has ex~uted'~th~se p~e§efi~'~th~e ~lay. 'and:!f?~.h.~ein befor~ wr/~en. Signed; s'~al~d'iand witnessed- CITY OF~ BOYNTON BEACH, FLORIDA in the presence of: ' Att;est: Mayor Approved as to F6rm: City Clerk CityA~orney Signed, sealed and witnessed in the presence of: CONTRACTOR State of Florida County of Palm Beach ) ) SS: ) President or Vice President Attest as to CONTRACTOR On tiffs day of ,20 , personally appeared before me, duty authorized to administer Oaths, known to be the persons described herein or who has produced as identification and who executed the foregoing instrument and has acknowledged before me that they have executed same. My Commission Expires: Notary Public C-9 VII.-CONSENT AGENDA ITEM B. 2. RESOLUTION R02- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A TWO AGREEMENTS BETWEEN THE CITY OF BOYNTON BEACH ~CITY) AND SAN FRANCISCO PUFFS PuND STUFF. AWARDING THE FOOD AND BEVERAGE PORTIONS OF BID (NO. 025-2710-02/KR) TO SAN FRANCISCO PUTFS & STUFF, INC., DURING THE MARCH 23 -24. 2002 FESTIVAL; AND PROVIDING AN EFFECTIVE DATE. WHEREAS. on December 27, 2001, two proposals were received for Bid No. )25-2710-02/KR. and staff has determined that it would be in the best interest ofthe City :o split the award between the two bidders, with food and beverage concession being iwarded to San Franciso Puffs and Stuff and beer and wine to the Greater Boynron. Beach Chamber of Commerce: WHEREAS, the City of Boynton Beach G.A.L.A. is an annual, art/cultural bstivat attracting between 40.000 and 50,000 people; and WItEREAS, the 2002 G.A.L.A, is scheduled to be held on March 23 and 24th, )02: and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION DF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boymon Beach, Florida does ~tereby authorize and direct the Mayor and City Clerk to award the food and beverage ~ortion of the concession bid (025-2710-02/KR) to San Francisco Puffs & Stuff, Inc.. for he 2002 G.A.L.A. festival scheduled to be held March 23 and March 24, 2002. A copy ~fthe Agreements are attached hereto as Exhibit "A", and Exhibit "B'. Section 2, This Resolution will become effective immediately upon passage. PASSE D AND ADOPTED this ~.TTEST: 2ity Clerk 2orporate Seal) da~v of January, 2002. CITY OF BOYNTON BEACH. FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner vI'r.-CONSENT AGENDA ITEM B.2. RESOLUTION R02- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH. FLORIDA. AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EX~CUTE AN AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH (CITY) ANT) THE GREATER BOYlxf;fON BEACH CHAMBER OF COMMERCE, PROVIDING FOR THE CHAMBER TO PLAN. ORGANIZE AND IMPLEMENT THE G.A.L.A. WINE & BEER GARDEN DURING THE MARCH 23 ~ 24, 2002 FESTiVAL IBD NO. 025-2710- 02/KR); AND PROVDING AN EFFECTIVE DATE. WHEREAS, on December 27, 2001, two proposals were received for Bid No. 25-2710-02/KR, and staffhas determined that it would be in the best interest of the City ~ split the award between the nvo bidders, with food and beverage concession being awarded to San Franciso Puffs and Stuff and beer and wine to the Greater Bo.vmon .. Beach Chamber of Commerce; WHEREAS, the City of Bo:mton Beach G.A.L.A. is an annual, art/cultural 'estival attracting between 40,000 and 50,000 people; and WHEREAS. the 2002 G.A.L.A. is scheduled to be held on March 23 and 24th. 002; and WHEREAS, the Greater Boynton Beach Chamber of Commerce has the nowledge, ability and experience to coordinate the Wine & Beer Garden at this event; ~nd NOW, THEREFORE, BE IT RESOLVED BY TIlE CITY COMMISSION OF TIlE CITY OF BOYNTON BEACII, FLORIDA, TIlAT: Section 1. The City Commission of the City of Boynton Beach. Florida does hereby authorize and direct the Mayor and City Clerk to award the beer and wine :oncession bid (025-2710-02/KR) to the Greater Boymon Beach Chamber of Commerce for the 2002 G.A.L.A. festival scheduled to be held March 23 and March 24. 2002. A copy of the Agreement is attached hereto as .Exhibit "A". Section 2. This Resolution will become effective immediately upon passage. PASSED AND ADOPTED this day of January, 2002. CITY OF BOYNTON BEACH. FLORIDA Mayor Vice Mayor Comriiissioner Commissioner Commissioner tTTEST: 2ity Clerk iCorporate SeaB Requested City Commission Meeting Dates [] November 20 2001 [] December 4, 2001 [] December 18, 2001 [] January 2. 2002 NATURE OF AGENDA ITEM VII.-CONSENT AGENDA ITEM B.2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office Requested City Comm~ssmn Meeting DaTes Date Final Fonu Must be Turned in to City Clerk's Office November 7.2001 (5:00 p.m. [] January 15. 2002 JanUal~ 3, 2002 (5:00 p.m.) November 2I. 2001 (5:00 p.m.~ [] February 5. 2002 January 16,.2002 (5:00 p.m.) DecemberS. 2001 (5:00p.m.) [] Febmaryt9.2002 February 6. 2002 (5:00 p.m.~ December 19, 2001 (5:00 p.m.) [] March 5, 2002 February 20, 2002 (5:00 p.m.) [] Administrative [] Development Plans ~ Consent Agenda [] New Business [] Public Hearing [] Legal '-" Bids [] Unfinished Business [] Announcement [m Presentation [] City Manager's Report RECOMMENDATION: Motion to splii award the bid for GREAT AMERICAN LOVE AFFAIR (G.A.L.A.) CONCESSIONAIRES FOR FOOD, BEVERAGE. AND BEER & WINE to San Francisco Puffs and Stuff, and the Greater Boyntan Beach Chamber of Commerce, Bid #025-2710-02/KR. EXPLANATION: On December 27. 2001, two proposals were received. San Francisco Puffs and Stuff and the Greater Boynton Beach Chamber of Commerce. It has been determined that it would be in the best interest of the City to split the award for tins bid. Food and Beverage concession would be awarded to San Francisco Puffs and Stuff and the Beer & Wine concession would be awarded to the Greater Boynton Beach Chamber of Commerce. They have both offered satisfactory service and products to our event patrons for a aumber of years, as well as other events sponsored by the City. In addition, San Francisco Puffs and Stuff has offered tents, fence panels, and red, white and blue food tents at no charge to coordinate with the All-American G.A.L.A. theme. The Greater Boynton Beach Chamber of Commerce plans te add frozen drinks to their menu as an added source of revenue for 2002. Waily Majors. Recreation Director and Melissa Dale. Special Events Manager, concur with this recommendation (see attached Memo #01-89). PROGRAM IMPACT: The purpose of this bid is to secure a Concessionaire(s) who will provide food, beverages, and beer & wine for the 2002 G.A.L.A. to be held March 23 and 24. 2002. Concessionaire~ were invited to submit proposals for any/ail of the three concession categories. The G.A.L.A. will be located on Ocean Avenue from 3" Street. east across Federal Highway (U.S. 1) to 6t~ Street; including 6tu Court, north of Ocean Avenue, Boynton Beach, Florida. FISCAL IMPACT: According to the Specifications outlined in Bid #025-2710-02/KR, the City wiU retain twenty-five (25%} of the gross sales from food, beverages, and beer & wine. The gross sales will be determined by the number of tickets collected by the Concessionaire(s) and delivered to City Staffat the close of the event each day. In the past, we have collected a fiat fee from Concessionaires for a total of $19,500. We project revenues to exceed previous years' income based on retaining 25% of the gross sales. S:XBULLETIN~FORMSkAGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM D~pu~ D~cto~ of Financial Se~lces ~ ' ~ CI* M~g~'s S~a~e Procurement Services Deparanent Name City A~t6mey / Finance / Human Resources cc: Wally Majors, Recreation DirecTor Melissa Dale, Special Events Manager File S:kBULLETINYFORMS~AGENDA ITEM REQUEST FORM.DOC TO: FROM: DATE: SUBJECT: RECREATION DEPARTMENT MEMORANDUM NO. 01189 Karen Riselcy, Buyer Procurement Services Melissa Dale, Special Events Manage~'~ Recreation Department v ~ December 31, 2001 Award Recommendations for G.A.L.A. Concessionaires RECEIVED [ have recently reviewed the, two proposals that were turned in from potential G,A.L.A. concessionmres. The following organizations prOposals have been reviewed and considered for the 2002 event: The Greater Boynton Beach Chamber of Commerce - submitted for Beer & Wine concessions San Francisco Puffs and Stgff, Inc. - submitted for Food, Beverage and Beer & Wine concessions · I haVe reviewed the proposals and my recommendations for the 2002 G A.L A concessionaires are as _ follows: · I recommend that the Beer & Wine concession be awarded to The Greater Boymon Beach Chamber of Commerce. The Chamber of Commerce has provided good service to the G.A.L.A. festival for the last seven years and has shown that they are experienced in this area, have the appropriate liability insurance and would also like to include frozen drinks to their menu as an added source of revenue~ In addition, the G.A.L.A. committee realizes that the Chamber of Commerce g~eatly depends:on the festival as a large source of revenue throughout the year. The Chamber has also hgreed ~ all Specifications listed in the bid. · I recommend that the~e~F0od concession and the Beverage concession be awarded to San Francisco Puffs & Stuff, Inc. San Francisco ?uffs & Stuff has agreed to all specifications written in the bid and has proven th~at~ the~i.offer a good product and good service to our event patrons. San Francisco Puffs & Stuff has been a loyal vendor to the G.A.L.A. committee for many years and offers, free of charge arid in addition tothe bid specifications, (15) 10xl0 tents, (15) white picket fence panels, (1) 20x~0 p~le tent with white picket fencing, and food tents will be red, white and blue to coordinate'with ~he All-American G.A.L.A. the,me. The G.A.L.A. cornnnttee feels that the G.A.L.A. event will grdatly benefit from the company s experience and'the additional items that they have to offer. These are my award recommendations for the G.A.L.A. festival that will take place on March 23-24, 2002. Cc: Wally Majors, Recreation Director Bill Atkins. Director of Procurement Services Mark Pyne. Recreation Specialist Sherri Claude, Assistant to the Recreation Director Event File aaa O~m ~00 0 ooo ~o z oe ~ ~>~ m ~ z~ mm ~ z ~z~ ZZm~ ~ ~m mOm~~ . ~. ~ ~ ~'m 0 m~ ~ ~00= mo mo m ~z ,m~ ~ z~ oz ~z m © m ~z < --~O~m~ m~ om >~Z zm ~ zz ~z mO ~ >~ z om m~O mO m m> m 0 m m c~ ~ ~ o ~ ~z zo uu c0 u~ .~¢ c~ c~ (2 020 .~.00 Om mm ~ ZZ > MEMO NDUM TO: FROM. JANET PRAINITO CITY CLERK · ~IChREN RISELEY, DATE: JANUARY 3.2002 SUBJECT: ORIGIN~ AGREEMENTS BD#025-2710-02/KR " F D iGR:EAT AMF, RIC~AN' LOVE AF~Am (G.A L.A,) CONCESSIONAIRES FOR OO , ! : ! BEvERA~GE, AND BEER & WINE" Attached.are three original AG~MENTS in reference tO this biff. Food'Agreement Beverage Agreement Beer & Wine Agreement ; san Er~cisco Puffs & Stuff, Inc. [ '~aiiFra~cisco Puffs a Stuffi Inc. ! ~r~ater:Boynton Beach Chamber of Commerce Copies have been sent to tM Cityattomey's office for preparation of the Resolutions. Thank you. Attachment - Agreements cc: File FOOD CONCESSIONAIRE AGREEMENT THIS AGREEMENT made this day of ~ between SAN FRANCISCO PUFFS & STUFF, INC, (hereinafter referred to as "CONCESSIONAIRE) and CITY OF BOYNTON BEACH (hereinafter referred to as "CITY"), hereby stipulated: and agree tothe follawing: WHEREAS, CONCESSIONAIRE has been awarded the food concession rights for G,A.L.A. scheduled for March 23 & 24, 2002, to be located on Ocean Avenue from 3~ Street, east across Federal Highway (U.S. t) ro 6~ Street, including 6~ Court, north of Ocean Avenue Boynton Beach, Florida, according to the following conditions as submitted in the CONCESSI~ONAIRE'S bid document: 1. CONCESSIONAIRE is responsible for all food vendor site planning, booth construction, seT-up, clean-up and steam cleaning of cooking area after the e:vent. CONCESSIONAIRE will provide professional food vendors offering a variety of menu items to sufficiently serve an ~anti~cipated crowd of 25,000 persons over the 2-day period of the festival. With G.A.L.A.' Committe~ approval, the CONCESSIONAIRE may, in addition, utilize snack cans to supplement vendor stands. CONCESSIONAIRE will provide between five (5) and ten (10) local, non-profit organizations to serve as food vendors. The G.A.L.A. committee shall providearoster of such organizations who have previously participated and who shall be given first right-of-refusal privileges for 2002. The non-profit orgainzations (excluding any organization bidding on this project) shall retain 100% of their gross food sales. The entry fee for non-profit organizations will be $125.00. CONCESSIONAIRE will pay the CITY 100% of the non-profit entry fee and provide a complete listing of all entries and the total of listed entry fees collected. All tickets collected by non-profit orgamzations for gross food sales will be delivered directly to City Staff at the close of the event each day. 5. CONCESSIONAIRE shall contract for ice service for all concession operations, including concessions for Beverages and Beer & Wine. CONCESSIONAIRE will serve beverages such as hot cocoa, coffee and lemonade. NO SODA, WATER, JUICE DRINKS, ICED TEA OR SPORTS DRINKS Due to sponsor agreements, the G.A.L.A. Committee reserves the right to designate the product/brand sold. 7. CONCESSIONAIRE wilt provide fifteen (15) round picnic tables, sixty (60) chairs, fifteen (15) umbrellas to be used in the MAIN food court area of the festival. 1 PART I 8. CONCESSIONAIRE shall pay the CITY a clean-up deposit in the mount of one thousand dollars ($1,000.00). The clean-up deposit will be fully refundable if the food court site passes inspection by City Staff. A checklist will be provided to the CONCESSION~AI, RE to~ ensure prolSer clean-up of the event site. Clean-up depbsi~ will be pai~ t~ ~th~-CITY no l/~ter'th'afi Janua~2g~ 2~002; 9. CITY staff ~viii be responsible for collecting ail moifie~ for f¢od in excfiange for: a food ticket(s) it de~i~gn~6~t ffgl~et b6oths: The CiTY, wili:¢~a~lish' a ~pe~ial ac¢ount~for alt monies,reCeived from ticket, salfis~ and special account will be re~cil,ed by the CITY of Boynton Beach. 10. CONCESSIONAIRE~wilI'be responsibl~: for Coltegfing ti¢kets for all, food gems sold ~d WILL O~ 'CF~ ,~ A_N~ 'CASH AS' PAYMEnt' At the c~[ose of the event ca{b_ da CONCESSIONAIRE will count all tinkers, collected and riehl, er them to CITY s~ ~(~ ~e CITY to reconcile, 11. CITY will. pay CONCESSIONAIRE seventy-five p~rcent (75%) of the gross food sa[es. Gross food sales will be determined by the number of food tickets collected by CONCESSiO~ and delivered to CITY staff at the close of the event ~ach day.' A check will b~ ~nl to CONCESSIONAIRE after final close of the two-day event and reconciliation~by th~, CITY: 12. The C][T~ wilt retain twenty-five percent (25%) of the gr0s? food sal~s after r,e¢oncili .atio~ by the ci5~. Gross food ~sales Will be determined by the numl~er Of t'o~o~ tic¢~tg lle6tea by CONCESSIONAIRE and delivered to CITY staff at the cl6se 0fthe egent each da.v. 13. Food p~¢es will be calculated at one-half dollar increments [$.50; $1.00; $1.50: etc.~ in order to comclde with the denominations of tickets being sold. 14. In addition, please list anything else you could, provide, in-kind or cash. to be included in this Agreement: Will lend, free of charge, fifteen (15) white 10'X10' tents for non-food use at the G.A.L.A.; fifteen (15) white picket fences; one (1) 20'X30' pole tent with white picket fences, if desired; food tents will be Red, White and Blue to coordinate the All-American G.A.L.A. theme. 15. CONCESSIONAIRE shall be available to meet with the G.A.L.A. Committee to discuss Site layout or any other pertinent information. 16. It shall be the responsibility of the Concessionatre to maintain workers' compensation insurance, property damage, liability insurance and vehicular liability insurance, during the time any ofhis personnel are working on City of Boynton Beach property. 2 PART I Loss by fire or any other cause shall be the'~espcmsibilitv of the Concessionaire. The Concessionaire shall furnish the City with a certificate of insurance after award has been made prior to the start of any work on City property. Said insured companies must be author/zed to do business in the State of Florida and the City will not accept any company that has a rating less than B+ in accordance to A.M. Best's Key Rating Guide~ latest edition. Attached is the Insurance Advisory Form, Attachment "A". 17. CONCESSIONAIRE shall assume the responsibility for all permits for all food vendors as required by the Palm Beach County Health Departmem. 18. CONCESSIONAIRE shall provide a list of potential vendors no later than January 22, 2002, along with a sample menu for the Committee's review and approval. 19. The CITY of Boynton Beach reserves the right to renew this contract for one (1) year, with vendor approval, for the 2003 Great American Love Affair. 20. CONCESSIONAIRES shall provide to the CITY, as a part of the bid, a list of festivals, fairs, and shows (including prior G,A.L.A. food and beverage experience) for which they have served as CONCESSIONAI~ in the past four [4) years to include the name, address and phone number of the person or persons with whom they have contracted. 21. CONCESSIONAIRE will submit a design plan for approval by G.A.L.A. Committee by January 22, 2002. The plan will include a site layout or plan, sketch of the element and color swatches or chip, s (or photographs}. All food areas must be contained with committee approved fencing or enclosures. 3 PART I IN WITNESS WHEREOF, The parties hereto have caused this agreement to be executed as of the day and year first above-written, in on (1) counterpart of wkich shall for all purposes be deemed the original. ATTEST: CITY CLERIC CITY OF BOYNTON BEACH PALM BEACH COUNTY, FLORIDA By MAYOR (CITY SEAL) ATTEST: CONTRACTOR TITLE AUTHOPd. ZED OFFICER (CORPORATE SEAL~ CONTRACT DOCUMENTS: Approved at to correctness and form: CITY ATTORNEY 4 PART I ATTACHMENT A City of Boynton Beach Risk Management Division INSURANCE ADVISORY FORM Under the terms and conditions of all contracts, leases, and agreements, the City requires appropriate coverages listing the City of Boynton Beach as AddiXionaLInsured, This is done by providing a Cemficate of Insurance listing the C~ty' as ' Cemficate Fiolder". and "The City of~ Boynton Beach /s Additional. Insured as respect to .... liability."· Insurance companies providing insurance coverages must have a current rating by A.M. Best Co. of B+ ox higher. (NOTE: An insurance ~onrract or, binder may, be acccpted~, as proof~ of insurance if Certificate is provided upon. . selection of vendor.) The following is a Ii~t oft~es of insurance requared of contractors, lessees, etc.. and the hrmts required by the City: (NOTE: This list is not all inclusive, and the City reserves the right to require additional types of insurance, or to raise or lower the stated limits, based upon identified risk.) General Liab,flity , Co~cial General Liability · Owners & Coa~racm s Prot. I:~fessional Liabihty Employe~es& Offn:ers Poliution Liability LIMITS REOUIRED General Aggregate $1,000,000.00 Products-Comp/Op Agg- $ LO00;O00.O0 Personals& Adv. Injm'y $1,000.000.00 Each OceU-~ren~ $ I;000.000.00 Fire Damage (any one fire) $ 50,000.00 Med. Expense (any one person) $ 5,O00.00 Automobile~abflity Combined Single Limit $ 500.000,00 !~ k~'~ Bodily I~jm'y ($~ person) to be determined All~w~e~/cl Autos Bodily Mjury (per accident) to be determined SClie~Cl Autos Property D~mage to be determined Hi~efl ~t0s Trailer Interchange $ 50,000,00 Noa40~d Autos PIF Basic ............................. .......... ge O er A to S 100,000.00 ; ~7~*~em Liabilltv Each Accident $1,000,000-00 · ~,~,-~ ~r ---~ Aggregate $1,000,000.00 ............. to be determined Excess Liability Each Occurrence Umbtella Form Aggregate to be determined Worker's Compensation Employer's Liability Each Accident $ 100.000.00 Disease, Policy Limit $ 500,000.00 Disease Each Employee $ 100,000.00 Other - As Risk Idenfitqed tobe determined INSURANCEADVISORYFO RM03 R~vis~i 01/2000 BEVERAGE CONCESSIONAIRE AGREEMENT THIS AGREEMENT made this ,day of .- ., between SAN FRANc}SCo PI~EFS & 'sTIJFF, INC~. (hdreimiffer ~/f6r~ toas "CONCESSIONAIRE) and the CITY OF BOY~ITON BE/iCH (hereinafter refc~rred to a3 "CITY"), hereby stipulated:and agrees to the folloWing: WHEREAS, CONCESSIONAIRE has been awarded the beverage concession'rights for G.A.L,A,~:s~he~ed for~Mareh~23.~& 24~ 2002~-to~be located onOcean Avenue from:3 acrc~ss 7~ral~ghway (U~S · .,~)~:te~6 ~ Stree~mcluding 6 Court, north of Og:~ean A~egg~ Boynton Beaeh.~ ~!10~r!a~ according to tlae/:~loj~mg co~ditmns as submttted in tile CONCESSIONAIRE S CONCESSIONAIRE awarded the contract shall assume beverage rights based on~,~e,following list of specifications. Beverages are defined as soda, bottled w..ater, iced tea, juic~ dri?. s) sp~rts drinks only. Due to sponsor agreements, the G.A.L.A. Commtttee reserves therigh~;tode~gnate the product/brand sold. CONCESSIONAIRE will provide a minimum of three (3) beverage trailer or s~atio~s to be placed at locations which are mutually agreed upon between the CONCESSION~:~nd the CITY. If beverage trailers are not used, each beverage station shall have ~ 10'~X~ 10' white canopy tent-and clean counter service area. 2. CONCESSIONAIRE will serve beverages such as soda, bottled water, iced tea, juice drinks, and sports drinks ONLY 3. CONCESSIONAIRE agrees to store all supplies out of view of event spectaiors. CONCESSIONAIRE is responsible for all beverage set-up and clean-up. CONCESSIONAIRE shall pay the CITY a clean-up deposit in the mount of two hundred dollars ($200.00). The clean-up deposit will be fully refundable if the event site passes inspection by CITY ~taff. A checklist Wilt be provided to the CONCESSIONAIRE to ensure proper clean-up,of.the event site, Clean-up deposit will be paid to the CITY no later than January 22, 2002. CITY staff will be responsible for collecting all monies for beverages in exchange.for a ticket(s) at designated ticket booths. The CITY will establish a special account for all m6nies received from tickei sales, and special account will be reconciled by the CITY of Boynton Beach. CONCESSIONAIRE will be responsible for collecting beverage tickets for all beverage items sold and ~ILL NOT ACCEPT ANY CASH AS PAYMENT. At the close of the event each day, CONCESSIONAIRE will count all beverage tickets collected and deliv~er them to CITY staff for the CITY to reconcile. 1 PART II CITY will pa)' CONCESSIONAIRE seventy-five percent (75%) of the gross beverage sales. Gross beverage sales will be determined by the number of beverage tickets collected by CONCESSIONAIRE and delivered to CITY staff at the close of the event each day. A check will be sent to CONCESSIONAIRE after final close o£the two-day event and reconciliation by the CITY. CITY will retain twenty-five percent (25%) of the gross beverage sales after reconciliation by the CITY. Gross beverage sales will be determined by the number of beverage tickets collected by CONCESSIONAIRE and delivered to CITY staff at the close of the event each day. 9. Beverage prices must be calculated at one-half dollar increments ($.50; $1.00; $1.50; etc. I in order to coincide with the denominations of tickets being sold. 10. In addition, please list anything else you could provide, in-kind or cash, to be included in the Agreement: Will lend, free of charge, f'ffteen (15) white 10'X10' tents for non-food use at the G.A.L.A.; fifteen (15) white picket fences; one (1) 20'X30' pole tent with white picket fences, if desired; food tents will be Red, White and Blue to coordinate the Ali-American G.A.L.A. theme. 11. 12. 13. 14. CONCESSIONAIRE shall be available to meet with the G.A.L.A. Committee to discuss program format or any other pertinent information. CONCESSIONAIRE shall assume the responsibility for all permits as required by the Palm Beach County Health Department. CONCESSIONAIRE will submit a design plan for approval by G.A.L.A. Committee by January 22. 2002. The plan will include a site layout. It shall be the responsibility of the Concessionaire to maintain workers' compensation insurance, property damage, liability insurance and vehicular liability insurance, dttring the time any of his personnel are working on City of Boynton Beach property. Loss by fire or any other cause shall be the responsibiliW of the Concessionaire. The Concessionmre shall furnish the City with a certificate of insurance after award has been made prior to the start of any work on City property. Said insured companies must be authorized to do business in the State of Florida and the City will not accept any company thal has a rating less than B+ in accordance to A.M. Best's Key Rating Guide, latest edition. Attached is the Insurance AdvisorY Form, Attachment "A". 15. The CITY of Boynton Beach reserves the right to renew this contract for one (1) year, with vendor approval, for the 2003 Great American Love Affair. 2 PART II 16. CONCESSIONAIRES shall pro~Sde to the CII'Y, as a part of the bid, a list of festivals, fairs, and shows (including prior G.A.L.A. beverage experience) for which they have served as CONCESSIONAIRE in the past four (4) years to include the name, address and phone number of the person or persons with whom they have contracted. 3 P?,RT II IN WITNESS WHEREOF, The parties hereto have caused this agreement to be executed as of the day and year first above-written, in on (1) counterpart of which shall for all purposes be deemed the original. ATTEST: CITY CLERK CITY OF BOYNTON BEACH PALM BEACH COUNTY, FLORIDA By MAYOR (CITY SEAL) ATTEST: CONTRACTOR AUTHORIZED OFFICER TITLE (CORPORATE SEAL) CONTRAC? DOCUIVlENTS: Approved as to correctness and form: CITY ATTORNEY 4 PART II ATTACH~MENT A Automobile Liability Any Auto A~ll Owned Autos Scheduled Autos I--Iired Autos Non-Owned Autos PI~ B~c Intermodal City of Boynton Beach Risk Management Division INSURANCE ADVISORY FORM Under the terms and conditions of all contracts, leases, and agreements, the City requrres appropriate coverages listing the City of Boynton Beach as Additional Insured. This is done byproviding a Cectificate of Insu[a'ace listing the City as "Certificate Holder" and 'The City of Boym°n Beach is Additional Insured as respect ?, liability." Insurance compames providing insurance coverages must have a current rating by A.M. Best Co. of B or higher. (NOTE: An insurance contract or binder may be accepted as proof of insurance ~ Cektificate is p~'o¥ided upon selection ofve~os.)~ :~e.~c~llow~g ..is ~ list.0£type~s of ~ns~r~nce req. uired of contractors, [essees, etc., and the lirmts required by, ~ City:: (HOTEl. ,This lis~iis got alHngluSjve, and the City reserves the right to require additiofial t~Pes:of~in~h~:/n~6, Or t~ rdise:bi; i~ ~h~ Stai~d iimits, based upon identified risk.) TYPE ................................... ~? ............................. General Aggregate ~$: l~000i000.00 General Liability Commercial General Liability Products-Comp/Op Agg. $ I 000,000.00 Owners & contractors Prot. personal & Adv. Injury $1,000i000.00 Liquor Liability Each Occurrence $,J¢000}000.00 Professional Liability Fire Damage (any one fire) $" :50~000.00 E~mployees & Officers Med. Expens~ (any one person) $ 5~'000.00 Pollution Liability Asbestos Abatement LeadPaim Abatement Broad Form Vendors ~mis~s. ~eratlons ~i~dlExplo~ion & Collapse Produ~t~ Ctmpleted Operations ContracmaI hidependent Contractors Br0a~ Foma Property Damage Fire Lega~ Liability Bmldefs Risk (Limits based on Project Cost) Combined Single Limit $ 500,000,00 Bodily Injm'y (per person) to be determined Bodily Injury (per accident) to be determined Property Damage to be determined Trailer Interchange $ 50,000.00 Garage Liability Auto Only, Each Accident $1.000.000.00 Any Auto Other Than Auto Only $ 100.000.00 Garage Keepers Liability Each Accident $1,000,000.00 Aggregate $1,000,000.00 Excess Liability Each Occurrence to be determined Umbrella Form Aggregate m he determined Worker's Compensation Statutory Limits Employer's Liability Each Accident $ 100,000.00 Disease, Policy Limit $ 500,000.00 Disease Each Employee $ 100,000.00 Other - As Risk Identified to be determined [NSURANCEADVISO RYFORM03 Revised 01/2000 BEER & WINE' CONCESSIONAIRE AGREEMENT THIS AGREEMENT made this day of , between THE GREATER BOYNTON BEACH CHAMBER OF COMMERCE (hereinafter referred to as "CONCESSIONAIRE) and the CITY OF BOYNTON BEACH (hereinafter referred to as "CITY"), hereby stipulated and agrees to the following: WHEREAS, CONCESSIONAIRE has been awarded the beverage co~cessio;~ righis for G.A.L.A. scheduled for March 23& 24, 2002, to be located on Ocean Avenue from 3~ Street, east across Federal Highway(U.S. 1 ) to 6~ Street. including 6~ Court, north of Ocean Avenue, Boymon Beach, Florida, according to the following conditions as submitted in the CONCESSIONAIRE'S bid document: CONCESSIONAIRE awarded the contract shall assume beer & wine rights based on the following list of specifications. Beer & wine are defined as BEER and WINE ONLY. Due to sponsor agreements, the G.A.LA. Committee reserves the right to designate the prodUct/brand sold. CONCESSIONAIRE will provide a m/n/mum of two (2) or a maximum of three (3) beer & wine trailers or stations to be called the "Beer and Wine Gardens*', and will be placed at locations which are mutually agreed upon between the CONCESSIONAIRE and the CITY. If trailers are not used, each beer & wine station shall have a 10' x 10' white canopy tent and clean counter service area. 2. The ONLY alcoholic beverages the CONCESSIONAIRE will serve are beer & wine. 3. CONCESSIONAIRE agrees to store all supplies out of view of event spectators. CONCESSIONAIRE is responsible for all beer & wine set-up and clean-up. CONCESSIONAIRE shall pay the CITY a clean-up deposit in the amount of two hundred dollars ($200.00). The clean-up deposit will be fully refundable if the event site passes inspection by G.A.L.A. staff. A checklist will be provided to the CONCESSIONAIRE to ensure proper clean-up of the event site. Clean-up deposit will be paid to the CITY no later than January 22, 2002. CITY staff and volunteers will be responsible for collecting all monies for beer & wine in exchange for a ticket(s) at designated ticket booths. The CITY will establish a special account for all monies received-from ticket sales, and special account will be reconciled by the CITY of Boynton Beach. CONCESSIONAIRE will be responsible for collecting beer & wine tickets for all beer & wine items sold and WILL NOT ACCEPT ANY CASH AS PAYMENT. At the close of the event each day, CONCESSIONAIRE will count all beer & wine tickets collected and deliver them to CITY staff for the CITY to reconcile. 1 PART III CITY will pay CONCESSIONAIRE seventy-five percent (75%) of the gross beer & wine sales. Gross beer & wine sales will be determined by the number of beer & wine tickets collected by CONCESSIONAIREand.delivered to. CITY staff.a[ file close :o£Ihe event each day. A check will be sen[ to CONCES SiON ~AI~E after fi~al~ ¢lose.0f We two_-day evem and ~rec~il~t/.on by CITY will retain twenty-five percent (25%) of.the Moss beer & wine sales after reconciliation by the CITY. Gross beer & wine sales will be d~t~ned by We nlhm~r bfb:eer ~ Win~tiCkets c~tlected:~0y CONCESSIONAIRE and delivered to G.A.L.A. staffat the ~lose o£~,the event each day .. 9. Beer:&wine prices must be calculated at one-halfdollar increments ($:50; $1 00;~$1:50; etc.) in,order to ¢oin¢idewith the denominations of tickets being sold. 10. In addition, please list anything else you could provide, in-kind or cash, to be considered in this bid evaluation. SEE APPENDIX 'A' 11. CONCESSIONAIRE shall be available to meet with the G.A.L.A. Committee to discuss program format or any other pertinent information. 12. CONCESSIONAIRE shall assume the responsibili~ for all permits as required by the Palm Beach County Health Deparunent. 13. CONCESSIONAIRE will submit a design plan for approval by G.A.L.A. Committee by January 22, 2002. Th_e plan will include a site layout. 14. It shall be the responsibility of the Concessionaire to maintain workers' compensation insurance, property damage, liability insurance and vehicular liability insurance, during the t/me any of his personnel are working on City of Boyuron Beach property. Loss by fire or any other cause shall be the responsibility of the Concessionaire. The.Concessionaire shall furnish the City with a certificate of insurance after award has been made prior to the start of any Work on City property. Said insured companies must be authorized to do business in the State of FIorida and the City will not accept any company that has a rating less than B+ in accordance to A.M. Best's Key Rating Guide, latest edition. Attached is the Insurance Advisory Form; Attachment "A". 2 PART III I5. The CITY of Boynton Beach reserves the fight to renew this contract for one (1) year, with vendor approval, for the 2003 Great American Love Affair. 16. CONCESSIONAIRES shall provide to the CITY, as a part of the bid, a list of festivals, fairs, and shows (including prior G.A.L.A. beverage experience) for which they have served as CONCESSIONAIRE in the past four (4) years to include the name, address and phone number of the person or persons with whom they have contracted. 3 PART III IN WITNESS WHEREOF, The parties hereto have caused this agreement to be executed as of the day and year first above-written, in on (1) counterpart of which shall for all purposes be deemed the original ATTEST: CITY CLERK CITY OF BOY~TONBEACH PALM BEACH COUNTY, FLORIDA By MAYOR (CITY SEAL) ATTEST: CONTRACTOR AUTHORIZED OFFICER TITLE (CORPORATE SEAL) CONTRACT DOCUMENTS: Approved as To correcmess and form: CITY ATTORNEY 4 PART III APPENDIX 'A' Page 1 Chambe of Comme ¢e Bid Proposal -For 2002 Great American Love Affair (GALA) :.Beer & XVineConcession Part II! - Bid: #025~2710~02/KR Attention: Ms. Karen Riseley, Buyer City of Boynton Beach, procur6ment Services ifications: .Beer & Wine, wewish to discuss the locations and feasibility of having 'two' Beer & Wine Gardensat the event. Thel tto beer and wine only. Frozen drinks have been We'd like to discuss this also. as outlined, we will provide the following ~ concession: popular .in the · In ~ddition to items to compliment the event'and The decorated, with covered ; professional designed banners and/or sponsor flags~ trained and'experienced chamber member volunteers to staff the~ concession duringloperating Hours; a Chamber Board member present during operating hours to insure professional standards. In addition to: advertising the event through multi-media press releases issued by Chamber staffto a five county area; advertised in a first quarter issue of the South Floridi~ Business Journal and showcased in the Chamber's monthly. Hodzons newsletter (January through March) distributed to 20,000 businesses and homes each month bythe Palm Beach Post. Continued... 639 Last Ocean Avenue. Suite 108. Boynton Beach. I,L 33435 phone 561. 732.,)501 Fax 56 I. 734.4304 website www. boyntonbeach.org, email chamber@boyntonbeach.org APPENDIX 'A' Page 2 Page 2 G.A.L.A. Beer & Wine Garden RFB Greater Bo.vnton Beach Cl~amber of Commerce · Prior 'Beverage Concessionaire' experience has been: Over seven years of G.A.L.A. Beer Garden vendor experience; Monthly Oceanfront Park Concert Beer & Wine Garden vendor at city concerts on the beach; " ' ~ '- · Beer & Wine Gardens; Annual, Holida~ The Greater Boynton Beach Chamber of Commerce cp~rri~, asa matter of~c0urse, the~ required and necessary business liability insurance tO ~0vei- S~eciai events 4here alcohol is being served and/or name the city and the s "s Risk Management Office. On behalf of the Board of Directors, I thank you t Wine Concession for the 2002 a significant fundraiser for the We sincerely hope to continuel Boynton Beach as th, the Beer & as ~ of If you have please call me at 732-9501. I Submitted by: Diana H. John~n, President Date: December 27, 2001 ATTACH2vlENT A City of Boynwn Beach Risk Management Division INSURANCE ADVISORY FORM Under the ~enns and conditions of all con,acts, teases, and agreements, the City reqmres appropriate coverages listing the City of Boynton Beach as Additional Insured. This' is done by providing a Certificate of Insurance listing the City as "Certificate Holder" and "The City of Boymon Beach is Additional Insured as respect to coverages,, +" noted." Insurance companies providing insurance coverages must have a current rating by A.M. Best Co. of B or higher, t?VOTE: An insurance contract or binder may be accepted as proof of insurance if Certificate is provided upon selection of vendor.) The following is a list of types of insurance required of conU-actors, lessees, etc.. and the 1/mits required by the City: (NOTE: This ~st is not all Inclusive, and the City reserves the right to reqmre additional types oY insurance, or m raise or lower the stated limits, based upon identified risk.) ........................................................................... MINII~tJM LIMITS REOUIRED TYPE (Occurrence Based Only) ............................................................................................. ......................................... General Aggregate $1.000.000,00 General Liability commercial General Liability Products-ComplOp Agg. $1.000,000.00 Owners & Conmactor's Protective (OCP) Personal & Adv,injury $1,000,000.00 Each Occurrence $1,000,000.00 Liquor Liability Professloaal Liability Fire Damage (any one fire) $ 50,000.00 Employees & Officers Med. Expense (any one person) $ 5,000.00 Pollution Liability Asbe,stos Abaremem Lead Abatement BmadFOrm Vendors prermses 3perations Un/i~r~.) ~d Explosion & Collapse Produ~~20mpleted Operations Ind~p* ~ Comractors Combined Single Limit $ 5 . - Automobile Liability Bodily Injury (per person) to be determined Any AJ4to Bodily Injury (per accident) to be determined All Owned Autos to be determined Scheduled Autos Proper~ Damage Hixed ~mros Trailer Interchange $ 50,000.00 Non-Owned Autos PIP Basic Interrqodal ............................................................................... ........................................... Auto Only, Each Accident $1,000,000.00 Garage Liability Other Than Auto Only $ 100,000.00 Any Auto Each Accident $1,000,000.00 Garage Keepers Liability Aggregate $1,000,000.00 .................................................................... ~;;'l;'Occurtenee to be determined Excess Liability to be determined Umbrella Form Aggregate Statutory Limits Worker's Compensation EachAeeident $ 100,000.00 Employer's Liability Disease, Policy Limit $ 500,000.00 Disease Each Employee $ 100,000.00 Property $ 300,000.00 Homeowuers Revocable Permit Limim based on Project Cost BuildeCs Risk ............................................................... tc be derermined Other - As Risk Identified ............................................ Revised [0/2001 iNSURANCEADVISO RYFO RM04 Requested Cig Coram~ssion MeeUn~ Dates [] November 20. 2001 [] December 4. 2001 -- December 18, 2001 January 2. 2002 VII.-CONSENT AGENDA ITEM B.3 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to CirvClerk's Office November 7. 2001 (5:00 p.m.~ November 2[. 2001 5:00 p.ra. December 5, 2001 ~5:00 p.m.) December 19. 2001 5:00 p.rr~) Requested City Comm/ssion Meetung Dates ~ January 15. 2002 [] February 5. 2002 [] February 19, 2002 [] March 5, 2002 Date Final Form Must be Turned in to City Clerk's Office January 3, 2002 (5:00 p.m.~ JanuaD I6, 2002 (5:00 p.m.) February 6, 2002 (5:00 p.m.) February 20, 2002 (5:00 p.m.) NATUI~E OF AGENDA ITEM [] Administrative [] Developmem Plans [] Consent Agenda [] New Business [] Public Hearing [- Legal [] Bids --I Unfinished Business [] Announcement --] Presentation [] City Manager's Repor~ RECOMMENDATION: Motion to approve the expenditure of $42.977 for five (5) Touch Screen Kiosk/Desktop Application from Geographical Technologies Group through SNA?S Agreement #2522306-1. Funding was approved in the G.I.S. budget as follows: 001-1511-51349-17 (Other Contractual Services~ $ 4,900 001-1511-513-64-15 (Computer Eqnipment~ $28,500 001-1511-513-64-14 (Computer Software~ $10,500 EXPLANATION: This application will give touch screen access m G.I.S. and mapping sgrvices for the public in locanons throughout the city. The problem with public access of G.I.S. over the past decade is that it was not easy enoug~a for the public to use. Many public access attempts required the user to use a mouse and keyboard and have an understanding of how to use a Windows-based application. These expectations el/minate 70% of potential users. The lntemet has become one medium of disseminating data to the public. However, there is still a need to have public access to data physically at an ol~gani~ation's buildings. Many people come m a city facility with specific questions about an area and services provided. A well-writtan public access application will allow a user to fmd the answers for themselves. To be effective, a public access application must be extremely :asy m use. For many people this means no mouse and no keyboard. Touch screen monitors do not reqmre a mouse or a keyboard. This easy-to-use interface will be what is deployed in Boynton Beach. The kiosk units will consist of 1 high security kiosk at City Hall in the Mall, I medium security kiosk in the Police Department, and 3 desktop touchscrean systems in the City Clerk's Office. Library and in the Deparunent of Development. All units will include GTG MapT6uch software, computer hardware, 17" touchscrean monitors, setup and consulting services PROGRAM IMPACT: The City Commission, through the FY 2000-01 budget process, approved the GIS Implementation Plan. Year Two of the Implementation Plan includes Touch Screen Kiosks/Desktop Applications for City Clerk, Development. Library, City Hall in the Mall and the Police Deparunem. This will enable access by residents m City of Boynton Beach geographical layers via the Intemet. Yhe residents will have access to city information at their convenience on a 7-day 24 hour basis. Of the 5,000 residents that responded to the survey recently placed in resident water bills, 38% - 44% of the people that live in the City of Boymon Beach would use a municipal kiosk to access city services information. FISCAL IMPACT: The cost for this iintiative is $44,977 funded in the G.I.S. FY 2001-02 budget. S :XB ULLETIN~ORMS~.GENDA ITEM REQUEST FORM.DOC YOUR PUBUC JUST AT¢ FROM INFORMATION This orom nero sty sn s~anDaLone KOS¢ 5uEaDLe for ',ODD es and rececE on areas L DFaF es offices an(] o~ner OU[}L C environmen[5 E]U~DDeO wdr a 17 toucnscreer monitor an(: Pen[ um comou[er [ne K~OSK SUDDOF[S ~ne DOSSIDLe range of o[}[[onaL corr [}onen[s ncLua[ng Erin[ers. card -eaaeFe 5canner3 and netE [}hones. The eqctosure s cons[ruc~ed ~v~n a :uraDLe am na~e [}ase an(] Corian surface -,ourcnoce of COlOrS. A DaCKLIt s~gnage cuspLay area -: cus[]mlzeo wi{~ ~our message or LOgO EQ-110 1-Station Kiosk KioSk Features 1?-inch COLOr CRT toucnscreer Kiosk mom[or in~eL Pent'urn or nei ~vork enab[ed compute- remo[e aamlnistFatlon caoaDILl[y auaL amoLifiea speaKer s~ stem COOLing fan Dower DaCKUD sys[em mgn durabiLit, Dorian surface with Laminate DaSD backLit slgnage display area conver ent access [o InteFFlaL COlT DonerltS securea wire Keyea rOCK s~andard ADA wheeLcnmr access[b~Lit', fitted with LeveLing Feet; can De DOL~ea [0 fLoor or suppuea w~th casters secure dser-friendL~ browser sof[ware GTG. [nc. - Enterprise Applications Tkis applica~r~on is flexible so .that it can be used at m~ltip!~ .fgOes s/res to provide public access with ~pl~ dam setk. One ofdke failings at rfikn~-a~t~np~s ~to. util/ze new GIS programming ~gt~,.ages;.such as MapOt~jects, is that programmers Write code very specific to the needs of a'si~/gle ~ser, tor group of us.egs. These applications have ~rery lJtde flexibilky for customization. MapTo~chTM is wri~en to allow for qmck changes and custormzanon. The data punic access application targets the followi2g goals: · Configurable for at least 12 preset cNories · Extremely user friendly ~-no keyboard, no mouse · Designed with the latest GtS technology ESRI MaBObjec~s~ in conmnction with Visual BasicTM · A_drmmstratmn package ~r complete control of layers, , Network-ready for automatic ur~date~ of configaration__ and s~tiab~_ files · Easy to custormze data ~et54p and query configurauon · Supports imagery and orthophotography · Easy and quick setup · For keyboard entry, the touch screen application replicates a keyboard on the screen. · Web-based hype:r-linking based on feature attributes The kiosk application is very.streamlined, offering only the essential GIS funcdonahry such as pan, zoom in, zoom out, idendfy turning layers on and off and printing. The application © Geographic Technologies Group, Inc. 2 GTG. Inc. - Ente ~prise Applications Si~le legend ~ncekface Keyboard interface for search Change layer visibility Administrative Tools for MapTouchTM The MapTouchTM application comes configured with a sopkisticated administration package to configure the final user interface, The following functions are addressed in the administrative setup program: Layer symbology and visibility Scale prinung definitions Search definit2ons Print layout design F~eld abases Interface colors and images © Geographic Technologies Group, Inc. 4 GTG Inc. - Enterprise Applications Administrative Tools for MapTouchTM © Geographic Technologies Group, Inc. GTG. Jnc. - Enterprise Applications supports a wide variety of data formats a2d aerial photography. Layer visibility' is controlled through a simple interface, and access to all data is endrely controlled'by the agency. tD'osk Applicatio~ With OMy Key GIS Ft~nctions Application Interface - High Point, NC © Geographic Technologies Group, Inc. 3 GTG. _Inc. - Enterprise Applications Enterprise Applicadoas - Map Touch of enterpns¢ appl/cations for the timely access ro and These enterprise applications act much have access and the interfaces are inruiuve enough ro training sessions. These applications can serve both do~$ A well- allow The the mouse and of how The Internet has become one medium o£ disseminating data to the public. However. there is still a need to have public access to data physically at an organization's buildings. To be effective, a public 'access application must be extremely easy ro use. For many people rhJs means no mouse and no keyboard. Touch screen monitors make wrinng an application that does not reqmre a mouse and kevboard a reality. The MapTouchTM touchscreen kiosk application t~as been written utilizing ESRI MapObiectsTM software. Customizable buttons and slider bars can be large so that they are easily selected by touching the screen, and pre- defined queries can bedesigned to be very user friendly. © Geographic Technologies Gmup~ Inc. CITY OF BOYNTON BEACH AGENDA ITEM ~QUEST FORM ALTERNATIVES:. , ., five i5) kiosks or reduce the number of kiosks that w°uld be The alternative to this request would be to not purchase me n available for residentS' use &~/{.t~t~ ~ City.Manager s Signature Depamnemilme City Attorney / Finance Human Resources S:~BULLETINZFOKMSXAGENDA P/EM REQUEST FORM.DOC City goes info friendly Kiosks will be placed at Boynton halls, library BY KlM M£C0¥ to access quick answers to tlmir ques- tions about the city; all they will have to do is punch burtons and follow reetions. For example, residents can type ~d- drssses for homes they're considering buying and learn whether they're in a flood zone. Or, they could figure out when the construction of a road BOyNTO~S~AC:~* Thecityispre- would be complete. . paHngto.put a variety ofinforma}'ion ResidentA.ngela Glrtman, who u,s, - kt residents' fingertips. Iffformatinnal es yhe Interuet alm0s~every,day, sald kiogks, cosffng about $36,000, will be ~he wgutd beiuterested in using these p aeedatCityH~llintheMall, City kio, s, ks. Ha . and thecity s libraryand police It would give you easy access to station, impgrranf information,' she said. Thekieaks paidforbythecity, ere 'So/netimesyoudon~tknowwhot~o expected to be planed at the kites in esk to get the inlormat~on you want. th~ sprthg. Theywillallowresidents: Surveys completed by residents during the summer showed ~hey Thesurvevresultsshowedthat3$ would:be interested in having access percent of 34- to 45-year-olds would in this kind of fechnokigy, do all of the above: and 33 percent of · "The ideas were alrea_d,y there," 46- to 5§-year-olds, and 15 pemeut of said PeterWallage, the city s director both 26- to 3f-year-olds and $$ years ,Ofthformation technologyservices, and older· Only 3 percent of 18- to [The surveys]allowed us to push for- 2§.year-olds said they would access ward.' the information, but they're less likely More than 19.000 surveys were to be the head of a household and placed in residents' water bills and paying bills. momthanfi,000~esidents responded- The city expec:s ro.introdu, co a The surveys ~.aked what kindof teah- more p~ rofessionaMooklng, eas~er to nology residents me~ They afso asked navigu, te ~veb site by lste this mont ,h.. if rsSldents Would do zheiollowing on Most 0f thecontenrabout the city s the Internnt:. view or print cOmmis- departments wil~. be in p ace byrhen. sion meeting agendas; find city park but the interacnve aspects, such as and recreation opportunities and beingable to download job applica- iobsLresea~h codes and laws; apply ~orpermits andllconsesand pay bills. · IgFO CONII~U~ ON l Information-friendly kiosks debut in spring [] INFO tions, will come later. Resi- dents can already do a variety of tasks, inciudil~g download- ingcommisskm meeting agen- das and viewing ordinances. The site is at xwme.ci.boynt on- ,each.fi.es. Boca Raton and Delray Beach are beefing up t heir Web sites as well. Residents atmedy can download City Council meeting agendas and employ- merit applicatio ns. and seamh a job database on Boca Raton's sit e at www~ci.boca-rat on.fi.us. Now the city iswaiting on a vendor to finish developing software that will allow resi- dents to complete and submit those applications on the site, said Walt Scrivens, the city's in formationtechnology direc- tor. Delray Beach s Web site, a www,delraybeach.com is un- dereonstmction. Like Boynwn Beach. ~r will make its site more attractive and easier to navi- gate. The Improvements are expected to be launched in Jan- usry, s,a. id Richard Zuccaro, the city s manager of manage- ment informabon systems. The site will include interactive as- pects such as paying bills and ~pplying for I tenses and per- mits. ~We knew it should be there," Zuecaro said. "We see this with other cities, other agencies and vendors. We want to be able to provide bet- ter service for our custom ers and citizens." Neither city is interested in kiosks like Boynton Beach. Boca Raton and Delray Beach officials said they checked ~uto it a few years agp but didn't see a need for them. Zuesero said De ray Beach res- idents can get the information kiosks would provide by log- ging onto the Iuternet from their PC at home. Sctivens said Boca Raton residents didn't show a demand for them, but the city could look into it again. Klm McCoy can be reached at [~tnccoy~csun-sentineLcom or Requested City Commtssmn Meefin~ Dates VII.