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Agenda 06-17-03
i The C ty of ton h 100 E. Boynton Beach Boulevard · (561) 742-6000 City Commission AGENDA JUNE 17, 2003 Gerald Broening Mayor At Large Ronald Weiland Commissioner District I Mack McCray Commissioner District II Vice Mayor District III Commissioner Kurt Bressner Oity Manager www.boynton-beach.org We're Reinventing City Living for the Millennium WELCOME Thank you for attending the City Commission Meeting GENERAL RULES & PROCEDURES FOR PUBL/C PART/CIPA1/ON AT CITY OF BOYNTON BEACH COMMISSION MEE1/NGS THE AGENDA: There is an official agenda for every meeting of the City Commissioners, which determines the order of business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or item of business, which is not listed upon the official agenda, unless a majority of the Commission has first consented to the presentation-for consideration and action. · Con~ent Agenda Items: These are items which the Commission does not need to discuss individually and which are voted on as a group. · Regular Agenda Items: These are items which the Commission will discuss individually in the order listed on the agenda. · Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either a regular voice vote with "Ayes & Nays" or by a roll call vote. SPEAI~NG AT COMMISSION MEET/NGS: The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public Audience, and on any regular agenda item. City Commission meetings are business meetings and, as such, the Commission retains the right to limit discussion on an issue. Comment cards are located on the table by the entry door to the Chambers. Please complete a "Comment by the Public Card" and give it to the City Clerk at the left end of the dais before the "Openings" portion of the meeting. As a general practice, comment cards will not be accepted after presentation of an agenda item has begun. · Public Hearings: Any citizen may speak on an official agenda item under the section entiUed "Public Hearings". · Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of the Commission. Please use the yellow colored card for matters not listed on the agenda. The Mayor will call for speakers by name from the yellow cards provided by the City Clerk. · Regular Agenda Items: Any citizen may speak on any official agenda item(s) listed on the agenda after a motion has been made and properly seconded. Please use the green colored card for matters listed on the agenda. The Mayor will call for speakers by name from the green cards provided by the City Clerk. ADDRESSING THE COMMISSION: When your name is called, please step up to either podium and state, for the record, your name and address. DECORUM: Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission will be barred from further audience before the Commission by the presiding officer, unless permission to continue or again address the Commission is granted by the majority vote of the Commission members present. Please turn off all pagers and cellular phones in the City Commission Chambers while the City Commission Meeting is in session. City Commission meetings are held in the Boynton Beach City Commission Chambers, 100 East Boynton Beach Boulevard, Boynton Beach. All regular meetings are held typically on the first and third Tuesdays of every month, starting at 6:30 p.m. (Please check the Agenda Schedule - some meetings have been moved due to Holidays/Election Day). CITY OF BO YNTON BEA CH REGULAR CITY COMMISSION MEETING AGENDA June 17, 2003 6:30 P.M. I. OPENINGS: A. Call to Order - Mayor Gerald Broening B. Invocation - Rev. Rick Riccardi, Police Chaplain C. Pledge of Allegiance to the Flag led by Vice Mayor Ferguson D. IF YOU WISH TO ADDRESS THE COMMISSION: , FILL OUT THE APPROPR3ATE REQUEST FORM · GIVE rr TO THE CITY CLERK (ON THE DAIS) BEFORE THE "OPENINGS" PORTION OF THE AGENDA HAS BEEN COMPLETED · COME TO THE PODIUM WHEN THE MAYOR CALLS YOUR NAME INDIVIDUALS MAY SPEAK FOR THREE UNINTERRUPTED MINUTES. E. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption II. OTHER: A. Informational Items by Members of the City Commission III. ANNOUNCEMENTS, COMMUNrrY & SPECIAL EVENTS, & PRESENTATIONS: A. Announcements: 1. Notice of cancellation of July 1st City Commission Meeting B.Community and Special Events: 1. Fourth of July festivities C. Presentations: 1. Proclamations: None Agenda Regular City Commission Meeting Boynton Beach, Florida .1une 1.7, 2003 2. Presentation of certificates to Boynton Beach Community High School Baseball Team 3. Presentation by representatives of the Boynton Cultural Centre, [nc. regarding two exceptional honors for Boynton Beach's Schoolhouse Children's Museum a,. Presentation of Certificate of Completion for the 2003 Advanced Institute for Elected Municipal Officials to Commissioner Mack McCray 1V. ADMZN~STRAT/VE: A. Appointments to be made: Appointment Length of Term To 13~ Madq B~ard Exoiration Date III Ferguson Advisory. Bd on Children & Youth Alt I yr term to 4/04 Tabled (3) 13/ McKoy Advisory Bd on Children & Youth Stu/NonVoflng 1 yr term to 4/04 Tabled (3) 13/ McKoy Bldg. Bd of Adj & Appeals Alt I yr term to 4/04 [V McKoy Cemetery Board Alt 1 yr term to e/04 T:[! Ferguson Cemetery Board Reg 3 yr term to e/06 Tabled (3) Mayor Broening Education Advisory Board Alt I yr term to e/04 Tabled (3) IT! Ferguson Education Advisory Board Stu 1 yr term to e/04 Tabled (3) Mayor Broening Golf Course Advisory Committee Reg 5 yr term to 6/08 Tabled (2) 13/ McKoy Ubrary Board Reg 3 yr term to e/C)6 Tabled (2) ! Weiland Nuisance Abatement Board Reg 2 yr term to e/05 Tabled (3) !! McCray Nuisance Abatement Board Reg 2 yr term to e/05 Tabled (3) ![! Ferguson Nuisance Abatement Board Reg 2 yr term to e/05 Tabled (3) ! Weiland Senior ~xJvisory Board Alt 1 yr term to e/04 Tabled (2) V. CONSENT AGENDA: Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. Minutes: 1. Agenda Preview Conference of .lune 2, 2003 2. Regular City Commission Meeting of .lune 3, 2003 2 Agenda Regular City Commission Meeting Boynton Beach, Florida June 17, 2003 B. Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2002-2003 Adopted Budget 1. Approve purchase of a Wireless Data System from various vendors for the Police Department, with a total cost of $83,222.71 2. Award "THE PURCHASE OF ONE NEW AND UNUSED 125 KW PORTABLE GENERATOR TO INCLUDE A TRAILER," Bid #053-2821-03/.1A to CJ's SALES AND SERVZCES of Ocala, Rorida, in the amount of $29,824 3. Award "ANNUAL RE-BID FOR SUPPLY OF PVC SCHEDULE 40/80 [RRZGATZON SUPPLIES," Bid #048-1412-03/.1A to various vendors, as per staff's recommendation, with an estimated expenditure of $40,000 4. Award the '~'HREE YEAR CONTRACT FOR FINANC/AL AUDI'I'[NG SERVZCES," RFP#061-1410-03/C]D to CALER, OONTEN, LEV[NE, DRUKER, PORTER &VETL, P.A. of West Palm Beach, Rodda, for the fiscal years ended 9/30/03, 9/30/0~, and 9/30/05 (Proposed Resolution No, R03-094) 5. Award "RE-SEAL ROOF OF WEST WTNG OF CI-I'Y HALL COMPLEX," Bid #050-2511-03/CJD to PREVENTA'i'[VE MAINTENANCE SUPPORT SERVZCES, INC. of Boca Raton, Flodda, in the amount of $15,995 (Proposed Resolution No. R03-095) C. Resolutions: 1. Proposed Resolution No. R03-096 Re: Proposal for the distribution of the 9-1-1 funds for Dispatcher salades 2. Proposed Resolution No. R03-097 Re: Full release of surety covering the potable water system for the project known as Gale ]:ndustdes at Lot 50B Quantum Park, and returning the cash surety of $9,669 to the developer 3. Proposed Resolution No. R03-098 Re: Approval of Task Order No. 01-16 in the amount of $143,000 to Camp Dresser & McKee Inc. (CDM) for engineering services for the finalization of design drawings, permitting, and bidding and construction phase services for the Downtown Watershed Stormwater Tmprovements-Phase 2 of 3, Area 1 (Railroad Avenue, Phase 1 of 2) project 4. Proposed Resolution No. R03-099 Re: Approval of Task Order No. 01-17 to Camp Dresser & McKee Inc. (CDM) in the amount of $195,000 for engineering services for minor design modifications/additions and for construction phase services for the INCA 3 Agenda Regular City Commission MeeUng Boynton Beach, Florida .lune 17, 2003 Stormwater Management Improvements and Water Main Replacement Project (formerly referred to as the NE 7~ Street and NE 10~ Avenue project) 5. Proposed ResoluUon No, R03-100 Re: Approval of Task Order No. 27 to CH2M Hill, [nc. in the amount of $2,~,875 for force main design services, permitting, bidding and construction phase services necessary to expand the scope of work for Pump Station No. 317 ]:mprovements project 6. Proposed Resolution No, R03-101 Re: Fuji release of surety covering the water and wastewater system for the B3's project, and returning the cash surety of $7,882 to the developer 7. Proposed Resoluflon No. R03-102 Re: Approval of Work Authorization No. 2 to CH2M Hill for architectural and engineering services pertaining to Rre Station No. a~, in the amount of $202,285 8. Proposed ResoluUon No. R03-103 Re: Approval of Work Authorization No. 1 to CH2M Hill for architectural and engineering services pertaining to Fire Station No. 2, in the amount of $296,059 9. Proposed Resolution No. R03-104 Re: Approval of Letter of Credit in the amount of $25,0,t7 for restoration purposes for