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Agenda 02-05-02The City of Boynton Beach 100 E. Boynton Beach ~ulevard (561) 742-6000 City Commission AGENDA FEBRUARY 5~ 2002 Ronald Weilan¢'~:'~ Vice Mayor District' MaCk McCray' ;' Commissioner District II Mike Ferg District III Chadle I=f~.' ., D~stnct -,~-:.,:':~... Kurt Bressner City Manager WEL.COIflE Thank you for attending the City Commission Heeting GENERAL RULES & PROCEDURES r-OR PUBLTC PARTiC:/PAT~ON AT CI'TY OF BOYNTON BEACH COHH~S:iON HEET/NGS THE AGENDA: There is an official agenda for every meeting of ~he City Commissioners, which determines the order of business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or -':~-~~ of business, which is not listed upon the offic;~i agenda, unless a majority of the Commission has first consented to the presentation for consideration and action. · Consent Agenda [tents: These am items which, the Commission does not need to discuss individually and which are voted on as a group. · Regular Agenda Ttem$: These are items which the Commission will discuss individually in the order listed on the agenda. · Voice Vote: A voice vote by the Comm~;sio~ indlcal~ ~al of the agenda item. This can be by either a regular voice vote with "Ayes & Nays" or by a roll call vote. SPEAK/NG AT COHM~qS%ON MEETINGS'. The public is encouraged to offer comment to- Audience, and on any regular agenda itern~ ~ Commission meetings are, business meetln~ discussion on an issue. Comment cards are located on the Public Card" and gNe meeflng~ As a general ~, begun. · Public Hearings: ArN Hearings". · Public Audience: Any the Commission. Ple;~ use will call for speakers by ~ · Regular Agenda 11~m ~ a motion has been the agenda. The ADDRESSING THE When your name is DECORUH: Any pe .r.r.r.r.r.r.r.r.r~ makin9 Commission will permission to members present. Please rum off all pagers and Meeting is in session. Oty Commission meetings am Boulevard, Boynton Beach. month~ starting at: 6:30 p.m. Holidays/Election Day). during Public Hearings, Pub retains the right to limit axn~ a"Coniment by of the ?mm has the ~' entitled "Public og the jurisdiction of ~:' The Mayor Ilsted on.the agenda after .card for matters listed on your name and address. boisterous-, while, addressing the bY ttte presiding officer, unless vete of the Commission while the City Commission 100 East Boynton Beach : tfrst and third Tuesdays of ever~ have been moved due to February 5, 2002 CITY OF BOYNTON BEACH REGULAR CITY COMMISSION MEE'F[NG AGENDA 6:30 P,M. OPENINGS: A. Call to Order - Mayor Gerald Broening B. Invocation - Rev. Rick Riccardi, Police Chaplain C. Pledge of Allegiance to the Flag led by Commissioner Fisher D. IF YOU WISH TO ADDRESS THE COMMISSION: FELL OUT THE APPROPRIATE REQUEST FORM GIVE TT TO'THE CITY CLERK (ON THE DA~S) BEFORE THE "OPENINGS" PORTLON OF THE AGENDA HAS BEEN cOMPLETED · COME TO THEPODTUI~t WHEN THE MAYOR CALLS YOUR NAME IND~/~DUALS MAY SPEAK FOR THREE UNINTERRUPTED MINUTES. E, Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption II. PUBLIC AUDIENCE: INDLVIDUAL SPEAKERS WILL BE LZMTI'ED TO 3-MINUTE PRESENTATIONS OTHER: A. Informational Items by Members of the City Commission ADMINISTRA'I"ZVE: Appointment To Be Made Length of Term Board Expiration Date Mayor Broening Children & Youth Advisory Bd Stu/Reg/NonVoting i yr term to 4/02 I Weiland Children & Youth Advisory Bd Stu/Reg/Voting i yr term to 4/02 II McCray Bldg, Bd of Adj & Appeals Reg 3 yr term to 4/04 III Ferguson Bldg, Bd of Adj & Appeals Alt 1 yr term to 4/02 (Tabled-2) (Tabled-2) (Tabled-2) (Tabled-2) Mayor Broening Cemetery Board Alt 1 yr term to 4/02 Agenda Regular City Commission Boynton Beach, Florida February 5, 2002 Hayor Broening Code Compliance Board Alt 1 yr term to 4/02 (Tabled-2) [ Weiland Community RelaUons Board Alt 1 yr term to 4/02 (Tabled-2) Mayor Broening Education Advisory Board Reg 2 yr term to 4/02 (Tabled-3) I Weiland Library Board Alt I yr term to 4/02 (Tabled-3) t Weiland Nuisance Abatement Board Alt I yr term to 4/02 (Tabled-3) I Weiland Senior Advisory Board Reg 2 yr term to 4/03 (Tabled-2) V. ANNOUNCEMENTS & PRESENTA'r/ONS: A. Announcements: "Municipal Demo Week" of new voting equipment- February 4 through February 8, 2002 - City Clerk's Office, City Hall - 8:30 a.m. to 4:30 p.m. B. Presentations: 1. Proclamations: a. "Kindness Week" - February 10-17, 2002 VI. PUBLTC HEAR]NG: 6:30 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS A. Project: Agent: Owner: Location: E)escdption: Woolbright Plaza H. P. Tompkins Veronica Motiram 1609 S. Congress Avenue Request Conditional Use/Site Plan approval to raze an existing bank building in order to construct a new 14,490 square foot Walgreen's store with a drive-through facility combined with 4,800 square feet of commercial space and a separate four-story 40,000 square foot office/retail building for a total of 59,290 square feet of building area on 4.945 acres. Project to be done in phases, (Po~ponement requested to February 26, 2002 Planning & Development BoardmeeUng) VZZ. CONSENT AGENDA: Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying matarial to become a part of the Public Record and subject to staff comments. 2 Agenda Regular CJtyCommission Boynton Beach, Florida February5,2002 A. Minutes: Regular City Commission Meeting of .lanuary 2, 2002 Agenda Preview Conference of 3anuary ll, 2002 Regular City Commission Meeting of 3anuary 15, 2001 Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2001-2002 Adopted Budget Approve payment of invoices (Exhibit A) for annual sol, rare technical support and maintenance from H.T.E., Inc. of Lake Mary, Flodda, in the amount of $105,388.33 for the period of January 1, 2002 through December 31, 2002 from ITS Account #001-1510-513-46-91 (Software Maintenance) Award the "ANNUAL CONTRACT FOR PVC SCHEDULE 40 AND 80 IRRIGATION SUPPLIES," Bid #021-1412-02/KR, to' various vendors on a lot-by-lot basis with an estimated annual expenditure of $30,000 Award '~RE-BID ANNUAL CONTRACT FOR SECURITY OFFICER SERVICES FOR THE EZELL HESTER COMMUNITY CENTER, THE LIBRARY AND THE SCHOOLHOUSE MUSEUM," BID #023-2710~02/C2D, to V.G.I. Security, Inc., in the amount of $44,358 C. Resolutions: Proposed Resolution No. R02-017 Re: Approving the release of surety funds for Quantum Business Park, Itasca Construction AssociateS, Inc., Excavation & Fill Permit 99-1267, in the amount of $8,6OO Proposed Resolution No. R02-018 Re: Approwng the release of a cash bond in the amount of $770 to Advanced Commercial Contractors, Inc. Proposed Resolution No, R02-019 Re: Authorizing the Mayor to execute the Palm Beach County Recreation Assistance Program Funding Agreement for the Chenaniah Praise Dancer's Trip to Washington, D. C. from .lune 22-24, 2001 Proposed Resolution No. 02-020 Re: Approving the security agreement for the 2002 G.A.L.A. event for the pedod of March 22-24, 2002 with Statewide Enterprises Custom Security Solutions to provide 180 hours of special event secudty for a total cost of $3,174 Agenda Regular City Commission Boynton Beach, Florida February 5, 2002 Proposed Resolution No. 02-021 Re: Authorizing the Mayor to sign an Agreement for Water Service Outside of the City Limits and Covenant for Annexation with Joyce A. Kane, for a parcel of land located on the west side of Military Trail at the intersection with Old Military Trail Proposed Resolution No. 02-022 Re: Authorizing the execution of a Sidewalk Construction Agreement with Foster Oil Corporation Proposed ResoluUon No. 02-023 Re: Ratification of South Central Regional Wastewater Treatment and Disposal Board action of January 17, 2002: Authorization to renew contract with New Look Lawn Services dated March 1, 2000 for the sum of $1,400 per month for the length of the contract in the north area and an additional sum of $1,000 per month length of the contract in the south area. Contract will be in effect for final term. Authorizatio~ to enter into contract with Aarow Building & Maintenance, [nc. dated March 1, 2000 for the sum of $310 per month for janitorial services. Contract will be in effect for final term. Authorization to rescind funding portion of Board action of July 19, 2001 to expend $156,500 from Repair & Replacement Fund to pay SCRWT&DB's share of design and permitting phase of the biosolids pelletization project Authorization to expend $9,000 from Repair & Replacement Funds to install permanent hurricane shutters on screening and chemical buildings Authorization to expend $14,000 from Repair & Replacement Funds to clear invasive growth from perimeter fence plus repair fence and install three strand barb w~re where necessary Authorization to expend $7,500 from Repair & Replacement Fund to install isolation circuits to P.C.'s in administration building Authorization to expend on an emergency basis $6,000 from Repair & Replacement Funds to purchase reclaimed flow meter replacement kits at each golf course Authorization to expend $10,000 from Repair & Replacement Funds on an emergency basis to replace operator interface board and wear ting on centrifuge "B" Agenda Regular City Commission Boynton Beach, Florida February 5f 2002 Authorization to expend $5,000 from Repair & Replacement Funds on an emergency basis to replace motors & bearings on both grit classifier pumps Authorization to expend $3,800 on an emergency basis from Repair & Replacement Funds to replace clutch on John Deere tractor Authorization to expend $2,653 o~ an emergency basis from Repair & Replacement Funds to replace plant influent meter transmitters Authorization to accept Hazen & Sawyer's preliminary design report task order Proposed Resolution No. 02-024 Re: Authorizing t4ayor to sign an agreement between the City of Boynton Beach and Silverlake Property Owners Association for stormwater outfall improvements D. Ratification of Planning & Development Boarc Action: Corina Collin Center, LLC (North side of Woolbright Road approximately 263 feet east of Congress Avenue) - Request for site plan approval to construct a two-story 9,143 square foot Hedical/lq.R.T. office building on 1.12 acres Golden Corral Restaurant - {West side of Winchester Park Boulevard, north of Boynton Beach Boulevard) - Request for site plan approval to construct a 10,330 square foot restaurant (390 seats) on 2.65 acres Villas @ t~uantum Lake - (Quantum Lakes Drive) - Request major site plan modification for an additional 42 residential units to be located on a 2.91-acre addition to this approved 272-unit project E. Ratification of CRA Action: None Authorize the Utilities Department to turn over $147,344.24 in unpaid Utility and Refuse billings to the City's collection agency, and authorize the Finance Department to reduce the Allowance for Uncollectible Account by that same amount Authorize the Golf Director to negotiate a contract with the #1 ranked Golf- Course Architect, Charles Ankrom of Stuart, Flodda, to provide architectural and consulting services to the Golf Course staff in remodeling and renovating the nine-hole Executive Course and practice facilities at The Links 5 Agenda Regular City Commission Boynton Beach, Florida February 5, 2002 VIII, CITY bIANAGER'S REPORT: IX. FUTURE AGENDA I'TEf4S: A. Update on Utilities Reserve Funds (February 19, 2002) Proposed Resolution regarding approving a contract with the Institute of Cultural Affairs (ICA) for the provision of consulting services known as the Heart of Boynton Neighborhood Academy (February 19, 2002) Discussion regarding preparation of a resolution to amend guidelines for distribution of Community Tnvestment Funds (February 19, 2002) Discuss preparation of a resolution to transfer funds to increase City Commissioners' expense accounts (February 19, 2002) Proposed Resolution regarding authorizing the use of eminent domain to acquire the public right-of-way necessary to develop the Boynton Beach Boulevard Promenade and Riverwalk (March 5, 2002)(7'a~ at ./anum~' 2'~ 2002 Review of Proposed Amendment to Development Agreement - Marina Project (March 5, 2002) G. Discuss long range plan for the Woman's Club (March 19, 2002) Discussion of proposed Charter Amendment regarding salaries of City Commission (March 19, 2002) T. Discussion of water and wastewater rate options (March 19, 2002) FRA Whistle Ban - Report (March 2002) - Delayed due to Federal Railway Administration Delay in Rulemaking Ordinance on first reading rescinding LDR Chapter 2, Zoning, Section 11.3. Environmental Review and associated references to Environmental Review Permit or the Environmental Review Committee IMay 7, 2002) X, DEVELOPMENT PLANS: None NEW BUSZNESS: Review of Code Compliance Board Order regarding Riverwalk Plaza Joint Venture Lien Reduction 6 Agenda Regular City Commission Boynton Beach, Florida February 5, 2002 XII. LEGAL: A. Ordinances - 2'° Reading - PUBLIC HEARING Proposed Ordinance No. 02-001 Re: Amending Chapter tB, "Parks and Recreation," Article II, "City Parks and Beaches" by amending Section I6-22 to provide for administrative authority to designate and post specific 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 Hedium Density Residential (9.86 du/ac) to Local Retail Commerdal CKdspy Kreme) 3, Proposed Ordinance No. 02-003 Re: Rezoning from Duplex Residential (R-2) to Neighborhood Commercial (C-2) (Krispy Kreme) Proposed Ordinance NO.02-004 Re: Repealing Artide III of Chapter 18 and adopting a new Article IIT of Chapter 18, Municipal 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. O2-O05 Re: Amending Section 18- 18:L(A)(4) of the Rrefighters' Pension Plan to permit the purchase of investment grade bon(~s with not greater than 10% of the fixed income portfolio, amending Section 18-183 (a) to provide for three-year averaging En ~he computation of average final compensation, and creating Section 18-184, providing for the potential payment of a :t3~ monthly pension payment B. Ordinances - Ist Reading Proposed Ordinance No. 02-006 Re: Dakota Lofts Reclassify from Local Retail Commercial and Low Density Residential to High Density Residential Proposed Ordinance No. 02-007 Re: Dakota Lofts - Rezone from C-3 Community Commerdal and R-l-AA Single-family Residential to Planned Unit Development (PUD) Proposed Ordinance No. 02-008 Re: Amending Chapter 9, City of Boynton Beach Code of Ordinances, providing for compliance with NFPA l, Fire Prevention Codes, 2000 Edition 7 Agenda Regular City Commission Boynton Beach, Florida February S, 2002 Proposed Ordinance No. 02-009 Re: Amending Chapter 14, Motor Vehicles and Traffic, creating a new subsection to provide for all signage to conform to national standards and creating a new section providing for traffic calming measures C. Resolutions: Proposed Resolution No. 02-025 Re: Authorizing Mayor to execute Partial Release of Lien for 1000 W. Tndustrial Avenue, Boynton Beach Industrial Park, North, Lot 9 D. Other: Accept the mediated settlement with Plaintiff in case Tiffany Vassalotti v. City of Boynton Beach in the amount of $7,000 Accept the mediated settlement with Plaintiff in case Nicole Vassalotti v. City of Boynton Beach in the amount of $10,000 XIII. UNFINISHED BUSINESS: A. Update on Mangrove High School Restoration X/V. ADJOURNMENT: NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE ClTY COHMISSION WITH RESPECT TO ANY MA'ITER CONSIDERED AT THIS MEETiNG~ HE/SHE WILL WEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURFOSE~ HE/SHE MAY NEED TO ENSURE THAT A VERBAT[M RECORD OF THE PROCEEDING IS MADE, WHICH R~COP. D INCLUDES THE TE~'[MONY AND EV]DENCE UPON WHICH THE APPEAL IS TO BE EASED. (F.S. 286.0105) THE ~ SHALL FURN[SH APPROPPJATE AUX]UARY AIDS AND SERWCES WHERE NECESSARY TO AFFORD AN INO[V[DUAL WTFH A DISABILITY AN EQUAL OPPORTUNTTY TO PART[C[PATE IN AND EN~OY THE BENEFITS OF A S~RV[CE, PROGRAM~ OR ACT[V~TY CONDUCTED BY THE CITY. pLEASE CONTACT ]OYCE COSTELLO, (561) 742-6013 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR AC'P!VI'P( IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR RE(~UEST. jmp/bg FINAL AGENDA - 02/01/2002 12:03 PM \\C H~&~AiN~S HRDATA\CC\WFACCAGENDA~AGENDAS~YEAR 2002\020502.DOC 8 V. - ANNOUNCEMENTS I'TEM A,:I. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Mus; be Turned ~Office Novernber 7, 2001 (5:00 p.m. NoYember 21, 2001 tS:00 p.m.) December 5, 2001 t5:00 p.m3 Decernber 19, 2001 ~5:00 p.m.) Requested City Comrmssion ~M0etin Dg,_~g~ [] January 15.2002 [] February 5, 2002 [] FebruaD i9.2002 [] March 5, 2002 Date Final Form Mttgt be Turaed into Ci ~lerk's Office January 3. 2002 (5:00 p.m3 January 16. 2002 (5:00 p.m.} February 6, 2002 (5:00 p.m. February 20. 2002 (5:00p.m [] Developmem Plans [] Administrative [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Unfinished Business [] Bids [] Presentation [] City Manager's Report "Municipal Demo Week" - February 4 through February 8, 2002 - City Clerk's Office - City Hall - From 8:30 a,m. to 4:30 p.m. The Supervisor of Elections has provided a voting machine to each of the municipalities in for public demonstration, The voting machine will be available in the City Clerk's Office through Friday, February 8% The City Clerk's Office staff has been trained by the Elections and will assist the public in operating the machine. within the City Clerk's Office was selected as the best location for the voting machine reasonS: a secure location for this very expensive equipment; of the machine requires demonstration. All members of the City Clerk's Office have been to demonstrate the equipment and assist the public in its operation; and the Lobby or Commission Chambers, a staff member would have to at all t roes Placing the equipment within the City Clerk's Office allows staff to perform their : duties at their desks ~nd sti be available to assist the public when needed. IMPACT: Gib/Ma~nagels Signature Head's Signature Cib/Attorney / Finance / Human Resources Department Name ,equest Memos~genda Item Request Form for Announcement of Municipal Demo Week.dot V. ANNOUNCEMENTS ITEM B.l.a The City of Boynton Beach recogn zes that our everyday life s often fill ' v'oJence and disaster while the man d' * . ed w~th Information regard ng crime y ady acts of kmdnassthat occur n our community are arge y inconsp cunus and unobtrusive. Iris these simple acts of kindness and mutual respect that 'maJ~e life more livable~or eVeryone. Random Acts of Kindness Week is an annual global awareness campaign and ce~ebretion of the power of .Rpando. m Acts of Ki.ndnass as a counterbalance to random acts of violence. It was sparked by Anne Herbert's phrase, ractice random kindness and acts of senseless beauty" and has grown internationally, spreading through c assrooms, places of worship, hospitals, businesses, service clubs and municipalitias. Cadng and sharing, lending a helpin~ hand, exchanging a warm smile or a simple greeting are the hallmarks ; fyap eCi~Le ~ln; ~C~ea l~l;a S~,,o~u~r_h_o.,ul.s_? .ecomas a home .and our peop e bec~me a commun ty . .. ~ · :, ..~ ,,~.~ o. ~pu~tun~ty [o recognize ami celebrate the far-re * as individuals canhave on theworld around us. aching effects we By highlighting and denoting a particular week n whic tocontinueandtOnofi~e,~,,~,~,~,,~:,^.:.;,~. .... ~_ .~_ -~..u~,nac[soYKmoness, ndiviclualswi oeurged ~-,~.-,-~,,~ u,,uu~.uutme ear The u ' · . day-to-day acts of kindness to our fe .... ~;"-an ha nn- ~.~Yl _ ' ~ amaze goal is that we w~ll remember that smp e · : . . ~,,; .u,. ....... aa wm enable our community to become a kinder secure enwronment n which to ve work p ay and earn. , safer and mom Now, therefore, I Gerald Broening, by virtue of the authority vested in me as Mayor of the City of Boynton Beach, Flodda, hereby proclaim February 10-17, 2002, as: ational Kindness Week and call upon all our citizens to participate in spreading kindness and practicing respect, generosity, patience and consideration of others at all times. In witness whereof, I have hereunto set my hand and caused the Seal of the City of Boynton Beach, Florida, to be a~xed at Boynton Beach, Florida, the 5th day of February, Two Thousand and two, ATTEST: City Clerk (Corporate Seal Gerald Bmening, Mayor City of Boynton Beach IGtinski, Bonnie From: Costello, Joyce Sent: Tuesday, January 15 2002 3:06 PM Fo Gtinski, Bonn e; Pra nito Janet I'$ubj~ct: Feb 5'th ,C~h Ssidn. M~t ng -, . Please place the following proclamation on the Feb 5th agenda Kindness Week:- February.,'10 to~17, 2002 Joan Ste gman 733-~1788 will attend the meeting to receive the proclamation. VII.-CONSENT AGENDA CITY OF BOYN O BEACH ITEM B.1 AGENDA ITEM REQUEST FORM Requested City Commission Meet/n~ Dates_ [] November 20, 2001 [] December4, 2001 [] December I8, 200t [] January 2, 2002 NATURE OF AGENDAITEM RECOMMENDATION: Date Final Form Must be Turned in to City Clerk's O~¢e November 7. 2001 (5:00 p.m.) November21, 2001 (5:00 p.m.j Dec!tuber 5, 2001 (5:00 p.m.) December 19, 2001 (5:00 p.m.) [] Admires' ~'ative [] Consent Agenda [-'[ Public Hearing [] Bids ] Announcement [] CityManager's Report Requested City Commission Date Final Form Must be Turned ~ Ln to CiW Clerk's [] January 15, 2002 January 3, 2002 (5:00 p.m./ [] February 5, 2002 January 16, 2002 (5:00 p.m3 [] February 19, 2002 Febraary 6, 2002 (5:00 p.m.) [] March 5. 2002 February 20, 2002 (5:00 p.m.) [] Development Plans [] New Business [] Legal [] Unfinished Business [] Presentation Motion to approve payment of invoices (Exhibit A) for annual software reclmical support & maintenance fi:om H.T.E. Inc. q/; Lake Ma~, Florida in the mount of $105.388.33 for the period of January 1, 2002 tkrough December 31, 2002, ~ IrTu~g~ Account#001-1510-51346-91 (SoftwareMaimenance). - _~< EXPLANATION: ~-~ ' ~ Maintenance fees pro'r/de: -- -- ~'~ * Seven (7) days a week, 24 hours soiiware technical support for HTE modules used by departments citywide ~ _ ~-~ · Version upgrades of ali software products, when available, at no additional cost. ~ · Program Temporary Fix (PTF) patches for soRware problems, when available, at no additional cost. c,~ 2~ PROGRAM IMPACT: ~ ,~ rq · Pan of the City's I.T.S. plan is vendor supported "common off theshelf' products to reduce total cost of owners/~p. ~-m · in-house staff is insufficient in s/ze or available experience to maintain and support these products in-house. FISCAL IMPACT: · Sufficient funds are available in the current I.T.S. budget for software maintenance services. · This is a budgeted maintenance line item. · This covers citywide departmental lITE products at an average of less than $4800 each. This very reasonable pricing for market specific products of this type. · The city's in/rial/nvesmqenr of $536.000 in 1997 would be lost if this is not funded and an additional $1.3 Million dollars would be necessary to replace the current enterprise applications. · Maintenance of these products is essential in obtain/ng city revenues, ~.e., utility billing, permitting, occupational licensing, etc., etc., ALTERNATIVES: · ,These. ~.~e~services are only ayailable f~om/rhe original software vendor. · l~ose,tmja, al mv~s, tinent of $530,000.~t,~o.,tlhave ~ abi//ty to access data or e -, g at venue. Peter/Wallace, DirectorOfI T S''" .......'" :-- '~-'~ -' '4~-t~--,~-~"'~"f'd"x'a~ / '-. ~.-~, _ . ~ty M,-al~gerf s Signature I.T.S Deparunent City Attorney / Finance Human Resources S:kBULLETLN~FORMSkAGENDA ITEM REQUEST FORM.DOC Application Solutions for Government 1~00 ~3usiness Center Drive Lake Mary., FL 32746 (407) 304-3235 INVOICE Bill To: City of Boynton Beach-CISC 100 E. Boynmn Beach Blvd. P.O. Box 310 Boynton Beach FL 33425 Unite~t States At'm: Jeeh Goodwin 561-375-6070 Ship To: City of Boynton Beach~C1SC 100 E. Boynt0n Beach Blvd. P.O. Box 310 Boynton Beach FL 33425 U~i[ed states A~'t~n: J~elh ~o0i:lWin 561-375-6070 1 ~ 172 City of Boynton Beach-CISC Contract No 5063 I 10-ACTREGAS400-[-F ACTIVITY REGISTRATION AS400 Yes 0 USD NET30 26/Oeci2001 958.33 Mainten,,ne~ Start: 01/Jan/2~02, End: 31/May/2002 Contract No 9 Yes 0 t.00 t,400.00 0 1,400.00 2 01.MISCINTERFACES-LF Bids Module - Maintenance Start: 01/Jarg2002, End: 31/Dec/2002 14.880.00 V/ Yes 0 1.00 14,880.00 0 3 02-CIS-LF CIS Maintenance Start: 01/Ja~/2002, End: 31/Dec/2002 02.WORKORDERS/FM-LF Work OrderslFacilites Management Yes 0 1.Q0 8.200.00 0 8,200.00 5p~3.ainteesnce Start: 011Jan/2002, End: 31/Dec/2002 ACCOUNTSREC-LF Yes 0 Accounts Receivable 31/Dec/2002 Maintenance Start: 01/Jan/2002, E~d: 1.00 3,950.00 0 3.950.00 V'/ 29.388.33~ REMIT PAYMENTTO HTE !NC. · P.O Box 11~195 · ATLANTA GA 30368-6195 ~~ Headquarters: 1000 Business Center Drive Lake Mary, FL 32746 -' -- ~x~ (407) 304-3235 Application Solutions for Government 100 IN¥OICE 817488 Bill To: City of Boynton Beach-C1SC 100 E. Boynton Beach Blvd. P.O. Box 310 Boynton Beach FL 33425 United States Attn: Jean Goodwin 561-375~6070 Ship To: City of Boynton Beach-CISC 100 E. Boynton Beach Blvd. P.O. Box 310 Boynton Beach FL 33425 United States At'tn: Jean Goodwin 561,375-6070 I 1172 City of Boynten Beach-CISC NET30 /~oplicant Tracking Maintenance Stere. 01/Janl2002, End: 31/Dec/2002 03'-ASSETMNGTi. LF Asset Management I Maintenance Start: 01/Jan/2002. End: 31/Dec/2002 8- 03'CASHRCPTAS400.LF Cash Reciepts - AS400 Maintenance Start: 01/Jan/2002, End: 31/Dec/2002 03-FLEETMNGT.LF Fleet Management Maintenance Start: 01/Jan/2002, End: 31/Dec/2002 10 03-GMBA-W,'REPORT. LF GMBA Maintenance Start: 01/Jan/2002, End: 31/Dec/2002 Yes Yea Yes 0 1.00 0 1.00 1.00 2,850.00 0 2,850.00 V/ 2,700.00 0 2,700.00 2,850.00 0 2,850.00 1.00 4,950.00 0 4,950.00 0 1.00 11,200.00 0 11,200.00 %// :MIT PAYMENT TO: FTc_, /NC. · RO. Box 116195 · ATLANT&,i GA 30368-6195  Headquarters: ~ 1-000 Bdsih~ss Center Drive Lake~Mary, FL 32746 (407) 304-3235 Applicatton Solutions for Government 617486 INVOICE 261Novt2001 3 ¢ Bill To: City of Boynton Beach-ClSC 100 E. Boynton Beach Blvd. P.O. Box 310 BoyntOn Beach FL 33425 United States At'm: Jean Goodwin 561.375;6070 ShipTo: City of Boynton Beach-GISt 100 E. Boynton Beach BIv~d. P.O. Box 310 Boynton Beach FL 33425 United States Attn: Jean G0odwia 561-3~75'607(~ 26/Dec/2001 I 1172 Contract No 9705024 tl 03.LOANSMODULE-LF Loans Module Maintenance Start: 011Jan/2002, End: 31/DecJ2002 12 03.PAYROLL/PERS-LF Payroll/Personnel Maintenance Sta~ 011Jan/2002, End: 31/Dec,'2002 13- 03.PURCHASE/INV-LF Purchasing/InventOr' Maintenance Start: 01/Jan/2002, End: 311Dec/2002 14 08.SUILDPERM-LF BUILDING PERMtTS Maintenance Sta~ 01/Jan/2002, End: 31/Dec/2002 15 08.BUSINESSLIC'LF SUSINESS LICENSES Maintenance Sta~.. 011Jan/2002-, End: 31/Dec/2002 Yes Yes Yes Yes 1.00 2,250.00 0 0 t .00 6,600.00 0 1.00 ~150.00 0 1.00 6,550.00 0 1.00 2.850.00 2,250.00 ¢ 6.600,00 '~ 6,150.00 ~/~ 6,550,00 v/ 0 2,850.00 REMIT c, tx.YMENT TO: HTE. INC. · P.O. Box 116195 · ATLANTA GA 30368-6195 Application Solutions for Government 1000 l~siness Center Drive Lake Mary, FL 32746 (407) 3O4-3235 100 817486 INVOICE 26/Nov/2001 Bill To: City of Boynton Beach-CISC 100 E. Boynton Beach Blva. P.O. Box 310 Boynton Beach FL 33425 United States Attn:Jean Goodwin 561-375~BQT0 Ship To: City of Boynton Beach_CiSC 100 E. Boynton Beach Blvd. P.O. Box 310 Boynton Beach FL 33425 United States Attn: Jean Goodwin 561-375-6070 Contm~ No9705024 16 08-CODEENFORCE~F CODE ENFORCEMENT Maintenance Start: 01/Jar~2002, End: 31/Dec/2002 08-PLANZONING.LF PLANNING & ZONING ~8 Maintenance Start; 01/Jaa/2002. End: 31/Dec/2002 99-HGECLIENT-LF HGE Client Licenses Maintenance Start: 01/Jan/2002. End: 31/Dec/2002 Yes Yes Yes 0 1.00 1.00 2,850.00 0 1.00 6,550.00 0 15,000.00 0 26/Decz2001 2,850.00 t/~ 6,550,00 ~/' 15,000.00 fIT---~ PAYMENT TO: HTE INC. · RO. Box 116195 · ATLANTA GA 30368-6195 ~~ Headquarters: . 4000 Biisiness Center, Drive ' Lake Mary, FL 32746 t.407) 304-3235 Application Sotur~onS for Government Bill To: City of Boynton Beach-CISC 100 E. Boynton Beach Blvd. P.O~ Box 310 Boynton Beach FL 33425 Un~ted Slates Attn: Jean Goodwin 561-375-6070 100 INVOICE 817229 26/Nov12001 I of 1 I Ship To: City of Boynton Bea~SC ,,: · 100 E. Boynton Beacb Bt'~d. P.O. Box 310 Boynton Beach FL 33z~25 United States Attn: JeanGoOdwi~56't '375'6070 ~ 26/Dec/2001 I 1172 9705O24 99.QREPADMIN'LF QRep Administmtol - H.T.E. Maintenance Sta~ 01/Jan-r2002' End: 31/Dec/2002 99.QREPENDUSER'LF QRep End user H.T,E MaintenanCe Start: 01/Jan/2002, End: 31/Dec/2002 yes Yes I zOO 250,00 0 4.00 250.00 500.00 1,000.00 REMIT PAYMENT TO ~TE, NC · P.O. Box 116195 · ATLANTA GA 30368-61°~ Application Solutions for Government Headc!uai, zers: //I ~,,,,' i000 BUs' ' //'/ (407' 304-3235 Bil! To: City of Boynton Beach-EISC 100 East Boynton Beach Boynton Beach FL 33435 United States Attn:Vicki Dornieoen (A/P) (561) 375q3317 100 INVOICE" 818528 l~De~20, ~ . I of 1 Ship To: City of Boynton Beach-RiSC . ° 100 East Boynton Beach Boynton Beach FL 33435 United States Attn: Vicki Domieden (A/p) (561)375-6317 1173 1 99'QREPEND ~I~SER.LF QRep End User H,T.E Maintenance Start: 01/Jan/2002, End: 311Dec12002 250.00 0 ?3/Jan/2002 250.00 250. - PAYMENT TO HTE. INC · ~O Box 116195 · ATLANTA, GA Application Solutions for Govemme~ Bill T~): '~ ~t Boyi~ton Beach-RISC t00 East Boynton Beach Bo~/nton BeaCh FL 33435 nited States UAttn; viCki Dbmieden (A/P) (561 )375:6317 INVOIG 100 26/Nov12001 1 of 1 Ship To: City of Boynton BeaclM~:tSGr ' 100 East Boynto~ Beach Boynton Beach FL 33435 United States Attn:.Vicli Domie~en ~)(56:t) 37~5-6317 t73 ~ Be, ach-RISC 849 99_DOCMGM:rsvCS-LF DMS - Document Management Se~ices Maintenance Start: 01/Jan/2002, End: 311Dec/2002 Yes -. USD NE'r30 gO0.O0 ~/ REMIT a~,YMEN-f TO' ~TE INC. · P.O BOX 116195 ® ~,TLANTA GA 30368-6195 Requested City Commission Meeting Dates [] November 20. 2001 [] December 4. 2001 [] December I8. 2001 [] January 2. 2002 VII.-CONSENT AGENDA ITEM B.2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORIv Date Final Form Must be Turned in to Citw Clerk's Office November 7, 2001 (5:00 p.m.) November 21, 2001 (5:00 p.m.j December 5, 2001 5:00 p.m.) December 19. 200I (5:00 p.m.) Requested City Comm/ssion ate Final Form Must l~'°rurn~ Meeune Dates in to CiW Clerk's O~e ~_ [] Janua~ 15, 2002 January 3, 2002 (5:00.p.~ .... [] Febraary 5, 2002 January 16~ 2002 (5 00 p~:~ -' ~-~ [] February 19.2002 February6,2002(5:00p. [] March 5. 2002 February 20. 2002 (5:00 p.m.) NATURE OF AGENDA ITEM [] Adm/nistrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unf'mished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: A motion to award the "ANNUAL CONTRACT FOR PVC SCHEDULE 40 AND 80 IRRIGATION SUPPLIES", Bid #021-1412-02fKR, to various vendors on a lot-by-lot basis, with an estimated annual expenditure of $ 30,000.00. EXPLANATION: On December 27, 2001, Procurement Services opened the six proposals received for the bid referenced above. The factors used in determining the award recommendation were: A) Over all low price; B) Brand name; and C) Vendors' minimum requirements. We recommend this multi-award to the lowest, most responsive, responsible bidder on a lot-by-lot basis. Dominic DeMauro. Warehouse Manager, concurs with this recommendation (see attached Memo). The provisions of this bid award will ailow for a one (1) year extension at the same terms, conditions, and prices subject to vendor acceptance, satisfactory performance and determination that the renewal is in the best interest of the City. PROGRAM IMPACT: The purpose of this bid is to establish pricing for the purchase of various PVC piping (Schedule 40/80) to be used in irrigation instailation/repairs. Items will be ordered on an "AS NEEDED BASIS" and stocked within the City's Warehouse. FISCAL IMPACT: BUDGET ACCOUNT NUMBER V~7arehouse Stock ~J~"~.~502'0000-141-01'~t ~l ~'. Procurement Services Department Name ESTIMATED ANNUAL 0,000.00 City Manager's §ignamre City Attorney Finance / Human Resources cc: Dominic DeMaure, Warehouse Manager S:XBULLETINkFORMS~AGENDA ITEM P~QUEST FORM.DOC File The City of Boynton Beach WAREHOUSE DIVISION TO: FROM: DATE: Bill Atkins. Deputy Finance Director Dominic DeMauro. Warehouse Manager, S-. January 10, 2002 SUBJECT: Annual Bid PVC Schedule 40 & 80 I have reviewed the tabulation sheet sent from your office. I used the following factors in determining this award: A) price B) brand name C) Vender minimum shipping. My recommendation is this be multi awarded lowest, most responsive and responsible bidder by lot. If you have any question please call 6324. ADAPTERS LEHMAN PIPE & PLUMBING SLIP CAPS LEHMAN PIPE & PLUMING THREADED CAPS LEHMAN PIP_E & PLUMING 45 SLIP ELBOW PROFESSIONAL SUPPLY CLAMPS U.S. FILTER COUPLINGS LEHMAN PIPE & PLUMBING HUGHES SUPPLY 1,2,3,4,5;6,7,8,9 10,11,12,13 14,15,16 17,18,19,20 21,22,23 24,25,26,27,28,29,30,31,32 33 Page Two PVC ELL LEHMAN PIPE & PLUMBING NOZZLES RAINBIRD HUGHES SUPPLY NOZZLES RAINBIRD 1800 HUGHES SUPPLY 51,52,53,54,55 NOZZLES ~NBIRD VARIABLE HUGHES SUPPLY TORO HIT NOZZLES 570 PROFESSIONAL SUPPLY POLY NIPPLES KILPATRICK POP LIPS ~PATRICK 34,35,36,37,38,39,40,41,42,43 44,45,46,47,48,49,5'0 (Not low bid in all cases, meets manufacturer specifications) P.~V.C PIPE 20 LENGTHS SCH40 PROFESSIONAL SUPPLY RISERS ~LPATP, gCK SL~ TEE& ACCESSORIES LEHMAN PIPE & PLUMBING SPLICE KIT KILPATRICK SWING PIPE ELS HUGHES SUPPLY TELESCOPE PROFESSIONAL SUPPLY 114,115,116,117,118,11%120,121 (Not lowbicl in all cases, meets manufacturer specifications) P~V.C GLUE LEHMAN PIISE & SUPPLY SAWS KtLPATRICK SAW BLADE HUGHES SUPPLY VALVES HUGHES SUPPLY 122,123,124,125 126,127 128,129 130,131,132,133,134,135,136,137,138,139,140 85,86,87,88,89,90,91,92 93,94 95;96,97,98,99,100,101,102,103,104,105,106 107,108 109,110,111,112,113 56,57,58,59 60,61,62,63,64,65,66,67,68,69,70,71 72,73,74 75,76,77,78,79,80,81,82,83,84 Page Three PVC DIAPHRAGM KITES HUGHES SUPPLY 141,142,143,144,145,146 147 PRESSURE VACUUMBREAKER PROFESSIONAL SUPPLY TIMERS HUGI-mS SUPPLY KII.PAT,R_ICK NO BID KILPATRICK HUGHES SUPPLY 148,149,150,151 1~2~153.154155.156,~5~A58~ 16i,1621163 159,160 164,165,166,167,168,169,170 [71 PVC SCHEDULE 80 ADAPTERS LEHMAN PIPE& PLUMBING 172,173,174,175,176,177,178,179,180,181,182,183,184,185,186,187 SLIP TEE LEHMAN PIPE & PLUMBING '188,189,190,191,192,193,194,195 (*Item 188, verified with vendor, price is $1.07) ELBOWS 90 LEHMAN PIPE& PLUMBING 196,197,198,199,200,201,202,203,204 SLIP COUPLING LEHMAN PIPE& PLUMBING205,206,207,208,209,210,211 NIPPLES LEHMAN PIPE& PLUMBING212,213,214,215 SLIP ELBOW 45 LEHMAN PIPE& PLUMBING216;217,218,219,220,221,222,223,224,225 BUSItlNG SLIP X SLIP LEHMAN PI15E& PLUMBING226,227,228,229,230,231,232 BUSItI~G SLIP X TItREAD LEHMAN PIPE& PLUMBING 233,234,235,236,237,238,239 PIPE Stt 80 LEHMAN PIPE& PLUMING 240,241,242,243,244,245 LEITM~ PIPE& PLUMING 246,247,248,249 Z 505 Z~ mm mm Z ~o~ -~.m~ :~F>~ z mm mrn ~.m.. ITl r2-~ ~ Z Z Z F- O Z "11 0 '13 ITl t- Z (30 'IJ 5o5 ~Z em> ~ z mm mm °° ~o~ Z~ ,.m~m t-0 Z : r= ..q iZ C7 Z Z C: ? I" 0 Z mm mm r- z Z mm mm Z Z Memorandum From: Date: CC: Re: Kurt Bressner, City Manager Wilfred Hawkins, Assistant City Manager '/~/~ February 1, 2002 Janet Prainito, City Clerk Pre-Agenda Follow-up Concerning VGI Security Service Bid Award In regards to the question raised in the pre-agenda meeting of January 31, 2002, the City Of Boynton Beach is awarding the Secudty Officer Service contract to VGI Inc. The odginal security guard bid was awarded by Commission on May 15, 2001 to Safeguard Group Holdings LTD. Subsequent to this bid award, Safeguard Group Holdings LTD affiliated with VGI, Inc. Based on the fact the companies affiliated, a rate increase was being requested for armed security guards, an.d the nomassignable provision in the bid documents, Procurement Services recommended that the security guard service go out for bid. VGI, Inc. would be given consideration in the re-bid process. The current armed security guard provided by VGI, Inc. was doing an excellent job, and has a good working relationship with the Librery staff, and the students have identified to him and accepted his roll. VGI, nc. also worked with our City staff to provide continual uninterrupted service at the Librery until the City could re-bid for the secudty guard services. VGI. nc. was the second lowest bid for the secudty guard services based on the total contracted costs. The Library, Schoolhouse Museum, and Ezell Hestar have experienced tremendous success in working with the new company of VGI, Inc. Staff's memorandum dated January 10, 2002 (copy attached) for recommending the bid award stipulates the decision to award VGI, Inc. is based on cost and reliable services, which have been provided. CITY OF BOYNTON BEACH FINANCIAL SERVICES PROCUREMENT SERVICES DIVISION February 1, 2002 MEMORANDUM TO: THRU: FROM: Wilfred Hawkins ASSistant City Manager Diane Reese, Director ~ Department of Financial Services Bill U. Atkin~,/~puty Director/Purchasing Agent Department of Financial Services SUBJECT: Re-Bid Annual Contract for Secudty Officer Service for Three City of E~oynton Beach Locations, Bid#023-2710-02/CJD A little history about the security guard bid will help explain the need to have a re-bid. The original securi~j guard bid~ was awarded by Commission on May 15, 2001 to Safeguard Group Holdings LTD located in West Palm Beach. The bid provided for unarmed security guard service at Ezell Hester, and _armed security guard service at the Library and Schoolhouse Museum. The pdces provided in the bid were $10.50 for both armed and unarmed security guards. Subsequent to this .bid award Safeguard Group Holdings LTD affiliated with VGI Incorporated. The new administration are representatives from VGI Incorporated. They reviewed the contract and notice the pricing was not in line for the cost of an armed guard. Basically, the company was paying the armed guard $10.00 per hour and making $10.50 per h~our from the contract. VGI send a letter to the City indicating they could not continue the same rate of service for the armed guard. VGI did give the option of providing an unarmed guard at the Library and Schoolhouse Museum at the prevailing rate of $1;0.50. The company had no problem with the rate of pay for an unarmed guard. Also, it should be mentioned that our bid documents stipulate: "this bid invitation and the monies which may become due hereunder are not assignable except with the prior wdtten approval of the City". Based on the fact the companies affiliated, a rate increase was being request for armed security guards, and the non-assignable provision in the bid documents Procurement Services recommended that the security guard service go out for re-bid. VGI Incorporated would be given consideration in the re-bid process. Wilfred Hawkins February 1, 2002 Page 2 There was a mutual concern between the City and VGI Incorporated to not disrupt the program while the City did the re-bid. A meeting was held at the Library with representatives from VGI Incorporated, Procurement Services, Ezell Hester, Schoolhouse Museum, and the Library. The main concern as expressed by Virginia Farace and A.D. Henehan was the current armed security guard provided by VGI Incorporated was doing an excellent job and they would not want to lose his services. He has a good working relationship with the Library staff, and the students have dentified to h m and a~cepted his VGI rovide continual uninterrupted service at the On Apdl 17 2002 Procurement Services opened the re.bid for the security guard services. There were nine (9) bids received a~ tabulated below: Public Libra~and Vendor Ezell Hester- Schoolhouse Unarmed Museum- Atoned Total Contract Cost 40 hrs week 26 hrs. week Frank/Security Services of America $ 12.00 $12.00 $41,184 Morehead City, N.C. Ultimate Security & Investigation, Inc. $ 12.00 $16.00 $ 46,592 West Palm Beach, FL VGI Incorporated West Palm Beach, FL $10.50 $15.00 $ 42,120 Alanis, Inc. Miami, FL $15.85 $15.85 $ 54,397 A.P.B, Security Coral Springs, FL $11.50 $13.95 $ 42,780 Art Hall Protection Service, Inc. Miami, FL $12.53 $15.95 $ 47,627 CHI-ADA Corporation M ami, FL $12.38 $12.75 $ 42,988 Fox Group International Miami, FL $17.00 $17.00 $ 58,344 Kemp Secudty & Investigative Service $11.53 $14.11 $ 43,059 Miami, FL As tabulated above VGI Incorporated was the second lowest bid for the secudty guard services based on the total,, contracted costs. The Library, Schoolhouse Museum, and Ezell Hester have experience tremendous success in working with the new company of VGI Incorporated. Their memorandum dated January 10, 2002 (copy attached) for recommending the bid award stipulates the decision to award VGI Incorporated is based on cost and reliable services which have been provided. Consideration was given to local companies in ~the evaluation process since past experience with a security Wilfred Hawkins February 1, 2002 Page 3 guard company outside the local area created some problems in recruiting guards to meet our City's needs, The Commission Agenda item has been prepared by Procurement Services Division for the February 5, 2002 agenda to recommend VGI Incorporated be awarded the "Re-Bid Annual Contract for Security Officer Service for Ezell Hester, the Public Library, and the Schoolhouse Museum, Bid#023-2710-02/CJD". If any additional information is needed please contact me. SECSVCS/BMA Attachment MEMORANDUM 02-03 TO: FROM: VIA: DATE: SUBJECT: Carol Doppler, Procurement Services Mary L. DeGraffenreidt. Recreation Manager A.D. Henehan, Assistant Library Director Wally Majors. Recreation Director Virginia Farace. Library Director January 10, 2002 Security Guard Contract Bid Upon reviewing the contracts for security services for the Ezell Hester Community Center, Public Library and SchOOlhouse Museum, we recommend V.G.I. Secudty I nc. as the contracted vendor. The decision was based upon the cost and reliable services we have received this past fiscal year. We have had a negative experience in the past with security companies outside of our local area due to their difficulty in recruiting guards to meet our needs. Therefore, we've found it more convenient to work with a local vendor due to their ability to deal with issues and concerns in a consistent and timely manner. We further,request for V.G.I. Security Inc. to be paid from the following accounts: · Ezell Hester Community Center - 001-2710-49-17 (20,358.00) · Public Library/Schoolhouse Museum-001-2610-571-49-17 (24.000) Additional monies are included in the budgeted amounts to cover special events at each site. Thank you for your consideration. Prainito, Janet From: Hawkins, Wilfred Sent: Thursday, January 31, 2002 5:41 PM To: Atkins, Bill Cc: Costello. Joyce; Prainito, Janet Subject: VGI Security Bid Award: FEB. 5 Agenda Item Importance: High Need you to send me a memorandum on Why we are awarding this bid to the same company that wanted to raise their price mid-contract term at the Library. I understand we hae to re-bid but need an explanation for the Commission on the reason for re-bid and why the award to this firm at the arm guard price they originally wanted. In other words, do a written analysis of the overall bid results to further justify the award. Need this memorandum by noon Friday, Feb. 1. Question came up at the pre-agenda conference. Thanks. Wilfred P~¢quested City Congnission Meefin~ Dates [] November 20. 2001 [] December 4. 200 t [] December 18. 2001 [] January 2, 2002 CITY OF BOYNTON'BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned m to City Clerk's Office November 7, 2001 (5:00 p.m.) Novernber 2 L 2001 5:00 p.m.) December 5,200I (5:00 p.m.) Decembe~ 19, 2001 5:00 p.m.) Requested City Commission MeelXne Dates [] January 15. 2002 [] February 5. 2002 [] February t9, 2002 [] MarchS. 2002 VII.-CONSENT AGENDA ITEM B.3 ~te Final Fora Must be Turned in to Ciw Clgk's Office Januaw 3, 2002 (5:00 p.m./ lanu~ I6, 2002 (5:00 p.m.) Febm~ ~ 2002 ~5:00 p.~) Febm~ 20, 2002 (5:00 NATURE OF AGENDA ITEM [] Adm/nistrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] :Bids [] Unf'mished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: A motion to award "RE-BID ANNUAL CONTRACT FOR SECURITY OFFICER SERVICES FOR THE EZELL HESTER COMMUNITY CENTER, THE LIBRARY AND THE SCHOOLHOUSE MUSEUM" BID#023-2710-02/CJD to V.G.I. SECURITY, INC., in the amount of: $44,358;00. CONTRACT PERIOD: FEBRUARY 6, 2002 TO FEBRUARY 5, 2003 EXPLANATION: On December 2:1, 2002, Procurement Services received and opened nine (9) proposals for the Security Guard Services at the diffekent locations. After review and meeting with V.G.L Security, Inc., the decision as based upon the cost and rehable'$erwces we have received this past fiscal year from V.G.L We have found it more convenient to work with a local vendor due to their ability to provide timely service along with being able to deal with issues and concerns in a consistent manner. Mary DeGraffenreidt, Recreation Manager and A.D. Henchan, concur with this recommendafioh (~ee attached memo #02-03). The provisions of this bid award will allow for a one (1) year extension at the same terms, conditions, and prices subject to vendor acceptance, satisfactory performance and determination that the renewal is in the best interest of the City. PROGRAM IMPACT: The purpos~ of this bid is to obtain Security Guard Services to provide security on a yearly basis to patrol Ezell Hester Jr. Community Center, the Library, and the Schoolhouse Museum. FISCAL IMPACT: BUDGET ACCT. NAMlg: ACCOUNT# EXPENDITURE: RECREATION ' OTHER Co1vrRACTUAL SVCES. 001-2710-572-49:17 $20,358.00 LIBRARY O~R CONTRACTUAL SVCES. 001-2610-571-4~17~ $24,000.00 IA,// Depar~nent He-ad s Signatu/~ ~"~'~ C~ty Manager's Signature Procurement Services Department Name S:\BULLETINkFORMSXAGENDA ITEM REQUEST FORM.DOC C: Mar3 DeGraffenreidt- Recreation Manager A.D. Henehan - ASSiStant Library Director File City Attome~ Human Resources ~ "~ CZ~ ~ ~o' ~OZ ~ z Z 0 o ~m m~O Z Z z m C 0 ~ ~ O~H 0 0 0 ~ m z mo ~ 0 ~ z . m ~ m o o ~ ~ ~ O0 o 0 Z Z Z '~ 7-, Z 0 m 0 0 z 0 0 0 ~ rn 0 z ozz .> ~ ~-u m 0 O0 ~ cG CC mN :~ .~z ..4 d) mm a~ c~Ca zm z ~ ~ > 0 0 ~ x~ x~ O~ ~C m 0 m m m m z ~00 om 217 m m m m Z~ m o 0 ltl MEMORANDUM 02-03 TO: FROM: VIA: DATE: SUBJECT: Carol Doppler, Procurement Services Mary L. DeGraffenreidt. Recreation Manager A.D. Henehan, Assistant Library Director Wally Majors, Recreation Director Virginia Farace, Library Director January 10, 2002 Security .Guard Contract Bid Upon rev awing the contracts for security services for the Ezell Hester Community Center, Pdblic Library and Schoblhouse Museum, we recommend V.G.I. Security Inc. as the contracted vendor. The decision was based upon the cost and reliable services we have received this past fiscal year. We have had a negative experience in the past with security companies Outside of our~local area due to their difficulty in recrUiting guards to meet our needs. Therefore, we've found it more convenient to work with a local vendor due to their ability to deal With issues and concerns in a consistent and timely manner. We further request for V.G.I. Security Inc. to be paid from the following accounts: · Ezell Hester Community Center - 001-2710.49-17 (20,358.00) · Public Library/Schoolhouse Museum-001-2610-571-49-17 (24,000) Additional monies are included in the budgeted amounts to cover special events at each site. Thank you for your consideration. INCORPORATED Phone (561) 641-37~5 Fax (5611 641-8105 2112 SOUTH CONGRESS AVE.. SUITE 201 · WEST PALM BEACH, FL 33406 PROPOSAL Proposal submitted to: Carol Doppler CITY OF BOYNTON BEACH By: DAVID POMERANCE We hereby submit specifications and costs for: Unarmed Uniformed (client will specify) Security Officer. Scheduled Hours: Open (Provided by'client 48' hours in advance) This proposal is valid for 30 days from thedate stated above Authorized Signature (VG!):% ~ Date: i ~, ~ jo l Table of Contents Company Qualifications Uniformed. Security Officer Overview 2. Management& Supervision 3. Security Officer Performance Standards 4. Activity Log Holidays III. Officer Requirements for CITY OF BOYNTON BEACH -Background checks -Interview specs .Officer minimum standards -Training IV. Uniforms & Appearance & Insurance V. Site Specific Instructions for CITY OF BOYNTON BEACH VI. VGI Incorporated Management Structure VII. Certifirate of Insurance's VIII. Cost IX. Drug P§licy Company Qualifications VGI Incorporated has been in business for over thirty years. We have offices in New York, New Jersey, Pennsylvania, Maryland, ~nd Florida. We are fully licensed and Comply with all law. s of ea~ch ~tate~inWhich~we i~io business. Our officers are completely and professionaliytrained beyond any State requirements or laws. VGI Incorporated has experience in all aspects Throughout Our thirty years, we have provided security also able to provide our clients with~ for are needed :lients o their Management: Unlike the nationwide firms, we are'nOt burdehed with three layers pass~dalongm~ ~ onrclients' in our ~ careers in business, law your eyour II. VGI UNIFORMED SECURITY OFFICER SERVICE Proposal Overview 1) Selective recruitment and screcuingofSecurity officers provided: a) AH Security officers are~ f'mgerprinted and fmgerprints are forwarded to the appr.opriate'state authorities as required by each ~tate's laws. All Security Officers ar~ photograph~e~..