-CONSENT AGENDA ITEM B.4 CITY OF BOYNTON BEACE AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office Requested City Commission Meetin~ Da~es Date Final Form Must be Turned in to Citg Clerk's Office [] November20. 2001 [] December 4. 2001 December 18. 2001 Novemb~ 7~2b0t (5:00p.m Novembez 21.200I (5:00p.m. December 5. 2001 (5:00 p.m.i ] January t5.2002 [] February52002 [] Februar! 19,2002 January 3, 2002 (5:00 p.m. January 16, 2002 (5:00 p.m. February 6, 2002 (5:00 p.m.) '~ January2,2002 December 19, 2001 (5:00 p.m.~ [] March 5. 2002 February 20, 2002 (5100 p.m.) NATURE OF AGENDA ITEM [~] .Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearmg [--( Legal [] Bids [] Unfafished Business [] ~maouncement [] Presentation [] City Manager's Report RlgCOM~ENDATION: Motion tO }approve the expenditare of $50,000 for Data Layer Creation from Geographical Technologies Group through SNAPS.:Agreemant # 2522306-I. Funding is available in the G.I.S. budget in account # 001- 1511-513-49-17 (Other Contractual Se~wices~. EXPLANATION: Data Layer Creation is a required component of the G.I.S. Implementatio~ Plan. tn order tc continue the year one effort of creating data layar~ for use by city staff and residents, this service is necessary. Additional data layers are being created for all departments, an~d will build on die base map foundation for the GIS. Corrections to existing data layers will also be included in di/s effort. This wSll ensure the GIS layers and associated databases are kept cra-rent. PROGRAM IMPACT: The City Commission, through the FY 2000-01 budget process, approved the GIS Implementanon Plan. Year Two of the Implementation Plan has Data Layer Creation for all deparmaents. These layers of information will be available to city staff and to city residents via the City of Boynton Beach I~tranet/Intemet. This information will also be available to city residents via kiosks located at the City Clerk's Office, Poi/ce Dept., Development Dept., Library and City Hall in the Mall. Attached is a listing of proposed layers, along with die status and priority of each. The data collected in a survey recently sent with res/dent water bills confm~ed the .original hypothesis that the residents of Boynton Beach want improved access to public kfformatkm and service delivery through the application and expansion of emerging technologies. FISCAL IMPACT: The cost for this initiative is $50,000 funded in the G.I.S. FY 2001-02 budget. ALTERNATIVES: The altmmative to this project would be to reduce the number of layers created by Geographical Technologies Group thus providing less inforr~tion fo.r~c?y staff's and residents' use. If city staff were to p~ovide this service some layers would not be able to be corr~dd astride'is outside the scope of staff's expertise. , / ~ Peter W~a(e~Director of I.T.S~ I?'1 ~1~- Manager s Signature Deparmaant Name City Attorney Finance / Human Resom:ces S:~BULLETIN~FORMSXAGENDA ITEM RI~QUEST FORM.DOC BOYNTON BEACH FY 2001-2002 DATA DEVELOPMENT TASK ~ear Two Data Conversionand Creation part of zhe Year 1 GIS [mpimntatiO~' G?G ~reatea, acquired, convened, and documented data for over 50 data layers for the City of Boyn~on Beach. All required or recommended layers for Years 1-3 were identified in the Implementation Plan. Year 1 data layers Were pri0fitlzed b5~ the followix3g criteria: a) existing within the CRy or fromm outside source, b) required as a Cit~wide base map layer (for use by ali departments), c) necessary for a high ~riority work flow, c~ reqoir~d as part of another ye,3r 1 GISikfitiadve, or e) was in ,the interest of public safety or service. Under the continuation o£ the data development/a~k identified for -/ear 2, addid0nal layers w~l be priorkized, created, acqmred, convert~d, and documented. data must ~e Additional · . GIS to facillmte spec~ic work[Iow GTG will adhere To a strict quality con~tro! ~and qua~,'ty ~s~e regi~.ea thafic ~ insure that B0ynton B~ach data is consistent, valid, and m the properforma~ f6~ ~ mC m*~IS ~ no~G~$,compames i~!7¢on experience they may have m related disciplines such as ~C_A~.:. Hovkev, r.,:~.regSil¢ m.~dy~8 data~use tn a GIS An mumate knowledge of how the data will be ~ aa aGLS-envtronment ~s ctmc~ ~, ~ ' G EOG RA~ HIC 'I ECHN( )I..OGI tis G ROL ?, tN C. Requested Cizy Corcxmssmn Me .e$/ng Dates [] November 20. 200I [] December 4, 2001 VIL-CONSENT AGENDA ITEM B,5 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM (5:00 ; Requested Cty Corcamssi0n Date Final Forr~_. M_u, st be~_Tumed ·: ~. M~efin~ Date~s _in to CiW Cl~k s Ome_e ¢'.:~ Janua[y 15 ~002 January 3 2002 (5:00 p.m.) [] February 5, 2002 January 1-6, 2002 (5:00 p.m.) }[~ i:~ebr~ary 19; 2002 February 6, 2002 (5:00 p.m.) · .[] March 5, 2002 February 20, 2002 (5:00 p.m.) [] Developm~pt Plan~s [] Unfm/s~-eagli~iness [] Presenmtian of the (SNAPS 001 001- Plan· data browser Will have to I Year Two of the Iqlis i via the Of the live in the the application and g. FYi2001-02 budget. ALTERNATIVES: ...... software and ,,rogra~nm,ng and thereby nox make the irdormafion The alternative to this project ow/ould be to not purclmse available elect~al3/y~ 100 ¼ 0f the city s~taff and gpynton Beach residents} PetepWaltac¢, Dife~kor of L~r.S. // / I.T.S. City Attorney, ]Finance Human Resources Department Name SSBULLETINXFORMSXAGENDA ITEM REQUEST FORM.DOC The GIS for the Internet Dynamic Collab°rat~°" c~.G~S-Data :for resources by ¢.busmcss organization, Easy-to. Use Framework To quickly publish your s~te, ArclMS sh/ps with an easy-to-use manager for installing and optimizing Performance and also comes with a free Java-based GIS viewer that information to a Who tions ]oca~on · E-commerce Webmanagen geographic data and ~ervices ~ cdr more than 30 years ESR1 has ueen ne drag people manage and analyze geograohic information. ESRI offers a framework for implementing GIS in any organization with a seamless link from aersonat GIS on the deSKtOP [o enterpnsew~ae G~S: ientJserver and data management systems ESRI® GIS solutions are 1 exib~e and can ee customized rd meet me needs of our users. ESRI s a full-service GIS comeany: ready to nela you begin, grow, and ouild success with GIS. Corporate ESRI 386 New York Streez Redlanos, California 92373-8100, USA feleonone: 909-793-2853 Fax: 909-793-5953 Regional Offices -:SRI-Minneapo~s 651-454-0600 ESRI~D'./mo~a ESRI-Ph~tadelema 360-754-4727 ESRI-St Louis 610J337-8380 636-949-6620 ESRI-Boston Fo' more nformauon call ESRI or your Ioca~ 'ese let at 1-800~47'9778 '-800-GIS-XPRT) Send e-ma~ mo_ '~es t0 info@esri.com Visit ESRI's Web page at 703-506-9515 ~SRl~:;aifornia ESRt~nano~e 909-793-2853 704-541-9810 e~ 1-1906 ESRI-San Antomo 210-499-1044 ESRI-Denver 303-449-7779 Outs oe [ne un~te® States, contact your ~ocaI ESR[ distributor. :or me number of your o;stnl3utor, ca~ ESRI at 909-793-2853, ex~ 1-1235, International Offices Austrat~a Hong Kong Nethenanos S t~eden 61-89-242-1005 852-2730-6883 31-1 6-217-0700 46-23-84090 Poland Thailand Belgium ~.uxemeourg Hungary 32-2-460-7480 361-426-8040 ~8-22-825-9836 66-2-678-0707 Canada india Romaine United Kingdom 416-441-6035 91-11-620-3802 40-1-231-13-81 44-1296-745-500 France ~a~y SingaporetMalaysia/Indo~es~a venezuela 33-1-46-23-6060 3906-406-96-1 65-742-8622 58-2-285-1134 Germany and Sw~tzenand Korea Seain 49-8166-677-0 82-2-571-3161 34-91-559-4375 ,~-1-360-2460 849OO CPG25M 12/00km No. GS 35F-5086H Requested City Conurdssion [] Novembc~ 2(,, 200I [] December 4~ 2001 [] December 18. 2001 [] January 2. 2002 VII.-CONSENT AGENDA ITEM C,l CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form'Must be Turned in to City Cl~rk's Office November 7, 2001 (5:00 p.m.) November 21. 2001 (5:00 p.m.) December 5, 2001 (5:00 p.m.) December 19, 2001 .5:00 p.m. Requested City Comra/ssion Meetine Dates January 15, 2002 [] February 5, 2002 [] February 19, 2002 [] March 5, 2002 Date Final Form Must be Turned in to CiW Clerk's Office January 3, 2002 (5:00 p.m.) Januar5 16, 2002 (5:00p.m.) Febromy 6, 2002 (5:00 p.m.) February 20, 2002 (5:00 p.m NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Approve Addendum to Appointment Agreement for Wally Majors, Director, Recreation Department, and authorize the City Manager to execute same. EXPLANATION: Assistant City Manager Wilfred Hawkins has completed the annual performance review/appraisal of Wally Majors and has determined that the proposed changes to Wally Majors's Appointment Agreement are appropriate and in line with other Directors of City Deparuments PROGRAM IMPACT: N/A FISCAL INIPACT: N/A ALTERNATIVES: N/A 'd J Del~iltfment Head s S~nhture ' Deparunent Name City Manager's Signature City Atto~t[y/'Finance / Human es S:~BULLETIN~ORMS~A. GENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R02- A RESOLUTION OF THE C~1¥ COMMISSION OF THE C~TY OF 3OYNTON BEACH. FLOPQDA, AUTHOP~ZING THE ~ MANAGER TO -ZXECUTE AN ADDENDUM TO THE APPOINTMENT CONTRACT BETWEEN THE CITY OF BOYNTON BEACH AND ALBERT E. (WALLY) MAJORS; 'PROVID~NG AN EFFECTIVE DATE, WHEREAS, the City Manager has recommended that the City enter into an Addendum to the ~,ppointment Contract for Albert E, (Wally) Majors, Director of Recreation, pursuant to the terms and :onditions set forth in. the Addendum attached hereto as Exhibit "A". NOW, THEREFORE~ BE ~1' RESOLVED BY THE CZTY COMI~I'~ZON OF THE CI'T~ OF ~OYNTON BEACH, FLORZDA~ THAT: Section 1. The City Commission of the City of Boynton Beach, Florida authorizes the City Manager tc enter into an addendum to the appointment co~tract with Albert E. (Wally) Majors, for ~he position of Director of Recreation. Section 3. This Resolution shall become effective immediately upon passage. PA~SED AND ADOPTED this __ day of lanuary, 2002, ~ ~¥ OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner City Clerk ;orporate Seal) ca\Reso\employrnent matters\ Ma]ors EXHIBIT FIRST ADDENDUM TO APPOINTMENT CONTRACT This Addendum dated the day of February, 2002, amends the original Appointment Contract between the City of Boynton Beach and Wally Majors, Recreation Director. Unless expressly modified by this Addendum, the original terms of the Appointment Contract shall remain in full force. This Contract Appointment is amended as follows: BASE SALARY. The City shall pay to Wally Majors an annual salary of Fifty-Seven Thousand Two Hundred Dollars ($57,200.00), which computes to a 4% annual salary adjustment, retroactive to employment contract date of November 13, 2001, and payable in equal installments at the same intervals as the City's management personnel are paid. INCENTIVE PACKAGE. Wally Majors shall receive the Management Incentive Package, which consists of enhanced life insurance and compensatory leave, which became effective in 2001 for Supervisory Management Employees. APPLICATION OF PPM, 17.1 Except as listed below, in those instances when both the Appointment Contract and this Addendum are silent, regarding a employment term or condition which is applicable to general City employees as set forth in the City of Boynton Beach Personnel Policy Manual (PPMP), as amended fi.om time ro time, then in that cimumsrance the term or condition provided to general City employees in the PPM shall apply to Wally Majors. The following Chapters of the PPM have no application and any term or condition set forth therein are not incorporated as a term or condition of employment for Wally Majors: Chapters 5, 6, 9, 10, 11, 12, 13, 19, 20, 24, 25, 26, 27, 30. In the event of a conflict between the Appointment Contract and this Addendum, the Addendum shall control. The foregoing provisions represent the agreement of the parties and become effective upon ratification by the City Commission. Kurt Bressner City Manager Dated: Dated: Wally Majors Recreation Director S :\CA~AGM TS~Employment Agrecments\Wally Majors Addendum.doc MEMORANDUM TO: Wilfred Hawkins, Assistant City Managey . / FROM: Wally Majors, Recreation Director F/~ DATE: November 28, 2001 RE: Contract Modification On November 13, 2000, t was appointed as the Recreation Director. Under terms and conditions outlined in;the Appointment Letter, my pcrformanc~ should be.re~evced ,~,d,?~aluated at least once annually. The i~itial perforce cri.~'~teria ~e as set f0rt~n Exhibit 'lB'. of the ApPointment Letter, whichlist§ the G6als and Objectives for~ the Recreation d~g FY 2000-01. These are listdd below and included'is a' short s~ary for each one. OBJECTIME:: Determine customer satisfaction through mail survey of recreation program participants by September 2001. S TA TUS: Modified the goal by asking stafftodistribure evaluation forms after each program thereby ensuring a better return of the survey instrument. Created "testimonial" forms that will also be distributed to program participants asking them forpositive comments about their experience. These are then used to promote future activities. We also reinstated suggestion boxes, at our facilities and created "bright idea" suggestion forms. The forms are on bright yellow paper and are:developed to attract written feedback and comments from our patFons. OBJECTIVE: STATUS: Upgrade Special Events signage by July 2001. Upgrade signs for Concert on the Green, Black Awareness and Fourth o f July. Also upgrade directional and informational signage. Due to limited resources, we were not able to upgrade the GALA signs, but plan to so for the 2002 event. OBJECTIVE: STATUS: Increase community involvement in special events by recruiting a minimum of new committee member for each special event (Holiday Parade, Black Awareness, Surf Contest, G.A.L.A. July 4m, Sports Festival, Family Day Picnic) by September 2001 Objective accomplished GOAL: Expand the size and scope of our programs and events OBJECTIVE: Offer monthly teen-oriented tournaments at Hester Center beginning in November 2000. STATUS: Objective accomplished. Staff organized pool tournaments that l~ave attracted 10- 15 teens each month. OBJECTIVE: Expand CIT program to include a minimum of 20 teens aged 13-15 by June 2001. STATUS: Objective accomplished 22 ~eens participated in the program OBJECTiVE: Expand the Annual Surf Contest to include a women's division byMarch 2001. STATUS: Objective was not accomplished due to i~esignation of Ocean Lifeguard Captain GOAL: Provide Safe and Fun Recreation Activities in World Class Facilities OBJECTiVE: Improve facility aesthetics through new coordinated signage for at least three Recreation Facilities by June 2001. STATUS: Purchused a new facility sign for the Senior Center and Art Center. Upgraded signage at Wilson pool and Hester Center. OBJECTIVE: Remodel City Hall in the Mall for improved customer service, aesthetics and utilization of Space by November 2000. STATUS: Objective accomplished. Redesigned front counter area to create one large staff work area for efficiency; created room for a more professional display of city memorabilia and promotional materials. OBJECTIVE: Apply for a minimum of three grants to expand programs by September 2000 STATUS: Objective accomplished. Between October 2000 and September 2001, we applied for seven grants. We were awarded five, one is pending approval this month and the last listed was not awarded Grants were for the following projects: Wilson Pool - Water Play structure - Wal-Mart - $2,000. · General Program Support for At-risk Youth - The William H. Donner Foundation - $8,000. · Blacklnventions Museum - The Communirp Foundation - $2.500. (HeritageFestival actually receives) · LatchkeyAfierschoolProgram-Children'sServicesCouncil-$59.519. · PhuselISeniorCenter-ForrestC. LattnerFoundation-$48,900. · Heater Center Football FieM Improvements - LISC/NFL - $40,654 (Pending notification this month) · Marine Science Program for Heater Aflerschool Program - Graham Eckea Academy - $2,500 (Not Awarded) Total grant dollars awarded FY 00/01 - $120,919. GOAL: Improved customer service and public communications. OBJECTiVE: Ensure a minimum of 15 hours ora variety of professional training for all full- time staffby September 2001. STATUS: Objective accomplished OBJECTIVE: Develop a department marketing plan, including budget by January 2001. STATUS: ObJective accomplished Plan includes basic objectives for the plan, purpose, benefit, market definition, marketing strategies, positioning, identity, and a financial strategy. OBJECTIVE: Conduct a needs assessment for thc Recreation Department by September 2001. STATus:. Objective accomplished Questionnaire wilI be mailed to residents (and some non-residents) in earlY January, 2002, Cohsuitant will inake formal presentation at 2'~ cOmmission meeting in March, 2002. In conclusion, each goal 1/sted iamy performance criteria was su~essfully completed. The meaSUrement of ac¢0mP!i$hment wasxhe suCceSs?¢1 gg~lefi°n 0fall but 0~e of the objec?es. Th~fore. based on my performance; I'r~spec~l~request your ~on§id~at~on :for'a 4% salary adjustment. Thank you for your time and consideration. VZI.-CONSENT AGENDA ITEM C.2 RESOLUTION R02- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA. AUTHORIZING THE MAYOR TO EXECUTE A DEED OF CONSERVATION EASEMENT FOR THE MANGROVE AREA OF INTRACOASTAL PARK BETWEEN THE CITY AND THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT; AND PROVIDING AN EFFECTiVE DATE. WHEREAS, the City of Boymon Beach is the owner of certain lands situated in Palm Beach County, Florida, and is desirous of constructing Boynton Beach Intmcoast~t Park at a site which is subject to the regulatory jurisdiction of south FloriO~Water Management District; and WI-IEREAS, it is the~putpose-of t-his easement-to grant.to the. South~Florida ~rater Manageaneaxt District aperpetual conservation easement; NOW, THEREFORE, BE IT RESOLVED BY THE CITY Section h Tlxe City .Commission. of the City of Boynto~ Beack toes hereby approve the Deed of ConservationEasement from the City of Boynton Beach to the south Florida Water Management District, and authorizes the Mayor and Cigr Cle~c to execute sa~ Easement, a copy of'which is attached hereto as Exhibit Section2. This Resolution will become effective immediately upon CITY OF BOYNTON BEACH. FLORIDA M~yor Vice Mayor Commissioner Commissioner City:CIert~ (Corporate Seat) C ommi~J, oner Requested City Commission Meetin~ Dates [] November 20. 2001 [] December 4, 2001 [] December 18, 2001 [] Januar3 2, 2002 VII.-CONSENT AGENDA ITEH C.2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be fumed in to City Clerk's Office November 7, 2001 (5:00 p.m.) November 21, 2001 (5:00 p.m) December 5, 2001 (5:00 p.m.) December 19,2001 (5:00p.m.) Requested City Corem/salon Meetirtg Dates [] January 15. 2002 [] February 5. 2002 [] February 19.2002 [] March 5. 2002 Date Final FormMt ust be Turned in to City Clerk's Office January 3, 2002 (5:00 p.m.) January 16, 2002 15:00 p.m.j February 6, 2002 (5:00 p.m.) Febmary 20. 2002 (5:00 p.m.' NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Busmess [] Public Hearing [] Legal [] Bids [] Urd'mished Business [] Announcemem [] Presentation [] City Manager's Report RECOMMENDATION: Authorize the Mayor to sign a deed of conservation easement for the mangrove area of lntracoastaJ Park EXPLANATION: This is a requirement for a construction permit for the South Florida Water Managdment District. Boundaries of the easement are shown on the attached documents. PROGRAM IMPACT: Development of this location will allow the recreational use of this property. FISCAL IMI~ACT: Not applicable. ALTERNATIVES: Do not~deve~ the park si. re. //'I)eparUnent Head s Signature John Wildner City~anager's Signature Parks Depamnent Name City Attorney Finance Human Rlesources S:kBULLETiNAFOKMS~AGENDA ITEM REQUEST FORM.DOC Engineers Planners Surveyors Sun-Tech Engineering, Inc. 1600 West Oak[and Park Boulevard Fort LauderdaIe. FL 33311 1954! 777-3123/Fax(954 777-3114 E-mail: suntech@sunr echengineering.co~ December 28, 2001 Mr. Bill DeBeck Facilities Manager City.of Boynton Beach 100 E Boynton Beach Boulevard E]oynton'~Beach, FL 33425 Boynton Intracoastal Park Sun-Tech Project No. 00-2413 Dear Mr. DeBeck, Please find herewith the following permit applications for the above referenced project, which require your signature: · Five (5) copies of the South Florida Water Management District Environmental Resource Permit Section A, Form 0971; and · Five (5) copies of the Deed of Conservation Easement, Form 592-12. Please sign the applications in all the applicable spaces as marked and return them to my attention for submittal. Bill Sadler has prepared the exhibits for the Conservation Easement. Their office is closed this week and we were not able'to obtain the necessary copies to attach to the Deed of Conservation Easement. As soon as we receive them next week, we will fax a copy for your approval. K:evin Might at Wallace, Roberts & Todd has also requested a check in the amount of $1,500,00 for the SFWMD application and a written commitment from the City for perpetual maintenance of the Conservation Easement. Please send these items along with the signed application forms. If you have any questions or require additional information, please do not hesitate to conta~ me at this office. Sincerely, Project Manager CONSTRUCTION SERVICES ~ERVATION EASEMENT THIS DEED OF CONSERVATION EASEMENT is given this ~, 20D_Z_, by day the and WITNESSETH and WHEREAS, the in p~'l~n 1~hCo!~nty, ) and incorporate;j WHEREAS, this Permt requires ilbat the. iGrantor preserve, enhance, restore and/or mitigate wetlands and/or'uPlands u~der the District's urisdi ' ~,,~ J ctlon; ..n,~ WHEREAS, the Grantor, In consideration of ~he consent granted b the P ' ' a,g.r,eeable to granting and sec~ing to 'the Grantee d ~,e~,-,,,.~, .........- y erm?, is * . . ~ F oF~,ual wH~lVU[ion easement as uermed In Section 704.06, Florida Statutes~(2000), over the Property. NOW, THEREFORE n c.o. nslderatien of the ssuance of the Permit to and o emte the " - constru t ,. .!P . .p. ermilted actlwty, and as lan irlducement to Grantee in issu n r'ermlt togemer with other oood and val-~j' ,~.-~..;:~,-~: ..... - g t~J which is hereb r~ ack~w - ,, , q ~ ~ f · . y , ledged~ Grantor. hereby grants, creates and establshes Perpetua! conservation easement;for and i.~ faY-.- ;;~ ~-~ ," - .... IJ · ,, ,~v,~, ,.,f,,,~ ,.~ranTee u on Tn shall run with the landa b ' ' ' ~ .- ' . ,. p .e?r°pertywh~ h effect forever, nd e binding upon-the Gran[to,, and Shall remain n full force a~dh Staadard f~rm -luly, 2001 l of 5 DEC 3 ', CONSTRUCTION'SERViCES DIVISION The scope, nature, and character of this conservation easement shall be as follows: 1. It is the purpose of this conservaUon easement to retain land or water areas in their natural, vegetative a, To~ equipment or vehicles 'L vJth any necessary b. To~ With this conservation of the is inConsistent ~r features activities, by the Permit, the f~ a. Construction ( advertising, utilities b. Dumpj or dumping or placing for the maintenance plan; Other material remain in it~ and monitoring or required or other or material as landfill, ~eat, gravel, soil, rock, or Standa'd form - .ruly, 200! 2 of 5 DEC 3 1 2001 CONSTRUCTION SERVICES DiViSiON f- Activities detrimental 1o drainage, flood control, water conservation, erosion control, soil conservation, or fish and wildlife habitat preservalion including, but not limited to, ditching, diking and fencing; . Water areas; g' Acts or uses detrJmenfal to such aforement/oned retention ct 1and or ash, .. .A?.ts ~r .u~es which are detrimental to the preservation of any features or peres or the. J"roperty having historical or amhaeological significance. Grantee shall the general public to any portion of the Property is any costs or liabilities related tO the 7. Any costs incurred in enfom ng, judicially or otherw se, the terms, ProVisions and restriotio?~ ~)f thi~ c..?~lservati0n easem~rfl shall be bom ~ the nonprevading party, in Such prOceedings, e by and recoverable against 8. Enforcement of the ~erms, provisions and restrictions of this conservaJtion easement shall ' Grantee, and any forbearance on Grantor~ the eyelet of any breach hereof by ~f Grantee's r~ghts hereunder. 9. _Grantee will hold this conservation easement e ' purposes. Grantee wij not ~-o'~-..- =,~- -'-,-,- _ . . xclus~vely for conserva ion easement ex ::' "~"~'?~ -uu~ an(] on~iga~ons under t ' ~ · copt' to another 0r anizatio - . his conservation applicable state,laws, g n qual fled to hold such interests under the 10. It any provision of this conservation easement ., any person or ciroun~stances s foUna ,~, ~.. = ........ or. the application thereof to cons . , - ,v .,~ .,vmlu, [ne remain · · . ervatlon easement sha/I not be ~.,*~.~ ,----,- - oe..r of the provisions of this ...... ~,~ ,,,-~uuy, as long as the purpose of the Slaada~d form - July, 200t DEC 3 1 2001 CONSTRUCTION SERVICES OIV1SION conse~vatior3 easement is preserved. t 1. Grantor shal! insert the terms and restrictions of ~his Conservation easement In any subsequent deed or other legal instrument by wh eh Grantor divests itself of any interest Jn the Property. be i , consenls, approvals er other communications hereunder shall ~ ! United S~ates certified, ~il. re~urn receipt requested, addmsseo or s';';'essor-in-irlf~ ~ ;'~"~ erest ~3. Pro joined its day of .Signed, sealed and delivered m our presence as,witnesses: : has e eu, to set _. 200~._. . [°rint Name: _ By: Print Title: Print Name: glandard form- SuJy, 2001 4 of 5 STATE Of FLORIDA ) es; COUNTY OF the undersJgned nota~ publ/c, personally , pe3r~nalJyrse known to me to be the person Who sul~scribed to ~ - · !ake an oath,, as ~he ('position) ~ the foregoing instrument and di~l not (corporation) ~. -------- -- . . executed the same,on ~,-,,--- .... ? a Florida corporation, and acknn,.,f~,~'?! --. . ..... ,~ .,,a~ .e was duly authorized to do IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARY PUBLIC. STATE OF FLORIDA Pdnt Name; My Commission Expires: South Florida Water Management District Legal Form Approved Date: July, 2001 Smnd~d form - July, 2001 5 of 5 P. 06 AND DESCR'PT!0N: CONSERVATION ['ASFMEN ~, PORT.ON Ct OT5 8 AND 9. SAM BROWN JR's ItYPOLUXO BUB)IVSIQN 5. l OWNStIIP ,15 SOUTH, RANGE 43 EASi. P'ALM BEACH COUNI Y. FLORIDA, ACCORDING IO -HE PLAT I'4LR[ OF AS RECORDED IN PLAT BOOK · PAGE 81OF THE P.)BI IC RECORDS )~ PALM BCAC~ COUNT" FLORIDA, MORE PARTICULARLY DESCRIBED AS ROLL 3WS: COMM~NCNC ~T THE NORTDWEST CORNER OF ~'NE SOUTH~EST ONF~OUART~H ~ a OF S~ ) SECTION 15: [HENCE ~OUTH 89'39'O~' EAST ALONG THE NORTH L,NE 0: ['. SOUTHWES~ ORE-QUARIER 4) OF SAlE SECTION lb.A 01STANCE OF 930.15 FEET 3 r.: EASl R~OHT ~ ~'~T NE OF STAI'E ROAD 5 (FEDERAL H~GHWAY) AS SHOWN UN FLUR~DA DE *aRTMENT OF IRANSPOR-ATION RIGHT OF ~AY MAP. SECTION 930tO-2bOL SHFFI 3 OF 7 ~AS '~TED JNAUARY 1955~ THENCE S0~TH 07'46'43' WES~ AI,-ONC. SAIE CAS lOq' 3F WAY LINE, I[~9.BZ FEET T0 THE SQUTH UNE OF SAID .C, , ~HENCE SOU~i' 89'50'QS'EAST, ALONG SAID SOU'H LINE OE ~OT 9, A DISTANCi OF 9 /.BIFFET TO THE N%~:~gRE]X MEAN BLOB W ~OR'H 00'36'5' FAST ~L N~ SAG WESTE-Rb~'~ ~HCNCE N0ql'q ~9'Zt"~8' W ~T, 45.5J FEET;.THEI ~¢NQ~TH 9'~3 O¢ %AS(; 53 7~ FEET g:_ : .~2-d ~.~g~ ~eg FEE~-'~UE THENCE <ORTH ~4*~1~39~E AC; 5~.1:~ FEET TO' LAKE N~RI'H~THENCE THE FOLLOWING :lYE (5) )URSES ALONG SAD WESTERLY MEA~ HGM WATER LINE OF LAKE WORTH: SOU H O4'S6'OT'WEST. 42~q7 FEET; ~. S )UTH 02'02'Oq":WES~', 2.¢ O FEET; 3. SOdfk 08"33'39' EAST, 33.95 FEET; q. SOU~H Ot'OB'30'EAST, 42-26 FE!T; 5. SOUTH 00'05'57' EAST. 39.92 FEET TO THE POINT OF BEGINNING. SAID _ANOS _YING N THE CiTY OF' BOYNTON BEACH. PALM BEACH COUNIY ~10fltOA. CERTIFiCA :.; REREBY 'C EP~['' THAT THE ~,T'rACHED SKElCH OF DESCRIPTION OF THL HEREON DESCRIBFD mROPERI'Y S }EPICTED TO THE BESI OF MY KNOWLEDOE. BELIEF AN[ .NFORMAT~ON AS DELINEATED ~NDER MY DIRECTIO~1 ON DECEMBER 5, 2OO1. FURTHER :EpT,~v THAT THIS SKETCIt OF DESCRIPTION MEETS THE MINIMUM TECHNICAL STANOARDS SE1 fORTH BY THF FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS tN CHAP1ER 6,.,I,-6 3F THE FLORIOA AO;~ NISTRATIVE CODE. PURSUANT TO SECTION 4/2,027, FLUR~A Si.~TUE. ~UBd[-CT TO THE OUAL FICATIONS NOTED HEREON. j P- ~EBER, p S M. J~OOiIt~A REGISTI~A"~ION No. SURVEY NOTES: I NO' VALID WITHOUT THE SIGNA'rURE ~,ND ORluINAL RAISED SE-Al )F ¢, FLOR!DA _CLNSED · ~URV~-~()R ANO MAPPER. . . 2.ANDS SHOWN tt[.NEON WLRE NO~ AESTNACTED 0R R~CH~S 0F WAY, EASt'MEN~ OWNERSHIP er( )THER INSTRL~NTS 0F RECUR]. ~,¢~ARiNGS SNOWN HFREON ARE RELATIVE T0 THE NORTF AMERICAN UATdM O~ ADJUSTMEN~ OF lqgO). REFERENOE BEARING 0F NORTH OrI3'0r wi ST ALONG 1HL W~ST [rNE OF IIIE SOUfllWESI ONE-CUrRIER (SW I/4) OF SECTION 5, TOWNSHIP =q SOdtH. RANGt 43 EAST. PALM BEACH :OUHTY. FLORIDA, SAID REFERENCE BF~R;NG WAS DERIVE0 FROM SI'A IF PLANE CO)RE NATES PROVIDED BY PALM BEACH COUNTY NGINEE ~ING DEPAR IMENT=SURVEY SECTION ~0R THE S0~THWEST :ORNER 0F SAiD ~CilON J5 ANt~ THE ~LST 3UARIER CORNER OF SAID SECTION 15. ~ P~ AND 0[5CRd~IO~ H~R[ON WAS PREPARED BY THb SURVEYOR. 5. JNtFRGROUND ~MPROVEMENTS NOT LOC~EO OR SHOWN, 6. FHERE 5 NO EVIDENCE THAT U~OERGROUND ENCROACHMENTS EXErT. HOWE EH NC 5JBSURbACC INVkSTiGAT[ON WAS PERFORMED TC DETERMINE F JNOERGROOND ENCROACHMENTS F. TH~S SKETCH 3OE$ NOT OENTIFY TIlE _;MITS OR E~TENfS 0F POTENTIAL R~SO'CUONAL BOUNDARIES. 8. MEAN H~GH WATER ELEVATION OF L~4'FFE2 NGVD) WAS 0BTA~NED FROM ~HE FLORIDA 0EPARTMENT OF ENVIRONMENTAL PROTECTION (FOEP). BUREAU OF SOOVEYING ANU MAPPING, a. lHb ~ANO OVF LIMIIS AND MEAN HIGH WATER LINE L0CA~t0N AS OE~CTEC RER~ UN S 0N ~ BOUNDARY SURVEY ~REPARED BY ]'BRIEN. SUITER AND O'BR~EN, INC., ORDER Nc )3-MEd~"A', C &TED 8-22-OI ~NI) REVISED ON 9-27-0L SA$D MANGROVE LIMITS MEAN HtGN WATER' LINE WERE FIEL3 VERIFIE0 BY KEITH & ASSOCIAteS ON NOVLMBER 28. 2B01, O.ELEVATON5 SBOWN HERECN ARE RELATIVE TO THE NATIONA[ GEODETIC VERT~CA DATdM Db [929 AND SAID ELEVATIONS ARE BASED CN BENCHMARKS SUPPLIED B~ TtiE pALM BEACH COUNT - NCINEER~NG DEPARTMENT-SURVEY SECT[ON ]R~CIN 8ENCHMAR~ NO, J 233 BEING ~ BNAS~ DISC N ~ CONCRETE MONUMENT ~TAMPE0 'U 233-1965% ORIGIN BB~GHMARK ES OCATEE ABOUT 2.~ MILES SCUTH ALONG THE cLORIDA EAST COAST RAILROAD FROM TBE LANTANA ROAD :ROSSlNC. 0.2 ~ILE NORTH OF MILEPOST 311, 186 PEET SOUTH OF A ROAD CROSSING. 93.C [ bET NORTHEAST 0F THE NORTHEAS$ CORNER OF THE BOYNTON ANIMAL CLIN,E, 22,9 FEE WEST OF THE WEST RAiL OF THE SOUTHBOUND MAIb TRACK AND IF00~ WLb )F A METAl. W~TNE55 POST, ELE~ATION=II,qO7'. ii,ALL RECORDING REFERENCES SHOWN HEREON ARE PURSUANT fO THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, 2,THIS SKETCH OF DE~ORIPTIO~ S NDT ~ BOUN[ART SURVET. 13, NTRACOASTAL WATERWAY DGH1 3[ WAY AND CHANNEL iNFORMATiON SHOWN HEREON tS BASED 0N THE FLORIDA NLANO NAVIGATION )ISTR~CT ~P DATED OCTOBER 1994. MAP NO. PB-29 AND THE FLORIDA INLAND NAVIGA' tON DISTRICT ~AP DATED JANUARY ]~t, UNDER PROJECT No. 96-2~72 ~ DRAWING No, 2q72SHEZ.DGN, SHEETS 67 AND 84. ElF FDOT D.R.B. P.B,C,R. P,B. PG. P.O.B. P.O.C. R/W UE W/ ELI[ ATIOK FLORIDA EAST COAST 7At_ROAD FLOR[DA DEPARTMENT OF TRANSPORTATION OFFICIAL RECORDS BOOK PA_M 3EACH COUNTY RECORDS PLAT BOOK PASE ~OINT OF BEGINNING POINT OF C3MMENCE~ENT RIDHT-OF-WAY vT]L[TY EASEMENT SOUARE FEET WITH SKETCH OF D~SCRIPTIONI[ ~ A PORTION OI LL, IS U AND 9. // 5-4B-4~ EASI, P.B.I. PC. 8' /L A PORTION OF LOTS 8 AND 9, [| * .... I~S¢~.r~utlgvz~ $CALL. r,~ .... SAM BROWN ~R'5 HYPOI UXO II , ~,,~ ~.~*;,'~ / SKETC~ OF DESCRIPTION--~ A PORTON OF LO~S 8 AND 9 It _Jl- = - - 5-dS-d3 EAST, P.B.I, PC. 8 I~ ~ ~'~ Requested C~ty Commiss~o~ Meetm~ Dates [] November 26, 2001 [] December4, 2001 [-- December 18, 200l January 2. 2002 VII,-CONSENT A6ENDA CITY OF:BOYNTON BEACH ITEM C.3 AGENDA ITEM REQUEST FOR ,, Date Final Form Must be Turned in to City Clerk's Office November 7, 2001 (5:00 p.m.~ November 21. 2001 (5:00 p.m.) December 5. 2001 (5:00 p~m.) December I9,2001 (5:00 p.m.I RequestedCity Commission Meeting Dates [] January 15, 2002 [] February 5, 2002 [] Febmar~ 19, 2002 [] March 5, 2002 Date Final Form Must be Turned in to City Clerk's Office January3, 2002 (5:00 p.m.) January 16, 2002 (5:00p.m.) February 6, 2002 (5:00 p.m.) February 20, 2002 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Consent Agenda [] Public Heating [] Bids ] Announcement [] City Manager's Report [] Development Plans [] New Business [] UmSnished Bnsiness [] Presentation RECOMMENDATION: Approve the remainder of the 2001-2002 Pay Plan. EXPLANATION: The rate ranges included in the plan for this fiscal year were previously approved by the Commission. An outline of reconmaended changes is attached. PROGRAM IMPACT: The written plan document mu.res that the City pay administxation is consistent and equitable in all applications. FISCAL IMPACT: The additional cost of the plan (brlnging employees below new miuimum up to that amount, higher amount for promotions as a result of an increased mid-point and higher maxtmum on each range) was included in the 2001-02 budget. ALTERNATIVES: Continue with the previous roles and policies. Deparmaent Head's Signature Department Name City Manager's Signature ~/Finance / Human Resources S :kBULLETINXFORMSXAGENDA ITEM REQUEST FORM.DOC RESOLUTION R02 - A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH. FLORIDA, APPROVING AND ADOPTING THE REMAINDER OF THE 2001~ 2002 PAY PLAN; AND PROVIDING AN EFFECTWE DATE. WHEREAS. the rate ranges included in the plan ['or this fiscal year were reviously approved by the Commission; and WHEREAS. the attached Pay Plan insures that the City pa? administration is nsistent and equitable in all apphcations; and NOW, THEREFORE, BE IT. RESOLVED BY THE CITY COMMISSION THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida does ~ereby approve and adopt the remainder of the 2001-2002 Pay Plan, a copy of which is mached~hereto as Exhibit "A", and made a part hereof. Section 2. Implementation of the PaY plan adjustments may not effect >argaining unit employees unless consistent with their collective bargaining agreements. esolved by impact bargaining, or waived; Section 3. This Resolution will become effective immediately upon passage. PASSED AND ADOPTED this day of January, 2002. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner 'TEST: ?ity Clerk ,:\CA\RESO~Agreerr~n tsX2001-2002 Pay Plan.doc Outline of changes made to paI program: Item .... Previous 2001-02 No reference to Police 11.5 Overtime is paid for all hours Non-Exempt Employees hour schedule worked in excess of 170 hours in a 28-day work cycle. No reference to action if If the trainee does not meet Trainee/Apprentice trainee does not meet standards at the Six month standards at six months, evaluation, the Department Head and Human Resources Director wi d scuss the options avai ab e and determine the course of action on a case by case~basis. Holidays included in HOlidays are not counted Hours included in work week calculation of overtime toward overtime. Some · bargain ngun ts may d ffer Human Resources Director ~quest must be approved by Hiring Rate must approve any HR Director, Finance Director employment offer over the and C!ty Manager minimum of the grade. Reclassifications considered Reclasses considered dur ng Reclassifications quarterly budget process W be considered dudng the year only 'if the department is restructuring or realigning major respons b t es Mid- year must have approval of HR Director, Finance Director and C ty Manager All policies based on previous Ali!policies based on new Performance Evaluations evaluation program evaluation prOgram. Reference to Performance Evaluation Manual with outline of new schedule. Wording for both non-exempt Compensatory time will be Compensatory Time and exempt employees, availab e on y for non-exempt employees. Wording based on previous Wording based on current Tuition Reimbursement policy, policy written by ProfessJona Development. Some bargaining units may vary. No allowance for cash in of In Certain circumstances, but Emergency Cash in of sick time. not before cash in of vacation vacation or sick accrual time, sick leave may be used for emergency cash in at 50% Out of class duties must have Reduced to two consecutive Working Out of Class been performed for 160 hours, weeks (80 hours). No written policy Failure to meet assigned Unauthorized Absence from schedule and/or failure to Work notify the department as required for 3 working days will be considered a voluntary resignation. Not specifica y addressed No terminatien"or severance Resignation/Terminat on pay pay, exCept ~r vacation · and/or sick,as provided. Some individual fetters of appo ntment may nc ude terminatior~ pa¥,prov Sons. 2 City 2001-2002 Pay Plan Position Classifications 1/1/02 1 TABLE OF CONTENTS - COMPENSATION PLAN ............................................................................................................................... 4 EMPLOYEE DEFINITIONS ......................................................................................................................... 4' Full-time Employees ................................................................................................................................ 4: Part-time/Temporary/Seasonal Employees ................................................ 4 IndMdual Contract Employees ................................................................................................................. 4 Exempt E~pIo, y~s .................................................................................................................................. ~ Non-P_,xcmi~t ErnPicyees ............................................................................................................................ ~i Bargaidin~ Unit ~l~yees .................. i:.: ............... ~ ................................................................................ .5 Traine(e~A~pren~ice ':.:,!~,. ............. i .......... i ......... !...,i .................................................................................. ~ PAY POlICiES ............................................................................................................................................ Work Week ............................................................................................................................................... Hours Included in Work Week ........................... Pay {Pedod ................................................................................................................................................. PaycheCk Distribution ................................................................................................................................ Co~nper~sation' Rates ......................................................................................................................... Hiring Rme ................................................................................................................................................ Promotion .................................................................................................................................................. ~omotion ................................................................................................................................................... 8oclassifications ....................................................................................................................................... Pe~0rmance Evaluations ........................................................................................................................... NompaM Status ......................................................................................................................................... ~e~ime .................................................................................................................................................. 1 Compe~satow Time ................................................................................................................................ 1 Holiday Pay ............................................................................................................................................. 1 Va~tioh Leave Pay ................................................................................................................................. 1 Sick Leave Pay ...................................................................................................................................... 1 Leave of Absence .................................................................................................................................. 1 Tuiti¢n Reimbursement ............................................................................................................................ 1 WoOers Compensation .......................................................................................................................... 1 Disability .................................................................................................................................................. 1 Eme~ency Cae-In of Vacation and/or Sick Leave Time ....................................................................... 1 Sick Leave T~nsfer of Time (Donated Time) .......................................................................................... 1 Working Out of Class - Administ~tive Policy Manual 6.5.1 ..................................................................... 1 Unauthedzed Absence from Wo~ ........................................................................................................... 1 Resignation~e~ination Pay ................................................................................................................... 1 Pay Plan A (Non-exempt) ............................................................................................................................ 1 Pay Plan B (Exempt) .................................................................................................. 2 1/1/02 2i Pay Plan C (Firefighters) IAFF Bargaining Agreement ................................................................................................................... 32 Pay Plan D (Police) PBA. FOP Bargaining Agreements .......................................................................................................... 34 2001 -2002 Pay Periods - Pay Dates ....................................................................................................... 37 Bargaining Unit ,Job Titles White Collar Unit Job Titles ................... 39 Blue Collar Unit Job Titles ........................................................................................................................ 40 GLOSSARY INDEX 1/1/02 3 CITY OF BOYNTON BEACH 2001-2002 'PAY PLAN COMPENSATION PLAN The 2001-2002 compensation plan of the City of Boynton Beach as adbpted shatl remain in effect until suoerceded. The compensation plan is not vested and does not constitute a contractual obligation i2f the City. This summary document includes pay specific excerpts from the City's Personnel Policy Manual (PPM), .the. Administrative Policy Manual (ApM), bargaining unit agreements current y in effect and certain items specif c to the pay. plan. Any additior~at details, questions or other information .regarding benlefitS or term's arid condJt ~)r~s of employment should be researched in the full document, While in some cases many of the terms and conditions of comoensation for general employees covered by this pay plan are the same as the terms and conditions outlined in various collective bargain ng agreements, add,.itions or deletions to this pay plan will not affect memuers of bargaining units unless ratified as an arflendment to their current contract. Unless it is outlined in a un,on contract or in policies that supemede this document, the cay plan is the final indicator in the administration of payroll matters. The City Manager shall be responsible for interpreting the application of the compensation plan with regard to pay questions not specificat~. covered by the plan. EMPLOYEE DEFINITIONS Full-time Employees Hired for and regularly scheduled for thirty-six (361 or more hours per work week. These employees are e g b e for City provided benefits. Each new employee must successfully complete a twelve month probetionary period. Part-time/Temporary/Seasonal Employees Hired for and regularly scheduled for fewer than 36 hours per work week. Employees nired as cart- time, temporary or seasonal will be paid the rate indicated for such job title, hour for hour. and are not eligible for any City benefits. Part-time employees will accrue no seniority except credit toward service recognition awards. Persons filling vacancies created by regular employees on leave of absence are considered part time. Individual Contract Employees Certain management pos~bons may be designated by the City Manager as Contract positions. These individuals will be hired as City employees under a written letter of appointment that stipulates the term of the contract, salary, benefits and all other terms and conditions of employmenT. 1/1/02 4 Exempt Employees The Fair Labor Standards Act (FLSA) allows for specific exemptions from the Act's regulations. These exemptions ars based on the nature of the employees .lob and include managenai/supervsory, professional and certain administrative employees.' These individuals must meet specific requirements regarding sa ary, Primary duty and the exemise of discrstion and independent judgment. Non-Exempt Employees Non-exempt employees are paid time and one-half for all hours worked in excess of 40 per week and must be paid at least.the hourly m~mmum wage set by federal law. For shift schedule Firefighters. overt me s paid for all hours the employee is required by his/her supervisor to stay longer than the ass gned 24-hour schedule. For Police Officers assigned to an 11.5-hour schedule, overtime is paid for all hours worked in excess of 170 hours in a 28-day work cycle. Barqaininq Unit Employees Employees whose positions have been certified by the Public Employee Relations Committee (PERC) as appropriate for inclusion in one of the following bargain units: IAFF - Firefighters FOP - Police Lieutenants PBA - Police Officers and Detectives FOP - Police Sergeants SEIU - Blue Collar Positions SEIU - White Collar Positions Trainee/Apprentice New appointments to a position may be designated as apprentice or trainee provided the position is not classified as such and shall be paid at a rate not greater than 10% below the starting rate for that classification for a pedod r~ot to exceed 6 months. When the employee attains the proficiency or certification during orby the end of.the six months, they can be advanced to the normal starting rate of pay. The trainee will remain on probationary status until the end of their first year of employment. No trainee appointment shall extend beyond 6 months without proceeding to the starting rate for that classification. If the trainee does not meet standards at the six month evaluation, tl3e Department Head and Human Resoumes Dirsctor will discuss the options available and determine the course of action on a case by case basis. 