the Quantum Park Townhomes East and West development (plat has been recorded) 10. Proposed ResoluUon No. R03-105 Re: Retaining South Technical High School (South Tech) in Boynton Beach and recommending it be approved as a conversion charter school 11. Proposed ResoluUon No. R03-106 Re: Approval of Memorandum of Understanding between the City of Boynton Beach and the Palm Beach County Police Benevolent Association (PBA) to clarify and modify provisions of the current Collective Bargaining Agreement, amending Article 8 (Vacancies) and Article 22 (Training) 12. Propo~M Resolution No, R03-107 Re: Release of two cash bonds ($5,500 and $2,080) to Vitcar Consulting Co., ]:nc., for the project known as Medical Arts Professional Center, Ltd. D. Ratification of Planning & Development Board Action: None Agenda Regular City Commission Meeting Boynton Beach, Florida June 17, 2003 E. Ratification of CRA Action: 1. Boynton frills (ZNCV 03-005), NW 3~ Court - 1) Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.D.2.a, requiring a minimum lot area of 7,500 square feet to allow a variance of 3,121 square feet, resulting in a lot area of 4,379 square feet within the R-1-A single family zoning district; and 2) request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.O.2.a, requiring a 25 foot front yard setback to allow a 5 foot variance, resulting in a 20 foot front yard setback within the R-1-A single family zoning district; and 3) request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.D.2.a, requiring a 25-foot rear yard setback to allow a 12.5 foot variance, resulting in a 12.5 foot rear yard setback within the R-1-A single family zoning district F. Approve negotiated renewal premium for 2003-2004 Health Insurance coverage with Blue Cross/Blue Shield of Rorida for the same cost as 2002-2003 (no premium increase) G. Authorize the Mayor and City Clerk to sign the proposed record plat titled BOYNTON BEACH WOOLBR[GHT PARCEL on behalf of the City as the dedicator of the plat V~. CODE COMPI.~ANCE & LEGAL SETrLEMENTS: A. Authorize a court ordered mediation settlement with Christina Bandieramonte, Plaintiff, in the amount of $6,900 (initial demand at mediation was $25,000) PUBLIC AUDIENCE: INDIVIDUAL SPEAKERS WILL BE L~MTrED TO 3-HINUTE PRESENTATIONS VZZZ. PUBI. ZC HEARZNG: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMA'TS A. Project: Club Ovation (COUS 03-002) ~7'ABLED ON 5/20/03,) Agent: Randy Grinter Owner: Randy Grinter, Tommy Pauletti, Tommy Kansler Location: 3637 South Federal Highway Description: Request for Conditional Use approval to allow athletic competitions in a C-3 zoning district B. Project: DiLorenzo Abandonment (ABAN 03-002) Agent: Beril Kruger, Planning and Zoning Consultants Owner: Nicholas and Carmela DiLorenzo Location: 902 N. Federal Highway 5 Agenda Regular City Commission Meeting Boynton Beach, Florida June 17, 2003 Description: Request for abandonment of the 20-foot wide alley lying east of and adjacent to lots 24, 25, and 26, Bock 4, Lake Addition to Boynton, and the replacement with a utility easement ]3(. CTrY MANAGER'S REPORT: A. Discussion of Marina Development Agreement (TABLED ON $/20/03) B. Intentionally left: blank C. Review of Annexation Enclaves D. Review of City Bidding Procedures E. Review and Discussion of Proposed City Commission Capital Project Priority Usting (Proposed Resolution No. R03-108) X, FUTURE AGENDA TrEMS: A. Resolution approving the City of Boynton Beach One Year CDBG Action Plan (.]uly 15, 2003) B. Public Hearing on the Section 108 Loan Application for the Heart of Boynton Community Redevelopment Project (.luly 15, 2003) C. Budget Discussion Workshops (July 15, 16 and 17, 2003) D. Discussion of Land Purchase for NE Fire Station (July 15, 2003) E. Proposed Lease Agreement with Beynton Woman's Club (July 15, 2003) F. Grant franchise agreement extension for Boynton Transit Advertising (July 15, 2003) G. Proposed Modifications to City Personnel Policy Manual - Annual Update (August 5, 2003) H. Annual Update of City Pay Classification Plan (August 5, 2003) Follow-up Meeting with CRA on Development ~ssues (August 2003) .1. Workshop Regarding Cemetery Options and Proposal by Cemetery Board to Expand Cemetery West into Uttle League Park (Summer 2003) K. First Budget Heating (September 9, 2003) L. Second Budget Hearing (September 16, 2003) 6 Agenda Regular City Commission Heeting Boynton Beach, Florida ,lune 17, 2003 M. Approve Community Development Block Grant (CDBG) Sub-Grantee Agreement with 3uvenile Transition Center, Inc. of Boynton Beach in the amount of $7,500 (Proposed Resolution No. R03- ) · XI. NEW BUSZNESS: None LEGAL: A. Ordinances- 2n* Reading - PUBLIC HEAR]:NG 1. Proposed Ordinance No. 03-019 Re: Amending the land use designation of property located at the southwest comer of Ocean Avenue and U.S. 1 from Mixed Use (MX) to Mixed Use Core (MXC) - The Arches 2. Proposed Ordinance No. 03-020 Re: Rezoning a parcel of land from Central Business District (CBD) to Mixed Use-High Intensity (MU-H) - The Arches 3. Proposed Ordinance No. 03-021 Re: Abandonment of a portion of a 20-foot wide alley, located between S. Federal Highway and S.E. a? Street - The Arches 4. Proposed Ordinance No. 03-022 Re: Amending the land use designation of property located at the north side of Woolbdght Road, approximately 500 feet west of Congress Avenue from Low Density Residential (LDR) to Public & Pdvate Govemment/[nstitutional (PPG1) - Rre Station 5. Proposed Ordinance No. 03-023 Re: Rezoning a parcel of land from Planned Unit Development* (PUD) to Public Usage (PU) - Fire Station 6. Proposed Ordinance No, 03-024 Re: Establishing procedures for confirmation of qualifications of advisory board members 7. Proposed Ordinance No. 03-025 Re: Amending Section 13- 20 of the Code of Ordinances regarding Special Event Permits 8. Proposed Ordinance No. 03-026 Re: Amending the land use designation of property located at South Seacrest Boulevard, known as Seacrest Scrub, from Recreational (R) to Conservation (CON) 9. Proposed Ordinance No. 03-027 Re: Amending the land use designation of property located at the northwest corner of N. 7 Agenda Regular City Commission Heeting Boynton Beach, Florida .June 17, 2003 Seacrest Boulevard and Miner Road, known as Rosemary Scrub, from RecreaUonal {R) to Conservation ([CON) Proposed Ordinance No. 03-028 Re: Amending the land use designation of property located at the southeast comer of S. Congress Avenue and SW 35~ Avenue ([Arbolata Townhomes) from Industrial (T) to High Density Residential (HOR) 11. Proposed Ordinance No. 03-029 Re: Rezoning a parcel of land from M-1 Industrial to Planned Unit Development (PUD) - Arbolata Townhomes 12. Proposed Ordinance No. 03-030 Re: Amending the land use designation of property located on the east side of Federal Highway between Ocean Avenue and NE 4~ Avenue from Mixed Use (MX) to Mixed Use-Core (MX.C) 13. Proposed Ordinance No. 03-031 Re: Amending the land use designation of property located at the northwest comer of Federal Highway and Woolbright Road from Local Retail* Commercial (LRC) to Mixed Use (MX) - Beachside at Boynton 14. Proposed Ordinance No. 03-032 Re: Rezoning of property located at the northwest comer of Federal Highway and Wooibright Road from Community Commercial ([C-3) to Mixed Use-Low Intensity (MU-L) - Beachside at Boynton 15. Proposed Ordinance No. 03-033 Re: Updating Objective and Policies regarding residential developments in the Coastal High Hazard Area; modifying the definitions of the land use designations; adding intensity standards to ail non-residential definitions; adding a Conservation land use; and requiring an update of the Problems and Opportunities section of the support documents by 2004 16. Proposed Ordinance No. 03-034 Re: Amending the Land Development Regulations, Chapter 1, Article IT. Definitions, "Building Height,' to require the base measurement be from an adjacent property or the minimum flood elevation, to change the peak point of measurement for parapet roofs, and to add a reference to the height exception process B. Ordinances- 1; Reading None 8 Agenda Regular City Commission Meeting Boynton Beach, Florida June 17, 2003 C. Resolutions: None D. Other: None XZZZ. UNFiNZSHED BUSZNESS: None )CIV. AD2OURNHENT: NOT[CE IF A PERSON DEC~DES TO APPEAL ANY DECISION MADE BY THE CTTY COMMLSSION WTrl-I RESPECT TO ANY MAi/r.K CONSIDERED AT THLS MEET'lNGt HE/SHE WILL NEED A RECORD OF THE PROCEEDING~ ANDt FOR SUCH PURPOSEv HE/SHE MAY NEEO TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE~ WHIC~I RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL [S TO BE BASED. (F.s. 286.0105) THE OTY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECE'__S_e, ARY TO AFFORD AN INDMDUAL WlTH A OISABILITY AN EQUAL OPPORTUNITY TO PARTIC/PATE IN AND EN3OY THE BENEFITS OF A SERVICE~ PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT ]OYCE COSTELLO~ (S~1) 742-6013 AT tcd~r TWe~-FOUR HOURS PP. ZO~ TO mE P~OOF. m OR ~cnvrrr ~N Omar FO~ THe bcd FINAL AGENDA 6/16/2003 5:06 PM S:\CC~W~CCAGENDA~GENDAb'~YEAR 20CL~061703 F~a~ 9 O D't'.-ANNOUNCEMENTS & PRESENTATIONS CITY OF BOYNTON BEA( Item C.2 AGENDA ITEM REQUEST -- ,, . Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Mus~ 'l'ufi~ Meetin~ Dates - in to City Clerk's Office Meeting Dates in to City Clerk's ~ffice-~{::O [] April 1, 2003 March 17, 2003 (Noon.) [] June 3, 2003 May 19, 2003 (Noon) [] April 15, 2003 March 31, 2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) [] May 6, 2003 April 14, 2003 (Noon) [] July 1, 2003 June 16, 2003 (Noon) [] May 20, 2003 May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA 1TEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Presentation of certificates to Boynton Beach Community High School Baseball Team EXPLANATION: The Boynton Beach Community High School Baseball Team played their way to be District Champs, Regional Champs and State Final Four with 27 wins and 7 losses. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A Department Head's Signature City Manager's Signature Department Name City Attorney / Finance / Human Resources S:\BULLETINLFORMSXAGENDA ITEM REQUEST FORM.DOC tl~Z.-ANNOUNCEIHENTS & PRESENTATIONS ~.~ Item C.3 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FOI~JuN-2 PH 3:13 R~ City Ceemdmiee Date Fimi Form Mint be Tamed Re~C~ ~ Date Fired Fena Mint be Turned i~ Meetimz Datm - in to City Clerk's Office Meetimz Datm to CRv Clegk's Or,ce [] Alx'il 15,2003 March31,200S(Nooa) [] June 17,2003 June 2, 2003 (Noon) [~ May6, 2003 April 14, 2003 (Noee) [] /uly 1, 2003 Jun~ 16, 2003 (Noon) [] May 20, 2003 May 5, 2003 (No~0 [] July 15, 2003 Juno 30, 2003 (N~) [] Administrative [] Legal NATUI~ OF [] Announcement ' [] New Business AGENDA rl~M ['-! City l~nnngex's Report [] Preaenlation [] Consent Agenda [] Public Hearing RKCOMbI~NDATION: Allow Representatives of the Boynton Cultural Centre, Inc. to announce news of two exceptional honors for Boynton Beach's Schoolhouse Children's Museum: KXPLANATION: 1. Notification of first place in South Florida Parenting's tri-county Kid's Crown Award voted best children's museum among family outings. South Florida Science Museum received honorable mention in this category. Past recipients of this award include the Norton Museum, Boca Art Museum and the Cartoon Museum. 2. Passed AAA's anonymous site visitation and standards check to qualify for listing in their 2004 Florida destination travel directory coming out this December. PROGRAM IMPACT: The Schoolhouse Children's Museum continues to bring recognition to the city's downtown as a destination point in South Florida. FISCAL iMPACT: Potential attraction of additional visitors to the Museum and to our downtown. ALTERNATIVES: Not announce the two honors at a Commission me~mg ~tm~nta~'~ si.s~au~ ' '- CityMa~a~'s Si~aatur~ Department Name City Allorney / Finance / Hunmn Resources S:~BULLET13~FORMS~GENDA ITEM REQUEST FORM. IXX2 t'ZZ.-ANNOUNCEMENTS & PRESENTAT/ONS Item C.4 CITY OF BOYNTON BEAC AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting DateS - in to City Clerk's Office Meeting Dates in to City Clerk's Office [] April l, 2003 March 17, 2003 (Noon.) [] June 3, 2003 May 19, 2003 (Noon) [] April 15, 2003 March 31, 2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) [] May 6, 2003 April 14, 2003 (Noon) [] July 1,2003 June 16, 2003 (Noon) [] May 20, 2003 May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon) [] Administrative [] Legal NATURE OF [] Announcemem [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Presentation of Certificate of Completion for the 2003 Advanced Institute for Elected Municipal Officials to Commissioner Mack McCray. EXPLANATION: Commissioner McCray participated in an advanced training program for elected municipal officials in March 2003. The Florida League of Cities and the Florida Institute of Government sponsor the Advanced Institute, which is a two-day intensive program for both newly elected and veteran city officials. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A ~ Department Head's Signature City Manager's Signature Department Name City Attorney / Finance / Human Resources S2BULLETINWORMS~AGENDA ITEM REQUEST FORM.DOC Fl6noa UNIVERSITY Florida Institute of Government Dr. Robert Bradley, Ch_air . Dr. John Scott Dailey, Executive Director Jeff H~ndry, Assistant Director Honorable Reubin Askew, Senior Fellow May 20, 2003 Commissioner Mack McCray City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, FL 33425 Dear Commissioner McCray: On behalf of the Florida Institute of Government and the Florida League of Cities, I am pleased to award this certificate to you for the completion of the Advanced Institute for Elected Municipal Officials. We hope that you found the program challenging and worthwhile. We encourage you to take advantage of other training oppommities through the League and the Institute of Government. In the event you receive public questions about the Advanced Institute we've enclosed a sample press release that might be helpful. We strongly believe that your attendance at the Advanced Institute is indicative of your continued commitment to improving the quality of municipal government in Florida. If we may be of assistance in the future, please do not hesitate to call upon us. Sincerely, Jeff Hendry i Assistant Director enclosure Woodcrest Office Park · 325 John Knox Road · Bldg. 300, Suite 301 EC · Tallahassee, FL 32303 (850) 487-1870 · FAX (850) 487-0041 · SUNCOM 277-1870 Sample Press Release for Advanced Institute Participants Contact at City Hall: For immedia~ release (n~me anti.umber) The Hon. __ (title and name) of ~ (city, town or village) participated in an advanced tr~ning program for elected mumczPal official in __ (city) on (dat~). The Advanced InstRute for Elec~:~ Municipal Officials, sponsored by Se Florida L~ague of Ci~ies and the Florida h~stitute o£Governm~t, is a t~.vo-day intensive pm~ram for boLh newly elected md v~ceran city officials. The program's agenda included sessions on the following topics: "Decision-making Models for Councils aud Working with the Media;:' "Creative Financing;" "Understanding Growth Management in Florida;" and "BuildLu$ Your City's Team: Labor and Personnel Issues," The Advanced program was designed as a second session to the basic program, which is called the hasl~te for Elected Mumcipal Officials. To a~crtd the Advanced, participants must have graduated firom the basic or have been Ln o£f~ce at least one term. Classes are limited to ~0 ps~icipauts fi-om municipalities ~hroug~ou~ ~¢ state. (~ser~ quote from participant about benefits received throuEh participation). participants receive a crrtificate for compleliou Of~Le program. Speakers are provided ~t~ough the Leasue ~d Institute of Gov~'nment. For more information about the program, please ¢ont~c~ the facilitator, Lynn Tiptou, at the Florid~ League of Cities ac (850) 2P.~.-9684. TOT~U ~.01 Florida Institute of Government Dr. Robert Bradley, Chair Dr. John Scott Dailey,_'Executive Director Jeff Hendry, Assistant Director Honorable Reubin Askew, Senior Fellow May 20, 2003 Janet Prainito City Clerk City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, FL 33425 Dear Ms. Prainito: Enclosed is a Certificate of Completion to be awarded to Commissioner Mack McCray. This certificate is for the completion of the Advanced Institute for Elected Municipal Officials. We ask that this presentation be included as an agenda item for your next council/commission meeting and be formally recorded in the minutes. We believe the importance of this accomplishment should be known to key officials and to the community. Thank you so much for your cooperation on this. If you have any questions, please call me or Kathy Sittig at (850) 487-1870. Sincerely, JeffHendry Assistant Director enclosure Woodcrest Office Park · 325 John Knox Road · Bldg. 300, Suite 301 EC · Tallahassee, FL 32303 (850) 487-1870 · FAX (850) 487-0041 · SUNCOM 277-1870 V.-CONSENT AGENDA CITY OF BOYNTON BEAC ITEM B.1 AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meetine Dates ' in to City Clerk's Office Meeting Dates in to City Clerk's Office [] April 1, 2003 March 17, 2003 (Noon.) June 3, 2003 May 19, 2003 (Noon) [] April 15, 2003 March 31, 2003 (Noon) ~ June 17, 2003 June 2, 2003 (Noon) [] May 6, 2003 April 14, 2003 (Noon) [] July 1, 2003 June 16, 2003 (Noon) [] May 20, 2003 May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Motion to approve the purchase of a Wireless Data System for the Police Department. The total system will be purchased from various vendors. BellSouth T 1 line, hardware and maintenance totaling $26,582.71, Government Technology Services mobile equipment for the Patrol Cars totaling $22,040.00. Verizon Wireless Airtime totaling $28,800.00 and Communication Services of South Florida installation cost totaling $5,800.00. The total system cost is $83,222.71. EXPLANATION: This system replaces the existing Mobile Data system, allowing for report submission, mugshot retrieval, fingerprint identification retrieval, and enhanced Computer Aided Dispatch (CAD) functions from the Patrol Car. Other potential uses for this system include Traffic Ticket submission, Mapping of active calls, and Automatic Vehicle Location system. PROGRAM IMPACT: This will allow quicker access to information, and allow the officer to spend more time in their Patrol Zone and less time at the Police Station retrieving information. FISCAL IMPACT: Funding will be in Federal