~ A Photograp. h is kept on permanent f'de at VGI offices. In addition, all Security officers are issued tamper proof Polaroid fused ID cards. Security officers are required to p°s~es tl~eir photo job J 2) Professional management and ~su~pervisi~n:oflSecuri~y ofce~ a) The VGI dispatch office is fully operational 24 hours per day, 7 days per wcck~ 365 da*~s ~ea~ ': · per h) Week,. c) VG! Field a~y emergency at any personally visit all client lOCations where Security officers are,assigned ona Weekly basis as well as unscheduled inspections on a regular basis. d) In the event the VGI Field Supervisor considers the assigned Security officer deficient in aPpearance or performance the ass~tgned Security officer is instracted to report to the VGI office and the Supervisor stands the post until a satisfactory replacement (Security officer) is dispatched to the clients prem~es. Perform~nce standards enforced~for Security officers. 3) The client may request that any Security officer assigned to clients premises be replaced at anytime for any reason and VGI shall immediately provide a replacement Security officer for the client. Security officers are required to maintain a strict military appearance. ti133es. b) 4) A a) III. Officer Requirements for CITY OF BOYNTON BEACH Full background verified in writing. VGI Incorporated will conduct pre- employment background investigations of all employees assigned to CITY OF BOYNTON BEACH will obtain all specific data to the extentpermitted by the Equal Employment act, the Civil Rights Act of 1964 and applicable state and federal privacy~statutes. -Criminal history: A full background check with police authorities to determine any criminal history. letter anda phone call to all personal re~erences is v~rified. ~ ~ to be a professional and evaluate the applicants des~ire to learn new the interview and overall Each security 0~r~:assigned~to CITY OF BOYNTON BEACH will meet the the ability -No ethic. demonstrate the ability to read, write regulations. with employ~ees and the public in a in person. and cleanliness. TRAINING GI .Incorporated has it s own trmnmg procedures as well as the State of Florida reqmred 40 hour plus training as Set f~rth below. 1. Classroom ~ai~ng: -Written information:The laws and 'procedures for security officers in the ~to post assignment. po~cies, Code of conduct, question and Skills: Information disasters. 2. On Site ~Training:. An ~ their be or ~ IV. Uniforms and Appearance Security officer services are a proactive entity not reactive. Therefore the uniform is of the utmost importance. A well uniformed security officer is the best deterrence to any type or, aberrant behavior toward~ the clienCs premises. In addition, the uniform is an aid in advancing the security officer's self esteem. There are a number of different types of uniforms. The best way Fo describe the types of uniforms are top!ace them:mto two categ0ries; military, and soft look~ If you desire to design,your own uniform that you feel is the exact image of CITY OF BOYNTON BEACH, we will be glad to work with you in such an endeavor. Uniform Militar~ SOfle Hat - n Shirt - Dark Trousers - Black Leather Belt - Black Shoes. Security: Patch Soft Look St~le Dark Blaz~r-White Dress Shirt - Lapel Security Patch - Dark Tie - Up-Graded guard .-White Shirt Appearance Security officers are to maintain a strict military appearance. All fac~l hair is restricted to a well manicured mustache and sideburns. Beards are not acceptable unless,specifically OK;d by clients request. Shoes are to bepolished;and the uniform whether military or soft must be clean and pressed. The secmTi. 'ty officer~is a representation of the client and VGI Incorporated. Site Specific Instructions for CITY OF BOYNTON BEACH flour proposal is accepted a full site procedures manual will be:generated. All securiW officers assigned~to CITY OF BOYNTON~EACH williread~and sign off on the manual. Each. officer will be issu.ec~, a manual and will be expect.ed to have it with him/her during their shift. Contained in the manual will be a list of contact persons, fire procedures and fire alarm instructions if required~ instructions on the security system and all site procedures and training instructions. We realize that any officer assigned to CITY OF BOYNTON BEACH must be cordial and polite. The security Officers are a reflection of CITY OF BOYNTON BEACH and of VGI Incorporated. - Vii VGI Incorporated Management Structure VGI Incorporated District office is located at 2112 S. Congress Ave. Suite 201, West Palm Beach, FI. 33406. AH decisions are done and made from this office. The and final approval. CITY of the individuals who days per week~ ~umbers BEACH m.y~ou 24 hburs aday 7 the individual who is i CI~TY OD s duties include of of all security officers for the district material Ail ~'des and for absent officers~ District Office Field Supervisors (FS): The Field Supervisors will be the daily contact person for CITY OF BOYNTON BEACH. Each district office has a number of Field Supervisors who are assigned to specific sites. The Field Supervisors responsibilities include: -Daily visits to assigned sites. -Site ensure the ~pecifieafions. ~ out ' to c~ent. VII. Insurance's General: Clients acknowledge that VGI is not an insurer. The amounts payable to VGI under our agreements are based on the value of the services rendered and are to the value premises. are r is, or their be as the ;due toa VIII. COST In order to provide CITY OF BOYNTON BEACH with the lowest price possible yet maintain the highest quality available many issues of security service are taken into account. These issues are listed below: 1. Low turnover - Security companies are notorious for a high turnover rate. VGI Incorporated tries to keep the turnover to the absolute minimum. The way we do this is by paying the security guards the high?bt wage possible for each individual site. This keeps our profit margin lower than most security guard companies but we maintain our client base and therefore our profitability is much greater in the long run. 2. Training: The cost of training is a basic cost of doing business. A · officers themselves tolaw suits, high turnovers, weak service Incorporated incurs a ~ but this is another "Burnout" officers are given the If "grand fathering" r this unless 4. ~ included in the the uniform The hourly cost as well as e and mil the above aspects BILLING RATES FOR CITY OF BOYNTONBEACH EZELL HFSTER COMMUNITY CENTER $10.50 per hour THE SCHOOLHOUSE MUSEUM $10.50 per hour BOYNTON BEACH LIBRARY $15.00 per hour HOLIDAY/OVERTIME $15.75 per hour HOLIDAY/OVERTIME $15.75 per hour HOLIDAY/OVERTIME $22.50 per hour CLIENT ~FE~NCES FL33410 Con(actPerson- Adam Padowitz 561-746-5857 Drug Abuse Policy Statement VGI Incorporated is committed to providing a safe work environment and fastening the well-being and health of its employees. That commitment is jeopardized when any VGI Incorporated employee illegally uses drugs on the job, comes to work under the influence, or possesses, distributes or sells drugs in the workplace. Therefore, VGI Incorporated has established the following policy. 1. It is a violation of company policy for any employee to possess, sell, trade, or offer for sale illegal drugs or otherwise engage in the illegal use of drugs on the job. 2. It is a violation of company policy for anyone to report to work under the influence of illegal drugs. 3. It isa violation of companypolicy for anyone to use pr.e~c~ ription drugs illegally. (HOWever, nothing in thik policy precludes the appropriate use of legally prescribed medication.) 4. Violations of this policy are subject to disciplinary action up to and including termination. 5. Drugtesfing may be performed for the following reasons: Job Applicant Reasonable Suspicion Random and Follow-up Post Accident It is the responsibility of the company's supervisors to counsel employees whenever they sec changes in performance or behavior that suggest an employee has a drug problem. Although it is not the supervisor's job to diagnose personal problems, the supervisor should encourage such employees to seck help and advise them about available resources for getting help. Everyone share responsibility for maintaining a safe work environment and co-workers should encourage anyone who may have a drug problem to seek help. The goal of this policy is to balance our respect for individuals with necd to maintain a safe, productive and drug-frec environment. The intent of this policy is to offer a helping hand to those who need it, while sending a clear message that the illegal use of drugs is incompatible with employment at VGI Incorporated. Requested City Corcamss~on Meeting Dates [] November20. 2001 [] December 4.2001 [] Decembe~ 18. 2001 [] January 2. 2002 VII.-CONSENT AGENDA ITEbl C.1 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FOl v Date Final Form Must be Tttmed in to City Clerk's Office: November 7. 2001 (5:00 p.m.) November 2l. 2001 (5:00 p.m.) Dac~mber 5, 2001 (5:00 p.m.) December i9. 2001 (5:00 p.m.) Requested City corrmuSsion Meeting 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 Janua~ 3, 2002 (5:00 p.m.i 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 RECOMMENDATION: [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report Approve a resolution for the release of surety funds for Quantum Business Park, Itasca Construction Associate .s~. nc.,~ ~m. Excavation & Fill Permit 99-1267. in the amount of $8,600. ,,~n -- r'q EXPLANATION: Please reference the attached Engineering Memorandum, No. 02-003. recommending release based on completion of work. PROGRAM IMPACT: N/A FISCAL I1VIPACT: N/A ALTERNATIVES: N/A Quintus Gree~ Direc~o-r of Dev~lopmant Department of Development Deparunent Name City Manager's Signature City Artomey / Finance / Human Resources S:' Dexelopment AdministrutiomCC Agenda Items,Quantum Bus Park Surety Release 2-5-02.doc RESOLUTION NO. R02- A RESOLUTION OF THE CITY CO,MMISSION OF THE CITY OF BOYNTON BEACH. FLOP, DA, AUTHORIZING A FULL RELEASE OF CASH SURETY tPERMIT NO. 99- 1267), IN THE AMOUNT OF $8,600.00, FOR THE PROJECT.,KNO:.X, VN AS QUANTLT~ BUSINESS.PARK, AND PROVIDING FOR AN EFFECT~IVEDATE. WHEREAS, the developer for the project known as Quamum Business Park, ~reviousty posted a cash surety in the amount of $8~600.00 for the excavation and fill work; md WHEREAS, the Development Department of the City of Boymon Beach is satisfied with the completion of the Work. NOW. THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. - The City Cormmission of the City of Boymon Beach, Florida, upon. the recommendation of staff, hereby approves the release of the cash surety in the amount of $8,600.00, to Itasca Construction Associates, Inc. Section 2. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of February, 2002. CITY OF BOYNTON BEACH, FLORDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk s:ca~Reso\Letter of Credit/Cash Surety Release - Itasca Constmctio~ TO: FROM: DATE: RE: DEPARTMENT OF ENGINEERING MEMORANDUM NO. 02-003 Quintus Greene Director of Development Laurinda Logan, P.E. Civil Engineer Engineering Depart~nt lanuary 3, 2002 Request for Release of Cash Surety QUANTUM BUSINESS PARK Cash Surety for Excavation & Fill Permit No. 99-1267 The Developer, Itasca Construction Associates, Inc, has submitted a request for release of surety funds for the above referenced project This Department recommends release of the surety of $8,600.00 (Eighty-six Hundred Dollars) for this project. If you have any questions regarding this matter, please contact myself at x6482, or Dave Kelley, P.E., Utility Engineer; x6488. LL/ck Xc: Jeffrey Livergood, P.E., Director, Public Works Dave Kelley, P.E., Utility Engineer, Engineering Department Frantz LaFontant, Engineering Inspector, Engineering Deparmaent File C:Wly Documents\Quantum Business Park Release of Cash Surety for Ex. & Fill.doc Itasca Construction Associates, Inc. December 31.2001 Ci~ of Bo~aaton Beach Development Department, Engineering Division 100 E. Bo.~aton Beach Blvd. B~aaton Beach- FL 33425-0310 Att. n: Laurianda Logan Re: Quantum Business park/Phases A&B Dear Laurianda: Per our telephone conversation, I am submitting this letter to you as a formal request to have our cash sureR' bond of $8,600.00 refunded to Itasca Construction Associates. Two separate, arrachments are provided, one for Buildings I and II (Phase A) and one for Buildings m ~nd IV (Phase B). cover letter that accompamecl tlae ctaecK to tlae LIp/' anu cop~ m m~ F II. The Phase B part contzdns a copy of the Engineer of Record's letter requesting that the Surer' Bond be apphed to Phase B work and copies of the pernuts for Buildings III and IV. Please let me know at your earhest convenience if there is anything else you may require in order to expedite our request. Sincerely, ITASCA CONSTRUCTION ASSOCIATES. INC. Mkke Albee Project Manager ]V[2~ss Enclosures CC: Randy Bieber. Vice President ~i ~20 Congress ~e., Suite g19~ - Soca Ramn. FL 33487 * 561/241-4999 · F~ 561/24] -7967 TO: DEPARTMENT OF DEVELOPMENT MEMORANDUM ENG 99-044 Diane Reese, Finance Director THRU: FROM: Nancy Byme, Acting Director of Development,~ Sebastian Puda, Engineering Inspector..~f DATE: March 26, 1999 GATEWAY ~ QUANTUM BUSINESS PARK- PERMIT g99-I267 RESTORATION SURETY FOR EXCAVATION & FILL PROJECT Attached please find Check ~4910 issued by NationsBank in the mount of $8,600.00 remitted by Itasca Construction Associates, Inc. This check represents surety for restoration, ifneeded, in connection with the above referenced excavation and fill work. It is to be returned upon satisfactory performance and-final site inspection. Please deposit in account # 001-0000-220-99-00. SJP/ck Xe: Permit File 4910 63-27/631843 $18. oo.o0 PAY_ Eight Thousand, Six Hundred and 00/100 City of Boyn~n Beach TO THE ORDER OF "'00 h q C:\My Document~\Gat~way (~ Quantum Busin¢~ Pk.. Surety for Ex. & Fill Pwject. doe Requested City Commission Meetln~ Dates [] Novernber 20. 2001 [] December 4. 2001 [] December 18, 2001 [] January 2, 2002 VII.-CONSENT AGENDA ITEM C.2. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Forts Must be Turned in to City Clerk's Office November 7, 2001 (5:00 p.m.) November 2L 2001 (5:00p.m.) December 5, 2~01 (5:00 p.m.) Decm~aber 19, 200l (5:00 p.m.) Requested City Commission Meeting Dates [] January 15. 2002 [] Febmary 5, 2002 [] Februmy 19, 2002 '~ March 5, 2002 Date Final Form Must be Tumed in to City Clerk's Office January 3, 2002 (5:00 p.m.) January 16, 2002 (5:00 p.m.) Februaxy 6, 2002 (5:00 p.m.) February 20, 2002 (5:00 p.m.) NATURE OF AGENDA ITEM RECOMMENDATION: [] Administrative [] Development Plans [] Consent Agenoa [] New Business [] Public Hearing [~ Legal ~ [] Bids [] Umfinishad Business [] Announcement [] Presentation [] City Manager's Report To release cash bond of $770.00 to Advanced Coam~ercial Contractors, Inc. EXPLANATION: On December 14. 2001. the Building Division sent to the Fin,ncc Department a cash bond of $770.00 for the completion of the permitted work at Impressions Plus I801 North Congress Avenue). The work has been completed and the Ce~dficate of Completion has been issued. PROGRAM IMPACT: None FISCAL IMPACT: None ALTERNATIVES: None Development Deparunem: Department Name City Manager's Signature ity ~el~l'ncy / Finance / Human Resources S:~BULLET1NZFO RM S~AGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R02- A RESOLUTION OF .THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH. FLORIDA, AUTHORIZING A FULL RELEASE OF CASH BOND, IN THE AMOUNT OF $770.00, FOR THE PROJECT KNOWN AS IMPRESSION PLUS, AND PROVIDING P:O~ ~ECTIVE DATE. WHEREAS. the developer for the project known as Impressions Plus, previously posted a cash bond in the amount of $770.00 for the completion of work at Impression Plus: and WHEREAS, the Bmlding Department of the C~ty of Boynton Beach Is satmfied ah the completion of the wOrkk and ~ Ceitfficate.of Comptetioate as been issued. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF Section :-l . . The City Commission.of the City of B0ynton Beach, Florida, upon the 'ecommendation~ of,staff, hereby approves the release of the cash'bond in the amount of ;770.00 to Advanced Commercial Contractors, Inc. Section 2. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of February, 2002. CITY OF BOYNTON BEACH. FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner kTTEST: City Clerk s:cff~Reso\Letter of Credit/Cash Bond- Advanced Commefical Advanced Commercial , Contractors, Inc. 2766E~g~A~E~is, FL 32~6 ~e3~589. t2~, F~x 352.589.040~mail ~oll~ol.~ Li~ ~0-C~3~9, S~ 1973 January 4, 2002 CRy of Boynton Beach At'tn: Don $ohn.qon, Building Official 100 E. Boyaton Beach Boulevard Boyntongeaeh, FL 334:25~03 l0 Re: Permit # 01-3820 Regarding th~ abov~-melltion~d ~ numly~r, we ar~ requesting that the check in the amount of $770.00 be refunded to us. This was a cashier's check made out to the City of Boynton Beach for permiRing services. The check m,mher is 2238003. Tlg address for tkis permit .,,mi-er is as follows: g01 N. Congress Avenue, Space #459 Boymon Beach, FL 33426 Th~ r~me of the job is "Impressions Plus." This job bas passed all of its ~pectiom, and we have received a Certificate of Completiom Please proceed with the refunding process a~ soon as possible. Should you have any questions regarding this matter, please do not hesitate to contact us at ~he above-mentioned number. Thank you for youx Sincerely, President WI-I/clh We mean business... Yours ! DEPARTMENT OF DEVELOPMENT BUILDING DIVISION MEMORANDUM NO. 01-274 TO: FROM: DATE: SUBJECT: Diane Reese, Finance Director Don Johnson. Building Officia~//,j"~ December 14, 200I CASI-I BOND - IMPRESSIONS' PLUS - 801 NORTH CONGRESS AVE., STE # 459 Attached is a cheek for $770.00 from Advanced Commercial Contractors~,~c Impressions Plus and is to be held until all outstanding issues of the/r.temporary certificat6 ~f 0c~Upancy are completed. This should occur within 30 days. Upon completion of the deficiencies of the permit and the issuance of the final Certificate ,of O*¢upancy, the surety will be returned. DJ:rs Attachments/letter from Timothy C. Frech & check XC: Timothy K. Large, Building Code Administrator Permit File # 01-3820 S:~DevelopmentkBuilding DivkDocumentskMemos in Word\Cash Bond - Impressions Plus.doc Requested City Commission MeetSna Dates [] November 20, 2001 [] December 4. 2001 [] December 18. 2001 [] January 2, 2002 VII.-CONSENT AGENDA ITEM C.3 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FOR w Date Final Form Must be Turned in to City Clerk's Office November 7. 2001 15:00 p.m.) November21, 200t /5:00p.m.) December 5. 2001 (5:00 p.m.) December I9, 2001 (5:00 p.m.i Requested City Commission Meefin~ Dates January I5. 2002 [] Febr0ary 5. 2002 [] February 19, 2002 [] March 5, 2002 Date Final Form Must be Turned in to Ci[~ 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 February 20, 2002 (5:00 p.r~) NATURE OF AGENDA ITEM [--] Administrative --] Development Plans ~ Consent Agenda '-] New Business [] Public Hearing --] Legal [] Bids [] Unfinished Business [] Amaouncement [] Presentation [] City Manager's Report RECOMMENDATION: Authorize Mayor to execute the Palm Beach County Recreation Assistance Program Funding Agreement for the Chenanlah Praise Dancer's Trip to Washington, D.C. June 22-24. 2001. EXPLANATION: In lane of 2001 Comm/ssioner Addle Greene requested that the City of Boymon Beach fund the Chenaniah Praise Dancer's Trip m Washingron, D.C. m an amount up m $2,500. Commissioner Greene would in mm reimburse the City for expenses paid for the dancers. In order for the City to receive the reimbursement we must enter into an agreement with Palm Beach County. That agreement is at[ached. PROGRAM IMPACT: None. the event took place the end o£ June 2001. FISCAL IMPACT: Unless we enter into this agreement, the City will not be reimbursed for the funding. ALTERNATIVES: None t/ Depamnent l~ead's Signature Depamnem Name Ci~ Manager's Signature ~ City~t~ttoh~ey Finance / Human Resources S:~BULLETIN~FORMS~AGENDA ITEM REQUEST FORM.DOC Palm Beach County Board of County Commissioners Warren H. Newel Chearma~ carol A. Roberts. Vice Chair Karen T Marcus Mary McCarty Burr Aaronson Tony Masilorti Addie L. Greene January2, 2002 Mr. Wilfred Hawkins Ass stant Cty Manager C ty Qf Boynton Beach P.O. Box 310 Boynton Beach, Ft. 33425 RE: PALM BEACH COUNTY RECREATION ASSISTANCE PROGRAM FUNDING AGREEMENT - CHENANIAH PRAISE DANCER'S TRIP TO WASHINGTON, D.C. Dear Mr. Hawkins: Attached for execution on behalf of the City of Boynton Beach are two originals of an Agreement for {unding in an amount up to $2,500 to reimburse tne City for expenses paid for the Chenaniah Praise Dancer's trip to Washington, D.C. to participate in African American Gosoe~ Showcase. as described in Exhibit A of the Agreement. Expenses eligible for reimbursement include the entry fee~ hotel accommodations, and airline expenses The Agreement has been written to allow for the reimbursement of eligible expenses subsequent to June 1, 2bO1:., since the trip has already been completed. P ease return both complete originals of the Agreement to me after execution by Boynton Beach, and I w II place them on the eadiest pc~ssibie agenda for approval by tl~e Board of County Commissioners. The financial forms (Exhibit B) should not be completed until after the Agreement has been approved by the County. When we have returned the fully executed Agreement to the City, you should then complete pages 1 ane 2 of Exhibit B, and attach copies of the invoices for eligible exoenses and copies of the check(s) that correspond to each invoice. If you have any questions on the Agreemen% please call Susan Yinger, Contract/Grant Coordinator, at966-6653. On behalf of Commissioner Addie L. Greene, we are pleased to De able to assist the City of Boynton Beach by reimbursing for expenses paid on behalf of the Chenaniah Praise Dancers. Dennis ~_. Eshleman, Director Parks a~d Recreation Department DLE:SWY Attachment Copy to: Commissioner Addie L. Greene - Attention: Gladys Whigham Bill Wilsher Mike Martz RESOLUTION NO. R 02 A RESOLUTION OF THE CIT~ COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND PALM BEACH COUNTY. FLORIDA. PROVIDING FOR FUNDING OF THE CHENANIAH PRAISE DANCERS' TRIP TO WASHINGTON, D.C.; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Boynton Beach sponsored the Chenaniah Praise Dancers trip to ~Vashington. D.C., to represent Boymon Beach au the African American Gospel ghowcase from June 22 through June 24, 2001; and WHEREAS, this Agreement defines the terms and conditions for the City m )btain reimbursement funding from Palm Beach County in an amount not to exceed $2,500 from the County toward the costs associated with this trip; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The Mayor and City Clerk are hereby authorized to execute an Agreement between the City of Boynton Beach and Palm Beach County, which Agreement is attached hereto as Exhibit "A". Section 2. That this Resolution shall become effective immediately upon >assage. PASSED AND ADOPTED this day o£Febmary, 2002. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice ~ayor Corfani§sioner Commissioner Commissioner ATTEST: City Clerk (Corporate Seal) RESOLUTION EXHIBIT "A" AGREEMENT BETWEEN PALM BEACH COUNTY AND THE CITY OF BOYN'rON BEACH FOR FUNDING OF THE CHENANIAH PRAISE DANCERS' TRIP TO WASHINGTON, D.C. THIS AGREEMENT is made and entered into on __ Dy aha between Palm Beach County. a oolitic, al suodivision of the State of Florida. hereinafter referred to as ~County", and the CityofBoyntonBeact" aFIoridaMuniczoalCorooration hereinafterreferredtoas"BoyntonBeach". WITNESSETH: WHEREAS, Boynton Beach soonsored the Chenaniah Praise Dancers tho to Washing[on D.C. to represent Boynton Beach at the African American Gosoet Showcase from June 22 through June 24, 2001; WHEREAS, in addition to the live performance at the African Amedcan Gosoel Showcase [ne program was aired Internationally; and WHEREAS. Boynton Beach has requested from County an amount not to exceed $2.500 for travel expenses to include the concert entry fee. hotel accommodations, aidine fares, and'other miscellaneous exoenses associated with the Chenaniah Praise Dancers trip to Washington. D.C. to oarticipam in the African American GasDel Showcase: and WHEREAS, County (3eslres [o orovide funding to the City of Boyn[on Beach for the Chenaman Praise Dancers [dp to Washington, D,C. '~ an amount not to exceed $2.500: ano WHEREAS, funding for said trip expenses in an amount not to exceed $2.500 is available from District 7 RecreationAssistance Program reserves: and WHEREAS, Boynton Beach's soonsorahip of groups participating in cultural programs is deemed to serve a public purpose; and WHEREAS. both parties desire to enter into this Agreement, NOW THEREFORE; in consideration of the covenants and promises contained herein, the parties hereby agree to the following terms ano conditions: 1. County agrees to funa an amount not to exceed $2,500 to Boynton Beach to assist in the cost of the Chenaniah Praise Dancers' tho [o Washington, D.C. to participate in the Afdcan Amedcan Gospel Showcase which took olace from June 22 through June 24. 2001. to include the concert entry fee. hotel accommodations, aidine fares, and other miscellaneous exaenses associated with the Chenaniah Praise Dancers's travel expenses for the tho to Washington, D.C. [o participate in the Afd6an, American Gospel Showcase, as described more fully in Exhibit "A". nerainaffer referred to as,the "Program". 2. County w~ use us I~est effe~s to orowae sa~e funds to Boynton Beach on a re,mnursemen~ oasis w~th n forty-five (45) d~ys of receipt of the following ~nformation: a. A written statement that the Program nas oeen comolete0; ana .~ o. A Contract Payment Reouest Form anc a Comractua~ Serwces Purchases Schedule Fo~. a~achea hereto one maaea aa~nereof as Exhibit"B". which are reau~red for each aha e~e~ re~moursemem tuque,tea oythe Boynton B~cn. Said information shall list each invoice paid ~y Boynton Beach an~ ,ball ~ct,~ me venQor [~vol~e number; invoice ~a,e: ane me amount DalQ O~ Boynto~ B~ch along with ~he number ano ~amof the respective check for said ~aymen[. Boyn~n Beach shall ~. ~,ce.py Ct each v~der invoice pa~d by Boynton Bea~ aiong wltn a copy o[ the res~ctNe che~ and ~all,make ~eference thereo[ to the aoDlicable item ii,ted on me Contra~ual ~ices Pu~hases S~eeule. FuAhe¢, ~0Yn~n Bea~'s Proje~ Financiat O~cer sba ceAi~ the total furies spent by B~nton Beach'on the Pr~ram anQ shall also ce~ mat eacn veneer i~o~ce as listed on ~e Contractual S~ices Pur~e Schedute was Paid Dy B~n[on Be~ch. ane approved by Boynton Beach ~ indicted. c. Planning a~'ex"enses for ~eprogram were ,nma,eo ~y Boymon Beach on June I 200t, ~ose cos~ incu~ed by BOynmn Beach for the Program and appmveo and submi~ accordingly by Boynton Beach sabsequent to the date of said Program nitiation are eligible ~or reimbursement by Coun~ pumuant to the ~e~s an~ conditions hereof. d. ~ecreation Assis~n~ Program funds may De use~ as a match for other ~o~,. Stat~. or Federal grant p~rams, but Boynton Beach may not submit re~mDursemem reouests ~or the same expenses to the Coun~ or other ~undem to re~ive dupli~te reimbursement for the same 3. Boynton Beach agrees that it abided by, and was govem~ by, all appli~ble federal sram. count, a~ munidpal la~. including ou~ not limited ta. Palm Bea~ Count's ordinan~s, as said laws and ordinan~s exist and ~e amended from time ~c time In entering nm this Agreement, Palm Bea~ Coun~ does not waive ~e requirements of any Coun~ or ~o~1 ordinance or the ~quimmen~s of obtaini~ any ~its or li~nses which are no~all~ required to ~nduct ousmess or a~vt~ ~ndu~ed by Boynton Beach. Failure to ~mply may result in Count's refusal ~o honor re~mbursem~t requests for the Pr~ram. 4. Boynton Beachwa~n~ and mp~ents that ~l of its emp~yees an~ pa~icioants n me Chenaniah Praise Dancem' ~P to Washington. D.C. to paKicipam ~n th~ AEi~n American Gosoe~ Show.se. as delineat~ in ExhibE "A' a~ed hereto and made a ~a~ hereof were treated 2 eaua~y w~tnout regarc [o res~oencv, race, color, religion, sex. age, d~sal2~l~t~, manta~ status sexua~ orientation naconal origin, or ancestry, 5. B0ynton Beach sha[, arowoe accounting data fo County for same on or before Aari130. 2002. 6 The term of this Agreement shall be until Aoril 30 2002 7 o-~or to execution of this Agreement ~, the County, Boynton Beach shall Drovl(]e e~mer a certificate evidencing ~neurance coverages as required herein or a statement of self insurance from Boynton Beach's Risk Manager. Boynton Beach shall, during the term of this Agreement an¢ an~ extension hereof maintain in full force and effect self insured or commercial general liability nsurence, including contractual liability and completed coeratiens liability, in meamounts specified in Section 768.28. Florida Statutes. to soedfically cover all excosures associated with the Program and terms and conditions of this Agreement. Where permissible w~m respect to me aoove coverages, SUCh policy shall include Palm Beach County as additional insured and shall contain a clause providing the County with at least thirty (30) days pdor notice in the event of cancellation. non-renewal, or matedal adverse change in coverage. Complienco with the foregoing requirements shall no[ relieve Boynton Beach of its liability and obligations under this Agreement. Boymon Beach agrees to indemnify, defend, and hold harmless the County for any liability arising out of any negligent act or omission of Boynton Beach to the extent the insurance described in this paragraoh fails to cover the County. Nothing in this oaragrepn shall constitute a waiver of either party s sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes. 8. The parties may pursue any and all actions available under law to enforce this Agreement including, but not limited to, actions adsing from the breach of any provision set forth herein. 9. This Agreement shall be govemad by the laws of the State of Flodda and any and all legal action necessary to enforce this Agreement shall be held in Palm Beach County. 10. Any notice given pursuant to the terms of this Agreement shall be in writing and hand delivered or sent by U.S. Mail. All notices shall be addressed to the following: As to the County: Director of Parks and Recreation Palm Beach County Parks and Recreation Department 2700 Sixth Avenue South Lake Worth, Florida 33461 As to Boynton Beach: City Manager City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425 IN WITNESS WHEREOF. the ~0e~'slgnea parties have signec~ tins Agreement on the date first adore written. ATTEST: DOROTHY H. WILKEN, Clerk PALM BEACH COUNTY, FLORIDA, BY ITS BOARD OF (;:OUNTY COMMISSIONERS By: By: - .Deputy ~t~rk ATTEST: Warren H. Newel,. Chairman CITY OF BOYNTON BEACH By: By: City Clerk Mayor Cou,~ty At[omeY By: City Attc~mey APPROVED AS TO TERMS AND CONDITIONS By: Dennis L. Eshleman, D[rec[or Pa~s and Recreation De~3artment The Ci~ofBoynton Beach OFFICE OF TI!E CITY MANAGER August 8, 2001 Ms. Gladys Whi§nam Palm Beach County Board of Commissioners Governmental Center 301 N. Olive Avenue West Palm Beach, FL 33401 RE: Chenaniah Praise Dancers Dear Oladys: Pursuant to your request, attached is a copy of the letter sent to Mayor Gerald Broening requesting funding for the Chenaniah Praise Dancers to perform in the Nations Capitol. Also attached is a copy of Comnnsaioner Greene's good faith effort that she wilI contribute uR to $2500 from the District VII Recraation Assistance Fund 2001-2002 budget. The City of Boynton Beach agreed to fund this function and Commissioner Greene agreed to reimburse the City. The City of Boyncon Beach cannot provide a Certificate of Liability since this function did not take place on City Property and the dancers .were nor City Please advise if any. additional information in needed. Sincerely, CITY OF BOYNTON BEACH Wi~d d. Hawkins Assistant City Manager Attachment C: Kurt Bressner, City Manager AGRE~R~-~N~ EXHIBIT Page 1 of 3 Susan Ymger, Gmnt,~oard'inator/Contract Manager Fro m: Gladys Wh/gkam and I~ichetle Andrew~n Commissioner Addle L Greene, District 7 Date: June 20. 2001 · Subject: Recreafiqn~: ~s~ist~nco P~ rogram RE: Chenaniah Prifise Dimce~s of Boyntou Beack This will corffinu tlmt Criinmis~orter Greene wishes to contr/bute funding towards the C~,enaniat/!~s~¢e~participation at the Afl/can American Go,poi Sl(o~0 f/am ~ Diatdct VII discretionary funding not to e~ceed~2500;00. ~i~!~,.will ta~e pt~ce on June 22- 24, 2001 tn ~Va~hingtoa~DC~ ~q;~{llgt~that the group m not a 501 ¢)(3) ~he City of Boyntpn 8~~ t~nter into a retro active agreement via Commiss~h~ g/fi~n Assistanc~ Program to be ' reimbursed oat°o~the;fi~alcy~' ~;20~I- 2002Budget. Tho contact p'~rsog £or~ ~e City of Bgynton Beach is City Mmmger, Kurt Bresane~r. Mr!:,B~sri~he~ at 56I 742-6019. Attache. dis a.&qpy c~St~tre* ~a~ment a.lca. "good faith effort" to the City of B~yntol! ~ ~rm~smorter Gr~ne and other pertinent informaUon,r~jati~/~ to~[r~st. ~ ~ addition, Commi~siortcr.Gr~ane ha~ asked to be kept informed of the progress of th~,s re~uest ~d wouid like to be advised immediately of any problems'or cortccrrm-an,ffm~ ~e might assist. cc: Commissioner Greene AGP, EEMENT EXHIBIT Page 2 of 3 The Chensniah Praise Dancers would I~ke to take this opportur~q~ to tba:~k you again ~or aJlovang us to se~ice the Cornmurdty through dance. God has re.~lly used us powerfally in Palm Beach County and throushout The City of Boynmn Beach. Now, opporrur~ty has presented itseiFfor Chenaniah to represent The CR~ ofBoynton B~ch the Nations Capitol. Chenaniah has been invited to appear on J'une 22-24, 2001, at the Bobby J'ones (of ' BET)~ie~ American Gospel Showcase n washington, D~C This s in celebration of Jones 25th Anmversar~ m B ack Gospel Music. The event will be fired Internation- ally on The Bobby .fones Show and Word Network. Chenaniah Will be sharing the stage wi~:h stellar artists, such as Fred Hammond, Yolanda Adams, Shirley Ceasar and more ........ However, we must pay for all accomodafions ourselves. T~e Entry fee, Hotel y~, ,~Un.e ,~, .2.002 ann me r.~ .~nder .b.y .rune 15, 2001: We are Prayerfully soliciting your nnencmi ~o. xour ¢ontnout~ons wall help Chemmiah gain exposure and go to the next level in the Arts. We Imow that The city of Boynton Beach is proud of its own and desires to see them go far. Thank you in advance for your support. We are looking forward to hearing from you soon. May God confin~ m Bless you, C/O Antho~ & Carla Mays AGREEMENT EXHIBIT Page 3 of 3 Grantee Billing # PALM BEACH COUNTY PARKS AND RECREATION DEPARTME1~ AGI:~E:~T ]~[~:[J3IT CO~TI~CT PAYMENT REQL EST (Date) Project Billing Period Item Contractual Service Salary' and Wages % of Salai'ies) Materials, Supplies. Direct Purchases · Grantee Stock Eoulomen[ Travel Donatec Real property ,nd, irect Cos:s TOTAL PROTECT COSTS !Certifi~c, ation:-I hereby certify that the above ~.l~en~es were in, cuffed for thework identified a~ being accomplished in the attachedr progress reports. Administrator/Date PBC USE ONLY Count"/Funding Particioation Total project costs to date Coun~ obligation to aate County reta~nage (__%) Count,/funds previously disbursed County funds due this billing Reviewed and Approved by: Project Costs This Billin§ Cumulative Project Costs Certification: I nereoy certify t~at the docb-,~,~n~ ration na~ been ma~ n[ained as required to suppc the project expenses reported above and is oval aole for audit upon request. Financ~a~ Officer/Date PBC Project Administrator/Date Department Director/Date 1 OF2 ACO~D. CERTIFICATE OF LtABI ARTHUR J GAr. I~GBER & CO 2255 GLADES RD SUITE 400E Boca Raton, FL 33431-7379 561 995-6706 City of Boynton Beach 100 E. Boyn=mn Beach Blvd. P.O. Box 310 Boynco~ Beach, FL 33429-0310 JTYINSURANCE °'"'°°- ~1/14/01 ,~,~North River Insurance Company( ~ .a~,,~ 5~=00004a'2 t0/01/00 10/01/03 [~c.~c~..~c~ ~ee A ~.,~,. 544-000048-2 10/01/00 10/01/03 ~.~,~a~ .5.000,000 ~-~oli~ s~j~c ~ SII ~ ~r General E~rsemng ~ GZN 001 Risk Management DepaL'~men= City of Boston Beach 100 Boyn~.ota Bemmh Blvd. B~yncon Beach, FL 33425 m~.~r, sr~m~l of 2 ~9755 IMPORTANT Requested City Commission Meefin~ Dates CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORI Date Final Form Must be Turned into Ciw Clerk's Office Requested Cit3 Commission Meeting Dates VII.-CONSENT AGENDA ITEI I C.4 Date Final Form Must be Turned in to CiW Clerk's Office [] November 2£. 2001 [] December 4, 2001 [] December 18. 2001 [] January 2. 2002 Novenaber 7, 2001 (5:00 p.m. Nbvember 21.20ffi (5:00 p.m3 December 5, 2001 (5:00 p.m3 December 19, 2001 5:00 p.m.) [] January 15,2002 [] February 5. 2002 February 19, 2002 [] March 5, 2002 January 3, 2002 (5:00 p.m.) JanuaI~ 16, 2002 (5:00 p.m.) Februmy 6, 2002 (5:00 p.m.) February 20, 2002 (5:00 p.m.) NATURE OF AGENDA ITEM [] Admiinst~ative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Re'pon RECOMMENDATION: :~' Approve the security agreement £or the 2002 G.A.L.A. event for the per/od of March 22 - 24, 200~ Statewide Enterprises Custom Security Solutions will provide G.A.L.A. with 180 hours of special c~ent security for a total cost of $3,174. EXPLANATION: Security officers will supplement the Police Department by assisting with traffic and crowd controland securing the G.A.L.A. event site from 6 00 a.m. Friday, March 22, through 6:00 p.m. Sunday, March PROGRAM IMPACT: This service will provide an added sense of security for patrons and participants by assisting Police Officers with traffic and crowd control. It will also provide security for various vendor items (artwork, equipment, displays, etc ) that have to be left at the event site overnight. FISCAL IMPACT: Using this service results in cost savings to the event by reducing the number of police officer required to provide adequate security. The vendor will provide 180 hours of service at a cost of $3,174 ( 156 hours ~ $17.50/hour and 24 hours ~, $18.50/hour), If Police officers were used it would cost the event $4,680 (180 hours at an average of $26/hour). Staffreceived quotes from two other security vendors, Navarre Security ($3,591) and Wackenhut4$5,400). Funds are available in account #691-5000-590.04-92. ALTERNATIVES: Use only Police officers at a highergost- Department Name City Manager's Signature - - C4ty~.ttor~e~ / ~"ll~nce / Human~s~o-&ces S:kBULLETrN~ORMSXAGENDA ITEM REQUEST FORM.DOC R~SOLUTION R 02- A RiESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORJZING AND DIRECTING ~I-IE MAYOR AND CITY CLERK TO- EXEcuTE A SECURITY AGREEMENT~TIBETwEEN THE ~CITY OF'~:BOYNTON BEACH (CITY) ~ ,STAT,E?~IDE EN. TERPRISES CUSTOM ~E~i~'~ ~8©LuTi0Ng; gROWING FOR SECURITY FOR G.A.L.A. DURING THE ~-MARCH 22, 23, and 24, ,}002 FESTIVAL; AND PROVIDiNG AN WHEPcEAS, tare City of Boymon Beach G.A.L~A. is an annual, art/cultural festival attracting between 40,000 and 50,000 people; an6 WHEREAS, the 2002 G.A.L.A. is scheduled t6 be held on March 22 - 24, 2002; and - WHEREAS, based on the recommendation of city staff, the City Commission of the City of Boynton Beach has determined that an agreement .should be entered into with Statewide Enterprises Custom Security Solutions, ~o provide for security during the 2002 [ Boynton Beach G.A.L.A. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida~ does hereby authorize and direct the Mayor and City Clerk to execute a Secttrity Agreement between the City of Boynton Beach and Statewide Enterprises Custom Security Solutions to provide for security at the 2002 G.A.L.A. festival scheduled to be held March 22 - 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 dayof February, 2002. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk (Corporate SeaB RESOLUTION EXHIBIT G.A.L.A. EVENT SECURITY AGREEMENY' THIS AGREEMENT made and entered into this ..... day of February, 2002 by and between Statewide Enterprises Custom Security Solutions, hereinafter referred to as Statewide; whose mailing addreSs is Barry B~a~/er, 233 North Federal Highway, Suite 47, P. O. Box 246, Dania Beacl~ Florida 33004} ~d the City of Boynton Beach, Florida, a municipal corporation, hereinafter referred to as~'City', whose address is 100 East Bo.vnton BeackBoulevard, Boynton Beach, iFlorida 33435. WHEREAS, the City is m need of services to coordinate and provide security for the public dur/ng the annuat G.A.L~A. fe~?~.held on Marc~22, 23 and 24, 2002 on Ocean m.. ~,,u~ a[ .~Axr~ ..... 1- ~rd q~ ought, east pas~ Fed~ e~l~iway tO S E 6~'' Street and surrounding areas A- WHERE 5, Statewide has .the knowledge, ability and equipment to coordinate G.A.L.A. security, and WHEREAS, the City desires to engage the services of Statewide to provide G.A.L.A. security for the aforementioned purposes, NOW THEREFORE, and m consideration of the mutual covenants and promises set forth herein, the parties to this agreement do hereby agree as follows: Statewide will provide the City with 180 hours of special events security for a total cost of $3174.00 as scheduled below. The City is tax exempt and the total cost of $3174.00 excludes tax. 156 hours at $17.50 and 24 hours at $18.50 per hour. Friday, 22nd 6a.m.-6p.rr~ tguard 12hrs. X$17.50 $210.00 6p.m.-6a.m. lguard Patrol 12hrs. X$17.50 210.00 Saturday, 23rd 6a.m~-6p.m. lguard BankAmerica~ATMentrance 12hrs. X$17.50 210.00 6a.n~-6p.m. lguard BankAmerica ~ back area 12hrs. X$17.50 210.00 6a.m,-6p.m. lguard B.B.BI.&6*Ct. 12hrs. X$17.50 210.00 6a.m.-6p.m, lguard 4* St. & Barista Way 12hrs. X$17.50 210.00 6a.m.-6p.m lguard 4t~ St.& parking lot (Ocean Av) 12krs. X$17.50 210.00 6 a.m. - 6 p.m. 1 supv. Rove 12 hrs. X $18.50 222.00 6p.m.-6a.m. lguard Rover&Patrol 12hrs. X$17.50 210.00 Sun, 24th 6 a.m. - 6 p.m, 6 a.m. - 6 p.m. 6 a.m.-6p.m -6 a.m. - 6 p.m. - 6 aam.- 6 p.m. 6 a.m.- 6 p.m. guard Same as Saturday 12 hrs. X $17.50 210.00 lguard Same as Saturday 12hxs. X$17.50 210.00 guard Same as Saturday 12hrs. X$17.50 210.00 guard Same as Saturday 12 hrs. X $17.50 210.00 guard 4~h St. & Ocean Ay. (Parking lot & Stage) 12 h~s. X $17.50 210.00 supv. Rove 12 las. X $18.50 222.00 $3,174.00 ~ · Page Two G.A.L.A. Security Agreement That Statewide shall provide the City with radios from Friday, March 2, 2002 through 6:00 p.m. Sunday, March 24. 2002. That Statewide shall provide verification of a one milhon dollar insurance liability policy, which names the City, its officials, agents, employees, volunteers and participants as additional insu~ed~ An original certificateof this insurance qgverage shall be~provided.to, the City's Risk,Manager from Statewide~s insurance career. The City witl submit, payment TO Statewide not later than April t4, 2002 for services rendered. That ne alcohol or illegal drugs shall be consumed by Statewide employees or representatives prior ~o, during or su~bsequent to the G.A.L.A. festival in Boynton Beach. That the City shall not be responsible for any property damage or personal injury sustained' by Statewide representatives or employees from any cause whatsoever, prior, during or subsequent to the period of time during which this agreement is in effect. Statewide herebywaives discharges and releases the City, its agents and employees from liability for the negligent acts of City or its employees and agents. That Statewide shall not sell, subcontract or transfer this agreement to any individual, group, agency, and government, non-profit or profit Corporation. That Statewide shalLindemnify, save and hold harmless the City, its agents and employees from any claim, demand, suit, loss, cost of, expense or damage which may be asserted, claimed or recovered against or from City or City's agents or employees, by reason of any damage~to property or person, including death, sustained by any person whomsoever, which damage is incidental to, occurs asaresult of, or arises out of the negligent or wrongful act(s) of Statewide, its employees, 0r representatives for cimumstances solely in control of Statewide (Agency). That, in the event that litigation shall be necessary for the enforcement ofth/s agreement ~n behalf of either party, then the prevailing party shall be entitled to reasonable fees and costs incurred in said litigation. Venue for said litigation shall be Palm Beach County. Page Three ~-- G.A.LA. Security Agreement _ 10. That Statewide shah not:discriminate against anyperson on the basis of race, color, religion, ancestry, national origin,'age; sex. marital status, sexual orientation or disability in its hiring or contracting practices or for any reason associated with this agreement. 11' That~s;a~emeht alone sets forth?ali;the e, avenantsk proimses; ag~eemeakS, ' . c6fia~bns~8~ ~d~s~dlh~ ?6~tw~ ~e;p~aes~t~eretO. ~h~ero ar~ ,n~- ~,enants pmmis~s, age~ts, con~tiom ~ ~4~t~&¢gs; eider osfl or ~fia~ be~een p~es ~less ~d ~1 ~t m ~duc~ m ~gg ~a m~ by'bo~S~e~ ~ ~e ci~. _ 12. If ~y t~ ~ p~ovifi~"0-f~* a~S~a~.tq~:~Y'ext~t~;'~be d~e~d inv~d or ~en~orce~ie, ~e rmander 0f:M~ age~m,; shall ;be valid md ~haa be enforced to · e h~egi ~xt~t of ~e law. on tho ATTEST' ' - ' By: Ger~ifl.Bmening, Mayor City of Boynton Beach Approved as tO form and lega! sufficiency: y Baker, General Manager Statewide Enterprises Custom Security Solutions James Cherof, Ci/y Attorney City 0fBoYnt°n' Beach ',~. VARRO SECUR/TY GROUP LTD., INC. TEMPORARY SECUR/TY SERVICES SERVICE AGREEMENT Report to Whom: JobSitePhone #: .lob Site Keys: DYes m No Obtain From Whom: AttenUon: .,, .g-~k,~ Return Keys: r~Yes E3No Address City S~te ~p Emergency Numbers (Client): Post Supervision: Telephone/Radio: Service ~o S~art: Date: Time: Service to End: Hour Billing Ra~e: StraJghf:~me.~u~ H~ ~ /~ Perhr. O~ Holid~: Houm ~ ~ ~r hr. ~uble ~me'. Hou~ ~ $ Per hr. Hours of £overage: 3 ~,~,~/ Bank Reference: (~me) (Add~ess) Name) {[Contact Telephone #) I>ayment: (How,AA/hen) Tem~aw Aam~r,a~: ~ 09,~9 SERVICE AUTHORIZED ]BY BY: BI/' 'i'Ii].,,E ~///O/ '' DATE_ / DATE FOR OFFICE USE: 2/~ ~ ~ /~ SPECrALINST~.UC~ONS: 3 ,d~ry ~. ~'~-~o . ~ ~ ~,5~./o AT JOB SITE ARE THEKE: TELEPHONE TON;aT FOUL WEATH~ FACIL~I:Y LIOi-ITS_ STANDARD UNIFOIiM? /VARIANCE?,, FLAffftLI~ REQUllR~n? 'RAINWEAR? HAND]F-TALKIE RADIO REQUmm~? ~ S0, CHAR(m? (Ifnot, arrange for bat~'y elmrg~ & mtat~ batt~e~ atjob site) WATCHCL0CK? WHOSE? NUMBEK OF KEY STATIONS . IF SI-IIFrS OF MORE THAN EIGHT (g) HO~S ARE TO BE S~r .1;~, ARE OVEKTIME HOURS TO BE B~.rla:D?.... CC~ or No) TO: ]{.~ ~ FROM: RE: DATE: MR. JOHN BEBENSEE_ OCEAN LIFFEGUARD CAPTAIN. CITYOF BOYNTON AL PAYNER, SCHEDULING ADMINISTRATOR, BOCA OFFICE QUOTATION FOR SF.J~ViCE FOR BOYNTON GALA NOVEMBER 8. 2001 JOHN1 PER YOUR REQUEST I AM FAXING YOU THE PRICE QUOTE FOR THE BOYNTON GALA WHICH IS TO OCCUR FRIDAY, THRU SUNDAY IN MARCH OF 2002. YOU ESTIMATED YOU WOULD NEED SE~,WEEN 6 AND B UNARMED SECURITY OFFICERS, PLUS A SUPERVISOR. PLEASE BE ADVISED THAT THE MINIMUM SHIFTWOULD BE FOUR HOURS IN LENGTH. THE COST P~.HOURWOULD BE$30. THIS WOULD ALSO BE THE PRICE FOR A SUPERVlSOR. WEWILLALSO PROVIDE RADIOS AS NEEDED. PLEASE LET ME KNOW AS SOON AS POSSIELE IF YOU WOULD LIKE US TO DO THIS. Requested C[W Co.sion Meeting Dates [] November 20. 2001 [] December 4, 200] [] December 18.2001 [] January 2. 2002 CITY OF BOYNTON BEACI~ AGENDA ITEM REQUEST FOi Date Final Form Must be Turned in to Cit3 Clerk's Offic~ November 7. 2001 (5:00 p.m.) November 2L 2001 (5:00 p.m.) December 5. 200I (5:00 p.m.) December 19. 2001 (5:00 p.m) Requested City Core. mission Meeting Dates [] January 15, 2002 [] Febrna~ 5, 2002 [] February 19, 2002 [] March 5, 2002 VII,-CONSENT AGENDA ITEM C.5, Date Final Form Must be Turned in to City Clerk's Office Januat5 3, 2002 (5:00 p.m./ lanuary 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: Motion to approve and authorizing the Mayor to sign an Agreement for Water Service Outside of the City Limits and Covenant for Annexation with Joyce A. Kane, for a parcel of land located on the west side of Military Trail, at the intersection with Old Military Trail. EXPLANATION: The subject parcel of approximately 0.97 acres is located within the City of Boynton Beach Utilities service area, but outside of the City Limits. The parcel currently contains a one- story residence, which will eventually be replaced by a two-story retail/office building of approximately 7,568 square feet. PROGRAM IMPACT: None. The parcel lies within the existing service area, and is therefore included in planned system improvemen_ts. FISCAL IMPACT: None ALTERNATIVES: In that the parcel is within the City's utility service area, we see no reasonable alternative to approval of this agreement. S :~B UL LETINZFORMSLAGENDA ITEM REQUEST FORM.DOC ": Del~m'tment Head s Signatm~ ' CITY OF BOYNTON BEACH ~-' C'ff~Manager s ~gn 'amre Department Name /~"' City Al~fn~3)7 Finance / Human Resources XC: Peter Mazzella (w/attachments) Michael RUmpf, Plmaning Dept, (w/attachments) City Attorney File SABULLETINkFORMS~AGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R02- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA. AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION BETWEEN THE CITY OF BOYNTON BEACH AND JOYCE A. KANE.: AND PROVDING AN EFFECTIVE DATE. WHEREAS, the subject property is located outside of the City Limits. but within our water and sewer service area, located on the west side of Military Trail, at the intersection with Old Military Trail; and WHEREAS. City policy reqmres annexation of the property, to be serviced at-the earliest practicable ume, as a condition of the granting of water services outside ~ts limits; and WItEREAS, the subject parcel currently contains a one-story residence, which will ~-ventually be replaced by a two-story retail office building of approximately 7,568 feet. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF TIlE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The Mayor and City Clerk are hereby authorized and directed to : a Water Service Agreement between the City of Boynton Beach, Florida and A. Kane, said Agreement being attached hereto as Exhibit "A". Section 2. This Resolution shall become effective immediately upon passage. City Clerk PASSED AND ADOPTED this day of February, 2002. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner Za~resoXagreements\WaterSer-Joyce Kane 020502 RESOLUTION EXHIBIT AGREEMENT FOR WATER SEKVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION WHEREAS, Customer owns real property outside of the jurisdictional limits of the City of Boynton Beach, Florida; and WI-IEREAS, Customer has requested that the City of Boynton Beach. Florida provide water service to the property owned by Customer; and WHEREAS, the City of Boynton beach has the ability to provide water servace to Customer's property; and WHEREAS, the City of Boynton Beach has a policy which conditions the grant of water services outside of its jurisdictional limits on annexation crt the property to be serviced into Ihe City a~ the earliest practicable lime. NOW THEREFORE, for and in consideration of the privilege of rec~'lving water service from the Municipal Water SyStem and the muttml covenant~ expressed herein, the City of Boynton Beach and the Customer, his heirs, successors and assigns, agree as fbllows: 1. The City agrees to provide Customer with water service fi~om its Municipal Water System to service the real property described as follows and: which Customer ~presents is owned by Customer: (Exhibit A) 2. The Customer and the City hereby agree that there are 4 Equiv..glent Residential Connections which City shall service. 3. The Custom©r agrees m pay all co~s and fees of engineering material, labor, installation and inspection of the facilities as requixed by thc City of Boynton Beach Code of Ordinances or Land Developmem regulmions to provide service to the Customer's premises. The Customer shall be responsible for installation in conformance with all codes, vales and regulations applicable to the installation and maintenance of water service lines upon the Customer's premises. Ail such lines shall be approved by the Director of Utilities and subject to inspection by the City Engineers. The City shall have the option of either requiring the Customer to perform the work necessary to conform the lines or the City may have the Work performed on behalf of the Customer, m which case the Customer will pay in advance all e~mated costs thereof. In the event the City has such work performed, the Customer will also advance-such additional funds as may be necessary m pay the total actual costs incurred by the City. 4. Any water main extension made pursuant to this Agreement shall be used only by the Customer, unless written ~nsent-is granted by the City of Boynton Beach for other parties to cormeet. All co~eeti0n~. ~ bemade in accordance with the Codes and regulations.of B0ym6nBeach: .... 5. Title to all mains, extensions and other facilities extended from the City Water Distribution System to,and including the me~erec! service tO, Customer shall be vested ir/the City exclusiy~ly unless OtherwiSe qonVey~d Or abandoned t6. the property ov4ner. 6. The Customer agr~s to. pay.~l charges, ~ep0sits and rates for service and equipment in connection ~th: wat~ ~oe 0h~sid~:~Ci~ I/fi~'~l/cable under City Ordinances and rate schedules which~are apphcable whmh may be changed from tmae to time. 7. Any fights-of-way or easements necessary to accommodate the connections shall be provided by the Customer to the City. 8. The Customer shall, contemporaneously execute and deliver to the City an Irrevocable Special Power of Attomeyigranting to the City the power and authority to execute and advance on behalf of the Customer a voluntary petition for annexation. Customer covenants 'that it shall cooperate ~th the. C~ty and not raise Opposition or challenge to such annexation if and when annexation is initiated. The property shall be subject to annexation at the option oflbe.Cit3 any available means or ] assigns or purchasers of ~rrevocable special power of attorney, not constitute a defense or bar to the acknowledges that the consideration 9% eligible under a any and all provide such notice shall as set forth herein. The Customer water supply is sufficient to support the grant of the or lack of sentice shall in no way tmpair the power~ of attorney nor constitute a diminution or lack-of enns'idemfion. 9. The Customer acknowledges that this covenant regarding annexation is intended to be and is hereby made a covenant running with the land described in paragraph 1 above. This Agreement and the power of attorney referenced herein is to be recorded in the Public Records of Palm Beach County, Florida, and_ the Customer and all subsequent transferee, g~autees, heirs or assigns of'Customer shall be binding on the Customer and all successors and assigms, 10. It is agreed that the City shall have no liability in the event there is a reduction, impairment or termination in water service to be provided under this Agreement due to any prohibitions, restrictions, limitations or requkements of local, m~atteiOnal, Slate or Federal agencies or other agencies having jurisdiction 9vet such rs. Als0, the City shall have no liability in th~' event ithere is a reduction, impau-ment or termination of water sevace due to acts of Cra& accidents, strikes. boycotts, blackouts, fire, earthquakes, other casualties or other circumstances beyond the City's reasonable control. 11. The Customer hereby agrees ro indermoJf-y, defend and hold harmless the City of Boyntnn Beach, Florida, its Mayor, Members of the City Coramlqsion, Officers, employees and agents (Both in their individual and official capacities) fi~m and against all claims, damages, taw suits and expenses including reasenabte attorneys fees (whether or not incurred on appeal or in connection with post judgment collection) and costs rising out of or resulting from the Customer's obligation u~der or performance pursuant to this Agreement. 12. No additional agreements or rcprcsenlations shall be binding on any of the parties hereto unless incorporated in this Agreement. No modifications or change in this Agreement shall be valid upon the parties unless in writing executed by the parties to be bound thereby. IN WITNESS WHEREOF, the parties hereto have set their hands and seals this /~' day of [ i. 1. '(.~/ q ~ ,2002. WITNESS: iNDIVIDUAL(S) AS OWNER(S): (As to owner)) (As to owner) LAs to owner) (As to owner) (Print laa~) Joyce A. Kane (Pdnt name) FOR INDIVIDUAL(S) NOTARIZATION: STATE OF FLORIDA ) COUNTY OF PAlM BEACH) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the CounB, aforesaid to hake aclmowledgrnenls, personally appeared ~, i~ & x~ ~z to me known to be the person(s) described in and who executed the foregoing insmnnent that he/she acknowledged before me that he/she executed the same; that the individual was.~p?rs_on~ly_ lin. own to me"or provided the following proof of identification: WI'IT'4ESS~my hand and official seal in the County and State last aforesaid this /~aayof /~'~.~Zg/~/J ' 2002 ' ' ~ ~SS: CITY OF BORON BEAC~/tFLO~A Mayo~ ATTEST: City Clerk STATE OF FLORIDA ) ) COUNTY OF PALM BEACH) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared . Mayor and City Clerk respectively, of the City named in the foregoing agreement and that they severally acknowledged executing same in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in them by said City and that the City seal affixed thereto is the true corporate seal affixed thereto is the tv,..e corporate seal of said City. Wi'INESS my hand and official seal in the County and State last aforesaid this day of ,2002. (Notary Seal) Notary Public Approved as to tbrm: Legal Description Approved: City Attorney AGP. E~T EXHIBIT JanuarylO, 2002 8:33 AAA From: Beril Kruger Fax Number: 265-4611 Page 2 of 2 STATE OF FLORIDA COUNTY OF ~ (~% ~.~,~L~ I/We, ~_---r-.~=.~..(.~ ~(:~.,~4 , hereinafter "Grantee", hereby make. constitute, and appoint THE CITY OF BOYNTON BEACH, FLORIDA, true and JawfuJ attorney in fact for Grantee and in Grantee's name, place and stead, for the sole purpose of executing on behalf of Grantee the power to initiate, maintain, and complete a voluntary petition for annexation of the real property described herein into the CITY OF BOYNTON BEACH. This power shall extend to the CITY OF BOYNTON BEACH full and complete authority to act on Grantee's behalf to accomplish annexation by any available means. The real property which is the subject of this power is described as The powers and authority of my attomey, THE CITY OF BOYNTON BEACH, ,~FLORIDA, shall commence and be in full force and effect on the ( ~ day of ,u,~ ~ ~ A , 200~. and the powers and authority shall be irrevocable by ~--~rantee. O* ~J WITNESS WHEREOF, we have hereunto set our hands and seals the( ~ day of)c'~3.AJJZ~A.~..i , in the year two thousand. ~. ~S)ealed anc~elivered in the presence of Witness. ~-. Witness Witness Witness P~nt name STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH ) f~ THE FOREGOING INSTRUMENT was acknowledged before me thisL ~r~ day of: ~ 200~ by and ~ ~~,~-~ , __who ~e~known to. m.e or who have produced , as id~ntificajion and who _did/did not take ~n oath. r'~TARY ~OBLIC, ~ ~. TYPe or Print Name Commission No. My Commission Expires: IRREVOCABLE SPECIAL POWER OF ATTORNEY EXHIBIT "A" LEGAL DESCRIPTION FOR 8305 Military Trail, Boynton Beach, Florida A TRACT OF LAND IN THE SOUTHWEST ONE-QUARTER eS.W, ¼) OF THE NORTHWEST ONE-QUARTER (N.W, ~) OF SECTION 13. TOWNSHIP 45 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCI.NG AT TFIE~WEST QUARTER ~OR,NER OF SECTION 13, TOWNSNIP 45 souTH~ RANGE 42 EAST: THEN~E,N.O'27'lo;'W., ALONG:THE wEST LINEt O~ SAID SECTION 13, A DISTANi~E OF 1323.18 FEET TO A POINT; THENCE N 89 59 2 E.. A DISTANCE OF 440~54 FEET TO A POINT; THENCE S;0°2,7'32.'~E.~ ;A DISTANCE OF 500 FEET TO A ~ A CURVE, SAID POINT ALSO BEING THE WESTE OF 3 4,8 ~6,~, ~A:,~ DISTAI~;(~E OF ~ N,4z~ 56 4,9,~E.:, ~ALO~G~,~AID:, OF SOU; SAID POINT ALSO BEING THeE COUNTY ROAD THENCE )F wAY LINE, A DISTANCE ~0F OF ' WESTERLY RIGHT OF WAY TO THE POINT :OF ! THEREOF CONTAINING ~r less. to ~h~ ~e~s~lon with the westerly ~zht o~ way ~e of ~$a~e Road ff . ~ -- STA o~ F STATE OF Florida George W. Mathews Ill Kathryn M, lakabein Of Counsel to tho Firm January 2, 2002 MATHEWS& JAIC4BCIN, P.A. Attorneys at Law Suite 104~ C~g~es~ 1325 S. Co~gr~ss Boynton Be~, Florida 3~26' ~ent by F~ o~y 654611 T-~$ P.01/~2 F-DO Beril Kruger, Land Plarmer 9 N.B. 16 Street De]ray Beach, FL 33444 ChristopHer Rush 8305 S. Military T~ait Boyaton Beach, FL Tax-Folio N0.: 00-42~5-13-00-000-3131 Dear Mr. Kruger: Attached is,the title status report for thc above referenced properiy. The o~y matter the surveyor wouldxteed tO address is thei'ight-of-way for Military Trail. No other easements appear ofrec{Jrd. Please feel flee tO call should you have may quesnons or ill can be of further a~sistance. Very trul3'q~s~._ JAN-02-02 2:N ~0~ George W. Mnthews 111 Kafl~ryn M. Jakabcla Of Counsel to the Finn MATHEWS & JAKABCIN. P.A. Attorneys at Law Suite 104, Congress Center 1325 S. Congress Avenue Boynton Bench, Florida 33426 TITLE SEARCH REPORT T-6~3 P.OZ/03 Baynton Beach: (561) 738-5501 BocaRalon: ($61) 391~0995 Alt other areas: (800) 383-0112 Facsimile: (561) ?38-2242 Legal Description: A tract of land in the Southwest one-quarter (SW 1/4) of the Northwest one-quarter (NW I/4) of Section 13, Township 45 South, Range 42 East, Palm Beach Coumy, Florida, being more particularly described as follows: Commencing at the West quarter comer of Section 13, Towrmhip 45 South Range 42 East; thene~ North odegrees 27'10" West along the west line of smd See on 13, a 6istanee of 1323.I 8 feet to a point; thence North 89 degreeS~59'2 i'~ Ea~ti a distance of 440 54 feel: to a point; thence South 0 degrees 32 East~ a distance.nfS00 feet to a pgmt on a cur~e, smd point aisc being hbo westerly right *f way iine of Staie Road No. 809 (Military Trail); rhone~. northeasterly along said westerly right of way line having a radius of 1960:08 feet, concave ~outheasterly through a central angle of 3 de , ~ " ' grees 48 45, a dxstance of 130.43 feet to end ofsa~d curve; thence North 44 de~ ecs 56 49 East along said westerly nght of way hne. a distance of 104.6 fi'~et to the Point of Beginning; thence North 40 degrees 46'31" Wear, a distance of 181.87 feet to a, poinr on a,curve~ mid:point aLqo being gol~thed-y right of Way line of a 66 foot:wide eotmty road; thence no'easterly alpng said ~o~therly righij o~a~y ii~, a distance of 509 feet, m(iie.~iess, to/he inter~e6tfon With ~e ~rl~, right of way li~ n{' 0fWay !~e,~aidistance nf~2i.62 feet more 6i' 16s*, to the Point of Begirming. LESS THE FOLLOWING RIGHT OF WAY: A.tract of land in the Southwest one-quarter of tho Northwest one-fluarter of.;S~ecfion 13, Township 45 South, Range 42 East, Palm. Beach County, Florida,.being more particularly described as follows: Commence at the Northwest comer of the Southwest one-quarter of the Nerthwest one-quarter of Section t3; thence Easterly along the North line of said Section a distance of 440.00 feet, more or leas, to a poinq thence South 00 degrees 27'33" East, a diatanee of 500 feet. more or less, re a point inte~ sooting the Westerly Right-of-Way line cfa I00 foot Right-of- Way for State Road No. 809 (Military Trail) being a curve concave to the Southeast having a radius of 1960.08 and a central angle of 03 degrees 49:09"; thence Northeasterly along the arc of said Westerly right-of-Way line a di,tance of 130.06 feet to the end of said curve; thence North 44 degree, 56'49" East along said westerly right-of-way line, a distance of 104.61 feet to the Point of Beginning; thence North 44 degrees 56'49" East a distance of 421.62 feet intersecting a point in a curve concave to the Southeast havinga radius of ~0,8,.74 feet; thence Southwesterly through a een~al ~gi~ ofO0 fle~e~ ~6 ~9 ~0ng the ~c of said ct~e a dist~ce of 16.72 f~t; ~henee~So~ a~ aegrees 5~'49" W~t a distance of41~ ~4 feet; ~e~B~40 ~e~e~6B:l'~ E~t~a:~st~de 6f I 0.03 fee~ m the Pdint of Begi~ng. Encumhrah.¢es: Mortgage: in favor Book t Trust E~ements, Restrictions mad Reservations of Record: ,, Florida; Right of Way for State Roac1809 (Military Trail) as now existing and in Effective~ This !catch is certified through November 21 G~e W. Mathew~ III, Es~t, E(ated: January 2, 2002 ,2001, Reqnested City Comm(ssion Meetin~ Dates [-- November 20. 200I [] December z~. 2001 [] December 18_2001_ --] January 2. 2002 VII.-CONSENT AGENDA ITEM C.6 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned into Ciw. 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 5:00 p.m Requesmd Ci~ Commission Me~ingDa~s [] January l5. 2002 [] February5.2002 [] February lg. 2002 [] March5~ 2002 Date Final Form Must be Turned in to City Clerk's Office January 3, 2002 (5:00 p.m.) lanuar~ 16, 2002 (5:00 p.m.) Febraary 6, 2002 (5:00 p.m.) Febmary 20, 2002 (5:00 p.m./ NATURE OF AGENDA ITEM [] Administrauve [] Development Plans  Consent Agenda [] New Business Public Hearing Legal [] Bids [] Unrra/shed Business [] Aunouncemem [] Presentation [] City Manager's Report RECOMMENDATION: Motion to authorize execution of a Sidewalk Construction Easement with Foster Oil Corporation. EXPLANATION: The City needs the soulheast corner of Foster Oil property to complete the drainage improvements of Industrial Park corridor. Foster Oil is granting a non-exclusive perpetual easement for the purpose of construction, installation and maintenance. PROGKa. M IMPACT: Part of the overall storm water m~provements in Industrial Park. FISCAL IMPACT: n/a ALTERNATIVES: wa Departmefit Name City Manager's Signature City At~l~['~. Finance / Human Resources S:kBULLET1NkFORMS~AGENDA ITEM KEQUEST FORM.DOC RESOLUTION NO, R02- A RESOLUTION OFTHE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORA. AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A SIDEWALK CONSTRUCTION EASEMENT AGREEMENT BETWEEN THE CITY OF BO.YNTON BEACH AND FOSTER'C2, CORPORATION. AND PROVDING FOR AN EFFECTIVE DATE. WHEREAS. it is the purpose of the City to obtain a Sidewalk Construction Easement ~ith Foster Oil Corporation in order to complete drainage improvements 'in Industrial 'ark corridor: and WHEREAS, the City Commission upon recommendation of staff, deems it ~ppropriate to execute this Sidewalk Construction Easement Agreement between.the City of Boynton Beach and Foster Oil Corporation, attached hereto as Exhibit "A"; NOW, THEREFORE, BE IT RESOLVED BY THE' CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1 The City Commission of the City of Boynton Beach, Florida does hereby authorize and direct the Mayor and City Clerk to execute a Sidewalk Construction Easement Agreement between the City of Boynton Beach and Foster Oil Corporation, said Agreement being attached hereto as Exhibit "A". Section 2. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of February, 2002. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Conumssioner Commissioner Commissioner ATTEST: City Clerk (Corporate Seal) S:ResoXAgr\ Sidewalk Construction Easement Agreement- Foster Oil RESOLUTION EXHIBIT SIDEWALK CONSTRUCTION AGREEM1 THIS AGREEMENT entered into this '"/v day of'q,, · ,200,~, by and between the CITY OF BOYNTON BEACH. a Florida municipal corporation. (hereinafter referred to as "CITY"), and F.H. Foster Oil Corporation, Inc., a Florida Corporation. thereina~er referred to a "OWNER"), provides as follows: WHEREAS, the City desires to complete sidewalk construction and/or modificauons at the property described below; and, WHEREAS, the City has determined that the improvemems are necessary to in the interest of the public's safety; and, WHEREAS. in order-to complete said sidewalk construction, it is necessary for the City to enter upon and perform various construction tasks on the following described property: SEE EXHIBIT "A" ATTACHED HERETO WHEREAS, as part of this project, the City will return the disturbed area to like or better condition than prior to construction. NOW, THEREFORE, in wimess of the above and in consideration of the City agreeing to conduct the aforesaid restoration, Owner hereby grants unto the City, their employees, agents, contractors, sub-contractors~ and/or assigns, the license and the right to emer upon said land of Owner ['or the purpose of constructing the sidewalk improvements. 1. Owner agrees to allow City and their representatives and assigns to construct a sidewalk on the following described property: SEE EXHIBIT "A" ATTACHED HERETO The construction of the sidewalk shall be m accordance with the construction plans and on file with the City Engineer 2. The details and methods of construction, including, but not limited to surface treatment and grade of the subject sidewalk shall be at the discretion of the City. 3. Owner agrees to grant a permanent non-exclusive easement to the City for the installation, construction, and maimenance of the sidewalk, a copy of which is attached hereto as Exhibit "B". 4. Citw's Obligations: The City agrees to do the following ~n consideration_ for the grant of the easement: (a) (b) (c) (d) Replace a portion of the existing fence and gate located on the property with the same type of fence and gate that currently exist on the property. The new fence shall be installed from the existing gate at the south entrance/exit to the existing gate on the north~ end of Owner's property. Restore the property disturbed by the construction of the sidewalk to a like or better condition than what existed prior to construction. The restoration shall include the installation of sod andshrubbery within the disturbed portion of the easement. Install irrigation within the easement m cormect to Owner's existing irrigation system, or "stub-up" the imgation system in order to permit Owner to tie-in to the Owner's future/rrigation system'once it is installet Relocate the backflow preventer to behind the fence installed by the City. 5. The Owner certifies that the person(s) executing this Agreement are the fee simple title holders to the above described property or are officers with sufficient authority To execute such agreements on behalf of their corporation or pamaerships pursuant to the document.attached hereto. (Please attach power of attorney or corporate resolution). IN W~$~,,, WHE,R~.~ OF, the parties to this Agreement set thek hands and seals ti'ds :?-f, dayoP-~.' ~.,,~....~ .20O-~. WITNESSES: F.H. FOSTER OIL CORPORATION, INC., a Florida Corporation Print Name:~&" Print Name: STATE OF FLORIDA COUNTY OF '?~L,}', }~c'/'tc'A (SEAL) I HEREBY C. ERTIFY that..~on this ~day, before me, the foregoing insu'ument was acknowledged by ¢,?t,~ z.~. p? ~c~r-x who- is known~to me or who has produced as identification and who did not take an oath. My Commission Expires: CITY OF BOYNTON BEACH, FLORIDA . NOTARY P~C , Mayor' City Clerk (Corp. Seal) STATE OF FLORIDA ) ) COUNTY OF PALM BEACH ) I HEREBY CERTItrY that on this day, before me an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared , the Mayor and City Clerk respectively of the City named in the foregoing agreement and that they severally acknowledged executing the same in the presence of t-wo subscribing wimesses freely and voluntarily under authority duly vested in them by said City and that the City seal affixed thereto is the tree corporate seal of said City. WITNESS my hand and official seal in the County and State last aforesaid this day of ,200_. NOTARY PUBLIC My Commission_Expires: Approved as to form: Print or Type Name (Notary Seal) City Attorney H:\ 1990~900182.B B~AGMT~Foster Oil Easement Agr~ment.doc ROAD EASEMENT A PORTION OF LoT 5 BOYNTON INDUSTRIAL PARK PLAT BOOK 25 PAGE 232 CITY OF BOY'NTON BEACH BEACH, PALM BEACH COUNTY, FLORIDA Sidewalk Constructzon Agreement - Exhibit "A" Page 1 of 2 S~ LEGAL DESCRIPTION: A PORTION OF LOT 5 BOYNTON INDUSTRIAL PARK AS RECORDED [Iq PLAT BOOK 25 AT PAGE 232 OF THE PUBLIC OF PALM BEACH COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHEAST CORNER OF SAID LOT 5, BOYNTON INDUSTRIAL PARK AS RECORDED IN PLAT BOOK 232 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORID.ax THENCE S 89041'10" W ALONG ; THENCE N. ~43°23'11Y' E FOR 47.70 tqsts'r: THENCE S ) ~ POINT OF BEGINNING. SAID LANDS SITUATE WITHIN THE CITY OF BOYNTON BEACFL PALM BEACH COUNTY, FLORIDA CONTAI2N1NG 565 SQUARE FEET, MORE OR LESS. CERTn?ICATE: HELLER-WEAVER AND SHEREMET~ INC. ,B. NO. 3449 DANIEl, C. LAAK PROm-:SS ONAL SURVEYOR toPPER DATED: AUGUST 21.2001 FILE:IS\15056LGL.PUB 1.) THIS SKETCH AND LEGAL DESCRIPTION DOES NOT REPRESENT A FIELD BOUNDARY SURVEY ("THIS IS NOT A SURVEY"). 2.) BEARINGS SHOWN ~ON REFER TO THE WEST RIGHT-OF-WAY LINE OF INDUSTRIAL AVENUE HAVING AN ASSLrM~D BEARING OF NORTH 00'~00'00' EAST, PER BOYNTON INDUSTRIAL PARK AS RECORDED IN PLAT BOOK 25 AT PAGE 232 OF THE PUBLIC RECORDS OF PALM BEACH COUNT~, FLORIDA. SHEET 1 OF 2 S~mFTS FILE NO. 01-15056.003-SS1 ' ,qeller-Weaver and Sheremeta, Inc. Engineers ... Surveyors ... Planners Palm Beach County 310 South~st FLrst Street, Suite Four Delmy Beack Florida 33483 (561) 243-8700 (561)243-8777 Fax Sidewalk Construction Agreement - Exhibit "A" Page 2 of 2 S 89'¢1'10" w 114.58' CONTAINING ----,, --- ¢ +565 SO. FT.~ PR£FER.,'-T C NO 0,.: '4-,¢ ¢ ........ v,.,.~ LINE LOT 5 8' UTILI',,TY F. ASMENT .,'" S.E. CORNER OF LOT 5 BOYNTON ,INDUSTRIAL PARK j~_. 25 232 {L ROAD EASEMENT SKETCH TO ACCOMPANY LEGAL DESCRIPTION A PORTION OF LOT 5 BOYNTON INDUSTRIAL PARK PLAT BOOK 25, PA~E 232 CITY OF BOYNTON BEACH PALM BEACH COUNTY, FLORIDA p..~. PLAT BOOK PG. ,~AGE(S) R/W RIGhT--OF--WAY P,O.8 ~OlNT OF ~EGINNING LOCATION MAP N.T.~. Prepared b2, and Kemm [o James A. Cherofi Esq Josi~s. Goren. Cherof. Doody & Ezrot. P.A. 3099 E, Commercml Bird #200 Ft kauderdale. FL 33308 SIDEWALK CONSTRUCTION AGREEMENT - EXHIBIT THIS [NDENTURE made this ¢"7iday of ~ .... ., 200~, between F.H. FOSTER CORPORATION. [NC., a Florida Corporation (hereinafter c$11ectively referred to as "Grantor"), whose address ~s 319 Industrial Avenue. Boynton Beach. Florida 33426, and THE CITY OF BOYNTON BEACH, FLORIDA, a:Florida municipal corporation, (hereinafter referred to as "Grantee"), with its address at 100 E. Boymon Beach Boulevard, P.O. Box 310. Boynton Beach, FL 33425. W'IT NF, g g F, TH: WHEREAS, the Grantor is the owner of real property situated in Palm Beach Coanty.,- Florida, and more particularly described as follows: SEE ATTACHED EXHIBIT "A" and, WHEREAS, the Grantee seeks to obtain a non-exclusive perpetual easement for the purpose of construction, installation, and maintenance of mummpal facilities, including but not limited to a sidewalk; and WHEREAS, the Grantor is willing to grant such an easement to the Grantee to facilitate a installation of a sidewalk. NOW, THEREFORE, and in consideration of the mutual covenants each to the other mnmng and one dollar the receipt of which is acknowledged by the Grantor and other good and valuable considerations, the Grantor does hereby grant unto the Grantee, its successors and assigns, through its employees, agents, contractors, or other designated persons a non-exclusive, perpetual easement in, over, under, through, upon and or across the above described lands for the purpose of construction, installation, and maintenance of municipal utilities, including, but not limited to a sidewalk. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on this //' day of ,/;~ .~,,/~ t-~c,t ,200~ Signed. Sealed and delivered in the presence of: WITNESSES: Signature Print Name Signature Print Name GRANTOR/ F.I-I.~FOS~TER OIL CORPORATION. INC.. a Fi6hda C~r~0}afio~ (CORPORATE SEAL) STATE OF FLORIDA 1 HEREBY C~RTIFY that on this day, before me, the foregoing instrument was acknowledged by ~/c/,~, ~,~. /:c.57'~/~ as ~.:,,3,.;,,z of ~ 6" /c~5~'R ,O/cO' ~/~/2~ao//e,, ~,/,-a- who is kno _wn to me or who has produced ' . as identification and who did not take an oath. My Commission Expires: xl~v t,o · ? Notary Public Print Name S:\CAkDavidTxFoster Oil Sidewalk Easement.dcc ROAD EASEMENT A PORTION OF LOT 5 BOYNTON INDUSTRIAL P~ PLAT BOOK 25 PAGE 232 CITY OF BOYNTON BEACH BEACH, PALM BEACH COUNTY, FLORIDA Grant of Easement Exhibit "A" Page 1 of 2 LEGAL DESCRIPTION: A PORTION OF LOT 5 BOYNTON INDUSTRIAL PARK AS RECORDED IN PLAT BOOK 25 AT PAGE 232 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE SOI/I/-IEAST ~OR-N-EROF SAID LOT 5, BOYNTON IiNDUSTRIAL PARK AS RECORDED ~ .PLAT BOOK 25 AT PAGE 232 OF!THE PUBLIC RECDRDS OF PALM BEACH C~, FLORIDA; ~NCE S 89:41 10 W ALONG THE SOUTH LINE OF'S~LOT 5 FOR A DISTANCE O1~ 32.77 FEET; THENCE N 43°23 10 E FOR 47.70 FEET: THENCE SOO W FOR A DI:STANCE OF 34.49 FEET TO THE POINT OF BEGINNING. WITI-IIN THE CITY OF BOYNTON BEACH. PALM BEACH COLrNTY. FLORIDA .SQUARE FEET, MORE OR LESS. H~LLER-WEAVER AND Si-IEREMETA. INC. FLORIDA STATE LB. NO. 3449 DANIF~, C. LAAK PROFESSIONAL SURVEYOR AND MAPPER DATED: AUGUST 21,2001 FILE:JS\15056LGLPUB 1.) THIS SKETCH AND LEGAL DESCRIFI~ON DOES NOT REPRESENT A FIELD BOUNDARY SURVEY (~rHIS tS NOT A SURVEY"). 2.) BEARINGS SHOWN HEREON REFER TO THE WEST RIGHT-OF-WAY LINE OF INDUSTRIAL AVENUE HAVING AN ASSUMED BEARING OF NORTH OO~00'00' EAST, PER BOYN'rON INDUSTRIAL pARK AS RECORDED IN PLAT BOOK 25 AT PAGE 232 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. SHEET 1 OF 2 SHEETS Heiler-Weaver and Sheremeta, Inc. Engineers .., Surveyors ... Planners FILE NO. 01-15056.003-SS1 Palm Beach C ouarf 310 Southeast FL, st S~-et. Suite Four Delray Beach. Florida 33483 (561) 243-8700 (561) 243-8777 Fax Grant of Easement Exhibit "A" Page 2 of 2 S 89',4-1'10" .yV 08 - ,4-3 - 4-5-20 -,3£ -000 - 0050 CONTAINING +565 SQ. FT.\ T ~_12 c UTIUIY EASMEN _ SOUTH LINE LOT 5 s ~-8'-~TILIb EASM ENT ..--ACCESS F;OAO R,OHT+< F-WAY FOR 'NTE,q'STATE 95--- .... BOYNTON INDUSTRIAL[ PO. 25 P~', 252 = SOr--~ - ROAD EASEMENT p.S. P&AT BOOK R/W RIGHT--OF'--WAY P,O.8 PO/hiT Of ~E'G/NNING F.h. FOSTER Oil CORPORATION INC. P.O. Box 368 · Born[on Beach Florida 33425-0368 - 319 Industrial Avenue - Bovnton Beach FIc'*da 33426 561 732-2433-Fax 561 736-0401 January 04, 2002 CITY OF BOYNTONBEACH OFFICE OF THE CITY ATTORNEY 100 E. BOYNTON BEACH BLVD PO BOX 310 BOYNTON BEACH. FL 33425-0310 Dear Mr. Tolces, We have reviewed the Sidewalk Construction Agreement and the Easement. It appears everything that was agreed upon has been included in your agreement. I am sending the signed documents along with a copy of our corporate resolution. If you need anything further please feel free to call me. Sincerely, Klm J. Gaylord Secretary/Treasurer KJG Eno: MINUTES OF JOINT MEETING OF SHAREHOLDERS AND DIRECTORS OF F.H. FOSTER OIL CORPORATION, INC. A Special Joint Meeting of the Shareholders, Directors and Officers of F.H. Foster Oil Corporation, Inc. was called to order byLynne M. Foster, President and Director of the Corporation on January 4, 2001 at 11:00 A.M. The meeting took place At 319 Industrial Avenue, Boynton Beach, FL. The final Sidewalk Construction Agreement and Grant of Easement from the City of Boynton Beach dated December 27, 2001 was reviewed. The City of Boyaton Beach needs the southeast comer ofour property to complete the drainage improvements In the Industrial Park as well as m install a sidewalk down Industrial Avenue. We are granting them a non-exclusive perpetual eas~ement for the pm~,ose: 0f~99~ustrucfion;, installation and maintenance of mtmieipat £aeitities;~ incl~ding~ sidewalk_ The City of Boynton Beach has agreed that in exchange for the USe of the Southeast comer of our property they will do the following: (a) ReplaCe ihe fence from the South gate ~r0Und to the exiSting:gate ~at the North end of the property.. (b) They will plant shrubbery and sod as required by City code along the triangular easement. (c) The CiW will inst~l irrigation within the easement for us to later hook Up tO ii' our~irrig~ii0'n is ~i0t ~)et in before they ~omplete their Work. (d) ghe citY~ :rel0¢ate the b~kllow Prevem~ to the West of the South gat~ sc/that:0m- ~vewa~ will not h~ve to be torn up. The city will also perform the backflow inspection at no cost to us. It was RESOLVED to sign the Sidewalk Construction Agreement and the Grant of Easement, copies of which are attached. Dated this 5tf~,,day of January, 2002 Directors l.~fnne M. Foster Shareholders I~e M. ~ost~as Trustee of the Lyrme M. Foster Trust U/AdD 6/7/96 Kin~. Gaylor ,~ecr~ary e M. Foster, as-"T'rustee oft~e Francis H. Foster, Jr. U/A/D 11/23/93 VII.-CONSENT AGENDA RESOLUTION' NO. R02 ITEM C,7 A RESOLUTION OF THE CITY COMMISSB CITY OF BOYNTON BEACH, FLORIDA. RATIFYING THE ACTIONS TAKEN BY THE SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ON JANUARY 17, 2002, AS SET FORTH IN EXHIBIT "A" ATTACHED HERETO: AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE SAID RATIFICATION: AND PROVIDING AN EFFECTIVE DATE. WHEREAS, The South Central Regional Wastewater Treatment & Disposal Board (SCRWTDB) requests ratification of the action taken by the Board at the Quarterly Meeting of January 17, 2002, as set forth in the attached Exhibit "A"; NOW, THEREFORE; BEIT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The City Commission of the City of Boymon Beach, Florida, does hereby ratify the actions taken by the South Central Regional VCastewater Treatment & Disposal Board on January 17, 2002, as set forth in the attached Exhibit "A''. Section 2. This Resolution shall take effect immediately upon passage. PASSED AND, ADOPTED this day of February, 2002. CITY OF BOYNTON BEACH. FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner rTEST: ~'ity Clerk :¢akReso~SCRWTD 4)11701 EXHIBIT "A" Authorization to renew contract with New Look Lawn Services dated March 1, 2000, ~'~ for the sum of $1.400 per month for the length of the contract in the north area and an additional sum of $'1,000 per moron ~eng~h of the contract in the south area; Auth0nfanon to, enter mtn0: ~ Contract ~th,.~ow, Bmlding & Maintenance, [ne, .d,3. ted March 1, 2000 for the~ s~ of $'310~.0q per month for jarfitorial serwces; Authorization to rescind funding portion of board action of July 19, 2001 to expend .$;156~5~00.frgm~ep~ & r~emenk~furo, d:,~ pay $gRWT&DB'S share of,de. Sign/ag.~ d*e .m~. ~it~ng,Ph~:~¢.~sgg~s pelle~i0n prOject; 4. Authorization to-e~p~nd $9~000 ~on~.[epgir & replacement funds to install permanent.hurricane shutters on screening and.Chemic{flb~,ldings; Authorization to expend $ !4,000 from repair & replacement fund to clear invasive growth from' perimeter fence plus repair fence a~d install three strand barb wire where necessary; Authorization to expend $7,500 from repair & replacement fund to install isolation circuits to P.C.'s in administration building; Authorization to expend on an emergency basis $6,000 from repair & replacement funds to purchase reclaimed flow meter replacement kits at each golf course; Authorization to expend $10,000 from repair & replacement funds on an emergency basis to replace operator interface board and wear nng on centrifuge "B"; Authorization to expend $5,000 from repair & replacement fimds on an emergency basis to replace motors & bearings on both Grit classifier pumps; 10. Authorization to expend $3,800 on an emergency basis from repair & replacement funds ro replace clutch on John Deem Tractor; 11. Authorization to expend $2,653.00 on an emergency basis from repmr & replacement fimds to replace plant influent meter transmitters; 12. Authorization to accept Hazen & Sawyer's preliminary design report task order BOARD City Couucil Members of Boy~ton Beack & Delray Beach SOUTH CENTRAL REGIONAL WASTE~_~TER TREATMENT AND DISPOSAL BOARD 1801 North Congress Avenue · Delray Beach. Florida 33445 Telephoue (561 272-7061 561 734-2577 Fax: 561 265-2357 E-maih scrwv~p@Lx.netcom.com MEMORANDUM TO: FROM: DATE: RE: Janet Prainito CITY OF BOYNTON BEACH Mary Ann Shumilla '" January 18, 2002 RATIFICATIONS FOR SIGNATURE Attached are Ratifications from the Quarterly Annual Meeting of January 17, 2002 which require signatures. Would you place these on the Agenda for your next Commission meeting. Would you contact me at 272-7061 when the Ratifications are executed. Thank you. RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AN D DISPOSAL BOARD ACTION OF JANUARY 17, 2002 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did Oc n January 17. 2002, by a vote of 8-0, approve AUTHORIZATION TO RENEW ONTRACT WITH NEW LOOK LAWN sERvICEs DATED MARCH 1~ 2000 FOR THE SUM OF ~; 1.400. PER MONTH FOR THE LENGTH OF THE CONTRACT INTHE NORTH LENGTH OF THE WILL BE IN EFFECT FOR FINAL TERM. W~E.~EAS. sa~d Board action requires ratification by the City of Boynton Beach and ~h~C~ty of Delray Beach. .-'REFORE, the City of Boynton and the City of Dehay Beach hereby ratify said action~independ~ntly· : The above action is hereby ratified in open session by the City of Boynton Beach this day of , by a vote. CITY 0 F BOYNTON BEACH By: Mayor City Clerk Attest: Approved as to form: City Attorney RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JANUARY 17, 2002 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on January 17, 2002, by avote ofS-O;rapprove AUTHORIZATION TO ENTER INTO CONTRACT WITH AAROW~ BUILDING & MAINTENANCE~ ~!NC. DATED MARCH 1, 2000 FOR THE SUM OF ~310.00 DOLLARS PER ~M~NTH FOR JANITORIA~ SERVICES. CONTRACT WILL BE IN EFFECT FOR FINAL TERM. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of ~Delray Beach~ NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify said Board action independently. The above action is hereby ratified in open session by the City of Boynton Beach this day of , , by a vote. CITY OF BOYNTON BEACH By: Mayor City Clerk Attest: Approved as to form: City Attorney RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JANUARY 17, 2002 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on rove AUTHORIZATION TO REClND AND DESIGN :ratify The above action is hereby ratified in open session by the City of Boynton Be~ch this' · , by ,a vote. CITY OF BOYNTON BEACH By: Mayor City Clerk Attest: Approved as to form: City Attorney RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JANUARY 17, 2002 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did o~n January 17, 2002~ by.a vote of 8-0, approve~AUTNORIZ~4TION TO EXPEND 9,000 F'ROM REPAIR .~ & ~REPLACEMENT FUNDS TO INSTALL PERMANENT HURRICANE SHUTTERS ON SCREENING AND CHEMICAL BUILDINGS. ~JOW, ~THEREFOR~, the City of Boynton and the City of Delray Beach hereby ratify aid Board action independently. The aboveaction is hereby ratif ed in open sess on by the City of Boynton Beach this day of , by a vote: CITY OF BOYNTON BEACI~ By: Mayor City Clerk Attest: Approved as to form: City Attorney RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JANUARY 17, 2002 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did vote of 8-0, a WIRE WHERE;NECESSARY. Beach. requires ratification' The above action is hereby ratified in open session by the City of Boynton Beaoh thi~ day of , , by a vote. CITY OF BOYNTON BEACH By: Mayor City Clerk Attest: Approved as to form: City Attorney RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JANUARY 17, 2002 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on January 17, 2002; by a vote of 8-0, approve AUTHORIZATION TO EXPEND ~7.5~00 Ft~OM REPAIR & REPLACEMENT FUND TO INSTALL ISOLATION CIRCUITS TO P. C. 'S IN ADMINISTRATION BUILDING. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE. the City of Boynton and the City of Delray Beach hereby ratify said Board actionindependently. The above action is hereby ratified in open session by the City of Boynton Beach this. day of ., by a vote. CITY OF BOYNTON BEACH By: Mayor City Clerk Attest: Approved as to form: City Attorney RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JANUARY 17, 2002 WHEREAS, the South Central Regional wastewater Treatment and DisposalBoard did on January 17. 2002, by a vote of 8-0, approve AUTHORIZATION TO EXPEND ON AN EMEF~GENCY BASIS .~6,000. FROM 'REPAIR'& REPLACEMENT,FUNDS TO PURCHASE RECLAIMED FLOW METER REPLACEMENT KITS AT EACH GOLF COURSE. Board action requires rafificationby the City ef,Boynton, Beach and NOW, THEREFORE, the City of Boynton and the City of Del~ay Beach~ hereby ratify said BOard aCtion independently. The above action is hereby ratified in open session by the City of Boynton Beach this day of , , by a vote. CITY OF BOYNTON BEACH By: Mayor City Clerk Attest: Approved as to form: City Attorney RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JANUARY 17, 2002 WHEREAS. the South Central Regional Wastewrater Treatment and Disposal Board did on January 17, 2002, bya vote of 8-0, approve AUTHORIZATION TO EXPEND ~10.000 FROM REPAIR & REPLACEMENT F[JNDS ON AN EMERGENCY BASIS TO REPI. ACE OPERA TOR INTERFA CE BOARD AND WEAR RING ON CENTRIFUGE "B': WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton and the City of Delr,ay Beach hereby ratify said Board action independently. The above action is hereby ratified in open session by the City of Boynton Beach this' day of , by a vote. CITY OF BOYNTON BEACH By: Mayor City Clerk Attest: Approved as to form: C_ity Attorney RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JANUARY 17, 2002 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did ore AUTHORIZATION TO EXPEND ~ EMERGENCY BASIS 7'0 and is hereby ratified in open session by the City of Boynton Beach this. ,. , by a vote. CITY OF BOYNTON BEACH By: Mayor City Clerk Attest: Approved as to form: City Attorney RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JANUARY 17, 2002 WHEREAS, the South Central Regional Wastewater Treatment and DiSposal Board did on January 17, 2002, by a vote of 8-0, approve AUTHORIZATION TO EXPEND · ~3,800 ON AN EMERGENCY BASIS FROM REPAIR & REPLACEMENT FUNDS TO REPLACE CLUTCH ON JOHN DEERE TRACTOR. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify said Board action independently. The above action is hereby ratified in open session by the City of Boynton Beach this day of , by a vote. CITY OF BOYNTON BEACH By: Mayor City Clerk Attest: Approved as to form: City Attorney RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JANUARY 17, 2002 WHEREAS, the South Centra Regional WI ~ a Vote ' TO ires The above action is hereby ratified in open session by the City of Boynton Beach this day of · I~y a vote. CITY OF BOYNTON BEACH By: Mayor City Clerk Attest: Approved as to form: City Attorney RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JANUARY 17, 2002 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on January 17, 2002, by a vote of 8-0, approve AUTHORIZATION TO ACCEPT HAZEN & SA WYER'S PRELIM/NARY DESIGN REPORT TASK ORDER. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREI=ORE, the City of Boynton and the City of Delray Beach hereby ratify said Board action independently. The above action is hereby ratified in open session by the City of Boynton Beach this day of , by a vote. CITY OF BOYNTON BEACH By: Mayor City Clerk Attest: Approved as to form: City Attorney Requested City Commission Meeting Dates Noveanber 20. 2001 [] December 4, 2001 [] December 18. 2001 [] J~muaxy 2, 2002 VII.-CONSENT AGENDA ITEM C.8 CITY OF BOYNTON BEACH AGENDA ITEM REQ~ST FORM Date Final Form Must be Turned in to City Clerk's Office Novcml~ 7, 2001 (5:00 p.m.) Novetaber 21, 2001 (5:00 p.m.) December 5, 2001 (5:00 p.m.) December 19, 2001 (5:00 p.m0 Requested City Commission Mee~g Dates [] lantmpy 15,2002 [] February 5, 2002 [] F~4xuary 19. 2002 [] March 5. 2002 Date Final Form Must be Turned in to CiW Clerk's Offico Janua~ 3, 2002 (5:00 p.m.) lanua~ 16, 2002 (5:00 p.m.) Fobruai~ 6, 2002 (5:00 p.m.) F~bmar7 20, 2002 (5:00 p.m.) NATURE OF AGENDA H'EM [] Administrative [] - Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfmished Business [] _~amouncement [] Presentation [] City Manager's Report RECOMMENDATION: Motion authorizing the Mayor to sign an Agreement for Stormwater Outfall Improvements with the Silverlake Property Owners Association, and denying a request to fund additional, on-site improvements. EXPLANATION: At the regular City Commission meeting of June 19, 2001, the Commission agreed to fund stormwater improvements for the Silverlake Property Owners Association including an outfall pipe and a control structure, as that stormwater drains from the POA's lake into the L-27 Canal (LWDD). A copy of the agreement between the City and the POA is attached hereto. Subsequent to the City drafting this agreement and sharing it with the POA, they have also asked the City to do some additional work with the control structures, measurement gauges and the eastern outlet line within their lake. Staff is recommending against this additional work on their private property. PROGRAM IMPACT: As it stands now, the project will cost the City approximately $35,000.00 to complete as originally agreed to. The specific improvements identified in this agreement include a new oUtfall pipe and a mechanical ouffall control structure within the L-27 canal. This will help the POA control high water incidents within their private lake. S:~BULLETI]V~ORMS~AGEIqDA ITEM REQUEST FORM.DOC (~ ' · CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM FISCAL IMPACT: Funds are available in account no. 401-2824-536-46-44 for these improvements. 1) ~ Not to do the improvements as or g nal y ag reed to. 2) To do the improvements ~ that have,been asl~ed roI the additional improvements City~Menager's Signature Utilities Department Department Name City Attorney / Finance / Human Resources RESOLUTION NO. R 02- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH. FLORIDA. AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE A AN AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND SILVERLAKE PROPERTY OWNERS ASSOCIATION, FOR STORMWATER OUTFALL 12ViPROVEMENTS: AND PROVIDING AN EFFECTiVE DATE. WHEREAS. the City Commission at their meeting of June 19. 2001, agreed to fund stormwater improvements for the Silverlake Property Owners Association, including an outfall pipe and acontrol structure; and WHEREAS, the parties have negotiated terms and conditions of this Agreement; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF FHE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boymon Beach, Florida does ereby authorize and direct the Mayor to execute an Agreement between the City of Boynton Beach and Silverlake Property Owners' Association, a copy of said agreement is attached hereto as Exhibit "A." Section 2. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of February, 2002. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk :a ~reso~agreemen ts~S ilv er lake Agr AGREEMENT FOR STORMWATER OUTFALL IMPROVEMENTS RESOLUTION EXHIBIT THIS AGREEMENT is entered into,this day of 2001 between the CITY OF. BOYNTON BEAC~I, iFLO~IDA (hereinafter City) and THE 'OWNERS' ASSOCIATION JAN 1 1,2002 ESTATES OF SILVERLAKE PROPERTY INCORPORATED (hereinafter Silveflake). WlTNESSETH: WHEREAS, Silverlake requested assistance from the condition of and making improvements to a mechanical outfall device (hereinafter outfall) regulating the stormwater- retention,lake owned by Silverlake and. eormected to the public stormwater control canal, commonly referred to as the L-2~? Canal~ and WHEREAS, the City Commission of the C£ty Of Boynton Beach. authorized the City Utility Department to design and construct or modify an outfall; and WHEREAS, the parties have negotiated terms and conditions of the City undertaking the design and improvements; and WHEREAS, Silverlake has agreed to assume maintenance of the outfall following completion of the improvements and to indemnify the City in the event of claims or action arising fxom the design and construction or modification of the outfall; NOW, THEREFORE in consideration of the mutual covenants expressed herein the parties agree as follows: 1. Th-~ foregoing WHEREAS clauses are tree and correct. 2. Each party hereto has legal authority to enter into this Agreement and to bind its heirs and successors to the obligations expressed herein. 3. The City shall: S:\CA\AGMTS~Revision No 2 - 01 [ 102.rff A. Provide the design for the reconstruction of the outfall which cormects the stormwater retention lake owned by Silverlake to the Lake Worth Drainage District L-27 Canal. The location of the outfall is depicted on the survey drawing attached hereto as Exhibit "A". The design Will be limited to reconstruction of the outfall to original permit standards. B, Reconstruct the outfall referenced in paragraph A. Assume or pay for the costs of design and construction as set forth m paragraphs A and B up to an mount which does not exceed $65,000. D. Coordinate with Lake Worth Drainage District during the reconstruction period to insure their construction standards are met at the L-27 Canal. E. On completion of the improvements, provide written confirmation that the outfall is set at desimn/permit standards. F.Provide Silverlake with a copy of the Contractors' proposals. 4. Silverlake shall: A. Accept by written acknowledgc~nent the reconstructed outfall, within t:n (~.~) thirty (30) days of completion of the improvements. Acceptance shall be in writing, sigaed by the President of Silverlake on a form acceptable to the City Attorney o f City. __ S:\CA\AGMTSXRevision No 2 - 011102.rtl C~.B Provide written confirmation that the second out/all from the I stormwater retention lake owned by Silverlake and located on the eastern portion of the lake is set at design/permit star~dards. tXC_ Clean and.maintain that portion of the outfall: structure outside of the L-27.right-of-way. ~..D Ausjam: cr ~aS' Pay for the costs of design and construction as set I forth in paragraphs A.and B-, in.any~amount that exceed~s ~65,000. 5. Silverlake acknowledges and assumes alt l~ab(![~r risk associated with the design and reconsu'uction of the ouffall, including, but not limited to the potential for back-flow from the L-27 Canal, the back-flow or intrusion of aquatic weeds or other vegetation into the Silvertake stormwater system, and damage to real or personal property within the Silverlake subdivision. 6. Silverlake, following reconstruction of the out/all assmes ownership of the outfall and shall thereafter maintain the out/all at its own expense to design~permit standards. 