1/1102 5 PAY POLIC lES Work Week The City Manager shafl establish hours of work in accordance with the n:eeds of: the City and considering the 'reaSonable needs of 'the pub}lc wh.o, may: desire, tO do businesS with' various city departments; For'purposes'of the pay pla~, the Citys work week Starts at 12:01 am. Monday an~J ends at 12:00 a.m. (midnight) the fo ow dg Sunday f(~r a tota of se~,en ~onsecutvedays. Hours Included in Work Week (Bargaining Unit contracts may vary.) Counted- tov~ard~ overtime: R~gularschedul~d'ho~rs worked VaCation Leave Sick Leave Not counted toward overtime: Holidays Leave Without Pay Family Sick Funeral Leave Jury Duty Annual, Military Leave Vacation hours used in lieu of or when suspended Paid or Unpaid Administrative Leave Other absences from duty on active pay Status Pay Period Each pay period is comprised of two consecutive work weeks. Each pay period starts at t2:01 a.m. Monday and ends at 12:00 a.m. (midnight) Sunday 14 consecutive days later. Paycheck Distribution Paychecks will normally be distributed on Fdday following the close of the pay period. Pay distribution will be adjusted to accommodate City observed holidays or emergencies that fall on a typical Friday pay date. The convenience of direct deposit is available for all employees. See Appendix A for check distribution dates. Compensation Rates All rates included in the compensation schedule represent the standard rates of compensation for employees. Positions which are non-exempt (eligible for overtime payments according to the Fair Labor Standards Act) are listed in Pay Plan A. Positions which are exempt (not eligiDle for overtime oayments according to the FLSA1 are listed in Pay Plan B. Firefignter rates are listed in Pay Plan C. Sworn Police_personnel rates are listed in Pay Plan D. The plans determine the comparable worth of each position and set the entry level of pay for each grade, the mid-point of the grade and the maximum rate of pay which may ~)e carnet within each grade. Contracts that specifically deviate from this Pay Plan will supersede the appropriate pay pis n no case can a bargaining unit contract and the pay plan be u~ed together for the same issue. 1/1/02 6 Hiring Rate The beginning rate of pay for a classification shall be paid to any person who meets the minimum qualifications required for the position. A salary higher than the minimum may be approved when the new employee possesses qualifications and experience in excess of the minimum required and therefore justifying employment at a higner rate. A request for a hiring rate that exceeds the m~mmum of the grade must be approved by the Human Resources Director, the Finance Director and the City Manager. prior m making the employment offer. Promotion: Emotoyees interested in applying for a promotional opportunity must have been in their current position for a minimum of six months and have at least a meets standards performance level. Each promoted employee must successfully complete a s~x month probationary pedod in the new position. Employees are eligible for the following increases ~n pay upon promotion: Promotion from non-exempt position to exempt position: +10% of mid-point of new grade or to minimum of new grade whichever is h gner Promotion of one grade (exempt to exemot or non-exempt to non-exempt): +5% of mid-point of new grade or to minimum of new grade, whichever is higher Promotion of two grades: (exempt to exempt or non-exempt to non-exempt): +7,5% of mid-point of new grade or to minimum of new grade, whichever is higher Promotion of three or more grades (exempt to exempt or non-exempt to non-exempt): +10% of mid-point of new grade orto minimum of new grade, whichever is higher In no event will the employee's base rate of pay exceed the maximum for the position to which the promotion is made. Demotion: Upon demotion, an employee's rate of pay will be aojusted as follows: Decrease of one grade: -5% of mid-point of current grade (position leaving) Decrease of two grades: -7.5% of mid-point of ~urrent grade (position leaving) Decrease of three or more grades: -10% of current grade (position leaving) In no event will the employee's base rate of pay exceed the maximum for the position to which the demotion is made. The pay of a promoted employee who is demoted pdor to completion of a probationary period, will be reduced by the same amount as the promotional increase. 1/1/02 7 Exceptions to this policy may occur if there is a department restructunng that results in an ~nvoluntary - demotion for one or more employees. The City Manager must approve any restructuring and resulting demotions. Lateral Transfer Err ~loyees transferring from one position to another in the same pay grade, whether in the same or in a different department, will maintain the same pay rate: Reclassifications Positions may be considered for reclass fication only upon written request of the Department Head, including det~.iled jas;tificat(on. If the reclas¢ific~tidn is for a change to an existing posi'~i~n classification (e.g: Grad~ !3 tc;'~ra, de'!i~),'the ;~nb, umbbnt'~m~t c0.~plet~ a ipo~sition questiohnaire, which Will~heh be evaluated by ~the HUman .Rescu.m.e~: Be~me~t~, If:the request, Sto c~ange from~ one currant..position classification to ~an~the~'(e~.~.office;~sis.'ta~t~t~ office' ASSistant,; .S."r.)~ that justifica;tio'n ~must be ~clt~ded in the Department Head s r~qUest; Reclassification requ~ste will be considered each year during the budget process. Reclassifications requested dudng the fiecal year wilLbe ~onsidered (~nly:if the department is restructUri.,n.g or realigning maior responsibilities: Mid-~;ear reclassifications must have the approval of the HR Dlrector Fir~tnce Director and City Manager. Implementation of any reclassification, whenever approved, will not become effective until the necessary funds are available n the department budget. Any salary change required by a reclassification become effective as of the date the reclassification is approved. Performance Evaluations For the full policy, ,procedures and forms for the performance appraisal program, refer to the Performance Evaluation Manual. (Some .bargaining unit contracts may vary.) Employee performance evaluations provide a valid basis for personnel decisions relative to compensation, promotion, training, retention, and performance-related personnel actions. Evaluating performance s a continuous process that takes place throughout the year. The formal evaluation process is an opportunity to reinfome the guidance and information that the supervisor provides to the employee throughout the evaluation period. The basic evaluation schedule will be as follows: Full time employees who are hired on or between Apdl 1~ and September 30t" will receive their medt increase upon successful completion of their twelve-month probationary pedod. Full time employees who are hired on or between October Ist and March 30'~ will receive their merit increase as part of the first scheduled evaluation pedod following successful completion of the twelve-month probationary period. No medt increases will be awarded during the probationary period. All new hires will be el!gible to receive any market adjustments as may be includee in the budget. 1/1/02 · Each April 1% all employees.will receive a performance evaluation based on goals and measurements agreed to the previous Apdl 1% · Each October 1% all employees will receive a 6-month mid-year review to ensure th-- everything is on track for the completion of.all goals by their deadlines. 8 · Full-time employees who are promotea before September 30~n will receive their 6 month evaluation six months from the date of the promotion and will receive consideration for a merit increase in the April 1s' program. · Full-time employees who are 3romoted after October 1s' wil~ not participate in the April 1~ program, but wilt receive consideration for a merit increase at the end of their six month probation and will thereafter be included in the next year's Apdl 1s' program. · Part time employees who are hired to full time status on or between April 1~' and September 30TM will receive their merit increase upon successful completion of their twelve-month p[obationary per od. Part t me emp oyees wno are hired to fu I time status on or between October lS' and March ~0th will receive their merit increase as part of the first scheduled evaluation .period following successfu completion of the tWelve-month probationary period NO merit increases will be awarded during the probationary period. Part time employees who are h red to full time status w I be e g b e to receive any market adjustments as may be granted by the City Commission. · Employees who transfer to another department on or before September 30TM will have their performance evaluations done by the receiving department. · Employees who transfer to another department after October 1s' will have their evaluations for the period of their employment done by their former supervisor, This evaluation wilt form a part of the final review that wil~ be done by the current supervisor, · Human Resources will provide notice when performance evaluations are due. The department and HR will provide follow up to ensure all deadlines are meT. In order to receive an annual increase in pay, an employee must be giver~ a written 2erformance evaluation by their supervisor to determine the employee's ability to continue performing the duties of their job. The amount of the increase will' be based upon the amount approved in the budget for the appropriate performance rating. Failure of a supervisoddepartment head to complete an employee's performance evaluation in a timely manner shall be reflected on that supervisor's/depar[ment head's annual oerformance evaluation. Employees who receive a performance evaluation which "does qot meet standards" shall not receive an increase until they receive a performance evaluation which does "meet standards". Such increase shall not be retroactive to the employee's annual evaluation date, but instead, shall become effective as of the date that the employee's performance "meets standards". An employee who does not meet standards atthe re-evaluation is subject to a non-disciplinary performance-based termination. Non-paid status (Bargaining Unit contracts may vary) Employees must be in a paid status for a minimum of 24 hours per week in order for the City to continue payment of their benefits premiums. Employees in a non-paid status for more than 16 nours in a work week will be oersonally responsible for payments to the City for all insurance premiums, their own as welt as any dependent premiums (medical, life, dental, etc.). No increments will be added to sick and vacation leave balances if an employee is m a non-paid status for more than 16 hours in awc rk week. 1/1/02 9 Overtime (Bargaining Unit contracts may vary) he Fair Labor Standards Ac[ (FLSA) provides that non-exemp[ employees are eligible to be pa d the rate of time and one half (1Y2) for any hours worked over their regular work week of forty (40) hou'r. Overtime rate of pay is calculated by muiti~lying the I emp oyee s regular hou,rly rate by one and one half ~frnes. (See t~e pa;y i~lan for hourly hate~l Example: Regular hourly rate: 9.62 X 1~ Overtime hourly rate 14.43 For,purposes 0f 0verb!me, the City, wll f~llow the :Department of L~,bor 7/8 minute rule. That is emPl°ybescann0t be in a WOrk Status rd0.r~ than~.s?Ven,min0tes pri0~ t0 or seven minutes after thef~ reg~lar'wOrk da~'~n!ess.they have the r'supe~isor, s approval. Each employee :must'be adv sod of the oft(lcial start an~t b'r~ciing:fime of'thei~ deDa~tt~ent'S ~vort~ day. The follow ng types of pay are not included in determining the time and a half rate: 1. Discretionary bonuses pa d n recognition of services performed during certain periods. 2. Payments made for benefits. Employees whose regular work week is less than 40 hours are eligible for overtime pay if they work more than 40 hours in a work week. Some exoeptions for the Reoreation department summer program employees exist based on the FLSA. The sworn re'embers of the police and fire departments are covered under the FLSA 7k provision. bargaining unit contracts for details. Compensatory Time (Non exempt employees only) The City has adopted the following schedule that is in compliance with FLSA for non-exempt employees. All compensatory time must I?ave prior approval of the individual's supervisodmanager. Non-exempt: Compensatory time is used at the same rate the overtime rate would be paid (see overtime). Compensatory time must be used within a reasonable time from the time it was earned (within 30 days). Employees cannot carry forward a balance past this time. If the employee has not used the compensatory time within the 30 days, he/she must be paid for the time at the appropnate rate of pay. There are no exceptions to this rule unless so stated in a bargaining unit contract. 1/1/o2 10 ADDITIONAL INFORMATION Holiday Pay Employees shal be. paid for City of Boynton Beach designated legal holidays (see Appendix A for ho day schedule). Those Called to work shall also be paid for time worked as prov de~i. Hourly rate employees must work their full regular work days immediately before and after the holiday or De in an author zed PaY status on their full regular work day immediately before and after the holiday to receive pay for the holiday. Part-time, temporary and emergency appointed employees are not e~igible for holidays with pay. Exempt employees that are required to work holidays are to be treated in one of two ways: 1. Be paid for the hours worked on the holiday at straight time plus holiday pay. 2. Be pa d for the holiday,a?d-be given the hours worked on that holiday as stra ght time or as compensatory time to be Used wthin 30 days of the date earned. Vacation Leave Pay Vacation leave will be paid at the employee's regular rate of cay. Employees will accrue but are not entitled to paid vacation time until theyhave been employed by the City of Boynton Beach for six months. Consult the vacation policy for the acoruat schedule. Employees who have completed at least six months of serwce and then leave the City's employ, will be paid for any unuseo acc rued vacation time. Sick Leave Pay Sick leave will be paid at the employee's regular rate of pay. Employees will accrue sick time each pay period and may take the time as needed upon accrual. Forty hours per year may be taken forthe illness of an immediate family member, and will be subtracted from me employee's sick leave bank. Employees who have completed at least 5 years of service and then leave the City's employ, will be paid for any unused accrued sick time at a pementage based upon completed years of service. Consult the sick leave policy for the accrual and pay-out schedule. Leave of Absence Etigible employees who have completed their probationary pedod may request unpaid leave for personal reasons after using applicable paid leave. Requests for leave must be in wdtin§ Leaves of absence without pay of up to 30 calendar days can be approved by the employee's Department Head and the Human Resources Director. Leaves of absence in excess of 30 calendar days must be approved by the City Manager. Employees are expected to continue to pay for any benefit premiums, including their own personal coverage, while on leave without pay by sending premium payments to the Finance Department. Tuition Reimbursement Bargaining unit contracts may vary. The City will provide reimbursement for tuition and books for any full time regular (completed their years probation) employee who chooses to attend an accredited college or university See the Professional Development program manual for full policies and procedures. 1/1/o2 11 Workers' Compensation Whenever an employee is totally disabled from duty for a period of no more than seven (7) calendar days because of an injury determined to be compensated under the provision of the Workers' Compen§ati0n ACt~. h~/sl~ Shall be eht t ed tO fu ragu ~r p~y~ ' If the period of disab I ty is greater than seven (7) ca eddar days the emp oyee w be e g b e to receive compensation equal tO the-d~fferenoe between his/her Workers' Compensation check and his/her normal net take home pa~. The workers' compensation insurance c~ebk wi ~ot n~cessarily be delivered onthe reguiar pay.date, The inj~red (~ ,mpl~Yee will be elig ble to receive the sa ary supp ement.for a period ~ot to, eXCeed thlee (3) me~th¢ ~rbm date of injury. At the end of the three months'or sooner, .the~R!sk Manag~r~ Dap, artmen( Head and -Human Resources Director will review~he case for a determinat en Of the er;n~loyee s pliysiCal'al~ility to peff0rm his/her City employment a~d exter~d the' s~la~ sQ@p~J~ent:,-A. ~ndati~ni~or.. actio~ Will be s"bmitted to the Cty M~qager for approvaJ. A rep0~, fr0i~!iie City's. ¢~i!, ysi~i~n: . and the, .,emp,. oyee's, attend ng_ physician will be constde(ed along with all other ~levant fact0rs. In no case ~11 the salary supplement be extended beyond six (6) months from date of injury. DisabiliW Employees who are on disability leave, i.e., medical, workers' compensation, etc.. will have thei~ positions held for a maximum of 6 .months from the date of injury or illness. If the employee fails to ~omply with any provisions requ red by the carrier handling the ~ aim they w I wa ve the r r ghts for reinstatement in their open position or any other position. Emer.qenc¥ Cash-In of Vacation and/or Sick Leave Time (Bargaining unit contracts may vaq/.) Employees faced with sudden extraordinary cimumstances of hardship who have in excess of 40 hours of accrued vacation are eligible to request emergency cash in of vacation. If approved, an employee may convert up,to 80 hours to cash (less applicable taxes) provided they have 40 hours remaimng in their vacation accrual account after the cash-in. Conversions must be done in increments of one work day. Employees who do not have enough vacation time to use for the total amount of emergency cash may consider including sick leave hours. Sick leave hours cash-in will be calculated at 50% of the employee's hourty rate. The total of vacation and sick may not exceed 80 hours and vacation hours must always be used before sick hours. A request must be made in wdting outlining the emergency and submitted to the Human Resou roes Director on the appropriate form, A committee comprised of the City Manager, Finance Director and Human Resources Director will then review the request and approve the requested hours in total or modified as they see fit. This benefit can be used only once every two years. At the discretion of the City Manager. the time limit rule may be waived if there are exigent circumstances. 1/1/02 12 Sick Leave Transfer of Time t Donated Time'~ A full-time employee WhO is out for an extended personal ihness and has depleted both their sick leave accrual and vacation leave accrual may ask their depar[ment manager to request donated sick time from other members of their department. If the employee is still unable to return to work after all department donated time has been used, the department head may request the Human Resources Director to request donated sick time from the general employee population. EmplOyees wishing to donate time may use either accrued sick or vacation time, but must have 120 hours remaining in the contributing oank after thedonation. Donations must be made in 4 hour increments. Workin.q Out of Class - Administrative Policy Manual 6.5.1 When an employee is qualified for and is temporarily assigned the authority, duties and responsibility for a position allocated toa higher classification, the employee shall receive an increase in salary ro the minimum of the class temporarily assigned or five percent (5%) over the employee's regular rate of pay, whichever is greater. All out of class assignments must be made by the supervisor and receive prior approval from the Department Head, All out of class paymentsshall be based upon ~. regular and continuous assignment and shall be p~id for alt time worked in the position, once the employee has continuously pedormed the additional duties for a minimum of two consecutive weeks (80 hou rs). Such payment shall be made only for the time the employee is actually performing the higher level duties and will be retroactive to the first day the employee assumes the positio~ The provisions of this paragraph will not apply when oerforming the.duties of the position allocated to a higher classification for the purposes of training, or if the issue of working out of class is covered-by a collective berga n ng agreement. Employees day not assign themselves tO work out of class. Employees may be assigned to a sC t of the duties in the higher class fication, however, such split must be evenly divided I~etween employees. Compensat on sha] be split evenly as Well. Upon release from duties and responsibilities of the position ass gned to a higher classification, the employee's salary will De reduoea to the rate the employee would be receiving had the temporary assignment never been made. Working Out of Class has no correlation to position reclassification and should not be confused with or considered as such. Unauthorized Absence From Work Unauthorized absence is defined as failure to meet the assigned schedule and/or failure to notify the department as required. If an unauthorized absence continues for a period of three (3) working days, the department head may be consider the employee as having abandoned the job and given a voluntary resignation. Resiqnafion/Termination Pay There is no termination or severance pay, except payment for accumulated sick and vacation time as otherwise provided by policy. For additional information on resignations and terminations, refer to the Personnel Policy ManuaL, section Viii. Note: Some individual letters of appointment may include termination pay provisions. 1/1/02 13 Pay Plan A: Non-Exempt Positions 1/1/02 1 4 L Pay Plan B: Exempt Positions 1/1/02 23 L L X x x I.iJ ill Pay Plan C: Firefighters 1/1/02 31 I Pay Plan D: Police Officers Police Sergeants Police Lieutenants 1/1/02 33 Appendix A: Holiday Schedule Pay Periods - Pay Dates 1/1/02 35 2001 - 2002 HOLIDAY SCHEDULE Holiday Veteran's Day Thanksgiving Day Day After Thanksgiving Christmas Eve Christmas Day New Year's Day Martin Luther King Jr. Day President's Day Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Day After Thanksgiwng Christmas Eve Chris'~mas Day New Years Day Observed 2001 Thursday, November 12, 2001 Thursday, November 22 Friday, November 23 Monday, December 24 Tuesday, December 25 2002 Tuesday, January 1, 2002 Monday, January 21 Monday, February 18 Monday, May 27 Thursday, July 4 Monday, September 2 Monday, November 11 Thursday, November 28 Friday, November 29 Tuesday, December 24 Wednesday, December 25 2003 Wednesday. January 1, 2003 1/1~2 36 2001 - 2002 PAY PERIODS - PAY DATES Pay Period Pay Date SepTember 24 - October 7 Paychecks will norm~u~y be distributed on Friaay foltowj0g the ;lose of the pay pedod. Pay distribution will be aajuslea to accommodate City o~served holidays or emergencies that on a typical Friday pay aa~e, 2001 1.¸ i October 8- October 21 Friday, October 26 · October 22 - November 4 Friday, November 9 November 5 - November 18 Wednesday November 23 5. / '4ovemuer 19- December 2 Friday, December 7 6./ December 3 - December 16 Thursday, December 21 Friday, October 12.2001 2002 December 17 - December 30 Friday, January 4. 2002 December 31 - January 13 Friday, January 18 January 14- January 27 Friday, February 1 10. January28- February 10 Friday, February 15 11. / February 11 - February 24 Fdday, March 1 12. I February 25 - March 10 Friday, March 15 13. 14. 15. '18. 20. 22. 2~. 24. March 11 - March 24 March 25 - April 7 Apdl 8 - Apdl 21 Friday, March 29 Friday, Ap ri112 Fdday, Apdl 26 April 22- May 5 Friday, May 10 May 6 - May 19 Friday, May 24 May 20 - June 2 Friday, June 7 June 3-June 16 Fdday, June 21 June 17 - June 30 July 1 -July 14 Friday, July 5 Friday, July 19 Fdday, August 2 July 15 - July 28 July 29 - August 11 Friday, August 16 August 12 - August 25 Friday, August 30 Friday, September 13 August 26 - September 8 September 9 - September 22 Friday, September 27 1/1/02 37 Appendix B: Bargaining Unit Job Titles 1/1/02 38 Job Titles Covered by SEIU Local 1227 (White Collar Unit Job Titles) 12~12-01 Unit Clarification Pendinq' All regular full-time employees in the following classifications: 00222 Administrative Clerk 22332 11952 Animal Control Officer* 22232 11942 Animal Control Officer. Sr.' 24232 15252 Assistant Fire Marshall 22322 22302 Building Inspector 22222 22202 Building Inspector, Sr. 11302 04322 Buyer 00292 70252 CADD Technician 00342 46202 Chemist 00232 11782 Code Compliance Inspector 48222 11762 Code Compliance Officer ~ 1752 Code Compliance Officer, Sr. 08222 Communications Dispatcher 08212 Communications Specialist 08201 Communications Shift Leader' 11352 Community Service Officer 70212 Construction Inspector 11342 Crime Scene Technician 00332 Customer Relations Clerk 00312 Customer Relations Clerk. Sr. 00342 Customer Relations Specialist 00272 Data Support Technician 22312 Electrical Inspector 22212 Electrical Inspector, Sr. 08282 EMS Billing Specialist 70262 Engineenng Plans Analyst/Inspector Engineering Technician Environmental Inspector Fingerprint Examiner Forfeiture Specialist/Evidence Custodian Housing Rehabilitation Inspector~ Laboratory Field Technician Laboratory Technician Laboratory Technician. Sr. Library Associate- Occupational License InspecTor Office Assistant Office Assistant, Sr. (except in City Mgr. Office) Permit Application Technician Planning Technician 7O222 44202 11332 11302 25222 46222 46212 46232 30202 26202 OO2O2 00212 22342 24222 Plans Review Analyst Plans Review Analyst. Sr. Plans Review Technician Plumbing and Mechanical Inspector Plumbing and Mechanical lnsD. Sr. Police Forfeiture Spec/Evid. Cust. Police Records Clerk Recording Secretary Secretary (except in Police) Utility Field Inspector EXCLUDED: "All managerial. professional, supervisory, confidential, part-time employees and all other employees of the City of Boynton Beach." 1/1/02 39 Job Titles Covered by SEIU Local 1227 (Blue Collar Unit Job Titles) _ 12-12-01 Unit Clarification Pendinq' All regular full-time employees in t~e followingclassifications: 44231 Assistant TV Specialist 81391 Automated Truck Operator 8.1201 Building Maintenance Mechanic 81211 Building Maintenance Mechanic, Sr. 54201 Bus Driver 8i401 Chief ;Electrician* 82251 82261 82231 82241 82211 82221 82201 81221 81231 81241 81251 56211 56201 56221 63271 63281 81261 81271 04521 61211 61201 81281 63291 41211 81381 82321 81351 82301 82311 81361 61231 Crew Chief* Craw'Chief. Sr.* Crew,Leader Crew; Leader, Sr.' Crew Worker CrewWorker, Sr. Custodian Electrician Electrician, Sr. Equipment Operator Equipment Operator, Sr. Fleet Mechanic Fleet Mechanic. Sr. Fleet Service Technician Golf Equipment Mechanic Greenskeeper Heavy Equipment Operator HVAC Mechanic II Inventory Control Specialist* Lifeguard Lifeguard, Sr. Maintenance Technician Mechanic/Greenskeeper Meter Reader Painter Parks & Recreation Crew Leader* Parks Maintenance Specialist Parks Maintenance Worker Parks Maintenance Worker, Sr. Pipelayer Recreation Leader 04541 Service Writer* 81341 Sign& Marking Technician 04531 Storekeeper 44211 TV Truck Specialist 44221 Uti!~ties ~0cation Specialist utilities Eoca~tion 44241 Spec. ia!ist, Sr. 81301 Utilf~y E~u!pment Qperator 81321 Utility Mair~tenance MechaniC, Sr. 81311 Utility Mair~tenanoe Mechanic' 81331 Utility Service Technician 42241 Wa!er P,~ant LeadOpe, rator' 42221 Water P~"~ ~peratO~,l 422~i I Water Plant Ope~'atortl 42201 Water Plant Qperator¢lll 42231 Water Rlant Process'Technician 42281 Water Process Techr~ician 81291 Welder INCLUDED: "Alt employees employed in the public works (]epartment, utilities department, parks and recreation department. s[ree~ aepar~ment, warehouse eepartment, ti~e greenskeeper, golf course maintenance mechanic and golf cart mechanic in the golf course department and lifeguards below foremen level." EXCLUDED: "AII part-time and seasonal employees, employees of the ~)olice and fire department, all clerical employees, all managerial employees, alt foremen, all supervisors, all technical employees, and lifeguard ca[~tain." 1/1/02 40 Appendix C: Glossary 1/1/02 41 GLOSSARY The following words and terms shall have the meaning indicated unless the context clearly indicates otherw~sa: ADMINISTRAT]VE POLICY MANUAL: the oublication that contains official policy guidance of the City Adminisbration for alt City employees, ANNIVERSARY DATE: an. employee's date of hire or re-hire, whichever is later. CALENDAR YEAR: standard calendar dates of.lanuary I through December 31 of any year. CLASS/CLASSIFICATiON: a position or group of positions hav~ng similar duties and responsibilities, reqU rng Sim lar qda ficatons, which can be propedy designated bYa title inclicative of the n~ture of work and Which ~r~ the same range. COMPENSATORY TIME: time off in lieu of payment for hours worked in excess of 40 per wee,k.. Accrual and usa of compensatory ~ir~e must have the prior approval of the employees superv sor, must be accrued at the rate i1~ was earned (example straight time for straight time, time and one-half for time and oi~erhal0, and must. be in accordance with the Fa r Labor Standards Act. CONTINUOUS SERVICE: uninterrupted employment with the City. CONTRACT EMPLOYEE: either an employee under an individual em ployment contract or an employee covered by a colleddve bargaining agreement. DEMOTION: the assignment of an employee to a position in a lower class having a lower salary range than the position from which the assignment is made. DISMISSAL: the discharge of an employee from his/her position with the City. The terms termination and dismissal are interchangeable. EMPLOYMENT LIST: a list of persons who have been found qualified for appointment to a position in a particular dass. EXAMINATION: any salection instrument(s), technique or procedure used to measure the relative knowledge, skills, and abilities for candidates competing for positions. These may include evaluations of training and experience, performance tests, oral interview, written tests, evaluations of performance appraisals, etc. EXEMPT EMPLOYEE: any'employee whose gosition is determined by the Fair Labor Standards Act to be exempt from (not eligible for) overtime. FISCAL YEAR: the City's financial accounting year from October 1 through September 30 of any year. FULL-q-[ME EMPLOYEE: an employee who is regularly scheduled to work a minimum of 36 hours per week. 1/1/02 42 _lOB Tlq'LE: a definite descriotive designation for a iob classification. NON-CONTRACT EMPLOYEE: any employee who is not employed under an individual employment contract or covered by a collective bargaining agreement. NON-EXEMPT EMPLOYEE: any employee whose position is determined by the Fair Labor Standards Act to be eligible for overtime after 40 hours of work per weeK. OVERTIME PAY: pay for overtime worked in excess of 40 hours per week Certain schedules in Police and Fire may differ. PAY RANGE: a salary range es[ablished by the City Commission with a minimum anc maximum base salary. PART-TIME EMPLOYEE: means an employee wno is scheduled to work fewer than 36 hours per week.. PERSONNEL POUCY MANUAL: the publication that contains the personne~ policies to be followed and applied to all non-contract employees and, whenever incorporated, into bargaining unit agreements or individual appointment contracts. POSI-f~ON: a group of duties assigned to one person or job. PROBATIONARY EMPLOYEES: any employee who is serving ~n a new position either by appointment, promotion, demotion, or reclassification. PROBATIONARY PEP~OD (Initial): a period of twelve (12) months frorr date of hire or Promotion from a part-time to a full-time position. During this period an employee may be discharged, demoted, or suspended without warning or statement of cause. PROMOTION: the assignment of an employee to a ~osition in a higher class having a higher salary range than the POSition from which assignment is made. There is a probationary period of six (6) months from the date of promotion. RECLASSIFiCATiON: the repositioning of a position to either a higher or lower pay grade based on analysis of the responsibilities and requirements of the position. ~,EGULAR EMPLOYEE: an employee who has successfully completed a probationary pedod. 7/8 MINUTE RULE: an employee is not eligible for overtime until he/she has been on the job for more than seven minutes, i.e., at the start of the 8th minute they would then receive 15 minutes at the overtime rate. Likewise if they work 23 minutes they would be paid at 30 minutes overtime or if they work 22 minutes they would be paid for 15 minutes at time and one half. This procedure will be followed if an employee reports to work late. UNION EMPLOYEE: an employee whose position is within a certified bargaining regardless of whether or not the employee elects to pay membership dues to the bargaining unit. 1/1/02 43 Index 1/1/02 44 7/8 Minute Rule. 10. 45 Administrative Leave. 6 Administrative Policy Manual. 43 Administrative Policy Manual (APM. Anniversary Date, 43 Bargaining Unit, 5, 7 Beginning Rate of Pay, 7 Calendar Year. 43 Class/Classification. 43 Compensation Plan. 4 Compensation Rates, 6 Compensatory Time. 10, 43 ContinuousService, 43 Contract Employee, 43 Demotion, 7, 43 Disability. 12 Dismissal. 43 Donated Time. 13 EmergencyCash In of Vacation Time. 12 Employee Definitions. 4 Bargaining Unit. 5 Contract, 4 Exempt, 5 Non-Exempt. 5 Part-time, 4 Seasonal, Temporary, 4 Trainee/Apprentice. 5 Em~31oyment List. 43 Evaluations; 8 Examinatien, 43 Exempt Employee, 43 Fair Labor Standards Act. 5. 6, 10, 43, 44 Family Sick Allowance. 6. 11 Firefighter, 5, 6 Firefighters. 10 Firefight'ers Pay Plan, 33 Fiscal Yea~, 43 FLSA, 5, 6, 10. See Fair Labor Standards Act Full-Time Employee, 4, 44 Funeral Leave. 6 Glossary, 4-3 Hidng Hate, 7 Holiday Pay, 1 Holiday Schedule, 37 Holidays, 6 Job Title. '44 Jury Duty, 6 Lateral Transfer, 8 Leave of Absence, 11 Leave Without Pay, 6 Letter of Appointment, 4, 13 Military Leave, 6 Minimum Qualifications, 7 INDEX Non-Contract Employee. 44 Non-Exempt Employee. 44 Non-Paid Status. 9 Out of Class 13 Overtime. 10, 44 Part-Time Employee 44 Pay Dates 38 Pay Period. 6 Pay Periods. 38 Pay Plan. A (Non-exempt). 15 Pay Plan B (Exempt), 25 Pay Policies, 6 Pay Range. 44 Paycheck Distribution. 6 Performance Evaluation, 8 Personnel Policy Manual ~PPM), 4. 44 Police. 6. 10 Lieutenant. 5 Officer and Detective, 5 Sergeant. 5 Police Officers. 5 Police Pay Plan, 35 Position. 44 Probationaw Employees. 44 Probationary Period, 44 Professional Develooment, 12 Promotion; 7, 44 Reclassification. 44 Reclassifications, 8 Regular Employee. 44 Regular Hours, 6 Resignation, 13 SEIU Blue Collar. 5.41 White Collar, 5, 40 Sick Leave, 6, 13 Sick Leave Pay, 11 Sick Leave Pay-Out, 11 Suspension, 6 TerminaTion, 13 Transfer. 8 Tuition Reimbursement, 11 unaumonzed Absence. 13 Union Contract. 4, 7, 10 Union Employee. 45 Unpaid Leave. 11 Vacation Leave, 6 Vacation Pay, 11 Work Week. 6 Workers' Compeesst~on. 12 Working Out of Class, 13 1/1/02 45 NOTES: 1/1/02 46 Requested City Commission Meetin~ Dates VI'L-CONSENT AGENDA 'rTEM C,4 [] Novernber 20,2001 ] December 4. 2001 [] December 18. 2001 [] January 2. 2002 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office Requested City Comm~ssinn Meetin~ Dates [] January 15, 2002 [] February 5. 2002 [] Febmary 19. 2002 [] March 5. 2002 November 7. 2001 (5:00 p.m.) November 2I, 2001 [5;00 p.m.) December 5, 2001 (5:00 p.m.) December 19,2001 (5:00p.m.) Date Final Form Must be Turned in to Ciw Clerk's Office January 3, 2002 (5:00 p.m. January 16, 2002 (5:00 p.m.) February 6, 2002 (5:00 p.m./ Februar,~ 20, 2002 (5:00 p.m. NATURE OF AGENDA ITEM [~ Adrolni~tmtLx~ [] De~veloprrmm:Plan~ ~ Consent Agenda [] New Business [] Bids [~} l. Infi,i~hed~Busmess [] 2Mlno~t [] Pr. esentafion_ [] City Mansger's Rcpor~ RECOMMENDATION: Approve and formalIy execute the agreement between Pakn Beach County and the City to provide funding to help offset the coststo host the Florida A & M (FAMU) March/ng 100's performance: at;H~rimgeFes~ 2002 .. EXPLANATION: The HeritageF~sf 2002 Committee is seeking support to fund the cost ofho~t[ugthe FAMLx Bamt on Friday and' Saturday; February 22-23~ CountyCommissioner Addie Greene has authorized the allocation of up to $15,000 tiffs effort. pRO~,-~ ,RAI~-~IlaACT: The HeritageFest Committee is planning to feature the FAMU Band during the ~e,:oftl~eBands" that is scheduled for Friday, February 22. The band will also participate in the parade o~_Samrday, February 23. FISCAL ~ ~;~o~m~m~band4s~4~$.000; lodging ~p~es for ~e b~d, w~ch Ms akeady been p~d. ~er expemes ~e itemized ~ the a~achM con~act ~d s~n~ed~ow: a) $10,000 to F~B~d ~ hon~'f~.~p~om~ b) $6,930 mF~.f~~:~ d) $200 to F~ e) $3,000 to F~ forpro~cfion co~ 0 $ I,~'to. F~r d~osit (re~dable g) $11,025 to TR~ET COACH for bus ~spo~afion ~clu~g ~e $7,700 ~st for lod~g, ~ese expem~ tot~ ~40,255. Tbs does not ~clude ~e fo~ow~ exposes ~t will be inched by the b~d w~lo S :kB ULLET~kFOt~/rS~A~A- tEEM REQUEST CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM buffet breal(fast on February 23 roi' 330 band members. InClUding these expenses; the total anticipated cost will equal approximately $45,000 The balanee in the HeritageFest trust fund account (691-000-247.04-84),is $21,280. If total reimbursement is received l~om the County, it will raise the total momes available for the event to $36,280. 'The ~IeritageFest Committee will be charging an entry,fee:for the."Battle of the Bands". Revenue genemted by the entryfee ,a~,,~o~herHeritageFest activities ~will~ be used to offset expenses. A letter of Mutual U~derstanding between t~e.C~ty a~ the Committee ~s attached. ALTERNATIVE~:~~Do not execute the agreement and seek altema~sources. J D~a_rtme~ Bead's Signa~a~ ~ Cit~ Manager's Signature Department Name ~ C~ ~aoffiey / Finance / Human Resources S :~B ULLE Tlt~P, FOILMSk&GENDA ITEM REQ~m$TI? FOPd~.DOC RESOLUTION NO. R 02 A RESOLUTION OF THE CITY COMMISSION OF THE CiTY OF BOYNTON BEACH. FLORIDA, AUTHORIZhNG AND DIRECTING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND PALM BEACH COUNTY, FLORIDA, PROVIDING FOR GRANT FUNDING TO OFF-SET THE COSTS TO HOST THE FLORIDA A&M ~FA_MU) MARCHING 100'S PERFORMANCE AT RITAGE FEST 2002; AUTHORIZING THE MAYOR TO EXECUTE A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND ~A~GEFEST'~/' 2002 COMMITTEE REGARDfNG TTFEIK: 32PPEAKANC~ AT [-[ERtTAGE FEST 2002; AND PROVIDING AN EFFECTIVE DATE~ WltEREAS, ~ roammaendec[ approval of an Agreement between the City of Boynton Beach and Palm Beach County regarding the acceptance of funding FROM tralm'Beach County to~li'etp offset the costs to; hosr the Ftoriela.A&l~ MarcI~ It)O's WltE-RE~ tl~ Agreement. defines thc terrrm and cmxtilSons, for; t~e-City rr~ obtain funding not to exceed $15.000 from the County toward the costs to host the Ftorida-'A&M.March Il)O's performance at HeritageFest 2002; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF~ C['I~ OF~IIOYNWO~' BEACH~ FLORIDA.-THAT: Section 1. The Mayor and City Clerk.are hereby authorized to execute an ~greemem between the Ci~ of Boymon Beactx and patm Beach County, which Agreement is atta~d lieret, a~ F_x I~'~ 'A~. a~welI aaa 1VFerno[ ~t&mrofWn~ ~ Section 22 TFmt tt//s' Resoltrtion shall become, elTe~tive- ~y' aport passage. PASSED AND ADOPTED this ATTEST: Corporate S~d) day of January, 2002 CITY OF BOYNTON BEACH. FLORIDA Mayor V~¢e ~ay~ Commi.gsi~ner P~ESOLUTION EXHIBIT "A"- Page 1 of 4 AGREEMENT BETWEEN PA:LM~ I~EACH COUNTY AND THE CITY OF BOYNTON BEACH FOR FUNDING OF THE, BOYNTON!BEACH HER TAGEFEST 2002 THIS AGREEMENT is made ana entered nto on . by aha oe~ween Palm Beach' CounTy, a political subdivision of the State of Florida hereinafter referrea To as "County" and the Ci~ of Boyn[on 9each. a Florida Municipal Corooration, hereinafter referred to as "Boynton Beach". WITNESSETH: WHEREAS. Bo~ qton Beach. m conJunction with the Heritage Fest 2002 Commi~ee. 91ans ~o present Heri[ageFest 2002 on Februa~ 23 and Feb~a~ 24, 2002, to Droviae a celebration of African Culture and develop a cohesive bond be~een all ethnicities to form WHEREAS. the 2002 HedtageFest will commence with the "Ba~e of the Bands" 100;; and WHEREAS. [otal expenses for the Florida A & M Marching 100 potion of t~e Heri~,ZQ~e WHEREAS, Boynton Beach has requested from County an amount not to exceed costs for the Florida A & M Marching 100's peEormance in HeritageFest 2002 in an amount not to exceed $15,000: aha WHEREAS, funding for said program in an amount not to exceeQ $15.000 is W~R~S, Boynton Beach's special ~mmun~ even~ are deemed to se~e a pubi[c purpose; and the H~it~ 2~2 ~ h~ ~ RESO~'.~TION EXHIBIT "A" - Page 2 of 4 cnar[er Buses. trucks to transpor~ instruments and oroauouon and hotel rooms hereinafter "eferred [o as the "Event" 2, Courtly will use its best efforts to provide said funds to Boyn~on Beach on a reimbursement basis within forty-five (45) days of receiBt of the following '~formation: a. A written statement that the Event has been comBleted: ane b. A Contract Payment ReQuest Form and a Contractual Se~ices Purcnases Schedule Form. aEached hereto and made a pek hereof as Exhibit "B", wmcn are required for each an~ evew reimbu~ement reques~eQ Dy Boyn~on Beach. Said information shall list each invoice paid by Boymor Beach and sffall include the vendor invoice numuer: invoice ~ate; and the ~moudt paid by Boynton Beach along with the number ~nu invoke paid by Boyn~n Bea~ ~ong ~i~ a ~y of ~e re~ec~ve check eno sna~ make ~.,F~ Boy~ ~:~*~andal;~:~ the sp~t by ~ ~a~ on ~e Event and shall also ce~i~ ~at each vendor invoi~ as ~proved by Boyn~n B~ch as ~a~d. c. ~'en¢ e~s ~e ~e~ ~t~ by ~vem~ 15, 2~1: ~o~ ~ in~ff~ by Boy. on Beth f~ ~'e E~nt ~d appmv~ and submi~ ac~rdfngly by Boymon Beach subse~ent to Nove~er15. 200~ am elig~t~r ~mb~t by Coun~,~ant to ~e ~ ~d d. Recreation Assistance Program ~nds may be used as a mat~for other [~ ~er F ~-~[ p~. but ~ynt~ B~ may not s~m~ ~im~ment re~burs~nt for ~e s~e expenses. 3. Boron ~ ~ it ~ by..~ ~vemed by, atl apple Coum~$~.~tirtance-~ a~said' Pewsenef ordinartce~ exist and- areame~eed fromctime~e time. In efYeerk~_;.~ this A,g~,~.m~ Palm Beach Coumy. cb:~ not w~-e- the. req uireme nts af a[tyCounty or local ordinance RESOLUTION EX~TBIT 'A" - Page 3 of 4 or licenses which are normally requ[r, ed to conduct business or activity conducted By Boynton Beach,' Failure:to comply may result in County's refusal to honor reimbursement reouests for the Programs 4. Boynton Beachwarrants and represents that all of its employees and participants ~n the Programs, as delineated in Exhibit "A" attached hereto and made a part hereof, were treated equally wl[nou~ regard to res!dency, race, color, rehglon, sex. age. disability, mar~al status, sexual orientation, national odgin, or ancestW. 5. Boynton Beach shal] Drovide accounting data to County for same on or before six months from the ex~ution of this Agreement by both pa~ies ~ereto. 6. The term of this Agreement shall be until six months from the execution of this 7. Prior ~ e~oa of ~ee~t by~e C~ty, Bayn~a B~ ~[ provide setfi~~Roy~,[u~,-~s ~e5 B~mB~b~s~f, ~fing the te~ of,~is Agr~t:~y ~ension hereof. ~intmn in f~l fomea~ effe~ self insured B~-~m. ~e perm[~ wbh respect to ~e above ~erag~, su~ p~[~ s~ include Palm Beach ~un~ as additional insured and shall contain a clause providing the ~w~ I~st ~i~ (30) days prior notice in the ev~t of canceita~, non~enewal. or ma[edal adveme change ~n ~vemge. Compliance with theforegoing requirements shall n~ ~y~ton Bea~ ¢ its li~ ~ ~liga~o~s u~m ~ ~m~t B~yn~ ou[ of aQy B~ a~ ~ om~on of Boynton Beach to the extent the insuran~ descdb~ in~ pa~h ~i~ ~ ~v~'~- ~g in ~ ~graph shall RESOLUTION EXHIBIT "~A" - Page 4 of 4 forth herein. -. 9, This Agreement shall be govemeo Dy the laws of the State of Florida and any ano all legal actio~ necessary [o enforce this Agreement snail t3e ne~e in Palm Beach County. 10. Any noticegive[! pursuant ¢o the terms of this Agreement shall be m wntmg ane mane delivered or se~ by U,S. Mail. All ~ou~s snail oe addresse~ to the following: As to the County: Director of Parks and Recreation Palm Beach County Parks and Recreation Oepa~mem 2700 Sixth Avenue South Lake W~ Florida 33461 As to Boynlon Beach: ~creat On ~rector P.O."~ox 310 IN WITN~S.~EOF. ~e ~ders~n~ paKies have signed t~s A~r~ ~ ~e~~Writ[~,. ATTEST: DOROTHY' H., By: Depu~ City ,Clerk APPROVED AS TO FORM AND LEGAL, SUFFICIENCY By: County Attorney PAI. M'BEACFFCOb'NTY; FLORIDA, BY ITS' BOARD OF COUNTY COMMISSIONERS By: War~en H. NewetL Chakma~ By: Mayor: APPROVED AS TO FORM AND LEGAL SUFFICIENCY By:. City Attorney APPROVED:AS TO TERMS ANDC-OND['LqONS' By:. Dennis L. Eshleman. DiCector Parks~a~c~ Recreation DepaF. me~ AGREEMENT RXRIBIT "A" - Page 1 I Beach of LeisuPe Sera, ices of 2 0%, of ~a,nt~ ~e~ch P.O. ~ 310: Boynta~ Beach. Fu 334Z5-0310 Phe.~ ~561) 74Z**6Z44 Stcu't Date: ASAP RELEASE Stop Date: Febr'uar'y 24~ 2002 The City of Boynton Beach proudh/ p~esents HeritageFes? 2~2. ~e public is cordial~ invited to a ~er, 1~1 N. ~t BI~. ~,F~Z3,~II~~P~l~ ~.~ orJent~ cuJtueal ex~Pience you're sure to enjoy and apprecJ~e. ~~~. ~. s~. b~ 4~ Uve E(m~r~me~t~t~ ~ M~ e AfP,~c~. ~'ts m~4 ~aftS, ~ Rb:le~ Fac~ PaM~mg of 2~ 2002 100 E. BoyntonBeach Boulevard P.O. Box 310 Boynton Beach, FL (561) Emai October 15, 2001 Board of County Commissioners At~: 301 N. Olive Avenue i2th West Palm Beach, FL 33401 GENERAL IN~OBMAX~ON Organization: w~ITAGEFEST 2002 (The City of Boynton Beach/ Mailing Address:~ P.O. BOX 3L0 BoynScn-Be&Ck~ EL 33.4~5~3i.~. Physical Address: 100 East BoT~to~' Beech' Blv~% "I~arc~i:~IO0~ theCi~y-of Boy~%o~ ~Beach--Heritag~Fe~t:-Z0O~Ls uequesting $45~0~0. The band will perfc rm 5wo days 5herefore the University has requested a $20,000 honorarium (scholarship fund). The band director has reque~Eed-eight (8~ chartered ~uses ($'17,500~-ro ~ransport hi~3~~ membe= band, (4) Trucks to 5ranspor5 their instruments & production ($2,$UU~, 130 rooms @$75 per room for two days ($19,500), and S2I per diem per ~erson. fo= t~od~ys City is therefo~,~ c~sck~s should be made payable ~o: Cit~, of We Ibok forward ~o finalizing this ~nture h~-~er~.Zg, 2001. ~k you in a~ for your ~/g{ephanie ~g~cKoy, Ch~Oma-n ?AbM BEACH COUNTY AGP~EEMENT EXHIBIT B PARKS AND RECREATION DEPARTMENT CONTRACT PAYMENT REQUEST Grantee Billing #_ (Date) Project BlUing Period Item Contractual Service Salary and Wages % of Salaries) Materials. Supplies, Direct Purchases Gm.t~.= 5t~ck Don~ea~ Prope~ Infi~ Coss T~A/P~JE~ COSTS C~fi~: Lh~~e ~g ~co~l~s~ in~a~,pm~ Project Costs This Billing Cumulative Project Costs Certf 'fication: Iher~ cerdfv tha~ ~ke ctocume~ tation:h~sbee~~ mah-rta/med-as recruited to suppo~ me ~o;~ expense~ repotted, abo~e: a~d; Ls able for audit ~upon request. Administrator/Date Financial Officer/Date 1 PBC USE ONLY Tota! project costs tc date County obtigatfon to date C'~,"~t, retai, a~ ( "~-- Cau~¥ fi~mi~pmvfo~'s~¥ d~bursed~ $ PBC P rojec~ ;~drnfrristrator/Date 1 OF2 RESOLUTION EXHIBIT "B" Page 1 of 2 MEMORANDUM OF UNDERSTANDING HeritageFest 2002 Committee "Florida A & M (FAMU) Marching 100's" This Memorandum of Understanding made and entered into this day of , by and benveen Heritage Fest 2002 Committee, hereinafter referred to as "Committee" and the City of Boynton Beach, Florida, a Municipal Corporation. hereinafter referred to as "City" whose address is 100 East Boynton Beach Blvd., Boynton Beach. Florida 33435. WHEREAS, the City is entenng into an agreement with Palm Beach County for Funding of the HeritageFest 2002 to offset the Cost of hosting the FAMU Marching 100's. NOW THEREFORE, .tl~ parties ~ m impteme~rr th~n Mamomrtdmm_af Understanding ~ folIows: 1. ~ageFe~' 2~2 ~ ~.