Forteiture account 691-0000-247-04-23 Government Technology Services $22,040.00 BellSouth Communications $26,582.71 Verizon Wireless $28,800.00 Communication Services of South Florida Inc. $5,800.00 Total Expenditures $83,222.71 ALTERNATIVES: Continue along with~,existin~'~le Data system which is not capable of perform, i,'~g the ab~ove mentioned features. ~/~/ep~e~ ~t He~ City Manager's Signature l~epartment Name City Attorney / Finance / Human Resources S:'~BULLETIN~FORMS'~AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH, FLORIDA INTER-OFFICE MEMORANDUM TO: Kurt Bressner, DATE: May 28, 2003 FILE: City Manager SUBJECT: Wireless Data System FROM: Marshall B. Gage, REFERENCES: Chief of Police ENCLOSURES: The following additional information is provided as a supplement to the staff report submitted with the agenda item re wireless data: The current Aether - Packet Cluster system utilized by the department facilitates the exchange of CAD information between dispatch and the field units while providing access to law enforcement data bases for the purpose of verifying vehicle registration and personal information. The Wireless Data System for which we seek approval will provide the aforementioned services and also fill a void in our records management system that will enable field units to write, approve and submit reports directly into the departmental data base without the delay caused by writing to and printing from floppy discs. Additional enhancements include an automated traffic citation system and interface with our automated fingerprint system that will facilitate the transmission of fingerprint and mug shot images between the Records Division and the field units. The new system will cost approximately $38,740.00 to operate and maintain (annually) compared to approximately $34,000.00, which we spend to operate the current system. Additionally, the new system features unlimited interoperability since it is internet based - meaning the signal between field units and the CAD/RMS system first goes to the iritemet and t hen "tunnels" v ia Virtual Private Network t o t he police department. T his would allow o ur sy stem t o operate with any Intemet based system while providing maximum security to our data. Since most CAD/RMS modules now being developed for law enforcement use are Internet based, interoperability is inherent in this system. The current system that we are using cannot be modified to accommodate the upgrades that we will realize with the new system. Once the system is approved for purchase, installation of the new hardware, soft-ware and T-1 line will take approximately 60 days. There is also an upgrade to the CAD system that has already been purchased but not yet installed that will enhance the ability of the dispatchers to process information utilizing a "point and click" format as opposed to the present text based format. CITY OF BOYNTON BEACH, FLORIDA INTER-OFFICE MEMORANDUM TO: Chief Gage DATE: 02/26/2003 SUBJECT: Wireless Data Proposal ~ROM: Doug Solomon REFERENCES: ENCLOSUKES: Technical Services has-met with all necessary parties and now has enough information to propose the following Wireless Data system for our Road Patrol Units. This system would replace our Motorola RF system. The system we are proposing is a Verizon Wireless Express Network. This system would dramatically increase the speed of data transmission experienced by officers on the road and allow for the following applications to be run from the Patrol Cars: · Report submission · Image transmission · Web Based Applications including E-Mail This system will also set the groundwork for future information sharing applications with other departments, including Palm Beach County Sheriff and Clerk of the Courts. Hardware Installation To implement this system, the following hardware would be installed. 1. Motorola RF Modems currently installed in the vehicles would be replaced by BlueTree® CDMA Statndard Modems. Installation would include new antennas and power assembly. 2. Installation of a T1 line from BellSouth here in City Hall. 3. Installation of a Cisco switch and a VPN (Virtual Private Network) Concentrator in Technical Services. Software Installation To implement this system, the following software would be installed. 1. Cisco Virtual Private Network client would be installed on every laptop. 2. WebPartner (report submission software from QED) installed on every laptop. How It Will Work Officers will hook up their laptops in the cars just like they do now with Motorola. They will then start up what looks like a standard dial up connection to the Intemet. They will then start the Cisco VPN client, creating a secure 128 bit encrypted "tunnel" to the VPN Concentrator located here in the Police Department. This connection will be assigned an IP address from a specific pool of addresses, and they will be able to access the same network resources they have access to in the station. These IP addresses are entered into our PacJ~et C]uster Message Switch, ~.~.owing them secure access to FCIC/NCIC, as well as the Packet Cluster Patrol Program. In addition to having access to all the features of Packet Cluster they currently have, they will also be able to connect to the Web Partner system. Once connected to 'Web Partner, they will be able to d.o real time report submissic,n. Sergeants will connect the same way and be able to approve and/or reject reports. Once approved, these reports will automatically populate the Records Management System, eliminating the need for man~al entry by Records. A diagram outlining how this works is attached to this memo. What it Costs. Verizon Cost of Verizon Service Per Unit Unlimited Express Network Service $60.00 Monthy $720.00 Annually Cost of Equipment Per Unit (one time charees) BlueTree CDMA Standard Modem $475.00 Dual Band (800/1900 Mhz) Antenna $ 35.00 Power Cable Assembly (10 ft) $ 14.00 Body Mount, TNC Connector $ 27.00 Total Cost Per Unit $551.00 Cost Estimate Based on 40 Units Total Equipment Cost $22,040 Annual Verizon Service for 40 Units $28,800 Total Verizon/Bluetree Costs $50,840 Initial $28,800 Each Year Thereafter BellSouth VPN Hardware Equipment Total (See Attached) $9,570.92 Installation Total $5,959.68 Shipping $ 53.11 Maintenance $1,809.00 Total VPN Cost $17,392.71 T1 Costs Installation Total $1,150.00 Monthly Charges $ 670.00 $8,040.00 Annually Total BellSouth Costs $26,582.71 Initiial $8,040.00 Each Year Thereafter Additional Installation Costs $ 5,800.00 Total Start Up Costs $83,222.71 (includes 1st year charges) Total Annual Costs $36,840.00 · Based on 2 year commitment to Verizon and BellSouth Future Applications Installing this Wireless Data System will put the Boynton Beach Police Department in a favorable position to ;nstall and utilize the following applications. 1. BBPD Intranet This will be an internal website which can be utilized to put out real-time updates of information. For example, when a gated community changes its gate code, the update can be done to the website, instead of changing a Microsoft Word Document and sending that out via email. This intranet can also be used tO publish Policies and Directives, State Statutes, BOLO' s, Warrant Lists, and all other information that is constantly updated. 2. Mobile Dispatching In next years budget will be a line item to install QED's Mobile Dispatching Software. This will replace the existing Packet Cluster Patrol Software. In addition to saving us $26,000 in maintenance paid to Aether Systems, this software will be completely integrated with our CAD system and have many features we currently do not have. Since the information is derived directly from CAD, Sergeants and Officers will be able to see the status and location of all units on duty, not just the ones' who are logged in. This system will also give the officer detailed information of all past incidents, and expanded car to car messaging capabilities. 3. Web Mail Utilizing Web Mall Capabilities of the City' s E-Mail system, officers will be able to send and receive e-mail. This type of email system has less overhead and thus more suited to Wireless Data. _ 4. Mapping A software package can be loaded on each laptop which contains detailed maps of the City. Working in conjunction with our Mobile Dispatching software, officers will not only be able to see a map of any call they are dispatched to, but they will also be able to click on any active call and retrieve a map displaying the location of the call. This will be available to the Fire Department should they choose to utilize such a system. 5. LiveScan Should the department decide to fund the equipment, Patrol Cars can be equipped with Live Scan thumbprint pads. These prints can then be compared against the fingerprint database in the new Cross Match system for instant identification. 