7. Silverlake agrees to protect, defend, reimburse, indemnify and hold the City, its agents, employees, elected officers and representatives and each of them, free and harmless at all times from and against any and all claims, liability, expenses, losses, costs, fines and damages, including attorney's fees, and causes of action of every kind and character against City by reason of any damage to property or the environment, economic losses, or bodily injury (including death) incurred or sustained by any party hereto, or any party acquiring any interest hereunder, any agent or employee of any party hereto or of any party acquiring any interest hereunder, any third or other party S:\CA\AGMTS~Revision No 2 - 0l 1102.rtl whomsoever, or any governmental agency, arising out of or in incident to or in connection with City's performance under this Contract, the condition of the premises, City's acts or omissions or operations hereunder, or the performance, non,performance or purported performance of the City of any breach of the terms of this Agreement. Silverlake further agrees to hold harmless and indemnify City for any fines, citations, court judgments, insurance claims, restoration costs or other liability resulting from its activities on the project, whether or not Silverlake was negligent or even knowledgeable of any events precipitating a claim or arising as a result of any situation involving City's activities. 8. This Agreement will be governed by the laws of the State of Florida and venue of any action shall be in Palm Beach County, Florida. 9. In the event that either party brings suit for enfomement of this Agreement, the prevailing party shall be entitled to attorney's fees and costs, including paralegal fees, in addition to any other remedy afforded by law. 10. This Agreement together with the attached Exhibits, represents the entire agreement between the Parties and supersedes all pnor negotiations, representations or agreements, either written or oral. 11. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same insmnnent. 12. The Parties agree that each requirement, duty and obligation set forth herein is substantial and important to the formation of this Agreement and, therefore, is a material t,tm hereof. Failure of either parry to insist upon strict performance of any provision or S:\CA\AGMTS~Rcvision NO 2 - 011 t02.rff condition of this Agreement, or to execute any right therein contained, shall not be construed as a waiver or relinquishment for the future of any such provision, condition, or right, but the same shall remain/n full force and effect. . 13. ,The Parties shall comply with all federal, state, and locol laws, codes, ordinances, roles and regulations in performing its duties, responsibilities and obligations pursuant m this Agreement- S :\CA~AG-MTS'd~.evision No 2 - 01 1102.rtf WITNESS WHEREOF, the parties have hereumo set its authorized hand this __dayof ATTEST: ,2001. Janet Prairdto, City Clerk (City Seal) APPROVED AS TO FORM: CITY ATTORNEY WITNESSES: CITY OF BOYNTON BEACH Gerald Broening, Mayor ESTATES OF SILVERLAKE PROPERTY OWNERS' ASSOCIATION BY: STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH) ON THIS day of notary public, per_s_ onally appeared 2001, before me, the undersigned ., as PRESDENT of ESTATES OF SILVERLAKE PROPERTY OWNERS' ASSOCIATION. and is the person who subscribed to the foregoing immanent and who acknowledged that he executed the same was duly authorized to do so. S :\EA\AGMTSX, Revision No 2 - 01 l 102.rtl Personally Known __ OR Produced Identification T~pe of Identification Produced IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission Expires: NOTARY PUBLIC Print or Typ/e,Name ~:\CA\AOMTSkRcvision No 2 - 01 1102.rtl MEMORANDUM Utilities #01-290 TO: FROM: Kurt Bressner, City Manager Mark O. Law, Deputy Utilities Director THROUGH: Dale Sugerman, Assistant City Manager January 3, 2002 SUBJECT: Silverlakes Stormwater Improvement- L-27 Canal On December 27, 2001, I met with Mr. Bil~ Plum, the current President of the Silverlakes Homeowners A~soeiation, and Mr. Jerry Church, the ProfessionEng/neer representin the Homeowner~ g.~s0cia~on. At that meeting several issues were discussed and o~'gmed as follows: Agreement for Stormwater Improvements as Prepared by the City Attorney This agreement was forwarded to the Silverlakes Homeowners Association on November 1, 2001, for review and consideration. This agreement was returned to me on December 27, 2001, with a verbal request for minor changes. Those changes were noted and will be returned to the City Attorney's Office for the necessary revisions. After discussion with both gentlemen, I have no objection to the minor revision requested. It was my understanding that with these revisions, the Homeowners Association would have no objection to proceeding with the /mprovements that are currently authorized. Additional Improvements to the Silverlakes Stormwater System In my meeting with Mr. Plum and Mr. Church on December 27, 2001, they indicated that they were interested in making additional improvements to the stormwater system within the comm~lnity. The estimate to complete the project as currently authorized, including engineering cost, is $30-$35 thousand dollars. They have requested that additional improvements be authorized up to the $65,000.00 limit established by Commission action. Those additional improvements are outlined in the engineer's report from Mr. Church (see attached), and Include replacement of both weir structures in the on-site lake. Mr. Church h~q estimated the installation of the new smacmres at $25,000.00 total. Kurt Bressner Page 2 January 3, 2002 Considering the location of these weir structures and the poor accessibility of both. the restoration cost m enter these prope~ies could h,e~sigrd~eant. The Utilities Depamuem cogs~ders the weir structures as part of the private stormwater system of Sllyerlalce, s and as such we do not~ h~,v~ the anthonty, to .authorize the additional improvements. We ~1 not pro~¢~ed' ~::the additional improvements unless so directed and authorized. Status of Currently Authorized Improvem~ls,~,;~ the Costa prices We have Engineering /gb X¢.' Dale Sugerman John Guidry Paul Fleming Mark Bobich Gerald B. Church, P.E. Consulting Civil Engineer ~.030 S. Federal Highway, Suite :L1.8 Delray Beach, FI 33483 Ph/Fax (561) 266-9520 December 2I, 2001 Mr. Bill Plum, President The Estates of Silverlake Property Owners' Association Incorporated 2310 SW 23ta Craubook Drive Boynton Beach, FI 33435 Subject: Silverlake Drainage Dear Enclosed is a copy Bill W'mters reply to our letter of December 19, 2001. H/s ~s,- concern is that any operation of the control structure must be author/zed by Lake Worth Drainage District. For your information I comacted a utilities contractor about the estimated cost ora control structure. A safe estimate is $12,500.00 each, in place. The drainage system in place for Silverlake is considered adequate for design storm up to the 100 year, three day event. It was brought out thai there were several homes, which flooded during astorm about 20 years ago. It was dctermi~ed that the subdivision to the west had flooded and overflowed into Silverlake. This problem was corrected when the perimeter berm on the west property was re, tiered. It is suggested that periodic checks be made along your west boundary, preferably during a s~onn event,, to ensure that there is no drainage runoff onto your development. When your smwmresare replaced, the control elevation will be 9.50', as based upon the SFWMD p~uiit. That means your lake ~ have to rise to that elevation before there is any discharge, except for that amount discharged by the bleeder. Also there w/Il be minimal back flow from the L-27 Canal during dry periods since it is expected that the normal level of your lake will be higher than the canal. The probably high water lake level during normal times may reach 9.00' Enclosed is aa invoice. Th~nlc., for the oppommity to be of service. Sincerely, Geral.d.B. Church, P.E, Consulting Civil Engineer 1030 S. Federal HighWay, SUite 118 DelmY Beaoh, Fi 33483 ph/Fax (56~t)266~9520 December 19, 2001 ~a~' William W'miers, P.E. , er, Lake Worth D~ainage District 13081 N. Military Trail BE: SILVERLAKE DRAINAGE IMPROVEMENTS GOLF ROAD, BOYNTON BEACH De=Bill; Inch?d is a summary of thc proposed drainage improv .e~nents for .Silv?ake. ~ . sddition to tho outfi~l structure that the City o£Boynton has cormmtted to construct, mere are othor r~e~8~ in~.pr°Vernents to ~e, e~as~ cobol struetur.es ~.d out.~ ~ lines. ~ proper functioning a~d operation Of'the control structures has been described: consistent with the Lake and elevations will ~ d~a/nage system. Upo~ receipt ofyour t Owner'S ~ request the Oty of Boynton Beach to Yours tnfly, Gerald B. Churel~ C: Bill Phun LAKE WORTH DRAINAGE 13081 Mh, J T.a~'Y TSNN C.. $~ we~ver John i. Wh~wo~lh Ill Ro~d L. C~ne Pe~ry & Kern. PA. i-16~2D,02 ~ to the atiaehed correspondence as 2001. We do howev~ wot~ b~n$ stst't~d. We al~o requ/~ that If you ~ve any question% p[e. ase call. Shl~'dT, LAKE WORTH D~. LNAGE DIST~CT WOW:jma c: Kevln C. Wl~he, LWDD W~I~ wv~v. LWl3D~lef SILVERLAKE DRAINAGE AGREEMENT FOR STORM WATER OUTFALL IMPROVEMENTS BETWEEN CITY OF BOYNTOM BEACH, FLORIDA AND THE ESTATES OF SILVERLAKE PROPERT~ OWNERS' ASSOCIATION INCORPORATED DESCRIIrTION OF APPROVED DRAINAGE SYSTEM The South l~lorida W~ Management District approved the construction and operation of a drainag~ System s~rving 87.6 acres of residential development by swales, s~orm drains, ~ retention lake and a contra structure limiting diseharg° into the LWDD L-27 Canal. This Canal discharges water easterly to the LWDD C~ E-4 and final ouffall into SFWMD C-16 Canal. control tevel, the maintained level of the L-27 Canal. I COnditions. The9.0' level is rthe a~ level is 3" or 4" below the The approved control structure weir was 9.5' and there was a 2~' bleeder set at 9.0' to equaliz~ the lake and eanaI level after storm periods. permit, dated July 14, 1977, the designed Silverlake lake. When the take level reached runoffflow to the L-27 Canal. In the eyent ~a~the L-27;Canal kept rising above the established oontrol level of the take, then a~?erSal~offl0w~w0~utfl occur when the level of the canal exceeded that of the lake. According t0 the p~ thi~,was expected:to happen during 25 year, three day sto m od, d relieve flow, s in the al. Tha lake 1.ev~! wOul~ to 1.3.00'., Intheevent ora 100 year, three dt~y storm event, *he lake would me to 13.70', whleh is approximately 4" below minimum floor level ell4:00 feet in Silverlake. The $~ permit required that the Silverlake Property Owners Association assume responsible for the operation and maintenance of the surface water management system. At the ~e ofdevelopmer~, the City. Engineer 0fthe City of Boyntou Beach requested and had ~eda 36"~ line to discharge from the lake to a canal in Golfvi~ ~o, ur, east 9f ~Cxmgre~i Avenue., The purpoSe:Was to periodically flush the existing earl end canal'for moSqtiiio COntrol purposes." DRAINAGE OBSERVATIONS The prop~oWners ~ t~,~ outlet to the L-27 Canal was blocked for past 20 years, caused by a ttuct~or dural:ting/~ load of dirt over the end of the outlet pipe. There was an intense storm on February 2000. The lake level rose 44" according to a measurement made by a homeowner. There was no flooding in $ilverlake, however Golf .~,~ ...... ~,~,~,~J~ Th_ ~__~_.~ drainage ~m'oblem was atttibmed· to the stow, release, of the of storm drainage from ti~e:tske i~ the'l-~27 Can~il. it''wa~ ~houl~!it that tho outlet dr~g.ip~i:~:.::/:.- ttCP, was blocked, and there was no flow betwee~a the lake and e~l. from tO restore outfall between the Estates of ~ ed in The dean and Th~ /hamed into slots SYSTEM. Thee ~e the slots in ouffall structure to the L-27 are formed concr~e slots and the other out~ suucmre to Congress Avenue, has metal channel slots, Both structures are open at the top, though loose planks may have been used to cover the openings when originally designed. There is no evidence of a bleeder, since the plarflcs may have been lowered below the bleeder control elovatior~ Both control structures are in poor condition and are not of a contemporary design. Based upon the above findings, it is recommended that the AGREEMENT BE AMMENDED by incorporating the following work to be made by the CITY: Replace the existing control structures in the lake with concrete structures with an enclosed aluminum slide gate, operable by a wheel and stem riser, complete with locking chain; Install a rectilinear~ .... galvanized steel grate over the entire o~penmg and leave a 6" inverted triangulctr opening in the weir plate at 9.0; the maintained control level for the Z-27 Canal. The pro?sod agreemenk Para 4. B. and 4.C. requires that the Sflverlake Property Owners Association provide wri~ c~nfirmation that the ouffall structures are set and maimained a~ elevations in accor~d~ w~th the approved permit issued by South Florid~ Water Management District., ~ order.to do this, it will be necessary to monitor the water level at the.control structures and in the canal. In the event of an ~nfieip~ted storms it would be poss~le to lower the lake level, allowing for additional runoffretention. It is re~ommended~that tho ~A~__REEMENT BE AMMENDED by incorporating the following each control ~ru¢~re and at the £ ,27 Caz~d, 'a total of three gange~ The proposed.~ ~agr~en :t,. Para 6: B. requires that upon construction and acceptance of the proposed ~, that tho~ ~?!? Proporty Owners Assooiatkm asSUme ownership and maintenance O£the %utfa~_l'? This has been interpreted to ,mean tho control structure and the ouffali drain line~.. It is essential that the ouffall drain lines be in good and sound [ed"~ the ACrRE~ BE AMMENDED by ~ the CITY': Flush arm clean the tm{fall Zanal and frorn th~ east control sound condition, repair .,.,;~.e.Aw' VI'-CITY MANAGER'S REPORT. CITY OF BOYNTON BEACH ITEM C AGENDA ITEM REQUEST FORM Reauested City Commiss on Date Final Form Mus[,be T?¢ed Meetinu Dates ' ' in to C~t~ CleriCs Offfc~'~ :z R~ Ue~te~c~ ~C ~ ~ ~ ,nk-n, !ss~9~ ~ DaSe ~t;l[g.r~ gust ]~ March 20. 2001 1-- April3.2001 [] April t7.200I_ [] May 1,2001 March 7. 2001 (5:00 p.m.) [] Mai 15.2001 March 21. 2001 (5:00 p.m.) [] 1une 5,,2001 ApnlA 2001 5:00p. m.) ,~ June 19 2001 ApnI I8, 2001 5:00 p.m.) [] July 3. 21301 ';7 May 2. 200I ~5:00 May 16i20~1~ ~5:00'~ ~. NATURE OF AGENDA ITEM ['- Adminislzative [] ConSent Agenda [] PubliL Hearing [] Bids [] City Manager's Report RECOMMENDATION: City Manag~T seeks policy direction from the City c°mrmssmg to anthorize the city Staf~ t° design and build an emergency storm water outlet to the Lake Worth Drainage Disn'ict (LWDD),Canal #27 north of the subdivision. Silverlake Estates is a 169 home Single-family develoi~ment located at the s0t/th~vest colT/er of Golf Roa~ and Congress Avenue. The subdivision was ongthally approved in 1977 and conslx,acted shortly thereafter. disrupted ~ repai~ work to the existmgt pursuant ro an a does not have the demonstrated. The ouffall authorize this was blocked in the late storm water ouffall restored to assure Congress Avenue becomes disrupted or blocked. from flooding of an existing drainage 'ouffall ~pipe that was apparently r within the,right-of2~v~y ~3f EWDD Cg~al,#27: ,Any incidental ; baking the second ~.e main t~uffall east to PROGRAMIlVIPACT: None. Slaffhas design resources to handle the project m coordinate with homeowners association and secure pennits from LWDD. FISCAL IMPACT: Estimated to be $65,000 for the public fight-of-way portion of corrective work inclusive of engineering costs. The cost o'f corrections, if requireck to the homeowner assoeia6on's portion of 36 inch ouffall pipe ts unknown until site is inspected. A follow-up report with a draft agreement be~veen City and homeowners associaiton will need to be prepared and submitted to the City Comm~sston and review. Esnmated timeline is 60 to 75 days. ALTERNATIVES: Status quo leaving the subdivision with one ftmcti~7?/~lL Department Head's Signarare CRy Manager's Signature Depanmem Name S:\BULLETIN~FORMS~AGENDA ITEM REQUEST FORM.DOC City Attorney / Finance / Human Resources OFFICE OF THE CITY MANAGER I O0 E. Boyr~on Beach Boulevard P.O. BoX 3t0 Boyntor~ Beach, Florida 33425-0310 City Manager's ~gffice : ~56 I ) 742-60I 0 ~'.4X: [561} 742-601 i e-mail; coy. manager~ui, boynton-beach.fi, us ~ uauw. ci.boyr~lon-beach, fl.u$ Tol From: Date: Subject: City Commission Kurt Bressner, City Manager lune t I, 2001 Cranbrook Lakes Estates (Silverlake Estates) - Emergency Stormwater Outfall Summary of Request: City Manager seeks policy direction fi.om the City Commission to authorize the City Staff to design and build an emergency storm water outlet to the Lake Worth. Drainage District (LWDD) Canal #27 north of the subdivision. Silverlake Estates is a 169 home single: family development located at the southwest comer of Golf Road and Congress Avenue. The subdivision was onginaily approved in 1977 and consmacted shortly thereafter. The scope of work involves the re-connection of an existing, drainage outfall pipe that was apparently disrupted years_ ago. The work would be on public property within the right-of-way of LWDD Canal #27. Any incidental repair work to the existing, blocked outfall pipe on private property, would be paid for by the homeowners association pursuant to an agreement between the City and the homeowner's association. The City staff has determined that the City does not have the administrative authority to make this repair because the public benefit to the City has not been demonstrated. Theoutfall pipe serves the subdivision only. The City Manager believes it is in the City's best interest to authorize this work which will restore a second storm water outfall fi.om the subdivision. This was originally constructed but was blocked in the late 1970's or the 1980's by parties unknown. The homeowner's association desires having the second storm water ouffall restored to assure protection of the subdivision fi.om flooding in the event that the main outfall east to Congress Avenue becomes disrupted or blocked. In early t999, representatives of the Silvertakes homeowner's association contacted the City staff about restori,ng the north storm water ~utf~ 1: The homeowner's association had alleged that the' City either caUSed 0rhad knowledg~ of btockifig the north ontfall. [ was unable to ascertain the validity of this claim other than to confirm that the north outfall was blocked and-that it once did exist. The north outfall was constructed as part of the original permit and subdivision improvements in 1977. The permitted plans showed an east outfall between Lots 14 and 15 and Lots 20 and 21. This ouffall drains into a storm drain in Congress Avenue and then:drains into a canal system east of Congress in Golfview Harbour. A weir deVice:that!then allows excess storm Water to drain easterly via a 30 "storm sewer controls the flow fi.om the subdivision via the east outfall. The second ouffatl is the one that was blocked. This was constructed between Lots 80 and 81 and Lots 70 and 71. The water drained north toward Golf Road and entered LWDD Canal #27. The water drained easterly along Golf Road then crossed under Congress Avenue. The original pipe as designed was a 36" storm sewer. Again the outfall flow was controlled.by the use ora weir device. From the original plans, the east outfall was the secondary ouffall With an invert elevation of 6.5 feet while the north (blocked) outfall was set at 6.0 feet. Pre~ engineering work by staff indicates that because the bottom of LWDD Canal #27 has risen since 1977, the north outfaI1 cannot be retained at 6.0 and that it must assume the role of a secondary or the :- homeowners. The discussion with the homeowners and the City staff has extended to today. The staffp6~ition is that the City has no responsibility to restore the outfaI1 and: ' that tiffs is essentially a private between the homeowners association and the LWDD. I donot agre~e with this determ~n~.~a:~on and believe that the Ci has a responsibility to act On b.e~h, glf pf ~'h0~g.~wners restoratton of the n~Ynh ouffall. In order to do this; however, the C~ty Commission must b<~ ~l~d to make a policy decision to authorize the staffto design a fix to the blocked storm water outfall. I submit for your consideration the following in support of a policy decision to authorize the City staff to design and instali a new c0rmecti6n link to restore the north ontfatl:' 1. The north outfall existed and functioned as~Sntegral pm of the storm water managemen~ system for the subdivision. TheCity 6fB°yi~t~h~Bea~h as part of the subdivisi°n improvements in. 1977 approved this. 2. Wh/te the homeowners have not reported any damage to homes due to flooding since the north outfall was blocked, there has been collateral damage to yards and street flooding. The homeowners believe that if the one existing ouffalt (east) is blocked in a storm event, there will be house flooding, staff believes this to be true, however believes ~that th~ primary' resp0nsibili~ to maintain the east outfall is v~sted inflae.home0wner~ ass.odafion~ By way of counterpoint, the homeowners association believes that there is a possibility of a failure of the east. outfall in the public,rigtlt of way in Congress Avenue. The staff concedes this poin~ bu~. argues that the:City is in a position to. repair the line. quickly. The homeowners association countered again by stating that this is not as fall safe as restoring the second outfall. The public benefit to restoring this outfall is based on the pre.mase that.the Ci~ would need to allocate a significant:amount of public resources in a stoma event to respond ~q house flooding in the subdivision if the east outfa!l became blocked. .Res~toration qf the north 0gtfaH would, at least, restore a margin oferror in the event Of a major flood. ~ The City catmpt .and will not guarantee:to the homeowners association that the restoration of the north, outfall will be an absolute protection against flooding in Silveflakes. [ have had discussions with the Director of the Lake Worth Drainage District, Mr, Winters~ who has indicated that the LWDD would respond favorably to a request by the City for a permit to restore the north outfall and provide access to LWDD Canal #27. I estimate the cost of the restoration of the pipe c ~27 inclusN~ of engmeermgv~ill be. about $65;000.1This does not include Cost o£ any repairs needed on.the 36" pip~ that is' tocgie~l on the hcma~cmrn~r'~ a~q.qoeiation' ~anan ~ ~s would be the financial responsibili , oft.he'homeowners and is best aecempliahe~ bY, magr0ement wtth the C!ty to perform.the ~ork at. tlae;r cost~ ;~nn rig[at of entry and iiability wai~ ~ers.obtained. This ts a very tmusual:~imatiq~ of:~ gity Manager disagreeing with:the:staff. ~ ~Th.e l~[.e.quires that the City Comssion review tiffs m~ ~tter and make apohcy dectsmn he,re a project: ottms type can move forward. Cc; James Cherof Wilfred Hawkins Dale Sugerman 2 America's Gateway to the Gulfstream 7~ '17 fl~ &[t~hat) aanal. ~7 MEE~TING MINUTES BOYNTON BEACH, FLORIDA 2001 willing to wait for twenty ~ea[,s for the Marina project to be planned, designed and ,funded to beco~ne :wha[ it'sho~i~ be', HZ Was not co.n, vinced of the, location o~r tha~,:$40K+ is enOUgh todo justice lo areal dog.park. He hoped the Ci{~ could find a Iocat on for a permanent dog Park that would be more centrally located. Motion Commissioner Fisher made a motion to direct staff to look, as it goes throw )merit process, fora multi-use park to i is not near a Mr. The ~ sites a number of site. Commissioner Fisher ~pffe~e~ ~n amended Motion Corem ssioner Fishe~m need; for a dog par~ Comh~issioner McOra~y dur#lg the vote. C. Report on Be~ Estates of Si~v~i Mr. Bressne the Commission to not entire history of the both sides of the were to fail and allow public resources had been derived. blocked the in the responsil: project to save costs. motion. ~d~o direct the Recreation and Parks Board to consider the possible i~orporate it into their planning process as an item to be done. ~ded the motion that carried 4-0. Vice Mayor Weiland left the dais ?~ion of Second Stormwater Emergency Bypass Route for lk~s Retention Lake ,~ position taken by staff o~ this issue and looked to , decision indicating that this was a public project. Staff could this policy decision ~ad been made. Mr. Bressner related the and out[ails in Silverlake Estates and outlined the points on the subdivision's inception in 1977. If the one remaining out[all of the 169 homes in Silvedake Estates, a major expenditure of ~ was the basis from which the premise of public benefit r believed it was in the best interests of the City to restore the t the Commission declare it a public project for the City to correct ~ and that in the event of structural problems propefl3J, the homeowner's association would be private works were involved, it would be done as one Mayor Broening MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLOR DA JUNE 19.2001 Terry Pereira, resident of Boynton Beach, Mr. Perdita thought it was a private issue and that the City should not get involved. He thought if the City took on this project, it would open the doors ~'o~' deye opments all over the City to demand that the City fix their drainage problems too. Mr. Perieira believed that the residents of Silvedake Estates were more than able to afford $500 each to handle the cost of this repair themselves. Mr. Pereira did not want to see taxpayer money go towards this project. L0ri Wilkinson, 2458 S.W. ,C_ranbrook Drive, Boynton Beach, resident of Silverlake Estates advised 'that the homeowner s a~sociation had been working intermittently with the City on this problem since 1980. Ms. Wilkinson asked the Commissioners to support Mr. Bressner's suggestion. Ms. W Ikinson remarked that there had been damage to homes from the flQoc two years ago where people had to repiace darpet ng ~nd- other damage. The. flood ng came about because they did not have en0ugh drainage du~ t_o, the blockage of one of the t~,o outfalls by pe~s0r~S,:unknown. She ~t~ed tb~,t:the if~0~neowner s association was~more than will!ng to pay for tl~& I~rt of the prdject that fell~on pri~ate property. The,~ were .asking for the. City, s help for th~ par[S'rthat~ were on ~pulslib: propers. Ms, Wilki[~so~ appre~;iated the fa(~t that Mr. Br~ssner had taken ;~ ,~t~r~d bnthe i~sue. Since t~here were no fuftlie~ requests to speak on the topic Mayor B~oening closed the public' a~udien~e: CommisSioner Fisher thought Silvedake Estates should have come to the Oommiss~on fifteen years ago when the outfall became blocked. He was concerned about the "persons unknown" aspect of the case. He had two town meetings with residents who had experienced flooding for the past fifteen to twenty-five years becausethe City never assignee someone to fix their drainage. The City was looking at a partnership with Silverlake Estates and n h sop n on t was not op~ning a floodgate for o{her ~op e Or~d~ve 0pments to come n They were to d at the town meetings that t.h~ fix might come from the.~ity, the COunty, .or the Lake Worth Drainage DiStdct'but that the city was ;looking at partnerships with the homeowner's associations. Tl~is was a good example of that. He was concerned' that if the City did not fix this and a big storm came and 15-20 homes were lost due to flood damage, that their re-sale value would not be high due to a history ef flboding:. Th s wou d damage the City's tax base. Long-range, it made sense t5 fix it. Vice Mayor Weiland did not understand whythe Commission was even looking at the issue. He agreed with Mr. Pereira and he had discussed it with Mr. Bressner earlier in the day. If he had a hole in 'his roof for the last fifteen years and chose not to fix it and had water damage, that would be his fault. He was against the City's participation in the project. Commissioner McCray read in the backup that the Cry could not and would not guarantee to the homeowner's ~ssociation that the restoration; of the north outfall would be an absolute protection against flooding in Silverlake Estates. Mayor Broening asked if the people in Silvedake Estates paid the $6.00 ERU stormwater assessrCent and .the answer was ,yes. Mayor, i Broening calculated that this came to about $18,000 a year, Mayor Broening spoke to, the 'persons unknown'~ theory and had understood from cor~versati0ns with long time residents,that a former City employee may have gone n and done s(Jme work that had negatively affected the dra nage syste~n This could not be proved but was a factor in Mayor Broening's decision. He did not want to put public money into private MEETING MINUTES P, EG~LAp, C TY COMMISSION BO~,I~0 N B~ACH FLOR iDA iPnr0pe~ but at the same t me, COmmisSioner FiSher made a case fo~ retaining property valdes a ve~ Va!uable Part Of th~ City ~rOm the tax base StandP0int i' Hel had e~i~y ~..,°rr the ,'" . -~: -' ~ ~ ,' nersh w th the S[[vedake ,,- ~,B~o~e~~' ~,eO~ ~ ¢~'~.~_ a~i~' ' ~ ,~e(~ [ ~eG~ ¢~,har ~ ~1 '~'~sj~ ...... th ee vent of an ¢ h n g that may ha pp en ']~(he ~fi~;' ~m~ss~e~ Fergu~Pn seco . ~; · ¢b~ib~r~Fergusb~ ~Sked~ ~e~missioaer E~,~r Z he would m,nd amending h~s option to all~ ¢~r a COst. not t0 e~¢.$68K? Commi~o~eFRsher agreed w~th th~s a~endment ~he vote pass~ 4-1, V~ Mayo¢ Weiland d~S~g, Mr~ Bressne~tha~ke6 the 'Commissionemfor t~[~d~iberations pro and con on the issue. Proje~ T~m Repo~s (F~m 55 Strategic Initiatives): 1. 2.~0 PermE &Developme~ P,eview Process Princi al Panner in the Panning & Zoning Depa~ment. and team leader Ms. busia 6alav, , P ; ~, ' ' Th s was a 'oint Straten c n tat~e 210 presented a ~tatus. repo~ ~n th~ topic. _ . ~ _ for ~ ' ' - --~ ~ ~=l~v ~- ~ressner Je~ Livergooo from Chamber/Ci~ initiative; 'The ~a~ ?em[er~ W~~' ~".~. r~lasie' Co~e Compliance Pub c Works, Tim- Large, Bg!leing uode ~o~?~u ~,u~, ~,, _ -'"' t n- the Administrator, Ed Yates, Occupational Li~nse~Manager, Jeanne Heaw~n, represen y C~ Board and the chamber:'a~d J~sbAgUila r~'~esenfi~' the C~ Board. The ~mmitment to Requested City Commission Mee~n~ Dates [] November20.200l ~ December 4.2001 '~ December 18. 200t [] January2. 2002 VII.-CONSENT AGENDA CITY OF BOYNTON BEACH ITEM D.:I. AGENDA ITEM REQUEST FOR vt 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.J December 19, 2001 (5:00 p.m.) Requested City Comrmsmon Meet/u~ Dates [] January 15.2002 [] February 5, 2002 [] Febmary 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 I6, 2002 (5:00 p.m.i Febma~ 6, 2002 (5:00 p.rm ~ February 20, 2002 (5:00 p.rm) NATURE OF AGENDA ITEM [] Admimstrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] UmSnished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Please place this request on the February 5, 2002 City Commission Agenda under Consent Agenda. The Planning and Development Board with a 6 to 1 vote. recommended that the subject request be approved subject m staff comments, and an additional condition requiring project colors to be compatible with adl acem buildings. For farther details pertaining to the request, see attached Deparmaent of Development Memorandum No. PZ 02- 013. EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: CORENA COLLIN CENTER, LLC Philip Agmrre Corina Collin Center_ LLC North side of Woolbright Road approximately 263 feet east of Congress Avenue Request for site plan approval to construct a two-story, 9,143 square foot MedicalAVLR.I. office building on i. 12 acres. PRO GR~a2VI IMPACT: N/A FISCAL LMPACT: N/A ALTERNATIVES: N/A D eke~'~/~/(15-artme/l~tor ' "~t~ Manager's Sxg~ature planning and Zor~ak/Director City Attorney Finance / Human Resources S :LPlanning~SHARED~WP~PROJECTS\Corina Collin Center, LLCLAgenda Item Request Corina C ollLn 2-54)2.dot S:~BULLETI/~FORMSXAGENDA ITEM REQUEST FOR/VLDOC DEVELOPMENT DEPARTMENT MEMORANDUM NOn ~pZ 02-013 SiTE PLAN REVIEW STAFF REPORT PLANNING AND DEVELOPMENT BOARD AND CITY COMMISSION January 16. 2002 DESCRIPTION OF PROJECT Project Name/No.: Property Owner: Applicant: Agent: Location: Land Use/Zoning: Type of Use: Project size: Adjacent Uses: CORINA COLLIN CENTER, LLC / NWSP 01-018 Corina Coliin Center, LLC Corina Collin Center. LLC Philip Aguirre with P.A. Design Group North side of Woolbdght Road, approximately 265 feet east of Congress Avenue Office Commercial lOC) / Office - Professional (C-1) Medical / M.R.I. Center Site Area: Building Area: 1.12 acres (48,673 square feet) 9,143 square feet (see Exhibit "A" - Location Map) North Lake Worth Drainage Distdct Canal No. 26, and farther north developed residential (Leisureville) zoned R1-AA (PUD); South Woolbright Road right-of-way, and farther south is developed commercial property zoned C-3; East Medical offices (under construction), zoned C-1; and West Fidelity Federal Savings Bank, zoned C-1, and farther west is Congress Avenue right-of-way. Site Characteristics: The subject property is a vacant lot located approximately 265 feet east of Congress Avenue. The site is cleared and contains little vegetation except for a few Sabal Palm trees dotted throughout the site. The major east / west route in the area of the site is Wootbright Road, which provides the nearest access to Interstate 95. Woolbdght Road is a four-lane divided County Minor Arterial west of Congress Avenue and six-lane divided County Artedal east of Congress Avenue. A curb-cut from Woolbdght Road and a paved ddve currently provides the Fidelity Federal Bank property w~th an additional point of ingress /:egress. This paved ddve aisle will become part of this project's parking area but the curb-cut will remain. Another drive aisle will be constructed in its place. The entire project is to be constructed in one phase. Proposal: Philip Aguirre with P. A. Design Group is requesting, site plan approval to construct a two-story 9,143 square foot medica / M.R.I. office building on 1.12 acres (see Exhibit "B" - Proposed S te Plan). As currently proposed, the first floor will be 7,521 square feet in area and the second floor will be 1,622 Page 2 Canna Collin Center- Site Plan Review Staff Report Memorandum No. PZ 02-013 Concurrency: a. Traffic- b. Drainage- Driveways: Parking Facility: square feet in area. The entire project is to be constructed in one phase. The proposed offioe building is prqposed on a parcel of land previously owned by the Fidelity Federal Reserve Bank building to the west that recently constructed a Bank on the western portion of the original properw. A traffic statement for this project was submitted and sent to the Palm Beach County Traffic. Division for their ,review and approval. At this time, the project is, still under review, and staff has not received confirmation from the, Traffic Divsion that it meets the Traffic Performance Standards of Palm Beach County (see Exhibit "C" - Conditi(sns of Approval). it should be noted that the odginal bank project approval included concurrency approval for a 10,000 square foot office building for'this portion of the site. Conceptual drainage information WaSr!prO~/ided for the City's review. The,C ty's COncurrency Qrdinance req~ireS,,d:rainege certification at time of site plan approval. The Eng neer ng; DMsion is recommending th'at the review Of specific dr'ainage sotution~be deferred until time of permit review;Whbn more comp et~ engineering dOcuments,are required. The project proposes any one (1) connectio~_.~¢~ Woolbdgbt Road. Two (2) other proposed connectiX)ns are ntemal an~li;,;d rectly line with the Fidelity Federal Savings Bank p cross-access between the ;gross Federal Savin, the same property line, ' traffic. There is an existinc. Federal Savings Bank This ddve aisle corner of the on W serve as the third epa nt of i~ress / egress, This exist ng cu~ I remain intact, but the xistin¢~d"r~entiened drb/?:~aisle will,.be-.m,,~c!, to, acco,,.mmoda.!~ the,MR! Center%;i~ew?parki~g~;l~t.i:,A,'c[oss a~SS~ ~eiemept exists for the suojec[ propertyfadd.~he 'Fide~ ity ¢~ede. ml Sa~qg'4.B.~8~i~eg¢~tY to the west to ensure that cohtinued access' is maihtained betw~en;tb~.rpperties. A two (2?way ddve aisle.is proposed.along!~tl3e~:~e¢.t properly line, just east of the required landsCaped;b~f~er.' A one (1)~ ~isl~ is proposed to s. erve the ang ed Parking di.r~Ctly we_st, of the buildi~.~,i!.~, two (2)-way ddve ais,.e 2,7 feet in width: abe. led F. ite Lane on the sit~l~.~ i~royides emergency venicle access t~ thebu ding ,as: Well as customer' ~S tO parking areas located south of the'-building: No dove aises a~-e ~{3~ed north and east of the building. na ratio of one (1)space p of parking spaces req~ provided equals 67, use. All spaces, except (9' x 18'). The Page 3 Corina Collin Center- Site Plan Review Staff Report Memorandum No. PZ 02-013 Landscaping: parking spaces and ddve aisles will surround the south and west sides of the building. All handicap spaces will be located near the front entrance of the bUilding,, Notoadin9 zone:or;dumpsterenclos~r~ is required or is proposed, A pedestrian ,path'that m~ets handicap aC6es, sjbiCY code:,is proposed in the front of the building to connect with the sidewalk along Woolbdght Road. The proposed pervious or "green'~ area is 17,849 square feet or 37% of the total site. Yhe front (south)landscapebuffer along Woolbdght:Read will be 22 feet in width and will contaih two (2) dry retention areas. Sw&et Mahogany, D~a, rf.,Beuga~ill~,rD~adSheffiera, .pitt0spe~.m, Shrub Alla~anda, yellow La~tana¢~d ~a~ a~b dolce ar~,p¥Op~se~ w th n-th s buffer n add tion, t~v.b. ;,2J. ( ~ :Yellow ~T~abeb, . ...,. .~, ~['ees~.aa_d~s;( ~ ~ ~ -, ~ , ,..,. (; i).~bal Pa mette pam trees are proposedat.thesoutheastem,,entrance,..,~ ¢ hedges and Green landscape buffer. An in Cocoplum hedges This landscaped area, Distdct Canal provides a and the residential ~lant matedal, such as , Federal Savings , two ~2) feet - six (6) inches in place for both properties to Building and Site: Community Design: parking areas will contain BUtld[ilo'-~ ~,reguiati~,~ill be fUll~et when staff comments are Iri~n~a'__(~&[il~;~!,~!cJ~?'a~.~'_qs ;,T~ ~-ef-the-art M.R.I. m~ch~ne will beqo~t~t[~,~5~.l;~o~B¢,,~ fi~flOo[l¢~ar ~the no.east comer of the of the, lil~e a, Mediterranean style, which is neighboring commemial structure with the top will be shaped 72 feet in depth. The located near the ilding mass will be located on mulit-colored clay "S" tiles (a 3es inthe roof of the first floor The m~n ,wail coIo(s, of the .fimt. fioor,WiJl ~be ~ ~ix between gold (Benjamin tCOOre ~'/8~') ~a~d ig~yei ow'(~Be~emln~! ...... Md, o~'e,~180) The wa s of the bud ng Page 4 Corina Cotlin Center - Site Plan Review Staff Report Memoranaum No, PZ 02-013 will have a stucco finish. The base of the building will have maintenance free concrete molded panels. The main entrance to the building wilt be on the front (south) fa(~ade facing Wootbright F~oad. It will be accented with front entry columns, decorative features, and arches. All trim color will be white. All columns and molding wilt be "stone colo¢'. Each window on. the front facade will be framed by molded concrete panels with score lines and arches. Located above each window will be light ye o~ colored decorat ve spheres_to fur[her accent the oyerall design. , =l'he sedond floor wall color wil be a variation of red :(Ralph Lauren- CO04A / Lantern Light). Decorative concrete molded cordets are proposed below the roofline of the second floor, on top of the decorative frieze. Signage: No _wail .signs ~re proposed. The applicant is pmp0sing one (1) monument sign-to' b~ located-at the center of the southern property line in.the front landscape buffer, near the break in the front hedges for the pedestrian sidewalk, This s!gn wi l be eight (8) feet wide and will Stan,d six (6) feet - eight (8) ihchbs in height. 'It will have a concrete block 'base.aQd paint textured stucco finish. The sign' area. w be a travertine slab with raised bronze letters four (5) inches,in heir~h~ The sign area cannot excee~ 64 square feeton eczch SidE. The elevations must show the color of the ~onument Sign' as Well as the site address (seeExhibit "C"'- Conditions of Appi'bval). RECOMMENDATION: ~ ~ ; . ~ . ~ : ~ ~ ~;~r : ; : V d sub'ect to the comr~ents ncluded in Staff recommends that th~ p!an;.~e§ucst~be ;appro. e ^ J . :. Exhib t"C" - Condition? Of~,~.v.~!~, ~e;~ech~!caI I¢,evieW ,L;.'omm,t~ee (TRC) rec~end, s deficiencies identified ~n thi~;e~ 5 ~e,c;o~rebted 0n the set of plans submitted for b?ilCng xc: Central File \CFCCAAIN\S H RDATA~Pla nning\SHARE D~C/~RR~ J E~S~C~d~ ~Co!l~n C~nter. LLC~Staff reo~.aoc Location Map ~×,,.,~,,A,, ~ 800 0 800 1600 Feet S EXHIBIT "B" EXHIBIT "B" EXHIBIT "B" EXHIBIT "B" EXHIBIT "B" EXHIBIT "B" EXHIBIT "C" Conditions of Approval Project name: Corina Collin Center. LLC File number: NWSP 01-018 K~£erence: 2ndreview plans identified as New Site Plan. File # NWSP 01-018 with a January 8, 2002 Planning and Zonine Department date stamp marldn~. REJECT DEPARTMENTS INCLUDE pUBLIC WORKS - General Comments: 1. Indicate, by note, that the color and ~exmre of the dumpster enclosures shall X match the building (LDR, Chapter 9, Section 10.E, and City of Boynton Beach Standard Drawing A-88007). Show on the detail that drop pins and sleeved holes will be provided to secure dumpster enclosure gates in the open and closed positions. PUBLIC WORKS - Traffic Comments: None X UTILITIES Comments: 2. Fire flow calculations will be required demonstrating the Cit~ Code X requirement of 1,500 g.p.m, as stated in LDR Chap. 6, Art. IV, Sec. 16, or the requirement imposed by insurance underwriters, whichever is greater (see CODE Sec. 26-16(a)). FIRE Cnmments: None X POLICE Cnmments: None X ENGINEERING DMSION Camments: 3. Provide data of underground soil conditions (LDR, Chapter 6, Article iV, X Section 9). 4. Provide drainage design data for site drainage as specified in the LDR, X Chapter 6, Article IV, Section 5. Show flow arrows on Paving, Grading & Drainage Plan. Indicate, by note, that storm water will be contained on site (LDR, Chapter 23, Article II.F.). Any work done within the right-of-way COA 01/22/02 DEPARTMENTS INCLUDE REJECT and/or to existing facilities within the right-of-way will re~luire review' · · approval and perm/tting by Palm Beach. 5..prgvide evidence that the Lake Worth Drainage District is in agreement with X · {he °utfatl from the exF~Itration trenches into Canal L-26. 6. Lighfin$ will be required for the north entrance. X ~7. Provide evidence of a!. cross-access agreement for the two driveways on the X, i west boundary of Ibc l~roposed developm~nt, ;8. Provide an irrigation plan in confo~anc~:,4th ~e LDR, Chapter 7.5, ~-ticle i X II, Section 5. : ~9. Provide :details and typical sections for sidewalk and paving~ conforming, to ~ . X '~ the LDO, Chapter 23, Article II E Provide a typical section for swales (LDR, Chapter ~5, Article IV, Section 5) i10. Proof o~ other agencyiperrmts shall be required prior to the issuance of the X ,} paving ahd drainage pmnit. il 1. Please add a vicinity m~p to the boundary survey. X ~12. Show a ~aphic scale with the written scale, all sheets. X ~UILDINO DMSION Comments: ' i13. At time of permit review submit signed and sealed working drawings of the X : proposedt construction , PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: '14. The applicant should indicate on the plans the newly planted trees that are X replacements (separate symbol) for the removed trees. These trees should be in addition to the Landscape Code required trees on the site PLANNING AND ZONING COA 01/23/02 DEPARTMENTS INCLUDE REJECT Comments: 15. Staffmust receive confirmation from the Palm Beach County Traffic Division X that the project meets the Traffic Performance Standards of Palm Beach ' ' County. 16. The monument sign's maximum allowable signage area is 64 square feet on X each side. Clearly identify the site address at the top of the monument sign as well as the base color. 17. The site plan tabular data must indicate the correct required front and side X building setbacks (30 feet and 10 feet respectively) for the subject property. In addition, accurate proposed building setbacks must be indicated in the tabular data as well. 18. A minimum of forty-six (46) parldng spaces are required and must be X indicated as such in the site plan tabular data. 19. All required trees shall be 3 caliper inches when planted (Chapter 7.5, Article X II, Section 5.C.2.). This minimum planting standard shall be indicated on the landscape plan. 20. Landscaping at project entrances shall contain a minimum of two (2) colorful X shrub species on both sides of the entrance and a signature tree (Chapter 7.5, Article II, Section 5.N.). Note that signature trees do not contribute toward the total number of required perimeter trees or parking area interior landscaping. (Chapter 7.5, Article II, Section 5.G.). Provide one (1) additional signature tree, such as Yellow Elder, Tibouchina granulosa, or Bougainvillea at each side of the project entrance at Wootbright Road. These signature trees shall have a minimum of six (6) feet of clear trunk to preserve the clear sight area. 21. At least fifty (50) percent of the site landscape material must be native species X and verified as such in the tabular data of the landscape plan (Chapter 7.5, Article 1I, Section 5.P.). ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS Comments: 22. Project colors shall be compatible with adjacent buildings. X COA 0t, 22/02 DEPARTMENTS INCLUDE REJECT ~a. DDITIONAL CITY COMMISSION CONDITIONS Comments: ~3. To be determined. . ' · M CR/elj \\CH\MAIN\SHRDA'TA\Planning\SHAP~D\WP\PROJECTS\Codna Oollin Center LLC\COA.dec DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Corina Collin Center, LLC APPLICANT'S AGENT: Philip Aguirre with P. A. Design Group APPLICANT'S ADDRESS: 5450 Griffin Road Davie, FL 33314 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: February 5, 2002 TYPE OF RELIEF SOUGHT: New Site Plan LOCATION OF PROPERTY: North side of Woolbdgbt Road, approximately 265 feet east of Congress Avenue DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Applicant's application for relief is hereby ,_ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED This Order shall take effect immediately upon ssuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: S:~Planning\SHARED\Wl~PROJEOTS\Codna Co[lin Center, .LC~DO.dOC City Clerk Requested City Comrmssion Meeting Dates [] November 20, 2001 [] December 4. 2001 [] December 18, 2001 [] January 2. 2002 VII.-CONSENT AGENDA CITY OF BOYNTON BEACH ITEM D.2 AGENDA ITEM REQUEST FOR3 Date Final Form Must be Turned in to C~tv 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 (5:00 p.m.) Requested City Comrmssmn Meelnn~ Dates [] January 15, 2002 [] February 5, 2002 [] February 19,2002 [] March 5, 2002 Date Final Form Must be Turned ~¢ to City Clerk's Office January 3, 2002 (5:00 p.m.~ Jaauary 16, 2002 (5:00 p.m.) Febmary 6, 2002 (5:00 p.m3 February 20, 2002 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] 'Legal [] Bids [] Um~mished Business [] Announcemear [] Presentation [] City Manager's Report RECOMMENDATION: Please place this request on the February 5, 2002 City Commission Agenda under Consent Agenda. The Planning and Development Board with a unarrimous vote. recommended that the subject request be approved subject to staffcomments. For further details pertaining to the reques[, see attached Deparunan[ of Development Memorandum No. PZ 02-010. EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: GOLDEN CORRAL RESTAURANT Jeffrey Silberstem Wal-Mart Stores East, Inc. West side of Winchester Park Boulevard, north of Boymon Beach Boulevard Request for site plan approval to construct a 10,330 square foot restaurant ¢390 seatsl on 2.65 acres. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A ~tv Manager's S~gnature planning and Zonfia~ Director City Attorney Finance / Human Resources s :kPlanningxSHAREDkWP\PRO JECTS\Golden CorralkNWSP 01-0lgkAgenda Item Request Golden Con'al 2-5-02.dot S:~BULLETIN~ORMSkAGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT MEMORANDUM NO. PZ 02-010 SITE PLA,N REVIEW STAFF REPORT PLANNING AND DEVELOPMENT BOARD AND CITY COMMISSION Januaw 16,2002 DESCRIPTION OF PROJECT Project Name/No.: , GOLDEN CORRAL t NWSP 01-019 Property Owner: Wal-Mart Stores East, Inc. Applicant: Marcvan Enterprises, LLC Agent: Jeffrey Silberstein with Silberstein Architects, Inc, Location: West side of Winchester Park Boulevard, north of Boynton Beach Boulevard (proposed 389 Winchester Park Boulevard) Land Use/Zoning: Lgcal F~ta (LRC) / Community. Commercial (C-3) Type of Use: Restaurant (390 seats) Project size: Site Area: Building Area: 2.65 acres (116,154 square feet) 10,330 square feet Adjacent Uses: (see Exhibit "A" - Location Map) North Entrance drive into Wal-Mart Super Center, and farther north is Sonny's Bar-B-Q restaurant, zoned C-3; South Truck/Service Entrance ddve for Wal-Mart Super Center zoned C-3; East Winchester Park Boulevard ri~ht-of-way, and farther east is Boynton Commons Shopping Center, zoned PCD: and West The Wal-Mart Super Center, zoned C-3, Site Characteristics: The subject property is a vacant outparcel of the Wal-Mart Super Center, comprised of two lots (Lot 4 & Lot 5), located along Winchester Park Boulevard. According to the January 2000 Environmental Resource Permit Staff Review Summary for the Wal-Mart Super Center, the project site does not contain preferred habitat for wetland-dependant endangered / threatened species or species of special concern. No wetland dependant endangered / threatened species or species or special concern were observed on-site, and submitted information indicates that potential use of the site by such species is minimal, The site has been cleared and mo vegetation exists except, the perimeter landscaping that Wal-Mart was required to install dudng its site development process. Proposal: Jeffrey Silberstein of Silberstein Architects, Inc. is requesting site plan approval to construct a one-story 10,330 square foot restaurant on the above- Page 2 Golden Corra~ - Site Plan Rev ew Staff Report ........... Memorandum No. PZ 02-010 Concurrency: a. Traffic- b, Drainage- Driveways: Parking Facility: referenced lots (see Exhibit "B" - Proposed Site Plan). As currently proposed, there will be a total of 390 seats. The entire project is to be constructed in one ~hase (see Exhibit "B" Proposed Site'Plan). The proposed restaurant will be located on an out-parcel of the Wal-Mart Super Center site. A traffic statement for this project was submitted and sent to the Palm Beach :County Traffic 'Division for t~eir review and approval. At this time, the project is still under review and staff has not received confirrr~tion from the Traff~c Division that it meets the Tr.a,,ffic Performance Standards of Palm Beach County (see Exhibit "C - '~ond ti~ns of Approval). Conceptua d,rainage informa,t on was .provided for the City's review. The CitY's codcurr~ncy ordinancb'require~:drainage certification at time of site ~3lad approval. 7Fhe Erfgineeri~gDMsion is recommending that the review of sl~eciflC drainage SO ut on'be deferred until time of permit review, when ~ore COmplete eng neering documents are required. - On-site traffic circulation will Consist of three (; Two (2)':ent~ancCS'are prOPbsed to cOnn'ec( ar super center drlVe aisles~ The third point or,ir one of the Wal-Mart Super Center's main' southern entrarfce 'i~ to be'Utilized by se~vici dumpster enclOsUre and' ~ading z~)ne areas the south of the buiding near this propose{ accommodate [a(ger: s ze vehicles and the r' dumpster eRcl~S~re' is ang ed in such a ~ removal. points of ingress / egress. '~lign with existing Wal-Mart ?t~ss / egress will connect to ~ss drives. The proposed ,hid emergency vehicles The been strategically located to outhem entrance in order to ~pectiv, e turning radius. The to facilitate efficient refuse The third entrance, which is proposed along th,e Wal-Mart Super Center main access drive pro'des ngress / egress rrbm':'~e Wal-Ma~ site directly to WinchesterPark Bou evar<J No entrances are CrOposed which directly access Winchester Park BoLJlevard from the subjec[ sit~. Two-way drive aisles 27' feet in width will provide service and customer access to parking areas located east and north of the building. Required parking for restaurants are based ~p, on either one (1) space per 100 squ~re fe~t 0f~ gross floor area or one (1) sP~Ce pe? 2.5 seats, whichever is the - more stringent methodology of the two. Si~nce 390 seats are proposed, the more stdngen~ scenario is based upon the t~tal number of seats. Therefore, a total of 1~6 parking spaces are required. The number of parking spaces provided equals 170, ncluding six (6) spac,es designated for handicap use. HoweVer, since the southern drive aisle to the Wal-Mart Super Center would eliminate six (6) existing parking spaces, the same number of excess parking spaces for the Golden Corral must be preserved for Wal-Mart's use (see Exhibit "C" - Conditions of Approval). Therefore, the total number of excess parking spacer for the Golden Corral site ~ill be eight (8) spaces rather than 14 spaces. 'All spaces, except:handicap sp~ces Will be dimensioned nine feet 'by eighteen feet (9' x 18'). The parking spA~ce{ a~d drive aisles will surround Page 3 Golden Corral -Si[e Plan Review Staff Repor~ Memorandum No. PZ 02-010 Landscaping: the north east. and south sides of the building, except in locations where loading zones are proposed. All handicap spaces will be located near the front :entranceof the building. No parki,qg,is:proposedwest of the building. The ~r ,green" area is 26,996 Square feet ar 23.5% of the total buffers adjacent to pub c rights-of-way are req Width. However, the Wal-Mart Center IVJaster Plan [ Regulation buffer along Winchester .~ ten (10) feet in the with in in ~h~i.P.~se :¢g~r~;B~jm~,,~Wax,~asmine Purple Glo, Tree and G,~ld~ ~.~:~ ~ b~br. The southem ~d western ~r~ M~ga~y ~ees and V bumum hedges ~ ~ ~(~ds n the paring areas w conta n ~as ~ pQn;Ho0y and Parson's Jun per Qe~e~ ~4~Q~,.,~9 ~', (2),'B"[P'¢ Glo, Trees are proposed at thee ~bt~;;~ ~,-;~Th~.,bo~h envance wi contan Washi,g~Palm. 3~&'~e.' GSl~.L~n~na and four (4) Pu~le GIo~ Tr~s. ' Building and Site: Building'/~d s~te regulatibns wili be fully met when staff comments are i~¢o~a¢~ into the pe~mit~:drawings, ~he b~iDing w be 150 feet- 6 inches i~' WiSth '~¢ approximately ~5' f00tln 8ep~: Communi~ Design: ~his project is reviewed in pad, according to thC standards as specified in Be Wal-MaA.Center Master P'l~n D~s~(gn Stand~[d~ June 1999 (see E~ib t "C" - Condi~ons 8f Appro~l). ~h~ proposed building will be a one-story structure The ends of the e~ that will reach a be a light cream ~ front entrance and the Moore Cmamy Omnge - fiat Te~a Co~ concrete roof tiles, i) will have be Moom Adobe White - ~ smooth s~cco finish. All All windows will have 9ar glass. All Mm are to be painted white. The Page 4 Golden Corra - Site Plan Review Staff Report Memorandum No. PZ 02-010 gutters and downspouts will be painted white as well. The roof style, building color and design for the proposed project are compatible with the colors used for the Wal-Mart building, Sonny's BBQ restaurant, and Boynton Commons ~hopping:.Center. The Steak & Shake restaurant was not subject to the Wal- ar:[ Center Master Plan Design Standards Signage: based upon~e standard of one inear foot of ns ~ffont "Golden the luare feel sign to be located at the w be eght'(8) feet ~ten (10) It Will have a concrete block with brown ~ be white. located on the to the comments included in recommends that the permit. S:'~lannin §~SHARED~.W p~PROJ ECTS~GoIden Co ryal~lWS P 01-019~Staff Report.doC Location Map GOlde Cr ~ "A"~ XHIBITn or ]: /~tLt,/~ · 800 0 8~00 EXHIBI~ "B" ~|l/j EXHIBIT "B". I -- ' - ~ - - ~ . _ (I08' EXHIBIT" _-/ EXHIBIT "B" EXHIBIT "B" i i EXHIBIT "B'~ EXHIBIT "B" [::¥LIID IT ....... '~ ...... ? - _- _- £ _-Z-_-_-..---_----- - ~--Z---= ~_LIJ_LLLI_LLLLO i~ / ~! o-tTm-m-m-o ~ //'i'- ' ! ! /~. .......................... (los'R/lc) 0 ............... '-~ ........ ~ - - ~ (I0~' :!Ii EXHIBIT "B" EXHIB IT "B': EXHIBIT "C" New Site Plan Project name: Golden Corral File number: NWSP 01-019 Reference: 2nd review plans identified as New Site Plan. File # NWSP 01-019 with a January 8, 2002 Planning and Zonin~ Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: None X PUBLIC WORKS - Traffic X CammerltS: None UTILtT~S Cr~mments: 1. Water and sewer lines to be owned and operated by the City shall be included X within utility easements. Please show all proposed easements on the engineering drawings, using a minimum width of 12 feet. The easements shall be dedicated via the record plat or by separate insWament to the City as stated in the CODE, Section 26-33(a). FIKE Comments: None X POLICE Crwnments: None X ENGINEERING DIVISION Comments: 2. Sidewalks adjacent to parking lots shall be continuous through ail driveways X and shall be 6 inches thick within driveways (LDR, Chapter 23, Article II, Section P). ' 3. Indicate sight triangles graphically on site plan and landscape plan. Sight X triangle requirements must be met at all points of ingress and egress, as well as at all intersections. 4. Specify minimum compressive strength of 3500 psi for the concrete pavement X (LDR, Chapter 23, Article II, Section Q). BUILDING DIVISION COA 01/22/02 2 DEPARTMENTS 1NCLUDE REJECT Comments: ~ ' ' ' - 5. At time ofperm/t review, provide a completed and executed City unity of title X form. The form shall describe all lots, parcels or tracts c~)mbined as one lot. A copy of the recorded deed with legal descriptions of each property that is being:unified is required to be submitted to process the form. The property owner that is identified on each deed shall match 6. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 7. At time of,permAt review subrdt a copy of the recorded resolution that X verifies the abandonment of the alley, right-of-way or easement.. PARKS AND RECREATION Comments: None X FORES~ER/ENVIRONMENTALIST CommentS: 8. The applicant must keep the existing trees and landscape material approved in X the Wal-Mart perimeter landscape buffer plan The plans indicate the remoyal or relocation of trees and shrubs along this major roadway PLANNING AND ZONING Comments: 9. Currently, the proposed colors of the building are Benjamin Moore Creamy X Orange 2166-50 and Benjamin Moore Adobe White 2166.70. If the proposed building colors change during the perrrfitting process or any other time in'the future, the new colors 0fthe building and base color of the monument sign must conform to the Wal-Mart Center Master Plan Design Standards June 1999 as well as Ctrapter 9 - Community Design Plan of the Land Development Regulations. I0. This project w/Il require a cross-access agreement with the Wal-Mart property X to the west. Pr/or to the issuance of any permits, the Wal-Mart site plan must be administratively approved for a minor site plan modification to allow for the new entrance (southwest comer of Golden Corral property). 1 i. Since the southern drive aisle eliminates six (6) of Wal-Mart's excess parking X spaces, the same number of excess parking spaces for the Golden Corral must be preserved for Wal-Mart use and represented as such in the cross-access COA 01 22/02 3 DEPARTMENTS INCLUDE REJECT agreements. 12. The site plan tabular data must identify the Land Use designation (LRC) for X the abutting property to the west. 13. No building perrrJt ahall be issued until the Wal-Mart plat is recorded. X 14. The landscape plan must provide an accurate tabular summary of proposed / X required trees and shrubs. 15. The P/ed Tip Cocoplum shall be a minimum of 24 inches in height, 24 inches X in spread and planted with tip-to-tip spacing immediately after planting (Chaptcr 7.5, Article II, Section 5.D.), 16. At least filly 50 percent of the site landscape material must be native species X and verified as such in the tabular data of the landscape plan (Chapter 7.5, Article II, Section 5.P.). Provide tabular data to confmn the same. 17. The landscape plan tabular data indicates 172 Dwarf White Indian Hawthorn X but graphically shows 206. This discrepancy must be corrected. 18. Staff must receive confirmation from the Palm Beach County Traffic Division X that the projeet meets the Traffic Performance Standards of Palm Beach Count'/. 19. Based on the current building dimensions, t.he maximum allowable area for X all wall signs shall not exceed 225.75 square feet (Chapter 21, Article IV, Section 2). The total signage area for each sign should be accurately reflected in the table format as well. 20. Staffrecommends preserving the existing on-site plant material. In addition, X staff recommends adding Croton and Society Garlic groundcovcr along Winchester Park Boulevard in order to be more consistent with Sonny's Bar- B-Q eastern perimeter landscaping. Also, at the southem entrance efthe subject site, add Crinum Lily groundcover and substitute the proposed Drake Elm (proposed in the landscaped island) with a clustcr of Sabal Palmetto trees to be more consistent with Wal-Mart's existing perimeter landscape material. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: COA 01/22/02 4 DEPARTMENTS To be determined. MWl ¢Ij \\CH\MAIN\SHRDATA\Plann/ng\SHARED\WP\PROJECTS\Golden Corral\NWSP 01-019\COA.doc I INCLUDE R~EJECT I DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Golden Corral APPLICANT'S AGENT: Jeffrey Silberstein / Silberstein Architects, Inc, APPLICANT'S ADDRESS: 524 Northeast 2na Street Delrey Beach, FL 33483 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: February 5, 2002 TYPE OF RELIEF SOUGHT: New Site Plan LOCATION OF PROPERTY: West side of Winchester Park Boulevard. north of Boynton Beach Boulevard DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X TH IS MA'Fi'ER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as fellows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton ' Beach, Flodda on the date of headng stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations, 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Applicant's application for relief is hereby _ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5, This Order shall take effect immediately upon issuance by the City Clerk. Ail further development on the property shall be made in accordance with the terms and conditions of this order. 7, Other DATED: City Clerk \\CH~MAIN\SHRDATA\Planning\SHARED\WP\PROJECTS\Golden Corral~NVVSP 01-019\DO.doc Requested City Comrmssion Meetir ~ Dates [] November 20, 2001 [] December 4. 2001 [] December 18.2001 January. 2. 2002 VII.-CONSENT AGENDA ITEM D.3 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORN Date Final Form Must be Turned in to Ci~ Clerk's Office November 7. 2001 (5:00 p.m November 21. 2001 5:00 p.rm) December 5,2001 (5:00 p.m. December t9, 2001 (5:00 p.m.) Requested City comrmssion Meefiu~ Dates [] January I5. 2002 [] February5, 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.ro.) February 6, 2 )02 (5:00 p.m. February20, 2002 5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Bnsmess [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Please place this request on the Febmary 5, 2002 City Commission Agenda under Consent Agenda. The plam~ng and Development Board with a 6 to 1 vote, recommended that the subject request be approved subject to staff comments, excluding conditions #13 through gl6, and condition #20. For further details pertaining to the requesn see attached Department of Development Memorandum No. PZ 02-014. EXPLANATION: PROJECT NAME: AGENT: OXlrNER: LOCATION: DESCRIPTION: VILLAS ~ QUANTUM LAKE Mark Hansen, Vice President Villas at Quantum Lake Corporation Quantum Lakes Drive Request for Major Site Plan Modification for an additional 42 residential un/ts to be located/on a 2.91-acre addition to tlfis approved 272-uint project. PROGRAM IMPACT: N/A FISCAL IM]?ACT: N/A ALTERNATIVE~~,~ Developme~i I)[/parauent D"~ector planmng and Zo~g ~)irector City Attorney / Finance / Human Resources s :kPlanuing~ HARED\WPkP RO JECTS\Vill a~ at Quantum Lakes aka Grotto Bay~vlSPM 01-002kAgcnda Item Request Villas at Quantum 2-Sq02.dot S :~BULLETIN~ORM SkAGENDA iTEM REQUEST FORM.DOC SiTE ~PLAN ~EVI~W STAEE REPORT PLANNING AND DEVEE(~pMEN~ BOARD AND CITY COMMISS ON January 16, 2002 DESCRIPTION OF PROJECT Project Name/No.: Villas at Quantum Lakes (f.k.a. Grotto Bay) Future Lot 101, MSPM 0'1-002 Property Owner: Villas at Quantum Lakes. Inc. Applicant/Agent: Mark Hanson, Vice President Location: Lot 101 Quantum Industrial Park Land Use/Zoning: Industrial/Planned Industrial Development (PID) QuantUm Park DRI Land Use is Mixed Use - MU Type of Use: Residential Multi-family Project size: Existing' Site Area: Additional Area: Total Area: 15.16 acres 2.91 acres 18.07 acres Adjacent Uses: Dwelling Units: 272 Additional Units: 42 Total: 314 (see Exhibit "A" - Location Map) North - Future Lot 100 Quantum Park, vacant, zoned PID; South East West Quantum Lakes Drive and Lot 60 Quantum Park, Villas at Quantum Lakes under construction, zoned PID/MU; Water Management Tract "P" and Tract "Q" Quantum Park; and Lots 60 and 61 Quantum Park, Villas at Quantum Lakes under construction, zoned PID/MU Site Characteristics: The subject site is currently a portion of the right of way for Quantum Lakes Drive and portions of Water Management Tract "P". and Tract "Q" of Quantum Park. On November 6, 2001, the City Commission adopted Ordinance No. 01-54 approving Amendment #12 to the Quantum Park DRI. Changes were made to the Quantum Park Master Plan that included eliminating a portion of Quantum Lakes Ddve thereby creating new Tracts 100 and 101 both having a Mixed Use (MU) designation. New Tract 100 is directly west of the existing Villas at Quantum Lakes, multi-family residential project currently under construction. It is the subject of this_ application request. A re-plat of this area must be approved and recorded prior to the issuance of building permits for the proposed addition. Proposal: In December of 2000 the City of Boynton Beach approved a site plan for the Villas at Quantum Lakes (f.k.a. Grotto Bay). The site plan included 18, two-story buildings containing 271 rental apartment units, including a Clubhouse and an office area that can be used as a leasing center. With this application, the developer proposes to construct three (3) additional two-story, buildings containing 42 rental apartment units on a 2.91 acre addition. The three additional buildings will be constructed using the previously approved Type~ design (see Exhibi[ "B" - Proposed Site Plan). Page 2 'Villas at Quantum Lakes Major Site Plan Modification Staff Repo~ Memorandum No. PZ 02-014 ~¢oncurrency: a. Traffic- A traffic statement for this project was submitted and approved by the Palm Beach County Traffic Division. b. Drainage- Conceptual drainage information was provided for the City's review. The EngineeringDh/isbn is recommending that the review of specific drainage solutions be deferred until time of permit review. Driveways: A second entrance is proposed directly north of the main entrance. It will use approximately ~one lane of existing pavement from abandoned Quantum Lakes Drive, This road will cont hue norths p¢oviding access,to ,the three existing buildings and the three additional buildings. A connection to the existing development is eca'ted~at-the northwest corner of the site, This connection was approved through the Minor Modification process for the existing site plan. The second entrance is configured around a landscaped island, tt has a 15 foot wide en, t~'ance ane and a:15 foot wide exit ane; The exit and entrance lanes converge into a 24 foo~.~,~de., drive aisle that will be gated., A.Kne~ BOx system Will provide access for emerger~ vehicles. Parking Facility: The prop,esed s te:rpian provides 84 parking spaces. ,q'he applicant has calculated parking using a:;~ej~mU~.of,, i 75 spaces;per unit ~ith,-a?, addit onal;,five percent (5%) of the tet~l al dc~(~;~o¢ guest paCking. This ,l~arking formula waS'approved w th the odginal site plan by waiver, BaS~l,on tills formula, a itotaf of 78 spaces are required including two (2) spaces for handicap use. Of this total 30 spaces will be provided in garages and 54 will be provided in the surt'ace lots. Parking space dimensions will conform to code requirements of nine feet by eighteen feet except for 'those spaces provided in front of an enclosed garage space. These spaces vary in width upt0 four (4) feet less than the required 12 feet for these types of spaces. This waiver*was approved with the original site plan for the project. The parking area design does, not meet the city!s code regarding the 27 foot m[mmum drive aisle width~ The plans show a 25 foot drive aisle throughout the project parking area. Landscaping: The landsCaping,proposed for the sit, e will meet or,exceed the code and continue the theme approved for th~ de~/elopment. B~Cause the neTM a~'ea (o be deveoped includes existing vegetation, the applicant has provided a tree (emoval and replacement plan that must be approved by the City Forester/Environmentalist. A five foot buffer is provided along the north, south and west sides of the site. The access drive is located on the east side of the site the proposed addition. The jogging path curran~ nt to the lake will be removed and replaced with landscaping. 4antings are p(oposed for all of the apartment buildings. A five (5) foot provided alpng:the north property line and will include live oak trees planted two (2) foot high viburnum hedge matching the approved ~t to the east. Vi as at .,Quantum Lake s proposed to transition into the future mixed use north. The secorid entrance will be lushly landscaped and granulosa which are s~gnature trees Building and Site: The City Commission adopted Ordinance No. 00-52 amending the Land Development Regulations Chapter 2, Section 7, Planned Industrial Developments to allow mixed use pods in a PID. The ordinance outlines special submission requirements, procedures for rewew anc for waivers from standard development regulations. This application is Page 3 Villas at Quantum Lakes Major Site Plan Modification Staff Repor~ Memorandum No. PZ 02-014 considered a "technical site plan" as defined by the ordinance. A total of six (6) of the ~.~, (8) waivers originally approved are requested in conjunction with this submittal. A list of ~ approved additon is located on the site plan. and approved W th the original s te plan approval requirement :for building dts. The waiver for the pool setback gs only. No other :he buildings. The three (3) new are designed with roofs identical to the approved shuttered windows and pr0vidi more ~ities and common areas. ~lgnage; RECOMMENDATION: Staff recommends that this site plan request be approved subject to the comments included in Exhibit "C' - Conditions of Approval, The Technical Review Comr~ittee (TRC) recommends that the deficiencies identified in this exhibit be corrected on the setef p aris submitted feribuilding, r;~ permit. Approved waivers applicable to this, site plan addition in~ude: Reduction in required parking; parking space width, reduced front, rear and s de yard setba(~ks; setback ~eAsurement reduced,.bacl~-up dimension and lands~ping be~een residential and commercial uses, xc: Central File LOCATION MAP Villas at Quantum Lake I I I I I I I I I I EXHIBIT "B i' tl:llj iii, lit / ~i'J 'I il EXHIBIT "B" ~i I II~"ii'l EXHIBIT "B" !llll! i ~li, ! I i HIBIT "B." EXHIBIT "B" :Conditiqns of Approval Project name: Villas ~ Quantum Lakes File timber: MSPM 1~ 1-002 Reference 2nd review plans identified as Major Site Plan Modifieauon'Ffle# MSPM 01-002 With a January 15, 2002;plarming 8cZ~ning date stamp marking. : ..... INCLUDE REJECT · General · : - , PUBLIC WORI~S~ Cdmmentm ~oiae PUBLIC WORKS~ Traffic Comments: NOhe ~. ; , X 4~, ~ ~ ' I UTTLITIES ' I Comments: 1. The applie~ant shall sign a utility hold harmless agreement regarding famre X ~. utilit~ re~ to those improved areas within the existing (and newly ~ proposed) easements. 2. , All utili~ ~as]ements shall be shown on the rectified sit~e plan, preliminary X ~ engineefi~ l~an and landscaping drawings so the [the dity] may determin~ which trees may interfere with utilities. This has not been a4dressed. In general, p~l~ trees will be the only tree species anowed Mth utility easements C~nopy trees may be planted outside of the easement so that roots and;tx~ches will not impact those utilities within the easement in the foreseeable f4ture. LDR Sec. 7.5-18 1 give public utilities the authority to remove any *trees that interfere with utility serv/ces, either in utility 3. On the Preliminary Engineering Plan, proposed building number two (2) X > [middle b~ilding] appears too close to the existing sanitary sewer collection line. The idepth of the existing line is greater than average. The applicant will be required to either a) reposition the building closer to the water management tract, b) relocate additional segments of the existing sewer away from the b~ilding c) consider a grade beam-subsurface retaining wall for the face of the building to keep it in place in the event the sewer main has to be excavated for a repair, or d) the applicant's alternate solution to the situation. Easement widths are dependent on depth of the system in concern and the soil conditions supporting the adjacent structures. FIRE ,~onditions of Approval DEPARTMENTS INCLUDE REJECT 4. Design documents shah demons~ate compliance with LDR Chapter 6, X Section 16, which provides requirements for hydrants. Hydrants in commercial application shall be no more than 300 feet apart and the remotest part of any structure shalI be no more than 200 feet from'J hydrant. Connections shall'be to mains no less than six (6) inches in diameter:tn addition io domestic reqUirements at a'residual pressure of not less {ban 20 psi, a fire flow of at least 1500 gpm is required. 5. Design documents where.underground water mains and hydrants am to be X pro. vided, must d~on~te that they will:be iflStalled, completed, afidin se/vice prior to ¢onstmcfi6n worl/per NFpA: t; (1997) sec~on 41-2~3.2. 6. City Ordinance Section 9-6, 3. '/7-11 reqUires aplSmved automatic fire X sprinkler systems throughout the ~01lowing: a) Institutio~nal or educational buildings, hospitals, nurs/ng homes, homes!for the aged, c6n;¢~escent centers, rehabilitation facilities day care centers,for m0~e than i2 cl~ents under 1 year of age, adult cpngregate living facilities, and all occupancies and uses of simila/nature. · b) Al/wopd or partial wood frame buildings or structures which are 2 stones or more than 20 feet m hexght as measured from finish groun{ floor grade to the underside Of the t~pmost roof assembly. c) All buildings or structures regardless of the type of construction which are 3 stories or mOre in height or all buildings or structures in excess of 30 feet in height as measured from fmish ground floor grade to the underside of the topmost roof assembly. d) All bUildings 'or structures regardless of the type of construction that are in excess of 12,000 square feet per floor. e) All portions or sections o£buildings or structures which are below grade or which constitute the basement area of a building or structure regardles~ o1' square footage of floor area or type of construction. POLICE Comments: None X ENGINEERING DIVISION Comments: 7. Prov/de signing and striping plans at time of permitting. X Conditions of Approval DEPARTMENTS INCLUDE REJECT 8. Parallel parking will be allowed on QU ~a)~jgm Lakes. Driye east of Quantum Boulevard with adjustment t~ SWi'6urb ~adius.' ~ ./,: ~ ' 9. Proof of other agency perm/ts shall be require&prior to the issuance o~ Ce paving and drainage permi. , , · - X 10. Provide a copy of the modified~SFWMDpermit. ~ -, 11. It is reco: ,n~ended tha~t a~.~,~:~ip~g ~ ~ed ~q~ ~lay;e~emt, , ~ · ~ X- payement island ~nd fr~.~m~ ,'.~!i~:.~q ~g~/)~ tq~t~er~'~tia! ¢ine. drawn from the pB:tposeK sffi~:a~.a¢~n,t ~o ~e4ngresF msles no//I~-wi/rd to the ex~stmg s~dewa!,k. ~Th~s~ ~k~g ~c tq a p~n~r out !n the roadway for clear li~e oi~ sight p~oses; ~6locate the ex~st~ng~s~top s~gn acdordingly. 12. A~ a note to the!landsca~p~n~ !q~ that ¢?;~st!ng~ and prqpoBe.~,d~ ~ee5 along th~madway shall0 ba~tdmm~d~to prevent s[ado~g on ithe.Loa~wa, y. BUmD O Comments: None , X PARKS AND RECREATION Comments: 13. As a condition of~ssuance of a land development order for a residghtial X planned unit development the developer, shall dedicate land, pay a fee in lieu thereof or both, a~ the option of the city, for park or recreational purposes and according to the standards and formula in Chapter 1, Article V in the Land Development Code. 14. The City Commission exempted the original 2'~2 units of the Grotto Bay X (a.k.a. Villas ~ Quantum Lake) development from the requirements of the Recreation Dedication Ordinance. This submittal indicates that there wilt be 314 residential units. The additional 42 dwelling units are subject to the Ordinance. Based on the additional 42 residential units the dedication requirement is computed as follows: I 42 dwelling units x .015 acres each ~ .63 acres 15. If V2 credit for recreation is granted the dedication requirement is computed X as follows: .63 acres divided by 2 = .315 acres Conditions of Approval DEPARTMENTS INCLUDE REJECT 16. At t!:ds time, ½ credit for private recreatiOn is recommended. Private recreation includes: X a) Children's play apparatus area. . b) Landscape park-like quiet areas. c) Family picmc areas. d) Swimming pool and lawn areas e) Recreation center building including: 1. Full indoor basketball court. 2. Indoor racquetball court. 3. Exercise room. 4. Media room. 5. Party room. 6. Kitchen. 7. Bar area. f) Dock/Fishingdeck FORESTER/ENVIRONMENTALIST Comments: 17. The applicant shcmld indicate on the landscape plan the existing trees that X will be removed / replaced on the site. This should be shown in a tabular summary for all trees including the common areas and the lake plantings (upland and littoral vegetation). All trees should be replaced with an equal quantity of tree caliper inches. PLANNING AND ZONING Comments: 18. A re-plat is required for this addition. No building permits will be issued X prior to the recordation of the plat. 19. Elevation for Building Type IV to match previously approved and permitted X plans. 20. Provide an engineers certificate in writing that drainage will conform to all X Rules, Regulations, and Codes of the City Of Boynton Beach. 21. No signage is being approved with this submittal. X 22. Provide a colored elevation drawing of the site for the Planning and X Development Board meeting. 23. Indicate the color palette of the building materials by manufactures name X and number on the elevation drawing sheet B4 - 4. Conditiom of Approval DEPARTMENTS INCLUDE! REJECT 24. On site plan sheet SP-1 correct waiver #2 to allow a width of 25 feet for the X i back-up dimensi(m ' I 25. No: structures including overhangs shall encroach into the easement ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS Comments: 26. Omj"t condiflons #13, #14, #15, and #16 pmsuant to Board's understgg~g :.~__ -- , X that.recreation impact fee was waived for the first 500 units, 27. ormt conamon ~tzo as ~t nas t~een salast~ect ADDITIONAL CITY COMMISSION CONDITIONS ~ Comments: To be determ/med. DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Villas @ Quantum Lakes APPLICANT'S AGENT: Mark Hansen APPLICANT'S ADDRESS: 1062 Coral Ridge Drive Coral Springs FL. 33071 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: February 5, 2002 TYPE OF RELIEF SOUGHT: Major modification to existing site plan for additional 42 units. LOCATION OF PROPERTY: Quantum Lakes Ddve DRAWING(S): SEE EXHIBIT "B' ATTACHED HERETO. x THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boyn~on Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Applicant's application for relief is hereby GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Orcler shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:\P~anning\SHARED\WP\PROJECTS\Villas at Quantum Lakes aka Grotto Bay\MSPM 01-002\Develop. Order Form-2002-Revised.doc Requested City Comm~ssmn Meetin~ Dates [] November 213. 2001 [] December 4. 2001 [] December 18.2001 [] Januar3 2, 2002 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FOR_ Date Final Form Must be Turned Requested City Commission in to Cii2 Clerk's OWme Meetin~ Dates November 7. 2001 (5:00 p.m.) 1~ January 15, 2002 November 21. 2001 ~5:00 p.m.) [5~ February 5, 2002 December 5. 2001 (5:00 p.m.) V-- February 19. 2002 December I9, 2001 (5:00 p.m.) ]~ M~rch 5, 2002 VII.-CONSENT AGENDA ITEM F Date FinalForm Mustbe Turned in to Cit3 Clerk's Office January 3, 2002 (5:00 p.m.i Janumy 16, 2002 (5:00 p.m.) Febma~ 6, 2002 (5:00 p.m.) FebrumT 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 to authorize the Utilities Department to turn over $147,344.24 in unpaid Utility and Refuse billings to the City's collection agency, and authorize the Finance Department to reduce the Allowance for Uncollectible Account by that same amount. EXPLANATION: The $147,344.24 involves 987 accounts for the fiscal year 2000 and one account from fiscal year 1999. Attempts by the City to collect these past due amounts have been unsuccessful since a majority of the accounts are from rentals and the customer moved from the area. The amount being deemed uncollectible comprises one-half of one percent (actually 0.54%) of the total amount billed during that period for water, sewer, stormwater and refuse. We consider this an acceptable loss when compared to neighboring municipalities, such as Deerfield Beach, Boca Raton, Delray Beach and Lake Worth who consider an average of 1/2% to 1% loss in uncollected revenues to be acceptable. Our percentage falls within that value, and is therefore within the local governmental standard. PROGRAM IMPACT: None S :~B UL LET fNWORMS~_GEN DA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM FISCAL IMPACT: Minimal since the amount being deemed uncollectible is less than l% of the total revenues collected for that time period. ALTERNATIVES: Continue to carD' the unpaid accounts in the Allowance for Uncollectible Accounts. Department Head's Signature //5-,/~2~ ~ '$~fty Manager s S~gnamre XC: Utilities Department Name Dale Sugerman (w/attachments) Peter Mazzella Tony Penn Bill Atkins, Finance Dept. City Attorney File City AYtOme-y / Financ~ / Human Resources S:~BULLETri~FORMS~AGENDA ITEM REQUEST FORM.DOC 0 0 0 0 NATURE OF AGENDA fl'EM VII.-CONSENT AGENDA ITEM G. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned ha to Ci~' Clerk's Office November 7, 2001 (5:00 p.m.) [] Januav~ [5,2002 November21,2001 (5:00p.m.) [] Febraary S, 2002 January 3, 2002 (5:00 p.m.) January 16, 2002 (5:00 p.m.) December5,2001 (5~Op.m.) [] Febmar~ 19.2002 February6,2002(5:O0p.m3 December 19,2001 (5:00 p.m.) ~ M~h 5. 2002 Febm~ 20, ~02 (5:00 ~ A~is~afive ~ Develo~t PI~ ~ Co~t Ag~ ~ New B~m~s ~ ~blic H~Mg ~ Legal ~ Bids ~ Un~sh~Bus~s ~ ~o~t ~ ~es~tafion r~ ~ Ci~ ~'s R~on RECOMMENDATION: Motion to authorize the Golf Director to negotiate a contract with the number one ranked Golf Course Architect, Charles Ankrom of Stuart, FL, to provide architectural and consulting services to the golf course staff in remodeling and renovating the nine (9) hole Executive Course and practice facilities at The Links. EXPLANATION: The Links' staff is looking for professional services from a qualified golf course architect to help guide the remodeling of the existing Executive Course and practice facilities. After receiving seven responses to its RFQ//O16-2910-02/KR the selection committee chose three applicants for consideration ranked: 1) Charles Ankrom, 2) Ron Garl, and 3) Robert Walker. As the attached memorandum 02-003 states the selection committee was very satisfied with Mr. Ankrom's work in rebuilding the Championship Course greens' complexes in 1992 and 1993 and looks forward to working with him on this project if an agreement can be reached. On page 7 of the RFQ under Section B, clause 1, it is stated "Pursuant to the ... 'Consultants Competitive Negotiations Act'. 1) The City will provide au interview panel which will review all RFQ responses, may formally interview eligible and top ranking qnalifiers if deemed necessary by the selection committee, and recmmnend the top fa-ms." As the attached memo 02-003 states the selection committee was very comfortable making this recommendation and rankings without the need for further information~ PROGRAM IMPACT: Our current Executive Course is too hard for the average or beginner player, and too easy for the expert player, and golf course staff feels with some remodeling and upgrading it can create a "Family Golf Course" which will better serve its customer base and surrounding community. In addition, the practice areas need enlarging and rebuilding to better handle the current demand which has seen a 100% increase in activity and revenues since opening in 1984. The renovation of the Executive Course offers the best avenue for growth at The Links, and the upgrading of the practice facilities the best approach to creating new customers. CITY OF BOYNTON BEACH AGENDA ITEM ~QUEST FORM FISCAL IMPACT: The project will cost approximately $800;000 to: $900,000 which' is available in retained earnings account ~411-0000-272-'01-00. ALTERNATIVES: The City Commission can opt to formally interview either all seven submitting architects, choose to interview the three top ranked architects by the selection committee, or direct staff to do either one of these two alternatives. /De~6nt Head~'~signamr¢ The Links at BoymCn Beach Department Name ..... ~ity~rlanager's Signature ~[~ ~¢grney 2 Finance / Human Resources S ABULLETIN~FORMS~GENDA ITEM REQUEST FORM.DOC To: Bill Atkins, Director of Procurement Thn~ Dale Sugerman, Assistant Ci~n~ger / ~ From: Joe $ciortino, Golf Director ~:~// Date: January '15, 2002 Re: Golf Course Architect RFQ #0t6-29t0-021KR The Selection Committee met yesterday to discuss the RFQ from Golf Course Architects for the renovation of the Executive Course and Practice Facilities. The Committee members are Dan Hager (Head Golf Professional), Scott Wahlin (Golf Course Superintendent), Tom Egnazcyk (Assistant Golf Course Superintendent), Jim Smith (Vice Chairman and County Member of the Golf Course Advisory Board), and me. After reviewing the submittals the committee felt very comfortable ranking the. archite.cts without needing any- additi0nal information. The committee was unanimous in ranking Chanes Ankrom as the number..one candidate. In particu ar the job he did for our course ~n rebuilding the' Championship;greens~in 1992 and 1993 was an exceptional success. Scott Wahlin has found his drawings of those new greens' complexes precise and helpful in managing their maintenance, and that ~ey ware "maintenance friendly" designs. Tom Egnazcyk found working with Mr. Ankrorn dudng the renovation a pleasure, and commented that the construction shapers.found following his design easy as well. I was appreciative of Mr. Ankrom's incorporation of;staff suggestions into h s des gns. And both Jim Smith and Dan Hager commented that they never tire of playing the greens, having the dght combination of challenge and ease. The committee ranked Mr. Garl second his reputation and interest in the project noteworthy. Although there wes some concern expressed about Mr. Garl's personal attention to the project, no One on the committee dOubted that, if given the project, that the final result would not be excellent.~ Mr. Gart's design concepts for practice areas was also given a lot of consideration. And final!~ the commi~ found Mr. Walker's subm ttal and pictures of his work admirable. Several oflhis four music pal employers found him a pleasUre to work with and very satiSfied with the results. Jim smi~ had played one of his courses and liked it very much. The committee recommends negotiating a contract with'Mr. Ankrom, with City Commission approval, as soon as possible. · :oo O-n mm o;0 zz mo Or- o~ ' cm 00 ~0 ~0 = ~ mO m ~ ~z ~z zz ~z ~ >~ z ~ ~o ~ o~ ~ ~ = ~o o m z mZ mz ~' m ~ o ~o ~> >~ ~ m ~ ~ ~ ~ 0 ~ 9 a - ~ 0 m ~ _ z ~ < 0 ~! m m ~ ~0~ m m '> m m m ~. ~ ~ mo ~ ~ m m ~> m m m ~ o ..~mm~ om 0~2~ m m ~> m m m ~ m ~ Oo z~ "nm Ill 'I'1 O0 0 '. mm ~ ~ zz rn 0 z z r' ~ ..m "I'1"11 Z~ ? ~ ~ "'" m ~ m : i . 0:0 0; 'I]-0 zz mO Keques~ed City Corrarass~on .M__geune Dates [] Novmuber 20, 2001 [] December 4. 2001 [] December 15.2001 XZ.- NEW BUSI'NESS ITEM A. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORx,t Date Final Form Must be Turned in to Cil~ Clerk's Office November 7. 2001 (5:00 p.m. November 21, 2001 15:00 p.m.~ December 5, 2001 15:00 p.m.) December 19, 2001 (5:00p.m.~ Requested City Comrrdsmon Meeting Dates [] January 15. 2002 February 5. 2002 [] February 19, 2002 [] March 5. 2002 Date Final Form Must be Turned in to ffit¥ Clerk's Office lanuar~ 3. 2002 {5:00 p.m.) Januar3 [6, 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: Review of Code Compliance Board Order regarding Riverwalk Plaza Joint Venture Lien Reduction. The Code Compliance Board recommended reducing the lien in Case # 99-1157, to $6.500.00. (Minutes enclosed). The original amount of the lien was $152,500.00 plus $730.15 in administrative costs, EXPLANATION: Riverwalk shopping center did not receive a complete final inspection for site permii #96-4225 by the Department of Development. (Department of Development Memo No. BD 99-003 enclosed). Therefore the case was referred to the Code Compliance Division for proper enforcement. Violation issues were: · A,barrier fence on south property line · Landscaping deficiencies · Dumpster Location/Enclosure PROGRAM IMPACT: To date, the property is in full compliance. FISCAL IMPACT: ALTERNATIVES: Accept the Board's recommendation, modify it not to exceed $152.500.00 plus the $730.15 in administra~/~s~rescind the entire fine. - ~¢; Manager s Slgllamre Dep~P~ignamre ~Department Name City Attorney / Finance / Human Resources S:kB~SLLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH. FLORIDA - CODE COMPLIANCE BOARD CASE NO. 99-I 157 Petitioner, vs. RIVERWALK PLAZA JOINT VENTURE Respondent(s). LIEN MODIFICATION ORDER THIS CAUSE came before the City of Boynton Beach Code Compliance Board on the Respondent's application for lien reduction on January 24, 2002, pursuant to Chapter two, Article five of the Cit~ Code of:Ordinances. The Board having considered the application, all the facts regarding the specific code or codes the appealing party was in violation of, the date of the original board hearing, the date the affidavit of compliance was issued, the current lien amount and all pertinent information relating to the specific case and being otherwise duly advised in the premises, it is hereupon, ORDERED AND ADJUDGED that: 1. This Board has subject mar[er jurisdiction of this cause and jurisdiction over the Respondent. 2. The Respondent has met all the lien reduction procedures established by the City Code of Ordinances. 3. The lien ~mposed by the Board on January 19, 2000, on the Property located at 1608 S Federal Hiehwav, Boymon Beach, Florida, with the legal description of: ROUSSEAUS SUB TH PT OF LTS 1 & 2 1YGS OF 15TH AVE & W OF FIND CANAL PdW (LESS PAR IN.OR3402P1637) according to the plat thereof as recorded in ORB 09484, Page 0376, of the Public Records of Palm Beach County, Florida, PCN: 08- 43-45-34-01-000-0011, is REDUCED TO $6,500.00. 4. The Ci.ty shall prepare a release and satisfaction consistent with this Order. 5. The release and satisfaction shall be recorded in the pubhc records of Palm Beach County at the Respondent's expense. This Order is not t-mai until the time period for appeal under the Code has elapsed and if appealed is properly disposed by tho City Commission. DONE AND ORDERED after hearing at City of Boynton Beach, Palm Beach County, Florida this ~_:~ay 0~ 2002. ATTEST: Q,~Y CLEI copies furnished: ~HAmMAN CODE COMPLL~uNCE BOARD [ I Honorable Mayor and the City Commission City Attorney City Clerk Respondent S:ea/deptstpolice/Lien Modification Order Form TO: FROM: DATE: SUBJECT: James Cherof, City Attorney Building Official~' Don .[ohnson, Deputy January 4, 1999 FOR WALGREENS On November 24, 1998, I copied you with a letter sent to Mr. Michael C~ey ofthe Riverwalk Plaza. The inteut of this letterwas to the site work for Riverwalk Phz~ : received a. complete final for site ortho permanent Certificate of Completi0n for Walgreens as Walgreens was the tast large stracture ~to be!'~tmproved. Walgreens also had a drive-through pharmacy and site imProvements that went along with their bulldog. Mr. Carey has never received a complete final for the building portion, landscaping and ~rigation for the entire Riverwalk Plaza site. One Of the outstanding items was to construct a masonry buffer w~ between his site and the adjacent property to the south which he has not be_~-an Waloreens temvorarv certificate of Cginp!etionwas initially, issued on July 31, 1998 an~ his rece?ved five mDnths-~o~ex~enSions. Hi; last successfully passed inspection was for paving and drainage and was approved on 10/21/98. Since that nme, there bas been no constmcuon activity at this site. Please notify me at your earl/est convenience of what remedies we may legally take to bring this site into compliance. Bulent I. Kastarlak w/attachments Michael E. Haag w/attachments Permits 96-4225 & 97-2370 D$:bg Attachments XC: Meeting Code Csmpiiar~eBoard Boyr~ton* Beach,::~ rid a January 24, 2002 VI. OLD?B~$~ESS A~ ~ REDUCTIONS Case No~99~-1~ Riverwalk Plaza Joint Venture 1690 S. Congress Avenue Suite 200 Delray Beach, FI 33445 1608 S. Federal Highway Scott B'iasJe, r~Compliance Administrator, explained that this case was tabled at the .November C=de~omoliance Board meedng. They tabled it in December due to some ';confusio~ on:sfas [3ad as to the actua~ length of the tabling. All the Board members ,'ece~ved pactc, e~of information from the Planning & Zoning Division and the Building Division~ Ms. ;"~a Galav and Mr. Den Johnson were present to answer questions at3out~their reepe~ive areas. Mr. Foot ino, u~e~f the Assistant City Attorney, David Tolces, whether the Board should be co~ceme~:~t having gotten the information from the City about this case outside of the head.~. Mr. Tolces responded that this was not a problem because the i~formation we¢Cbe part of the record and theappticant received a CODy of it also. 'Mr. Rossi:askedC~e City to summarize the major points of the case for the Board. Chairman DelJs~stated that, realistically, the fine of $152,500 was based on a fine of $250 per day,Cbs administrative costs and that the Board Should COnsider that it normally cba(g~sviolators $25.00 a day. At $25/day the fine would be $15,250 p~us administrativerc..~tS or if $50/day, $30.5K plus administrative costs. Don Johnson, ~ilding Official, gave a detailed chronology of the events that transpired from ~ issuance of the Site improvement Permit ¢¢96-4225 for Riverwalk Shopping Centeron October 9, 1996, to the present day. His letter of January 22, 2002 .summarizes :the~ase ano is attached to and made a part of the original minutes on file in the City Clerk.",s ~ice. along with the rest of the information contained in the packets .given to the .8oa¢¢. A copy of the minutes and a copy of the backup information will be .forwarded'te'the~fty Commission for their information. The RiYerwalk *~opping Center project involved the renovation of an entire shopping center. Permit,S-4.225 received its final inspection to complete the Site Improvement Permit. on Augur3, 2001, more than four years later. Walgreens asked for and received a permit for irite~er and exterior renovations on September 19, 1997. This permit was the last phase,¢renovation for the shopping center. The City of Boynton Beach issued a thirty-day TeC.~porary Certificate of Completion for Walgreens on July 31, 1998. Watgreens .to 'ta~. completed the requirements of their permit, but the site issues prevented the~ from receiwng a full Certificate of Completion. This went on for six months and .wb~ it appeared the site issues were preventing the project from being completed, the (B~ilding Division stopped issuing Temporary Certificates of Completion. The matter was ~ought to the attention of the City Attorney, Jim Cherof, who suggested that the case ,~ handled via the Code Compliance process. The Code Compliance Board found Rhtarwalk in violation of the Standard Building Code 1994 Meeting Minutes Code Compliance Board Boynton Beach. Florida January 24, 2002 Edition. Section 104.6.1 and ~ssued an Order on October 20. 1999 that Riverwalk comply By December 1 1999 or be fined $250.00 oer oay plus administrative costs. Mr Johnson included information in the members' packets -egaromg the history of me 110 ,inspections rectuested Qn the B,b/erw~ k Site mprov~ement Permit, ofwh ch 69 were abp~:o(,~d and 41 w~re di~apPrqved, H;e also lOC uded a copy of tiie application a~nd a description of the work involved for the site Permit the varic~us letters between the City and the developer's representative, Miqhael,:Caroy, a copy of letters from Mr. Carey in agreement that Riverwalk w~uld complete all the'site work items by particular dates, and many other letters and documents. imminent, the own~ contractor was Inland Navigation replace ;the r~ Cib permanent Certificate Florida center and the adjoi~fng request was granted at the able .to issue the Mr. Foot wanted to know what the City believes ~s the effective period of violation and what the City recommended. Mr. Blasie stated that December 1.1999 was the date that the fine .started accruing, He thought the task for today wes to establish the facts that dated from that ,time up until the date of compliance, August 3, 2001. Mr, Foot asked what the item was that was not done at the time of the, BOard Order in 1999. Mr. Johnson stated that the key item was that walgreen's did not receive its final certificate of Completion from September 19~ 1999,, when the first Temporary 'Certificate of Completion was :granted, until August 3, 2001. Robert Levy, Riverwalk Plaza Joint Venture. stated that one of the major taSKS was to determine exactly what was not done from-December of 1.999 to August of 2001. t sounded like the shopping center had r~een sitting in disarray and serving as a nuisance to the community, but from a technical standpoint, the Building Division was trying to get the project completed from the standpoint of paperwork and a Certificate of Corr~pletion for Walgreens. The redevelopment of the property dealt with old. existing buildings that had to be torn down or, upgraded and enhanced to meet present codes. The work was done in phases. He made reference to Inspector Roy's appearance before the Code Compliance Boar(~ on October 20,-'~999 when Inspector Roy referred to a puncl~ list of some twenty items that needed to be finished. At that time. Inspector Roy stated that the landscaping was almost complete. Mr. Levy cited this comment as an example of something thai was almost completed and still, the Certificate of Completion for Walgreens was not obtained until last summer. Mr. Levy stated that there were three main items that delayed the final Certificate of Completion for Walgreens and they were: 1 ) the landscaping on the eastern property 3 Code Compliance Board Boyn[on Beach. Florida January. 