~a~ ev~t h~ ~' ~.C~ of Boston Be~'~ conj~cfion wi~ ~e,H~t~eFest Co~i~e~ ~c~ ~e City provides ~ding ~d acts'as~ ~ Fis~ A~ for t~e evmt. ~e Commi~ee ~ r~ponsibte for ~e org~on ~d ~pl~mfion of ~ B~" on F~y, Feb~ 22, 2~2. ~ Ci~ s~II emer ~to ~ a~ement ~th P~' Beach Co~ m ~e reimbmemem for up m $15,000 for expenses related to h~ting ~e F~ M~c~ng I00's. The Commi~ee will ~e ~ ~e revue generat~ by ~e "Ba~ of ~e covered by ~ds avm~ab[e for ~ageFe~ 200Z 5. ~e Co~e a~ees to abide by ~t ~a~e ins~ctions listed in ~e ~~I~:~C~ a~ ~e CiW, ~ ~t City, State ~d RESOLUTION EXHIBIT "B" - Page 2 of 2 1N WITNESS THEREOF. the parties hereto have caused this Memorandum of ~ Understanding to be executed on the day and year written above. - ~ CITY OF BOYNTON BEACH By: Gerald Broening, Mayor Date HeritageFest 2002 Chairperson Date Ca/agreemen rs/MOU-HeritageFest' 2002~ County Administrator November 2!, 2001 Mr, Wally Majors. Recreation Superintendent 'Leisure Services Depar[ment City of Boyn~on Beacl" P.O. Box 310 Boynton Beach, FL 33425 RE: BEACH Dennis L. Es;hleman, Director Parks and ~creation De~ DLEEEW~'~ Attachments Copy Commissiorrer Addie L. Greene¢ Distrfcf: T Kurt Bressner. City Manager Stephar~e Mingo-McKoy, Chiarworrran Mike Martz / / NOV 3 i 230t N ASSISTANCE PROGRAM -iERJTAGEF~S1TM -- FAMU the allocation of an We have at~acneo two originals Expenses instruments aha. 1. :ainoe expenses for the event nave :the Board~ of~ wiffeiso and commercial auto Susan Yinger. Con[ractJGrant Greene and the Boaro of r this assistance to the City of TOTRL P. 82... Florida A&M University Bands ~ customer ame M.~s, S~ephanie McC<;~' Address aeynton Beach Fk3fida for s~uden/s to purct'~ase meals en February ;22-23, · Check to be made.payab[~[o Dl~v~a~: ~. WhEe Re.ta~ of tnJck- to tr~rmport large equipment for Check to be made p~yable to F~odde A&M UniverSity, Invoice Order NO. INVOICE- - 12/19/01 _.TOTAL fBe. nd. Check to be made payebte m Fforide, A&M University. Tax~ Subtotsi TOT, J~i.- I iOffice Use On~y $21,530.00 . $0.00 . $2~ ~3o oo I' Florida A&M University Bands 1500 Ma~n Luther King Blvd. T~Hahassee, FL 32307-4400 Invotee No, INVOICE 319 Make e. va~able and p&y ~er 1-(~;~o.,ms for the ~[g~h[ of February Buffet 'Breakfast on F T-- Offfee Use Only VII.-CONSENT AGENDA ITEM C,5, CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested Cily Commissmn Meetin~ Dates November 20.2001 [] December 4. 2001 [] December I8. 200t Date Final Form Must be Turned tn to City Clerk's Office November 7. 2001 5:00 p.m.) November 21. 200t (5:00 p.m. December 5, 2001 (5:00p.m. Requested CitT Commission Meeting Dates ~ January I5. 2002 [] February 5, 2002 [] February 19, 2002 Date Final Form Must be Turned in to City Clerk's Office January 3, 2002 (5:00 p.m. ~ January 16. 2002 (5:00 p.m. February 6, 2002 (5:00 p.m.i January 2. 2002 December l9. 2001 (5:00p.m.) [] March5,2002 February 20, 2002 (5:00 p.m.) NATURE OF AGENDA ITEM [] Admimstranve -"] Development Plans [] Consent Agenda [] New Bus/ness [] Public Hearing ['- Legal [] Bids I-- Unl'mished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Approve Resolution to ratify the Memorandum of Understand/ng between ~e City of Boynten Beach and the National Conference of Fireman & Oilers, SEIU, AFL-CIO. CLC, Local 1227, (White and Blue collar uaits i. EXPLANATION: The parties entered/nto negotiations to resolve several issues, mclud/ng unlOlementatiun of the performance/pay sysmm, implementation of a dress code. tuition reimbursemant and thsurance benefits. A tentative agreement was reached per the Memorandum of Understand/ng attached, which is before the Commission for ratification at this time. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: Department H~cl'~Xaignature City Attorney's Office Department Name City Manager's Signature City ~ttom%~jl~{nar~c~/Human Resources S:~BULLET1N~ORMSLA. GENDA ITEM REQUEST FORM.DOC RESOLUTION R02 - A RESOLUTION OF ~THE CITY COMMISSION OF THE - CITY OF BOYNTON BEACH. FLORIDA, RATIFYING A MEMORAxNDU2vl OF UNDERSTANDING BETWEEN THE CITY OF BOYNTON BEACH. FLORIDA AND THE NATIONAL CONFERENCE OF FIREMEN & OILERS SEIU. AFL-CIO. CLC~ LOCAL 1227 (SEtU) TO RESOLVE ISSUES OF DISPUTE BETWEEN THE PARTIES; AUTHORIZING THE MAYOR TO EXECUTE THE MEMORANDUM; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach and the NATIONAL CONFERENCE OF FIREMEN & OILERS SEIU. AFL-CIO, CLC, LOCAL 1227 (SEIU) have successfully concluded impact bargaining regarding several issues of dispute between the WltEREAS, the Memorandum was ratified by the Bargaimng Unit of the and WItEREAS, the City Commission of the City of Boynton Beach deems it to be in ,~ residents and citizens of the Ci.ty to ratify this Memorandum and gx¢cute the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION DF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach. Florida does ~ the Memorandum of Understanding between the City of Boynton Beach and CONFERENCE OF FIREMEN & OILERS SE1U. AFL-CIO. CLC, LOCAL 1227 (SEIU). attached hereto as Exhibit "A" and authorizes the Mayor m ~[emorandum, Section 2. This Resolution will become effective immediately upon passage. PASSED AND ADOPTED this day of Sanuary, 2002. CITY OF BOYNTON BEACH. FLOPdI)A Mayor Vice May6r Commisgioner Commissioner Commissioner ~TTEST: City Clerk (Corporate SeaB s:ca\reso\agreements\SEIU MOU122101 RESOLUTION EXHIBIT "A" - Pa~e 1 of 2 MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding is entered into between the City of Boynton Beach; Florida and Iqational Conference or, Firemen & Oilers, SEIU, AFL-CIO, CLC, Local 1227 (SEIU) The purpose of this Memorandum of Understanding is to resolve issues of dispute between the parties .and to reSolve conclusively the matters addressed herein to the extent of any confh'ct between this Memorandum of Understanding and the terms' and conditions of the Collective Bargaining Agreements bern, can the City and the Blue and White Collar Units, this Memorandum of Understanding will prevail. In consideration of the mutual covenants expressed herein, the parties agree as follows: Implementation of Performance/Pay System. Notwithstanding the provision of the current Blue Collar or White Collar Collective Bargmning Agreements regarding implementation of the performance evaluation system~ the implementation shall be deferred one year. In lieu of performance based increases for fiscal year 2001-2002, all members of the bargaining unit will receive a 3% base wage adjustment the first pay period in March; 2002. Members who have reached top out pay shall receive their increase as a lump sum and not into base. Dress Code. SEIU withdraws its request to bargain or impact bargain the implementation of the City's Dress Code Policy for non-uniformed employees, a copy of which is attached as Exhibit "A". Tuition Reimbursement Program. Bargaining Unit Members are eligible for participation in the Ci~s Tuition Reimbursement Program, a copy of which is attached as Exhibit "B". ~The Collective Bargaining Agreements provide that first evaluation period under the City's pay for performance program shall commence April 1, 2001 and end March 31, 2002. It will now commence April 1, 2002. RESOLUTION EXHIBIT "A" - Page 2 of 2 Insurance. SEIU withdraws and waives any request to bargain or impact bargain, or to file a grievance over changes to the Ci~s health insurance premiums and program changes to the HMO, PPO and POS for fiscal year 2001-2002. Ratification. This Memorandum of Understanding shall be submitted to the City Commission, the Blue Collar Bargainmg Unit and the White Collar bargaining unit for ratification. NATIONAL CONFERENCE OF FII~MEN & OILERS, SEIU, AFL-CIO, CLC, Local 1227 (SEIU), CITY OF BOYNTON BEACH For Blue and White Collar Units BY: BY: DATE: DATE: MEMoRANDuM OF UNDERSTANDING EXHIBIT "A" - Page 1 of 2 CHAPTER: 06 SECTION: 05 SUBJECT: 02 PURPOSE CITY OF BOYNTON BEACH, FLORI DA ADMINISTRATIVE POLICY MANUAL Policy No. 06.05.02 Page 1 of 2 Human Resources Policies Adm!nistrative Directives Dress Code Policy To establish a Dress Code Policy 'that will exemplify a p, rofessiOnal attitude toward providing oU'~s~tanding d~tive~' b~ se~i~e and. to '~'eme;d'St~te pbrsonal" ,eniplbyee ;:ommitr~ent to the highest st~cla~ds of'e;xcellence. SCOPE The City of Boynton Beach considers proper dress, personal appearance, personal cleanliness and safety, a part of each employee's job and shall be consistent with assigned duties and responsibilities. Clothing: shall be businesslike and shall be maintained n good repair, clean and pressed. An effective dress and grooming policy will contribute to creating a positive public image, establishing a consistent identi~y for customers and setting the tone for the workplace, POLICY The dress code may vary for different depar[ments regarding proper dress based on assigned duties and responsibilities or essential job functions. This policy may supersede department policy based upon the determination of the City Manager. Office personnel shall dress in appropriate, professional attire and present themselves in a professional manner when on the job. In departments where uniforms are provided, the uniforms shall be worn during working hours in accordance with the dress code policy of the department. All uniformed personnel shall wear uniforms in the manner they were intended, in good repair and maintain a neat appearance. 4. Maternity wear shall meet the same general standards as other attire. Fridays are the- same as the rest of the week. Friday is not a "dcess down" or "casual day". Please exercise common sense and dress in an appropriate and tasteful manner. Do not wear anything too tight, too loose, too sloppy or too short. (Short is defined for women as anything more than three (3) inches above the knee). Upon request, the department(s) will review providing apparel to the employees, based on the function(s) performed in the department MEMORANDUM OF UNDERSTANDING EXHIBIT "A" - Page 2 of 2 City uniforms and uniform items (shirts, oants, jackets, etc) should be worn only during busi ness hours or when City business is to be conducted after hours with appropriate approval. The followl ng is a guideline to follow: ACCEPTABLE Dress slacks. Dockers. or khaki pants Dresses. suits City issued logo shirts Golf shirts Only City issued caps Appropriate footwear based on safety and task NOTACCEPTABLE Shorts, jeans, capri pants and any denim type clothing Dresses and skirts that are shorter than 3" above the knee cap when standing Strapless dresses, sundresses tube or tank tops, halter tops or bare back tops Stirrup pants, leggings, sweat pants, leather )ants. overalls or athletic wear Tee Shirts or clothing with advertising promoting tobacco, alcoholic beverages, or local businesses, vulgar, suggestive. offensive or indecent messages Clothing of any fabric, type or fit that is too revealing, better known as "see through" Athletic shoes, flip-flops, thongs, or sandals Exceptions: The Department Head and City Manager may make exceptions to the dress code policy for special days such as holidays, or special occasions. Exceptions shall be considered regarding specific job duties and responsibilities, but shall always follow the rule of business necessity. Employees may be allowed to "dress down" with department head approval, when working on temporary projects or assignments, ~.e., moving of an office or a temporary project. Department heads and all supervisors shall compliance of their respective departments, consistent enforcement of the dress code policy. be responsible for the dress code Open communication ~s the key to Should an employee come to work in inappropriate attire, he/she is subject to progressive discipline and the employee may be sent home to change clothes if the attire is in violation of this Administrative Policy. An employee will be considered "off the clock" if he/she is sent home in violation of this policy. The Department Head and Human Resource Director shall make the final determination in questionable situations. Effective Date: October 15. 2001 Bressner, City Manager Procedure No: Rev: 000 Supersedes: Page -1 - of 5 MEMORANDUM OF UNDERSTANDING EXHIBIT PD - 0003 Date: ~ Date: None -[uman Resources "B" - Page 1 of Prepared by: ~ Professipnal .Developmen[ Approved by: Arthur Lee. Director of Human Resources Date: TUITION ASSISTANCE PROGRAM 1. PURPOSE: Define~ the Tuition Asss,tance.Progra~m which reimburses eligible employees for successful C(~pl~ioi~ ~f ~pP~0ved ~b~h~.t~;~."$1;5~O;Qo cap for Associ~te::~gre'~s; e, $2,0o0~.00 ~p for Bachelors?.deg~-e~ arid i~.a ~':~;~(~o'r~p :for grEd~ate' de,Fees pe~:fiscal !yea~. fo~ ~jition ~nd bO°ks` TIi~ Cify rn~l~, ~6 ~com~Jtment {o erdplo~e.~'.that'adv~ht~ing their- edGcatfon will ~result in e~ther a premofion Or pay inc~easb. 2. SCOPE: The pr0vis OhS of this procedure,shall apply{o all full time non-bargaining unit employees who choose to attend an accredited Coliege Or universit~ to pursue an approved degree course. 3. LIST OF RESPONSIBILITIES: 3~1. A fu tree, non-bargaining unit Employees 3.2. Division Heads 3.3. Department Managers 3.4. Tuition Assistance Coordinator 3.5. Professional Development Manager 3.6. Human Resources 4. DEFINITIONS: 4.1. Full time, non-eargaining unit employee - an employee who has completed one year of service with the City after hiring or promotion to full time status. 4.2. Tuition Assistance Coordinator -- Assigned designee from Human Resources, who coordinates the Tuition Assistance Program and counsels employees as needed. 4.3. Professional Development Manager - Assigned person who supervises the Tuition Assistance Program. 4.4, CAP - Upper limit on dollar amount which the City shall-reimburse. 5. :REQUIREMENTS 5.1. Eligibility 5.1.1. Applicants shall be full-time employees and meet the following performance and length of service requirements prior to beginning classes. 5~1.2. Full time employees who have comeleted their one-year predation and who are non- bargaining unit memoers. Part-time and Temporary Employees shall not be eligible to receive tuition assistance. Rev 001 Tuition Reimbursement Page -1 - of 5 Date 09/14101 PEP.0003 MEMORANDUM OF UNDERSTANDING EXHIBIT "B" - Page 2 of 5 5.1.3. Employees who are bound by a union contract will follow tne prowsions as laid out in their contract ano shall not oe eligible under the terms and conditions of this Tuition Assistance Policy. 5.1.4. Employees must maintain a mimmum rating of "meets requirements" or comoarable rating in all performance review categories in order to remain eligible for tuition assistance. 5.2. Application 5.2.1. Employees may apply for reimbursement limited to $1,500,00 per AA or AS. $2,000.00 per BA or BS, and $3.000,00 for graoua[e degrees cap per Fiscal Year by completing the Application for Tuition Assistance form (PDF 021) available in the Professional Development and Human Resources Departments, 5.2.2. Application is restricted to tuition and texts only for approved courses required in the program. 5.2.3. Completed applications for Tuition Assistance should be submitted by the applying employee to their manager for approval, then sent through their area s~gnature cycle, including their Division Director and then to the Tuition Assistance Coordinator wno will submit it to the Professional Development Manager and Director of Human Resources for final approval (Approval Cycle). 5.2.4. Applications must be approved by the Director of Human Resources prior to attending the first class to verify the class is eligible for reimbursement. Employees who begin classes prior to approvat by those listed on the Approval Cycle will not be reimbursed. Incomplete applications will be returned to the employee and will delay approval. 5.2.5. Original receipts fo[ tuition and books should be sent to the Tuition Assistance Coordinator as soon as they are available, Reimbursement will not be made without original receipts. 5,2.6. Final approval of all Tuition Assistance applications rests with the Director of Human Resources. Job-relatadness as determined by the City shall factor significantly into the City's decision to approve a given course or program. 5.2.7, Once approved, a copy of the application shall be returned to the employee. This copy should be saved and re-submitted with the original course grade at the end of the course to the Tuition Assistance Coordinator. Courses or books that are rejected from reimbursement shall be noted o~ the copy, 5.3. Selection of courses and schools 5.3.1. Tuition Assistance is granted at the City's sole discretion for individual courses based on course content and job-related factors. Generally, courses must aid employee's to improve performance in their present job or prepare for advancement within the City. All courses in a degree or certificate program shall not be automatically covered. Electives must be chosen to provide the greatest benefit for the employee's current position or a future position within the organization. 5.3.2. Colleges and universities must 3e accredited by the appropriate regional accrediting association, and must ~e included in Florida's Independent Licensed and Accredited Colleges and Universities. 5.3.3. Adult education classes may be considered for Tuition Assistance if a specific letter grade is issued, Tuition ReimDursernen~ qev 001 Date: 09/14/01 POP.0003 Page -2 - of 5 Mi~MORAND~M OF UND~RST~AND~NG EXHIBIT "B" Page 3 of 5 5,3.4. Courses offered by technical or"trade schools should be discussed with the Professional Development Manager prior to registration Employees should first investigate the availability of similar courses from a community college, university, or through adult education classes at local community schools. When similar courses are available at the local college or university, the employee should attend these classes ~nstead. 5.3.5. Colleges and Universities granting degrees by correspondence and/or distance learn ng technot~Jy must be acci'edted a'nd recogni;~ed 'by the academ cCommufiity. The availability of courses at a community co Ieee or four-year university in the. local ~area as well as thb ability bf the empi0yee tb a~end iheSe cias~es, Sha be ~ detei-m n ng factor in approvirlg a correspondence oourse 5.4. Ineligible Courses 5.4.1. Certain courses shall be considered inellgib[e for rolm, bursement Under all circumstances, even if ~hey are a d~g~.e, requ (~ment; EXamples of these types:of C°drs~ are: ph~SiCai education and sex educat On claSses. 5.4.2. Seminars of any kind, shal not be re mbursed under the Tuition Assistance Program 5.4.3. The Tuition Assistance Program shall not cover classes which earn Continuing Education Units (CEUs). 5.4.4. Review courses designed to "coach" the participant to improve their chances in passing a test, such as a CPA examination or college entrance test (SAT), shall not be covered. 5.4.5. Courses which are graded on a pass/fail option shall not be eligible. 5.4.6. Courses which officially began prior to the employee becoming eligible for Tuition Assistance shall not be eligible. 5.4.7. Courses issuing credit for "Life. Exper ence" or Portfolios shall not be covered. 5.5. Materials and Fees 5.5.1. Eligible for reimbursement. 5.5.1.1. One hundred percent (100%1 of tuition shall be reimbursed if a grade of "B" or better ~s earned. Fifty percent (50%1 of tuition shall be reimbursed if a grade is "C." There shall be no reimbursement for courses where the earned grade is below "C." 5.5.1.2. Cost of all approved required books for which an original receipt is submitted shall be reimbursed. Employees may be required tc provide documentation that certain books are required by their professor or inatruc~or, 5.5.2. Ineligible for Reimbursement, 5.5.2.1. The following fees shall be ineligible for reimbursement: activity, administrative, application, course change, entrance exams (e.g., SAT, GRE, GMAT), graduation, health, laboratory, late registration, library, parking, registration, transcript, etc. 5.5.2.2. The following equipment, supplies or miscellaneous costs shall be ineligible for reimbursement: pens, pencils, folders, notebooks, study guides, private tutoring, calculators, tape recorders, photograehic equipment or supplies, computer equipmenl or supplies, software, etc. Tuit~3n Re[mDursemen[ Rev 001 Date: 09/14/01 PDP.0003 Page -3 - of 5 MEMORANDUM OF UNDERSTANDING EXHIBIT "B" - Page 4 of 5 5,6. Reimbursements - Tuition ane Books 5.6,1. Eligible for Reimbursement 5.6.1.1, The maximum per hour reimbursement will be based on the current tuition rates at Public institutions in the area, and is limited [o tuition and texts only for approved courses. 5,6.1.2. The approved copy of the Application for Tuition Assistance form shall be documentation that the employee is eligible for Tuition Assistance in accordance with City policy, in order for the employee to receive a temporary waiver of fees until the eno of the course. This approval does not imply the City will accept responsibility [o pay the employees tuition to the school or any other party. 5.6.1.3, Tuition and Books which are paid by student loans are covered under this policy, Employees must produce proof of student loan if they are not the payee on the registration documentation. 5.6.1.4. Em 21oyees will be reimbursed the difference between the amount covered by non refundable financial assistance and the total cesl of tuition and books up m the maximum of the amount allowed under this policy when the cost of tuition and books exceed the limit of the scholarship or financia~ aid, Employees must provide proof of financial aid and or the value of the scholarship 5.6,2, Ineligible for Reimbursement 5.6.2.1. Courses which are covered under any non-refundable financial aid, including scholarships, and government assistance, are not covered under this policy. Employees may not submit claims for reimbursement for tuition or books which are covered by non-refundable financial assistance. 5.6.3. Terminated employees 5.6.3.1, If an employee receives approval for a particular semester and begins attending classes, but is involuntarily terminated by the City prior to the completion of the courses, the City may at its sole discretion reimburse the covered expenses, The course must have already started prior to the involuntary termination for reimbursement to be paid. 5.6.3.2. Employees who voluntarily leave their employment or are terminated "for cause" will be required to reimburse the City 100% of the tuition assistance received during the 24 month period prior to their termination date. 5.6.4. Submission of grades. 5.6.4.1. A copy of the approved Application for Tuition Assistance form or a facsimile shall be re-submitted to the Tuition Assistance Coordinator along with the 0riginai grade report and any remaining original receipts. 5.6.4.2. Approved applications shall be held for four (41 weeks after the anticipated course completion date. Grades or receipts not presented by this time shall qot 9e reimbursed 5.6.4.3. Employees shall usually be reimbursed for approved courses within four weeks from submission of the final grade report. All reimbursements shall be paid by City check. Date: 09/14/01 PDP.0003 Page -4 - of 5 MEMORANDUM OF UNDERSTANDING EXHIBIT"B" - Page 5 of 5.7. Certificates and degrees. 5.7.1. If a certificate or degree is earnee, a copy must be submitted to the Tuition Assistance Coordinator so that it may Oe included in the employee's file. 5.8. Retroectivity. 5.8.'1. The reimbursement will not be retroactive and will cover only those Classes taken in ~he fiscal year in which it was applied, 5.9. Total disbursement 5.9.1, Tuition Assistance will be granted up to an(~ including available funds n the budget for the fiscal yea~. At no time will reimeursements exceed the available ~'unds in the current f sca ,yearlbudget. RESPONSIBILITY AND AUTHORITY 6.1. Management, at all levels, shall be responsible for enfoming this policywithin their area. 6.2. The inmrpretation and administration of this policy shall be the responsibility of the Director of Human Resources. 6.3. The Director of Human Resoumes, or assigned designee, shall be responsible for the audit, approval and processing of Tuition Assistance application and reimbursement. REFERENCE DOCUMENTS 7.1. PDF-O021, Application for Tuition Assistance Tuition Reimbursemem Rev 001 Date: 09/14/01 PDP,0003 Page -5 - of 5 Requested City Commission Meetm~ Dates [] November 20. 2001 [] December4. 2001 [] December 18, 2001 [] January2.2002 VII.-CONSENT AGENDA ITEM E.1 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Fon'n Must be Turned in to City Clerk's Office November 7, 2001 (5:00 p.m.' November 21. 2001 5:00 p.m. December 5. 200i (5:00 p.m.; December 19.2001 (5:00p.m.) Requested City Commismon Meeting- Dates [] Januau 15.2002 [] February 5. 2002 [] February 19. 2002 [] March 5, 2002 Date Final Form Must be Turned in m City Clerk's Office January 3, 2002 (5:00 p.m.) tanuary 16. 2002 (5:00 p.m. February 6, 2002 (5:00 p.m.) February 20, 2602 (5:00 p.m. NATURE OF AGENDA ITEM [] Admiffiqtrative [2~. DeveIopmentPlxns. ~I Consent Agenda ~ New Bus,ess ~ ~ce~t ~ ~esentmon ~ Ci~ M~ager's R~on RECOMMENDATION: Ptease.plae~thi~mquesto~,the4amuary k5,2002 City ComnnSsionAgenda tm~ ' ' q Consent Agenda. TheConmam/tyt~[edevelopmentAgencyBoard, w/tl~amus'vote,'reco~tthksuI~cr'-' ~ request be approved, subject to staff conditions, changes m staff conditions, and new conditions to reflect changes a:radckes~ a~ fend,or banSer, ai:d~e-southeaat~emergencycc4:ess, p0int4 tI~.requiremenl~ to enhance tl~e pmj~,~c~ m-p~.~ ~ ~ ~-.~_ [andaCal:mag anckdeanrativeproject:s/gnage;;fl~.,,rrl~c~t~n:of~¢comtive,~and/non-spfl~over Hghffnff fixtures; and additional landacaping to be placed'along-Federal l-I/gtiway. For furfl/erdetafls pertaining to th/xrequesr see'attached'Deptt~tment (ff Devek~pmm~nvrrN~>. PZ,t51-242. EXPLANATION: PROJECT NAMF_~ AGENT: OWNER: LOCATION: DESCRIPTION: DAKOCfA LOFTS H. P. "fompkins Chart's Enterprises 3010 S. Federal Highway l~equesr for Site Plan approval to construct 19 mulfifamily town homes, recreation area, and related siteSmF~ovements on.r~vo (2) acres. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: ~ N/A D evetol:nma~Oep~'~m~.Direc~r: S:kBULLF:TINkFORMS~AGENDA ITEM REQUEST FORM~DOC' TO: THROUGH: FROM: DATE: SUBJEQT: DEPARTMENT OF DEVELOPMENT MEMORANDUM NO. PZ02-O04 Chairman and Members Community Red~/~l°Pment Agency Board Michael Rumpf Planning and Zoning .Director .u. sia Galav, A '~dncipal Planner-r.~ January 2, 2002 Dakota Lofts - NWSI~ 01-010 Addendum to Staff Report- ADDE['~2UIVI~:_ This report is the addendum to the Department of Development Memorandum No. PZ 01-2~,2 to th~ CommunitY ~Rede~e~t Agency dated Octobe~ 3t-, 2001. Updated ir r~o n'-i$-~:~o',~te~ regarding~, lf'~a~e,-refererm_,ed-:pro~Sct: At tb.e Bec. ember 1.1., 200¢,.*CRA-mee~i~ the Board tabled the D~kota Lofts site plar~. :~ending:,receipt~of"actch'tior~ab Lriformatio~ from,~the appJi~on a variety of:;gssue~ Sub,sequent to'that meeting the ap,~icanf sbbm~tted:~addftforrai- informatidrr for re, ciew. Orr~ December 2'~, 2001, Mike:Rumpf;'Planning and Zoning Dir~or-formafly requested-that the~apl~cant .respond. t~severaJ remaining items.:, The following is a list of items that were to be addressed by the applicant and the status of the-response., AIFcorrespondence referenced are included;-with this addendum as attachments. In addition, a revised site plan dated December 6, 2001 is included with this packet. 1. Agreements should be~ created / drafted, to the satisfaction of the, developer, regardinG. the curreflt~ artd~.~rop~sed.~wate~ service for the ~resider~ts-trow .u~g the., well(s) on the subject property (comment addressed, see Holland & Knight letter item 2.A.). 2, Agreeme~ts.s/~zutd. be ccea&~.~.drai*~cL ~f~,~:3~.Qf Lhe~e~e~...for the continb~I~ us~LeP:~the- exist, de~/,s. !ocmecb ~ the Finger ~.~.-the subject 3. Tbe. buiIdJng.eJevag, on~.fcop, ting.on U_S. 1.{~zes~L north, and. sou~b) sbouJ([ be.r.e,v, ised.. to incorporate more' u~chitectural detaff and decorativ~ elements (comment addressed, see revise~ elevations: in sC~ ptan~packet¢. 4_ A vehicular back-out area 27-feet in width should be provided perpendicular to all garage door openings (comment addressed, Engineering Department appr¢ve~- see Laurinda Loga~ Memorandum No. 02-001). 5. Garages should be 18 feet in width at the opening (comment addressed, Building Division approved- see Eric Johnson/rim Large email dated December 26, 200~). 6. Identify the type of roadway and width of Bamboo Lane. The survey should identify this roadway as a public / private right-of-way, drive aisle, or easement. (See response in HPT letter). 7. Access for Virginia Gardens Drive should be indicated more cleady on the proposed ~ite plan (~hich area of the Drive will be removed or proposed). 8. Provide a, memorandum indicating Fire approval (with regard to emergency vehicle ingress / egress, including adequate turn-around area and fire truck maneuverability) (comment addressed, see Fire and Life Safety Division Memorandum No 2001- 65). 9. Indicate which homes are currently served by the existing water wel~ (available for potable,,water).Jocated on the subject property (comment addressed, see Holland & Knightlette~item 2.4, & 2;B, and HPTletter). 10. Indicate the method or technique that the developer intends_ to.provide potable ser..4ce¢~{o~ ,tbe_~adja~homes: For exampte', where will the~water, lines run? Will they rud in {he middle of the roadway? Will the developer connect each house to the 11. Identify ~ , water service (comme~f, a'ddress~ seer Ho/~end: &' Knigh,~- Ie~.:~ &r~ ' ' 12. Indi~(e the increase / decr~se in tra~c that the proposed, residential use will have compared, with ~e existing co~erc~l use (commit addre~;;Palm Beach 13. indi~te'~ntwf~' gates,that:the developer in~nds to use in order to minimize vehicular tr~c ¢(¢m spilling int0..{he adjacent.: nei¢~h~s. (No gpteS, wi~ ;be in, led. ~6. Ind[~(e the u~ efde~rative outdoor freestanding lighting fixtures. As of'this da~e, staff has not received revised drawings or plans from the applicant for Items #7, 14, 15_and 16 or addition~Hnput from the adjacent property owners. 1. Hot,and & Knight ,lette¢ dated~ December 5. 2001. 2. Engineering Department Memorar~dum No. 02-001. dated January 2, 2002 3. Edc Johnson/Tim .Large email datedDecember 26, 2001_ .- _ 4. pa~rn BeaChCou:rffy 5. HPT tette~,:d-at-~r3~:;2~E'~: . ' 6. Pla~ing ~ Z~oning DJ-viSion letter from Michael Ruff dated. December-2'[; 2001~ 7. FLr~a~.LEe' Sa~ety~Oi'cish3n Mernorendurrr NO, 200~f-65'da~e~ Janua~ 3. ~OT HOLLAND & KNIGHT LLP 8ro,w~¢d 8auleva'd. Sufl¢ 13QO 4070 (TJP 33302.4070) Lauderoale Florida .33301 ~A:(.54 -4&~-2030 1 December 5, 2001 MIC~'ELLE M. DE~OSA mdero~a<Dh~w,com December 5, g0Ol City of Boynton',Beach,, 100 E. Boynton Boynton Beach, Florida 33436 Attention, Eric Jo~hns~n; PL~nne~ Parcel. of:ta~d loca.ted-Orr FederaI I-t'ighwayin Section 4, Tbwnship 46 Sou~h R~_.~e 4~-East, Pa~,Beach County (the- ~Property~) t~be developed ~s:'a, residential community known as Dakota Lofts (the "Project") Dear Mr. Jot~nson: This firm represents Dakota Lofts at Boynton Beach, LLC CDakota"~ with respect to-therefor. Pr~jeet~ As you may be aware. Dakota, as owner of the above Properw, is scheduled to appear before the C., R~ A. on De~mbe,r..ll. 200,1. for~p:urpos~a of obtaining approvaI0fits proposed site plan for the P~oject and mov/n~ forward to City commission meeting. We have been adwise& by our cliemiVAmt it 15asbeemwerkh~$~tha ad~:l¢nd: development ofzhe Propez~y se~ e~ o~en Fu~r, we have ~ a~viS~'~ D~a~ t~au, p~to t~ City grant~-appro~ the following: 1 1. Canal Easement. Dakota will gran~ to those owners of the lots depicted as Lots 1, 2, 3, 4, 5 and 6 on the sketch attached hereto as Exhibit 'A" and made a part hereof (the "Sketch") which currently have docks constructed within the, canal property, easem ~nt rights (i) to main~am any existing docks within the ca~al propelmy currently owned by Dakota, and (ii) for ingress, egress and access from the existing docks over,and through the canal property to the ][ntracoastal waterway, which is located to the east of and ad,ace,ut to the canal property. The easement rights granted by Dakota shY1 run wt[h and benefit each lot for which it is granted, and shall be ~k'ansferred to any subsequent owner or owners of such lot as part of the conveyance of such lot[ The final easement document shall provide that (i) each dock shall be maintained by such owner at its sole cost and expense, and (iQ tile canal property shall Be the maintenance obligation of Dakota, .its suscessor assigns, and/or any homeowners association created for purposes of administering the Project (hereinafter the '.'Association"), andtkat all.cosTs ~ ~cl2~:~rre.d itl co~rzection th~h sh~tI be-divided in an equitabIe raanner and ~n a prorata Basis between all par ~es havln~ dock r/~kt.%.to use the. W'ater ~rrd Sevce~r Service~.. A. Installation of Water Line,~ Provided that Dakota can obtain the necessary approv~lsand easeraenr r}ghts, Dakota will' insrm]l ~rater lines: ~¢ng B~.~¢~.m~y be ~ire~ [~ or, er ~'~e C~ ¢o prov~e potaBIe water service [o Lots 5, 6, 9, 10 and 1I. In addition, Dakota will [nst~i the approprm~e wat~ ~ ex~s and ~ters a~ ~ke :[~at~ m~ by-~. Ci~ f~_La~.. 2, a~rees that p riori~o:~.~me ~ ~e abo~e lo~s h~ve~ been pr~de~ with the alternative wa~= s~vica wom~d-~e ~h~ I~t o~ers to lose the ability to obtain water ~om the wells located on the Property, which wells are the lot owners current source of water. B. Sewer Service for Lot 4. Provided that Dakota can obtain the necessa~ approvals, Dakota ~tt ~an[ ~o Lot 4 the right to tie into tho sewer ~e ~es 3[ Access Easement. Da -kota~wilt grant to th~ owners of the 'lots depicted as Lots I 2.3 on the Sketch, inS-tess' egr_ess~an~ access rights over ~ ro~a~ located within the ~op erty from tim e t~ ~ p~s ~ ~ta-¢~¢n[/~ access from an~ B~a~r~~;~~ provide adeq~~.ta~e, owners of Lo~s 1, 2, and 8 r~ou~h any ~atas may install ~¢~ the ~er~ ~ ~ ~ri'~the above m~o~ DEC-Ob-2~tELt 18:18 - =.2Z 1 4. Decorative LiCht ~Fixture¢. Dakota will ins¢a]i decorative light fixtures within the Proper~y in accordance with the final site plan approved by the City. · Tern orar- Fer~cin~, Dakota will ,install any temporary fences-which' may be require¢i ~y ~he ~Ppr~prla~e ~vernmental codes to be installed durin~ tor~stru6tion of the,P~eject. ' Please feel free, to com~ac~ me with any questions and/or corrirrlents yo,u~:may hava rega~ding this matt~. Ve rY t~l,~uly yours, HOLLAND & KNIGHT LLP EncIosure cc: Mitchell Pasta DEC-~5-2~i © CZ]) TOTmL P. ~$ !2/05/28B! 16:52 561375~7-~9 BOYNTCN BEACH P..g Z PAGE DEPARTH£NT OF DEVELOPHENT Planning and Zoning Division · Bul~iflg · Pla~f~g & Zo~in~ · OccupaEonallJcenses · Community Redevelopmen! 02 1 Decemter ! 200l Mr. II. P. Tompkins, Ir. HPT C )us61tar]ts, Inc. 2295 C orp~rate BaUlevard, ExecuI ~o~ ~ pursu,~nt to o~r r~e~ting on tdit[0~l i~o~at{o~ inch .ded The ~' : . .. C~ consi~ )vcraber 30, 200I, you were to provide additional ~sk~:byMonday, Dec~mber 3, ZOOt i~. ord~ to m. eer dsed :~ievati0ns, site plans, and · sm'vey Uncm ,.un~'~olved issues ~b~ch ~a mbc resaived~ p~O~ :i~.A~ fa~er ~abie ~e review.uut~me'~a~uary, o; ~ ~cd by the CPA on-January g~,~ this item wou~d he auary 1.5, 2002. Shoul~ y0u have ,any? queatkmk please contact Eric Lee Johnson a~ (561) 742-6260 for reschiduliag;of tl~s item. Youxl truly, TO: FROM: DATE: RE: DEPARTMENT OE~F, NGINEERING MEMORANDUM NO. 02.001 Eric Johnson, Planner, Planning & Zoning Laudnda Logan, P.E. Civil Engineer/i~ January 2, 2002 ~~ Interior Driveway Widths Dakota Lofts - NWSP 01~010 2 Per. your request the EngJneer~g DepaCxne~t is pro~iding, a~vcritten, response regarding the lack of comccc~Y~(s)-o~f2he~irC, edor driveways at the-proposed ~ Lofts~ The Code of Ordinances',an¢.Lanc~"Devetoprrrent. Regulations are silent on the matter of driveway widths, thus no comments were made during the site plan review process. The Engineering Staff ackno,A~LedGes~tbat, tbe. pmposed'_inter[Qr, driveway width, of 15 feet may propose some-difficulties with turning movements into and.out of the garages (three-and~.four- point turns). From a strict engineenng perspective the proposed 15 foot width will work. Engineering Staff believes that this is a~. issue better'determine(t, by other departments or b~a~ds_.witbin the City, governmem~ Piease.tet me know if you .have any questions about my comments or I can be of further LL/ck Cc: Jeff Livergood, P.E., Director, Public Works Michaet Rumpf, Director, Planning & Zoning Lusia Galav, Principal Planner, Planning & Zoning H. David Kelley, P.E./P~.Utili~E~tgg,~eer File C:~y Doeurnerrts'cDakol:r Lofts. Interior Drive~vay Widths.doc Johnson, Eric From: Sent: To: Subject: Large, Tim Wednesday, December26. 2001 7:13 AM Johnson Eric RE: Garage width2 3 The building code does not address garages in dwelling units. Tim. --Ong[nal Message-- From: Johnson, Eric Sent: Friday. December 21, 2001 2:59 PM To: Large, Tim Subject: RE: Garage width2 How about townhouses? Are they required to have garage door;oper~irfgs, that'are 18~feet in width ~or two (2) car garages? Eric Lee Johnson Planner Original Messaga _ ~.- Large. Tim Eent:. Tue. sd~y+ December(N. :Z~!~ E:4~[ ArC ~ Nothing in the~brJifdir~g code addresses SFas~. Tim. --Original Message-- From2 Johnson Eric S~." Wed~esday¢Hevembe~ 2& 2E~'~ 2:53~ PM, Subject: Garage.width 'r[m~ I was reviewing the Dakota Lofts site p~an and noticed something that may become a Building ~ssue. The resider~ia! b~itc[ings are re~to have 2-car ga[~;jes for each ur~t ~,order to,meet zoning,.code~ Thes~2- car garage~have~an.iP, side OQet'~i~g_that is 16 feet wide. I know that standard off-street parkin~ spaceC-in the City need to be at least 9 feet ir~ width. But our zontng code doesn't address garage width. Does the Building code say anything about how wide 2 car garages have [o De? Thanks for answering my question Eric Lee Johnson Planner Departmen£ of Engineering ~tnd Public Works P.O. Box 21229 West Palm Beach FL 33416-I229 56I 684-4000 www. pbcgov, com August 15, 2001 Mr. Michael W. Rumpf Director of Planning & Zoning Department of Development City of Boynton Beach P.O. Box 310 Boynton Beac~ FL :~4425-Q;SiQ RE: Dakota Lofts T RAF~IC4:~ERE~ ORMAk~_~ STA~ REV .1~ DearT-~. Ru .vL ._ The Palm Beach C~ountyTcaffic Division has reviewed the traffic statement for this project, pursuant to the ]'raffic Performance Standards in Attic e 15 of the Palm Beach County ~d Dewe~0pment ;Cade. Th s project s summarized as fo lows: Location: 3010 South Federal Highway Municipality:' ~ B~ygton Beach 'H.,SQ~ SF High- Turn-Over ~Sit-d~wcr~ ,~at~t Based on our review, the Traffic Division has determ ned that the project meets the ~ra~fzgP.~'JQ[mahce~ta~dards o[ Palm Beach County. If you have any quest OhS regarding this determ nat on, please contact me at 684-4030. Sincerely, OFF[CE' OF"FFiE'COUN,TY'E~G~NEER' ~ HP'F Cc.~,.~ ~L~ Fi[e~ ~-~. Mup.- TrafficStudy Review F:tTRAFF~(~Appm~ais~Q10808. doc 2Z95 Corporate Blvd, FxeculN'e Court One Suite 240 PRDEESSIONAL ENG~, ID~c~mber 31. 200I V'm Fax: 561-742-6259 Mr. Michael W. Pmrnpf City o£Bo~ton Beach I )epartmem of Development t00 East Bos,,'nton Beacl BNd. Bo-~mtan Be, aci% Florida 33425 Re: Dakota Lolls Dear _M:ttm. Pursuant to your letter c f December 21. 2001, please acc~gthe fNIovang reap~ t he location ~il th~ t ~mca; ~:1~- loa~.t~ :~thin the Dakota Lofts pro pert.y.: ~4~,hei~. the south sid;~ offBar:boo Lane. kn tt~spmm'or co~ m=uw,~,w~, agreed to stand ~' N-~ origiml ~ommitment to proode water se-r~iccs to theso residence& 'the~'fecmaiak owned:Iix sigt, atu~ ~e ........ =-':-~ docks The existing dock~ v ill be allowed tO stay, ~abwever no ne~ or ~ be allo; ced ~ - '~ ' .... ~ b" ~ m'~ecord~;J, ntm I have :~:,~1 a copy to ~e CiW E~r B~b~ ~e ~ appm~}~t~ly ~5., ~.,~_ H~ ~m~fely 42 f~ ~de ~ D~6ta ~ proj~ en~. ~x - · ..... a .~i has a s~ m~m~ ~d ~¢ ~v~nt m ~. ~e~ pa~mem is ad.tear ~e~ vehicl~ 4. ~r~ ~e~more ~iy N~im~gS;~;~~ ~ffi be 5. The d~op~-~ t~ ~,mne ts ~ L~ ~ 6 The ~m~e 5 Jam 7. ILlustrations o£th¢ prc~posed entry iraprovemenB witI be pmvid~t to the City. pr{or totl~ CRA m~fing 8. Deta/ls ofthe outdoor lighting will be pro'~ded ro the City prior to the CRA meetil~. I trust these responses ad :lress all of your concerns. If you have ~ly.quesszons or need any add tion~l import nation please contact me at 561-998-0955. Sincerely, H.P. Tompkim, Jr., PE O DEPARTMENT OF DEVELOPMENT 6 PLANNING AND ZONING DIVISION · ~lugding · Planning & Zoning · Occupational Licenses · Community Redevefopmen¢ ;~ December 2 I, 2001 Mr. H. P. Tompk/ns, Jr. HPT Consultants, lnc. 2295 Corporate Boulevard, N.W. Executive Court One-Suite 240 Boca Raton. FL 33431 RE: Dakota LoRs Dear Mr. Tompkins: As you know, the Community Redevelopment Agency will review the. above referenced project'on'January 8, 2002 and the City Commission on January 15, 2002. At the last meeting, the Board was unsatisfied ~vith a number of issues, including but not limited to the elevations, vehicular back-out area, increased ~raffic, and emergency vehicle ~g-r~m~/~ r.n_ aff~atinn, there were~x~cems fi.max the adjacent torrential, pmperryrown~-s, about the diamption of the potable (well) wa~er~l~l:Ry,:aacl use of the finger canal. Below ts an itemized list, derived' ~om~variot~som'cem,'i~ctmtfng th~ rn/rmt~ from the November 13. 2001 CRA meeting and also fi.om lettem submitted to staff. This list of questions and concerns are to be addressed, prior m further review of the Board. Per your disc-ussion ~ith staff:yesterday, yo~ ar~ m:re~or~.m~frm~quesrmns nc later than 5:00 p.m. Friday, December 28, 2~1. Pleas~ prOVrde a~vaSt~rr r==porm'e~a~ to how-you ~tave~ specifically addressed each issue, either on the site plan or via appropriate documentation: 1. Provide formal a~eements betweem:tl~,developer'and~the adjacent property owners~regard~g the c. ~u~rrentand- proposed water service: This dh-eetly'relate~to tho~e adjaCent~sfrrgte f~nityrem~x~m~,'dy'r~:ervmg water ser~ice-fi.om'~wetl that is~local~ on the subject:property. 2.~ prexfije~ fomml:agreemenmJ:m~een the de~;eloper and the adjacent property owners,regarding the.coati~Luse. of existh~ ci~ks located: on-the linger'canal of the subj eot property. 7. Identify. the g, pe of roadway and width of Bamboo Lane. The survey should accumtely identi~' this roadway (i~e; pubtie o~ lx/vate rightref-way, drSve~aisle, or easement). 4. Access for Virg/nia Gardens Drive,should be indicated more clearly on the proposed site plan (which area of t~e Drive will be removed or proposed). 5. Indicate entry gates that the developer intends to use in order to m/rdmize vehicular traffic fi.om spilling into the ~nt neighborhoods. 6. Indicate.the specifi~gment of Bamboo Lane rlmr tt~ developer intends to improve. 7. nlustrate,hh_e -h~p~e~~'te e~,waY of the d ew~opmenr.' 8. Indicate the use of decorative outdoor freestanding lighting fixtures. Yours truly, Michael W'. Rarnpf Quintu~ Greene. Director o f Development Eric Lee lohnson, Plmmer City of Boymon Beach · 100 East Boynton Beach Blvd.. P.O. Box 31ff e~,~oynton Beach, FTorfda~ 33425-0310 7 FIRE & LIFE SAFETY DIVISION Memorandum No. 2001-65 NFPA Life Safety Code 101, National Fire Code 1, all applicable National Fire Protection Association codes, and the City Fire code shall be adhered to, To: Eric Johnson, Planner From: B°~Borden, Deputy Fire Marshal Date: January 3. 2002 RE: QC'.z~t~ Lofts Site pian (NWSF OI-0'1~0) The fol]owfn'g isin response to your request per memo' dated December 20, 2001. The referenced-des~r~prox4des: a:.30~degcee tu, m[n9 radius [~steaJ. of-the., 50- degre~ rad~s required, by NPPA ~1, Fire-Prevention Code ( t,997};, Section::3-& Tbefsam6 c_c~e,aLso,,[equJm~s~,~mmum 20. fL roadway width, but:~e design... or~ provides a15 ff. roadway, with an additional 10 ft. for land scap~ng. An exception in the code allows these requirements to be modified by the Fire Ma~rshet~ if the-,buitdings are,,protected by approved automatic fire spdnklen systems. These buildings are required to be sprinklered. The Fi~eMars~a~ wi~thus allow the dev at ons, provided the 10 ft. of landscaping be removed orbe of:a, type, tha/r~vouid allo~ the,apparatus to pass o~er it if needed (i:e, grass wfth a's~bstan~raf,~ase~-~rrrCer~it~ CC: Steve Gale. Fire Marshal muintus Greene, Mike R[zmpb. gi~ector Lusia Gala~ PrinCipal Planner DEVELOPMENT DEPARTMENT MEMORANDUM NOi PZ 01- 242 SITE PLAN REVIEW STAFF REPORT COMMUNITY REDEVELOPMENq'~AGENC¥ AND CITY COMMISSION Odtober 31. 2001 Revised 01/03/02 DESCRIPTION OF PROJECT Project Name/No.: Property Owner: Applicant/Agent: Location: Current Land Use/Zoning: Dakota Lofts / NWSP 01- 010 Charts Enterprises, inc. H.P. Tompkins Jr., agent for Dakota Lofts at Boynton Beach, LLC 3010 South Federal Highway Local Retail Commercial (LRCI ant Low Density Residential (LDR)/C-3 and RtAA LL~Lan d Use/Zoning: "rype~eft~se~,. Project size: High Density ResidentJs&(HDR) 1 Planned Unit Development (PUD) M~ltf-famil.¥ ;Re sidemial Site Area: No. of Units: 1-9 Lot Coverage: G.6-acres / 30% Density: .- 9.5 de/ac Adjacent Uses: (see Exhibit !'A" -Location Map) '~- ' N'~-'th' :: -. De~Eoped;mu~4~[acm~y~resider~tial' (C°te~ie~ C~b-C-'4~'; South - Bamboo Lane right-of-way, farther south is residential and commercial property outside city limits. The commercial property fronts U.S. 1; Proposal'. East,, Developed single.family homes; West U.S. 1 right-of-way, farther west is commercial property outside city limits. H.P. Tomki~s. agent for Dakota Lofts of Boynton Beach. LLC proposes to raze the existing Sun Wah restaurant: ir[ oraer to. construcb tg_ tuxuw tQwnhouse units planned throughout three (3) separat~ building~,:,on ~c~:(2)~ ac~esc:(se~- B: - pmp~sed~ ~ I:~a~).. Ea~cb,:buitding wilt,- either be constructed on Parcel 1 or 2. All buildings- will contain three bedroom units. The number of individual ur~ts per I~u~dir~wil~ range from (5) un,ts to eight (8:Y ~nits: I~ addition, a pool area ~s proposed on Parcel,2 just west of the end of thecanal. A land use amendment / rezoning application (LUAR-IZ'~-OQ6) [s_bek~ pcocessed_.concurce~lY with this slte plan. (t) story commerci~,l~'which frortts.81~zng:,LLSL.t. ~h~,mtaa~e pa~cet-or pAmar~y developed ~ parking I¢ ~ sup~e cornmeal b~ Tbe_~[ porn, "Pa~ 3", is p~marily a fin~er canal of the lntracoastal Wate~ay. The ~eve~per. inte~ to leave the ~nal intact a~ ~ utilize its square foo~ge project's densi~ pCential on Parcels I and 2. Currently, a 10~ wi~ mad ease~ combined w~ a 10~' ~de ~ & public u~ti~ easem~, Pamel I and2. ~e ~s~e~il subs~tly ~ ~¢~d~o~d ~p~of ~s site. ~e ho~es o~ ~a Gerd~s DAve (to the no~ ¢ ~ s~j~ pmpe~) cu~enfly Page 2 Dakota Lofts - Site Plan Staff Report Memorandum No. PZ 01-242 ~ngress and egress directly onto U.S. 1. As proposed, the entrance and exit onto U.S. 1 for the Virginia Gardens Drive houses will be closed and vehicular traffic will cease once the buildings are built o? the subjec! property. The ~ouses on Virginia Gardens Ddve will share the common access ddve Of the subject property. Tl~is access ddve will be the only means of ingress / egress for the houses on Virginia Ga?dens Drive. An existing water well on Parcel 2 currently s~rVeS the sirfgte-family dwellings at 2 Virgidia :Garden Ddve~nd 821 Bamboo Lane. This water well is c0J~Sid~-ed, a c~mmunity well arid unless there are underlying cendit ohs or requirements such as deed resEictibns granting water rights to ,the existing Users, it shall be incumbent upon the applicant to ether install a new well to serve those res,!d,e, ntial dwellings or to connect the dwell ngs to City water f the 0whir so cl~0ose$ (see Exh b t C -Conditions of Approval). Concurrency: a. Traffic A traffic statement for this project was submitted and sent to the Palm Beach County Traffic Divisi6n for-'their review and approval. The Palm Beach County Traffic Division has-~fr~ed that the project meetS.the Traffic Pefforma~Tce Standards 'of-Palm Beach COuh~. ' C~"~-thformation-.was ,prot4ded-~-for, the-. 61ty's ~. The City's corrcur[ t¢~ ~.5¢ ord--:. ,re~fuires drathage'certific<.-.tto~" at:time- of site plan approval. The Engine~dng~-isTecomnle-ru:t~. tz"E~:~re~'~v, of ;specific dra nage so utions be deferred untfl time of ~ermit review, when more complete engineering documents are reouiCed. %D riveways: T~fere rs" e~e (1')~ L~atrr entrar~ce proposed for~the~ de~etopment-f~rcate¢ alorrg- the southwestern* border of the site on Bamboo Lahe. The developmen( h~s! no curb cuts proposed onto U S 1 andits only rnSa~s;o[.access is from 'Bamb~ Lane. The;Eftgi~¢~e. dng Division has determine~ of:'~:~Larre! ~,~ deficier~ They, are'- of the reoommenc vehicles Isee Drive ~,to the north) is' a for emergency and service Fire staff also recommends that rededicated 1 subject the aband~oned and accommodate the new Bamboo Lane is allow for access onto ~ Parking Facility: A total of 38 uired fo~' the use based on the ratio of two (2), unit will width b 1&feet 4; in6hes in Four (4) (4) which- is ~ The roadways be6a~se~the interior roadway feet in width to mee~ the Fire Safety Code. y fun, : ~- fry ~rdditfo rr to--th~ is~pmy, ida&.