6. Mug Shots Working in conjunction with the Palm Beach County Sheriff's office, we will be able to perform mug shot image searches from the Patrol Cars. 7. Traffic Tickets This system will have the capacity available to send Traffic Citation data to the Clerk of the Court. Notes: 1. One l~ey to this whole proposal is the T1 line from BellSouth. What we are proposing is installation of a new circuit into the city. Currently the city has approximately 14 T1 Circuits coming into the city. These are what are called "full" Tl's, capable of sending information at speeds up to 1.5 Mbps. By compa~'ison, we are only requesting a "fractional" T1, which means we are only using part of the T1 (and only paying for that part). The speed of the line we are proposing is 256 Kbps, which is only 1/6' of a full TI. This speed is more than adequate for our present needs, and still leaves us room to grow. Also, should the situation dictate that we need every unit out there and the system is reaching the maximum bandwidth, it will "burst" to the next level so data do~s not get held up. Of course we will incur a charge for that "burst". 2. Another l~ey is the Virtual Private Networl~ (VPN) from BellSouth. VPN's allow for "tunneling" through the Internet, and takes advantage of high speed internet lines to send secure data. ITS currently has a VPN set up as part of our firewall. Unfortunately this VPN is not useable to us. One reason is that ITS contracts out the firewall and VPN service, including administration to WebUnited. Therefore we neither own the VPN, administrate it, or control who has access and this is not acceptable to FDLE. Also, in order for Officers to be able to have access to FDLE, they must have a unique identifier that FDLE can assign a mnemonic to. WebUnited cannot pass through the identifier nor can they assign a specific IP address to the connection. With the VPN from BellSouth, all administration with respect to user access is controlled by the Police Department, and each connection will be assigned an · address from a predetermined pool of ~ addresses. This meets all requirements from FDLE. 3~ Our timetable for installation for this is to have the system up and running by June 1st, with ong month of testing and training, and a go live of July 1st. BellSouth informs us this is not a problem. While we ar~ waiting for the T1 to be installed, we will install the new modems in the cars so we have them ready when the circuit is live. 4. Once the system is up and running, we still have the Motorola RF system to deal with. It is my recommendation that we turn the system over to Utilities for use with their worl~ order system. ! have had preliminary tail, s with Terry Rowe, Networl~ Administrator for Utilities, and he informs me that the worl~ order system they are lool~ing at is compatible with the Motorola RF system. I also recommend that since this system costs approximately $280,000 initially, that we request some sort of compensation from Utilities, possibly one or two years of the Verizon annual costs. This is something that would need to be worl~ed out between the Police Department, Utilities, and Finance. 5. One troubling aspect of this plan is that we are not guarant~d priority access in the event of emergencies. I have spoken to Verizon about this, and there is no plan to change this. 6. This system will have 128 bit encryption end to end. 7. Because there is no limit to the amount of data we can send, Verizon does not tracl¢ the amount of data sent. n 121 ~ ~ o o o o o o o o ~ ~ ~ ~ H~ o o o o o o o o o o ~ ~ o ~ .o o 0 ~ 0 ~ o o ~ ~ o ~ ~ o ~ 0 H 0 ~ ~ H ~ O~ ~ o o o o o o o o Z ~ H ~ ~ o o o o o o o o ~ ~ ~ 0 ~ggg~~ 0 0 H~O ~0 ~0 ~0 ~0 ~0 o o o o o 0000 ~~ ~ ~ ~ oo ~oo~ ~°° ~oo ~~~~~ ~0 ~O~ZO~ ~Z o o ~ · o 0 o o o Tech Services Requisition Date of Request Date Needed Account Number 5/12/2003 ASAP [~Ill~L~ Communications S~stems ~~ Beach lFlorida 33407 ~ ~Joe Ingarra $0.00 $0.00 $26,582.71 ~tate of Florida Contract Comparison I Comparison 2 Final Quan Description Ea. Total Ea. Total Ea. Total I Maintenance I year $0.00 $0.00 $0.00 $0.00 $1,809.00 $1,809.00 12 TI Line Moothly Charge ($6?0.00/month) $0.00 $0.00 $0.00 $0.00 $670.00 $8,040.00 1 T1 Line Installation $0.00 $0.00 $0.00 $0.00 $1,150.00 $1,150.00 I VPN Hatdwaxe Installation $0.00 $0.00 $0.00 $0.00 $5,959.68 $5,959.68 I VPN Has'dware Shipping $0.00 $0.00 $0.00 $0.00 $53.11 $53.1 l 1 Cisco VPN Client (Unlimited Use~) $0.00 $0.00 $0.00 $0.00 $34.00 $34.00 1 Cisco 3005 VPN Concenlxatm $0.00 $0.00 SO.iX} $0.00 $4,171.72 $4,171.7_2 I Cisco 2600 Rooter $0.00 $0.00 $0.00 $0.00 $5,365.20 $5,365.20 Solomon, Doug From: Ingarra, Joe [Joe.lngarra@bellsouth.com] Sent: Tuesday, March 11,2003 9:08 AM .~;ject: Solomon, Doug RE: State Contract Number Doug, the attached url is the State of Florida Contract for the Cisco equipment we quoted to you. Contract # 250-000-03-1. http://www.myflorida.com/st contracts/250000031/ Joe Ingarra, Solutions Specialist BellSouth Business voice - 561-640-6617 fax - 561-640-6655 email- joe.inqarra@bellsouth.com Voice Equipment Support: 1-800-925-2525 Cisco Smartnet Repair: 1-800-553-2447 Network Repair: 1-800-247-2020 ..... Original Message ..... IFrom: Solomon. Doug [mailto:solomond@ci.boynton-beach.fl.us] Sent: Tuesday, March 11,2003 8:08 AM To: Ingarra, Joe Subject: . State Contract Number Joe, Can you provide a state contract number for BellSouth? If I don't have one, I have to send it out for bid and/or get three quotes. However, if I can show that we are getting state contract pricing, then I don't. Thanks, Doug Solomon Technical Services Manager Boynton Beach Police Department 561-742-6171 'q'he information transmitted is intended only for the person or entity to which it is addressed and may contain confidential, proprietary, and/or privileged material. Any review, retransmission, dissemination or other use of, or taking of any action in reliance upon, this information by persons or entities other than the intended recipient is prohibited. If you received this in error, please contact the sender and delete the material from all computers." ATTACHMENT C BellSouth. Scope of Work and Commumcation Systems Implementation Worksheet Master Date Sales Service BCS Project BCS Sales Team Agreement No. Order Manager 2-16-03 TBD John Challenger Joel Tew / Joe Ingarra Customer: I Installation Location(s): Boynton Beach Police DepartmentI Listed Below 1. Introduction and The intent of this Attachment C is to provide both of the Parties with a clear and concise definition of the work to be Intent undertaken on Customer's behalf by BellSouth. The Parties agree that the Master Agreement, the Data Services and Equipment Addendum (Data Addendum), this Attachment C and any mutually agreed upon Attachments contain the whole understanding of the Equipment and Services ("Work") to be provided for this project. 2. Project Scope BellSouth communication Systems shall provide for the implementation of Internet VPN solution as described in the- Requirements sections below, Services shall include: · Project Management · Site Survey · Network Design Review · System Configuration · Staging · Installation Unless specified otherwise in this SOW, Services shall be performed during normal business hours. Services requested to be performed outside normal business hours are subject to additional charges at BellSouth's prevailing rates for such services. This SOW does not cover additional services such as network audit, network assessment, network design, cabling and consulting. Services may be provisioned by BCS or individuals or organizations employed by or under contract with BCS, at the discretion of BCS, Product Type and ~ Product Type I Quantity Product Qtyt Cisco 2600 series Router[ 1 Cisco 3005 VPN concentrator 1 Cisco VPN CLient 2 installed PC's (license is unlimited) Attachment C, Implementation Worksheet - I - 03.01.01 Not for disclosure without prior written permission BellSouth Proprietary Document Initials Date '3. Project BCS shall provide project management services in accordance with the responsibilities listed below. BCS shall manage Deliverables customer's network implementation by providing implementation management which shall commence with a review of Customer's network design and continue with the preparation of the Implementation plan which details all activities that shall be performed. BCS will test for IP connectivity Between the following sites: Remote PC's Via Intemet connection to Host site VPN 3005 concentrator. Host Site: Boynton Beach Police Department BCS will review and validate collected detail site survey information necessary to successfully install and configure the network product and recommend site-specific facilities and equipment upgrades, if necessary. BCS will complete final staging of all Cisco equipment at customer's final production site. Staging consists of assembly, software loading, configuration and testing of BCS provided equipment. 