24. 200'2 line buffering the property from the residents on the east side of the Intrecoasta~ Waterway This was an expensive landscaoin9 ,!ob that was put ~n as an upgrade to ~ne landscaping that was there when K-Mart was there, t was a tricky situation on ~)rooert~ line since there were two other property owners [o the north and south and the prot3er'[y lines are not simply definen. The improvements the City requested for that area rec uired a resurvey of the area and a number of meetings were held with Mike Rumpf to establish what should be put into the landscape area. One of the problems was that they were trying to ~u[ a ~o[ of lanoscaping into a very small area and there were some physical constraints as to fitting it in. When that was resolved and the survey was done ~n October of 1999, the landscaping was pretty much completed. That was one of the main issues. If you look at the twenty-item list to which inspector Roy made, reference. most of the items had to do with tandscaoing. Another item from this list was 2) the buffer wail. which is required by the Zoning Code, as a buffer between their property and the property to the south of them. The procerty to the south is basically a jurisdictional wetland. Because the City has designated that land for residential use, ultimately, having the wail would be a normal requirement between a commercial and a residential area, They believe that the property is never going to be developed because it is a wetland and will be protected, or so he has been told. Their preference was not to put a wall there but to put a chain link fence and landscaping to keep as much greenery around the property as possible. They thought this was better for the beautification and long-term enjoyment of the property and that a wail would be subject to graffiti, aging, and other problems. When they onginally applied for a vadance for the buffer wall, some dates and notices changed on the variance date and they did not come to the variance meeting because of the mix-up regarding the date. When the vadance was heard, it was denied because they did not appear at the meeting. Then, there were some meetings with staff and with some people in the City. Most people agreed that landscaping was a benefit versus the wall. They then re-applied for the vadance but were not allowed to do so for a year based on law. Before they applied for a new variance, they posted a bond. They did not do anything as a shortcut but thought their point of view was the best for the long-term use of the shopping center. The landscaping they did cost quite a bit more than just building a wail would have. He did not want the Board to think they were looking for a cheap way togo. Ultimately, the City Commission approved the variance, they made the improvements, and the bond was released. The third item that was part of the twenty-item list was 3) the dumpsters. The Site Plan required some dumpstere but they did ,not have a use for them. based on the users in the shopping center. They did not realize that the City required them. even if they were not going to be used. It did not make sense to them since dumpsters are unattractive at best. They later'learned that the City wanted the dumps[ere. At that point they hired an architect, went for a permit, and got them built. It happened towards the latter end of the project, based on the circumstances just mentioned. Mr. Levy mentioned that eany on in the project the economy was good and they had no [rouble finding workmen to do things. Towards the latter end of the project, when they 4 Meetin9 Minutes Code Compliance Board Boynton Beach. Florida Januaw 24 2002 were trying to finish many small things, they discovereo that workmen did not want take on small jobs if they had something bigger to do. Mr, Levy stated that one of the reasons,he nad gotten involved in the oroject was that Boynton Beach was (rying t¢ do so~a,t,h, ing withthe U,S, 1 Corridor. He believed the Riverwalk Shoppir~g center was a de§~i~e asset to the City. -Choy believe that their c ean uu of that comer spurred pa$itive activity for deve/ooment along (he U,S. ~ Corridor. Another po nt Mr. _ev:y wshed the Board to consider was that for the past three years the County has assessed this Property as being 100% complete and they have been paying the. full assessment of ta,xes on the property for that period of time. The tax base c~n the property has, trip!ed frQm the day they beg,an,,the project until three years ago, when there was a fi. il a~sessmant' b~Se~ on:the com~ietbn 0f!th~ proPed:y. He said they had done everything, they cou d to make the project mutuatly succe,ssful between the r comoanv'~nd :the;-Citv. TheY had their; prdbie~s With coatra~tors ge'tting t~ings done and s~me'o~':~e iS~.ueatO0k longer mca; ~xPe¢~d,'l~at ~e bet result Was a beautifully' finished .project that ;should benefit the. city; They have never thed tO get away with something or,ct de something. EverYth ng .is centered and' they are paying their taxes and contributing to the community. ' Chair DeLiso thought that the period of violation should be 610 days minus 365 days, due to the one-year delay that resulted from a miscommunication. Mr. Foot asked for a reading on this from the City. Mr. Blasie said he could not speak about the misunderstanding since he was not a party to it but he agreed that they had to wait a year. Mr, Foot inquired into the nature of the misunderstanding. He questioned their claim that they'were not properly informed. Ms. Galav stated that her research indicated that the odginal vadance came before the City Commission on May 19, 1998 and was subsequently tabled three times before it reappeared on August 18, 1998 at which time the City Commission ratified the Planning & Development Board's denial at that time. She did not have.any information in her files that stated whether the applicant received proper notice or not. Their current policy is that the applicant gets a copy of the agenda prior to the City Commission or any Board mee,Jng that they handle. She stated that it had been on the agenda for at least four months before it was actually heard. Chair DeLiso asked whether it had been denied because the applicant did not attend a meeting. MS, Galav Said that on the original denial, staff had recommended denial and the Planning & Development Boara recommended denial, due to lack of hardship. Staff also recommended denial on the second variance, but added conditions in case the Board wanted to approve it. The Planning & Development Board chose to approve it at that time due to the circumstances that were brought forward by the City Forester regarding the property to the south. Mr. Foot asked Mr, Levy why he believed that this case might not come up at a Commission meeting subsequent to the first time it was tabled. He assumed that he was a pad: to the tabling at the outset. He wondered why they were not attentive to the ~otianoe Boara Boyn[on Beach. Florida January 24, 2002 date when t would come up be¢ore the Commission. Mr. Levy said that there were a qumber of oates that came forward as the tabling was done. He stated that wnen the new aate in August came up, they did not get a notice for [hat meeting. They naa another date for when the meeting was supposed to take place. They actually came to a meeting and were told that the meeting was the day or the week before. He comes to all the meetings and he wou~d have been the one to come to that meeting. They were given the wrong date for the meeting and they showed up or) that wrong date. Mr. Foot askea who had given them the date of the meeting that was wrong. Mr. Levy had a schedule with a date out could not pinpoint it. Mr. Foot asked Mr. Levy to reiterate the open issues, which he did as follows: 1 ) Landscaping on the east side towards the Intracoastai 2) buffer wall 3) dumpsters 4) general items on the 28-item punch list dated 11/2/98 from Mr. Haig. Mr. Levy said that the things on the punch list had been substantially done over two years ago. He felt that because the entire punch list keeps going forward, even after things are done, that the appearance is given that more work needs to be done than is actually the case. Mr. Rossi looked at the packet and stated his disbelief ti~at such a task could take four years. He thought that the Riverwalk organization had agreed to certain things at the time of approval but that in the back of their minds was the thought "we'll substitute something else for that." He said that as to the survey, this was a normal problem for a developer and that developers know what to expect, know what to do, and they solve problems before the end. It seemed to Mr~ Rossi that Riverwalk was trying to maneuver around cedain things and that this extended the time on the project. He believed that it was never their intention to do the wail from the beginning, Mr. Rossi stated that they had kel:)t dragging their feet until the fine was really high. Mr. Levy stated that most of the items on the punch list had been substantially completed from the time the ~ien was originally applied. Mr. Foot said that Mr. Levy had not given them dates on the activities that had been completed much earlier, When was the landscaping on the Intracoastal side completed? Mr. Levy said it was completed some time in November of 1999. Mr. Foot asked when the dumpsters were completed? Mr. Johnson replied that the last dumpster pad location was approved on November 24, 1999. Mr. Foot stated that two of the three items Ihat the contractor thought were significant were completed before December I of 1999, which would leave only the wall versus fence issue. Was that the City's feeling? Mr. Johnson said that the City's bottom line was that they did not receive a final inspe~on until August 372001 to complete .the project on this Bite Permit. If one ~[em is outstanding, it cannot be approved. The entire permit and inspection process must be adhered to for a particular permit number. Ms, Zibelli stated that she has lived in this city smca 1962 and has been a Commissioner. She knew that dealing with the City of Boynton Beach's permitting process was a problem and had been for years. She contrasted the old shopping center 6 Meeting Minutes Code Compliance Board Boynton Beach. Florida Janua~ 24.2002 with the new one and said that the City sho,uld shake the developer's hand for what they had done. The developer did not get any incentives like Mr. Garcia did for the Marina and didn't get any,special dispensations for perm ts; he paid for everything. She felt that he put n good. Solid tenantS that w II probab!y be there for a long time. Also. sne preferred greenery to awal s nco there were wells everywhere. Mr. Miriana stateo that the whole ;project was notin vi¢!ati0n, just certain items. The fine was mposed only becadse the:Booed Wanted to pUsrh the contractor to get this p~oject completed. Now the Board was try ng t6 fine the conti'a~,tor for all of the violations but that this was not right He thought the ccntractor should be given consideration. He knew the permitting process Was 'difficult Th'e iobs completed. He ~(naw that the Building Division ha~'spent mo~ey on nsPectiOnS and that the Board might have to take that into consideration, but th°Ugl~t that 6 i0 days at $250 a day WaS excessive. Chair DeLiso agreed with far as how long it took. He but he looked at the timeframe as noticed or not. Mr. Levy Mr. Levy stated that full taxes were being paid on the property. They had done nothing intent onally to delay the pe~"mitt[ng processes, but some-items just took longer than anyone thought they WOuld. He k~ew i.h,e City had incurred expenses and thought it would be reasonable to pay them, He did not think they should be penalized for ~vhat they produced and created for the long;term benefit of the 'City. Mr. Walsh commented that he agreed with ~s Zibe t as far as what the corner was and what'it is today and the tax base it is now p¢0viding. 'He thought of it in comparison to. the shopping center on Linton:and Federal and stated whata disaster that shopping center had been. He did not' think that the development at that sl3opping center went any differently. Motion Based upon the testimony and evidence presented in Case No. 99-1157 and having been advised that the Respondents have complied with all lien reduction procedures as set forth in Sections 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Mr. Walsh moved that this Board recommend to. the City Commission that~ fines instituted in Case No. 99-1157 by virtue of this Board's Order of December 1, 1999, be reduced to $5;000 includim:j all administrative costs. Mr. Rossi seconded the motion. Mr, Foot engaged in a discussion with Mr. Johnson about fees for nspections. Mr. Johnson's summary was that it was administrative time that was involved and that they did not charge for that. Mr. Foot noted that the City had not made a suggestion for reduction in the fine. A so, staff had not §poken of any safety ssues com ng about as a resu t of a delay in the process, There is defiance o~ the City for not completing things on schedu e or adhering to the proper'process for gert ng variances. He did not hear the developer saying that they made every effort t° get 'things on line along the way. He 7 Code Compliance 8oard Boynton Beach. Florid.= January 24, 200? wished he had heard more from them regarding hardshin. Mr. Foot favored a fine of $15,980, including Code Compliance insoection fees. He believed that this would be more in line with the magnitude of the situation He thought that the Board must sene a message to others who might think that they can violate the law. The message would be that violating the law incurs a penalty. Mr. Levy said that had the tax base and assessment not gone up double and triple since they had established [heir shopping center he might agree with Mr. Foot; however, the City, over the next several years, will realize more than $150K from their development. Mr. Rossi thought that the City had acted in every way in a proper fashion. They did not treat this case any better or any worse lhan any other case. He s~ated that the Board could not set fines based on how something turned out. Also. any notion that the City is the bad guy would be false. The City gave them all kinds of extensions. He also said this had not been part of a downtown redevelopment project but was a straightforward business deal that was entered into to make money. He thought all of this should enter into the Board's philosophy as they considered action in this c~se. Mr. Foot amended the motion to strike $5,000 and insert $15,980. The motion died for lack of a second. Motion Based upon the testimony and evidence presented in Case No. 99-1157 and having been advised that the Respondents have complied with all lien reduction procedures as set forth in Sections 2-84 through 2;89 of the City of Boynton Beach Code of Ordinances, Mr. Foot moved that this Board recommend to the City Commission that fines instituted in Case No. 99-1157 by virtue of this Board's Order of December 1, 1999, be reduced to $10,000, including all administrative costs. Mr. Rossi seconded the motion. The amended motion failed 2-4 in a roll call vote polled by the Recording Secretary (Messrs. DeLiso, Midana, Walsh, and Ms. Zibelli dissenting.) The Recording Secretary polled a roil call vote on the onginal motion for $5,000 and it failed, 3-3 (Messrs. Mirfana, Foot and Walsh in favor; Messrs. Rossi, DeLiso and Ms. Zibelli against.) Motion Ms. Zibetli moved to reduce the fine to $730.15 in Case No. 99-1157. The motion died for lack of a second. Motion Mr. Rossi moved to reduce the fine in Case No. 99-1157 to $7,500 plus administrative costs. Mr. Foot seconded the motion. Chair DeLiso said he had driven through the project and that it was so much better than what used to be there. It could have turned into another Gulf Stream Mall with its Police 8 Meeting Minutes Code C~i(ance Boaro Beyntori Beech, Florida January 24, 2002 presence, but that did 'not happen. He thought Mr. Levy was trying to improve ,the City. He also saw the City's point of view in mat Mr. Levy didn't move fast enough in complying with the different issues but thought that the finished Product had to be taken into consideration. Sometimes things take more time than expected, and the fine of $152.500 was unrealistic. The project was finished and the City has a nice tax base as a result. He,thought this should ail betaken ~nto consideration. · "M t Mr. Foot said th S w,a,s not a Garden Club where awards were being made for os Improved Properties. The Board is to determine wi~ether ttie law has been satSfied or not. There is a procedure for the issuance of permits and requirements that go along w th that. There are questions ,aS to whether or not Someone has complied with those requirements.. It,is,time the Beale recog~iz, ed ithe[.it ~asto standup for the law as well as what it thinkS:is nice.-He asa, ed [or ~u~'p~t of thee $7',5~ ~{us administrative c°~ts motion. The Recording Secretary polled, a roi ca vote that ended in the motion failing 2-4 (Messrs. DeLiso, Mifiana, ~Valsh, and Ms. Zibelli dissentingi Chair' DeLiso asked the Board members to try for a happy meoium that everyone could live with in this case. Mr. Watsh asked Mr. Levy once again what he would be happy with, in light of the proposed motions. Mr. Levy was not happy with being in th s situation but sa d that the rea Ssue was that there were SOme very small items ~hat were not completed up to Mr. Johnson being able to give the final Certficate of Compliance, even though he had stated that he ~nnot giv~ that until the "laSt theoretical screw is in the wall." The project ~as been in compliance, as far as the majodty of the items on the punch list, for a number of years. Motion Based upon the testimony and evidence presented in Case No. 99-1157 and having been adv sed that the Respondents h~ve c~mplied with all lien reduction procedures as set forth in Sections 2,84 through 2-89 of the City of BOYnton Beach Code of Ordinances, Mr. Walsh moved that this Board recommend to the City Commission that fines instituted in Case No. 99-1157 by virtue of this Board's Order of December 1, 1999, be reduced to $6,500.00 including all administrative costs. Mr. Foot seconded the motion that passed 4-2~ (Chair DeLiso and Ms. Zibelli dissenting.) Chair DeLiso told Mr. Levy that the fine had been reduced to a total of $6,500.00 and that he had the dght to appeal his case to the City Commission. He thanked Mr. Johnson and Lusia Galav'for lending their expertise to the proceedings. Mr. Biasie advised that on lien reductions, the City allows for a seven-day appeal period and this period begins when the minutes of this meeting are received from the City Clerk's office and the Chairman signs the Order. 9 ORDINANCE NO. 02-{D~:~ i Xl'Z. - LEGAL ZTEM A.1 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA. AMENDING CHAPTER 16, "PARKS AND RECREATION". ARTICLE Il. "CITY PARKS AND 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, CODIFICATION AND A_N DATE. WHEREAS, staff has recommended to the City Commission that administrative iuthority be granted to designate and post specific areas in City parks as "Quiet Zones"; and WHEREAS, the City Commission of the City of Boynton Beach, Florida has :letermined that it is in the best interests of the citizens and residents of the City to amend the Code to grant staff administrative authority to create and establish "Quiet Zones" in City turks. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF FHE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing Whereas clauses are true and correct and incorporated aerein by this reference. Section 2. That Chapter 16, "Parks and Recreation", Article 1I "City Parks and Beaches" Section 16-22 is hereby amended by adding the words and figures in underlined type as follows: Sec.'16-22. Enforcement o f regulations. The director and park or beach attendants shall, in connection with their duties imposed by law, diligently enforce the provisions of this article. The director and any park attendant shall have the authority to eject from the park or beach any person Page t acting in violation of this article, and shall have the authority to seize and confiscate any property, thing or device in the park or beach used in violation of this article. Administrative authority is hereby, ~ranted Io the City Mana~,er and~ror his/her designee to desig-nate and post specific areas in Ciw parksas "Quiet Zones" Penalties for wolat on of7 th s Ordinance sh~all, ~e:. ~-~ursuan~4o ........ C~W of Bovntcm Beach Code o f Ordmm~ees Chapter I :, General ?t6x~s~i~ttS,. ,z~i~le!L Section 1-6 Section 3~' Should any seefion 0~ ........ pm~z~s~on of this'~o~mance or portion hereof, any paragraph, sentence or wm:d be ~dectaredcby a c urisdiction to be invalid, such decision shall not affect the remainder of this ordinance. Section 4. Section 5. Authority is hereby granted to codify said ordinance. This ordinance shall become effective immediately upon )assage. FIRST READING this [~' dayofJanuary, 2002. SECOND, FINAL READING AND PASSAGE this day of ,2002. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner kTTEST: City Clerk ~:ca\Ord~Park - Quiet Zone Page 2 Requested CiW Commission Meeting Dates [] November 2C. 2001 [] December 4. 2001 [] December 18, 2001 [] January 2, 2002 XII, - LEGAL ITEM A.2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City 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 (5:013 p.m.) Requested City Comrcassion MeetSna Dates [] January 15; 2002 [] February5, 2002 February 19. 2002 [-- March 5, 2002 Date Final Form Must be Turned in to Citw Cl~rk's Office January 3, 2002 (5:00 p.m.) January 16, 2002 (5:00 p.m.) February 6, 2002 (5:00 p.m. i February 20, 2002 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Consent Agenda [] Public Hearing [] Bids ] Announcement [] Development Plans New Business [] Legal [] Unfinished Business Presentation [] City Maaager's Report " --:? m RECOMMENDATION: Please place this request on the February 5, 2002 City cormmssion Agenda under ,w~ Legal, Ordinances - Second. Reading. The City Comrmssion approved this request on First Reading at their January 15.~ 2002 meeting. For further details pertaining to the requesu see attached Department of DevelopmentMemorandum No. PZ 01-222. EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: KRISPY KREMt; Scott Barber / Gee & Jenson Krispy Kreme of South Florida, LLC Between NW 1s~ Avenue and Boyaton Beach Boulevard [SR804] approximately 1,500 feet east ofNW 7th Street. opposite the intexsection of Boynton Beach Boulevard and West Industrial Avenue. Request to amend the Comprehensive Plan Future Land Use Map designation on a 0.62 acre parcel from Medium Density Residential (9.86 d~ac) to Local Retail Commercial. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A Developm~l~ ~epVartment DirXector ~ ' ~ty Manager's Signature plarmmg and Zoning Director City Attorney Finance / Human Resources S APlannin g ~S HAKED\WP~PRO JEC TSXkn spy kr~nekLUAR~_gend a Item RequestKrispy Kreme LUAR 2nd reading 2-5-02.dot S:q3ULLETIN~ORMSXAGENDA ITEM REQUEST FORM.DOC ORDINANCE NO. 02- ~o~ AN ORDINANCE OF THE CITY OF BOYNTON BEACH. FLORIDA. REGARDING PROPERTY LOCATED SOUTH OF BOYNTON BEACH BOULEVARD. APPROXIMATELY 1,500 FEET EAST OF NW 7m sTREE~i-AMi~.lqDING OiXj~INANCE 89-38 BY AMENDING THE FUTURE LAND USE ELEMENT OF THE CO~¢IPREHENS1VE PDALN OFTHE CITY BY ADOPTING THE PROPER LAND USE OF PROPERTY MORE pARTIC~AR~Y D~gdR~EDi HEREINAFTER: SAID LAND US~ D~SJGNA~IQN JS BI~ING CHANGED FROM ME,)nm r Sii¥ TO LOC RETAIL ©O'MMERC~ (~C~);, PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Bo.vnton Beach, Florida has dopted a Comprehensive Future 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 2omprehensive 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 to amend the aforesaid Element of the Comprehensive Plan 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 Following: That the Future Land Use of the following described land shall be designated as Moderate D~nsity 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, t9 and the west 15.00 feet of Lot 7 lying south of State Road 804 right-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 o~6~tinances in conflict herewith are hereby repealed. Section 4: Should any section or provision of this Ordinance or any portion thereof be leclared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 5: TI/is Ordinance shall become effective 31 days after adoption, unless challenged. If challenged, it becomes effective upon the issuance of a final order finding it in compliance. FIRST READING this 15 day of _,~J~.~o~-t~q ,2002. SECOND. FINAL READIN@and PASSAGE this day of .2002. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk (Corporate Seal) s:ea~nl Laffd Use Krispy Kreme LOCATION MAP EXHIBIT "A" 1200 Feet X~I. - LEGAL ITEM A.3 CITY OF BOYNTON BEACI AGENDA ITEM REQUEST FORM ' Requested City Commission Date Final Form lV[ust bc Turned Meetin~ Dates in lo City Clerk's Office Requested City Comrcassmn Meeting Date~ Date Final Form Must be Turned in to City Clerk's Office [] November 20. 2001 November 7, 200I (5:00p.m.) [] January l5, 2002 January 3, 2002 (5:00 p.ro.) [] Decemb~4.2001 November 21, 2001 (5:00p.ro.~ [] February5,2002 lanuaryl6, 2002 (5:00p.m. [] Decemb~ 18. 2001 December 5, 200I (5:00 p.md [] February 19, 2002 February 6, 2002 (5:00 p.rm) [] Jtmuary2.2002 Decemberlg, 2001 (5:00p.m.) [] March5.2002 February 20. 2002 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business c~ [] Announcement [] Presentation c.. [] City Manager's Report z RECOMMENDATION: Please place this request on the February 5.2002 City Commission Agenda ~C-~er -c-} _Z: Legal, Ordinances - Second Reading. The Cfty Commission approved this request on FirSt Reading at their Jan~ 1~ --_-. 2002 meeting. For further details pertaining to the request, see Department of Development Memorandum No. P~Z-~ 1-~ EXPLANATION: PROJECT NAtME: AGENT: OWNER: LOCATION: DESCRIPTION: KRISPY KREME Scott Barber / Gee & Jenson Kn'spy Kreme of South Florida, LLC Between NW 1 ~ Avenue and Boynton Beach Boulevard [SR804] approximately 1,500 feet east ofNW 7ta Street, opposite the intersection of Boynton Beach Boulevard and West Induslrial Avenue. Request to rezone land totaling 0.62 acre from Duplex Residential (R-2) to Neighborhood Commercial (C-2). PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A D eveldpm~nt'~Dep~zaanenCDirecto City Managar's Signature Plaunifi. g ~nd Zoni~gt'Director City Attorney Finance / Human Resources S:kPlanningkSHARED\WP~PRO JEC TSkkrispy kremekLUAR~Agenda Item RequestKrispy Kreme Rezone 2ndreading 2-5-02.dot S :kB ULLETINkFO FdMSKh. GENDA ITEM REQUEST FORM.DOC ORDINANCE NO. 02- Oo~ AN ORDINANCE OF THE CITY OF BOYNTON BEACH. FLORIDA, REGARDING THE APPLICATION FOR ILEZONING BY KRISPY KREME; AMENDING ORDINANCE 91-70 OF SAID CITY BY REZONING iA TRACT'OF r ,rD MORE pARTICUL qr i ESCRmED HEREIN. FROM DUP~X RESIDENTIAL (R-2) TO NEIGHBORHOOD COMMERCIAL (C-2); PROVIDING FOR CONFLICTS. SEVERABILITY. AND ~ EFFECTIVE DATE. WHEREAS, the City Commission of the City- o£ Boynton-Beach, Florida. has dopted Ordinance No. 91-70, in which a Revised Zoning Map was adopted for said Eity; and WHEREAS, the Scott Barber of Gee & Jensen, as agent for the owner of the property more particularly described hereinafter, has heretofore filed a'Petifion, pursuant. :o Section 9 of Appendix A-Zoning, of the Code of Ordinances, City of Boynton Beach, Florida, for the purpose of rezoning a certain tract of land consisting of +0.62 acres, said [and being more particularly described hereinafter, from Duplex Residential (R-2) to Neighborhood Commercial (C-2); and WHEREAS, the City Commission deems it in the best interests of the [v_habitants of said City to amend the aforesaid Revised Zoning Map as hereinafter set forth. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1: The following described land, located in the City of Boynton Beach, Florida as set forth as follows: A +0.62 acre parcel, described as: Ail of Lots 10, 1t, 32, the west 15.00 feet of Lot 12 and all that portion of Lots 8. 9. 19 arid the west 15.00 feet of Lot 7 lying south of State Road 804 right-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. and the same is hereby rezoned from Duplex Residential (R-2) to Neighborhood ;ommercial (C-2). A location map is attached hereto as Exhibit "A" and made a part of this rdinance by reference. Section 2: tccordingly. Section 3: 'epealed. That the aforesaid Revised Zoning Map of the City shall be amended All ordinances or parts of ordinances in conflict herewith are hereby Section 4: Should any section or provtsion of this Ordinance or any portion thereof e declared by a court of competent jtmsdiction to be invalid, such decision shall not affect the emainder of this Ordinance. Section 5: .This ordinance shah become effective immediately upon passage. FIRST READING this [5 dayof SECOND, FINAL READING and PASSAGE~this day of ,2002. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ~TTEST: $ity Clerk ICorporate Seal) ~:ca\Ord~Rezming Krispy Kren~ LOCATION MAP EXHIBIT "A" 400 4O0 800 1200 Feet HANSON, PEK~Y ~ ]ENSEN, P, XlI.- LEGAL ~0SSo.~.N.,~=~^,.~S~610_W~...~.~.~,~,.-. ITEM A;4 JILL HANSON* m~hans~n@hDjlaw.com ANN H, p~RY aperry@ hpl'law.com t~nsen ~ hp~aw.com VIA FACSIMILE AND FIRST C~SS MAll James Chemf, ESquiro City A~omey CJ~ of Boyn~n Beach' 10~ East Boynton Beach Beuteva~ Boy'On Beach, Flo~da 33435 January 24, 2002 FAcmuaa (551) 655-5920 8~-'~D Co. {321 ) 868-7888 City of Boynton Beach Police Officers' Pension Fund - Proposed Amendment Our File Number 188~49 DearJim: I provided the restated and amended pension plan document for the Boynton Beach Police Pension Fund to Steve Pelmquist H~ has reVieWed tha document and commented that the Separation fmm serVice benefit on Section 18-169 E, page 25 - 26 was not accurately described as it s currently valued. Enc oSed please find r~v sed pages 25 and 26, which I will also' provide to you via e-mail. Cun'ently the vested deferred benefit (benef'r~s payable to vested ind viduats who terminate service before normal retirement) is paid beginning at either early or normal retirement. Thank you for your assistance, if you have any questions, p ease do not hesitate to contact me. Sincerely yours, Benni S. Jensen BSJ~a Copy to: Chairman and Se~e~a~y Barbara ~e ~%BB 1 ~.~ 2. If any membe~ with at leest ten (10)years of continuous service shall die prior to retirement or other termination of employment with the c~j', a death benefit shall be payable to thedeceased member's spouse. The benefit shall equal 3% average f'matcompensaticn for each year of continuous Service. It shall be payable in equal monthly installments commencing the first day of themonth following the date of death and ceesing upon the death or remarriage of the spouse. If there is no spouse~ thebenefit, if any, Will be paid to the deceased participant's estate. (Florida Statutes §t85, Code 1958, §21-87; Ord. No 78-6, §1, 3-7- 78; Ord. No. 000-18, §2. 6-8-2000; Ord. No. 000- ) 3. If a member dies before being eligible to retire, the heirs, legatees. beneficiaries or personal representatives of such deceased member shall be entitled to a re.nd of 100% of the contributions made bythe memberto the Fund. without interest. Separation from Service. 1. If a member leaves the sen~ce of the City before accumulating aggregate time of ~0 years toward retirement and before being eligible to retire, such member shall be entitled to a refund of all of his or her contributions made to the Fund, withoutinterest. 2. If any member who had been in the service of the City for at least 10 years elects to leave his or her accrued contributions in the Fund, such police ofrmer upon attaining age 50 years or more 25 (without reaching wfi;at WeUt~¢.l~iave been twenty years of service had he notterminated his employment) may receive an early retirement benefit at the actuarial equivalent of the amount of such retirement income offienNise payable'~o f~im or herat early retirement or upon attainingwhat would-have been normal retirement had he not terminated his employment, such police officer may receive a his accrued: normal, retirement benefit. F. MOnthlY Sunolementat Benefits. · 1. Effective O~ober 1.. 2006, any retiree or beneficiarv receivia, t pension benefits is entitled to a monthlv'sunolemental pension benefit. The benefit pool. will be funded by 100%.of the eaming~ and 10% of the odnciga! created by the contdbutfons set forth in 2. The benefit 13cel shall be divided accord~m1~ to' the-total number yearn of service rendered bv all retirees, witha ceo of 20' years. The shares will be divided on a oro-mta basis on,the followinq schedule: 20.or mom years of service ~00.% 9O% 17 years of service 85% 13 years of service 65% 12 years of service 11 years of service 55% 10 years of service 50% 26 XII. - LEGAL ITEM A.4 ORDINANCE 02- ~4 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, REPEALING ARTICLE III, PENSIONS FOR POLICE OFFICERS. OF CHAPTER t8 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, WHEREAS, the State Legislature of the State of Florida has enacted numerous amendments to Chapter 185, Florida Statutes. known as the Municipal Police Officers' Retirement Trust Funds; and WHEREAS, the City Council of the City of Boynton Beach, Florida, desires to revise its Police Officers~ PensJ:on Ordinance in order to comply with State Statutes and to provide pension benefits to its Police officers; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA: Section 1. Arti¢t~ III of Chapter 18 of the Boynton Beach Code of Ordinances is hereby repealed and anew Artic~le III of Chapter 18 is hereby adopted as follows: ARTICLE III; MLrNtCI!~. AL POLICE OFFICERS' RETIREMENT TRUST FUND Section 18-1'64. Creation and Maintenance of Fund and Retirement System A. There is hereby created a special pension fund for the Pohce Officers of Boynton Beach, Florida, to be known as the Boynton Beach Police Officers' Pension Fund. All assets of every description held in the name of the Boynton Beach Police Officers' .Retirement Trust Fund shall continue to be held, but such fund shall 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 Boynton Beach Code. The Fund shall be maintained in the following manner: 1... By payment to the' Fund of the net proceeds of the 85% :excisq t~ax which · is tffiP;qsed by the City o£ Boynron Beach; tipon certain casual~y insurance companies on their gross receipts o~'premiums from holders of policies, which policies cover property wSthin the corp0rate~ l~its of the City of Ba~}gn Bgach: ~s~ These amounts are to be deposited w~th.the Boater of Trustees within five (5) days of receipt by the municipality. Chapter 185, Fla~ Stat. 2. By the payment to the Fund of 7% o~ the salary of each full time police officer duly appointed and enrolled as a member of the City of Boyntoka Beach Police Department; which 7% shall be picked up, rather than deducted, by the City of Boynton Beach fi:om the compensation due to the Police Officer and paid over to the Board of Trustees of the Boynton Beach Police Officers' Pension Fund on ~ basis. All pickup contributions shall be treated as employer contributions for the purposes of determining tax ~reatment under the Internal Revenue Code of 1986, as amended. All such pick up amounts shall be considered as employee contributions for purposes of this plan. The pementage deducted from the police officers' salaries are to be deposited with the Board of Trustees immediately. Chapter 185, Fla. Stat., Boynton Beach Code of Ordinances Sec. 18-170. 3. * By all fines and forfeitures imposed and collected fi:om any police officer because of the violation of any nde and regulation adopted by the Board of Trustees. Chapter 185, Fla. Stat. 4. By mandatory payment at Ie,~: by the City of Boynton Beach a sum equal to the normal cost and the amount required to fund any 2 actuarial deficiency shown by an actuarial valuation as provided in part VII of Chapter 112, Florida Statutes. Chapter 185. Fla. Stat. On an annual basis, the Board of Trustees will evaluate the actuarial assumptions usecL 5. By all gifts, bequests, and devises when donated to the fund. Chapter 185. Fla. Stat. By all accretions to the fund by way of interest or dividends on bank deposits, or otherwise. Chapter 185, Fla. Stat. 7. By all other sources or income now or hereafter authorized by law for the augmentation o£ the Boynton Beach Police Officers' Pension Fund. Chapter 185. Fla. Stat. Under no circumstances may the City of Boymon Beach reduce the member contribution to less than one-half of one percent of salary. Chapter 185, Fla. Stat. Section 18-165. Definitions. A. The following words or phrases, as following meaning: 1. used in this ordinance, shall have the "A~a[. Equivalence" os "Kctuarialty,. Equivalea~t'Y~meauu that any ~nefit: payable under the,t~m~! o~ this Plar~ in a Form other than the normal form, of benefit~ sha}I' have the same aett_.uwial present value ~ the value of'any form or'payment, alt future paymeam.~ shall: be discountexl for interegc and mortality by using 8% interest and. the 1983 Group Annuity. Mog3!ity Table, blending 80% Male~ and 207& Females, with, ages setl ahead;. f[~e years in the ease of disability retirees; "Average final compensation" shall mean the average total remuneration received by a police officer during the best five (5) years of service 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 anypayments for extra duty or a special ~tetail work perfo~rmed oil?behal-fo£ a second party employer paid direetl'y~to Ihe~poli~ofg/ce~ :pa!~ ~emp~oy~. The member's compengation or salary contributed as~employee-elecfixte salary reductions or deferrals to any S~lary. reduction, deleted compensation, or tax- sheltered annuity program authorized under ,the Internal Revenue Code shall:be deemed to be the compensation or salary the member would receive if he or she were not participating in such program and shall be treated as compensation for retirement purposes under this ordinance. For any person who first becomes a member in any plan year beginning on or after January 1, 1996, compensation: for any plan year shall not include any amounts in excess of the Internal Revenue Code s. 401(a)(17) 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 ['or changes in the cost of living in the manner provided by Internal Revenue Code s. z[01(a)(17)(B). For any person who first became a member prior to the first plan year beginning on or after January 1, 1996, the limitation on compensation shall be not less than the maximum compensation amount that was allowed to be taken into account under the plan as in effect on July 1,. 1993, which limitation shall be adjusted for changes in the cost of living since 1989 in the manner provided by Internal 4 Revenue Code s. 401(a)(17)(1991). Chapter 185. Fla. Stat. "Creditable service" or "credited service" shall mean the aggregate number of years of service and fractional 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. No police officer will receive credit for years or fractional parts of years o~service if he or she has withdrawn his or her contribunons to the fund for those years or fractional pans of years of service. unless the police officer repays into the fund the amount he or she has withdrawn, plus interest as determined by the board in accordance with §18~-17Z b. 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 department, pending the possibility of his or her being rehired by the same department, without losing credit for the time he or she has participated actively as a police officer. If he or she is not reemployed as a police officer with the same deparmaem within 5 years, his or her contributions shall be returned m him or her without interest. c. In determining the creditable service of any police officer, credit for up to 5 years of the time spent in the military service of the Armed Forces of the United States shall be added to the years of actual service, iff (1) The police officer is m the active employ of the municipality prior m such servme 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 police officer is entitledto ~reemployment under the provisions of the Uniformed, :Services Employment and Reemployment Rights Act, (3) The police officer .returns to .his or her employment as a poliee~officer of tke,municipality.within 1 year from the date of his or her release from such active service. d. ContinuOus service with the employer shall not be broken in the event of: (1) (2) Absence on an approvedleave of absence; Absence from work because of occupational injury or disease incurred in employment for which a police officer is entitled to Workers' Compensation payments; (3) Absence due m service in the armed forces of the Uaxited States provided the officer shall re-enter employment with the City with/n I year of discharge. Chapter 185, Fla. Stat. "Beneficiary" shall mean any person, ~81 tlie,'e~ of'tlxe membex, who ~s entitled to receive a pension benefit payable from the Boynton Beach Police Officers' Pension Fund upon the death of a member or participant. Chapter 185, Fla. Stat. "Fund" or "Police Officers'Pension Fund" shall mean the Boynton Beach Police Officers' Pension Fund. Chapter 185, Fla. Stat. "Plan year" shall mean the fiscal year commencing October 1s~ and ending the following September 30th. Boynton Beach Code o Ordinances Sec. 18-171, 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 Boynton Beach, who is certified or required ro be certified as a law enforcement 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 state. This definition includes all certified supervasory and command personnel whose duties include, in whole or in part, the supervision, training, guidance, and management responsibilities of full-time law enforcement officers, part-time law enforcement officers or auxiliary law enforcement officers as the same are defined ia §943.t0(6) and(8). Chapter 185, Fla. Stat. 9. "Retiree" or "retired police officer" shall mean a police officer who has entered retirement stares. For the purposes of the Deferred Retirement Option Plan (DROP), a police officer who enters the DROP shall be considered a retiree for all purposes of the plan. Chapter 185, Fla. Stat. 10. "Retirement" 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. B. The masculine gender includes the feminine and words of the singular with respect to persons include plural and vice versa. Section 18-166. Bbard of Trustees Created. A. Board of Trustees. There is hereby created a Board of Trustees of the Boynton 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 description, and to the extent required to 'accomplish the intent, requirements and responsibilities provided for in this ordinance. The Board shall consist of five trustees as 'follows: 1. TWO legal residents of the City, who shall be appointed by the City Council. Each City TruStee shall serve atthe pleasure of the City Council. Each City Trustee may succeed' himself or herself as a trustee. 2. Two polic~ officei~ ,partiCipants of,~the City ~of Boymon Beach Police Officers Pension Fund, who are elected:by a majority of the police officer participants in the-Fund. Elections shall'be-held under such niles and regulations as the Board of, Trustees shall .from time to time adopt, Each police officer trustee shall Serve as a trustee for a period of two years, unless he or she sooner ceases 'to be a police officer in the employ of the Boynton Beach, Police Depmtment, whereupon their successor shall be elected by a majority of the participants of the Boynton Beach Police Officers' Pension Fund. Each police officer trustee may succeed himself or herself as a trustee. 3. A fifth trustee shall be chosen by the majority Of the other four trustees. This fifth tmstee's name shall be submitted m the City Council, which shall, as a rmnisterial duty, appoint such person to the Board as a fifih trustee. The fifth trustee shall serve as a trustee for a period of two years, and may succeed himself or herself as a trustee. Chapter 185, Fla. Stat. Bo&d Vacancies; Procedures to Fill Same. In the event a trustee provided for in Section 18-166(A)(2) ceases to be.a police officer in the employ of the City of Boynton Beach Police Department, he shall be considered to have resigned fi.om the Board of Trustees. In the event such a trustee 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 such resolution. If such a vacancy occurs in the office of trustee within mnety days of the next succeeding election for trustee, the ~acancy 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 unexpired portion of the term shall be chosen in the same manner as an original appointment. Board Meetings: Quorum: Procedures. The Board of Trustees shall hold meetings regularly, at least once each quarter and shall designate the time and place thereof. At any meeting of the Board, three trustees shall constitute a quorum. Each trustee shall be entitled to one vote on each question before the Board and at least three concurring votes shall be required for a decision by the Board at any of its meetings. The Board shall adopt its own rules and procedures and shall keep a record of its proceedings. All meetings of the Board shall be open to the public. No trustee shall take part in any action in connection with their own participation in the fund~ and no unfair discrimination shall be shown to uny individual police officer participating in the funcL I. Board Chairman and Secretary. a. The Board of Trustees shall, by majority vote, elect from its members a Chairman and a Secretary. b. The secretary of the Board shall keep: (1) a complete minute book of the actions, proceedings or hearings of the Board; (2) A record of all persons receiving retirement payments (3) under the plan which includes the time when the pension is allowed and when the pension shall cease to be paid; and A list of all poliqe 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 rrot~ receive any eompensat/on:f~ ~their services as such, but may receive expenses ands*per diem whenp~rforming Official duties in administering the fund. Section 18-167. Powers ofthe Board ofrl'rustees. · - A. The Board of Trustees may: 1. Invest and re,nvest the assets of the Boynton Beach Police Officers' Pensioa Fund in armuity and life insuxance contracts of life insurance companies in amounts sufficient to provide, in whole or in par~, the benefits to which all the participants in the municipal police officers, retirement trust fund shall be entitled under the prowsions of this ordinance and pay the initial and subsequent premiums thereon from the integral part of the Fund. If currem state contributions are adequate to fund minimum requirements of Chapter 185, additional State funds may be used to provide benefits that exceed ~requirements of Chapter 185. 