&L f~e~ p(ZQt~area. . -[~e, backup dis:t;ar~ce for these for an~ orr street pa~ ~rr-the L=ndscaping: The landscaping of the site wi[! fully meet cede requirements when staff comments are- incorporated. ~he.. proposed pervious or "green" area is 0:51 notes or 25.5% of the total site. North, south arid ~ast,.lar~s(~pebLffere ~ Crovided as required by code. These buffers wi~t Page 3 Dakota Lofts - Site Plan Staff Report Memorandum No. PZ 01-242 be ten (10) feet in width and contain an array of vegetation. ~ A 20-loot wide front landscape buffer will separate the proposed b,u. iidings from U.S. 1. This andscaPed buffe(will contain 11 Pigeon Plum tre~s, sp~ce.d 30 fee~ apart. The front landscape buffer W~ll~:also ~heye Redtip. Coc'op]lum~ and Th~'4!I s.:hedges ..w iff. clusters of Crotons and .Plumbagos, ~Thr,ee.?o[uste~s of :Sabal Pa m trees ..a, nd -Dwarf;;Fakahatchee Grass are aisc prrO~Se~]*wit~hia this b~ffer a~ea; T. be, en,t~anpew.a,y 0~¢ B~n~bpo; Lane will have two (2) Purple G ~;[re~s ~/ith a~c~ed~g &nnUal planted at-eaol~ t~-e~ 6~se.' The ,nOAh;. south*/~d ;east.la'r~ds6,age bBffel:A; ~:ill, be,at-le~,, st ~er~ (:10) feet in width. They will oo~itain G~i~bo G~b0~e~as'~a~e~..~o'{eet:]aP~Airwith;~s,~lid' row ~f Redtip Goceplum hedges functioning asa bd~r betwee~il t~e ~iJ bij~ot propa~.a~d ,the existing residentialaejghborhood. The arow Building and Site: Signage: Build~g a[~d site re~ul~ns;~ill, will ~be2, n4a~ .S~ ~d,and thi fu~ met When ~ ~m¢~tS am-,~cq~porated rotc the ~Lve g~rage on the gro~ ~be~m w~llrbe~on ~ color. ~9;acce~ ~c ~,.,,.W~i~ includes.t~ tdm fascia ~ p[~ de~tg~ ~ er~bl~'~r this redevelopment area ai~i~ 0n the front f~.. The. ~¢e~cb te ~e.[ear ¢¢'Zbe ~in~,:J(There will be nb provfsion' ~4,, ,,,,~i~t ~;inr~,~. r~sed~. ~ subiect~oroiect ,~ pe~ed tq have one (1) freestand~ ~,',m~ ,~,:at~¢~ ~.~;~n~e~ ~e..X~. s~ ~y not exceed xc: Central File S:~P~anningKqHARED WP~ROJECTS DAKOTA, LOFTSkNWSP 014)I0~staff report P,.EV I-3 -02.do¢ LOCATION MAP Dakota Lofts EXHIBIT "A" R3 EXHIBIT "B" KHIBIT "B" EXHIBIT "B" EXHIBIT "B" EXHIBIT 'B" I W. SM'"'"'"'"'"'"~Cx~,ARC:HITEcT EXHIBIT "B" . W.~,ARCHITE~T EXHIBIT "C" Conditions of Approval - Revised 01-03-02 Project name: Dakota Lofts File number: NWSP 01-010 Reference: 2~d review revised plans identified as New Site Plan. File # NWSP 01-010 with a December 6, 2001 Plarming & Zoning date stamp marking. DEPARTMENTS iNCLUDE REJECT PUBLIC WORKS Comments: None X UTILITIES Comments: : . l_ F/r~ ftow cak:ula~ions w4k[ l~.~rexlatr exk ~temonstrating the~ CAtY C °de X' requirement of 1 500 g.p.m, as stat4dm LDR ~ 6,.Art. IV, Sec. 16, or th~. requirement imposed by insm-an¢~ CODE Sec. 26-16(a)). Si Tt~ exisffngwetl, as shown orrFarcer-Zof~e surxreypreparedbyO'l~fftm, Suitor & O'Brian, Inc. dated July 17 2001, is considered a community well. It currentt~ serces the dw~lli~-~ eithe~ 2) cormeet th' ~ Lane~:tt wffi ,be a requiremer~f, the appI/x:ant to ~s . r eside~ti~ dwellin~zto c/ctS., x~ater tt~is-avai~abl~ owner elects.to forgo'~city water, 2) install a new well to serve the residential FIRE Comments: 3. The ~e engine turn arom~d area. at the southe.as[ c9_.m_er °f the st~bj¢ct property ghall have a l~il~imnm Celtterlin¢: mdin~o~ 50 feet. POLICE Comments: None . Con~nxmitS: 4. Permits must be obtained for work within the public right-of-way (LDI~ Chapter 22, Article II, Section 7). 5. Show alt existing utilities on Site~Clmmcteristi~'Map'($urvey)~mad S~t¢- X Development plan (LDR, Chapter 4,! Section A.3). Conditions of Approval DEPARTM_ENTS INCLUDE REJECT 6. Show flow data graphically (flow arrows). Prgvide details for exfiltration X trenche!, catch basins, and manholes. Indicate, by note, that storm water will be contained on site (LDR, Chapter 23, Article II.F.). 7. Provide data ofundergr0und soil condikions (LDR Chapter 6, Article IV, X Section 9). Proposed site is in close proximity to the Intracoastal Waterway and muck excavation is more likely to be encountered. (LDR, Chapter 6, Article iV, Section 9). 8. Add anote to the landscapb plan ,that Within the sight triangles there shall be X unobstructed cross-visibility at a lekel between 2.5 inches and 6 (six) inches above the pavement 0LDR, Chapter 7.5, Article II, Section 5.H.). Show sight triangles graphically on the site plan a~d landscaping plan. Reference FDOT Stand'ar& Inctex 546 for tke si.g~ tt4angtes, along all collector, and arterial roadways. 9. Provide~a~irrigationplaa~ e0n£ormanca with tire LDP,, Chapter 725, Article, X It, Section 5. · ' : 10. Provide signing and striping plans in a,c, cordance with the LDR, Chapter 6, X Article IL Section, 17-arut ~23;~3zticle';~SeCiiorrB~xvhickidentifi~ all necessary traffic cofitroI' devices suqh :as stoP~ ,ar,, .stop-signs, doubte yellow lane separators striping, directional arrows ~m.'d "Do Not Enter" signage, e/c. ALto see City Smmta~k]3,~-a~mg~.B;9$00Land B..90013 for stripin[ detaiis. ,11. 'Provide detail for dumpster efi¢Io~ .ure area (LDR Chapter 7.5, Article II, X caapt 9; t a2 ,'ana cityOf oymon. B aeh Smd-ara Drawing A-88007. I t2. Pro~de:a.typicat section foFparking&/t~pavernent conforming to LDR, X Chapter 23, Article II.Q. 13. If the homes, are fee simPle, thea~apla!.shall be. anl~mitted along with . X construction drawings.~ 14. The road on the south side ofth~ property (Bamboo Lane) is deficient with respect m right-of-way widtk and~paveinent width.',Bamboo Lane will be X required to be widened to 22 feet,~to tlfe entrance to the development, to meet minimmn street pavement widths ~R., Chapter 6~.Article IV, Section 10.c). Because Vi~oini~ will b e, exe:mpti~-Jiom a~y. ~]to~ :~. ' ltOV~'vexwa tm-rr-~ou~t&~ area shalI beprovided pursuant to chapter.6 Article IV, Section I0 D) $~-~afl be designe~i in accordance with a~} apl~licabte semionsof Code a~i ~ 15. Provide details for water, sanitary sewer, and storm sewer improvements. X Provide detail(s) for the water line crossing with sanitary and storm sewer. B'UtLDIN~ DIVISION DEPARTMENTS INCLUDE P,,EJ:ECT Comments: 16. From the FIRM map, identify in the site data the title of the flood zone that X the building is located withim ~ere ~ppl~cable, specify.the base. fl0o~. elevation. If there is no base flood eie¢~tion, indicate that on the plans., 17. Identify the floor elevation that the flesigu pmfessiunal has estabtished~ for the X building within the f(otprint Of. the building that is shown on the draWings · titled site plan, floor plan and paving/drainage (civil plans). 18. At t/~me of permit review, provide a completed and executed City unity of title X form. The formshall, describeall,~ots, parce!sor ~cts,;c°mb~e~ ~ qne 19~.: A copy of the recorded deed wit~leg~l d~Cripti°ns.6£ eac~pr~p~ty that i/ ' . being ~ified is required ;~be?:bm~tt~d~6 p~o~Ss;the ~o~.' owner that is identified on~ ~g.eh deed ~h~/l n~bh .~ .,' 19. At time of permit ~eview, submit.signed,and sealed working drawings df the X prOpOSed constmctiofi, ' 20. Attimeo-f perrl~a:e~ew, submita:~of't:hezecm'de~t'~sOtuti°n~ffm~' X vefifie~the ab,-mdomt of the alle~, i~-of-wct¢oreasement: ~ 21:-Add a labeled symbol to the sit,~,p!a~ .~c~yLang.~h an&d¢lin..eate.s ': th~pat~, o~m~a,for~ i~ford~r~o .:n amerfities that are provided for the pro}~ct.and oihei- Corrgn, un area elememts located at the site. The symbol thavar~ mquir~:to'b¢immlle~lcm~ tlS~j Tt/~ qomtirm of the acc~ssmi¢. path shall not compel the user to:trayd in a dffvedla~e.area~,ist,}oc~ted beb/ml,parked vehie-2e~~ ~[~enfify o~ ~h~ Pl .an~ ~he:~dffi 9( ,t~;~h~L~ ~-~b~ 2ute' (Note: The minimum width requffed b~ the code is foi'ty-four (44) inches). Add text that would indicate that the symbol repre~nts the accessible route anct therout, is designe~ im ~omp!i~n~ ~ith reg~.~ l~un~sspe~ ~ 'the Florida Accessibility Code for Building ConstrucUon. Please note that at time of permit revieW, the applicant shai~ provide detailed documentation on th~ plans that vein verify that th~ aqge~i)le [aute ~s~ ¢ cpn~_h~ regulations specified, in the Florida[~tyCa& for Bmmmg providing :finl : ' 22. At time ofpem~ review, sab~i~ fqr ~ .~ :~ssl?~ptanf°~-~h~ ' X oj pr ect ~ , ......... 23. List on the site plan the site element~ fo~ which recreation cred/twffi be - X provided. 24. As ~Leon~itian of[sSmance of a land dewlnpmeut order for r~sidential X 2onditions of Approval DEPARTMENTS INCLUDE REJECT planned unit developments, the developer shall dedicate land pay a fee in lieu thereof, or both, at the option of the city, for park or recreationaI purposes and according to the standards and formula in Chapter I, Article V in the Land Development Code. The total recreation dedication requirement will be calculated as follows: 19 d.u. x .015 acres = .285acres ½ credit may be given against the requirement of land dedication or payment of fees. ½ private recreation credit will be calculated as follows .285 acres / 2 =. 1425 acres The Developer may. war, to: eonsider-dedication,-of th~-ta~d, or a~ . combination of dedication and fee. 25. II~the.prop~iy is not req~/~ck, to,~he pIatted, the recreation dedication fee wilI X be due prior to fire bufldingPermitb~is-m~, 26. Provide to the Parks Division at the ctose of the construction contract as-built X plans showing,locations of irr/gation lines in the fights-of-way and medians~ 27. In order to earn ½ recreation credit, the developer needs to provide a X minim~rm, of$ of the local parkhasJ, e ~:equirements .listed. Below, or a c o mbina tiomof'~ sue-h ~, an d'.0tI~,recmatim-~aI~iml~o.veme~ts that wilLmee¢: recreation pa~aeeds ~fumrezes~d~ts~a£~e,~area: Landscape Park-Like & Quiet Areas Family Picinc Areas Cuame Court Areas TurfPIa~eld S~g PooI& L~wn Areas Recreation Cemer Buitdm$. 28. Ia the opinion o£the P~ks.D~parmaent ~flie:reereat/on eleme~:showr~ : · X on the l~ans-~o:not meet the needs of the future residents. At a mutually convenient time, the Parks Department staff will be happy to meet with the developer to discuss available options to meet the intent of the recreation . dedication requirements for the project F 0 RE S TER/ENVtRONMENTALIS T Comments> None- X PLANNING AND ZONING Commem~: - DEPARTMENTS INCLUDE REJECT 29. The subject property must be platted prior to the issuance of any building X permits. 30. The ground level HVAC units shall be screened with landscaping, X 31. On the site plan, show the location of all out'ocr free,~andlng lighting polesl Provide a typical dra,/ving that includes the height and color / material of all proposed freestanding outdoor lighting poles. X 32. Include a color rendering of all elevations prior to the Community Redevelopment Agency meeting 33. The floor plan (sheets A-l, A-2, B-l, and B~2) must include the scale of the x drawing. ~ ADDITIONAL,COM1V1UNITY REDEVELOPMLwNT AGENCY CONDITIONS Cixmments: 34. Corrciition-'#3 shall b~revis~d~t~ reo3}ir¢~tha~ a,4(Y-footwide (miIt:) emezgency X acaess .w~,y be, proviffed-at southeast ,eomer~.cdS!aro3ect amil;la~t3t clear- of tme~ tt talks arid~stwabs, md stabilized. 35~ The east facadres~.of:t4ae'~A-2'' unit~ ~bi~.designed~tmprevem x4sibflity X ~from units (second and third stories only) onto adjacent single family properties to east. . 36. Proj eci-sha~in¢Iude decorative Iiglfffng fixtures ~otto spill ligtit'onto X 37. Enhance landscaping along Federal Highway particularly at north and south X :comers~ofproject. ' 38. Provide aesthetic gateovbamer a[ emergency access point at southeast~comer of project to prevent non-emergency us~oiac~pening.. 39, Provide enhanced project entrance, irt part; 'to include'landscaping, signage X and possibly a lo, retain. Comments: 40_ To be' ~r~(mned. d:~-h~ DATA~[ann~n~HA~ ~nx~PkP ROdEC. T$~D~4D~TA LOFTS\~W~F 0~-O.~0~COA revised.c~oc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CiTY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Dakota Lofts APPLICANT'S AGENT: H.P. Tomkins Jr., agent for Dakota Lofts at Boynton Beach, LLC. APPLICANT'S ADDRESS: 2295 Corporate Boulevard #245. Boca Raton, FL 33431 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: January 15, 2002 TYPE OF RELIEF SOUGHT: New site plan approvel for 19 townhouse units in a Planned Unit Development (PUD). LOCATION OF PROPERTY: 3010 South Federal Highway DRAWING(S): SEE EXHIBIT "B" AFl'ACHED HERETO. X THIS MATTER came before the-City Commission of the City of Boynton Beachr Redda appearing orr-the~Consen'~Agends~°n'thedate'ab°ve' The'CFtyComm[ssforr hereby'adopts th~ findings and recommendation of the Planning and Development Board, which Board found as follows: OR' THiS~MATTER came orCto~,beheard before theCity Commission of the City of B, oynton Beach. Florida on the date of hearing stated above. The City Commission having considered the re~efsoughtby the applicant and heardtest~nony;from the applicant, members of city administrative staff andthe pubtfc finds as'foflO~: Application for the relief sQught wa~ made by the. Applicant in :amanner consistent~with the ~r,~,-~ ~rc,-c~t_~?~th~e City's ',Land'De~-Jccment Regulati~r~'-. The Applfcan. t HAS HAS NOT estab~shedby;substantial competent evidence a basis foFthe,relief requested.~ ~ The conditions for development requested.by the Applicant, administrative staff, or Suggestect by the pubJicand supported Dy substantial competent evidence are as set forth on:E,,d~¢~'C" with nota~on "Included% TheApptJcar~t'sapplication for relief is hereby GRANTED subjecttothe conditions referenced in paragraph 3 hereof. DENIED This Order shall take effec~~ ~ ~ ' " All further det*etoprnertt on. the p~oped, yst~/l, b~ ma~ kta~:~.da~c~w['th the terms ar~-¢ o~f.b~ order. DATED: City Clerk~ S:~Plannmg\SHARED\WP\PROJECTS~DAKOTA LOFT$\NWSP 01 ~310\Site plan DO.doc- Requested C~t3 Commismon Meetin~ Dates [] November 20, 2001 [] December 4. 2001 [] December 18.2001 [] JanuaO 2, 2002 NATURE OF AGENDA_ ITEM VII.-CONSENT AGENDA ITEM E.2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned Requested C~ty Comm;sslon~ Date Final Form Must be Turned in to City Clerk's Office Meeting Dates in to Cit~ Clerk!s Office Novernber 7. 2001 5:00p.m.) [] January l5. 2002 Jmauary3,2002(5:00pm./ November 21. 2001 (5:00pm. [] FebruaryS. 2002 January l6, 2002 (5:00 p.m. DecemberS. 2001 tS:00p.rm) [] February l9, 2002 Febmaq 6,2002(5:00p.m. December 19. 200t (5:00 p.rr~ [] ~Aarch 5. 2002 February 20, 2002 (5:0O_p.m.).~ [] Adminislxative [] Devalopmentplan~ {~I- Consent Agenda [] New Business [--[ Bids [2~ U~fin~hectBusinesa [] Ammuacemem EI Presentation [] City Maneger's Report RECON}MENDATION~ Please place this request rm ~ Jamm~. · I5, 2002 :C-nBr Conm~SSiO~ Agenda mxder Consent Agenda. The Commtmity Redevelopment Agency Board with a tmammotts vote, recommended that the subject request be approved sul~ec; ~o staff-comments and changes or additions to stuff comments ~o reflect the approval of the s&aewaklc waivex¢ abseaxc~.oz~par ki~gTspaci:$ and2~e; hghting (condifion~ g4, P)5; g6, #7, 'an&#g);the~ reqmreanent tlmt hours of operation'be Inn/ted to~ daylig~ hour~ not ~x~ed; 7.4)t5~mm..to 7:0¢pa~ (condition gbl~}, and tha~ tke employee parking'space~ be lJmite& tc~-enaptoyee parking m~ao~ used for service of customer vehicles (COndition ~..~ new condition is also pxagosea[ by;the CRA Bout& to prohibit aay sotmd system (for music o~ comm~m,cation ~ the en~tmar).on~tl~ proparrf that would be au&ole at any Ievel by tlie adjacent residences. For further details pertaining to the request, see attached Depamnent of Development Memorandum No PZ 02-005. EXPLANATION: PROJECT NAME: AGENT: OWNEI~ LOCATION; DESCRIPTION: MAROUF CARWASH Beril Kruger Zuh~k Maxouf Lots 4 &5 of Sam B~ov~ Suh~ at~p~uxia~ 137 feet east ofI&S, k Nor~v~;~kvextue~ Request site plan approval to consmict an automated 1,490 square-foot carwash facility and an-accessory 375 square-loot"Knock Do~n Detail~Tent" on the above-re fe~enced lot. PROGRAM I~VIPAI~T-' NrA FISCAL IM2A-CTk . N43~. Pla~ and ?Zoni~DJ~ector City Attorney / Fimmce/H~*ma*~ R,esoumes- S:kBULLETINkFORMS~AGENDA ITEM REQUEST FOI~M.DOC Page 2 Marouf Carwash - Site Plan Review Staff Report Memorandum No. PZ 02-005 could be sold off to another party in the future, The entire project is to be constructed in one phase. Concurrency: a. Traffic- A traffic statement for this project was submitted and sent to the Palm Beach, County Traffic Division for their review ano approval. The Traffic Division has determined that the proposed project generates less than 200 new daily trips, and therefore meets the Traffic Performance Standards of Palm Beach County. b. Drainage- Driveways:. Parking Facility: Conce~tua ,dra nage informatidn was provided for the City's rewew. The Oi6/~s COr:tcurFeQCY ordinance ,requires drainage certification at time of ~ite plan approval. The Engineering Divis on is recommending [h~,~e~revlew, ~f .specific drainpGe.$oluJJ~ns;be: deferre¢ urr~l time-of permit revieW, when:mere compIete .,engineering documents are req;CrecL. -.. fro-rrrLa~ :-'l~e d~,w, ~,~_';b~ ~4-'~feet:ir~'width., The_proje¢ intent iS to.ha~e a fully automated car wash for customers who would' remain in their vehide~asf,EqeY~iVe throUgh 'the~:faCi~itY-I '['he entranceway will be (4)-parking spaces caF-wash; to ~arking space irt plan meets.~e intent, o~ the 1 automated vehicles, ddve througn the parking, similar stations. The nature and ,employee to monitor, handle, s necessar~ to gas Station, and will minimize poten ~ lands~ requirements · 'b'ak |xora, outside order to~ ,~ swale to-b~side the' plant material pmpesed meeting minimum on- of Approval). The sha~ be mainta~rted ) feet above the pavement in .place& a note Page 4 Marouf Carwash - Site Plan Review Staff Report Memorandum No. PZ 02*005 _RECOMMEDATION: Eadier this year, a variance was approved for the automated car wash facility for a ot that does not meet the minimum lot size criterion of the C-3 z,o_ning district. Staff recommends that.this site plan request be aopreved contingent upon the project s ability to successfuiiy comp y with ~he comments included in Exhibit "C" - Conditions of Approval. The Technical Review Committee (TRC) recommends that the deficiencies identified in this exhibit be corrected on the set of plans submitted for building permit. xc: Central Fi[e S:~Plannin ¢SHAR ED\WP~p RO J ECTS~Zu h air Mareuf~NWSP 01-017~staff re¢or[.doc EXHIBIT "B" MARO UF'S CAR:WA~kr~' EXHIBIT "B" MAROUF'S CAR WASH EXHBIT "C" Conditions of Approval Project name: Marouf's Car Wash File number: NWSP 01-017 Reference: 2nd$£review plans identified as New Site Plan. File # NWSP 01-017 w/th a December 18. 2001 planning, and Zoning Department date stamp marking. INCEUDE REJECT DEPARTMENTS pLrBLIC WORKS General Cornments:~ None X PUBLIC WORKS - Traffic Commerg~ None X UTtLD II:S. Comments: 1. F/re flow calculations wilt he, required demonstrating the City Code ~ X reqmrernentof t,500 g:tYarr, as statedrhrLD~ Chap: 6, A_rt. IV,SOC. 1-6, or the ~ requ/rement imposed by insurance underwriters, whichever is tgeater (see CODE Sec. 26-26(a)). 2, AgrZt chamber witt:herequ/red~on ttm d/scharge side. ofthe:wastewater X lateral. Oil-water separator appurtenance will be required ~on the discharge wastewater latera~ Show ~e~proposed. location of:~es~:anits- on the s/te. ptarr. FIRE Comments: 3. Design documents where underground water mains and hydrants,are to be X provided, must demonstrate.tlmt they;will b~ installed, comptete~ and m serv4ce:~or to .¢onstm~tiorr~worte peV.~lq~pA; POLICE X Comments: None . ET ..... EERtNG DIVISION 4. On site development plan show proposed off-street parking spaces, proposed X~ sidewalks, including location, dimensiom and setbacks, traffic control markings and signage. (LDR, Chapter 4, Section 7332.). COA ~1/09/02 DEPARTMENTS INCLUDE REJECT 14. Submit detailed irrigation plans for right-of-way landscape and site work X improvements during ~he construction document permitting stage, for review and approval by the Parks Department staff. Include on the plan location of any ex/sting irrigation in the right-of-way. FORESTERJENVIRONMENTALIST Comments: None, X PLANNING AND ZONING Comments: 15. TI~e hours of opemtiorrshall l:te ti~itedrto 7 amto 7pm, seven(T} day~ per X we~Ic 16 Place a "No left mm" sign and [ or other traffic controlling markings at the X project exit to deter vehicular traffiafrom going through the residential neighbo~aood to the east.. 17. Provide a detail of the five (5)-foot high rollIng gate. The detail should X htcIude the d~menxqons, color, and- materNIs use& · I:8, Relocate the-¥~llow Etder tre~s ~ the pro}ect entranee.solhat they are. planted ' X within front landscape:l~t*ffe~ inside the:prope~: boundary: ami not outside in the swale (Chapter 7.5, Article II, Section 5.D.). 19. The plan exceeds~the.minimum=lundscapIng requirements. However, no X credit will be given proposed plant material located outside the property lIne, such as in the swale. Modify the landscape counts for the Pigeon Plum, Indian Hawthorne, Gold Lantana and any other plant material proposed outside the property tine. 20. Construction of the wall shalI be compIeted prior to the issuance ofa ~ X certificate of ocCUPancy or cenifiea~ of c0rapletion (Chapter 2, Section Staff recommends that the walt be enhaneedwi~ detaile, suel~ as scormg, cornices, cap, etc. 2/L Ai[requitec~ ~'ees~in u~ Ian~st'al~ buffer ad~acentto ~e Las Palms_Avenue X right-of-way stmtt l~e at mm t2- feet ct~remll keigl~t andB. caliper inches when planted (Chapter 7.5, Article 1I, Section 5.C.2.). ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY CONDITIONS Comments: COA 01/09/02~ __ DEPARTMENTS 22. Omit conditions # 4, #5, #6, #7 and #8 to reflect side walk wmver, lack of any X parking spaces other than the employee space, and ex~s~eace of required details. __ I23. shall be limited to day light hours (due to lack of site HourSlighting)~Of operaUOnnot to exceed '7:00 a.m. to '7:00 p.m. 24. No sound system shall be on the property for music or communication with employee or customer that-would be audiblext auy l~¥el hy adjacent or nearby residents. ADDITIONAL CITY coMMISSION coND}T~IONS~ Comments: To be dererminecI. M'ar~elj j:~SHRD AT~,~plan nin¢SHAREDiWi=~pRoJ/CTS~.uhair MarO~F, NWSP':0t.-017~COA.doc COA 09/02 lighting (LDR, 5. On the Chater 4, Section 7.B.4). 6 Sidewalks shall be four (4) feet wide along local streets, and fiVeiV,(5)Sectionfeet wide 6'~al hi her classification (LDR, Chapter 6, Article ong streets of g · · '~ qoo,4^~ 5~ This condition may be ormtted ~lk waiver ~s approved. ad'acent to parking lots shall be continuous through all driveways I 7. Sidewalksadjac~n..t.t°'?z - · ' ..... = ......... s rrDR Chapter 23, Artzcle ~ and shat~ ~e ~x_?j ~,%~ . ,_~ ~4t,~a if an administrative smewam ~ 1I. Section P)- This conmtton may uu waiver ~s approved. _ 8. Sidewalks shall meet or exceed State Handicap Code reqmremems and co ---t~ with-fl:~'Stamtard~BttitdSn~ Cod~ and amendmenu tha~eto (LDR, mp Ctiapm~. 22~/~,~-tZ¢Ie 115 S-ec156a K). Tliis condition may be orctted if an 9. Proof0f °ther agency permits shalt be required pri°r t° the issuance °f the BUILDING DiVISION t'O. Identify on the site plan drawing the actual distance that the building is set back ~m.t~ nort, h, eas~, south and west property lines. Please note that ' or other appurtenances that overhangs, covered walkways, canopies, awmngs are attached to the building shall be considered when identifying building sethac~s. Therethre, identify thewcidth of the proposed overhangs, covered walkways, canopies, awnings, and/o~ other roofed areas that extend out beyond the mam walls of the building. The building setbacks shall comply building setbacks, show and dimension on the site phn the width of the bu's~[ding overhang. Aiso, idelg:ify the size o~ width of the covered walkway, s, awnings, canopies aacko~att~er'roof~d;.areas that extend out beyond tt~wra~ dravcmg~ of ~,* iNCLUDE REJECT X X X X X X X X {I '{ ..,~ Illhi EXHIBIT "B' LOCATION MAP Zuhair Marouf Proposed Car Wash p e3 ag ~ e,*e Plan Review Staff Report Mai'ouf Carwash - '~" _ ~ 'Merddrandurn No. p7 0z-uuo Community Design Holly and Pigeon Plur beSpa ed?'e,PP.r concre~:e- bloC~,~a~ - wall will form a ~r~ on the landscape plan outlining this requiremen[ of the Engineering Department. The landscape strip that separates the building from the drive-through lane will contain sod, a Sabal Palm tree, and Redtip Cocoplum hedge. e west landscape buffer will contain a Royal Palm, three (3) Sabal Palms, Th . -the maiodty of this strip will be occupied by the and a Pigeon Plum tree· - ~ existing five (5) foot high masonry, wall · onsist of Pigeon Plum and Dahoon Holly trees north landscape buffs[ wdl c oses-a concrete block wall The ~ ,~--*- v 1 -feet a art. The plan, prop ceda roxmaL~z ,2 P . spa PP. ' ' rro e line. six (6) feet tn height ator~ th~s rea p P rty j be lanted to over ap ~,~,-- - r~es w , P . - -:,, ^,-~ee& the standarcts en co¢oial propertfes abut residentially-zorred~ ~7~feet,,.ia.i~ei~:~Th~e· ~'.' "~' L.-. ' ~i~7~reen from the residentially zoned proper~y.' has wall six(6)-feet in height e subject property line from the Paln;i~); ~¢~o .rninic~ize.. ~ ,visual- impeCt area7 'stale:-recommends that th~'.-wCt be cornices, cap, etc. The landscape eno, tile proposed trees (upper 9ct property and the l~ill, be a one-story strutcture with the top of the cupola allowable ~height in the C-3 zoning ~ of the roofline) wilt be metal door will be of th~ cupola erie ($)--:monumenl~' sicJn t~· ~' ~ i~ ~e buffer. The siC witi ~ (6) fee wide.-~e smooth textured stucco DEVELOPMENT DEPARTMENT MEMORANDUM NO. PZ 02-005 SITE pLAN REVIEW STAFF REPORT COMMUNITY REDEVELOPMENT AGENCY AND CITY coMMISSION January 3. 2002 !!DESCRIPTION OF PROJECT ! P~-oject Name/No.: MAROUF CARWASH / NWSP 01-017 ~ ~,,roperty Own : Zuhair Marouf Zuhair Marouf Bedi Kruger of Beril Kruger Planning & Zoning 'ConsultantS A port[on of lots 4 & 5 of Sam Brown Subdivision, approximately ~37 feeteast Loca~Lon: of U.S- 1'. north af Las paLm&s,Ave~ue Land Use/Zoning:~ L~ Retail (LP.C) / Cammuni'~' Commerc-J~ Ty~e of Use: Aummate~f- CawCash Fac~t[tY project size: Site Area: 0.23 acres (9,908 square feet) Adjac. ent..Uses: (see ~it "A"'-~Msp~} zoned C-3; North A multi-family resfdentfal property, So~tl~ - Las patrnas Road:rtcJht~'~''an~t:ffaTtbers°u~is' a restaumm paWJ~9 .tel zoned~C4; A~singte-famity residential dwelling part of Las Palmas development, zoned R-1AA; an'd West A gas station, zoned C-3. Site Characteristics: The subject property is currently zoned Community Commercial (C-3) zoning district· The Sam Brown Jr's Subdivision was platted in 1924 with typical lot to ten (10) acres. Subsequent to platting, is a rectang~tar-sh~ '~ Number ~ of the Federal Highway Corridor Study· On May 15, 200I the City to allow thedev64opment of Commission a~l~r°~ect s vadance (ZNCV 01:008) of ~e 15,000 square ,carwash foci ty on this 9',908 square fC~dt paccei in lieu The a to~ ~ea requ~red~ byth~ C~& zo~g:dJstricL foot minimum ~ Be~ Krugerof Bed[ Kruger Planning &; Z..~"~D ~is' request?g - ~al: site plar~ approval to cons~.Lc-~An automatecL %A'90'squar'&~f~a~t 6arwash faclhty and an acceSSoW 375 square"f°ot "KnoCk Down Detail Ter~ cr~ the referenced lot (see Exhibit "B' - P~oposed Site ptan). AScarport,CurrentlYa~dP[°PO~ec~storage emCoyeewill be. present ensure, dunng; regula¢ busiCc~=s- the main building would be comprised of a wash bay, area~ One (t) service.' Al[ho _uCTthe:sarne to ontle~c.mor t6~ fo~ tl'~ ca~-wa~l"r proposing the-car waCr is the same property owner as the abutting - ~pplicant: Agent: DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Mareuf's CarWash APPLICANT'S AGENT: Beril Kruger APPLICANT'S ADDRESS: 9 NE 16~n Street, Delray Beach, Florida 33444 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: January 15, 2002 TYPE OF RELIEF SOUGHT: New Site Plan to allow an automated car wash facility. LOCATION OF PROPERTY: Las Palmas Avenue & North Federal Highway DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER 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 [he fi nd~r fgs ~and~.Tecorm,nend~tior~. of., the~ ptanning~ and~ Etevek}pme~t, Boar(t, whic~-Boardr fourrd~as~fz:~liows.- OR THIS MATTER cameorr to be heard-before the City Commission ofithe Cl~y of Boynton Beach. Ftodda'on the-date:of hearing-st~ed~above. The C~¢ Commission:hev~ng considered the relief sought by the applicant anc heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the retief sought was made by the Applicant in a manner consistent with the requirements of the CityZs Land Deve4oprnent Regulations. HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The corfd~ons for de*cefopment 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". ~ApCk:arCCs ap¢catiorr ~r relief is hereby GRANTED subject to the-conditions'referm~ced 'iff paragraph 3 hereof. DENIED This Order shall take effect immediately-upon ~ssuance by the C~ty Clerk. arrd~conditions of thisorder. DATED: City C[e~.. S:\Planrrir~SL-.ICr%RED\WP\PROJECTS~-uheir Mero~flNWS~O't-O'f7~Devefop. Order Form-200I-Revised. doc; VII.-CONSENT AGENDA ITEM F CITY OF BOYNTON BEACH AGENDA ITEM REQUEST-FORM - Requested Cty Commission Date Final Form Must be Trained : /, Meet/ngDates intoCit~CIc~c'sOffice' [] November 20. 2001 November g, 2001 [] De~ember 4.2001 November 21~ 2001 (5:00 p rr~) Requested City Comm/ssion Meeting Dates '. Jauua~ 15 2002 [] February ~i 2002 Date Final Form Must be Turned in to City Clerk's Office Jauuary 3, 2002 (5:00 p.m.i January 16,.2002 (5:00 p.m.) [] Becember 18. 2001 December5. 200I (5:60 2002 Febmary6, 2002 (5:00 p.m.) January 2. 2002 December 19, 2001 (5:00 p.m.) [] 2002 February 20, 2002 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Motion from the City Commission ro approve the donation of $5,000.00 to the YMCA of Boynton Beach from the forfeiture account EXPLANATION: rhe YMCA is working on their annual Parmers with Youth Campaign for the new Boynton Beach brancl~ We are required to place some forfeiture funds hack into the community in eith~ youth programs or anti-drug programs. l'his fund/rig is in compliance with State guidelines. PROGRAM IMPACT: ~ "~--~ With this donation the YMCA of Boyaton Beach will be able to provide assistance to the youth of Boyntun Beactk~ -'< FISCAL LMPACT: Funding this re~tuesr will have no fiscal impact on our budget Forfeiture account 695-5000-590-04-54 has a balance of $58,986.29. ALTERNATIVES: C'i't~.7 Manager s xgnamre' Police Deparunent Name City Attorney F~a~nce/~/Human Resources S :kBULLETINkFO RM S~AGENDA ITEM REQUEST FORM.DOC Requested ~ity Commismon Meeting Dates [] November20. 2001 [] December 4, 2001 [] December 1 g, 2001 [] January 2, 2002 VII.-CONSENT AGENDA ITEM H. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Offic~ November 7, 2001 (5:00 p.m.) November 2i, 200l (5:00 p.m0 Dec~nber 5, 2001 (5:00 p.m.1 December 19, 200t (5:£~9 p.m.) Requested City Commission Meeting Dates [] January 15, 2002 [] February 5, 2002 [] February 19, 2002 [] March 5, 2002 Date Final Form Must be Turned in to CiW Clerk's Office January 3, 2002 (5:00 p.m.) J~muary 16, 2002 rS:00 p.m.) Februa~ 6, 2002 (5:00 p.m.) February 20, 2002 [5:00 p.rm) NATURE OF AGENDA ITEM [] Admkfistrative [] Consent Agenda [] Public Hearing Bids [] City Manager's Repor~ [] Development Plans :_2 [] New Business r,o z~-< Legal ::~ [] Unfin/shed Business [] Presentation RECOMMI~NDATION: rahs fer $12,500 from Contingency Account to:Reereatmn Department SpeciaCi-~Ev6h~$2 Account. Authorize use of $12,500 from Undesignated Fund Balance in the Recreation Department Revanue '~ Fund. The $25,000 will be used to support HehtageFest 2002. EXPLANATION: Funds will be used to support various HeritageFest 2002 activities. These include the Battle of the Bands. Festival in the Park, Parade, Spelling Bee/Oratorical, Basketball Tournament, Art and Science Exhibits and the reception. PROGRAM IMPACT: HeritageFest provides an opportunity for our commumty to enjoy a weekend fi~ll of fun activities and events to help celebrate and pay tribute to our rich cultural history and heritage. FISCAL IMPACT: Contingency Account 001-1211-512.99-01 Balance $78,255 Special Events 001-2710-572.48-24 Balance $53,624 Other Contractual Services 172-2712-572.49-17 Balance $26,370 ALTERNATIVES: Seek alternative funding sources and/or ~_--~l~partment Head's Signarare City Manager's Signature Department Name City Attorney / Finance / Human Resources S:~BU%LETIN~OR/VIS~AGENDA ITEM REQUEST FORM.DOC Requested City Comrdssion Meetin~ Dates VIII, - CITY MANAGER'S REPORT CITY OF BOYNTON BEACH ITEM A AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to Cit3 Clerk's Office Requested Cit~ Commission Meet~n~ Dates Date Final Form Must be Turned in to Citw Clerk's Office '-~ November 20, 2 )01 November7,2)0t (5:00p.m. [] lanuaD 15.2002 January3, 2002 (5'00 p.m.) [] December 4. 2001 November 21, 2001 (5:00p.m.) [] FebmaryS. 2002 January 16, 2002 (5:00 p.m.) [] December [8, 2001 Decen~er 5. 200I (5:00 p,m.) [] February 19, 2002 February 6, 2002 (5:00 p,m.) [] Janumy2.2002 NATURE OF AGENDAITEM December 19, 2001 (5:00 p.m.) [] March 5, 2002 February 20. 2002 (5:00 p.m. [] Administrative [] Development Plans [] Consent A~enda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Repo~ RECOMMENDATION: Staffrecommends that the City of Boynton Beach adopt, by ordinance, a provision requiring that all regulatory Waffic control devices in the City of Boynton Beach be placed accordthg to standards specified in the MUTCD. Placement of regulatory and warning signs is routine and can be accommodated in each fiscal year budget. A. Staff further recommends that the City shall consider placement of traffic calming measures only upon completion of an initial traffic study. Traffic calming shall be considered only on those local streets with average daily traffic volume greater than 500 vehicles p~r day and only when the 85th percentile speed is greater than 30 MPH for those streets posted at 25 MPH, or is greater than 35 MPH for those streets posted at 30 MPH. EXPLANATION: The City Comrmssion requested staffto research regulatory traffic control and traffic calming. This report and recommendation represent the results of staff research. PROGRAM 12MPACT: The proposed ordinances will allow staff to proceed with placement of regulatory traffic control according to recognized. national standards and will also provide minimum criteria necessary for evaluation of traffic calming measures. FISCAL IMI~ACT: No immediate fiscal impact. Large scale traffic calming projects should be identified and budgeted separately in future capital programs. ALTERNATIVES: Disi~ce~ traffic t ' ' ~lSepaffm~nt Dad's Signature Deparlrnent Name control according to standards ~affic calming procedures. City Attorney / Finance / Human Resources S:XBULLETYNZFORMSXAGENDA ITEM REQUEST FOKM.DOC Engineering Staff Report Regulatory Traffic Control and Traffic Calming in the City of Boynton Beach January 15, 2002 Back,round In late 2000, the Boynton Beach City Commission directed the city staff to begin development of a traffic-engineering program, It was. and remains, the goal of the city conmusston ro provide for reasonable and lawful control of traffic upon public~i0ads within the city' s corporate t/m/ts. It ii essential to maintain traffic control according to current national standards in order to provide consistency and identification of traffic control devices and traffic calming rn~a~es Within the City of Boynton~Beach when qompared to natignwide~utilization Of these deviges and measures.. Fuith~rmgr~ ,adherence to accepted national standards grgatly ir~es the city's liability in the future should a~ide~ccm:. ' ~ ' In ore'er to address the city's desire to develop a traffic engineering program the public works staff has begun measuring traffiC,da[a tt/r6ughout th~ commUnity on a complaint basis and ha~ also met w~.~numerous residents and homeowners gro~f~p~to hear firsthand their concerns about traff~c th their n~ighborhoods, F~ermore staff has developed a close relatk~hip with the Po'lin'e Department in order to;integrat6 ~/nd coordinate tra~.ffic enforcement meas~as bythe Police Depa/nm~nt with traffic engmeenng and traffic calming measures'being established by the Pubhc WorkS Department Forms of Traffic Control Traffic engineers throughout the country utilize two basic tools for the consol ~ftraffic, especially in local neighborhoods, These are regulatory ~raffic control devices and traffic calm/rig measures. Both tools, when properly used, ~an significantly enhance safety in local residential neighborhoods and can also improve resident perception about traffic flow in front of their homes. Re .gp!atory ~ffic c, ontrol devices a~e those devices that we, as motorists, routinely see throughout our travels. These /te~ie~ inelh~i¢ st0~S~, yield Signs, traffic signals, pedestrian crosswalks, lane~markings'~ warning signs, and others. Rc~'~.!~ory ~.~o~[~1 devices should qnly be placed aCcording to warrants and stan,.d.ar, ds s~t forth in the M .an, ual on U~fo~n ~raffic' ¢,Ohtrot DeVices. (MUTCD). This nationally recognized'manuul is published bY the Federal H~ghway A~s~i°n~d~is adopted by all states tkroughout the country. The MUTCD was updated in 200l and includes a number ofmodificatinns and clarifications for the placement of regnlatory traffic control devices. More interestingly, hOWever, the manual now includes sections dedicated to the placement of~raffic calming measures. Traffic. Engineers can no',v consider traffic calming measures more seriously because of the new guidance being provided.' ':' With respect to traffic control devices, it is essential that these devices only be placed when warrants are met. For example, staffrec¢ives numerous requests for the placement of stop signs, pr/~ncipally for the purpose ofconlrolling spbed)mg.. 1210weve~ stop sign~ should only be placed at intersecfi6ns where the assignment of right of way to motorists is conf~s~hg. Stop si~n~, y~eld signs, and Other intersection regUlatory con~:61 are specifically'utilized to assign right of way to motorists. Stop signs in particular should not be used for the purpose of slowing vehicles. Doing so breeds a lack of dCrespect for stop signs thro,ughout the community because motorists will begin to disregard stop signs because there is n~ i~ierse~on-relaied pUrPose, thus increasing the potential for accii:[ents. InTaCt, m these scenarios, intersections can become more hazardous because of the disregard for stop signs by motorists. Interestingtyi in staffs communications with residents throughout the community over the past year, we have learned that many residents comphi~ th~a~ motorists do n6t abide by the man.}, Stop signs pla~c~d tl~ou~ho, ut ~ city. Thus residents are asking for the- city to find other ways of edntrolling speeding throughout thetr nerghborh(Sods. Sufficient enforcement of regulatory, traffic control devices is critical ro their effectiveness. For example, it does little good to a neighborhood to arbi~ly reduce speeds on a roadway from 30 mile~ per hour to 25 miles per hour if the city is unable to enforce the lraffiq regulations. Furthermore. other intersection regulatory control devices such ~s stop signs :and traffic signals can lose their effectiveness as well if they are not enforced. Again. in order to ensure proper ,enforcement. it is essential that traffic control devices ordy be placed where they are warranted and merited to ensure proper enforcement by the police deparunenr. It is staff's goal to properly control traffic in our residential neighborhoods and to not make lawbreakers of many of our residents by imposing arbitrarily low speed limits or improper intersection regulatory control devices The second form of traffic control now being used by traffic engineers tkroughout the country is traffic calming. The City Commission Will recall staffs presentation last year on traffic calming measures and tha, t these types of measures ;aie mher,ent~y based upon changing motorists diSving traits and habits through a sefies of physical modifications to a ~roadway s design. Traffic calrn~g can inclu,de:measures as simple as reducing ro~tdwa~y Width to more extreme considerations, such as road closures acn~or =edireeting,~affic in local neighbo~:kpoits. Traffic calming measures also include intersection divertexs, speed humps, chicanes, ~ntersectinn bump outs and nthers, all:with the intern in physically ckag, ge tl~e roadwaY 9hargcter/s~cs to igsfill a psych0!qgicaf chang~ in motorist dr~virtg i!abits. The various 'ir~affic ;calming me~snres~are not, currently ~'eg~atedqwith respect to need (warrants) in tke~ MUTCD, Rafh~, iraffic ~ measure~:a~re regulated in ~aow~ t~h~y 9r~ sigfle,~d and st~iped~in order to mdtint ain ,andJnsm:~ P~:9g& notification to the :motqrists,of the presence of a traffi~ calming measure. For example, the MUTCD now, Speeifi~ ~ signing and pavement markings required for speed humps throughout the country. This will insi~re'a national &t~ndard and ~aniformig~,.so that mQtoxists will rec~gnSzethe presance of, speed humps og, all ~0adwa3¢ througkgut, the couzarry. This ~mn ,~f~otmn his bee~:_a.n. ~sse~a! dqv~l~pm~m for~c calming in par~c~ ~tN~r~sp~¢t in sge~d ~ps. This ::,;stanslar&~as adopted*yithi~ thepast several mgnths-by the Federal Highway Adm/nistrafiog and can.now b~ utilized in ~loeal.ju~dicfions throughout the.cotmtry. ~ Staff Findings } ~75~ the,Past year orso staff-has.cotlected~traffic data in residential neighborhoods in order to identify concerns : tlx/:onghoul;ffie 57:~. The £ollo~arg ¢~ depmt§ representat!ve traffic counts conducted over the past year. In addition to traffic ¥olume data, sta:ff his also evaluated speed characteristics on many of {he roadway segments. Street Location Volume 85th % Speed Avg Speed NE 7th Ave NE 8th Ave NEgth Ave NE 10th Ave Federal Southbound SE:20tti Ct SE3rd Street SW 13th Ave ~26th Ave 3~b3Ehffrch/ll ' 3E~(~huxeh/tF ~'iSthAYe ~th &ve r8~ S~ }t ~n ~akes Blvd, East of Federal 315 30 24 East of Federal 197 29 23 Easl of Federal 163 26 21 Easl of Federal 817 32 25 Near S~erling Vill 11529 46 41 We~t of Federal 142 24 18 2218 783 32 26 Leisureville 800 29 25 Boynton Estates 2~ 1 23 17 ' 120 821 36 29 135 231 32 26 2891 773 33 27 School not in session 411 33 27 Schoolin session 818 33 28 .,409 857 29 24 300block 699 29 23 300 block 857 NA NA 3~22 565 NA NA City Halt 695 NA NA Bell South 878 NA NA 660 270 23 19 East!of~ 332 22 17 Near Parlii ' 2561 39 35 AS noted on the chart, traffic volumes on local roadways varies from 142 to nearly 900 cars per day. Federal Highway is classified as an arterial roadway and Boynton Lakes Blvd. is classified as a collector route. Staff finds these volumes to be relatively low given national standards. For example, nationally, ii is qmte common for local, residential, s~ee~s to carry traffic volumes nearing 1500 cars per day, although my experience is that local streets typically average about 800 cars per day. By contrast, collector streets typically average about 2500 vehic~espar day. Thus, Boynron Beach appears to be much lower ~an national av~age. This is attributed~h_rge~ to the ?.~gn ? ~ost su,b, ai~i.,sions ',m,~ area. I~n Boyntorr Beach ~ild nthei: local municipalities, subdivisidns l~ave been ~[esi~ned's(fch that cut throug~ or byp~/ss traffic~i~ not d~imB!e'o'n'tt/e,~a~t ofmot0rists, thus ~ed0-~ing'16c~/l traffic volUmes, StafI speq i arid finds tha~ the 85~ ~erce~fi}~?Peeds are r~a~guabt~} e~ccpt,fo~'a fev~ isolated ~'~ g5~ nerd~file 'sp~e~,~ ~i~b~Sk ;~peed efi~e~;mdit~-~sa~e~ure ~e:d~gree of ~erc~* sCee~ xs ~t ~pe~d at Whick85 ~ercant of m0tonsts ~11 ~a~l at o~ belo . ~:* ~ 29' ~H ~ fo~ ~v~ '10~ ~ea~* ~v~g on~e ~et ~en- 85 of,~ w~ [u addition to speed character~, tics upon a roadway staff ;~,. s.~ ~ ,c°nducted a cursory~review, ~f accident: . data ara, :number of loea ons S affdoes not w :tO eve, intersecfio~ !o?~ation tl~pughout the City of Boynto,n,Beach; This type.o~:~f~s ~,exuemety and staff does nqt ¢~enfly have the persoonel resources: [o conduct suc~ an an~¢~ts~.,~,Si~ff' s.~cursory [~e¥, a¢~ ~I~nas s at _ ~ ' .. ~,. _-:_~- ,,- .... ~-^,. +ho ~,,mmuni~, that exhibit h~h accident rotes, mowever ~t is ..... '.t. ~.~, ~. ~ .;.~;.o~.,q.,o ,,to-ram continues, to unfold, to Contmue~O'e~ama~e accme~:~t trenas,~[ ..... 2_ ~.:~<., .hx 20mmuni~-, to determine if m0dification to or piace~t~[em0vat oh regma~or~ r~amc OI locauons uuvu ~g~,,g[*~ m~' y ~u~_ 5'.'. *J . . . ~,5~~ control devices is Wa/ranted. Additionally, staff w~I1 begin evaluating s~ght ~bs~mcttons at mtersecti . staffhas met witli a nUmber of individuals and aaffic in their local neigh?rhsod~. As n?ted e~lier, staff homeowners concern of residents throughout the mty. Again, much ofth~ c~oncem However staffhas found a small number ofto~atmns where about speeding is ] . ' ' ' d staff has met wtth local res~d_~s'an taken advantage:o~th~, ~ meetings tO tltilize the 24 hour traffic prevalent. neighborhoods are SW 8th Avenue hour period. hours. In this enforcement tools a tepartmear. In a number of other instances staff has found that speeds on many residential streets are reasonable given the street's geometric and engineering design. For example, staff worked with a number of residents in the Mangrove Walk area to determine speed characteristics on SE 7, 8, 9. and 10~ Avenues. In this particular example we found that there were virtually no speeding problems on SE 7, 8, and 9t~ Avenues. However because SE 10th served as a feeder to the traffic actuated signal at Federal Highway, not only were the traffic volumes higher but the roadway exhibited slightly higher speed when compared to the others. Other streets in the study area also exhibited speeding however to a much lesser degree. As withaI1 roadways throughout the city there will always be vehicles and motorists that travel well above the speed, l/mit. However it is the city's respunsibili~y to determine whether or not the degree of speeding is acceptable. For example if a street posted with a 25 mile an hour speed lim/t has an average speed of 28 miles per hour, then staff believes this is ~easonable. Discussion Staff believes that il is essential m formulate a City-wide philosophy to insure fair and consistent implementation of traffic conlrol and traffic calming. There. ds.an egrnesr nee, d to establish minimum qualification standards for any meaSUres or devices; The,MUTCD pro¥ides ns w/th. accepted standards and. gnidance:for the placement of regulatory traffic contx01 devices and other w~aming and s~igning mea. sur~s. However,.