4, Assumptions and Based on the design provided the following Assumptions / Expectations need to be understood / addressed: Expectations · Authentication is Pre-Shared Keys · The customer will be responsible for the management and configuration of the existing network environment. · All cabling other than that provided with the purchased equipment is the responsibility of the customer. · The customer will be · Discounts incorporated into the initial contract pricing may not be applicable to change orders or additional equipment that is ordered during the life of the project. · Changes and modifications of the equipment order resulting in the return of equipment will be subject to a 15% restocking fee. 5, Customer BellSouth has the following understanding of the customer's requirements requirements · The customer shall be responsible for determining and identifying to BCS any existing data requirements to contend for bandwidth. · BCS understands that a Category 5 cabling infrastructure is in place with proper termination outlets. - · BCS understands that the customer will provide required power and grounding electrical sen/ice, including any UPS or battery backup equipment. · Provisioning of equipment racks or shelves to accommodate equipment installation is the responsibility of the customer. · All Customer Supplied Hardware is to be provided to BCS "In Factory Working Order". · Any Major Software Revision upgrades will be installed at customers' expense. Attachment C, Implementation Worksheet - 2 - 03.01.01 BeilSouth Proprieta~ Document Not for disclosure without prior written permission Initials Date 6. Customer's Customer has the following responsibilities: Responsibilities · Project Management · Designate a single point of contact for all project support issues within the scope of this project. Such person shall have the authority to act on all customer aspects of the services. This individual shall be responsible for defining customer requirements, ensuring site readiness and implementing any adds, changes or deletions in equipment and / or facilities for each site pdor to installation. · Ensure that BCS's request for information or documentation needed for this project is delivered within the agreed upon timeframe. · Identify primary and backup customer on-site contacts for all installation sites that shall be accountable to provide any special site access clearance, escort, safety training or information required. The site contact shall interface with other organizations as required. · Notify the BCS Project Manager of any schedule changes made within ten (10) business days of any scheduled activity. · Site Survey · Provide the station locations, IP addressing plan for the proposed solution. · Provide information relative to Customer Provided Equipment, ("CPE"), the phone system model, features, software and hardware releases, available interfaces and specifications, cable distances and routes between the phone system and data equipment · Identify desired product, CPE and station equipment placement; any rack or cabinet layouts; circuit demarcation locations and specifications; PBX/telephony interface requirements and specifications; and system and station features. · Provide building layout, including floor plans, cabling and power locations for all applicable sites. · Mutually schedule with BCS the site survey with each customer site contact. · Network Design Review · Provide existing network diagrams listing existing size, capacity, and data traffic requirements for all current network facilities to be utilized in the solution. · Provide planned network diagrams listing existing size, capacity, utilization, and data traffic requirements for all current network facilities to be utilized in the solution. · Provide a list of users, secudty levels and access privileges · System Configuration · Provide IP addresses, subnet masks and existing DNS and DHCP server configuration information. · Installation · Order, install and test all data and voice circuits prior to the installation date. · Vedfy all distance and interference limitations of interface cables to be used and that all necessary cabling, power and grounding is delivered and installed prior to the installation date. · Provide a voice telephone line, modem and number (near the Cisco product) for use by the installer and to remain active for the length of the project for remote monitoring and configuration. · Install and verify the operation of all CPE not provided by BCS. · Provide a network, and / or cabling technician to be available dudng the network installation and implementation testing to make network changes required to make the data / voice network operational. Attachment C, Implementation Worksheet - 3 - 03.01.01 BellSouth Proprietary Document Not for disclosure without prior written permission Initials Date o ' ' 7. BellSouth's BellSouth has the following responsibilities: Responsibilities · Project Management · Designate a single point of contact for all project support issues within the scope of this project. Such person shall have the authority to act on all BCS aspects of the services. · Participate in regularly scheduled customer project meetings. · Acts as the management contact focal point for project scheduling, coordination, change control, escalation, staging, installation and acceptance activities for the BCS implementation team effort under the SOW. · Jointly develop milestones and the detailed project schedule with customer. · System Configuration · Develop the network plan configurations with input from the customer and / or design team. · 'Develop the implementation-specific network diagram with input from the customer and / or the design team. · Staging · Receive and inventory equipment needed for the solution. · Load and configure Internetworking Operating System (lOS). · Installation · Unpack, inventory and inspect BCS provided equipment at the customer installation site. · Install and connect the equipment to the customer provided facilities at the agreed upon demarcation points. · Troubleshoot and replace hardware failures of new equipment relating to the installation / upgrade of the BCS provided product. · Provide remote technical support for the on-site engineer dudng the installation, migration, cutover and implementation testing. · Verify operation of the installed Routers. 8. Completion and BCS shall notify customer of completion of the installation. Acceptance of the system by BBPD shall occur when ail Acceptance equipment as listed on contract schedule B has been installed, tested, placed into production mode, and has operated substantially in accordance with manufacturer specifications for a period of 5 days, upon which BellSouth will request BBPD to sign the work complete document. Any portion of the equipment that cannot be installed due to factors beyond the control of BellSouth shall not delay acceptance. BBPD BellSouth Communication Systems, LLC By: BellSouth Business Systems, Inc. By: By: Name: Name: Title: Title: Date: Date: Attachment C, Implementation Worksheet 03.01.01 . - 4 - BellSouth Proprieta~ Document Not for disclosure without prior written permission Initials Date ~ ~ ~ "'""'"'"'-'"''-'"' ¢, [ ~ 1,~ Oa om~omom om~m ~ ~oazzzz zz ~ zz ~ zz : ~ ~ ~ ~~ ~ .... z~ ~ ~ ~.- ~ ~ o <o ._ ~ ~EW ~ OOo~C 8~ ~ ~ OVERVIEW Cisco VPN 3000 Series Concentrator A Remote Access VPN Solution Introduction The Cisco VPN 3000 Series Concentrator is The Cisco VPN 3000 Series Concentrator is a available in both non-redundant and redundant family of purpose-built, remote-access Virtual configurations, allowing customers to build the Private Network (VPN) platforms and client most robust, reliable and rust-effective networks software that incorporates high availability, high possible. In addition, advanced muting performance and scalability with the most capabilities, such as OSPF, RIP, and Network advanced encryption and authentication Address Translation (NAT) are available. techniques available today. Product Highlights With the Cisco VPN 3000 Series Concentrator, The Cisco VPN 3000 Seties Concentrator upports customers can take advantage of the latest VPN a wide range of Cisco customer applications in technology to vastly reduce their communications both small- and large-sized enterprise expenditures. Unique to the industry, it is the only network environments. scalable platform to offer field-swappable and customer-upgradeable components. These High-Performance, Distributed-Processing components, called Scalable Encryption Architecture Processing (SEP) modules, enable users to easily · Cisco SEP modules provide hardware-based add capacity and throughput, encryption, which ensures consistent Cisco customers can choose from a range of VPN performance throughout the rated capacity (3030-3080) 3000 Concentrator models, the specific unit that most suits their needs and applications. The VPN · Large-scale tunneling support for IPsec, PPTP and L2TPflPsec connections 3000 Seties Concentrator includes models to support a range of enterprise customers, from Scalability (3015-3060) small businesses with 100 or fewer remote-access * · Modular design (four expansion slots) provides users to large organizations with up to 10,000 investment protection, redundancy and a simple simultaneous remote users. With all versions of upgrade path (3015-3060) the Cisco VPN 3000 Concentrator, the Cisco VPN · System architecture designed to supply Client is provided at no additional charge and consistent, high-availability performance includes unlimited distribution licensing. (3015-3080) · All digital design, which provides the highest reliability and 24-hour continuous operation (3015-3080) Cisco Systems Copyright © 2001 Cisco Systems, Inc. All Rights Reserved. Page 1 of 3 · Robust instrumentation package for run-time Cisco VPN Client (IPsec) monitoring and alerts (3015-3080) * Available for Windows 95, 98, IV[F, NT 