2.Invest and reinvest the assets of the retirement trust fund in: a. Time or savings accounts of a national bank, a state bank insured by the Bank Insurance Fund, or a savings and loan association insured by the Savings Association Insurance Fund which is administered by the Federal Deposit Insurance Corporation or a state or federal chartered credit union whose share accounts are insured by the National Credit Union Share Insurance Fund. b. The aggregate investment of fund assets in: (i) Obligations of the United States or obligations guaranteed as to principal and interest by the Government of the United States; · 2) Bonds issued by the State of Israel; (3) 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 Columbia. However, such investments in bonds shall: be in the~ tog four investment grades'and, nc~ more than ,10*/. Of ~e ~frced income portfolio can be invested in Baa; (4) County bonds containing a pledge of the full faith and credit of the county involved, bonds of the division of bond finances of the department of general services, or of any other state agency, which have been approved as to legal and fiscal sufficiency by the state board of administration; and (5) Obligations of any mummpal 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 income of such authority available for fixed-charges shall have been not less than 1.5 times its average annual fixed- charges mqmrement over the life of its obhgations; shall not at cost exceed 65% of the fund's assets; nor shall more than 10% of the fund's assets be invested in the bonds or other certificates of indebtedness of any one issmng company; not shall the aggregate of such investment m any one issu'mg company exceed 3% of the outstanding bonds or other certificates of indebtedness of that company. The aggregate inveslrnent of fund assets in the common stock or capital stock issued by a.corporation organized under the laws of the.United States, any state, or organized territory of the United States or the District of Columbia shall not, at market, exceed 65% of the fund s..assets~.nor shall more than 5% of the fund s assets be invested in common, stock or capital stock of any one issuing company; nor s~all the aggregate of such investment in any one ~ssuing company exceed 3?¼ of the outstanding common or capital stock of that company. The Board of Trustees may invest up to 10% of plan assets in foreign securities. Issue drafts upon the Boynton Beach Police Officers Pension Fund pursuant to this ordinance and rules and regulations prescribed by the Board of Trustees. All such drafts shall be consecutively numbered and shall be signed by the Chairman and Secretary of the Board or th~k designee and shall state upon their faces t_he purpose for which the drafts are urawn. The C~Treasurer shall retain such drafts when paid, as permanent vouchers for disbursements made, and no money shall be otherwise drawn from the fund. Convert into cash any securities of the Fund as it may deem advisable, having regard for the cash requirements of the fund. Keep complete record of all receipts and disbursements and of the Boards, acts and proceedings. The board of trustees may cause any investment m securities held by it to be registered in or transferred into its name as trustee or into the name of such nominee as it may direct but the books and records shall at all times 12 show that all investments are part of the fund. B. The sole and exclusive administration of. and the responsibilities for, the proper operation of the retiremem fund and for making effective the provisions of this chapter are vested in the board of trustees. C. The Board of Trustees shall retmn a professionally qualified independent consultant ~vho 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 quarried independent consultant" shall have the meanmg as set forth in Florida Statutes § 185.06(5)(b). D. The Board of Trustees may employ such independent professional, technical or other advisers as may be needed to fulfill the Board's responsibilities under this pension plan. These professionals include but are not limited to: legal counsel. actuary and certified public accountants. If the Board chooses to use the City's legal counsel, actuary or other professional, technical or other advisers, it must do so only under terms and conditions acceptable to the Board. Chapter 185, Fla. Stat., Code 1958, §21-86; Ord. No. 83-11,211, 4-19-83; Ord. No. 83-42, §1, 12-6-83; Ord. No. 90-28, ~ 1, 9-5-90; Ord. No. 099-20, §2. Section 18-168. Memberskip All police officers who are participants in the Fund as of the effective date of this ordinance shall be members of this retiremen~ 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 on which he or she has attained and completed 20 years of service or the first day of the month coinciding with or next following the date on which he or she has 55 and completed 10 years (Ord. No. 81-28, §1, 9-15-81; Ord. No. 000-18, §4, 6-6-00) 2. Normal Retirement. Benefit. The normal retirement benefit payable to a police officer who retkes on or after the normal retirement date shall be an amount equal to the number of years of his or her credited service multiplied by 3% of his or her average final compensation. (Code 1958, §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 payable monthly te the retired employee during their lifetimes with a guarantee that not less than 120 monthly retirement benefits shall be paid, even paymems. Early Retirement. l. if the retired employee dies prior to the receipt of 120 (Florida Statutes Chapter 185, Ord. No. 000-18, § 1, 6-6-00) Early Retirement Date An employee who has attained age 50 and completed at least 10 years of credited service may elect to terminate employment and retire on an Early Retirement Date which may be the firsI day of any month al/er 10 years of service and attaLn_ment of age 50. 2 Early Retiremem Benefit. The monthly mount of early retirement benefits payable to a police officer who retires on the Early Retirement date shall be determined in accordance with Sec. 18-169A based on credited service to the early retirement date subject to an actuarial reduction of 1.5%~,per year of service to take into account the police officer's younger age and the earlier commencement of retirement benefits. The early retirement benefit shall be paid m accordance with §18-169A. Florida Statutes Chapter 185. Disability Retirement. 1. Service Incurred. Any member who receives a medically substantiated service connected injury, disease or disability which injury, disease or disability totally and permanently disabled him or her to the extent that in the opinion of the Board of Trustees, he or she is wholly prevented from rendering useful and efficient service as a police officer shall recetve a monthiy benefit equal to 66 [2 % of his basic rate of earnings in effect on the date of disability. 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 disability has existed for 3 months and the date the board of trustees approved the payment of such retirement income. A disability retiree may select from the optional forms of benefits available to service retirees in accordance with section 18-170. In the event of recovery prior to the otherwise normal retirement date, credit for service during the period of disability shall be granted for purposes of subsequent retirement benefits. Subsequent retirement benefits will be actuadalty reduced to account, for the benefits that were paid during the Periodof disability.- The amount of th~ disability benefit payment from the-fund shall, be reduced by any amoun[s paid from worker's compensation and the federal' social security sysmm. The reduction for Social security benefits shall be in the amount of the primary insurance amoUnf~(:PIA) Only, and futur~ increasbs, if any, in the disabled member's social security disability benefits shall not serve.to reduce any further the dSsabilit3~:beiiefit from the fund. The reduction for social Security shall te~rminate upon theattainment-of age 65. Tlie pension benefit may only be reduced to the extent that the total of the benefits from this Fund, workers2 compensation and social security benefits .eXceed 100% of the disabled member's basic rare of earnings on the date of disability. However, in all cases the benefit will be at least 42% of average final compensation. Any Condition or impairment of health of a member caused by tuberculosis, hypertension, heart disease, hardening of the merles, hepatitis, or meningococcal meningitis resulting in total or partial disability or death, shall be presumed-to be accidental and suffered in the line of duty unless the contrary be shown by competent evidence. Any condition or impairment of health caused directly or proximately by exposure, which exposure occurred in the active performance of duty at some definite time or place without willful negligence on the part of the member, resulting in total or partial disability, shall be presumed to be accidental and suffered in the line of duty, provided that such member shall have successfully passed a physical examination upon entering such service, which physical examination including electrocardiogram failed ro reveal any evidence of such condition. In order to be entitled to presumption in the case of hepatitis, menmgococcal meningitis, or tuberculosis, the member must meet the requirements of { 112.181. Florida Statutes. The fmal decision whether a member ~neets the requirements for duty disability pension rests with the board and shall be based on substantial competent evidence on the record as a whole. Nonservice incurred Effective October I, 2000~ any member with ten (10) years of continuous service who recetves a nonservice incurred injury, illness, disease or disability, and wkich illness, injury, disease or disability totally and permanently disables him to the extent that, in the opinion of the board of trustees, he is wholly prevented from rendering useful and efficient service as a police officer, shall receive from the fund in equal monthly installments an amount eq~ t~ii~ee p~ 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 which a member may become entitled under this paragraph shall not exceed six~ per cent (600/3) of his average final compensation during said period, but in all cases the benefit will 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 disability has existed for three (3) months and the date the board of u'ustees approved the payment of such retirement income. Medical Board. Whenever it becomes necessary for the board to avail itself of the services of physmtans m the case of an application for disability retirement, the board shall designate a medical board m be composed of competent medical auth~,~6~ spe~xalist~, as. needed. The medical board shall arrange for and pass upon the medical examinations required under the provisions of this section, shall investigate all essential statements or certificates made by or on behalf of a member in, cormection,,with an~ applicatior~ .for~disability refn'ement and shall, report in writing to the board its .conclusions and recommendations upon all ,matters referred to it. The payment for such services shall be determined by,the board. Return toactive duly, ~ d~ab~lity r~e~ent. In the evem a member who has been. retired on a pen~i,o~ .on account of permanent and total incapacity regains his h.ea}th and is found~bz~e medical board designated by the board to be in ~uch physical and mental condition as to meet the requirements of the personnel de!aamnent for service as a police officer of the city, the board shall order his pension discontinued, and he shall be ordered to resume active duty in the city at the same rate of compensation currently in effect for his pay grade. The board shall review periodically, in its discretion, the condition of any member receiving a pension for disability and if there is substantial evidence that the retired member is capable of performing service acceptable to the city as a police officer, he resume active duty and his pension shall be shall be ordered to discontinued. Disability Exclusions. No member shall be granted a disability pension upon a showing m the satisfaction of the board: a. That the disabihty resulted ~om an intentionally self-inflicted wound, injury or ailment, or b. That the disability resulted from excessive and habitual use of narcotics, drags, or intoxicants t c. 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 cnme: d. That the di~ability 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 employment has been terminated; or f. That, in the ease ofa duty disability only, the disability resulted from an injury ~' disease sustai~ed~ ~ythe police officer while w~king fo~ anyon~ other than,.the~City: and- arising out of such other employment Further disability provisions. Each member applying for a service incurred disability benefit from this fund shall be required to apply for disability benefits under social security, and, if applicable, workers' compensation. Furthermore, each person granted a service incurred disability shall be required to submit to the board, no later than March 1 ~ of each year, a statement showing the monthly amount of social security (PIA only) and workers' compensation benefits received by him or her as of March 1st. 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. deatli, ben,tit s~:be payable tc~ ~ continuous service; provided, however, Eo average final compensation. It ghall be payable in equal monthly in~allments commencing the first day o£the month following the date of death anti. ceasing upon th~ death~of, the. sponse. If there is no spouse, the :, benefit~ ,if anv¢ will be paid: to th? deceased participant' s estate. 2. If any member with at least te. ff 0 O) years of continuous service shall die prior to retirement or other termination of employment with the city, a ~ death~'benefit 'shall:,~be paya~le~ to ..the deceased members spouse. The benefit shall 'equa!:.~3% average final compensation for each year of continuous service. 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 or remarriage of the spouse. If there ~s no ~pouse, the benefit, if any, will be paid to the deceased participant's estate. (Florida Statutes §185, Code 1958, §21-87; Ord. No. 78-6, §1, 3-7-78; Ord. No. 000-18, §2, 6-6-2000; Ord. No. 000- ) 3. If a member dies betbre beneficiaries or perSonal representatives entitlec} to~ a refund of 100~/~ of- the made bY the member to the Fund. without interest, Separation from Servme. such to a refund o~al!ofhis or her contributions made If any membex who elects, to leave hi~ or officer ~ for at least I 0 years in: the Fired, such police retirement 20 oth~vise 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 m normal retirement. Monthly Supplemental Benefits~ 1. Effective October 1, 2006, any retiree or beneficiary receiving pension benefits is entffiedto amonth[¥ supplemen~al pension benefit. The benefit poor_will be funded ;b¥ 100% of the eami~gs:en~ 10% of the principal 2~ 55~ calenda~ year 2001~ 21 increase in the- 185 monies. These t85 funds, contributed throUgh calendar year 2005 or if earlier when the entire Citw 1% contribution is rhade; witt_ be _,.,~?t~d to, the ,basel[ne 185 Calculation under 18535(1)0o). The Member and CiW,Conffibutior~ ~hall'be,effective the fn'st full pawoll period following, the effective date,:of'this:ordinance. Employees will · contr~butetc~ this benefit tl~ough 20 7eamof service, and any Section 18-170. Optiona}~rms of Benefits. A. Each member entitled to a normal, early or disability retirement benefit shall have the fight ,at any time prior to the date on which the benefit begins to elect to have the benefit payable under any of the options h~reinafier set forth in lieu of the amount'and form of benefits provided above, and to revoke an such elections and -' ' make a new election at any time prior to the actual commencement of payment. B. The value: of optional benefits shall be the actuarial equivalent of the 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 options available to the members of the Fund are as follows: 1. Life Annuity - The member may elect to receive a benefit payable for the member's life only. 2. Contingent Annuitant (Joint and Survivor Option) The member may elect to receive a benefit during the joint lifetime of the member and a joint 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. 22 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 designat, ion from time to time but any such change shall be deemed a new election and will be subject to approval by the pension board. Such designation will name a joint pensioner or one or more primary beneficiaries where applicable. If a member has elected an option with a joint pensioner or beneficiary and his or her retirement income benefits have commenced, he or she may thereafter change the designated joint pensioner or beneficiary but only if the board of trustees consents to such change and if the joint pensioner last previously designated by the police officer is alive when he or she files with the board of trustees a request for such change. The consent of a member's joint pensioner or beneficiary to any such change shall not be required. The board of trustees may request such evidence of the good health of the joint pensioner that is being removed as it may require and the amount of the retirement income payable to the police officer upon the designation of a new joint pensioner shall be actuarially redetermined taking into account the ages and sex of the former joint pensioner, the new joint pensioner, and the member. Each such designation will be made in writing on a form prepared by the board of trustees, and on completion will be filed with the board of trustees. In the event that no designated beneficiary survives the member, such benefits as are payable in the event of the death of the member subsequent to his or her retirement shall be paid as provided in s. 18-171. Retirement income payments shall be made under the option elected in accordance with the provisions of this section and shall be subject to the 23 following limitations: 1. If a member dies prior to his or her normal retirement date or early .xetir~ment date, no:benefit vqill be paya~ble, unde~.~the option to any person, but the benefits, if any, wiltbe demrmined under s.- 18-! 69D. If the designated beneficiary (or:beneficiaries)~ or joint pensioner dies before the ,member's retirement under the plan. the OPtion elected will be -~-canceIed automafically~ ar[d.a ~etirement~¢.ome °~ the normal form and mount will be payable to the member u~pon.hi~s Qr hex.retiremem as if the election had not been made, unless a r, ew election~ Is. made in accordance with the provisions of.this secti0n~ or a new benefi~ is.~esign~t, ed b.y the member prior to his or her retirement ~--~,.~.~?w~:~¥. 3. If both the member and the designated beneficiary (or beneficiaries) die before the full payment has been effected under any option providing for payments for a period certain and life thereafter, made pursuant to the provtsions of subparagraph (1)(a)3., the board of tmstees may, in its discretion, direct that the commuted value of the remaining 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 provisions of this section is in effect, monthly retiremem income payments will be .made, or a retirement benefit will be paid, under the option to a beneficiary (or beneficiaries) designated by the member in the amount or amounts computed as if the police officer had retired under the option on the date on which death occurred, 5. A member may not make any change in retiremem option after the date of cashing or depositing the frrst retirement check. 24 Sec. 18-171. Benefic~afies~ A. Each member may, on a form provided for that purpose which was signed and filed with the Board of Trustees, designate a beneficiary (or beneficiaries) to receive the benefit, if any, which may be payable in the event of death; and each designation may be revoked by such member by signing and filing with the Board of Trustees a new designation of beneficiary form. B. If a deceased member officer failed to name a beneficiary m the manner prescribed above in subsection. 1, or if the beneficiary (or beneficiaries) named by the deceased member predeceases the member, the death benefit, if any, which may be payable under the plan with respect to such deceased police officer may be paid at the discretion of the Board of Trustees to the estate of the deceased. member, provided that the board of trustees may direct that the commuted value of the rema'ming monthly income payments be paid in a lump sum. Any payment made to any person pursuant to this section shah operate as a complete discharge of all obhgations under the plan with regard to such deceased member and shall not be subject to review by anyone, but shall be final, binding and conclusive on all persons ever interested hereunder. Section 18-172. Buy Back of Service 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 permanent police officer. When a former police officer of the City is re-employed and had withdrawn contributions previously made to the plan, he may reinstate his previous service upon satisfaction of each of the following conditions: 1. The break in city employment is not more than 60 months; and 2. The plan is paid the total amount pre~ously withdrawn (consisting of accumulated member contributions plus any interest previously paid the plan or~ those contributions). This total amount is brought forward 25 with 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 earning rate assumed by the actuary in the most recent actuarial valuation submitted to the Division of ~;, Kedrement pursuant'to:t?tofida. Statutes chagter .! 1:2~: part:.¥tI.~ .... ~. ...... ~*~-~-~*~-; .......... ~-~ ~---T~rmen? (Ord. No. 96-05. ~ 1,-3-6-96). Prior POlice.Officer service, ~ ~ OE result in service. 26 within six months of the request for credit and in one lump sum payment, or the police officer can buy back this time over a period equal to the lento-th of time being purchased or five years, whichever is greater, at an interest rate which is equal to the fund's actuarial assumption. A police officer may request to purchase a maximum of five (5) years of service. No credit shall be given for any service untiI all years of service which are to be repurchased, havebeen mpurchased: The credit purchased under this~secfion~h~l[ count for benefit computation purposes, but not for vestin~ Inno event¢ however, may creditec~.seveice be pUrchased pUrsuan* to thik section-for prior-service with any ~,irim~i~ipal~ :County retirem~t benefit or pension t~om another, retirement system or pl'ar~ Section 18-173. Rollove~s A. Direct transfers of eligible rollover distributions. 1. General. This subsection applies to distributions made on or after January 1, 1993. Notwithstanding any provision of the plan to the contrary that would otherwise limit a distributee's election under this subsection, a distributee may elect, at the time and in the manner prescribed by the board of trustees, to have any portion of an eligible rollover distribution paid directly to an eligible retirement plan specified by the distributee m a direct rollover. 2.Definitions a. Eligible rollover distribution: An eligible rollover distaSbution is any distribution of all or any portion of the balance to the credit of the distributee, except that an eligible rollover does not include any distribution that is one of a series of substantially equal periodic 27 payments (not less fi-equently than armually) made for the life (or life expectancy) of the distributee orthe joint lives (or joint life expeCtancies), Of the distributee- and the ¢distributee's designated beneficiary, or for a specified period often years or more: any distribution to theextent such distributionis required under section 401(a)(9) of the Code; and the portion of any distribution that is not inciudable in ~ross:income. _ · . b' , Eligible renyement'pl~n:~ ~ etigible retirement plan. is an individual retirement accountdescribed in section 408(a) of the Code, an individual reti~ment annuity described in section 408¢) of the Code, an annuity plan described in section 403(a) of the Code, or a qualified trust described in section 401(a) of the Code, that accepts the distribulee's eligible rollover distribution. However, in the case of an eligible rollover distribution to the surviving spouse, an eligible retirement plan is an individual retirement account or individual retirement annuity. c. Distributee: A distributee 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 support under an income deduction order, are distributees with regard to the interest of the spouse ot former spouse. d. Direct rollover: A direct rollover isa payment by the plan to the eligible ~ t the distributee. r uilemunts are met.~ ~ followin~ 28 Some or all of the mount distributed from the other plan is rolled over to this plan no later than the 60m day after distxibufion was made from the Plan or, ffdistributions are made in installments, no,later than the 60m day after 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 lost-tax basis. Effective October L 2002; a member may rolIover amounts contfib~ted on a post- tax basis; TherolIover ~s made in cash, 4. The member cerlifies that the distribution i~ eligible for a rolloVea~ 5, Any amotmt whiclk the~:trustees accept as ~ rollover to,rMs. F?uli~'slialk A rotlovex mavHalsoi be:made tO, qualified: und6r~ s. 40g~~0f- tbe~ Intern~ Revenue Code ~en t~ individual retirement~&CCOUnt:~,aS:merely used as a conduit for, fUnd~ from another qualified plun and the~ roll~Ve~:is:ma& ih~ accordance wi~ rifles provided in par~s ~ certifi~atibr~ fron~/th~ mere/ocr that" the tl~s Fu~d~ (Ord. No. 90-47, §2, 10-3-90; 93-71, §2, 12-7-93; Ord. No. 9-5g~ §I, Section 1 g- 174. Miscell~eous. A. Pension, vatidi~. Tn*-Bo~ ~o~ T~s's~ ~e ~e~to e~e facts u~ ~ h-~ pe~i~ s~ll ~ve b~: o~0~d ~n~o~l~, 29 fraudulently, or illegally for any reason. The Board is empowered to purge the pension rolls of any person granted a pension under proper or existing law or gm~t~amde~ this:0rdktance if the pension, is found:ti? be erroneous, fraudulent or illegal for any'reason; and to reclassify,any pensioner who has under any prior or .existing law_ or who shall, hereafter und~ this ordinance., be erroneously, improperly, or illegally classified. .~lse o de. tq ~ain ~e~irement benefits prohibited. 1. It is unlawful for a person to willfully and: .kgowingly make, or cause to be made, or to assist, conspire with, or urge a~ng[her to make, or cause to be made, any false, fraudulent~ or. mis!~ading._gra[ or written statement or withhold or conceal material information to obtain any~benefit under this. plan. 2. a. Aperson who violates subparagraph I. commits a misdemeanor of the first degree, punishable as provided in §§775.082 or 775.083. In addition to any applicable criminalpenalty, upon conviction for a violation described in subparagraph 1., a participant 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 guilt that is the result of a plea or trial, regardless of whether adjudicationis withheld. such payment or 30 claims make 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. D. Rights and Benefits Not Subject ro Legal Process. The fights and benefits provided for herein are vested rights of participants in the Fund and shall not be subject to attachment, garnishment, execution or any other legal process. This section does nol apply in the event of an income deduction order for alimony or child support. E. Lump Sum Payment of Small Retirement Income. Notwithstanding any provision of the Fund to the contrary, if the monthly retirement income payable to any person entitled to benefits hereunder is less than $30.00 or if the single sum valu.e of the accrued retirement income is less than $5,000.00 as of the date of retirement or termination of service, whichever is applicable, the Board of Trustees, in th9 exercise of its discretion, may speci~ that the actuarial equivalent of such retirement income be paid in lump sum. Required Dt~stributio~ In _ae¢~ce x~ith I11/(2 S~0n 401 (a){9~all benefit: unde~ this plan will date set tt~ life expeetan~y~ of the :~ ealenda~, ~. f6tlo~g the Calendar year of tl~ thc Cal~adar 7ea~_~. i~ ~vhich If amemployee hlm~ th~ 'renlaining been: disa-ilSuted t~ di2qRibUted a~ least as rapidly as provided for under this plan. Internal Revenue Code limits.-- 1. 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 years of Service with the city, the applicable timi~6n in paragraph: (a} Of ttii~::'SUl0k~0Wshal~ be reduced by multiplying sucl~ limitation by, a fra~d0n,:)n01~t0cex~eed one (1), The numerator of such,~aeti0n shall ~ · of 3. For annualty: in the m (a) above w~ IX~ reduc~ benefil IRC 32 Section 18-175. A. B. 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 5percent or the rate used for actuarial equivalence, Deferred retirement option plan. A deferred retirement option plan t"DROP"~ is hereby created. 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. Participation in the DROP must be exercised within the first twenty-two (22) years of combined credited service. However, participation in calendar year 2000, the fi~st year. will be extended to all members. Except for the extension of participation at inception as provided for in (c) above, a member shall not participate in the DROP beyond the time of attaining twenty: five (25) years of service and the total years of participation in the DROP shall not exceed five (5) years. For example: 1. Members with twenty (20) years of credited service at time of entry shall only participate for five (5) years. 2. Members with twenty-one (21) years of credited service at time of entry shall only participate for four (4) years. 3. Members with twenty-two (22) years of credited service at time of entry shall only participate for three (3) years. Upon a member's election to participat~ in the DROP, he or she shall cease to be a meff~ber and is precluded from accruing any additional benefit under the Pension Fund. For all Fund purposes, the member becomes a retirant. The amount of credited service and final average salary f~eeze as of the date of entry into the DROP. Accumulated, unused sick and vacation leave shall be included in the compensation calculation; provided however, that a minimum balance of 120 hours of sick leave and 120 hours of vacation leave shall be maintained by the employee and excluded from this calculation. The retained leave balance. [ncludirtg an'y additions;' Shall be distributed at the conclusion of DROP partimpation and separation from service: Payment shall be made into the employee's DROP account as if the employee had retired from the employ of the City. The amounts paid will be determined in a~C0rdar/~e With t~ Plan,fixtd :tl~eemployee's selection of. th~ payment option. Payments int6:ihd DRO1~ Will be made monthly o~)er:ihe period the employee participates in the DROP, up to a maXimum of sixty (60) months. An employee's account in 'the DROprprogram:shail earn interest in one of two ways. The selection Of the earnings program shall be irrevocable and shall be made prior to the first deposit in the DROP account. The options are: 1. Gains or losses at the same imerest'rate earned by the pension Plan; or 2. A guaranteed rate of 7.0%. Employee's DROP accounts will be assessed an administrative fee that is based upon the ratio that the Employee's DROP account bears to the Fund as a whole. 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 to and including forfeiture of the DROP account. All interest shall be credited to the employee's DROP account on a quarterly basis with quarterly statements provided. In the event that~ a member dies while in the DR6P, interest shall be pro-rated to the last business day of the month preceding the death of the member. Upon termination of employment, participants in the DROP will receive the balance of the DROP account in accordance with the following rules: 1. Members may elect to begin to receive payment upon termination of 34 empl%vrnent or defer payment 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. Installments - 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 be made upon approval of the Board of Trustees. c. Any form of payment selected by a police officer must comply with the minimum distribution requirements of the IRC 401(A)(9), and is subject to the requirements of subsection 18-174F e.g., payments must commence by age 70V2. d. The beneficiary of the DROP participant who dies before. payments from DROP begin shall have the same right to select payment options as the participant in accordance with this subsection. A DROP participant may designate a beneficiary to receive the DROP balance in the event of the participant's death prior to pay out of the full DROP balance. K. No payments will be made from DROP until the employee actually separates from service with the City. L. If an employee shall die during participation in the DROP, a survivor benefit shall be payable in accordance with the form of benefit chosen at the time of entry into the 15ROP. M. Upon commencement of participation in the DROP, the member shall no longer be eligible for disability retirement from the pension plan. Section 18-176. Termination of plan and distribution of Fund. Upon termination of the plan by the municipality for any reason, or because of a transfer, 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'fights of all employees' to benefits accrued to the date of such' termination or discontinuance and the amounts credited to the employees' accoums are nonforfeitable. The fund shall be apportioned and distributed in accordance with the following procedures: A. The board of trustees shall determine the;date of distribution and the asset value to be distributed, after taking into ac, count ~he expenses of such distribution. B. The board of trustees shall determine the method of distribution of the asset value, that is. whether distribution shall be by payment in cash, by the maintenance of another or substituted trust fund, by the purchase of insured annuities, or othemdse, for each member entitled to benefits under the plan, as specified in subsection IC). C. The board of trustees shall apportion the asset value as of the date of termination in the manner set forth in tiffs subsection, on the basis that the amount required to provide any given retirement income shall mean the actuarially computed single- 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. 1. Apportionment shall first be made in respect of each retired member receiving a retirement income hereunder on such date, each person receiving a retirement income on such date on account of a retired (but sxnce deceased) member, and each police officer who has, by such date, 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 36 be proportionately reduced so that the aggregate of such reduced amounts will be equal to such asset value. If there is any asset value remaining after the appornonment under paragraph (1), apportionment shall next be made in respect of each member in the service of the municipality on such date ~vho has completed at least 10 years of credited service, in the Fund for at leasi I0 years, and who isnot er/titled to an apportionment under paragraph (a), in the amount required to provide the actuarial equivalent of the accrued normal retirement income, based on the police officer's credited service and earnings to. such date, and each former participant then entitled to a benefit who has not by such date reached his or her normal retirement date, in the amount required to provide the actuarial equivalent of the accrued normal retirement income to which he or she is entitled, provided that, if such remaimng asset value is less than the aggregate of the amounts apportioned hereunder, such latter amounts shall be proportionately reduced so that the aggregate of such reduced amounts will 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 municipality on such date who is not entitled to an apportionment under paragraphs (a) and (b) in the amount equal to the member's total contributions to the plan to date of termination, provided that, if such remaining asset value is less than the aggregate of the amounts apportioned hereunder, such latter amounts shall be proportionately reduced so that the aggregate of such reduced amounts will be equal to such remaining asset 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, tess return to the state of the state's contributions, provided that, if. the excess is less than the .total contributions made by the mumcipality 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 state. D. :.The b0~d of~tmstee~~ shall '..distr~bute~: in. accordance with the manner of dlstr/bution determined, under subsection-(B), the amounts apportioned under < subsection (C)'. ' If, after a period of 24 months a~er the date on which the plan : terminated or the date on which the board received written notice that the corftfibntions thereunder were being permanently discontinued, the municipality or the board of trustees of the municipal police officers' retirement trust fund affected has not complied 'with all the provisions in this section, the division shall effect the termination of the fund in accordance witl~ this section. Section 18-177:. SUpplemental Pension Distribution A. Subiec! to the.conditions s~ fo,~h i~ this~ secvii~n, the,-board' of trustees shall the mount of Which shall pension 38 of chapter 112, Florida Statutes, The actuary for the pension fund shall, as of September 30, determine the actuarial present value of future pension payments to current pensioners. The acumrial present values shall be calculated using an interest rate of ei~_ht and one half (8.5)percent a year compounded annually, and a mortalit~ table approved by the board of trustees and as used in the most recent actuarial mpor~ submitted-pursuant to~ part VII of chapter 112.. Florida Stamtes~ This,will be the pool of funds available to, fund the supplemental pension ~butiom If the actUa~ determines there may, be, a supplemental pension distributiom the boar~ oftrustees shall authorize such a distxibuti6n unless the, admini//trative: ~xponses of distribution exceed.: the amount ~x/ai[abl~ for the distdbuti0~ Supplementai~ pens~on,~iiStributtons, wfll be made to pensioners, including DROP members;and beii~ffici~es; w-ho are referred to aS~li~ibIe ~onsi tiS/aSbuti0n shall ~ all6eated:among~ etigible~ persons wil~ 15e~ proportion that th~ paid lm~:o~ her allocated portion pensio~ ~strilmtion; A pro-rata, slim~ ~ the deceased retirant's supplememal pension distribution based on a number of momhs that the deceased retirant received a pension during the year endin~ the September 30th prior to the ;retira~s death, Secfion:2¢ ~mypart of the Boynton Beach: Code in conflict herewith shall be repealed. Section 3. This Ordinance shall be effecti'~e.up0n 4~te:o~passage. FIRST READING this t~ dayof~anUary, 2002 SECONI)~ FIN-AL REAI~iNG ~D PASSAGE'S: day ofPel5ruary, 2002. CITY OF:BOYNTON'BEACH. FLOR[DA Mayor ' Vice Mayor Commissioner Commissioner Commissioner ATTEST: CITY CLERK HSBB 188XPlan DocXRestate\planl219.wpd 40 XII. - LEGAL ITEM A.S CITY OF BOYNTON BEACI AGENDA ITEM REQUEST Dam Final Form Must be Turned in to City Clerk'~ Office Requested Cit9 Commission Date Final Form Must be Turned in to CRv Clerk's Office NATURE OF AGENDA I't'EM November7.2001 (5:00p.m.) ~_. January [5. 2002 November21,2001 (5:00p.m,) ~ FebruaryS. 2002 January 3, 2002 (5:00 p.m.) January 16~2002 (5:00 p.m.) December 5, 2001 (5:00p.ro.) December !.9, 2001 (5:00 p.m.) [] Administrative [] Consent Agends [] PuNic Hem-ing [] Bids [] Amaotmceme~ [] February 19, 2002 [] March 5, 2002 February 6, 2002 (5:00 p.m.) February 20, 2002 (5~)p.m~'-~. -. [] Development Plans ~ _~ [] New Business -' [] Unfinished Businas~ r~ -,1~ [] City Manager's Report RECOMMENDATION: Motion to approve an Ordinance amending Fire Pension (Retirement) PIan to provide for a change in the method of calculating final average monflfly compensation and provision of a "13 Check" depevding on investment performance of the funcL Reconmaendation to approve. EXPLANATION: The Fire Pension Board has reviewed a proposed ordinance prepared by their legal counsel that changes thc COranUratiOll n2ethed of dei~,,--ininc~ th~ rate of pension from the average of the last five years to thc average of the last · h ~ ng e~la~v The nrtlinange al~o D~ovide~ for the oavment of a "13a~ Check" to pension recipients based on the mroe years .... j ....... ~--. - -- performance of the invesm2mt portfolio managed by the Fire Pension Board. I prefer the language for the 13~ Check calculation in the Police Pension ordimmce. Adoption of this Ordinance will resolve several pending grievance maners. PROGRAM IMPACT: The program cI~n_o¢ will provide an incon~ive for statfto ~ay with the City and will assist the City in recruthnent of new persrm~el for the ~ service. FISCAL IblFACT: The pro~,u~willco~ flie City an e~mated $163,198. The City budgeted $160,994 for pension contribu~ons. The original plan wa~t~ not use these fi. aa due to s~rong investment earnings of the fund. The funds could be used to offset furore imm~a~,~d l~'mi0~ Proportionately, the cost to the City will increase next fiscal year by 30% or .%48,300. This be.%.d o~the anticiI~ate~:[~e~x~ion impa~t of 24 to 27 new staff for thenewfitestati°n- Offsets to this cost can be achieved by ob~ai, dn~_~a co,,,m~ment ~,m the Fire Pension Board to rese~c 100% of additional State F,~mlum funds above the $351,24I received'in l~at Year ending 9/30/00. As of 1/11/02, this conWmunent has been made by the Fire Pension fund. B~Gm~Od'~mmm~ ~O be received in 2001 is $365,934 thus $I4,693 would be available to offset the additional cos~ The Cit7 Manager _w~ b~ ~.in~ this with thc President of the Pension Board along with °ther c°sr'c°ntainment idem. ALTERNATIVES: Do not ado~ ordinance that will extemi this benefit to ~ n~b~ of ~c pemion systen~o Depamnant Heact's Sigeamm " 121ty-Managm's Signature Department Name ~i~ Attorney / Finance ! Human Resources s:~B ULL~TIN~ORMS~AGENDA ITEM KEQUEST FORM,DOC ORDINANCE NO. O~-OO5-- AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING SECTION 18-181(A)(4) OF THE FIREFI~HTERS{ ~PERMIT THE PURCHASE ~?OF INVE NOT GREATER THAN TO HOLD AN SECTION 18~183 ~( RETIREMENT PLAN TO PROVIE A1~ERAGING OF THE THE OF reuirementpla~,and trusu WHEREAS, uhe Board Firefighters' WHEREAS, the City of Boynto~$~ch Flomida, fund, fo~.~f~efighuers.; of Trustees of the Retirement Plan desires, to permit the presently has a Boynuon Beach amend the City Code uo purchase of investment grade bonds; WHEREAS, the Board of Trus5ees of the Firefighters' Retirement Plan desires uo provide fcr three year averaging in the final average monthly compensation; WHEREAS,, the Board of Firefighters' Retiremenu Plan provide for a thirteenth and beneficiaries of the realizes an actuarial Boynton Beach amend the city Code uo computation of a member's Trustees of the Boynuon Beach desires to amend the City Code uo monthly pension payment uo all retirees Retiremenu Plan in years when the Plan gain; and Page 1 of 7 WHEREAS, the City Commissmon has determined this amendment will benefit 5he citizens of the City of Boynton Beach; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA: Section 1: Section t8-181(a) (4) is hereby amended ~o read as follows: Section 18-181. Investments The investment powers and authority of the board of 5rusuees of the municipal firefighters pension trusu fund shall be in ~ccordance with however: (a) Florida Statutes, Section 175.071, provided, The aggregaue investment of fund asseus in: (4) Bonds or other ceruificates of indebtedness issued or guaranteed by a corporaulon organized under the laws of the United States, any state or organized territory of the United States or the District of Columbia; shall not au cost exceed sevenuy (70) percent of the fund's asseus; nor shall more than uen (10) percen5 of the fund's assets be invested in uhe bonds or other certificates of indebtedness of an one issuing company; nor shall the aggregaue of such investmenus in any one company exceed three (3) per cent of the outstanding bonds or osher certificates of indebtedness of that company. Fund asse~s may invested in investment ~rade Page 2 of 7 bonds with not qreaner than 10% of the fixed zncome portfolio to hold Section 2: Secmion 18-183(al follows: Section 18-t83. Average final c'omDensation annual compensation defined. tel Average final compensa5lon, for calculating entitlement shall mean the average an lnvesnmenu rating of Baa. is hereby amended to read as defined; average the purpose of Go benefits' under this plan, cash compensation exclusive of bonuses and incentive pay received by a firefighter during the ............................... ~ - ....................... · -- a¢&za~c th highest Secuion follows: Section 18-184. years of the last ten years of creditable service prior to retiremenu. 3: Section 18-184 is hereby created Go read as Thirteenth Check. Thirteenth Check Supplement Created. A benefit is hereby created to be provided in the form of a thirteenth monthly retirement payment to each beneficiary and retiree of the Plan. Payment shall only be made in those years in which an actuarial gain has been determined ~o exist by the Board of Trustees, following consultation with the acuuary uo uhe Board. (a) Page 3 of 7 Determlnaulon of Actuarial Gains. The acuuary for the Retirement Fund shall perform an annual calculation uo determine on the basis of all actuarial factors used uo measure the Plan whether or hOC the Plan has sustained an actuarial ~aln or loss. The actuary shall reporu annually at a special meeuln~ of the Board reqardinq the actuarial qain or loss for the year. Once certified by the actuary, the Board shall nouify retirees reqardinq uhe availability of a thirteenth check payment for the year. In any year in which the Board of Trustees, followinq consultation with the acuuary, determines that no actuarial qaln has occurred, no benefit shall be payable. In years in which the Plan's actuarial qamn zs sufficienu to support the payment of a thirteenth check, the payment shall be made in December. Creation of Thirteenth Check Fund. Fotlowinq the determinauion of actuarial qazn, a f~nd is hereby created, within the assets of the Retirement System, which shall consist of the porEion of the actuarial qain attributable to retirees and beneficiarzes. This portion shall be equal uo the total acuuarial qain Page 4 of 7 Id/ multiplied by the ratio of thel Qresent value of benefits for retirees and beneficiaries to the present value of all future benefits for al~ members-or-the Sysnsm. The fund shall be cO-mingled with o~herassets of~theSystem but shall be measured for accounting purposes as a separa~te f~und~within.~he~.Retir~mentSystemfor the-e~clus~ive, purpose, of..Droviding benefits under this Section. Distribution of Benefits; Limitations. In any~year in which the Board denermlnes that a distribution may be made ~n accordance with the proviszons of this Section, a supplemental benefin shall be paid in the form of a thirteenth monthly pension payment no each retiree or beneficiary of a deceased retiree. The payment for each retiree shall be determined by the Board, but nhe total amount payable may non exceed the Thirteenth Check Fund. Non-Guarannee of Benefits. By acceptance of a supplemental benefit under this Sectlon, each retiree and beneficiary acknowledges that they have no right, title or interest in any such benefi=s except as may be determined by the Board of Trusnees. The Page 5 of 7 payrnenm of a thirteenth check in any year shall not creane any riqht, title or inheres5 zn any Derson 5o the Daymenn of a thirteennh check mn any other year. The Board of Trustees reserves the exclusive riqht to alter the manner of payment of this benefit or, to decline the paymen~ of such benefit in any year in which the Board. zn the exercise of its fiduciarr resDonsibilit¥ and its sole discretion, determines in is mn the best interest of the Plan 5o foreqo such pa~mens. (fl Rule-Makin~ Authority. The Board of Trustees shall have authority to make such uniform rules as it deems aDproDr±ate to facilitate the payment of benefits under this Section. Section 4: That all Ordinances or parts of Ordinances conflict herewith be and the same are hereby repealed. Section 5: Should any section or provision Ordinance or portion hereof, any paragraph, any sentence, be declared by a court of competent ]urisdiction 5o be such decision-shall not affect Section 6: Authority Ordinance. of this or word invalid, the remainder of this Ordinance. is hereby granted to codify this 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 ~he~Boa~d of Truslees o£ the Bgynto~ Begch. Fi~efighters' R_e~irement Plan advising that, a majority of the membership of the Plan has approved the use of future Chapter t 75 insurance premium monies to,offset the cost of adopting section 2 of this Ordinance. FIRST READING t~is [E-'day Of Lla'i'ibaty; 2002' sECOND, FINAL READING AND PASSAGE this 2002. day of February, CITY. OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk Boynton Beach Fire Fighters and Paramedics Local 1891 International Association of Fire Fighters affiliated with AFL-CIO-CLC January 22, 2002 With regards to previously discuss, ed issues between Local 1891 Executive board members and City of Boymon Beach officials, the urdon agrees to the following terms and conditions listed below. These issues are contingent upon the first & second reading and:ratification by the City Commission passing the following ordinance with:regards to the Firefighters pension msues, 3 to 5 year averaging and the thirteenth check. Local 1891 Executive board agrees to the'letter of understanding on freezing probationary firefighter pay as referenced to article 14, years 2000-2001, and 2001-2002. 