~ae ~MUTCD is silent relative to the ptacement0f txa~ffic ~alming measures. Thqre i, no doub* that it world be fxtr~e.ly difficult to create warrants and o~thers standards for the placement of txaffic calming mea~ures hecauseeach community across the country has a different tolerance level for vehicle speeds and traffic volume. Furdiermore, staffbelieves that each neighborhood's conc0 sareumqueandg'ymgmadmimstera .mxtbook apprgaqh,toq~chs,mauqn~unldno~prowdethen'apemsto search for unique solutions to address ~peciflc resident concerns. Thus~, s~ff, do~es n0t support a formal/zed approach to traffic calming. Staff does however support cerlaln standards for traffic ~a!midg devices such as speed humps. Speed kumps should be designed so that they are cosr effective solutions to speeding in an area. Staffhas attached an outstanding design for speed humps used in Boca Ratun. Although staff does n0~ espouse a formal approach to traffic calming solutions, staff believes there to be significant merit in estabhskthg tlxresholds that must be met for the City to cons/der traffic calming measures. Thus, we should allow ourselves to detemfine where in the City to best allocate our resources (staff and material) to solve resident concerns. For example, consider a local street where the 85~ percentile speed is 39 MPH. This is high. But what if the traffic volume is only 150 cars per day? Should the City expend capital resources to minimize speeding by no more 9 th than 20 cars per day. Compare this to another location where the 85 percentile speed may be 36 M?H but the traffic volume is 700 carsperday..Ofanurse, the higher volomestreetwfllhave a much higher incidence of speeding. Traffic calming would certainly have more value on the higher volume stxeet. Thus. staffbelieves that the City should develop minimum thresholds that can easily be assessed to determine the merits for creative use of traffic calming measures Staff sgggests that traffxc qalming only he considered on local streets where the traffic volume is greater that 500 cars per day, and where the 85t~ percentile speed is greater than 30 MPH for those streets posted at 25' MPH and is greater than 35 MPH for th_~se streets posted at 30 IriSH. On those streets that do not meet these thresholds, staff believes it continues to be City s ~sponsibility to work cooperatively with residents to insure traffic safety in the/r neighborhood using more traditional measures such as enforcemem, etc. Staff Recommendations 1. Regulatory Traffic Control Staff recommcuds that the City of Boynton Beach adopg by ordinance, a provision requiring that all regulatory traffic control devices in the City of Boyntun Beach be placed according to standards specified in the MUTCD. Placement of regulatory and warning s~gns is runtine and can be accommodated in each fiscal year budget. Staff recommends that the City Commission direct staff to prepare an ordinance with language as follows: New Section~ -- A. Signs to conform to national manual AH signs, smping, and traffic signals established by direction of the city commission and/or city staff shah conform to the extent possible to implement the relevant regulations to the current national Manual on Uinform Traffic Control Devices for streets and highways in effect at the time of the establishment of the said signs, striping, and traffic signals. When authorized signs are replaced, the new signs shall conform to the national Manual on Uniform Traffic Control Devices for streets and highways in effect at the time of replacement Traffic Calming. Measures Flacement of traffic calming meastires can b'e costly'depending upon.the selected oplimum solution. Thus, Staff believes that-aii~ ineasur~ tha(will ~esult in-a. colt gr~/ttar than $,1,000 ~should be.fnrst studied and ~ spec/fically Ideiitified:: .... ih thC !f~ilow~ g y ~ar* s bud g et. ': One o ption would: be to idefi~ traffic calming measures, genetically in the budget and then assist home~>wners on a "f~rst come, first served" b~s!s using the lUmp:sum budget. Staff recommends that the City of Boynton Beach adopt by ordinance a provmmn as follows New Section --- A. Traffic Calming Measures . The~Ci~ shall consider placement~Yf*traffi¢ calt~xing measures:~nly upon complefi0n of an ;*;~i- '~a;¢~- ~ ~a ~ ~i::Traf~i ~ ~almin'& slmll b e ~Zoi~g/d~ie~c~ b~l;I~on those'locat~tr eets ~ith avmi~ aaqg ~affic volume~greate~than 500 x~ehicles per day and only~whea tb-e r~ec~til~('~§i~d/s areater ~,30 M~H f0~ ~ose streets posted at 25~ o~ ~s greater than 33*~I~g6r~'tliose Streets- postea at 30 MPH .... ~i6~,,,s- tr~r~In~,~ hn/t Other devines ~d6ntifCn· nymg ~ calming measures shah conformto the ~n~ ( O00Oi Enh.a. nced S.peed Hump Traffic Calming Feature per new Millennium MUTCD requiremehts. VIII.-¢ITY MANAGER'S REPORT ITEM B. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requ~ned City Commission Dat~ Final ~or~_. M_u,s~ 1~ _Turned Meefin~ Da~ ~ to C~W Cl~ s Offi~ ~ Nov~ 20, 2001 ~ D~ 4, 2001 ~ ~ 2, 2002 Requested City Commi~io~ Meetin~ Dates [] 3auua~ 15, 2002 ~ Fe~ 5, 2002 ~ ~ 19, 2~2 ~ ~5, 20~ November 7, 2001 (5:00 November 21.2001 (5:00 p.m.) December 5, 2001 (5:00 p.m.) December 19, 2001 (5:00 p.m.) Februa~ 20, 2002 (5:00 p.m.) NATURE OF AGENDA ITEaM RECOMMENDATION: [] Administrative [] Development Plans [] Consent Agenda [] New B~si~ess [] Bids [] Unani~hedBusiness [] Announcement [] Presentation [] City Manager's Report Presentation of a Stormwater Project Report update by Dale S. Sugerman, Ass~tani~,~ity Manager. ~ ~ EXPLANATION: Mr. Sugerman will provide a Verbal presentation at the City Commission meeting. PROGRAM IMPACT: A copy of the written Stormwater Project Report update is attached. FISCAL ]MPACT: Fiscal impact information is available within the body of the Stormwater Project Report. ALTERNATIVES: N/A Department Hcad's Si~tamre ~iW ~Managex s Signature Utilities Department Depamnent Name S:hB~ORMS~AGENDA ITEM KEQUEST FORM.DOC City Attorney / Finance l Human Resources STORMWATER PROJECT REPORT JANUARY 15, 2002 Downtown Stormwater Phase I Completion of pond "B' (Mangrove W,.alk at.~he Marina,) Completion Of downtown core storrriwater Pipe network Acceptance of Ocean Ave; Bridge sto[mwater ~ Project came in on time and under budget $24,272.00 ~of savings was shared with ,the contractor Project Final asphalt construction ~ at a total cost nearly Construction contract awarded on 01/02/02 by City Commission Total construction budget is $2.51 million dollars 02/04/02 .; 2002 Downtown Stormwater Phase II Includes: Railroad Ave. (B.B.B. to M.L.K.) NE 4th Ave. (NE 34 St. to U.S.1) SE 4th St. (sE 1st Ave. to S.E. 6th Ave.) SE 3rd St. (Ocean Ave. to.S.E. 1st Ave.) Project is at 45% design. Survey work is 100% complete. N.E. 7tn Ave. to N.E. 10t~ Ave. Improvements Project s at 50% design. Property acquisition currently underway. N.E. 12th Ave. Drainage/Mariner's Way Seawall Project Commission awarded contract to Custom Built Marine- 12/18/01 Total construction budget is $272,554 Project newsletter pUblished periodically Pre-construction meeting set for 01/14/02 Design-build project Construction should be approximately 90 days starting on 02/11/02 01/03/02 C:tMy Documents~ssistant City Manager~Ufllity Items~Ste~mwater Project Report 01-15-02.doc 7. 20 Outfall Project Project is at approximately 30% design. 8. Cherry Hill Inlet Project Project began as an "in-house" .Department of Engineering project on November 29, 2001. 9. Silvedakes POA Outfall Improvements Agreement for improvements still being negotiated with POA. City's upside limit on costs set at $65,000.00 Lake Worth Drainage District has agreed to cooperate. 10. Master Swale Improvements The general Master Swale Improvement program has been put on hold. Instead, some swale improvements are going forward as part of other work (water line, street improvements, etc.) that might be going forward in a neighborhood anyway. Current swale work will be done, in cooperation with other infrastructure improvements, in the following areas: San Castle waterline project Tentatively schedule for 01/15/02 City Commission meeting agenda. Seacrest Estates waterline project - Contract awarded by the City Commission on 12/18/01. 01/03/02 C:\My Decuments~,ssistant City Manager~Ufility Items~Stormwater Project Report 01-15-02.d0c XI. - NEW BUS~NESS ITEM A, 2001:2002 Board Members Area codes are 561 Ken Sohtltz M~or, T~ ~f:~l~ ThorSen (S~rea~asurer~ ~e~e 96M ~44: CoulOmbS. ~a~ela Coulombs, V~a~e Councilmemb~ C[~ of Gre~ac-~ o~e~ 433-3019: ~ry B~apda~burg (Lar~ Harden~d.d&ra~e~h fi.us F A X - M E M O TO: FROM: DATE: RE: City Managers & Elected Officials Janum3' 9, 2002 Senate Redistricting Update In response to obje~ions to the recenQy released proposed Senate Red'zstricth~g Maps. the maps have since been amended (please see Plan e S17S0003 [processed on Janua,D- 8, 2002] at ~m~v. leg.stat~fla~s/senateredistrictin~' inde_v, cfm). The Senate Committee on Reapportionmem will meet on Frida3; Jannary 1 lth and I x~/ll attend and testiS, on behalfffthePalm Beach Count5_' League of Cities. Due to the tagen~' of this manet, I urge egch d~'to write a letterIo Senator Dmfiel Webster. Chaim:an of the Senate Comm,.ttCe on Reapportionment. and adop~ a resolulic~: in support of an appc~tionmen! plan w-hich will he in the best :merest of Palm Beach Comity residents. Plebe faxa coPY of the [ettei' and resotutionto ~he Palm Beach Count. Legislative Delegation at.355-2343 andto the League office at 355 -6545. Attached is a sample resolution adopted by the League. cc: g&~ard Chase, Executive Direcrtor, Palm Beach County Legislative Delegation Trela White, Esquire~ Corbett & x3,~nite RECEIVED ,JAN 9 2002 [ CITY MANAGER'S OFFICE: RESOLUTION R02- O I~"' A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, SUPPORTING qfHE PALM BEACH COUNTY LEAGUE OF CITIES, INC., RESOLUTION NO. 01-02, REQUESTING THE ADOPTION OF AN APPORTIONMENT PLAN [Iq WHICH PALM BEACH COUNTY RESIDENTS COMPRISE A MAJORITY OF THE CONSTITUENCY IN THE SENATORIAL AND REPRESENTATIVE DISTRICTS CREATED; DIRECTING THIS RESOLUTION BE FORWARDED TO THE SENATE REAPPORTIONMENT COMMITTEE AND THE HOUSE PROCEDURAL AND REDISTRICTING COUNCIL: AND PROVIDING AN EFFECTIVE DATE. WItERE~S, in the second year following each decennial census, the Florida Constitution Art. 1II., Sec. 16, reqmres the legislature to apportion the state into specified senatorial and representative districts in accordance with state and federal law; and WHEREAS. since the United States Decennial Census of 1990, Palm Beach County has evolved into an intensely populated area of unique well-defined interests; and WHEREAS, the senatorial and representative districts established in 1992 and based ~on the United States Decennial Census of 1990, do not uniformly provide equal ~epresentation for the citizens of Palm Beach County based upon current census data; and WHEREAS, BASED ON THE COMMLrN1TY OF INTEREST ESTABLISHED IN ~alm Beach County, the need to provide County residents equal representation, and respect br the County's geographic boundaries, the Palm Beach County League of Cities, Inc., have passed Resolution No. 01-02, urging the Florida Legislature to adopt an apportionment plan that minimizes overlap of senatorial and representative districts into counties adjacent to Palm Beach County; and WItEREAS, the City of Boynton Beach City Commission does support the position of the Florida League of Cities, Inc., as outlined in Resolution No. 02-02; NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA: Section 1. The foregoing "WHEREAS" clauses are tree and correct and hereby ratified and confirmed by the City Commission Section 2. That the municipality of Boynton Beach, by and through its City Commisson, formally supports the Florida League of Cities, Inc., in their Resolution No. 01- 02, urging the adoption of an apportionment plan in which Palm Beach County residents comprise a majority of the constituency in the senatorial and representative districts created. Section 3. The City Commission of the City of Boynton Beach hereby directs that a certified copy of this Resolution be sent to the Senate Reapportionment Committee and the House Procedural and Redistricting Council. Section 4. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this I~' day of January, 2002. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk (Corporate Seal) ORDINANCE NO. 02- XIT. - LEGAL TTEM B.1 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 16. "PARKS AND RECREATION", ARTICLE II. "CITY PARKS AND BEACHES" BY AMENDING SECTION 16-22 TO PROVIDE FOR ADMINISTRATIVE AUTHORITY TO DESIGNATE AND POST SPECIFIC AREAS IN CITY PARKS AS "QUIET ZONES"; PROVIDING FOR PENALTIES: PROVIDING FOR CONFLICT. SEY~-~ILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, staff has recommended ro the City Commission that administrative luthority b~ granted'to designatear~posrspecif[¢ areas-irrCTity-parksas~-QuSet~Zcraes.; and' determi, ned~ tha~,it~is ir[ the ~besl:-imems~s of: tim c£tizens~ and residents of the City to amend, th e Cod~ to~. gran[ staff administrative authority to-create .and establish ,Quiet Zoaes" in City. ~arks. NOW, ~~ R:E, BE~ITORIYAINIWD :BYe? TIIECITY~SSION~ O1~ It:IK~ OF. BOYNTO~-BEAClt~ S~n I. ~e fore~ing ~ere~ ctauses ~ ~ =d-co~ ~6 mmt~ ~erem by ~_mferenc~ Section 2. ~at Chapter 16, "P~ks ~d Recreation", ~icle ~ "City P~ks ~d ~ ~ ~ ~ ~y ~ by~ the ~r~ ~d~'fi~-'~ ~e ~ fo~ows: S~. t6-2~ E~orc~re~o~ Page 1 acting ~n violation of this article, and shall have the authority ro seize and confiscate any property, thing or device in the park or beach used in violation of this article. Admit~istrative ~2~horitv is hereby ~ranted ~o the City Manager and'or his/her desi=,nee to design_ate and post specific areas in CiV- parks as "Quiet Zones". 'Penalties for violation-of tl~;is Org. inance shall be ~pursuant to City of Bovnron Beach C~ode,6f 0~di~nc~t~h~acte~:li.~_~e/Serai P~visions, iL~c~e L Sectmn I-6. tion ~.' S~ould an5 section or provision of this ordinance or portion hereof, any Sec ' semence or word.be ~decla~d by a court of competent jurisdiction to be invalid. ' ' L shall not affect the remainder of this ordinance. Section 4. Autl~orkcy i,t-terehygravted to. codify aaicLordiuanr2- Section 5. This ordinance shall become .effec~ve tmmediatety upon HRST READING this day of January, 2002. CITY OE:BOYI~ON~B~EACI-~FLORtDA Mayor Vice Mayor Cormmssioner'~ Cca-nmi:ssion~~ ?age2 X/?. - LEGAL ~'TEM B.2 ORDINANCE NO. 02- AN ORDINANCE OF THE CITY OF BOYNTOm r~r:ACn, FLORIDA. REGARDING PROPERTY LOCATED SOUTH OF BOYNTON BEACH BOULEVARD. APPROXIMATELY 1.500 FEET EAST OF NW 7TM STREET; AMENDING ORDINANCE 89-38 BY AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF nrHE CITY BY ADOPTING THE PROPER L3~qD USE OF PROPERTY MORE PARTICULARLY DESCRIBED HEREINAFTER: SAID LAND USE DESIGNATION IS BEING CHANGED FROM MEDIUM DENSITY RESIDENTIAL TO LOCAL RETAIL COMMERCIAL (LRC); PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida has [dopted a Comprehensive Fu~tre Land Use Plan and as part of said Plan a Future Land Use Element by Ordinance No. 89-38 in accordance with the Local Government Comprehensive - Planning Act; and WHEREAS, the procedure for amendment of a Future Land Use Element of a Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and WHEREAS, after public heating and study, the City Commission deems it in the best interest of the inhabitants of said City m amend the aforesaid Element of the Comprehensive P~an as adopted by the City herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1: Ordinance No. 89-38 of the City is hereby amended to reflect the follo'&ing: That the Future Land Use of the following described land shall be designated as Moderate Density Residential (City). Said land is more particularly described as follows: A +0.62 'acre parcel, described as: All of Lots 10, 11,32, the west 15.00 feet.of Lot 12 and all that portion of Lots 8, 9, 19 and the west 15.00 feet of Lot 7 lying south of State Road 804 fight-of-way, all of Block 2, LAKE BOYNTON ESTATES PLAT 1, according to the Plat thereof as recorded in Plat Book 13, Page 32 of the Public Records of 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 herewkh 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, s~tch 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 comphance. FIRST READING this day of ,2002. SECOND, FINAL READING andPASSAGE this~ day of ,2002. CITY OF BOYNTON BEACH. FLORIDA Mayor Vice Mayor Conum~ssioner Commissioner Commissioner ATTEST: City Clerk (Corporate Seal) s:ca\~rd Land Use Krlspy Kreme LOCATION MAP EXHIBIT "A" 1200 Feet NATURE OF AGENDA ITEM XlI. - LEGAL ITEM B.2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City CommSssion Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meefin~ Dates in to CiW Clerk's Office Meetiuo~ Dates in to City Cl~rk's Office [] November 20, 2001 November 7. 2001 5:00 p.m [] January 15. 2002 January 3, 2002 (5:00 p.m.) [~ December4.2001 November21.2001 (5:00p.m.) [] FebmaryS. 2002 JanuaryI6,2002(5:00~m.) ~ December 18, 2001 December 5, 2001 tS:00 p.m.) [] Februar5 I9, 2002 Febraary 6, 2002 (5:00 p.m. [] January2.2002 DecemberI9,200I (5:00p.m. [] March5,2002 February20 [] Administrative [] Development Plans [] Consent Agenda [] NewBusmess [] Public ltearmg [] Legal [] Bids [] Urff'mished Business ~_~ [] AunouncemCm [] Presentation [] City Manager's Report RECOMMENDATION: Please place this request on the January 15, 2002 City Commission Agenda under Legal. Ordinances - First Reading. The City Commission Board approved request w/th a vote of 4-1 at their January 2, 2002 meeting. For further details pertaining to the request, see attached Deparnnent of Development Memorandum No. PZ 01-222. EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: KRISPY KREME Scott Barber / Gee & lenson Krispy [Creme of South Florida, LLC Between NW 1~ Avenue and Boynton Beach Boulevard [SR804] approximately 1.500 t'eet east of NW 7~ Slzeet, opposite the intersection of Boynron Beach Boulevard and West Industrial Avenue. Request to amend the Comprehensive Plan Future Land Use Mai: designation on a 0.62 acre parcel from Medium Density Residential .9.86 du/ac) to Local Retail Commercial. PROGRAM IMPACT: N/A FISCAl. IMPACT: N/A ALTERNATIVES :.~ .,,] N/A Develo~ne'n~ D ~p ~a~ae-nt ~) ~'~c~to r Plarmmg and Zon~ Director City Attorney / Finance Human Resources S :kPlaunin g\SHAKED\WPXP RO JECTSkkrispy kremekLUARkAgenda Item RequestlQispy Kreme LUAR 1st reacting 1-15-02.dol Cit."Manager's Signature S:kBULLETINAFORMSkAGENDA ITEM REQUEST FORM.DOC DEVELOPME NT~DEP.4~RTbIENT, PLANNING & ~ONING DIVISION~ MEMORANDU-'?vI NO. PZ 01-222 TO: FROM: THROUGH: DATE: Chairman and Members PIanning and Development B~,~..~ . Dick Hudson. Senior Plarmer~/~ Michael W. Rumpf fv~ LT'~- Director of Planning and Zoning December I0, 200I PrOj ectJApplicant: PROJECT DESCRIPTION Krisp3;'Kzeme of South Florida, LLC Agent: Scott Barber / Gee & Jenson. Inc. Owner(s): Salvador and Norma Senrmanar. Anthony Mannino, August Vultag=mo, Giuseppe Vultaggio and Pietra LoPiccolo Location: Four parcels ail being south of Boynt0n Beach Boulevard 5SR804] approximately 1,500 feet east ofN%V 7~' Street). Having mailing addresses 6f633 NW 1~ Avenue, 3015 S. Ocean Boulevard - Apartment H, I501 N'W 2~a Avenue and 3015 S. Ocean Boulevard -No. 404. West Industrial Avenue intersects with Boynton Beach Boulevard immediately north of the subject properzy. (See Exhibit A) File No: Land Use Amendment~'Rezonmg (LU,M~. 01-008) Property. Description: Vacant property consisting of 0.36 acres classified Medium Density Residential (MeDR) and zoned Duplex Residential (R-2), and 0.26 acres of developed property, containing ,one duplex residential building and classified Medium Density Resident/al and zoned Duplex Residential (R- 2). Total property to be reclassified and rezoned equals 0.62 acres. Proposed change/use: To reclassify the subject property, from Medium Density Residemial to Local Retail Commercial (LRC), and rezone fi-om Duplex Residential (R- 2) to Neighborhood Cornmerciai (C-2). The subject property wdI be combined with a 0.42 acre vacant parcel to the ~vest. xvhich is currently classified Local Retail Commercial (LRC) and zoned Neighborhood C6mmercial (C-2), to assemble a '--I.04 acre site to be developed as a fast food restaurant with a drive through feature. Page 2 File Number: LUAR 01-008 K~ispy Kreme Doughnuts Adjacent Land Uses and Zoning: North: Ri=~ht-of-way of West Boymon Beach Boulevard (SR 804), then property classified Local Retail Commercial (LRC), zoned Neighborhood Commercial (C-2), and d~vetoped~ with a service stanon (Texaco) to the northwest; to the northeast the intersection of Boynt~)n Beach Boule{'ar~ and West Industrial Avenue and farther east. right-of-way of Industrial Avenue then developed property classified Industrial (I) and zoned Light Industrial (NJ-I) (the locations of Lloyds Auto Electric and Foster Oil). South: East: West: Right-of~way ofN'W 1s: Avenue, then property classified Low Density Resfdentmt, zoned Single familvRe~identiai (K-I-A) and developed with Sin-~le fan/fly homes Property classified Medium-Density Residential (MeDR), z6n~d Duplex Residential ,R-_) and developed with duplex (~o family) homes. Vacant prope~ cl~sifi~ Local Retail Commercial (LRC), zoned~Neighborhood Co~ercial 'C-2) and under o~ership of~e ~ppli~t. F~her west is developed prope~ classi~ed L?cal Retail Co~c~ (LKC), zoned Neighborhobd Co~ercial (C-2) ~d obcdpied by a dentabmedical office bulling. PROJECT ~N.~LYSI S The parcels, wMch are the subject of tbJ. s land use amendment, total 0.62 acre Because of the size of the properzy under consideration, the Flor/da Department of Community Affairs classifies this amendment as a smal scale" amendment. A "small-scale" amendment is adopted prior co forwarding to the Florida Deparunen;t 0f Community Affairs an~ is not reviewed for compliance with the state, regional and local comprehensive plans prior to adoption. This amendment reques~ presents a unique situation. The property is being assembled from property owned by six individuals. The western proper~y consists of vacant Sand totaling -_0.78 acre and is bisected from north to south into t~vo land use classifications and two zoning districts. The western portion of approximately z0.42 acre is classified Local Retail Commercial (LKC) and zoned Nei_~hborhood Commercial (C-2)~ The eastern portion equals~ approximately 0.36 acre, ss classified ~Iedium Dens/ty KesidentlaI~(MeDR), zoned Duplex Residential (R-2) and is a subject of th? request. The _+0.26 acre parcel to the east is currently under separate ownership (Salvador and Norms Sentmanat) and is also a subject of this r~uest. It is classified Medium Density Residential (MeDK), zoned Duplex Residential (K-2) and is occupied by a duplex (two family) structure ~See Exhibit "B'). - The criteria used to review Comprehensive Plan amendmems and rezonings are Iisi:ed ~n Article 2. Section 9, ,4dministration and EnforceraenZ, ItemC: Comprehensive Pfan Amendments: ~ezoninfs. These criteria are required to be part ora staffanalysis when the proposed change includes an amendment to the Comprehensive Plan Furore Land Use Map. 7~7 ether thgproposed rezoning would be consistent with applicable comprehensive plan ,,oticies inchtdinc, but not limited to a ~rohibition against an) increase in dwelling unit densi~ exceeding 50 i~ the hurricane ~,acuatzon zone without wrttten approval of the Pdm Beach Count'. Eme~xenm'. Planning. Divt~ion and the Cia,. 's r~gk maaagem ~ze planning department sh~l also recommend limitationx or requirements. Page 3 File Number: LUAR 01-008 Krispy K.reme Doughnuts which would have to be imposed on subsequent development of the property, in order ro comply with policies contained in the comprehensive plan. According to'the Comt~rehe~.giVe Plan Future Land Use Support Document, under the"Discussion of Supply ,andDe~nd~f0r Commercial ~and" th~ fotlpwing !S ~e¢0mmeff~ed: ' "The Future Land Use Plan Which is proposed for the City and area to be 3nnexed by the City will accommodate all of the .antic pated demand for commercial and ~hr6ugh_ bu Id- out Theref~ore~ the C~tysho¢[~ not chan~e~ !h~ land use to commercial cate~or/es bevond that which Is shown on ~t,~¢ proposed:Futur, e Land Use Phn, except :for mmp~ brmndary adjustments, small mfill,~a~cels, or c,oLr~. ,,¢rci~I u~es.o~:a ~gl~Iy sp~¢mhzea' nature which .h~v,e; spe¢i~ l~at~on;b.,r~ slt~u/rem,~e~.iand ~re£a~ca~o~, be easily accommodated on already des~gnate~' commermal areas: . · 'This direction is repeated in Poliay.t.19.6 of the L~nd Use Element "The City shall not a!lo~ cpmmerci~! acr?age )vhkh~s ~eater than the demand' which has been projected, unless ~t can be demonstrated,that the'ad~lilmnaI commercml acreage would nor require the proportion of commercial acreage On the City's Future Land Use Map to exceed the proportion ofcorm'nercial acreage on the Palm Beach County Future Land Use Map The City shall not allow commercial ~[es~ a; particular property is unsuitable for other uses, or a geograpki,'c[Iteed e~i,s~s W~mh cannot be5 fi4Ifilled by extstlng commercially- zoned prop:~, and ~¢5,~qrp, rnerc:,¢l~ u~e wou!d' comply w~th ail other apphcable compreMnsive plan po~.ie~, ' ' The subject property is not loqate~:within the hurricane ev~acuation zone. Rather than ,increase residential densities, the requestid ~/mendment will reduce the total number of ex/sting housing stock by two unit& The request will add a total of +27~0,00 square feet ro the existing commercml node that exists on both sides of B0ynton Beach Boule~vard in this ?ca and may be v/ewed as a minor boundary adjustment. It i~ not likely that ahy beneficiia~ commercial development could occur on the +I8,000 square fgot portion of the-property cu~ently designated ifor commercial development while simultaneo~ly providing adequate screening and bu~ering for the adjacent neighborhood. According 'co theldpplicant, ,the reduhing cornmet6~allsLdesigna~ed parcel will add the necessary property to allow r6r greater ~ircula>tibn e~ficiency.~ ' b. Fih~ther the proposed rezoning would be contrary to the established land use patrern. or would create an isolated district unrelated to adjacent and nearby districts~ or would conxti, tu~e a grant O)~special pri¢ilege to an 'i~di~idual'property owner as contrasted with th~ proie~t~on of the public welfare. The proposed rezoning would not c~eate an isolated district, but ~voutd represent a minor enlargement of an existing commer?aI ~ode. It would relate to the adjacent lands to the west, which are under the 'same ownershil~ and. t0 pmp~rW' both farther west and across Boynton Beach Boulevard that are already develope~ ~for Local Retail C0mrnerci~l uses. The requirements for buffer wails be~,veen residential a~nd commercial ~dist~cts, couplfid with the city s landscaping (e.g. barrier) requirements, ensure that ir~Pacts ofiommetciaf developments on residential developments are ameliorated. Page ,a FiIe Number: LUAR 01-008 Krispy Kreme Doughnuts c. VZhether changed or chang:ng conditions make the proposed rezoning desirable. There are no changed or changing conditions that make the proposed rezoning desirable. d. gZhether the proposed use would be compatible ~vidz utility systems, roadways, and other pubtic facilities. The parcels, which are the subject of this land use amendment, total 0.62 acre. Only applications involving parcels larger than one (1) acre are required to include comparisons of water demand and The Palm Beach County Traffic Division has reviewed the traffic s~dy for the entire project and has determined that it meets the Traffic Performati,c,_e Standards of Palm Beach County. The Traffic . Division Engineer recommended that ~:he City re,Aew traffic operations at the project access driveway, with emphasis on left-tums in and out of the site. The forecasted peak hour volumes indicate the need for provision ora ;,vestbound left-turn land on BoYntun Belch Boulevard onto the site. Also, adequate safety measures should be considered ko accommodate left-turns out of the project site." With respec.t to solid waste: the Solid Waste Authority (SWA) has stated, in a letter dated January 6, 1999, that adequate capacity exists to accommodate the county's municipalities throughout the 10- year planning period. Lastl); drainage will also be reviewed in derail as part of the review of the conditional use application, at which time compliance with all requirements of the city and local drainage permzrfing authorities must be demonstrated. e. gZhether the proposed rezoning would be compatible with the current and fitture use of adjacent and nearby properties, or would affect the pro1~erry values of adjacem or nearby properties. As stated above, the proposed zoning would be compatible with current uses of adjacent properties to both the north and the west. The buffering and landscape requirements expressed in both the comprehensive plan and the zoning code w~ll serve to lessen any negative effects the corm-nerciaI development would have on the existing residential development. f 17~ether the ;roperry is physically and economically developable under the existing zoning. As stated above, it is doubtful that any beneficial commercial development could occur on the _.+ 18,000 square foot portion of the property currently designated for commercial development without leaving minimal land available for buffering purposes. A duplex dwelling might be constructed on the residentially designated portion: however, the location adjacent to Boynron Beach Boulevard and the southbound entrance ramp to t-95 make this location less than desirable for residential development. The eastern-most parcel is currently developed ~vith a duplex d~velIing. g. Whether the proposed rezoning is ora scale which is reasonably related to rne needs of the neighborhood and the ci~. ' as a whole. Page 5 File Number: LUAR 0 t-008 Krispy Kreme Dough_nuts The subject rezonmg and subsequent use of the property would represent a positive contribution to the commercial corr/dor of Boymon Beach Boulevard. h. grhether there are adequate sites elsewhere ih the city for the proposed l~se, in districts where such use ix Mrqady;allowed. There are a number of sites elsewhere in the city where the development of the'proposed use would not necessitate a land use amendment and rezoni~g. These locations may not afford the proximity to a state road (BoYnton Beach Bouievard2SRS0~) ?r an 'mierstate highway (I-95) that this:location provides. C OLNCLUSIO NS/P,.E C O MME ~NrD ATIONS As indicated herein this reque ;t ig c0rlsis{dnt vith the in~e~t bf th~ CBmprehensiveCPlan; will not create additionai impacts on ir fi~sl~u~{e thl ~hav~ not'be~n anti¢ipi/ted in the C'ompreh~nsive : · Plan; will be compatible ~ith~ .djac~at:iand U ~$ and ~I1 cbnffibut~ io ~e or,all e~ono~c ' developm~n~ of~e civ. ~ e~o~'ismff.~e~ ~e~d~ ~aithe subject reqfiest be~pibVed, wi~ ~e ac~0wledgement ~tb~ ~ng and O~ ~ ~e~u~emen¢ i~ehded lo ~d ' ' compatibili~ M~ adjaeem u~, ;s ~ ~c r~ ~te~ ~0~eht~ will* b~ ~plied :at ;fi~e of site plaffc~difional ~e re~ew, ff~ P.~g ~ t Developm~t Bo~d or ~e Ci~ Comssion '~i ........ reco~ends condifi~s, ~ey will be ~cluded Mthin g mz c.. ATTACI-1IM. ENTS LOCATION MAP EXHIBIT "A" 400 800 1200 Feet PROPERTY MAP EXHIBIT "B" ~ XlI. - LEGAL oRDINANCE NO. 02- ITEM B.3 AN ORDINANCE OF THE CITY OF o,-, · =- ,'-'~' BEACH, FLORIDA, REGARDING THE AppLICATION FOR REZONING BY KPdSPY KREME; AMENDING ORDINANCE 91-70 OF sAID CITY BY REZONING A TRACT OF LAND MORE pARTICULARLY DESCRIBED HEREIN, FROM DUPLEX RESII)ENTIAL (R-23 TO NEIGHBOP,24OOD COMMERCIAL I,C-2); pROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. WItEREAS, the City Commission of the City of Boynton Beach, Florida has ~ No. 91-70, in which a Revised Zoning Map was adopted for said the Scott Barber of Gee & Jensen, as agent for the owner of the t described herexnafier, has heretofore filed a petition, pursuant of Appendix A-Zoning, of the Code of Ordinances, City of Boynton Beach, for the purpose of rezoning a certain tract of land consisting of +13.62 acres, said more particularly described hereinafter, from Duplex Residential (R-2) to Commercial (C°2); and WHEREAS, the City Commission deems it in the best interests of the of said City to amend the aforesaid Revised Zon/ng Map as hereinafter set NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION CITY OF BOYNTON BEACH, FLORIDA, THAT: of Boynton Beach, Section 1: The following described land, located in the City da as set forth as follows: A +_.0.62 acre parcel, described as: All of Lots 10, ll, 32, the west 15.00 feet of LOt 12 and all that portion of Lots 8, 9, 19 and the west 15.00 feet of Lot 7 lying south of State Road 804 fight-of-way, all of Block 2, LAKE BOYNTON ESTATES pLAT l, according to the Plat thereof as recorded in Plat Book 13, Page 32 of the public Records of palm Beach County, Florida. erebv rezoned from Duplex Residential (R-2) to Neighb°rh°°dt' and the same is ~o ;n .. made a part of this [~ C-2). A cati map is attached hereto as Exhibit "AT and reference. Section 2: gly. Section 3: That the af6resaid Revised Zoning Map of the Ail ordinances or parts of ordinances in conflict herew~t~ Section 4z Should any. section or provision of this Ordinance or any ~ declared bya Court °f competent jurisdiction [o be invalid, such decision sha of this Ordinance. Section 5: This ordinance shall become effective ~mmed/ately ?READING this _ day of · ~ ,2002. SECOND. FINAL READING and P this~ dayof CiTY OF BOYNTON BEACH, FLORIDA Mawr -- -- Vice Mayor City Clerk LOCATION MAP EXHIBIT "A" 400 4OO 80O 1200 Feet Requested City Commissmn ~V[eetin.~ Dates [] November2( 2001 [] Decembc'r 4. 2001 [] December tS, 2001 [] JanuaD 2. 2002 NATURE OF AGENDA ITEM XlI. - LEGAL ITEM B.3 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Tumeq in m City Clerk's Office November 7,200I 5:00 p.m.) Novmnnber 21. 2001 (5:00 p.m.) December 5. 200t (5:00 p.m. December 19. 2001 5:00 p.m. Requested City Comm/sslon Meetin~ Dates [] January 15. 2002 February 5. 2002 [] February 19, 2002 [] March5, 2002 Date Final Form Must be Turned in to City Clerk's Office January 3. 2002 (5:00 p.m.) January i6, 2002 (5:00 p.m.) February 6, 2002 (5:0~.m.) February 20,2002 (5:~.m.]' [] Administrative Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Uufmished Business [] Atmouncemem [] Presentation [] City Manager's Report RECOMMENDATION: Please place this request on the January 15, 2002 City Commission Agenda under Legal, Ordinances - First Reading. The City Comrmssinn Board approved request with a vote of 4-1 at their January 2, 2002 meeting. For 51rther details pertaining to the request., see attached Deparunent of Development Mmnorandum No. PZ 01-222. EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: KRISPY KREM_E Scott Barber / Gee & Jenson Krispy Kreme of South Florida, LLC Between NW 1 ~[ Avenue and Boynton Beach Boulevard [SR804] approximately 1,500 feet east ofNW 7th Street, opposite the intersection of Boynton Beach Boulevard and West Industrial Avenue. Request rezone from Duplex Residential (R-2) to Neighborhood Commercial I C-2]. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVE~S~A Dev~efment Department Director Planning and Zonin{~ Director City Attorney Finance / Human Resources S:kPIannmg~SHARED\WPkPROJECTSkknspy l~emekLUAR~Agcnda Item RequestlCnspy Kreme LUAR 1 st reading 1-15-02.dot City Manager's Signature S:kBULLETIN~FORMS~AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANN~hNG & ZONING DIVISION M]EMORANDU~I NO. PZ 01-222 TO: FROM: THROUGH: Chairman and Members Planning and Development B °~'ar~/L--"~'v,,,f~ Dick Hudson, Senior Planner/~ M~chael W. Rumpf (x'~ Director of Planning and Zoning DATE: December 10, 2001 PROJECT DESCRIPTION ProjectJApplicant: K_r/spy K,reme of South Florida. LLC Agent: Scott Barber / Gee & Jenson. [nc. Owner(s): Salvador and Norrna Sentmanat, Anthony Mannino, August Vuttaggio, Giuseppe Vultaggm and Pietra LoPiccolo Location: Four parcels all being south of Boynton Beach Boulevard [SR804] approximately 1,500 feet east ofNW¢ 7~ Street). Having mailing addresses of 633 NWI~ Avenue, 3015 S. Ocean Boulevard - Apartment H, 1501 Nrw 2na Avenue and 3015 S. Ocean Boulevard -No. 404. West Industrial Avenue intersects with Boynton Beach Boulevard immediately north of the subjectpropeny. (See Exhibit A) File No: Land Use Amendment/Rezonmg (LUAR 01-008~ Property. Description: Vacant property consisting of 0.36 acres classified Medium Density Residential (MeDR) and zoned Duplex Residential (R-2), and 0.26 acres of developed property, conrai.ning one duplex residential building and classified Medium Densky Residential and zoned Duplex Residential (R- 2). Total property to be reclassified and rezoned equals 0.62 acres. Proposed change/use: To reclassify the subject property from Medium Density Residential to Local Retail Commercial (LRC), and rezone from Duplex Residential 2) to Neighborhood Commercmt (C-2). The subject proper~y w/Il be combined with a 0.42 acre vacant parcet to the ;vest. which is currently classified Local Retail Commercial (LRC] and zoned Neighborhood Commercial (C-2), to assemble a ±1.04 acre s~[e to be developed as a fast food restaurant with a dr/ye through feature. Page 2 File Number: LUAR 01-008 Krispy Kreme Dougnnurs Adjacent Land Uses and Zoning: North: R/ght-of-way ofWest Boynton Beach Boulevard (SR 804), then property classified Local Retail Commercial (LRC); zoned N~ighborhood CpmmerciaI (C-2)~ and developed w_ith a service station (Texaco) to the northwest4 tO the northeast the intersection of Bo~ynton Beach Boulevard and West Industrial Avenue and farther east, .fight-of-way of Industrial Avenue then developed property classified Industr/al (I) and zoned Light Industrial (iVl-I) (the locanons of Lloyds Auto Electric and Foster Oil). P4~ht~of~w~.¥ of N'v~ 1a~ Avenue, ~hen prope~rty clas~ified Lov~ ~ensity R~iduntiaI, zoned Single South: ......... ~ family Residential (P,.-I~A) and developed vdth single family homes. East: Property classified Med/um~Density Residential (MeDR), zoned Duplex Residential (R-2) and developed with duplex (two family) homes. West: Vacant property classified Local Retail Commercial (LRC), zoned Neighborhood Commercial (C-2) and under ownership of~,applicant. Farther west is developedproperry classified Local .R. etail Commercial (LRG);~zone4.Neighborhood Commercial (C-2),aad occupied by a dentaI/med~cai office building. PROJECT~ A.NALYSIS The parcels, which are the subject o~this land use amendment, total 0.62 acre. Because of the size of the properzy under consideration, the Florida Deparrmen~ of Communi .ty Affairs classifies this amendment as a "small scale" amendment. A "small-scale" amendment is adopted prior to forwarding to the FloridaDeparunent of Cornmuaity Affairs and is not reviewed for compliance w/th the state, regional and local: comprehensive plans prior to adoption. This amendment reques~ presems a, unique situation: The property is being assembled :from property owned by s2 Individuals. The western property consists ofvacam land totaling __.0.78 acre and is bisected :from north to.south into two land use classifications and two zoning districts. The western oortiun of approximately '_*0.42 acre is classified Local Retail Commercial (LRC) and zoned Neighl~orhood Commercial J(C-2). The eastern pomon equals approximately 0.36 acre, is classified Medium Density Residential (MeDR), goned Duplex Residential (R-2) and is a subject of this request. The +0.26 acre parcel to the east is 9urrently under separate ownership (Salvador and Norma Sentrnanat) and is also a subject of this request. It is classified Medium Density Residential (MeDR), zoned Duplex Residential (R.-2) and is occupied by a duplex (two family) structure (See Exhibit "B"). The criteria used to review Comprehensive Plan gmendments and rezonings are lis;ed in Article 2. Section 9, Administration and Enforcement, ItemlC. Comprehensive Plan, Amendments: Rezonings These criteria are required to be part of a staff analysis when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Map. [Pltether the propos~d re,_oning would be consistent with applicable comprehensi*w plan policies includin~ but not limited to, a prohibition against any increase in d, veiling unit density,exceeding 50 in the hurricane evacuation zone without ~vrirzen approval of the Palm Beadh' Couno' Emergency Planning Division and the City's risk manager. The planning department shall also recommend limitations or requireme~ts Page 3 File Number: LUAR 01-008 Krispy Kreme Doughnuts which would have to be imposed on subsequent development of the property, 02 order ro comply with policies contained in the comprehensive plan. According tothe ComPrehens/~,epIan Future ,L~nd Use-SuppOrt'Document, under the "Discussion ofguppl~ ~.nd Demand f6i::Co~erci~il Land' the followingis,re~onUnended: "The Ftfiure I~and Usb?lan which is proposed for the Gity and ~a to be annexed bythe City will accommodate all of the antic/pared demand for commercial land through, build- our. Ther,~fore, the City should not change the land use to commercial catezories, beyond that whicb.~¥S ~h0w'n:is~' the ' ro~°med F~,L~d~Use~Ian ;ex~e~t for min~r bo,u~darv adjustments, smal}'f/5~-I!pam:~I-~i Or co,mmerz~l,~ses:~o;~a/%~h~F,speemlSzeg nature, vzh~ch ha~'e sp¢¢al ~locat~ 9r site ¢¢~ire~e,n.ts? end therefore qarmot, be easity accommodated on already demgnated commerb~a~ areas· -,~ ~:,. ~ ~ · 'This direction is repeated in Policy 1.19.6 of the Land Use Elemen:. "The City shall not allow commercial acreage:whiCh i:s. greater:than the demand which has beeti~projected, unless it can be demonstrated that the ~ddifional commercial acreage would not requi~e the proportion of commercial acreage on [the City's Furore Land Use Map ~o exceed the proportion of commercial acreage on the.P~ilm Beach County Future Land Use Map, The City shall not allow commercial unless, a ~articular property is unsuitable for - other uses, or a geographic need exists i/,-hich:chlnn~t b~fhlfilled by existing commercially- zoned property, and ti~e !,ommefciaI ~se W;uld }6mPty wkh all other applicable comprehe~ive pla~ poti~ieS! ~ The subject property is not located within the hurricane eva~uation zone, Rather than increase residential densities, the requested amendment wilt red'ace the t0taI~ number of existing housing stock by two units. The request will add a total of +_27,000 square feet to the existing commercial node that exists on both sides of Boynton Beach Boulevard in this area, and;may 1Se viewed as a rmnor boundaW adjustment. It is not likely that: any beneficial commercial development could occur on the _+18 000 square foot por'don of, the property currently, des/gnated for commercial developmem while simul~taneously providing adequate screening and buffering ifor the adjacent neighborhood. According to ~e ai~plicant, the resultin~ Commercially-designated parcel will add the necessary property to allow for greater cireulatihn efficiency. F/hether the proposed rezoning would be contrary to the established land use patrern, or would create an isolated district unrelated to adjacent and nearby districts, or would constitute a grant of special privilege to an indi~idual property owner as, contrasted with the protection of &e public welfare. The proposed rezoning would not create an ~sotated district, but would, represent a minor enlargement of an ex/sting commercial node. It would relate to theadjacent lands to the west. which are under the same ownership grid to property both farther west and across Boynron Beach Boulevard that are already develoPed for Local Retail Commercial uses, The requirements for buffer wails between residential and commercial dis~cts; coupled with the city's landscaping te.g. barrier) requirements, ensure that impacts of corramerciaI developments on residentiaI developments are 'ameliorated. Page 4 File Number: LUAR 01-008 Ktispy Kreme Doughnuts c. lgZhether changed or changing conditions make the proposed rezoning desirable. There are no changed or changing conditions that make the proposed rezoning desirable. d, V/he&er the proposed t~se would be compatible with utility systems, roadways, and other public facilities. The parcels, which are the sub.iect of this land use amendment, total 0.62 acre. Only applications involv/ng parcels 1,arger ~han one (1).acre are requited to include comparisuns>of water demand and sewage flow estimates. The Palm Beach County Traffic Disdsion has reviewed the traffic study for the entire project and has determined thatit meets the Traffic Performance Standards of Palm Beach Count< The Traffic .Division Engineer recommendedthat ~he City "review traffic operations attke project access driveway, with emphasis on left-tums in and out of the site. The forecasted peak hour volumes indicate ~e need for provision of a westboimd left-turn land on Boynton Beach Boulevard onto the site. Also, adequate safety measures shouldbe considered tc accommodate left-tums out of the project site." With respect to solid waste; the Solid Waste Authority (SWA) has stated, in a letter dated January 6, . 1999, that adequate capacity exists to accommodate the county's municipalities throughout the 10- year planning period. Lastly, drainage will also be reviewed in detail as pan of the review of the conditional use application, at which time compliance with all r~qukements of the city and local drainage permitting authorities must be demonstrated. e. Whether the proposed rezoning would be compatible with the current and fitture use of adjacent and nearby properties, or would affect the property values of adjacent or nearby properties. As stated above, the proposed zoning would be compatible with current uses of adjacem properties to both the north and the west. The buffering and landscape requirements expressed in both the comprehensive plan and the zoning code will serve to lessen any he,tire effects the commercial development would have on the existing residential developmenr. f. Whether the property is physically and economically developable under the existing zoning. As stated above, it is doubtful that any beneficial commercial developmem could occur on the -I 8,000 square foot portion of the property currently designated for commercial developmenr without leav/ng minimal land available for buffeting purposes. A duplex dwelling might be constructed on the residentially designated portion; however, the location adjacent to Boynton Beach Boulevard and the southbound entrance ramp to 1-95 make this location less than desirable for residential developmem. The eastern-most parcel is currently developed with a duplex d~velling. g. Whether the proposed rezoning is ora scale which is reasonably related to the needs of the neighborhood and the city as a whole. Page 5 File Number: LUAK 01-008 Krispy Kreme Doughnuts The subject rezoning and subsequent use of the property would represent a positive contr/bution to the commercial corr/dor of Boynton Beach Boulevard. h. Vghether there are adequate ,ites elsewhere in the city for the proposed use in districts where such use. is already allowed. There are a number of sites elsewhere in the city where the development of the proposed use would not necessitate.a landuse.amendment and rezoning, q'nese location, may not afford the proximity to a state.road (Boynton: Beach Baule'~ard-SR 804 ) oran int~s;ate.~/g .hw~y~(Ir 95~ tho, t t-h/s .10qati on provides. CONCLUSIO~SiRECOM34]gNDATtONS As indicated herein, this request i~ *6nsistefit with the'intent of th~ Comprehensive Plan;~ wilI not · .create additional impacts·on infrastructure ~at have .not:l~¢en anti~ip~ec~ in thecomprehensive Plan; will be compat~le with adjacent Iand Uses ~n~ w/ili~ontvibu~ t; the ore'ali economic : development o fthe City: 'Thezefore~ Staff re~ ammends that the.:s~4bj ecl requ~est, be appr0~e d, with the acknowledgement that buffering and oth.~r'r/~' design requ/r~r~ea~ts' inte~n,de~ d~m.ma~z~.. compatibility with adjacent uses and traffic related comments will be applied at time of site plan/conditional use rev/ew. Ii the Ptannhag and Developme~n,t, ~,oard or the City Commission recom?hends conditions, they will be included within F,x~bit C~ . ATTA CHIM. ENTS LOCATION MAP EXHIBIT "A" 800 1200 Feet PROPERTY-MAP EXHIBIT "B" ~0YNTON XII. - LEGAL ITEM B.4 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Comn~ssion Date Final Form Must be Turned Meet~n~ Dates in to City Clerk's Office Requested Cit~ Commission Meeting Dates Date Final Form Must be Tumed in to Ciw Clerk's Office [] November 20. 2001 November 7. 2001 5:00 p.m.) [] January 15 2002 January 3, 2002 (5:00 p.m.) [] December 4, 2001 November 21 2001 (5:00 p.m.) [] FebruaD 5. 2002 January 16, 2002 15:00 p.m. [] December 18. 200I December 5, 200[ (5:00 p.r~) [] February 19. 2002 February 6, 2002 (5:OD..p.m.~-:~ [] January2.2002 December l% 2001 (5:00p.m [] MarchS, 2002 February20,2002(5:0l~-p.m4;.