4.0, 200(; ×P, · Microsoft® compatibility, which offers large-scale client Linux (Intel), Solaris (UltraSparc-32bit), and MA*~ii OS deployment and seamless integration with related × 10,1. systems (3015-3060) · Centrally configurable policy management, such as split tunneling/local LAN access policy, is pushed down Yom Security the Cisco VPN 3000 Concentrator. · Full support of current and emerging security standards, including RADIUS, NT Domain Authentication, RSA Availability and Ordering Information SecurlD, and digital certificates, allows for integration Pricing and ordering information can be located at: of external authentication systems and interoperability http://www, cisco.com/univercd/cc/td/doc/pcatJ3000, btm with third-party products A wide variety of service plans are available to suppo~'t the · Advanced packet-filtering capabilities, which provide Cisco VPN 3000 Series Concentrator. Some of thes~ the required security for your corporate local-area programs include: network (LAN) · User and group-level management for maximum Annual Support Plans flexibility Extended Warranty, Enhanced Warranty, 7x24 Installation Support, Remote Telephone Support, Rapid High Availability Exchange, Software Subscription · Redundant subsystems and multi-chassis fail-over capabilities for maximum system uptime Installation Services · Extensive instrumentation and monitoring capabilities, Onsite Installation Service which provide network managers with real-time system Time and Materials status and early-warning alerts Repair and Return, Remote Telephone Support (7x',.~4 or Robust Management M-F/8 -5), Unit Replacement, Software Update, · The Cisco VPN 3000 Concentrator can be managed Hardware Configuration using any standard Web browser (HTTP or HTTPS), as well as by Telnet, Secure Telnet, SSH, and via a console port · Configuration and monitoring capability for both the enterprise and the service provider · Access levels are configured by user and groups, allowing easy configuration and maintenance of security policies Cisco Systems Copyr~jht © 2001 Cisco Systems, Inc. All Rights Reserved. Page 2 of 3 Tech Services Requisition Date of Request Date Needed Account Number 5/12/2003 ASAP Wireless 100 Tamp. a Oaks Blvd. lFlorida 33637 ~ 19 ~ ~yan Kimbrough t $o.oo $0.00 $28,800.00 Itate of Florida Contract C~,rison 1 Comparison 2 ~- Final Quan Description lEa. [Total Ea. Total I Ea. Total 12 Verl,tm Mnnthly Connectioa Service ($60.00/moath) 40 Units I $0.00 I $0.00 S0.1X) $0.00 [ $60.00 $28,800.00 c O,~,_TRA C T This Contract, effective the last date si~ned below, is ~ ~~ ~o S~ of~ a~ ~ 4050'~I~e Way, T~e~ Con~c~s ~d ~d ~ ~r ~ of ~e C~ b ~ ~ ~e~ve dm · T~ S~~ B~: C~ ~ H~~ S~ ~"' ,.~ ........ ,... s~ Aa~.. o~ ~.o. ~.,~: ITB No.: 61-725.000-W Ootobcr 16, 2002 Bid Forms Paga 12 0£20 ~t~~wireless Verizon Wireless 100 Tampa Oaks. Bird Temple Terrace, FL 33637 February 17, 2003 Doug Solomon Technology Services City of Boynton Beach Police Department 100 E. Boynton Beach Boulevard Boynton Beach, FL 33406 Re: Wireless Communications Services Dear Mr. Solomon: Verizon Wireless appreciates the opportunity to submit a proposal to Boynton Beach. We can offer a cost-effective wireless communications program with attractive rates designed to meet your wireless telecommunications' needs. By choosing to use Verizon Wireless' extensive resources, Boynton Beach can enjoy several key benefits that include: · Access to one of the largest, most ubiquitous networks in the country*; · Superior and consistent call quality across our CDMA network · Quality performance of system and service together with quality equipment; · Discounted roaming rates within Verizon Wireless' licensed territories; · Cellular Long Distance service -- a component of Verizon Wireless' pricing plans; _ · Supportive customer service available via an 800 toll free number 24 hours/day, 7 days/week; · Simplified Point of Contact and Professional Sales Support; · Mobile Web - Verizon Wireless' national Internet Portal - www. MyVZW.com · Information via the Internet at our web site address www.verizonwireless.com. ~Verizon W/re/ess' network cla/rn is based upon/ndustry reports of carrier operated covered popu/at/on. I look forward to working with you to provide Boynton Beach with Wireless Communications Services. If you have any questions or need further clarification on any aspect of this offer, please contact me at the number listed below. Sincerely, Ryan Kimbrough Business Account Executive Florida Region 561-445-5919 verlT nw/re/ess EXHI:BTT B R~TE PI.~N PRTCTNG To qualify for Verizon Wireless' Pricing & Equipment Offer, Customer must execute a two (2) year term agreement. Customer's Employee Subscribers must activate service via the Verizon Wireless Extranet or through the Verizon Wireless Business Sales Channel to qualify for the proposed rates. Additionally, Employee Subscribers must agree to execute and comply with all the terms and conditions of Verizon Wireless' Customer Agreement and Employee User Agreement. This Vedzon Wireless offer supersedes all previous offers to Customer. Verizon Wireless' pricing offer is contingent upon Customer maintaining a minimum line Attainment Tier of ten (10), one hundred (100), five hundred (500), one thousand (1,000), five thousand (5,000), ten thousand (10,000), or fifteen thousand (15,000) Corporate and Employee Subscriber voice and/or Express Network lines. Customer's properly enrolled and coded Corporate and Employee Subscriber ("Qualifying Subscriber") voice and/or Express Network lines throughout all of Vedzon Wireless' licensed Areas will contribute to the minimum line Attainment Tier. The Attainment Tier determines the monthly access fee discount percentage available to Corporate Subscribers on select business calling plans as included herein and Corporate and Employee Subscribers on eligible consumer voice and/or Express Network calling plans throughout Vedzon Wireless' Areas with monthly access fees of $35.00 and higher, with the exception of Verizon Wireless' Family SharePlans. Future Vedzon Wireless consumer voice and/or Express Network calling plans with monthly access fees of $35.00 and higher may also qualify to receive monbhly access fee discounts. Verizon Wireless will allow a one hundred eighty (180) day administrative grace period for Customer to meet the minimum line Attainment Tier. Should the Attainment Tier not be met or exceeded within the one hundred eighty (180) day administrative grace pedod, Customer will then be moved to a lower applicable Attainment Tier and corresponding monthly access fee discount level. Subsequently, should Customer not be able to maintain a minimum one hundred (100) Qualifying Subscriber voice and/or Express Network lines for two (2) consecutive months, Verizon Wireless reserves the right to move Customer to the then applicable equipment and service pricing. Through quarterly reviews, should Verizon Wireless determine that Customer has exceeded its Attainment Tier and maintained such number of active Qualifying Subscriber for at least two (2) consecutive months, Verizon Wireless shall notify Customer that it is eligible for an access discount associated with the higher applicable Attainment Tier. Customer must then notify Verizon Wireless in writing of it's intent to move to the then applicable Attainment Tier. I.~J] ~ I i III I~t.~. l ~"~'i I ~ I ~ i.~ e:P. Iii I [ ~ I ll,,,'~. I"~]il ~ · i ?- ~ I ,[lli!J[l~l ~1; I I l ~ I1..~ i~ P"~. [e :,,."[ I; i ,1 I~lYi! I I'Ti}. IT[ Il ~ ['il ~ i ~LTi~ri jl[~ I I ;1~."~ '.t ~ljll['-:'----: = ~;~= :.'~ ~ ~ ~ l I[~1 B; (I: I~ Ill I[ · II Simple Affordable National 08/01/02 Page 1 of 14 veriT_P_n vireless Corporate Subscribers are eligible for monthly access fee discounts on select business calling plans as indicated herein. In addition, Corporate and Employee Subscribers qualify for monthly access fee discounts on eligible consumer voice and Express Network calling plans thr6ughout Vedzon Wireless' Areas with monthly access fees of $35.00 and higher, with the exception of Vedzon Wireless' Family SharePlans. Future Verizon Wireless consumer voice and Express Network calling plans with monthly access fees of $35.00 and higher may also qualify to receive the monthly access fee discount. Please see the discount schedule below for the qualifying Subscriber discount percentages: Qualifying Subscdber Qualifying Subscriber Une Attainment Tiers 100 - 499 500 - 999 { 10% 1,000 - ~,999 5,000 - 9,999 15% 10,000- 14,999 17°/° 15,000 + { 18% Note: The discounts above apply to both promotional and non-promotional voice and Express Network calling plans as applicable and are based on the Qualifying Subscriber line attainment. Consolidated reporting is required to participate in this di__~counting program. Simple Affordable National 08/01/02 Page ~ of 14 verl7 nw/re/e$s America's Choice Calling Plans qualify for monthly access fee discounts. Standard MonthlyAccess-Fee. $35.00 j $45.00 I $5S.00 j $75.00 j $100.00 $150.00 $200.00 j Home Airtime Minute~ 300 j 400 550 I 900 j 1200 2000 3000 Per Minute Rate ~ $0.40 (over allowance) i ! $0.35 j $0.35 i $0.35 ! $0.25 $0.25 $0.20 Verizon Wireless Long ii Zncluded (for Domestic calls made within the 50 States) Distance