2. Local 1891 Executive Board agrees to drop the health insurance grievance pertaining to a change in benefits for 2001-2002. Local 1891 Executive Board agrees to drop the 1% lump sum insurance adjustment given to other employees for health insurance increases for the fiscal year 2000-2001. Local 1891 Executive Board prides itself on resolving these indifferences and continues to strive in keeping good Labor / Management relations with the City for the bettermem of the Citizens of Boynton Beach. Vice President Local 1891 Dean R. Kimer fu ............. nt.. ~aua ~at~-uzva twa' (505) 294-7040 E-mail: kmmfman@aoLcom - - X'IL - LEGAL ITEM B.1 CITY OF BOYNTON BEAC AGENDA ITEM REQUEST FC i [" Requested Cit~ Commission Date Final l~orm Must be Turned Meeting Dates in to CiW Clerk's Office Requested City Camm~ssmn Meetin~ Dates Date Final Form Must be Turned in to CiW Clerk's Office [] November2( 2001 November7,2001 (5:00p.m.) ~ January l5. 2002 Januar] 3, 2002 (5:00 p.m.) [] December 4, 2001 November21,2001 (5:00p.rm) [] FebmaryS, 2002 January 16, 2002 (5:00 p.m.) [] December 18.2001 December 5,200I (5:00 p.m.) [] February 19, 2002 February 6, 2002 5:00 p.m [] January2. 2002 December l9, 2001 (5:00p.m.) [] MarchS, 2002 February 20, 2002 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [~ Bids [-- Uvfinished Business [-- Announcement [] Presentahon [] City Manager's Report RECOM2~IENDATION: Please place this request on the February 5, 2002 City Comm/ssion Agenda ual_der ;: Legal, Ordinances - First Reading. The City CoInImSsion unanimously approved this request under "Public Heax~rg" o~n' ~> January 15, 2002. For further details pertaining to the request, see Deparlment of Development MemorandumN ..~,:PZ )~ 238. ,%~ ~rn EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: DAKOTA LOFTS (LUAR 01-006) H. P. Tompkins Chan's Enterprises 3010 S, Federal Highway Request to reclassify the subject property from Local Retail Commercial and Low Density Residential to High Density Residential, The site plan (NWSP 01-010) will be referenced as the master plan for'the PUD. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A D evelopx~lfent'*D etJlir tment ~)irec'tor City Manager's Signature Planmng and Zomng D~rector City A~omey Finance Human Resources S:kBULLETIN~OKMSLAGENDA ITEM REQUEST FORM.DOC ORDINANCE NO. 02- AN ORDINAN;CE OF TtSE, CITY OF BOYNTON BEACH. FLORIDA, REGARDING PROPERTY LOCATED AT 3010 SOUTH FEDERAL HIGHWAY; AMENDING 89-38 BY FUTURE LAND LAND PROPER RETAIL DENSITY AND WHEREAS, the City Commission of the City of Boynton Beach. Florida has adopted a Comprehensive Future 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 Comprehensiv~ 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 hearing and study, the City Commission deems it in the best interest of the inhabitants of said City to amend the aforesaid Element of the [Comprehensive Plan as adopted by the City herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE ',ITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1: Ordinance No. 89-38 of the City is hereby amended to reflect the )llowing: That the Future Land Use of the following described land shall be designated as High Density Residnetial Said land is more particularly described as follows: See Attached Exhibit "A" Section 2: That any maps adopted in accordance with the Future Land Use Element shall be amended accordingly. Section 3: All ordinances or pans o f ordinances in conflict herewith are hereby repealed. Section 4: Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 5: This Ordinance shall bbcbme effective 31 days after adoption, unless challenged. If challenged, it becomes effective upon the issuance of a final order finding it in compliance. FIRST READING this day of ,2002. SECOND. FINAL READING and PASSAGE this day of 2002. ATTEST: City Clerk (Corporate Seal) s:ca\~td Land Us~ - Dakota Lotts CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ~TE~CNCETIoN L~E Og 76.1 WAY O~FIOiII O~ CAN, M. A PARCEL O&r LAN~ IN ~'~'T~ON 4, ?~ 44 SOIJl"~ RAN~ 43 EA..eT. PALM BEACH COLINTy, F?.ORI~ MORE LOT LOT 30: ..~.~, $. _9 ~ ;. PAIMLLEL W~TH THE SAI~ HORTH LIt~ OF $~TIOH 4, ,94.75 t~1; TlfEN~ $.O*4~4 't~ 24~$ FEET; THENC~ Ha~a ~"E. 92.0a FEET TO THE ~ POsit O~ BEGNVI~. EXHIB IT "A" Q Requested C~ty Commission Meeun¢ Dates [] November 20, 2001 [] December 4. 2001 [] December 18, 2001 [] Janua~ 2, 2002 X[I. - LEGAL ITEM B.2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM 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, 20ffi (5:00 p.m.) December I9, 2001 (5:00 p.m. Requested City Commlss~on Meeting Dates [] January 15, 2002 [] February 5, 2002 Febraary 19, 2002 [] March 5. 2002 02 J .N 15Ii: 55 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.~ Febraary 20. 2002 (5:00 p.m.) NATU~RE OF AGENDA ITEM '-] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Please place this request on the February 5, 2002 City Comimsslon Agenda under .~ Legal. Ordinances - First Reading. The City comrmSsion unanimously approved this request under "Public Hearing" on January 15. 2002. For further details pertaining to the request, see Department of Development Memorandum No. PZ 01- 238. EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: DAKOTA LOFTS (LUAR 01-006) H. P. Tompkins Chart's Enterprises 3010 S. Federal Highway Request to rezone fxom C-3 Community Conanercial and R-1-AA Single-family Residential to Planned Unit Development (PUD). The applicant proposes to develop the property with nineteen (19) three-story town home~ and related site improvements- rlie site plan (NWSP 01-010'l will be referenced as the master plan for the PUD. PROGRAM 12VIPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A Development Dephrtment Dk'ector City Manager's Signature ~PIa~ ~Tn~ector CityAttomey Finance / Human Resources g g S:kBULLET1NkFORMSXAGENDA ITEM REQUEST FORM.DOC ORDINANCE NO. 02- AN ORDiNANCE OF THE CITY OF BOYNTON BEACH. FLORIDA, REGARDiNG THE APPLtCATtON FOR REZONING BY DAKOTA LOFTS; AMENDiNG ORDiNANCE 91-70 OF SAD CITY BY :i~zONING.'A~~ TRACT OF LAND MORE PARTiCL~y' DESCRIBED HEREiN, FROM C-3 COMMUNITY CO ~M~MERC~ AND R-I-AA SiNGLE-FAMILY RESIDENTIAL' TO pLANNED UNIT DEVEL©PMENT (PLFD~; PROVIDING FOR CONFLICTS, SEVERABILn'Y, AND AN EFFECTIVE' Di~TE. WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted Ordinance No. 91-70, in which a Revised Zoning Map was adopted for said City: and WHEREAS, H.P. Tompkins. as agent Chan's Enterprises, owner of the property more- particularly described hereinafter, has heretofore filed a Petition, pursuant to Section 9 of Appendix A-Zoning, of the Code of Ordinances, City of Boynton Beach, Florida, for the purpose of rezoning a certain tract of land consisting of 2.00 acres, said land being more particularly described hereinafter, from C-3 Community Commercial and R-I-AA Single-family Residential to Planned Unit Development (PUD); and WHEREAS, the City Commission deems it in the best interests of the inhabitants of said City. to amend the aforesaid Revised Zoning Map as hereinafter set forth. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF rilE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1: The following described land, located in the City of Boymon Beach, Florida ~s set forth as follows: "See. attached Exhibit "A .... ~c and the same is hereby rezoned from C-3 Community Commercial and R-l-AA Single- ~nily Residential to Planned Unit Development (PUD). A Iocati6n map is attached hereto as :~xhibit "B" and made a part of this Ordinance by reference. Section 2: That the aforesaid Revised Zoning Map of the City shai] be amended ~ccordingly. Section 3: All ordinances or parrs of ordinances in conflict herewith are hereby 'epeated. Section 4: Should any section or provision of this Ordinance or any portion thereof .~ declared by a court of competent jurisdiction to be invalid, such decision shall not affect the :emimder of this Ordinance. Section 5: This ordinance shall become effective immediately upon passage. FIRST READINGthis day of .2002. SECOND, ~INAL READING and PASSAGE this __ day of ., 2002. CITY OF BOYNrrON BEACH2 FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk (Corporate Seal) DE$CR~ T1ON:. PARCEL ~ ~IXTY-$1X ~'OOT RIGHT OF' WAY OF' $~.4TE ROAD NO. 5: THEN_CE w~ST~oF~Y ALp~_ SAIO PARALLg'~. L~_,. I$0 EE 0 0 $ I0 FOR STREET, ~OAO :AND PUELiC UTILITY PURPOSES THE ~'-rST~[ I' ~0 FEET THEREOF. OESCJ~PTION OF' CANAl_ ,4 pARCEL O~ ~ IN SECTION 4, T~ 4~ SOUTH, RANGE 43 EAST, PALM BEACH C"OUNFY, FLORIO,q, BORE PARTIC'.Z. ARLY OE$C..MBED A.~ FOLLOII~: : . THE I~dfT OF,WTERSECI?ON OF TH~ IVESTERL Y MGHT Of'.tVA Y Cl~ .Of~_ I?~ NIRA~C~4:S~L WA I~gN~A Y ~ A .LT.J~ PARALLEL i~T~.y R~GHT?OI.' WAy t. i~ OK I'I~ iVI~A~,~4~l~.,~WAT~FMy; 77~NC~;NORTH S~"~'O~ ~AST, ALONQ .~A/O W~T~.Y RI~HT O~ LOT 2~ LO1' 30: THAT PART ~ E~'~TION 4, TO~ 4~ ~ RAJV~E 43 EA$~, PALM ~40f CO(~ITY, F[OR~A. L~CMBED AS F'OU. OI~: POINT OI~ INTERSECITON 0~' THE II~STERL Y RIDHT 0~' Fi'AY ~ OF' THE JV~RA_C~4..S~'AL WA_~___A Y WITH A I. JVE 61,20 F'EET EXHIBIT "A" ,~. .... .- LOCATION MAP EXHIBIT "~1" NIC C3 TO XII. - LEGAL ITEM B.3 ORDINANCE NO. 02- REVISED AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING CHAPTER 9. OF THE CITY OF BOYNTON BEACH CODE OF ORDINANCES, PROVIDING FOR COMPLIANCE WITH FLORIDA FIRE PREVENTION CODES. 2000 EDITION; PROVIDING FOR . CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTiVE DATE. WHEREAS, the City of Boynton Beach Fire Rescue Deparunem is the division of municipal government that enforces the fire codes in the interests of public safety: and WHEREAS, fire protection and prevention are essential to the well-being, prospemy and safety of the community and its residents; and WHEREAS, the City's fire rescue department has reviewed the existing provisions ~f Chapter 9 and has determined that it is in the best interests of the citizens and residents of the community m recommend that the Code of Ordinances be amended to provide for compliance with Florida Fire Prevention Codes, 2000 Edition are met. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. Chapter 9 Fire Protection and Prevention is hereby amended by adding the words and figures in underlined type, and by deleting the words and figures m smack through type, as follows: A. Section 9 -3 (a) is hereby amended by adding the words and figures in underlined type, and by deleting the words and figures in struck-through type, as follows: (a) NFPA l, Fire Prevention Code, !997 2000 Edition is hereby adopted by reference as if set out in its entirety herein. NFPA 1, Fire Prevention Code, 1997 2000 Edition as amended in the following chapters and sections and NFPA 101, Life Safety Code, 1997 2000 Edition, shall constitute and be known as and may be cited as the Boynton Beach Fire Code hereinafter referred to as "this Code". B, Section 9 - 6 Codes - deletions and amendments automatic fire protection systems, is hereby amended by adding the words and figures in underlined Sec. 9-14 Roadway security gates and ememencv access The minimum requirements shall be as required by the Fire Marshal: ~ a) All securitwentrance ~ates must have an electronic kev number pad or an approved alternative. (b) The keypad will allow entrance by the simple act of pushing four (4) or five (5) buttons. (c) All gates must have a security entry code approved in advance by. the Fire Marshal. (d) Gates may be operable by telephone from our dispatch office. A phone call from our dispatchers will open the gate and a second call will be reqttired to close the gate. (e) In case of power failure, the electronic sate shall open automatically and remain open. If) An exception will be where a 24-hour security guard is stationed at the gate. (2) A back-up device such as an authorized security box or key switch is required to operate the gate in the event the number pad entry does not work. (h) No other code numbers, operating methods~ or key systems will be kept on file by the Fire Rescue Depamnent (i) In the event that our units are unable to gain rapid entry ~Sth the above methods, it will required the use of rapid forcible entry methods to gain entry. The City of Bovnton Beach and/or the Fire providing securiw at the site(s), pursuant to Court order, in the event of the arrest or detention of the permit holder's employeets), or agent(s). for violation of this Ordinance, which arrest or detention results in the site being unmarmed bv the permit holder's employee(s) or agent(s). Record of Sales and Exemptions. In order to verify compliance with F.S. Chapter 791 and this ordinance, the seller of fireworks must obtain the name and address of each purchaser of fireworks, check a photo identification, and keep a record of the names, addresses and form of proof of photo identification..The seller must maintain, on s~te. this record for all fireworks sales, which record includes the name and address of purchase, and the form of identification, These records shall be maintained on Site and be made available during business hours for immediate on site inspection bv a Fire Marshal and/or the Police Department or other law enforcement agencies. The records shall be maintained for a period of twelve (12) months from the last entry in the record. Should the site close or be vacated within this twelve (12) month period, the permit holder shall maintain the records for the remainder of the twelve month period. Any violation of this Ordinance shall subiect an offender to arrest pursuant to Section 901.15. Florida Statutes. and prosecution pursuant to Section 125.69, Florida Statutes. Sec. %19. Fire inspection fees (b) is hereby amended by adding the words and figures in underlined type, and by deleting the words and figures m struck- through type, as follows: da) The following permit fees for fire protection systems are required: (-3-) (1) Fire detection and annunciation systems: $25.00 (4-) (2) Fixed fire suppression systems halon, wet/d_ty chemical systems, etc.): $25.00 (i) decorative li~zluing, carnivals, and similar purposes and for experimental development work. (3) When temporatw wiring is attached ro a structure, it shall be attached in an approved mariner. All electrical motors shall be m-a~ntained h~ a manner free from accumulations of oil, waste, and other debris, which will interfere with required motor ventilation or create a fire hazard. H. That Sec. 19-23 is hereby amended by adding the words and figures in underlined type and by deleting the words and figures in struck-through type, as follows: Section 9-23. Fire hydrants and fire department connections. t~%r ........ ~1t ~ ~ .... any ~ .... =~ ............ , ,~ o*&cr material (Jod_Reflective blue markers shall be placed to indicate the location of a hydrant. I. That Sec. 9-30. Duties of officers is hereby amended by adding the words and figures in underlined type, as follows: It shall be the duty of the officers of the Fire and Life Safety Division. identified in Section 9-29, to enforce all laws and ordinances concerning the following: (a) The prevention of fires. (1) Inspection (2) Plan Review (3) Public Education (4) Enforcement Section 2. Each and every other provision of Chapter 9 of the City of Boymon Beach Code of Ordinances not herein specifically amended shall remain in full force and effect as previously enacted. XII.- LEGAL ITE~4 B,3 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Coramission Date Final Form Must be Turned Meetm~ Dates in to City Clerk's Office Requested City Commission Meeting Dates Date Final Form Must be Turned in to City Clerk's Office [] Noverab~r 2C 2001 [] December 4. 2001 November 7. 2001 (5:00 p.m.i November 21. 2001 (5:00 p.m. January 15. 2002 ~'~ February 5. 2002 January 3. 2002 (5:00 p.m.) Joaluary 16, 2002 (5:00 p.m.) [] December 18. 2001 December 5. 2001 (5:00 p.m.) [] February 19, 2002 February 6, 2002 (5)0 p.m.) [] January 2, 2002 NATURE OF AGENDA ITEM December 19. 2001 .5:00 p.m.) [~ March 5. 2002 February 20, 2002 5:004x.rn.) [] Administrative [] Development Plans c-3 _ [] Consent Agenda [] New Business -- [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation __ [] City Manager's Report ..~ RECOMMENDATION: Modify Chapter 9, City of Boynton Beach Code of Ordinances to insure compliance with NFPA 1, Fire Prevention Codes, 2000 Edition. Make adjustments to fire plan review fees and fees for annual inspection of fire suppression systems. Include requirements for roadway security gates and emergency access and expand requirements regarding the distribution of fireworks within the City Of Boynton Beach. EXPLANATION: The new Fire Prevention Code, NFPA 1 is now in effect. The recolnmendation of the Fire Rescue Department is to adopt by reference, NFPA 1, Fire Prevenffon Codes, 2000 Edition, as amended in Chapter 9. and the NFPA lO1,LifeSafe~y Code, 2000 Edition to be cited as the Florida Fire Prevention Code. These recommended modifications to Chapter 9 Fire Codes refiect changes necessary for compliance with N'FPA 1. The other changes refiect a reduction in the annual inspection fee of all non-residential occupancies up to 70,000 sq. ft. (from $75.00 to $45.00) and removing fire plan review fees for sprinkler, standpipe, and fire pumps; as well updating of existing code requirements relative to emergency access to gates areas and the distribution of fireworks. PROGRAM IMPACT: There is no program impact resulting from the recommended changes, other than the obvious advantage of bringing existing city fire co.des into compliance with the most recent National Fire Protection Association (NFPA) Standards. This will not affect the number or type of inspections currently provided. FISCAL IMPACT: It is estimated that these recommended changes will reduce Fire and Life Safety (FLS) Division o revenues by approximately 10 '/o. However. it~is also estimated that this reduction will be offset by an increase in the number of annual inspectians, providing that FLS Division staffing is maintained as budgeted. ALTERNATIVES: Do not approve these changes and continue operating the most rec~nt National~Fire Protectifio~n Association standards. 1 DepFtm~ent Head's Signature /r ~/ Deparmaent Name City At/ e requirements inconsistent with y~I~nager's Signature ~y/Finance / Human Resources S:~BULLETYB ~FORMS~AGENDA ITEM P~EQUEST FORM.DOC type and be deleting the words and figures in struck-through type, as follows: The City hereby, adopts the following deletions and amendments to the Fire Prevention Code of the National Fire Protection Association. N.F.P.A. Pamphlet No. 1, adopted in Chapter ¢.7_. (a) Section 6 1.2.7-1.2 (b) Section 6 2.2 7-2.2 (c) Sechon'7 1.1 7-3.2 C. Section 9-7 is hereby created to read as follows: Sec. 9-7 Inspection' Test Records A hard'copy of alt inspection, maintenance and test records shall be provided to the AHJ immediately after completion for the following: 1 Fire pump 2. Fire alarm 3. Fire suppression 4. Fire detection 5. Fire sprinkler 6. Fire standpipe All others required b3' NFPA or other applicable codes, standards or statutes. D. Section 9-14 Supplementary lighting systems in places of assembly is hereby deleted in its entirety and a new Section 9-14 is hereby created as follows: C-humhes Dfir2:ir4 :::abliz?~'r.:nt: Gymnasiums L-41mades Rescue Department shall not be responsible for. or incur any costs as a result of gamina access to a specific area. (j) Information on where authorized key security boxes can be obtained is available from Boynton Beach Fire Rescue, Fire and Life Safety Division. (k) Failure to comply will result in the violation of Bovnton Beach Code of Ordinances Section 9-3F. (1) Failure to notify the Fire Marshal of all unauthorized change to the operating system or other violation of this Section shall result in a fine of $100.00. Section 9-18 Fireworks is hereby amended by adding the words and figures in underlined type as follows: This section may be cited as "The Boynton Beach Fireworks Ordinance." (a) The term Fireworks... Any person, firm, partnership or corporation en~ag~ng in the sale, distribution or manufacturing of fireworks or sparklers must first apply for and secure a permit from the Fire Marshal. The application for such permit shall include proof that the applicant is registered with the Division of the State Fire Marshal. In addition, the temporary retail sale of sparklers requires a City of Boynton Beach Occupational License. (i) Before any permit, as provided by this Section, shall be issued by the Fire Marshal for sale of fireworks or sparklers, such applicant shall file with the Fire Marshal a performance bond or similar security as set forth in paraffraph (c). Such security shall be approved by the City Attorney's Office and the Finance Department. The conditions of such security shall be that: (1) the permit holder will pay all costs and iudgments that may be rendered a~alnst said permit holder by a corm of law for a violation of said Ordinances or statute regarding the sale of fireworks or sparklers; (2) the permit holder shall pay the cost of (-54 (3) Hazardous, flammable or explosive materials: $25.00 (6) (4) Plan review of special occupancies tn addition to normal plan review fees: Per hour fee $35.00 Minimum fee: 35.00 Maximum fee 245.00 (5) The plan review fee shall be four (4't times that specified in this table, should work commence prior ro the fire plan review and approval as required bt the Fire Official. (6) Fees for new construction, alteration, or renovation shall be in the amount of $.029 per square foot if provided with a fullv automatic fire protection system throughout the building. (c) Annual inspection fees. There is ... (1) Non-residential .... (1) First 1,000 sq. feet: $75.99 $45.00 (e) Annual inspection of tim supFrzz:icn, detection, and annunciation systems: $45.00 per occupancy Structures with fully automatic fire protection throughout will have their annual inspection fee reduced by one half I50%). G. Section 9-20 Extension cords, control panels, and appliances is hereby amended by adding the words and figures in underlined type, and by deleting the words and figures in struck-through type, as follows: (a) Temporary us. Extension cords... (h) (l) Temporary winng for electrical power and lighting installations shall be permitted during the period of construction, remodeling, repair or demolition of buildings, structures, equipment, or similar activities. (2) Temporary winne for electrical power and lighting installation shall be permitted for a period not to exceed 90 days for Christmas decorative lighting, carnivals, and similar purposes and for experimental development work. (3) When temporary w~rin¢ ts attached to a structure, iT shall be attached in an approved manner. (i) All electrical motors shall be maintained in a manner free from accumulations of oil. waste, and other debris, which will interfere with required motor ventilation or create a fire hazard. H. That Sec. 19-23 is hereby amended by adding the words and figures in underlined type, and by deleting the words and figures ~n struck-through type, as follows: Section 9-23. Fire hydrants and fire department connections. (4~-)_Reflective blue markers shall be placed to indicate the location of a hydrant. I. That Sec. 9-30. Duties of officers is hereby amended by adding the words and figures in underlined type. as follows: It shall be the duty of the officers of the Fire and Life Safety Division, identified in Section 9-29, to enforce all laws and ordinances concerning the following: (a) The prevention of fires. (1) inspection (2) Plan Review (3) Public Education (4) Enfomement Section 2. Each and every other prowsion of Chapter 9 of the City of Boynton leach Code of Ordinances not herein specifically amended shall remain in full force and ~ffect as previously enacted. providine securiW at the sitel s). pursuant to Court order, in the event of the arrest or detention of the permit holder's empioyeefs), or agentlsl, for violation of this Ordinance. which arrest or detention results in the site beine unmanned bv the permit holder's employee(s) or agent(s). Record of Sales and Exemptions. In order to verify compliance with F.S. Chapter 791 and this ordinance, the seller of fireworks must obtain the name and address of each purchaser of fireworks, check a photo identification, and keep a record of the names, addresses and form of proof of photo identification. The seller must maintain, on site, this record for all fireworks sales, which record includes the name and address of purchase, and the form of identification, These records shall be maintained on site and be made available during business hours, for immediate on site inspection by a Fire Marshal and/or the P~)lice Department or other law enforcement agencies. The records shall be maintained for a period of twelve (12) months from the last entry in the record. Should the site close or be vacated within this twelve (12) month period, the pernut holder shall maintain the records for the remainder of the twelve month period. Any violation of this Ordinance shall subject an offender to arrest pursuant to Section 901.15, Florida Statutes, and prosecution pursuant to Section 125.69, Florida Statutes. Sec. 9-19. Fire inspection fees (b) is hereby amended by adding the words and figures in underlined type, and by deleting the words and figures in struck- through type, as follows: (b) The following permit fees for fire protection systems are required: (2)F!r: pump: and centre!let: $25.00 (-3) (1) Fire detection and annunciation systems: $25.00 (4-) (2) Fixed frre suppression systems halon, wet/dry chemical systems, etc.): $25.00 Pool ,am3, o~,:r: Ii:ted in NFPA !O!. Lifo Safe,~' Code !997 Sec. 9-14 Roadway security gates, and emergency access The minimum requirements shall be as required by the Fire Marshal: (a) All seeuriW/entrance gates must have an electronic key number pad or an approved alternative. (b) The keypad will allow entrance by the simple act of pushing ~'our t4) or five (5) buttons. (c) All goes must have a'seouritv entry code approved in advance by the Fire Marshal. (d) Gates may be operable by telephone from our dispatch office. A phone call from our dispatchers will open the gate and a second call will be required to close the gate. (e) in case of power failure, the electronic gate shall open automatically and remain open. (fl An exception will be where a 24-hour securiW guard is stationed at the gate. (g) A back-up device such as an authorized securkv box or kev switch is required to operate the gate in the event the number pad entry does nm work. (h) No other code numbers, operatin~ methods, or key systems will be kept on file by the Fire Rescue Department (i) In the event that our units are unable to gain rapid entry with the above methods, it will required the use of rapid forcible enuw methods to gain entry. The CRv of Boynton Beach and/or the Fire ORDINANCE NO. 02- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING CHAPTER 9. OF THE CITY OF BOYNTON BEACH CODE OF ORDINANCES. PROVIDING FOR COMPLIANCE WITH NFPA l FIRE PREVENTION CODES, 2000 EDITION; PROVDING FOR CONFLICTS, SEVERABILITY. CODltrlCATION AND AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach Fire Rescue Department is the division of municipal government that enforces the f'u:e codes in the interests of public safety; and WHEREAS, fire protection and prevention are essential to the well-being, prosperity and safety of the community and its residents; and WHEREAS, the City's fire rescue department has reviewed the existing provisions of Chapter 9 and has determined that it is in the best interests of the'citizens and residents of the commumty to recommend that the Code of Ordinances be amended to provide for compliance with NFPA 1, Fire Prevention Codes, 2000 Edition are met. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH. FLORIDA, THAT: r. Section 1. Chapter 9 Fire Protection and Prevention is hereby amended by adding the words and figures in underlined type, and by deleting the words and figures in struck through type, as follows: Section 9 -3 (a) is hereby amended by adding the words and figures in underlined type, and by deleting the words and figures tn struck-through type, as follows: (a) NFPA 1, Fire Prevention Code, 1997 2000 Edition is hereby adopted by reference as if set out in its entirety herein. NFPA 1, Fire Prevention Code, !997 2000 Edition as amended in the following chapters and sections and NFPA 101, Life Safety Code, ~997 2000 Edition, shall constitute and be known as and may be cited as the Boynton Beach Fire Code hereinafter referred to as this Code . B. Section 9 - 6 Codes - deletions and amendments automatic fire protection systems, is hereby amended by adding the words and figures in underlined Section 3. Ail ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 4. Should any secuon or provision of this ordinance or portion hereof. any paragraph, sentence or word be declared by a court of competent j'urisdiction to be invalid, such decision shall not affect the remainder of this ordinance. Section 5 Authority is hereby granted to codif.v said ordinance. Section 6. This ordinance shall become effective immediately upon passage. FIRST READING this day of February, 2002. SECOND, FINAL READING AND PASSAGE this day of__ ,2002. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commtssioner Commissioner ATTEST: City Clerk (CORPORATE SEAL) Requested City Coramission [] November 20. 200I [] December 4.2001 [] December [8,2001 [] lanuary 2. 2002 XII. - LEGAL ITEM B.4 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to Ciw Clerk's Office November 7. 2001 (5:00p.m.) November 21. 200t (5:00 p.m.) December 5. 2001 5:00 p.m. December I9,2001 (5:0£ p.mJ Requested City Commission Meetin~ Dates [] January [5. 2002 [] February 5, 2002 [] February 19, 2002 [] March 5. 2002 Date Final Form Must be Turned in to City Clerk's Of&ce January 3, 2002 (5:00 p.m.~ January 16, 2002 (5:00 p.m.) February 6. 2002 (5:00 p.m.2 February 20, 2002 (5:00 p.m. NATURE OF AGENDA ITEM [] Adm/rdstrative n Development Plans [] Coment Agenda [] New Business [] Public Hearing ~ Legal [] Bids --] Unfmishdd Business [] Announcement [] Presentauon [] City Manager's Report RECOMMENDATION: Staffrecommends that the City of Boynton Beach adopt, by ordinance, a provision requiring that all regulatory t~affic control devices in the City of Boynton Beach be placed according to standards specified in the MUTCD. Placement of regalatory and warning signs is routine and can be accommodated in each fiscal year budget. A. Staff farther 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 w/th average daily traffic volume greater than 500 veh/cles per day and only when the 85th percentile speed is greater than 30 MPH for those streets posted at 25 IVIPH. or is greater than 35 MI~H for those streets posted at 30 MPH EXPLANATION: The City comrmssion requested staffto prepare the necessary ordinances for Comrmssion action to enable the traffic control and calming program. PROGRAM IMPACT: The proposed ordinances will allow staffto proceed with placement of regulatory traffic control according to recogmZed. national standards and will also provide minimum criteria necessary for evaluation of traffic calming measures. FISCAL IMPACT: No immediate fiscal impact. Large scale traffic calming projects should be identified and budgeted separately in future capital programs. ALTERNATIVES: Discgjatinuel~lacement of rj~:n~alatory traffic control according to standards and also abandon any Waffic calming procedures. ~t V De~rt~en~12lead s Signature t~lty Manager s Signature Department Name City Attorney / Finance / Human Resources S:~BULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC ORDINANCE NO. 02 - AN ORDINANCE OF THE CITY COMMIb .Z3> ©~ THE CITY OF BOYNTON BEACH. FLORIDA AMENDING CHAPTER 14 MOTOR VEHICLES AND TRAFFIC CREATING A NEW SCrBSECTION TO PROVIDE FOR ALL SIGNAGE TO CONFOtCM TO NATIONAL STANDARDS; CREATING A NEW SECTION PROVIDING FOR TRAFFIC CALMING MEASURES; PROVIDE FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, staff has conducted extensive research regarding regulatory traffic control and traffic calming and has concluded that traffic engineers throughout the country utilize two basic tools for the control of traffic, especially in local neighborhoods. which are traffic control devises and traffic calming measures; and WHEREAS. both tools, when property used. can significantly enhance safety in local residential neighborhoods; and WHEREAS, upon recommendation of staff, the City Comtmssion has determined that the City should follow the procedure set forth in the Manual on Un/form Traffic Control Devices (MUTCD) for all traffic control devices, as well as utilize the form of traffic c(introl known as traffic calming in certain neighborhoods; NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing whereas clauses are tree and correct and are now and confirmed by the City Commission. Section 2. That Chapter 14 Motor Vehicles and Traffic shall be amended by the words and figures in underlined type, as follows:... 14.1 A. Regulatory Traffic Control All signs, striping, and traffic sianals established by direction of the City Commission and/or city staff shall conform to the extent possible, to i~rnptement the relevant regulations to the current national Manual on Uniform Traffic Control Devices for streets and hignwavs in effect at the time of the establishment of the said signs, striping, and traffic signals. When authorized sirens are replaced, the new signs shall conform to the national Manual on Uniform Traffic Control Devices for streets and 14-6. highways in effect at the rime of replacement. Traffic Calming Measures The City shall consider placement of traffic calming measures only upon completion of an initial traffic smd,/. Traffic calmin~ shall be considered onl~ on those local streets with average daily traffic volume greater than 500 ,~ehicles per da,/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. Signing, suSp~ng and other devices identif'ving traffic calming measures. qhatl conform to the current Manual on Uniform Traffic Control Devices. - Section 2. Each and every other provision of Chapter 14 of the Code of Drdinances of the City of Boymon Beach not herein specifically amended, shall remain in full fome and effect as originally adopted. Section 3. All laws and ordinances applying to the City of Boynton Beach in :onflict with any prowsions of this ordinance are hereby repealed. Section 4. Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. SectiOn 5. Section 6. FIRST READING this day of February, 2002. SECOND, FINAL READING AND PASSAGE this February, 2002. Authority is hereby given to codify this Ordinance. This Ordinance shall become effective immediately. day of CITY OF BOSTON BEACH. FLORIDA Mayor Vice Mayor' Commissioner Commissioner Commissioner ~.TTEST: City Clerk Requested City Commission MeeUnu Dates [] November 20.2001 ] December 4, 2001 [] December 18, 2001 [] Januar5 2, 2002 XII. - LEGAL ITEM C,1 CITY OF BOYNTON BEACI AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to Citw CI~rk'i Office November T 2001 15:00 p.m. November 21, 2001 (5:00 p.m.) December 5, 2001 (5:00 p.m.) December 19,2001 (5:00p.m.~ Requested City Commission Meeting Dates [] January 15. 2002 [] February 5, 2002 [] February 19 2002 [] March 5. 2002 Date Final Form Must be Turned in to Citw 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 AGENDAITEM [] Admiins~'ative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Authorization for City Attorney to prepare a partial Release of Lienfor 1000 W. Industrial Avenue, Boynton Beach, Florida and is legalIy described as Boynton Beach Industrial Park North, Lot 9, according to the plat thereof as recorded in ORB 09984 at PAGE 1906, of the Public Records of Palm Beach County, Florida. Authorization for Mayor to execute Partial Release of Lien. EXPLANATION: The City has received a request from the owner's representative for a partial Release of Lien for Lot 9, in Boynton Industrial Park. A Notice of Violation for Lots 4-9 currently exist and is scheduled to be heard by the Code Compliance Board on February 20, 2002. An Order Imposing Penalties as to Lot 9 has been recorded. The Order attaches to all lots owned by B0ynton Industrial Park Associates. To accommodate the applicanL a partial release for Lot 9 must be prepared. PROGRAM IMPACT: Issuance of a partial release for Lot 9 would still obligate applicant/owner to pay any outstanding tines. FISCAL IMPACT: n/a ALTERNATIVES: n/a Depanmem Head's Signature Deparmaem Name - v Ci~ Manager's Signature City Attorr~inance / ltmnan Resources S:~BULLETIN~ORMSLAGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R02- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH. FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AxND CITY CLERK TO EXECUTE A PARTIAl RELEASE OF LIEN FOR BOYNTON INDUSTRIAL PR, A~ iT RELATES TOLOT 9 ONLY (CEB NO. 00-2790~; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Subsection (3) of Section 162.09, Florida Statutes, provides that a certified copy of a court order imposing lien once recorded constitutes a lien against the land on which a code enforcement violation exists and upon any other real or personal property owned by the violator; and WHEREAS, the City of Boynton Beach by Code Compliance Board Case No. 00- 2790, currently has a lien against Lot 3 of Boynton Industrial Park; and WHEREAS. Boynton Industrial Park Associates has a pending sale on Lot 9, Boynton Industrial Park and has requested a partial. Release of Lien for Lot 9. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 'HE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing Whereas clauses are true and correct and are now ratified nd confirmed by the City Commission. Section 2. The Mayor and City Clerk are hereby authorized and directed to execute a Partial Release of Lien for Lot 9 of Boynton Industrial Park, and is attached hereto as Exhibit Section 2. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of February, 2002. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner CiW Clerk Cah-eso~agreemenrs Part/al Release of Lien Boynton lnd Lot 9 RESOLUTION EXHIBIT THIS INSTRUMENT PREPARED BY: James A. Cherof. City Aaomey City of Boynton Beach P.O Box 310 Boyaton Beach, Florida 33425 PARTIAL RELEASE OF LIEN IGNOW ALL MEN BY THESE PRESENTS: That the CITY OF BOYNTON BEACH. holder of a certain Lien filed by the CITY OF BOYNTON BEACH, agathst the property described below in Palm Beach County, Florida. alleged to be owned by Boynton Industrial Park Associates. CEB NO. 00-2790 recorded in ORB 12862 Page 228. August 30. 2001, Public Records of Palm Beach Counw, Florida, to wit: BOY2qTON BEACH INDUSTRIAL P~ NORTH, LOT 9, according ro the ~l~t theieof as recorded in ORB 09984 PAGE 1906, of the Public Records of Palm Beach County, Florida PC'N: 084-3-45-20-20-000-0090 Address: West Industrial Ave., Boynton Beach, Florida does hereby release of said Lien as To the above described property only. CITY OF BOYNTON BEACH, FLORIDA Witness BY: (Print Name ~ Witness (Print Name) Gerald Broenlng, Mayor Attest: City Clerk STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH ) BEFORE ME, the undersigned authority, personally appeared GERALD BROENING, as authorized representative of the City of Boynton Beactk Florida. who is personally known to me or has produced as identification and who did (did not/ take an oath, and he acknowledgedZto and before me that he executed the foregoing instrument for the purposes therein expressed, pursuant m due authority. 'WITNESS. my hand and official seal this day of February, 2002. NOTARY PUBLIC My Commission Expires: (Official City Seal) the Law Offices of Mothy, FLANIGAN RAYMOND P.A. Via Facsimile and U.S. Mail POST OFFICE BOX 3888 (Z~P 33402-3888) 625 NORTh FLAGLER DRIVE. 9Tn FLOOR WEST PALM BEACh, FLORIDA 334014025 TELEPHONE (561) 659-7500 FACSIMILE (561] 659-1789 WRITER'S DIRECT LINE: (561) 822-0335 2002 Januarv l8. 2002 David Tolces, Esquire City Attomey's Office City of Boynton Beach 100 East Boymon Beach Boulevard Boynton Beach, Florida 33425 David Tolces, Esquire Goren Cherof Doody & Ezrol, P.A 3099 East Commercial Boulevard, #200 Ft. Lauderdale, Florida 33088 Boynton Industrial Park Associates Your Case No. 1-3529 Dear David: Thank you very much for your call and for advising me that the item has been placed on the February 5, 2002 City Commission agenda, for consideration of a partial release of Lot 9. We appreciate your assistance. Additionally, i wanted to advise you that om nieerlng with;:i~- eng/neering smff;x5!l take place on Tuesday January 22, 2002 and we plan on having our own engineering consultant and the reports which will be part of our permit application. We are hopeful of remedying any Lot 9 violation shortly. Thanks agaimWewill keep you posted. MSM/mab Enclosures cc: Mr. Scott Blasie (w/eric.) Very truly y%urs, ? ~ Marta M. Suarez-Murias ~ [] 1,lov~mher 20, 2001 [] Deoember lg' 2001 OF 1II. - LEGAL ITEM D.i CITY OF BoYNTON BEACH AGENDA ITEM REQUEST FOl w Date Final ~ orm Must be Turned in to Ci Clerk's Office_ November 7, 20015:00 p.mO November 21. 2001 5:00 p.m.) December 5, 2001 tS:00 p.rn.) December 19, 2001 5:00 p.m.) Requested C~ty Corarmssion Meeuna Dates [] lanuary 15. 2002 [] Febraary 5. 2002 [] February 19, 2002 [] March 5, 2002 Date Final Form Must be Turned Jomuary 3. 2002 (5:00 p.m.) January [6, 20025:00 p.m.) February 6, 2002 (5:00 p.m.) Febraary 20, 2002 (5:00 p.m.) [] Development plans [] Administrative [] New Business [] Consent Agenda [] Legal [] Public lteatmg [] Unfinished Business [] Bids [] presentation [] City Manager's Repor~ Richard P. Pravato, Esq., Wolf & Pravato, P.A. ' coUNSEL: p errs Jr., Esq., Roberts & Reynolds, P.A. - ~ o~ Citi~Flor~ CoUNSEL: . Ge.o~rge~ ·RiskR°b Managemetu"'ne"artmentfr°m : Defense Counsel is asstgnea oy me Insurance Trust list of approved counsel,) the mediated settlement with Plaintiff in the mount o£ $7,000. bet41998, Plaintiffwaspassenge~ in vehicle traveling n°"rt~ °~n'C?ngress~°~mrn wes~ Road. ' vehicle and proceeded into intersection on a will testify that City Police vehicle failed t° rake n°nce °f mmm~ictin- er There is con g testim°ny c°nceming the City P°lice- Plaintiffs · - intiff's vehicle caUsing tt t~ r~ll ov ~ --~-=1 expenses in the amount of $26,>86. striking Pla ,'-~ Plaintiff manrret~ m~ .... r atilizing emergency response ugm=. -Settlement was agreed to contingent upon City Commission approval. demand at medianon was Seulement of this nature is part of the ongoing responsibilities of the Risk Management Dept. ment w~ll be charged to the Risk Management DeparUnent lqudget expenses. S' Failure to approve semem~ . ~, ~ ~+o ~e estimated at ~l~,uqu tu °~ ' ' aAt~ 101XO,,000 to $35,000. Additional de fanse mat ~ega~ ~ Deparmaent Name oynton Beach, Florida DEPARTMENT TO: Kurt Bressner City Manager THRU: W/Iff'ed Hawk/ns Ass/sram City Manager FROM: Charles J. Magaz/ne Risk Manager DATE: January 4, 2002 SUBJECT: Tiffany Vassaiotti v. City of Boynton Beach Risk Management recommeads the m the above stared manner, the: ~X Settlement_ Judgement RESERVES_: Indemnity: $ 25.000 Expenses: $ 23.000 Demand: Original: $100.000 Final: $ 12,000 Offer: Original: $ 2.000 Final: NO~-~: This settlement is the compromise ora claim for damages.~ ~ ~ing therefrom. _ any way, as au admission of liabilffg or re onsibililY for any damages or injuries resulting therefrom. Current Adjustment Fees: $ 775 Current Legal Fees: $10.920 IF NOT SETTLED Projected Legal Fees: $ 15-25,000 Projected Jnry VerdieE CurrentAdjustment Fees: $ Current Legal Fees: CASE NARRATIVE: On November 4, 1998, Plaintiff was passenger in vekicle traveling north on Congress to turn west onto. Old. Boynton. iR°ad'. . The City. P°liceVveh/cle.~: . was travelin~. . south, on Congress. Veh/cles colhded m mter~ectmn Witnesses ~]11 testify that C. jty Poh?.veh/cle. fa. al,ed to t .ake notice ofturning vehicleT~a~,er.e !.s~ .o flic lng testimony concem~and proceeded into intersectaon on a yellow light, stnk/ng Plmntlff' s vehicle causing it to roll riamn~tmnctwrtedmedicale:~]~ense~-i~n,gtheC~ty P°hcevehicleufihz/ngemergenc res mediation was ¢~ an ,~n,, ~ ~ P s in me amount of $26 38~ m~:_,.~7~ . . Y ponse ,--,-,,,uuu. ~ettlement w~ .... .~ , . , ~'. ~t ~oa~ltllI songmaldemand Cjm/ClaimautrVassalomTO2.do¢ ~', -,~,,,~u to contingent upon C~ty Commission approval,at MF_MOt"~.NDUM OF sETfLEMENT :TH~S CAUSE, having peen suE)miffed to rnedtatton betofe GEORGE B. pOMEROY, Meala~or, upon me above-S~/~ea CoUr~ and/Or stipulation he.eeo the oat~les, it is hereby stlpu~ed and agreea said: parties tha~ sefflem, ent nas ~-=~en reached as toilows:. ,¸I ~.~day of ' - - ~ ' - '" ~ this Requested City Commission Meetin~ Date~ [] Novernber20. 2001 [] December4. 2001 [] December 18. 200t [] January 2, 2002 XII. - LEGAL CITY OF BOYNTON BEACH ' ITEM D. 2 AGENDA ITEM REQUEST FORM Date Final Form Mus~ be Turned ~_n to City Clerk's Office November 7, 200I (5:00 p.m November 2I. 2001 5:00 p.m.j December 5, 200I (5:00 p.m. December 19, 2001 '5:00 p.m. Requested City Commission _Meetm~ Da~_s [] January 15,2002 [] February 5, 2002 [] February 19,2002 [] March 5, 2002 Date Final Foma Must be Fumed Lnm City Clerk's O ft]c=e 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 [] Consent Agenda [] Public Hearing [] Bids ] Announcement [] City Manager's Report [] Development Plans [] New Business [] Legal [] Ual'm/shed Business [] Presentation Nicole Vassalotti v. City of Bovnton Beach r-oc~ _~:v -<- PLAIN I'IFF COU1NSEL: Richard P. Pravaro, Esq., Wolf & Pravaro, P.A. DEFENSE COUNSEL: George P. Roberts Jr., Esq., Roberts & Reynolds, P.A. (NOTE: Defense Counsel is assigned by the Risk Management Department from Municipal Insurance Trust list of approved counseLj the Florida League of CitieC~Florid~: Accept the med/ared settlement with Plaintiff in the amount RECOM3'IENDATION: of $10,000. ~7. --~ EXPLANATION: On November 4, 1998. Plaintiff was driver'tn vehicle' traveling' north on Congress to '~n onto. Old Boynton. Road.. The. City. Police .vehicle. was a'aveling, south on Congress. Vehicles coll/ded in mrersection. -- Witnesses will teslafy that City Pohce vehicle failed to take not,ce of turnthg vehicle and proceeded into hitersection on a yellow light, striking Plaintiff's vehicle causing it to roll over. There is conflicting testimony concerning the City Police vehicle utilizing emergency response lights. Plaintiff incurred medical expenses in the mount of $32,160.50. Plaintif£s original demand ar med/ation was $100,000. Settlement was agreed to contingem upon City Comrmssion approval PROGRAM IMPACT: Settlement of this nature is part of the ongoing responsibilities of the Risk Management Dept. FISCAL IMI'ACT: Seffiemens vail be charged to the Risk Management Deparlment budget expenses. ALTERNATIVES: Failure m approve settlement will resull in ~laim being litigated. Value of this case at thai ~s esl(mated at $20,000 to $45,000. Additional defense thal legal costs are estimated at $15,000 to $25,000. ;/// ~a?an4nt l~e'ad'~g'i~hatuse --City Manager's Signature RISK MANAGEMENT Department Name Clm/Claimaut/Vassalott~N01 .dot S :~BULLETrN~ORMS ~AGENDA ITEM KEQUEST FORM.DOC COMMISSION AGENDA MEMOR-M~rDUM- TO: Kurt Bressner City. Manager THRU: FROM: DATE: SUBJECT: · The City of Boynton Beach, Florida Wilfred Hawkins Assistant City Manager Charles J. Magazine (,';,~F~ Risk Manager / ~ \ Ianuary 16, 2002 Nicole Vassalotti v. City of Boynton Beach RESERVES_: kndenmity: $ 25.000 Expenses: $ 23,000 _Demand: Original: $100,000 Final: $ 20,000 Offer: Original: $ 2,000 Final: $ 10,000 X SETTLEMENT: $ 10,000 ~OTE:anyThiSway,_Settlementas an admtss~~'~''"'~~s the compromise of a claim f°r damages' ~J ~.'~.'tln~ afor .... nv~ .... damages or injuries restdtmg t Current Adjustment Fees: $ 775 Current Legal Fees: $10.920 IF NOT SETTLED Prelected Legal Fees: $ I5-25,000 Projected Jury Verdict: $ 20-45.000 JUDGEMENT: $ CurrentAdjustment Fees: Current Legal Fees: CASE NARRATIVE: to mm west On November 4, 1998, Plaintiffwas passenger in vehicle traveling north on Congress · he Ci Police vehicle was traveling south on Congress. Vehicles onto Old Boynton .Road~.,. f ty., ~-~,ieu that City Police vehicle failed to take notice of mining collided in intersection, w~messes wm t~o-~ ...... vehicle and proceeded imo intersection on a yellow light, striking Plaintiff s vehicle causing it to roil over. There isconflicting testim°ny c°nceming the City P°l[ce vehicle utilizing emergency resp°nse lights. Plaintiffincurred medical expenses inthe mount of $26,386. Plaintiff's original demand at mediation was $100,000. Settlement was agreed to contingent upon City Commission approval. Cjm/Cla~mautYVassalomT02.doc 3~Uat~ 16, 2002 Ssm via ~- (S~U Toll Free (e~l 421~4'/e ~,r~berts & Reynold~ P.A, 470 Co~ Drt~, S~ff~' 1OtC Itl/: N~,~, V..~,~U~. y, City ofBov~m Besch s~/tlem~ in the smom~ of $10,000.00. T~ ndditionnl ~-n]s I~e ~en KC ~"m m ow