-~ NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Heating [] Legal cn ~ c-~ [-- Bids [-' Unfinished Business [-' Announcemem [-- Presentation [] City Manager's Report RECOMMENDATION: First Reading of an Ordinance amending Police Pension (Retirementj Plan. The Recommendation to approve furst reading. EXPLANATION: The ordinance contains language to clarify investment roles of the fi.md, change the eligible normal retirement criteria to add a provision where a sworn officer with 50 years and 15 years of service could retire. Currently, the criteria are either 20 years of service or age 55 and 10 years of service. The early retirement benefit penalty has been reduced ffom3%to 1.5% The~rdinancea~s~pr~videsdirecti~nandcriteriat~theB~ardf~rnenseIv~ceincurredretirements(pg. 18) and for disability pensions. The draft ordinance also introduces language related to death benefits for families of active employees. The ordinance also recogmZes prior service as a police officer in another agency, provided that the cost of "buying into the pension fund" is the sole cost of the employee. Finally, the ordinance provides for the optional distribution ora "13t~ Check" to pension beneficiaries based on the investment earnings of the fund. In th/s instance, there is a min/mum fund investment earnings of 8.5% as blended over three years, before a 13t~ Check can be authorized PROGRAM IMPACT: The program change will provide an incentive for staffto stay with the City and will assist the City in recmiunem of new personnel and experienced officers for police service. FISCAL IMPACT: Assuming 100% allocation of the State Premium Tax Refund to pay for this and other penston enhancements, the program will cost the City an estimated $48,839 additionally. The original projected City pension cost was $312,637 and this proposal will increase the total cost $361,476 based on 2001 salary data. The City budgeted $486,582 for pension contributions. The cost of the program is covered as part of the state shared insurance premium program called "Part 185." This program requires that Part 185 Funds be used for "pension enhancements." There will be sufficient revenues from the Part 185 funding program to meet the cost of these enhancements in future years' budgets assUming there is no drop in Part 185 funds. None is anticipated. ALTERNATIVES: ~~ Do not adopt ordinance that will extend this benefit t e members of the pension system. Depam~ent Head's Siguamre - C~'t~ Manager's Signa'~'e S:~BULLI~TIN~ORMSKAGENDA ITEM REQUI~§T FORM.DOC ~'N,~_~ ~ £2/i~/2S~t ~9:58 56!6555~20 HANSON PERRY& JEN5 December 19, 2001 XlI. - LEGAL ITEM B.4 ViA FACSIMILE AND iFIRST CLASS MAIL James clierof, EsqUire - Cibj Attorney Cit~j of Boynton Beach 100 East Boynton 'Beach Boulevard Beac Rorfd' 33435 Re: City of Boynton Beach Police Officers' Pension Fund - pmposed~Ame~'~dme~t Our,F~N~ t8~:4°~ Dear Jim: [ h3ve e-mailed to you ~ proposed pens~n pla~' d~cument which has been updated pursuant to our moating on December 13, 2001 as~r~tfows; F~g~3- Section '~8~t64(BX~7) .- Added a sentence pmvid~g for annual. re~'~ o~ th~actuada[ assamptions- 2. Pag~.!~(~_~ 18_t 66(AX2;) _ Lspoke w~th Tdsh Sheeraaker regan:l~gthe selection of a successor police officer trustee in the event that the police officerleaves the municipality. She indicated that the operative language in 185.05(1')(a) is "in the same manner." This language would require the successor to be chosen by an election by the majedty of the participants in the Fund. Page-15 - Section t8-167(A)(3) - City Treasurer will be responsible for 4-. Page 21 -.Section 18-!~69(C)(2~ ~ Adds an effective c~ate of October 1, 2900 f~r the increasenf the L~Or~-d, uty disa~ity benefit. This is tn accordance with 5. Page 2T- Sect[on 18:l'6g'(F)'- AgdIanguage to'lOctite fl'fo 1~85:corttrfb~dorr at the rate contributed through calendar year 2005 or, if earlier, 1% of payroll. I have asked Steve Palmquist to providean item by item breakdown as tothe cost !2/1~/2~01 89:58 5616555820 H~NSON ~LqR¥& JENS~ ~C~ 83 James Chemf, Esquire City Attorney City ef Boynten Beach e mber 2o04 Page 2 of the benefits proposed in this amendment. I believe that this is all of the open items from our meeting. know and I will get you the items that you need on the January 15 2002 city Counc ~agenda se that I: If not please let me will be Thank You for your assistance. Ifyou have any questions,please ~ not hesitate to contact me. Sincerely youm; C.~y t~-C,l~,m'm~ ~d ~ H:'~B 188~C[ty~Clleml'l.~13d ORDINANCE 02- AN ORDINANCE OF THE CITY OF BOYNTON BEACH. FLORIDA, REPEALING ARTICLE III. PENSIONS FOR POLICE OFFICERS, OF CHAPTER 18 OF THE BOYNTON BEACH CODE OF ORDINANCES, AND ADOPTING A NEW ARTICLE III IN REPLACEMENT THEREOF TO BE ENTITLED MUNICIPAL POLICE OFFICERS' RETIREMENT TRUST FUND; PROVIDING FOR CREATION AND MAINTENANCE OF THE FUND; AND, PROVIDING FOR THE REPEAL OF ANY PART OF THE BOYNTON BEACH CODE OF'ORDINANCES, AN ORDINANCE OR RESOLUTION OR PARTS THEREOF IN CONFLICT HEREWITH; AND, PROVIDING FOR AN EFFECTIVE DATE HEREOF. WFtEREAS, the- State ~stamm of the State of FIorMa has enacted numerous: amendments to Chapter 185, Florida Statutes, known as the Municipal Police Officers' Retirement' Trust Fmsd~.-' WHEREAS, the City Council of the City of B0ynton Beach, Florida, desires to revise its ' Poi[ce Officers~ Pension Ordinance in order m comply with State Statutes' and to provide pension benefits to its police officers; NOW.. ~',E; B:E tT ORDAtN~DBY THE CITY COUNCILOF THE C~3TY OF BOYNTON BEAC~,-FLORIDAz Section 1. Article III of Chapter 18 of the Boynton Beach Code of Ordinances is hereby repealed and a new Article III of Chapter 18 is hereby adopted as follows: ARTICLE III. MUNICIPAL POLICE OFFICERS' RETIREMENT TRUST FUND Section 18-164. Creation and Maintenance of Fund and Retirement System A. Ttlemis Beaeh, Florida, -to be known as the Boyntun Beach Police.Officers' Pension Fund. OtS~<~'s* 1~ etii-~m eat Trt~: Fm~ hereafter be known as the Boynton Beach Police Officers' Pension Fund and shall be administered as set forth in this Article of Chapter 18 of the City of Boymoa Beach Code. The Fund shall be maintained in the following marmer: i. By payment to the FUnd o£ the net proceeds of the 85% excise tax which is imposed by the City of Boy~,t0n Beach upon certain casualty insurance companies on their gross receipts of premiums from holders of policies. which pohcies cover property within -the corporate limits of the City of Boynmr~ Bach as,authorized-in Ckap~er I85/Florida,Statutes, amended. These amoUnts are to be deposited with tim Boa~&O~6rus~ea~ ¢athm ~.¥e (5):days ofreceilYeby, th. municipality. Chapter~t-,85; 2, By the payment to the Fund of 7% of the, salary of' each full time police c~ffii:er, duly appoi, nted,~.ad enrolled, aa,~.member of tl~ CitT,~ Boymon Beach ~ DelYartmemT' whff~ 7°-3 simlli~.-pieked ap¢-mthea: than.' deducted, Ivy:the City of'Boynton Beae~h~from :th. comp, m ~afio~t d~;e to the Police Officer and paid over to the Board of Trustees' of the 13oynton B~aeb. Police. Officers genston ICunc[ on- a: ba~. Ag pickup . eomxibutio' ns shall.be treated as eanployer .conm~v.t/on~ e[et, utfiinng tax treatment under the Internal Revenue Cod~-oftg86, as amended. All such pick up amounts shall be considered as employee contributions for purposes of this plan. The percentage deducted from the police officers' salaries are to be deposited with the Board of Trustees immediacy. Chapter -1 gS,Fta, Stat, Bo~ntto~;Beacl~ Cod~ of Ordlnancea Sec. 18,170. 3. ay att fines amt~ forfdturesSmposec[ anct extltecte6 ~any pot-iee-~>fiieer of Tixtstees. Chapter 185, Fla. Stat. By mandatory payment at Ie~ c[u~er~ by the City of.B°Ym°~r Reach a~ sum equal to the normal cost and the amount required to fund any actuarial deficiency shown by an actuarial valuation as provided in pan VII of Chapter 112, Florida Statutes. Chapter 185. Fla. Stat. On an annual basis, the Board of Trustees will evaluate the actuarial assumptions used. 5. By all gifts, bequests, and devises when donated to the fund. Chapter 185, Fla. Stat. 6. By all accretions to the fund by way of interest or dividends on bank deposits, or otkerwise. Chapter 185, Fla~ Stat. By atI o~ker;soureestox ;u~-no~~ o~h~etee~eramt~rizerkby t~ for~the. augmentation of the Boynton Beach Police Officers' Pension Fund. Chapter 1,85, Fla~ S, at C. Under no- c[tuusn~[m~¢es iiiay' the City of ]~o~jnton Beack reduce- the member. conta4bution,to iess than.oneq~atf of one, percent of salary. Chapte~ t 85, Fla.. Stat. Section 18-165. Definitions. A.~ The f~ltov~mg words or pkrases, as use~ ir~ this ordinance,, shall have the fottetwi~gmea~i'ng: 1. disabilityretiiee~ "Average final compensation" shall mean the average total remuneration received by a police officer during the best five (5) years of servxce with 3 the city within the last ten. Chapter 185, Fla. Stat., Boynton Beach Code of Ordinances Sec. 18-168, as amended by Ordinance No. 0 00-18 and 000- ''Compensation'' or "salary" shall mean the total cash remuneration including "overtime" paid by the: primary employer to a police officer for services rendered, but not including any payments for extra duty or a spe~aL detail work performed on. behaif:ofa second party employer .paid directly to, the poti~eoffice~ hy the. second~ emptoye~. ~lae~member's comlaerrsati:orr or satary~cuxii~ii,-tm~ as em~-elective salary reductions or deferrals to any salary, reduction, deferred compensation, or tax- shetter, e~ annuity pmgram~ autlm~ ,,,tmder~the InternaLR. evenue:Code shall:be tteemed: t~.'~ b~'tt~ compensations- o~:~ Be memi'~er would'.' receive if he-or st~e- weremot partficip~ting i~ sael~.progmm an& 3halt be. treated as compensation for retirement purposes under th/s ordinance. For any ,pe~on :wlm fi~ becomes, a. meml~,,r in.anyp'lar~,.year beginn~g, on- otc afte~ January. t, t_996, compensation fo~ any,t~4an*~year~ shall: not. include any amounts /n excess of the Internal Revenue Code s. 40I(a)(ITJ limitation (as amended by the Omnibus Budget Reconciliation Act of 1993), which limitation of $150,000 shall be adjusted as required by federal law for qualified government plans and shall be further adjusted Re¥~)ue, Code s. 401(a){L7~B). For any person who first became a member la'ior.~ rite. first ptart :year :beginning ,on~.o~ ~ JannarF 1 > t 996,- compensation amount that was allowed to be taken into account under the plan as in effect on' July 1, 1993, which limitation sha~ be adjustee} for changes in the cost of living since 1989 in the manner provided by tntemal 4- Revenue Code s. 401(a)(17)(1991l. Chapter 185, Fla. Stat. "Creditable service" or "credited service" shall mean the aggregate number of years of service and fi'actional parts of years of service of any police officer, omitting intervening years and fractional parts of years when such police officer may not have been employed by the municipality subject to the following conditions: a. I'4o police officer will receive credit for years or fractional parts of years of service if he or she has withdrawn his or her contributions tc~ ~e' ~ f~ ~: y~:s~'~ fr~c~km~ ~m~.~. ~ ~ o~. s~'~ic~ unless the police officer repays into the fund the amount he or she has withdrawa~ plus, ~ ax deteam~ined by the board in A police_ officer may voluntarily leave his or her contributions in the fund for a period of 5 years after leaving the employ of the police d~loattmem, pending the possibility of his or he~ being rehire~ h.v the same xtegartmeut, without losing; credit.for the time he or she has participated actively a~ a police officer. If he' or she is not reemployed as a police officer with the same department within 5 years, his or her contributions shall be returned to him or her without interest. In d/~ram~amg the creditable se~c, of any p~tice~ officer4 credit for up to 5 years of the time spent in the military service of the Armed Forces of'the United Stat~ shall be added~ tc~,th¢ years of (1) The police officer is in the active employ of the municipality prior to such service and leaves a position, other than a temporary position, for the purpose of voluntary or involuntary service in the Armed Forces of the United States. (2) The p~lice officer is entitled {o reemptoymem under the provisions of the Uniformed Services Employment and Reemployment ~Rights Act, (3) The police officer returns to his or her employment as a police officer of the municipa~hty within 1 year from the date o£his or her release from such active service. d, . , Continuous sex,ce witk the employer, skait event of: (I) Absence on an approved leave of absem:e; Absentee, fi~na~ violin, bee, auc~ o~ occupationa~ haejur5, orl disease.incurred in.employment for x~hich a police officer is entitled to Workem' Compensation payments;, (3) Absence due m service. State~ pmvid, e~ the~ shall reenter empk~gmenr witti the City Within t year ofd/scharge. Chapter 185, Fla. Stat. "Beneficiary" shall mean any person, ine[ud~g ~ who is entitled to receive a pension benefit payable from the Boynton Beas~ Polic~ Officers' Penalo~ Euad:,ut:m~ th. death.of a: member or participant. Chapter 185, Fla. Stat. "Fund.'! er '~tic~,Ofi:¥ce~', Pemio~Fund~"-sha~[ mean-th~Baynto~'Beael~, "Plan year" shall mean the fiscal year commencing October 1~ and ending the following Sept~t~{t, er 30th. Boynton Beach Code o Ord~remces Sec. 18-t71, Ord. No. 90-23, §1, 8-7-90. 8. "Police officer" shall mean any person who is elected, appointed or employed full time by the City of Boymon Beach, who is certified or required to be certified as a law enfomement officer in compliance with §943.1395, Florida Statutes, who is vested with authority to bear arms and make arrests, and whose primary responsibility is the prevention and detection of crime or the enforcement of the penal, criminal, traffic or highway laws of the stare. This definition includes all certified supermsory and command personnel whose duties include, in whole or in of full-time law enforcement officers, part-time law enforcement officers or auxiliary Iow enforcement officem as the ~amc are dallied:-in §943. t0{6~-~md ~8). Chapter t85, Ftm Star. "Retiree" or?retired police office*" shall mean a police officer who has entered retirement status. For the purposes of the Deferred Retirement Optior~ Plan (DROP), a police office* who ente*s the DROP shall be can~ide*ed.:~:retime fur. all~ of the plato: Chapter }85, Fla.-Stat. I0. 'Retiremenff shall' mean a police officer's separation from City employment with immediate eligibility for receipt of benefits under the plan. For purposes of the DROP, "retirement" means the date a police officer enters the DROP. Chapter 185, Fla. Stat. ~ Tt/e masculir~ g~nder includes: the. feminin~ aud: word~ of tl~ singular v/ith respect to persons include plural and vice versa. St~tio~a t8-t66. Boarrlof~Tmst~es C~zeated. Beach PoliCe Officers' Pension Fund which shall be solely responsible for administering the pension Fund. The Board of Trustees shall be a legal entity, with the power to bring and defend lawsuits of every kind, nature and descripuon. 7 and m the extent required to accomplish the intent, requirements and responsibilities provided for in this ordinance. The Board shall consist of five trustees as follows: I. Two legal residents of the City, who ~shall be appointed by the City Council. Each City Trustee shall serve at the pleasure of the City Council. Each City Trustee may succeed himself or herself as a trustee. 2. Two pohce officer participants of the C~ry of Boynton Beach Police Officers Pension Fund, who are elected by~.a majority of the police officer par6,cipants, i~ the Fund~ Elections shall beheld, undm: suck regulations as the Board of Trustees shall from time to time adop[. Each po.lice- offmx~ tins{ce shall ser~e as a trustee for a penoat of two years, unless, he or she sacme~=ceases-to.he a police officer, ia ~e. empto¥ of Boynton Beach Police Depamnenh whereupon their successor shall be elected by a: r~m~y~ty of~t~' lya~pan~s of ti're ~ Be~i~ Pa}ice Officers' Pension Fund. Each police officer trustee may succeed himself or herself asa trustee. 3~. At fifth tmstee:shal[ b~ chosen by the majority of the other four tr~ees. This fifth tmstee's name shah be submitted to the City Council, which shall, as a ministerial duty, appoint such person to the Board as a fifth trustee. The fifth trustee shall serve as a trustee for a period of two years, ami may mmceed:blmself or herself as Chapter 185, Fla. Stat. ~oard vacan~eg; Pracedurar ta Fill Same_ Imtbe ever-ar maslee provided~ for in. Boymon Beach Police Department, he shall be considered to have resigned from the Board of Trustees. In the event suctx a trustee shall resign, he removed, or. become ineligible to serve as trustee, the Board shall, by resolution, declare that office of trustee vacated as of the date of adoption of such resolution. If such a vacancy occurs in the office of trustee within ninety days of the next succeeding election for trustee, the vacancy shall be filled at the next regular election for the unexpired portion of the term; otherwise, the vacancy shall be filled for the unexpired portion of the term at a special election called by the Board. In the event a trustee provided for in Section 18-166(A)(1) and (3) shall resign, be removed or become ineligible to serve as trustee, the Board shall, by resolution, declare that office of Trustee vacated as of the date of adoption of the resolution. The:successor for the tme~pire~ portion of the,turin shall be c,b. osen in flxe~ same: manner as an original appointment. Board Meet4ngs:~ Quorum: Procedures. The Bo"~d~ of Trustees shall hoki- meetings :rm~ tar[y, at lea~ OllC¢ ea.ck place thereof. At any meeting of the Board, three trustees shall constitute a quorum. EacI~ trustee shall be entitled to one vote orr eaci~ question before the Board and at least three concurring votes shall be required for a decision by the Boar~ at anFof its. meetings. The Board-slaat~ adopt its, own ruk~ andprocedures a~ sl~alI keep a record-or'its proceedings. Ail meetings-of the Board shall be open to the public. No trustee shall take pan in any action in connection with their own participation in the fund, and no unfair discrimination shall be shown to any individual police officer participating in the fund. _ -1:. BoarctChairman and:.Secre~ary. a. The Board of Trustees shall, by majority vote, elect from its (1) (2) a complete minute book of the actions, proceedings or hearings of the Board; A record of all persons receiving retirement payments 9 under the plan which includes the time when the pension ~s allowed and when the pension shall cease to be paid: and (3) A list of all police officers employed by the municipality which includes the name. address and dates of hire and termination. D. Compensation. The trustees of the Boynton Beach Police Officers' Pension Fund shall not. receive any compensation for their services as such, but may receive expenses and per diem When performing official dutiesin:administering the fund. Section L84~6~7~. Power~o£fl~ Board_of Tru~ee& A. The Board of Trustees may: i f In~es~ andr reinvest the asse~s of th~ .Boynton- Beach Police Officers' Pen~mo~ Fund in annuity and~.li~ inm,raltc~ COlltr~m. of life ill,sUl~llce~ companies in amounts sufficient [o prr}vide, ia whole or in part, the benefits to which: afl tl~ pat-ticipams irt' the mun/e~r~t police off/cers~ renremenr u:ust fi.md shall.be entitled 1index the provisions of this ordinance, ~[pa~( ~ in/tiaf a~.subsequem pre~um~~ thereon from the integral~ part of the Fund. If current stat~ contributions are adequate.m fund m~nimum requirements of Chapter 185, additional State funds may be used to provide benefits that exceed requirements of Chap[er 185. 2. Invest and reinvest the assets of the retirement u'ust fund in: Time-or ~ agcctunts ot~ a:rmtiomtt bank. a~st~te-bank insured by the Bank Insurance Fund, or a savings and loan association [mamd. by tl~ Sa,~in~:,:~ tmlmaw~.:Fund ~ ix state or federal chartered credit union whose share accounts are h~m'ed by the National Credit Union Share Insurance Fund. The aggregate investment of fund assets in: O) Obligations of the United States or obligations guaranteed as to pnncipal and interest by the Government of the United States; Bonds issued by the State of Israel; Bonds or other evidences of indebtedness issued or guaranteed by a corporation organized under the laws of the United States, any state or organized territory of the United States, or the District of Colnmbia. However, such (5) grades'and no, more~ I0% o£the fmeat income portfolio Com~ bonds ~enntmn~g ~ ptedge of the full faith ar~' credit of the county involved, bonds of the division of bend finances of the department of general services, or of any other state agency, which have been, approved a~ to lega[ am:L tisch!sufficiency hy:the state,henrd,of arlm4nistration; and Obligations of any municipal authority issued pursuant to the laws of this state; provided, however, that for each of the five years next preceding the date of investment the iltC. Oll~ of sllC,ll alKhl:kri~f a.vailabl~ for fix. e,d..-~.harges s]lat[ have been not less than 1.5 times its average annual fixed- charges' reqnirementover 'theli£¢ of its obligations; than 10% of the fund's assets be invested in the bonds or other certificates of indebtedness of any one issuing company; not shall the aggregate of such investment in any one issuing company exceed 3% of the outstanding bonds or other certificates of indebtedness of that company. The aggregate investment of fund assets in the common stock or capital stock issued by a corporation organized under the laws of the United States, any s~a~e, or organized territory of the United States or the District of Columbia shall not, at market, exceed 65% oF the 5md!sassets; nor shall more than 5% of the fund's assets be invested in common 'stock or capital stock of any one issmng c~ nor, sh~t ttm,:a~gre~r~ of such: in~estmem' m: any one issumg company exceed 3% of the outstanding common or capital stock of. that compan:y. The Board of Trustees may mvest up To tss~e drafts upon the~ Boynton Beach. ~olice Officers. Pension .Fand pursuant to th/s ordinance and m[es and regulations prescribed by the Board of Tmste, e& All suck drat~ ~halt be~ consecutive~y, numbered~ and~ shall he' s~gned by the~Chairma~~ and:Secretary .of tl'te:Brrard, .o~, ~tlS-mir designe~,and shall state-aport-their faces the purpose for which the (karts are drawn. The City~Trea.sure~ shall retain such drafts when paid, as permanent vouchers for disbursements made, and no money shall be otherwise drawn from the fund. Com~ert im~ easl~, any securities of the. Fund as it ma,y deem-a4visable~ having regard for the cash reqmrements of the fund. The board of trustees may cause any investment in securities held by it to be registered inor transferred'into its name as tmsteee~into the name of such nominee as it may direct but the books and records shall at ali times show that all investments are part of the fund. The sole and exclusive administration of, and the responsibilities for, the proper operation of the retirement fund and for making effective the provisions of this chapter are vested in the board of trustees. C. The Board of Trustees shall retain a professionally qualified independent consultant who shall evaluate the performance of any existing professional money manager and shall make recommendations to the board of trustees regarding the selection of money managers, if necessary. The term "professionally qualified imtep~mle~ c~tn_-~Ita~." shatl b~e th~. meaning; a~,set-fortt~il~ Eto~4da~Statutes § 185.06(5)¢). D. The Brutal' cf Trustees may emptoy' suc~tr ind~I~endent prcfess~onst. o}her ad~iser~ as. m~y be needed: to Bd~itl the-Boarcl's respormibintiea under this pension plato These profession~als include but are not limited m: leggl counsel, actuary and certhSed pub~[c accountants. If the Board ckoosee to user the: Cit.v~s legal counsel, acauary or other professionaktectmical or other adviser~ it. must clo sc~ o2ly,tmcter terms, and c~nclitiorm acceptable to'thc Board. Chapter ~85, Ft~. Stat.; Co~ t958, §1146; Or~. N*. 83-tl, 2II, 4-t9-8-3; Or~: No. g342,~ 12-6-83; Ord. No. 90-28, §1, 9-5-90; Ord. No. 099-20, §2. Section 18-168. Membership Ail police officers who are participants in the Fund as of the effective date of this ordinance shall be members of this retirement system. Each police officer shall be included in this plan on the date of hire. Section 18-169. Requirements for Retirement-Benefit Amounts. A Normal Retirement 1. Normal Retirement Date. The normal retirement date of each police officer shall be the first day of the month coinciding with, or next following, the date ot~ which he or she l~as:a~,~d anat completed 20 years of service or the first day of the month c0ineiding with or next following the date on which he or she has attained ag~55 and completed. (Ord. No. 81-28, §1, 9-15-81; Ord. No. 000-18, §4, 6-~-00) 2. Normal-R~ Benefm The normal .relitement bex~fit .payable to a police officer who ret.ires on or after the normal retirement date shall be an amount equ'at m the nmnher of years of: h/s or her' credite~ service multiplied by 3¥o of Iris or her average final compensation. (Code }958, §21-85. Ord. No. 099-20, 7-20-99) 3. Form of Benefit. A retired police officer's retirement benefit normally shall be payable in the form of a monthly life annuity with 120 monthly payments guaranteed. This form of annuity provides for a retirement benefit lmyablemomh/y to the ~ ~mlJtoyee'dUrin. g~f~imes~-with~ a guarantee that not less than 120 monthly retirement ben~fit~ shall be gaicl~ e~n: it~-the retir~:-emp!~ dies~ pfio~ m .~ mce-i~f [Z0[ payments. (Florida Statutes Chapter 185, Ord. No. 000-I8, § I, 6-6-00) Early Retirement. l. Early Retirement Date An employee who has attained age 50 and completed at least 10 years of credited service may elect ro terminate employment and retire on an Early Retirement Date which may be the first day of any month after 10 years of service and attainment of age 50 2. Early Retirement Benefit. The monthly amount of early retirement benefits payable to a police officer who retires on the Early Retiremem date shall be determined in accordance with Sec. 18-169A based on credited service to the early retirement date subject m an actuarial reduction of 1.5% per year of service ro take into account the police ofi~cer.',s younger- age: ar~- the'- eadi~r~ cuatme~acement- of retirement- benefits. The early retirement benefit shall be paid in accordance with §18~t69~ FIor~da,Statutes Chapter 185. D4sa~t~y Re~emen~ 1. Service Incurred. Any member who receives a med~caIIy substant~ted service connected: injur~, disease or disability whict~ im}Uzy, d2*seas~ or disability, toml~yan~,permanently disabled[ h/m ~ her to. the,¢xrem ~aat~in the opinion of the Board~ of Trustees, he or she is wholIy prevented from rendering useful and efficient service as a police officer shall receive a monthly benefit equal to 66 [2% of his basic rate of earnings m effect on the date of disability. Such benefit shall be payable on the first day of eackm~r~t~ commencing on~ th, fi~'~d~ o~rhe mouth fallowin~:the Iatter m occur of the date on which the disability has existed for 3 months and th~:dat~: tl~' board of ~,tstees appro~e0~ t~ pa~ymemo£.anch retirement available ro service retirees in accordance with section 18-170. In the event of recovery prior to the otherwise normal retirement date, credit for sca'vice during the period of disability shall be granted for purposes of subsequent retirement benefits. Subsequent retirement benefits will be actuariaily reduced to account for the benefits that were paid during the period of disability. The amount of the disability benefit payment from the fund shall be reduced by any amounts paid from worker's compensation and the federal-social security system. The reduction for social security benefits shall be in the amount of the primary ~nsurance ainouht, (PTA)only,-and ~future increases,.if any, in the disabled member's social securit, y disability benefits~sha!Liiot ser~e to reduce arty further the cl~benefit from~the fimcL: ~he~-redimtiom for soei~: secmity'sl~l~ terminate upon the attmnment of age 65. The pension benefit may only be reduced to ~e extem that the_tota} of tl~benefits from thi~ Fur~ workers? co~n :~ soma}:seemity benefit~- e~ee~i-400°/,~ of~ li~ d[sabte~:' member,s basic rate,ofeamings on~tlm,date~oidisability.. Howe=er, in-all cases the benefit, wilI be at-teast 42'/~ of average ffnaI Compensation. Ally col!rtltiol~: o~- impaimaeat of, health of a member, canse~ by tubercule~is; hypertension, heart., disease.~-hardening o~ the arte~es, hepatitis, or meningocoecat meningitis resulting in total or partial disability or death, shall be presumed to be accidental and suffered in the hne of duty unless the contrary be shown by competent evidence. Any condition or impmrment of health caused directly or proximately by some definite time or place without willful negligence on the part of the rrtemb~.re~gir~g~.-in:tota[ or-p~lia} flimbility, shale:be presumed to be slmtl have,successfully passed a physical examination upon entem~such service, which physical examination including electrocardioma~ fail'ed-to reveal any evidence of such condition. In order to be entitled to 16 presumption in the case of hepatitis, meningococcal memngitis, or tuberculosis, the member must meet the requirements of § 112.181. Florida Statutes The final decismn whether a member meets the requirements for duty disability pension rests with the board and shall be based on substantial competent evidence 4n the record as a whole. Non~ervice ~ncurred. Effective October 1, 2000, any member with ten (10) years of comhauous service who receives a nonservice incurred injury, illness, disease or disability, and which illness, injury, disease or opimon of the board of trustees, he is wholly prevented fiom rendering ~ and: efficient service as apolice officer, shall receive fi:om the fund in equal monthly installmem an ameun[ his average final compensation for each year of continuous service until death :or recovery from disability whichever shall first occur, provided. however, the maximum benefit to whick a member may become entitlect under this'.paragrapl:t shall: not:exceec[.~ ixer, cera (60g,,~) of his average fraat compensation' dm'ing said period, but in aI~ cases the benefit wilI be at least 25% of average final compensation during said period. Such benefit shall be payable on the first day of each month, commencing on the first day of the month following the latter to occur of the date on which the disabi~ ha~ e,xism~,for three~ (t-). montha and. ihe date the board,of trustees approved the payment of such retirement income. Medica/Board. WheneYer it becomes necessary for the board- to axail disability retirement the board shall designate a medical board to be " ' composed of competeht medical, authorities and/or specialists;pas needed. The medical board shall arrange for and pass upon the medical examinations required under the provisions of this secuon, shall investigate all essential statements or certificates made by or on behalf of a member in connection with an application for disability renremem and shall report in writing to the board its conchsions and recommendations upon all matters referred to it. The payment for such services shall be determined by the board. Return to active duty from disability ~firement. In the event a member who has been retired on a pension on account of permanent and total Incapacity regaias,.his heatth and3$ found by, the, medic, al, I~oard designate. by the board to be in such physical and mental condition as to meet the req~ements of the personnel-department for service~as a police officer of the. city. the boan~ slxalt order l~;:F~qloa discontinue~, and-lan shall be ordered to resume active duty in the city at the same rate of compensation curreraly ha. effe~ for Iiis pay gr~:e, Tl~e ~ shat~ reviewperlodien[ly, in its discretion, the condition of any member receiving a pension for disability and if ~m is substantial capable' of performing service acceptable to ,the city as a police,officer, ke shall be ordered to resume active duty and his pension shall be discontinued, Disability Exclusions. No member shall be granted a disability pension tlt:~:~l~ ~.S~I:I~m the sati~ faff,.kUtOt! th* a. That the disability resulted from an intentionally self-inflicted wouxt~ k~l.try ot ,ailmealt. or narcotics, drugs, or intoxicants That the disability resulted from an injury or disease sustained by the police officer while willfully and illegally participating in fights, dots, civil insurrections or while committing a crime: d. That the disability resulted from an injury or disease sustained by the police officer while serving in any armed forces; e. That the disability resulted from an injury or disease sustained by the police officer after einployment has been terminated; or f. That, in the case. of a duty. disability only, the disability resulted from an injury or disease sustained by the police officer while working for anyone other than the: Ci~ and arising out of such Further disability provisions. Each member applying for a service incm~ed, disabi12,ty- benefit from ~ fan~ shalg be~ motuire.~ to. apl~y £o~ disability benefits under social security, and, if applicable, workers'-- Compensl~iOIr. Furthermore; each person, granted a service: incurred disability shall be required to submit to the board, ne later than March Is~ o£-eaC!~ year, m stammeaxt shox~ing the monthly.a~notmt of s~ial security 0P~ ontyy-and,woflcers' cmntmnsati~n beneffts~recei~ed bY him or her as of March 1s~. Willful refusal by such persons to comply with these regulations shall be grounds for the termination of or nonapproval of disability benefits from this system. However, the board shall exercise its discretion in each case. ten0aination of death benefit ghall be payabI* to t. bef deceased: member'S spouse. The f0~: each year of it least. 30% of ~g averaae final compensation. It shall be payable in equal monthly installments commencing the first day of the month following the date of death and ceasing upon the death of the Cpouse., If there isno spouse, the benefit, if an¥,~ will be paid to the deceased participant's estate. If any member with at least ten (10) years of continuous service shall die prior to retirement or other termination of employment with the city, a dea~ ben. efit ~han be payable t9 th~..deceased member's SPouse. The benefit .shall. equal 3% average final compemat[or~ for each year of contimmu~,servi~e.- It 'shag he, payable, m equal mom~ ias~ts - commencing the first,day of the month following the date of death and ceasing upon the death or remarriage of the spouse. [£there i~n~ spouse~ (Ftox'ida Stat,,tel §185~ Code. 1,958;.~21,-87; OrcL No. 78-6, §1, 3.-7-78; Ord. NO. 000-I8, §2, 6-6-2006; ord: No. 000- ) If . the~ l~eksi .legatees, entitled to it refund:Of 100% o~* ¢ontnbtmonsmade ~ the memBe~ to Separation from Service. 1. If it member IeaYe~the serv~c~ member~shall be entitled to a-refund:°f'alt such police officer UPon attaining 50 y-eam~ ~mor¢.m~15 recetv~a~ early retirement benefit at the aemariai equiva!.~t 0f the amount of such retirement income 2o otherwise payable to him or her at early retirement or upon attaining age 55 years may receive a normal retirement benefit at the actuarial equivalent of the mount of such retirement income otherwise payable to him or her at normal retirement. Monthly Supplemental Benefits. l. Effective October -I, 2006, any reth'ee or beneficiary rece~vin~ pension benefits is entitled ~:o amonthl¥ supplemental pension benefit- The benefit pool. will be funded b~~ 100% of the earnings Jand 10% of the principal 2. The. benefit poor shall be di,¢ided accorclin~:to the total number of years of ser~ce re;ad~ by~ all retireesywith a :caR o~26:~ears: The shares wilI'be ~ of service ' i00% 13 12 55% 100% Based on,% receiv~mg ot ~etikee~ benefit 2005 or, 21 increase in the 185 monies. These 185 funds, contributed through calendar year 2005 or if earlier when the entire City 1% contribution is made, ,wilt be added to the baseline 185: calculation under 185.35iD(b). The Member and City contributions shall be_effective the first full pawoll period following the effective date of,this ordinarme. Emplo,;ees will contribute to this benefit through 20years ~of service.. 4. , :~:'Lrhks} ber~fit./sha}l~:~ ,~asCa pa~of the. regular monthl,; pens[0n~benefit:., ~;he~.benefit;~shatl:. be,.lmVable m.tl~ retiree and an,; beneficia~ S, ecfim~:[8;-lT0k Optiaa~,~Forms of Benefits, ^. Eaeh~ ~ em~lee[t¢~ a; nmawak eady~or,disabfli~.retiremem benefit shall have.' the r/ght~,any,~time, pfia~ t~> the date~on_whicl~ the benefit begins to elect to have the benefit payable under any of the options'hereinafter set forth in lieu of the amaum audi form of beaefits pm~ided, abo~e, and~ t~ ~evoke_an such elections and make, m~e~ ,alectirm at,a~y time pt4o~ to the actuaLcommencement of pastment. The value of optional benefits shall be the~amuarial equivalent office-value of benefits otherwise payable. The member shall make an election by written request to the Board, such request being retained in the Board's files. The optiods available to the members oftbe Fund are as follows: - t. Life A,mui~- TI~e~membe~ may eteet to, reeeivea:benefitzpayalatefor the. member's life only. 2_ Contingem. ~(~roiat amt Sta~vor Optioa)¢Tl~memhermay:eteet pensioner designated by the police officer, and following the death of either of them, 100%, 75%, 66 2/3% or 50% of such monthly benefit payable to the survivor for the lifetime of the survivor. The member upon electing any option of this section will designate the joint pensioner or beneficiary (or beneficiaries) to receive the benefit, if any, payable under the plan in the event of the member's death, and will have the power to change such designation from time to time but any such change shall be deemed a new election and will be suhject to approval by the ~ pension board. Such where applicable. If a member has elected an option with a joint pensioner or l~errg-ficiar~ andzhis or heI~xelil:,cxl~ent illcOll~Ileaa:~ts.ha.xta c~m~e~.~ or~ m~ ~c~ ~e'd~ jolt pen~oneror b~efi~ ~ ~ if ~e. - b~6of ~e~ con--ts m ~ch.'ch~ge ~d if the:~t pemme~ l~t prev~ly desi~ated by ~e police Offic~ is ali~ wh~ he ~ she files ~th the bo~ of ~ a mqu~ for s~: e~ge. The count of amber's j~ ~mioner or be~ m ~y ~k:~ge ~ ~r~uke& ~e ~d, of ~may mqu~t mO evidence of ~e good heal~ of the joint pensioner ~m is b~g removed ~ k may req~e ~d ~e momt of ~e retirement income payable to the police offic~ upon ~e desi~tion of a new joint pension~ sh~l be acmmally redet~ined ~ng into accost ~e ages ~d sex of ~e foyer joim pensioner, ~g on a fora pr~ed by ~e. bo~d of ~stees. md on completion will be member subsequent to his or her retirement sh~l be phd as provided in s. 18-171. Retir~em mcome pa~ts shall be m~e ~der ~ option elect~ ~ accord~ce with ~e provisions of ~s seaion ~d sh~l be subj~t to the 23 following limitations: 1. If a member dies prior to his or her normal retirement date or early retirement date, no benefit will be payable,under the option to any person. but the benefits, if any, will be determined under s. 18-t69D. 2. If the designated beneficiary (or beneficiaries) or joint pensioner dies before the member's retirement under the plan, the option elected will be canceled automatically, and a retirement income,of the normal form and amount -,Viii :be.payable to the member ,apon hi~.or:her~retimment ax if the election: had: r/et, 'b~ made¢, ur/}ess, ~'~;~i~m aecordane~ with the provisions of this section or a new beneficiary is designated by member, pnar to,,his or her reUrement ~.~_~,~,- .......~ ~,.~ ,~__ _. 3. If botl~ the membe~ an& the designated beaefi¢iary~ {or heneficiariei)~ die before the futt payment has-been effected under any option providing for paymema for, a period certain and ~ife-the~eaf~er, made pamuam to the provisioas, of subpam~apI~. {[Xa)3:~ ~e,; boa~ ,o£ txuate,~r may, in,its discretion, direct that the commuted value of the remain/rig payments~ be paid in a lump sum. 4. If a member continues beyond his or her normal retirement date and dies prior to actual retirement and while an option made pursuant to the 1~ ,of fl~s~is i~ effec~ mo~tk~, m i~eome;p~ymems will be made, or a retffement benefi~ will be paid, under the option to a the date on which death occurred. 5. A member maynotraake any change in retirement option after tim date of cashing or depositing the first retirement check. Sec. 18-171. Beneficiaries. A. Each member may, on a form provided for that purpose which was signed and filed with the Board of Tmstees, designme a beneficiary (or beneficiaries) to receive the benefit, if any, which may be payable in the event of death; and each designanon may be revoked by such member by sigrfing and filing with the Board of Trustees a new designation of beneficiary form. B. If a deceased member officer failed to name a beneficiary in the mariner prescribed above ~in subsection 1, or if the beneficiary (or beneficiaries) named by th¢~ cl~¢e,~e,d~ member llred eeease~ the. rr te..m~e,~ th~.~.hem, e~ ill a~xy, may be payable under the plan with respect to such deceased police officer may 1:~ paid. at ~e d/scretiorr:of, ~e.Board: of Trustees tcr th~ estate-of th~. deceased_ member.,provide&:.that the- txmrc{ of trustees may, direct that the -¢o~,~mted value. ' of the remaining monthly income payments be paid in a lmnp sum. Any payment made- to~ any_person pursuant m this section shall operam as ~ complete, discharge o£ all obligations under the plan with regard to suclx deceased member and shall no~ be subject to review:by anyone, b~ shall~b¢ final; binding an& conclusive,on al,I ~ ev-e~ intereste&heretmder. Section 18-172. Buy BackofService A, Re-employment. When any former police officer of the city is re-employed, he will become a member of the plan upon re-employment as a full time _ p~ re,merit potic.,,aflScea:: ~ Wlxan,,a~ fom~e~:,police, offic~: ot5' the C/fY ismmm pt~yed and had withdrawn contributions previously made to the plan, he may reinstate his~pmvi~us~se.r~ice upau satisfaction of eack o£ the following conditions: L 2. The plan ~s paid the total amount previously withdrawn (consisting of accumulated membe~ ¢onaSb~on~ plus any interest previously paid by the plan on tlmse cont~ibution~). This total amount is brought forward xvith interest for the total number of months from the date of withdrawal to the date of repayment, calculated to the nearest month. This calculated mount equals the amount to be repaid to the Plan in a lUmp sum. The interest to bring forward the total amount will be at the equivalent compound monthly rate derived from the eaming rote assumed by the actuary in the most recent actuarial valuation submitted to the Division of Retirement pursuit to Florida S~atu~eS chai3ter,112; part vii ~ ...................................v ~ ~ ~ (Or~k No~ 96-05, § ~, 3-&96). Prior police officer serviee~ fund, or ~ years, and fractional parts of'years, ~t ~ pol[C~:offii/er serVed as a policeoWmerf6~ Orator 0thermunicipal~, county~,or state policedepanment or serv~,i~ ~ mWam~::shat[ 15, Mdeet, to :the,'yeam:,ot~ ~tedg~ ......sex, aec pm~ide~ 1. Tlie pollce off-mcr contributes to: the: fun~:th~ gum, that would haVe been contrilmted, : ' ' , based:: on the pohce officers-salary an~, the employee eredif is reqnastect plus mount renderedc to the bOard in~ connection.with the;parchase of years of credited service2 2. paymen~ by the police officer of the requirement mount may be made within six months of the ,request for credit and in one lump sum payment. or the police officer can buy back this time o~er a period equal to the length of time being purchased or five years, whichever is ~reater, at an interest rate which is equal to the fund's actuarial assumption. A police officer may request m purchas~ a maximum of five (5) years of service. No credit shall be given for any service until all years of service which are to be repUrchased, have been repurchased. The credit purchased, under this section shalI count for benefit computation purlaoses~ but rtot for,~vesth~, In no eveat~ howe~er, may credited service be purchased pursuant to this depmimeat~.,~-su~,, pdor~, sergice, fo~ms .or will- form, ~e ba~s of~' re~ment.~fito~ ~on ~om ~o~ retirem~t system or pl~, S~tion IS-r~. A. D~e~ ~sf~ of ch~ble rol~ve~ G~ T~,:~ ~t~ ~b~om ~e on.or ~J~ I, 1~3: No--ranting'" ~y ~on of~e'p~ to~e would o~e~ise li~t a dis~butee's election ~der ~s subsection, a disffibutee may elect, at ~e time ~d in ~e m~er prescribed by the bo~d of ~st~s, to have ~y potion of ~ eli~ble rollover ~sffibufion dkect rollov~. any disffibufion of ali or ~y poaion of the halite to ~e credk of the disffibutee, ~x~pt ~a ~ ~wtlover do~ no~ inclMe ~y / dis~bution fha is one of a series of subst~tially equal periodic do pa.vments (not less frequently than armually) made for the life (or life expectancy) of the distributee or the joint lives (or joint life expectancies) of._the distributee, and the distributee's designated beneficiary, or for a specified period of ten years or more; any distribution to the extent such distribution is required under section 401 (a)(9) of the Code; and the portion of any distribution that is not includable.in gross income. Eligible retirement plan: An eligible retirement plan is mn_ ~nd'widual retirement a~ount d~Sb~ in section -408~, of tl~ Code, an individual retirement annuity described in section 408¢) of' the Code~ a~ annuity ptan described in section 403(a) of the. Code~ o~ a~ q~J~fi~:wast ,des~t~ i~,se~tion~ 4Gl(a}~af tbs.,Code,. that acc~s the distrihutcem eligible, roll~ er distribution. However, in the case o£ an eI[gibI~ rOlIover-distn~0ution to the surviving, spouse,, a~. ¢~igible relircmeat .t~an is an individual retirement:accaunt orindivklna[mtiream'nt annuity~ Distributee: A distribut~e includes an-employee or former employee. In addition, the employee's or former employee's surviving spouse and the employee's or former employee's spouse or former spouse who is entitled to payment for alimony and child ~ undo: aa income deducting-order, are distributees~ willx: regard to the interest of the spouse or former spouse. Direr' rollovvr: A di~,r~llowr ~ payment by. the plan. t~ the Rollover~ ~ qnalitSed pl/ar/~f A her interes~ ~ anothe~ 'qnatifi~ ptatl: to~ the Fund~ ~rovided all: of th~: f011~winR requirements are mcvz Some or all of the amoum distributed from the other plan is rolled over to this plan no later than the 60~h day after distribution was made from the plan or. if distributions are made in installments, no later than the 604 day a/Ser the last distribution was made. The mount rolled over to this Fund does not include any amount contributed by the member to the Plan on a pest-tax basis. Effective October 1, 2002. a member may rotloYer amounts conudbuted on a post~ mx basis.~ 3. The roliave~ i~ made in ¢~h- 4. The.member certifies that the distribution; is eligible for a rollover, ~ amount which thettmstees~ acce~ as~ a roli~ver to this F-~ as a another qualified I theSe I transfer of' a IKC §457 deferred member that the Section 18-174. Miscellaneous. A. Pension Validity. The BoaSt]of Tn~ee~ ~ha}t have, the pox~r to examine the facts upon whieh any penSi0r~t shall have ~ granted ot obtained erroneously, fraudulently, or illegally for any mason. The Board is empowered m purge the pension rolls of any person granted a pension under proper or existing law or granted~ under this.ordinance if the pensionis found to be erroneous, fiaudulent or illegal for any reason; and to mclassi~ any pensioner who has under any prior or existing law or who shall hereafter under this ordinance be erroneously, improperly, or illegally classified. False or misleading statements made to obtain retirement benefits prohibited. 1. It is unlawful for a person to willfully and kno.~v~ingly make. or cause to be made, var ta assist, conspirewith, or u~ge anothe~ m make~ or cause tol~ made, any false, fraudulent, or misleading oral or written statement or withhold or. eons-cai material- information, m obtain,any~ benefit under this 2. a. A person who violates subparagraph 1. commits a misdemeanor of the first degr~,, purr~habte~ ax provided/n'§~775.082 or 775.083s b. In addition to any applicable criminal penalty, upon conviction for a violation describ¢(i ~ subparagra~ t.. · particiga~x or. beneficiary of this plan may, in. the discretion of the: board of trustees, be required to forfeit the right to receive any or all benefits to which the person would otherwise be entitled under this plan. For purposes of this sub-subparagraph, "conviction"means a determination of guitt~ that;is.4h¢ remit of- a plea or trial, regardless of whether adjudication is withheld. for any payment due ~m- from the Fund; the Board~mat; unless and until claims have been madgby a duly appointed guardian~ or comm[tt~ ~ suct~ person, make~ sucl-r payment or any part thereof to such person~s spouse, chil~ parent or other 3O person deemed by the Board to have incurred expenses or assumed responsibility for the expenses of such person. Any payments so made shall be a complete discharge of any liability under the system for such payment. Rights and Benefits Not Subject ro Legal Process. The rights and benefits provided for herein are vested rights of participants m the Fund and shall not be subject to attachment, garnishment, execution or any other legal process. This section does not apply in the e-~ent of an income deduction order for alimony or child support. Lump Sum ~ayme2~of Sma~ ~et~emeat. Zncame~. bl~ilhslamYu~a~y pm~viato~, of the Fund to the contrary, if the monthly retirement income payable to any person: emitted to" benefits' heretmder is ~ss th~m $30;00' or ff ~e single sum value af the accmed,_'retiremeaxt,: incam, is tess than $&O00.00 aa, of the date of..' retirament or termination of Service, whichever is applicable, the Board of Trustees; irt the exercise'af its~discretion', may sp¢cify~rrat th* actuarial equivalent of suclxretiremant income be paid in lamp sum. Required Oistributions [. he~ date set 'of the 70~/~ be~n clistnnouted to Ix[m, the remaining potion of sucl~,interest Al be: distributed at least as rapidly as provided for under this plan. Internal Revenue Code limits.-- I. In, no event may a member's annual ,benefit exceed one hundred and twenty thousand dollars (adjusted for cost of living in accordance with Internal Revenue Code (IRC) section 415(d). 2. If a member has less than 10 yeaxs of s _eawice with the city; the applicable limitation in. paragraph~(~): of,~ subSeetior~-shall be reduced by multiplying such limitation.by a f~action, not~m'.,exceex[one (I). The nlllllerata~ ~t~ snch~ fraetioli .~hal t: be.th~ mmaller.,ot~:yea~s,~ o~~ service with the city; the denominator shall:be,t0 incident~ benefits and: ~ ~o To, the above will he redur~ acmarlalty, usin~ m:,.interest rate;, assumption t~>reflect sueka~a~Iary benefi~ or the: interest rate used ~eo~ulvatenee;- iaow~ benefits ~ not be ~paTment of benefits; b~gins~ o~ ~ age 55 and the city, the reduetions described: above shaR no[ reduce such members benefit below $50,000.00(adjuste~:' for cos* of livingin accordance with IRC §415(d), but only for the year ~ which such adjustment is effective). 32 If retirement benefits begin after age 65, the dollar limitation of paragraph (a) shall be increased actuarially by using an interest assumption equal to the lesser of 5 percent or the rote used for actuarial equivalence, Section 18-175. Deferred retirement option plan. A. A deferred retirement option pla~ ("DROP") is hereby created. B. Eligibility to participate in the DROP is based upon eligibility for normal service retirement in the Plan. Members shall elect to participate by applying to the Board of Trustees on a form provided for that purpose. C. participatioll ill. [be. DRO~ mu~t l~ .exexc,~ witbln .t. he ill:at twenryrtw~ (22~ years of combined credited service. However, participation in calendar year 2t300¢thefi~c ~ witI be~ exte Except, :for::t t-~e~ e~t~mion of pan a_member shall not participate five (25) years of'service and l a~exl: t(r ail~ members. cipation at inceptio~ as, prov/de~for i~ (e). above..' a the DROP beyond the time of attaining twenty- ~e~ total years: err Ira~icipafron in the DROP sha~ not exceed.five-(5) years. For example: I. Members w~[b:tw/en~ (30) years of ereditedr service at time of entry slmtt only partic[pate~for five~5) years. 2. Members with twemy-~ne (21) years of credited service at time of enu-y shall only participate for[ four (4) years. 3. Members with twenty4 sl~n ;om/y ~a-tici?te.fo Upon a members election to p~ member and i~ precluded l~-ora Ftm~, credited service and final ave DROP. Accumulated. unuse~ compensation calculation; pr( ~vo (22) years of credited service at time of entry -three (3) years. rticipate in the DROP, he or she shall cease to be a aceru/ng any additionaLbenetSt umler the Pension age salary freeze as of the date of entry into the sick and vacanon leave shall be included ia the vided however, that a minimum ba}ance of 120 hours of sick leave and 120 hours of vacanon leave shall be maintained by the employee and excluded from this calculation. The retained leave balance. including any additions, shall be distributed at the conclusion of DROP participation and separation from service. Payment shall be made into the employee's DROP account as if the employee had retired from the emptoy of the City. The amounts paid will be determined in accordance with this Plan and the employee'S selectieh Of the payment option. Payments.into the DROP will be maitemonthly over the pc, dad_ the~ employee partidtlarex ha the DROPi up' ~o'a max;mm~ofSixty {60) moi'rths: An employee's account in *.he DROP program shall earn interest in one of two ways Th~s~n of the.eamiag~P!;ogmm, st~all~h~;~acahl~.a~d:sl~dl~ lm madepr}or to thefrrstrdepositin, t~ DKOF account'. The options are: Gains or'~ossex a~ the~s~, irtteres~ rate earne~by tl~e~Pe~sion PJa~ o, 2. A guaranteed rate of 7.0%. EmP]~oyea's. DROP accauats x~i!l 1~ assessed an adminj, st:raliv¢':fe~, thal~'~s~ upon the m~io:that the;EmlJloyee' s DRO~ account hea~,te, th.~u~as~a~-whote. An employee's participation in the DROP shall terminate at the end of five years or 25 years of service, whichever comes first. Failure to end DROP participation may result in penalties at the discretion of the Trustees, up m and including forfeiture of the DROP account. with quarterly statements p~ovided. In the event :that a member dies while in the DR~OP._inter~ shatI:l~-tm>ral~ to tl~-i[a~t bu~ine,~,dag afthe month preceding_ Upon termination of employment, participants in the DROP will receive the balance of the DROP account in accordance with the following ~ 1. Members may elect to begin to receive paTment upon termination of employment or defer pa,vment of DROP until the latest day as provided under sub-subparagraph c. 2. Payments shall be made in either: a. Lump sum - the entire account balance will be paid to the retirant upon approval of the Board of Trustees. b. Lnstallmems - the account balance will be paid out to the retirant in five (5) equal annual payments paid over five (5) years, the first payment to he maa~ upon approval at'the,Boa.rd, o£ Trusmes. )my form ~f pa~sekx:~,by-a, potic, e;,officer with the mimmum distribution requ',u:ements of the IRC 401(A)(9), ami is subiem to the nxiukcmeraa of subsection t8-t74F payments, must commence by ,age 70Vz. The henefmiary of the DROP participant_ who dies before payments from DROP begin shall;have the same fight to select payment op!/on~ as the pamcipam in accordance, w/tl~ this subsection;, A,~DROP participant may, 4esignate a,, beneficiary receive the DROP baIance in the event el'the panicipara's death / prior to pay out ~fthe full DROP balance. K. No payments will be made from DROP until the employee actually separates from service with the City. L, - ItSanvem~o!~ skait, die dmSng pamea~ in, tt~ DROP; ~survivor, bene~tshall- be payable in accordance with the form of benefit chosen at the time of entry into the DROP. be eligible for disability retirement from the pension plan. Section 18-176. Terminatior~ of plan ami distribution of Fand. Upon termination of the plan by the rdunicipality for any reason, or because of a transfer, 35 merger, or consolidation of governmental units, services, or functions as provided in chapter 121. or upon written notice to the board of trustees by the municipality that contributions under the plan are being permanently_discontinued, the tights of all employees to benefits accrued to the date of such termination or discontinuance and the amounts credited to the employees' accounts are nonforfeitable. The fund shall be apportioned and distributed in accordance with the following procedures: A.The bo~d,oftmstees shall deiermine'the date o1~ distribution and the asset Value to be distributed, after takinginto aceoent:th~expenses.ofsucti distribution~ B.Tliei}oa/'d of~ Shall ff~termiae;.the method ofiIistributiotr;oftk~.asset value, that is, whether distfibntion shall be by payment in cash. by the maintenance of otherwise, for each. membe~ enlifi~ed~ to benefi~-un~r the plan; as specified: in- s~ubsection ~C}: C. The board .of trustees shall apportion the asset value as of the date of termination i~ the,matmer~ set ~forfl~ ,in,tt~-: subsection, on tlm halia .tl~t, 'tl~ amouI~xe, qak~ to. provht¢ any given retirement-income shall mea~'the aetuariailycoml~uterk~fgke-:. sum value of such retirement income, except that if the method of distribution determined under subsection (B) involves the purchase of an insured annuity, the amount required to provide the given retirement income shall mean the single premium payable for such annuity. I. shaI~, fi. mtn be~-made~ in, :respect.. of'- ea*l~ m~tcd member. recetCmg a retiremem income hereunder on such date; each perscm ~a~ ~,hx:omer oat ~dat~on fmcom~- of a retired (but s/no. deceased) mern~r, and-~ ponce officer m'~ ha~.hw mctrdat~., become eligible for normal retirement but has not yet retired, in the amount required to provide such retirement income, provided that, if such asset value is less than the aggregate of such amounts, such amounts shall be proportionately reduced so that the aggregate of such reduced amounts will be equal to such asset value. If there is any asset 'aalue remainmg after the apportionment under paragraph (1), apportionment shall next be made in respect of each member in the service of the municipality on such date who has completed at least 10 years of credited service, in the Fund for at least 10 years, and who is~not entitled to an apportionment under paragraph (a), in the amount required to provide the actuarial equivalent of the accrued normal earnings ro such date, and each former participant then entitled to a benefit ~lm bas not by surla date reache~ his or-herrtormat retiremeat date. in tl~ amount required to provide the aom~fial equivalent o£the.accrued, normal. ' retirement income to which he or she is entitled, provided, that, if such remmNng asset value is tess than the aggn~gam- of the' amain'ax apportioned hereunder, such latter ammmtq skall, be proportionately reducc'~i so that the aggregate of such: reduced/amourtts wilt be equal to such remaining asset value. If there is an asset value after the apportionments under paragraphs (a) and (b), apportionment shall lastly be made in respect of each member in the service of the mnmml~ality on such date who is not entitled to an / member's total contributions to the plan to date of termination, provided that, if such remainint asset value, is less than. the aggregate of the proportionately reduced so that the aggregate of such reduced amounts will be eq2mt t~r sugkren~ainingasset value. In the event that there is---asset value remaining after the full apportionment 37' specified in paragraphs (a), (b), and (c), such excess shall be returned to the municipality, less remm ro the state of the state's contributions. provided that. if the excess isAess than the total contributions made'by the municipality and the state to date of termination of the plan. such excess shall be divided proportionately to the total contributions made by the municipality and the stare. The board:of m~stees StialI di~stribute; in accordance with the manner of distribution determ/n~ed under subsection (B), the amounts, apgortioaed under subSectim~(C)~ tt~,: ~-a peiSod: of.24~:mozat, hm~da~e~om~vhie~,tt~l~tan terminated or the date on which the board received written notice that the em~ba~5ons _~ereunder were being permanently discontinued, the nmai~ty affected; ha~ ne~ comp}ied~ wit&all the.l~Ogmions- ~ ~nn: ~ ~v~on .~ effect the te~inaion of~e ~ ~ ~d~ce wi~ this section. S~t~77~ Su~[~ P~o~~ pension payments pe 0a 38 of chapter 112, Florida Statutes. (b) The actuary for the pension fund shall, as of September 30, determine the actuarial present value of future pension payments to current pensioners. The actuarial present values shall be calculated usin~ an interest rate of eight and one half (8~5) percem a year compounded annually, and a mortality table approved b,~ the board of trustees andes used in the most recent, actuarial report s~abmitted pursuam to part VII of chapter 112, Florida Statutes, This will be the pool of:ftmds available to fund the supptememat peasion, dis~butiom (c) If the actuary determines there: may be a supplemental pension distribution; the board' oi~trustees shal} authorize suchi~dx, sttSbUtii~n~untess the a~mi~.m~t~x~'e~peme, of ~on~ excee~ the amomreavaitabt~ for the~butiom Supplemental .pension distn2>utions wilI be made tS penn-rs,- including DROP membem, ap~ bertefie~mrtes, C. based~ upon the,,par~icipam~s years, o~,serOce m, the proF°rtio~ that- the beats to the. retiree benefit; Maximum service credits shall be from the preceding September 30tN Etigible peru°ns mu~q,be retired for one (I) year from September 30 to: receive a supplemental-pension, distributio~ A pensioner's estate is entitled ]to a pro-rata::: ~haret of tl~~ deceased retirant's supplemental pension distribution based on a number of months that the deceased retiram received a pension durine the year endin~ the September 30th prior to the retirant's.death. Seqtion 2, Any pa~t of the Boynton Beach Code in conflict herewith shatl be repealed. Section 3. This Ordinance shall be effective upon date of passage. FIRST READING this day of January, 2002 SECOi~I)~ FIN~ RE,ADI'NG/~L'qD~PASS~GE this . day of February, 2002. Vice Mayor Commissioner Commissioner .~TTEST: CITY CLERK H:~BB 188~Pian DockRestal:e\planl219.wpd Requested Cit) Comm~sston Meet[n~ Dates [] November 20, 2001 [] December 4. 200 i [] December 18,200t [] January 2, 2002 NATURE OF AGENDAITEM XIL - LEGAL ITEM CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned i~n [9 City Clerk's Office November 7, 2001 5:00 p.m.) Requested City Commission Meeting Dates [] January 15. 2002 Date Final Form Must be Turned in to City Clerk's Office_ January 3. 2002 (5:00 p.m.~ November 21,200t 5:00 p.m. December 5. 2001 ~5:00 p.m. December 19, 2001 (5:00 p.m.) [] [] Admirdstrafive [] Consent Agenda [] Public Hearing --] Bids [] February 5. 2002 January 16. 2002 (5:00 p.m.) [] February 19. 2002 FebmaD 6, 2002 (5:00 p.m.) February 20, 2007 (5.,0~ p rr~ March 5, 2002 - ~..,.~ ' [] Development Plans ~ [] Ne~v Business [] Legal 7~ --] U*~fin~shed Business ~ [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Motion to approve an Ordinance mending Fire Pension,!Retireme,n,t) Plan to provide for a change inthemethodofcalculatingfinalaveragemonthlycompensatidnandpr°vision°fa 13 Check depending on investmant performance of the fund. Recommendation to approve. EXPLANATION: The Fire Pension Board has reviewed a proposed ordinance prepared by their legal counsel that changes the computation method of determining the rate of pension fror~ the fiverage of the last five years to the average of the last three years of salary. The ordinance also provides for the payrcenr °f a "13t~ Check" t° pensi°n r:C~oP~2~ lbSecdh;~he performance of the invesmaont portfolio managed by the Fire P~nsion Board· I prefer the languag calculation in the Police Pension ordinance. Adoption of tiffs Ordinance will resolve several pending grievance matters. PROGRAM IMPACT: The program change will provide an incentive for staff m stay with the City and will assist the City in remitment of new personnel for the fire service. FISCAL IMPACT: The pro~'am will cost the City an em ted $163,198. The City budgeted $160,994 for pensmn contributions. The original plan was tc not nsc these funds du '. to s~xong investment earnings of the fund. The funds could be used to offset future increased pension costs. Proportionately, the cost to the City will increase next fiscal year by 30% or $48.300· This based on the anticipatedpension impact of 24 1 ~ 27 new stafffor the new fire station. Offsets ~o this cost can be aclxieved by obtaining a connratment from the Fire Pension Board to reserve 100% of additional State Prenfium fimds above the $351,241 received in Fiscal Year ending 9/30/00. A ~ of 1/11/02. this comrmrment has been made by the Fire Pension fired. EsXkmatedamount tobe rece~vedm2001 xs $31 5,934 thns $14.693 wouldbe available tooffset the additional cost. The City Manager will be discussing this with the Presk ant of the Pension Board along with other cost-contaminant ideas. ALTERNAIIVES: Do not adopt ordinance that will extend ~chis benefit to ~e.~m~ion system., Department Head's Signature r ~ty Manager's Signature Deparmaem Name ~i~ Attorney / Finance / Human Resources S:q3ULLETIN~FORMSLA-GENDA ITEM REQUEST FORM.DOC ROBERT D. R'T,AUSNER. P.A. XII. - LEGAL ITEM B.5 December 13, 2001 James A. Cherof BoynEon Beach City Attorney 3£99 E. Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 Re: Boynnon Beach Firefighters Pension Plan Our File No. 90-0334 Dear Jim: Please find enclosed the latest draft of the Firefignner Pension ordinance discussed an today's mooning. As you are aware, the ordinance provides for (i) three year averaging, (ii) a 13== check in years that the Plan experiences an acEuariat gain, and (iii) permits the purchase of ~nvesnmenn grade bonds. A~ the Clt~ Manacer's request, we have amended Section 7 to provide that Section 2 of the ordinance ~hall not take effect until recelp by the City of a resolution from the Pension Board advising that a majority of the membership of thelPlan has approved the use of future Chapter 175 monies to cffset the cost of three year averaging. Thank you for your auuention RDK:apl Enclosure CC: mo t Barbara LaDue, Administrat~ Mike Smollon, Chairman matter. ~ERT D ~NER ORDINANCE NO. AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING SECTION 18-181(A) (4) OF THE FIREFIGHTERS' TO TO FOR THRF~E YEAR OF WHEREAS, retirement plan and 5rust WHEREAS, the Board Firefighters' Retirement the City of .BoYnton Beach Florida, presently has a fund for firefighters; of Trustees of the Boynt on Beach Plan desires to amend the City Code uo permiu the purchase of investment grade bonds; WHEREAS, the Board of Trustees of the Boynuon Beach Firefiqhters' Retirement Plan desires to amend the City Code to provide for three year averaging final average monthly compensation; in the computation of a member's WHEREAS, the Board of Trustees of the Boynton Beach Firefighters' Retirement Plan desires to amend the City Code uo provide for a thirteenth monthly pension payment uo all retirees and beneficiaries of the Retirement Plan in years when the Plan realizes an actuarial gain; and Page 1 of 7 WHEREAS, the City Commission has determined this amendment wilt benefit the citizens of the City of Boyn~on Beach; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA: Section 1: Section 18-181(a) (4). is hereby amended 5o read as follows: Section 18r181. Investments The lnvestmenE powers and. authority of the board of 5rustees of the municipal firefighters pension trust fund shall be in accordance with Florida Sta=uues, Section 175.071, provided, however: (a) The aggregame invesmmenu of fund assets in: (4) Bonds or other cer=ifica5es of indebtedness issued or guaranteed by a corporation organized under the laws of the United States, any state oN organized territory of the United States or the District of Columbia; shall not at cost exceed seventy (70} percent of the -fund's assets; nor shall more than ten (10) percenu of the fund's assets be invested in the bonds or other certificates of indebtedness of an one issuing company; nor shall the aggregate of such investments in any one company exceed three (3) per cent of the outstanding bonds or other certificates of indebtedness of that company. Fund assets may invested in investment qrade Page 2 of 7 bonds with not qreater than 101 of the fixed lncomn portfolio mo hold an lnvesnmenn ratlnq of Ba~. Section 2: Section 18-183(a) is he,eh? amended ~o read as follows: Section 18-183. Averaqe final compensation defined; averaq~ annual compensation defined. Average final compensation, for the purpose of calculating entitlemenn to benefits under this plan. shall mean the averag~e ca~sh compensation exclusive of bonuses and incentive- pay received by a firefighter during the five ................ - ....... years of the lasu ten years of creditable service prior retirement. 3: Section 18-184 is hereby created to read as ~o Section follows: Section (a) 18-184. Thirteenth Check. Thirteenth Check Supplement Created. A benefit is hereby created to be provided in the form of a thirteenth monthly retiremenu payment to each beneficiary and retiree of the Plan. Payment shall only be made in those years in which an actuarial ~a~n has been determined to exist by the Board of Trustees, followinq consultation with 5he acsuary 5o the Board. Page 3 of 7 Ibt Determlnaslon of Actuarial Gains= The acsuary for the Re~iremen~ Fund shall perform an annual calcula5lon ~o determine on the basis of all actuarial factors used to measure the Plan whether or no~ the Plan has susLalned an actuarial qain or loss~ The actuary shall report annually ~5 a special meetinm of the Board reqardlnm 5he actuarial main or loss for the year. Once certified by the actuary, the Board shall notify retirees remardinq the availability of a thirteenth check Qayment for the year. In any year in which 5he Board of Trustees, followlnQ consultation with 5he actuary, ~etermines that no actuarial qaln has occurred, no benefit shall be payable. In years in which 5he Plan's acsuarial qaln is sufficient ~o supDor5 the payment of a thirteenth check, the ~aymen5 shall be made in December. (c) -~reation of Thirteenth Check Fund. FollowinQ the determinasion of actuarial Qain,. a fund is hereby crea~ed, within 5he assets of the Resirement System, which shall consist of the portion of the actuarial main attributable to retirees and beneficiaries. This Qortion shall be equal to the to~al accuarial main Page 4 of 7 (ei multiplied by the ratio of the presen~ valu~ of benefits for retirees and beneficiaries 5o the present value of all. future, be~e~f!~or all members of the System. The f~nd shall b~ co-minqled with other assets of the System but shall be measured for accoun:~nq purposes as a theLexcl~sive, purpose Of providi~q benefits under this Section. Distribution of Benefits; Limita~ions.~ In any year in which the Board degermmnes that a distribution may be made in accordance with the provisions of this Section, a supplemental benefit shall be paid in the form of a thirteenth monthly pension payment to each retmree or beneficiary of a deceased retiree. The payment for each retzree shall be determined by the Board, but the total amounn payable may not exceed the Thirteenth Check Fund. Non-Guarantee.of Benefits. By acceDsance of a supplemental benefit under this Section, each retiree and beneficiary acknowledqes that they have no rmqht, title or interest in any such benefits excepm as may be determined by the Board of Trustees. The Page 5 of 7 pavmen~ of a thirteenth check mn shall non create any riqht, title or in any Derson no the paymenn check in any cther year. any year mnneresn of a thirteenth The Board of Trusnees reserves the exclusive rzqht ~o alter mhe manner of payment of this benefit or, 5o decline the payment of such benefit in any year mn which the Board, zn the exercise of its fiduciary resDonsibility and zns scle discretion, determmnes it is in the best interest of the Plan 5o foreqo such payment. Rule-Makin~ Authority. The Board of Trustees shall have authority to make such uniform rules as it deems approprlane to facilitate the payment of benefits under this Section. Section 4: That all Ordinances or parns of Ordinances zn conflict herewith be and the same are hereby repealed. Section 5: Should Ordinance-or portion hereof, be declared by a cour5 of compecenn such decision shall no~ affect Section 6: Authority any section or provlszon of mhis any paragraph, any sentence, or word jurisdiction to be invalid, the remainder of this Ordinance. is hereby granted co codify mhis Ordinance. Page 6 of 7 Section 7: This Ordinance shall become effective immediately upon passage, but the provisions of Section 2 shall nor rake effect unul receipt by the City Manager of a resolution by theBoardofTrustees of the'Boynron~Beach Firefighter.~'Reti'rement Plan advising that a majc~ffty of tl~e membership of the Plan has approved the use of future Chapter 175 insurance premium monies to offset the cost of adopting Section 2 .of this Ordinance. day of January, 2002. SECOND. FINAL READING AND PASSAGE this 2002. day of February, CITY QF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk. ROBERT D. KLAUSi'~R. P.A. XII. - LEGAL ITEM B.5 0059 NORTHWEST ST COURT PLANTATION FLORIDA 333~4 Writer's e-mail: bob~robertdklausner.com December 13, 2001 James A. Cherof Bo!rnnon Beach City Atuorney 3099 E. Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 Re: Boynton Beach Firefighters Penszon Plan Our File No. 90-0334 Dear Jim: Please find enclosed The latest draft of the Drdinance discussed at today's meeElng. As ordinance provides for (i) three year averaging, (ii) a years Ehat the Plan experiences an actuarial gain, and the purchase of investment grade bonds. Firefighter Penszon you are aware, the 13cn check in (iii) permits At the City Manager's request, we have amended Section v mo provide that Secslon 2 of the ordinance shall not take effect until receipt by the City of a resolution from the Pension Board advising that a majorzty of the membership of the Plan has approved the use of future Chapter 175 monies 5o offset the cos5 of three year averaging. Thank you RDK: ap 1 Enclosure cc: Barbara LaDue, Admlnzs~rator Mike Smollon, Chairman ORDINANCE NO. AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING SECTION 18-181(A) (4) OF THE FIREFIGHTERS' ~ PERMIT THE WITH NOT '.NCOME PORTFOLIO RATINg OF BAA; AMENDIN~ 18 ~ 183 (a) OF THE FIREFI~HTERS ' FINAL THE THE BOA,RD ~OF AN C~AUSE ~ WHEREAS, the City of Boynton Beach Florida, A CONFLICTS presently has reniremenu plan and trust fund for firefighters; WHEREAS, the Board of Trusnees of the a Boy-nuon Beach Firefighters' Retiremenu Plan desires to amend the City Code ~o permiu the purchase of lnvesumenu grade bonds; WHEREAS, the Board of Trustees of the Boynton Beach Firefighters' Retirement Plan desires uo amend the City Code uo provide for three year averaging in the computation of a member's final average monthly compensation; WHEREAS, the Board of Trustees of the Bolrn~on Beach Firefighters' Retirement Plan desires to amend the City Code ~o provide for a thirteenth monthly pension payment to all retirees and beneficiaries of the Retiremen5 Plan in years when the Plan realizes an ac5uariat gain; and Page 1 of 7 WHEREAS, nhe City Conunission has determined this amendmenn will benefit the citizens of the City of Bo!rn%on Beach; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA: Section 1: Section 18-t81(a)(4)~ is hereby amended no read as follows: Section ~8-181. Investments The investment powers and. authority of the board of urustees of the municipal firefigh5ers pension trust fund shall be in accordance with Florida Statutes, Section 175.071, provided,. however: (a) The aggregate lnvesnment of fund assets in: (4) Bonds or other certificates of indebtedness issued or guaranteed by a corporanlon organized under the laws of the United States, any state or organized territory of nhe United States or the District of Columbia; shall not at cost exceed seventy (70) percenn of the .fund's assets; nor shall more than hen (10) percent of the fund's assets be invested in the bonds or other certificates of indebtedness of an one issuing company; nor shall the aggregate of such investmenus in any one company exceed three (3) per cenn of the outstanding bonds or other certificaues of indebtedness of that company. Fund asse~s may invested in lnves~men~ qrade Page 2 of 7 bonds with not qreaner than 10% of the fixed portfolio to hold an mnvescmenm rating of Baa. incom~ Section 2: Section 18-t83(a) is hereby amended to read as follows: Section 18-183. Average final comDensatiOn defined; average annual comDensation defined. (e) Average final compensation, for the ~urpose of calculating entitlemenm to benefits under this plan, shall mean the averase cash compensazion exclusive Df bonuses and zncentive~ pay received by a firefighmer during the =' ( .................. zen vears of creditable service Drior years of the last zo retirement. Section 3: Section 18-184 is hereby created to read as follows: Section 18-184. Thirteenth Check. (a) Thirteenth Check SuDDlement Created. A benefit is hereby created to be Drovided ~n the form of a zhirteenth monthly rezirement Daymenz to each beneficiary and retiree of the Plan. Pa~menz shall only be made in those years in which an actuarial gain has been determined to ex~st by the Board of Trustees, followinu consultation with the actuary zo the Board. Page 3 of 7 Determination of Actuarial Gains. The acsuary for the Retiremenn Fund shall perform an annual calculation no determine on the basis of all actuarial factors used to measure nhe Plan whenher or nom the Plan has (c) sustained an acmuarial gain or loss. The acnuary shall- reporc annually au a special meeting of the Board regarding the actuarial gain or loss for the year. Once certified by the actuary, the Board shall notify retirees regarding the availability of a thirteenth check payment for the year. In any year in which the Board of Trusteesf following consultation with the actuary, determines that no actuarial qamn has occurred, no benefit shall be payable. In years mn which the Plan's actuarial gain is sufficient ~o suppor~ the payment of a thirteenth check, the Daymenn shall be made in December. Creation of Thirteenth Check Fund. Following the determinanlon of actuarial Gain, a fund is hereby created, within the assems of 5he Retirement System, which shall consist of the portion of the actuarial gain attributable to retirees and beneficiaries. This portion shall be egual ~o the zonal actuarial gain Page 4 of 7 (e) multiplied by the ranio of the presenn value of benefits for retirees and beneficiaries no the pre, eh5 value of all future benefits for aL1 members of the System. The -fund shall be co-mln~ed with other-assems of the System but shall be measured for acco~ntinq purposes as a ..separate fund ~i%hi~ theRetiremen~.System for ~h~ exclusive purpose of providinq benefits under this Section. Distribution of.Benefits~ Limitations. In any year in which the Board determines that a.distribution may be made in accordance with the~Drovisions of this Section, a supplemental benefit shall be paid zn the form of a nhirteenth monthly pension payment to each retiree or beneficiary of a deceased retiree. The paymenn for each retiree shall be determined by the Board, but the total amounn payable may non exceed ~he Thirteenth Check .~und. Non-Guarantee of Benefits. By acceptance of a supplemental benefit under this Section, each retiree and beneficiary acknowledqes that they have no riqht, title or mnterest in any such benefits except as may be denermined by the Board of Trustees. The Page 5 of 7 mavmen5 of a thirteenth check in any year shall no5 creane any rlqht, title or znneres5 ~n any person to the payment of a thirteenth check in any other year. The Board of Trustees reserves the exclusive rzqht to alter the manner of paymenn of this benefit decline the payment of such benefit in year mn which the Board, zn the exercmse its fiduciary resoonsibility and its discretion, determines it is in the or, to any of sole best interest of nhe Plan to foreqo such payment. If) Rule-Makinq Authority. The Board of Trustees shall have authority mo make such uniform rules as it deems approDriate ~o facilitate the Davraenm of benefits under this Sectmon. Section 4: That all Ordinances or pares of Ordinances mn conflict herewith be and the same are hereby repealed. Section 5: Should any section or provision of this Ordinance~or portion hereof, any paragraph, any sentence, or word be declared by a court of compenent ]urisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 6: Authority is hereby granted to codify this Ordinance. Page 6 of 7 Section 7: This Ordinance shall become effective immediately upon passage, but the provisions of Section 2 shall not take effect until receipt by the City Manager of a resolution by the Board of Trustees of the B o ynton-B eack Firefighters' Retirement Plan advising that a m~jofity of the membership of the Plan has approved the use of future Chapter 175 insurance premium monies to offset the cost of adopting Section 2 of this Ordinance. 2002. FIRST READING this day of January, 2002 SECOND, FINAL READING AND PASSAGE this day of February, CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: C ty Clerk_ I 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 XII. - LEGAL ITEM ¢.1 RESOLUTION NO. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, DECLARING THE PUBLIC NECESSITY OF ACQUIRING THREE (3) PARCELS OF PROPERTY FOR THE PURPOSE OF ACQUIRING RIGHT-OF-WAY TO IMPLEMENT THE PROPOSED BOYNTON BEACH BOULEVARD PROMENADE AND RIVERWALK PROJECT WITHIN THE CITY OF BOYNTON BEACH, FLORIDA; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the acquisition of right-of-way is necessary to implement the proposed Boynton Beach Boulevard Promenade and Riverwalk Project and is a matter of great importance and concern to the residents of the City of Boynton Beach; and WHEREAS, the parcels of land designated as Parcels 1, 2 and 3, as more particularly described in Exhibits "A", "B" and "C", attached hereto, are required to better accomplish the public purpose described above and further the general health, safety, and welfare to the citizens of the City of Boynton Beach, Florida; and WHEREAS, the area designated as Parcels 1, 2 and 3 has heretofore been located and surveyed and the property is needed for the acquisition of right-of-way which is necessary to implement the proposed Boynton Beach Boulevard Promenade and Riverwalk; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: SECTION 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby incorporated herein. All exhibits attached hereto are hereby incorporated herein. SECTION 2. It is necessary, serves a municipal and public purpose, ~d is KLE/Imf C:\Documents and Settings~lamannar~ocal Settings\Temporary Intemet Files\OLKB0~necessity reso .doc Page 1 of 3 3- in the best interest of the City of Boynton Beach to acquire the right-of-way to implement 2 the proposed Boynton Beach Boulevard Promenade and Riverwalk. 3 SECTION 3. That the properties described in Exhibits "A", "B" and "C" 4 attached hereto as Parcels Number 1, 2 and 3 be and the same are hereby ratified, 5 confirmed and found to be necessary for acquiring the right-of-way to implement the 6 proposed Boynton Beach Boulevard Promenade and Riverwalk. The City of Boynton 7 Beach shall acquire fee simple title to said property by gift, purchase, or eminent domain as 8 described in Chapter 166, Florida Stamte~ and Chapters 73 and 74, Florida Statutes. That 9 acquisition of said parcel for this project is necessary and serves a public purpose. ]_ 0 SECTION 4. The City Attorney shall first attempt to acquire the property 3. 3. through negotiations at a price agreeable to both the sellers, if found and determined, and 3.2 the City of Boynton Beach; however, if such negotiations fail within a reasonable time ~. 3 from the enactment of this Resolution, the City Attorney or the City Attorney's designee is 3.4 authorized and directed to institute a lawsuit in the name of the City of Boynton Beach, 3. 5 Florida, and in the exercise of Boynton Beach' powers of eminent domain for the purpose 16 of acquiring the parcel described in Exhibits "A", "B" and "C" attached hereto and is ~. 7 further authorized and directed to do all things necessary to prosecute such lawsuit to f'mal 18 judgment. In pursuit of such authorization and in direction, the City Attorney or his 19 assistant or designee, is specifically authorized to sign and file a Declaration of Taking so 2 0 that the City may avail itself of the provisions of Chapters 73 and 74, Florida Statutes, and 2 3. the City Attorney or his assistant is further authorized to accomplish the acquisition of said 2 2 parcels by settlement and compromise in those instances where same can be effected in 2 3 accordance with the terms, conditions, and limitations established from time to time by the KLE/Imf C:\Documents and Settings~lamannar\Local Settings\Temporary Internet Files\OLKB0Xnecessity reso ,doc Page 2 of 3 1 3 5 6 7 8 9 Boynton Beach City Comm/ssion. SECTION 5. All resolutions or parts of resolutions in conflict herewith are hereby repealed to. the extent of such conflict. SECTION 6. If any clause, section, other parr. or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid. in part or application, it shall not affect the validity applications of this Resolution. SECTION 7. passage and adoption. BY , FLORIDA, TItlS __ of the remaining portions or This Resolution shall become effective immediately upon its 2ITY OF 2002. ATTEST: JANET PRAINITO, CITY CLERK CITY OFBOYNTON BEACH, FLORIDA By: GERALD BROENING, MAYOR APPROVED AS TO FOILM JAMES A. CItEROF, CITY ATTORNEY Page 3 of 3 Lot 27 ,(Less the East ,150 feet Of,the West '200 ~eet of the N~Z~ i50 'feet:OPthe~ South I20 feet) and, Lot 28,, Dewey'~ s SubdiVisibn; Plat Bo01~ i, Page37, pakn fi~ch C;~; ~i~rha. EXHTRTT "R" PArC'ET. NC) '~ Lot 29: (Less ~¢ ,East ,Coast Canal Right-el-Way) Der/, ~y' s Subc[ivis~on, Plat Book l, page 3?. p~ maoh~ouat~, Floria~. ~T-TTRTT '~" pARFI~T. NTO '~ Lots 4, !3, ~d ~, m Demey s Sub~wsx~, of ~e Sou~ O~ha~ :(S ~/2)~ of.~. $0g~wesr Q¢~ ¢~ ~t/4) West: of ~l,~f ~¢cuon 22, T0wnshp ~:Sou~ ~ge:4~ 'E~ ~a~ Beth C0u~, Flori~. as shown 6n ?~e Ptht ~ereof. recofded in Plat Book.: 1; ~ge(37, Pgt~ Beach CounW, Florida. Requested City Commission Meeting Dates [] November 2~, 2001 [] December 4, 2001 [] December I8.2001 [] January 2. 2002 XIII-UNFINISHED BUSINESS ITEM A. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM (72 - 3 Date Final Form Must be Turned in to Citx Clerk's Office November 7. 2001 (5:00 a.m. November 21, 2001 (5:00 p.m.) December 5. 200I (5:00 p~m December 19. 2001 (5:00 p.m.) Requested City Cormnmssmn Meeting Dates [] IanuaD 15. 2002 [] February 5, 2002 [] February 19. 2002 [] March 5. 2002 Date Final Form Must be Turned in to Cir~ Clerk's Office January 3, 2002 (5:00 p.m.) January 16, 2002 (5:00 p.m.) February 6, 2002 (5:00 February 20, 2002 (5:00 p.m NATURE OF AGENDA ITEM [] Adminis~:ative [] Development Plans [] Consent Agenda ' - New Business [] Public Hearing [] Legal [] Bids ~ UnfinishedBnsiness [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Pleaseplace this request on the January 15, 2002 City Commission Agenda, noting that the item had been tabled by the Comm/ssion on December 4, 2001. Staff recommends, that the City Comnnssiun endorse the enforcement of current regulations reqffmng shade canopies'to be defined as "structures" and therefore subject to building codes and zoning regulations. EXPLANATION: Staffhas recently issued numerous citations to property owners w/th shade canopies that were erected throughout the city withour permits. By circumventing the proper permit review, these ~'stmcUn'es" have not been reviewed for compliance w/th wind-load and other sWactural requirements as well as for conformance with minimum setbacks. In light of the number of canopies existing throughout the city~ the demand for them to protect property from sun exposure and damage, and~in ,most cases;the inability to satisfy setback requirements, the public will likely be very concerned about the outcome of the City s revie~ of this issue. Staff favors the continued application ofbinlding and zoning requirements in.the review ofcanopres, given the potential for them to I)represent visual obstructions on properties where views are otherwise preserved by setback regulations; 2) erea~e unsightly conditions whenno[ properly maintained or replaced when necessary; 3) encourage the placement of vehicles and boars on unpaved surfaces wkich could lead to blighted conditions if not maintained; and 4) potentially increa~ the magnitude qf debris and hazardous conditions during storm events The Planning and Developmenl Board, With an emphasis on l~otential aesthetic impacts, also recommended that shade canopies continue to be considered "smmtures" and therefore subject to zoning regulations (e.g. setbacks), and permitting requirements. For further details pertaining to this request see attached Department of Development Memorandum No. PZ 01-235. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ~ D,~elopn~ent'D.e~',~nt Directo'~ Clty Manager's Slgnatll~e ~ ) Planning-and Zoning Dir~tor City Attorney / Finance / Human Resomces S:kPlanningxSHARED\WPkSPECPKOJkRegulations\Canopies (vehic[¢)~Ag~nda Item Request Canopies,cars,boats 1-15-02.dot S:~BULLETIN~ORMSXAGENDA ITEM REQUEST FORM.DOC TO: FROM: DATE: SUBJECT: DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDU~,I NO. PZ 01-235 Quintus Greene Director of Developmem Michael W. Ru. mpf .71%'~ Director of Plarming and Zoning November 19, 2001 Canopies (vehicle and shade canopies) Discussion item for City Commission City staff has recently issued numerous citations to property owners with shade canopms erected throughout the city without peri'nits. By circumventing the proper permit review, these "structures" have not been reviewed for compliance with windload and ofuer structural requirements as weli as reviewed for conformance with minimum setbacks. In l{g_ht of the ma~m-dtude of these canopies existing throughout the city, and the possible need for them to protect property from sun exposure and damage, the city is currently considering the review and revision of existing regulations and processes applicable ro canopies: The Planning & D~velopment Board reviewed th~s issue at its September meetingj and concurs with Department staff ~at shade canopies should c0~{inue to be regulated as "structures", and therefore subject to building codes and zoning regulations. Shade canopies .range in size and shape but are rypicaily about 1:0 £eet wide, 20 feet deep and 9 feet kigh at the peak (s~e attachments for Photographs of local ca~ 0PieS): The main use for shade canopies is obviously to pro, i(ct v*hicle~ fi:om the affect~ of the sun; however, they are als0 used to supply shade to the significant number of bo~ts and.other,r~creati0nal vehicles owned in th/s area, and for CoverLng those vehicles that are currendy inoperable and/or are being worked on. In some cases, the need for canopies maybe caused by the hck ora garage~ or the conversion 0f the. garage to living area. As shade canopies,have alw~Y~s be~n c?.~trued as "stmdmre~", they have iitways :been, required to ~be permitted, meet windtoad ~(f 0the~ bu~)i[ng Code requ~ements, and saii~fY zoning regulations Mth respect to setbacks. Issues that are currently being considered are described below: 1) t717hether canopies are "st~tctures" and sztbjecr to applicable re~darions As indicated by attachments supplied by the Building Officiat, canopies have been construed as structures and therefore subject to all applicable building codes. Although argued that they are temporary, and removable in the preparation for z major storm, this is difficult ro ensure/enforce, and the Building Official reports that the debris remaining in Dade County folIo~ving Hurricane Andre~v contradicts this position. Furthermore, many non-hurricane storms also have wind velocities capable o f removing canopies but do not allow for advance notice and preparation time. Page 2 Canopies In contrast to the-Building Code, the Zoning Code defines a "structure" as an improvement for which a certificate of occupancy (C.C.) is required. This may represent an internal inconsistency given that canopies are not finalized with a C.C. as they are not inhabitable. However, this discrepancy does not negate the logic behind their identification as structures. For comparison, staff surveyed nearby jurisdictions to determine if the citywas unique in its revie~v of canopies. The following table summarizes the findings of this, survey: JUKISDICTION CONTACT t PERMIT REQUIKED? Dekay Beach Building Official Yes, and subject to setbacks and windioad standards. Greenacres Building Official No but subject to building setbacks. Lantana ,Building Official Yes, and subject to setbacks and windload standards. Jupiter Building Offical Yes, and subject to setbacks and Windload standards. Palm Beach Co. .Structural PlanKeviewer Yes, and subject tosetbacks and ~vindload standards. Wellin~on Ch. Struct Plan Reviewer No canopies allowed. West Palm Beach Building Official I Yes; and subject to setbacks and windload standards The survey results indicate that Boynton Beach is nor unique in im processing of canopies. As indicated bythe above table, many other nearby communities also require permits for canopies, as well as compliance with windload standards and building setbacks. 2; IFhether canopies should be subject to zoning district setbacks Canopies are also listed in the Land Development Regulations under Chapter 2. Zoning, Section 4.J(8) which lists exceptions to the standard setbacks or height regulations for selected structures and etemenrs such as fences, rock gardens, flag poles, and chimneys. However, those canopies not subject to the standard building setbacks are limited to those mounted/supported only by a building wall. In this case, such canopies may exceed the setback up ro two and one-half (2 ½) feet. The other exception to setback applicability, is that a storage structure, no greater than 100 square feet m size and 7 feet in height, are subject to a side and rear setbacks of only three (3) feet. Other issues being considered include the role that individual homeowners associations could have in the review and enforcement of canopy restrictions and appearance standards. At minimum, staff is requesting that the Board contribute to the current consideration of canopy regulations by advising whether they should continue ro be construed as "structures" and therefore subject to standard building setbacks, whether special considerations should be provided for them in the section on Other Stn~cmrex thereby creating reduced setbacks and special limitations on location, size and/or height, or should they not be reviewed as structures and therefore not subject to setback restrictions. Staff favors the continued application of building and zoning code requirements in the review of canopies, given the potential for them to 1) represent visual obstructions on properties where otherwise %reserved by setback regulations; 2) create unsightly conditions and in particular when nor properly .,maintained or replaced when necessary; 3) encourage the placement of vehicles and boats on unpaved Page a Canopies surfaces which 6ould further lead to blighted conditions if not maintained; and 4) potentiglly increase the magnitude of debris and hazardous conditions during stonn events. Furthermore due to the limited side yard existing on a typical single.family or two,family lot, reduced restrictions applicable to canopies' may lead to the need for variances, or relief from codes to allow them where there is inadequate space. . Attachments ............ Requested City Comrmsmon Meeting Dates [] November 20, 200I [] Deceraber4, 2001 XIII-UNFINISHED BUSINESS ITEM B, CITY OF BOYNTON BEACE AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to Cit~ Clerk's Office November 7. 2001 (5:00 p.m.) November 2l, 2001 (5:00 p.m.} December 5, 2001 (5:00 p.m.) December 19,2001 (5:00p.m.) Requested City Commission Meeting Dates [] January 15. 2002 [] February 5, 2002 [] Februa~ 19, 2002 [] March 5, 2002 Date Final Form Must be Turned in to CiW Clerk's Office January 3, 2002 (5:00 p.m.) Janua~ 16, 2002 (5:00 p.m.) February 6, 2002 (5:00 p.m.) Febraary 20, 2002 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] DevelopmentPlans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Repom RECOMMENDATION: Accepttherep~rt~ftheB~ynt~nHist~rica~S~cietyregardingtheire~rtst~preser~the~:~.` Mangrove Park High School. co EXPLANATION: The report is being provided to comply with the request of the City Commission for a monthly prog~ss update on efforts by the Boymon Historical Society to preserve the building' This is in response to a stuff recommendation to demolish the structure. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A Quintus L. Greene, Bevelopment Dir. Department of Development C~ty Manager s Stgnamre City Attorney ! Finance / Human Resources S:~BUIJ~TINWORMS~AGENDA ITEM REQUEST FORM.DOC Boynton Beach 'Historical Society P 0 Box 12 ~ Boyr~on Beanie, Fi. 33425-0012 Ptione 965-9660 Mayor City Manager City Commissioners Janu. ,ary 8, 2002 Re: Status of high school & Boynton Beach Historical Society The Board of Directors of the Historical Society has met on several occasions . and as determined there are two possible aVenues to ~16re. The first is tohave~a group take over the majomy of the building, leaving some space for~he~&Iistorical Society and other groups. This would as we see it a theatrical group. Meetings are scheduledthis month to see if there is interest. We are planning to meet with two different groups. (Funding.would mainly come from this group) The second i~s for the Historical Society to develop the building as mainly a community center.' Meetings are also planned with the Directors of both City Place and Old School Square. I am sorry to report there is not more concrete information at this time, but due to the Holidays, it was hard to get people together. Peter E Moritz, President