Rate Domestic and Canadian i $0.69 per minute Roaming Airtime Ratet Note: The America's Choice home airtime rate area includes the Verizon Wireless network and select prefeffed roaming carriers, see calling plan brochure for details, tRoaming and toll charges may apply when making and receiving calls from off the America's Choice home airtime rate area and Canada; long distance charges will apply when making or receiving calls outside the United States. Toll and long distance charges may apply when making or receiving calls in Puerto Rico. Please . Calling Plan Features for included and additional features; Verizon Wireless Calling Plan Terms and Conditions apply. America's Choice Optional Services.' National mobile to mobile Option= Subscribers to America's Choice Calling Plans may purchase the national mobile to mobile Ol~On. Customers may select one thousand (1,000) national mobile to mobile minutes for an additional monthly charge of $~.0.00 per line. The national mobile to mobile option applies to national mobile to mobile airtime calls originated and terminated within the Vedzon Wireless national mobile to mobile carling area. National mobile to mobile rates do not apply to calls made to or received from landline phc~nes, pagers, or wireless phones on another carrier's network. Calls must originate and terminate within the Verizon Wireless national mobile to mobile calling area. Calls are billed as mobile to mobile only when Caller [D is available. Phone may not accurately display Caller [D and roaming indication; charges based on information in billing system. Not available with fixed wireless devices with usage substantially from a single cell site. Taxes and surcharges apply. Note= National mobile to mobile is not available throughout the America's Choice home airtime rate area. The national mobile to mobile calling area is the Verizon Wireless digital network excluding Cortez and Pueblo CO, Rock Springs, WY, Puerto Rico and Verizon Wireless' analog markets. Subscribers activating service in Evansville, Fort Wayne, Greensburg, Huntington, [ndianapolis, Newton, Randolph, Seymour, Terre Haute and .lasper [N and Henderson, Owensboro, Madisonville and Paducah KY, Cortez and Pueblo CO and Rock Springs WY may not subscribe to the national mobile to mobile option. National mobile to mobile is not available to Subscribers whose current wireless exchanges restrict the delivery of Caller ID. For subscribers selecting the National mobile to mobile Option, National mobile to mobile allowance minutes will be applied before home airtime minutes.* Z,OgO Night and Weekend Option: Subscribers to America's Choice Calling Plans may purchase :L,000 night and weekend minutes for an additional monthly fee of $~.0.00 per line. Subscribers to the 1,000 Night and Weekend Option may make and receive calls up to :t,000 minutes without incurring airtime charges within the America's Choice home airtime area. Toll and Long Distance charges may apply. The :t,000 Night and Weekend Option applies to airtime only during the following hours: 9:01 pm Friday through 5:59am Monday and 9:01pm-5:59am Monday through Thursday (8:01pm Friday through 5:59am Monday and 8:0Zpm-5:59am Monday through Thursday in Verizon Wireless' West Area Only). For subscribers selecting the Night and Weekend Option, Night and Weekend allowance minutes will be applied before home airtime minutes.* ~For subscribers ~elecbhg bot~ ~he Nab'gna/mobile to mobile and Night and Weekend Opb'ons, minute did'hub'on w/II vary by the Verizon Wireless region where t~e mobile number was ac-b'vated. Simple Affordable National 08/O1/02 Page 3 of 14 veriT__ nwirele$$ The America's Choice Corporate and Employee Subscriber Flat Rate Plan are not eligible for any monthly access discounts or promoUons. Corporate Subscriber Flat Rate Plan Monthly Access Fee $11.99 I $14.99 General Allowance Minutes 0 Per Minute Rate $0.25 Verizon Wireless Long Distance Rate i Included (for Domestic Long Distance Calls) Domestic and Canadian Roaming I $0.69 per minute Airtime Ratet Note: The America's Choice home airtime rate area includes the Verizon Wireless network and select preferred roaming carders, see calling plan brochure for details. *Roaming and toll charges may apply when making and receiving calls from off the America's Choice h~me airtime rate area and Canada; long distance charges will apply when making or receiving calls outside the United States. Toll and long distance charges may apply when making or receiving calls in Puerto Rico. Please see Calling Plan Features for included and additional features; Vedzon Wireless Calling Plan Terms and Conditions apply. Simple Affordable National 08/01/02 Page 4 of 14 vel'iT__ wireless National SingleRate Calling Plans qualify for monthly access fee discounts. Standard Monthly Ac/:essFee $35.00 j $55.00 j $75.00 I $100.00 j $150.00 j $200.00 j $300.00 J Home Airtime Minutes , 150 J 400 i 600 J 900 J 1500 j 2000 3000 Per MinuteRate(overallowance) $0.40 J $0.35 J $0.35 i $0.25 J $0.25 I $0.20 i $0.20~ , . j ~ Includes the 50 States Home Airtime Rate Area Roaming Airtime Ratet i Included throuqhout the 50 States ($0.6,9 per minute in Canada) Vedzon Wireless Long Distance , Zncluded (for Domestic calls made within the 50 States) I Rate i Note: tRoaming, toll, and long distance charges may apply when making and receiving calls from outside of the 50 States. i Please see Calling Plan Features for included and additional features; Vedzon Wireless Calling Plan Terms and Conditions i apply. National SingleRate Optional Services: Weekend OpUon: Subscribers to the NaUonal SingleRate Calling Plans are eligible to purchase the Weekend OpUon which indudes 1000 weekend minutes for an addiUonal monthly fee of $10.00 per line. Within the National SingieRate Home Airtime Rate Area, subscribers to the Weekend Option may make and receive calls without incurring airtime charges. The Weekend Option applies to airtime only dudng the following weekend hours: 12:00am Saturday though 11:59pm Sunday. At each month, the previous month's unused Weekend OpUon minutes will be lost. Once the 1000 Weekend minutes are exhausted, any additional airtime incurred during the weekend hours will be charged at the per minute airtime rate of the applicable rate plan. For subscribers selecting the Weekend Option, Weekend allowance minutes will be applied be:fore home airtime minutes. SingleRates~ Canada: Subsodbers to the National SingleRate Calling Plans may purchase Vedzon Wireless' SingleRate Canada service. For an additional monthly fee of $10.00 per line, SingleRate Canada subscribers in the United States may indude certain parts of Canada as part of the Home Airtime Rate Area. Note: The $10.00 per month charge for SingleRate Canada may be added to the Monthly Access Fee in some billing systems, however other systems may bill the two (2) charges independently. Simple Affordable National 08/01/02 Page 5 of 14 tt'el' 7_ nwirele$$ Local DigitalChoice Calling Plans quali_~, for monthly access fee discountst as applicable. The Florida, Houston (including Grimes, Trinity, Polk, Tyler :Jasper, Newton & San 3acinto, TX), Central Texas, Gulf Coast & Mid-South Regions Standard Monthly Access $25.00 i $35.00 i $45.00 i I i $200.00 Fee ,I i ! $55.00 :J $75.00 $100.00 I $150.00i, , iHome Airtime Minutes, 125 j 400 i 550 J 700 J 1000 1500 [ 2200 j 3200 Per Minute Rate ; ~ ~ i ' i $0.25 i $0.20 (over allowance) , $0.40 i $0.40 j $0.35 $0.35 i $0.35 $0.25 Vedzon Wireless , $0.20 per minute Long Distancet Roam Ratett i $0.69 (includes Verizon Wireless' Domestic Long Distance for calls made (per minute) i throughout the 50 states and Canada) The Georgia & Carolinas Regions: Standard Monthly Access I ! j i F~,~ i$25'00 $35'00 ! $45'00 ! $55'00 1 $75'00i $100.00 i $150.00 $200.00 HomePer Airtime Minute Minutes Rate I: 125 400 i J 600 i I 800 J J 1100 1500 ! ~ 2200 3200 (over allowance) I $0.40 $0.40 i $0.35 j $0.35 i $0.35, , $0.25 j $0.25. $0.20 VedZonLong Distancetwireless !. $0.20 per minute Roam Ratett J $0.69 (includes Vedzon Wireless' Domestic Long Distance for calls made (.per minute) I throughout the 50 states and Canada) Note: TDomestic long distance rates may apply to calls placed or received within the home airtime tale area. "The Roam Rate applies while outside of the Local DigitalChoice home airtime rate area throughout the United States and Canada. Each Verizon Wireless Region has a distinct home airtime rate area based upon the assigned mobile telephone number. Please see your Vedzon Wireless representative for a calling plan map of the home airtime rate area applicable to your assigned mobile telephone number. Please see Calling Plan Features for included and additional features; Verizon Wireless Calling Plan Terms and Conditions apply. Local Digi[alChoice South Area Additional Options: 1,000 Nights and Weekends Option: Subscribers to Local DigitaiChoice Calling Plans may purchase 1,000 Night and Weekend minutes for an additional monthly fee of $10.00 per line. Subscribers to the 1,000 Night and Weekend Option may make and receive calls up to 1,000 minutes without incurring airtime charges within the home airtime rate area only during the fo,owing hours: 9:01pm Friday through 5:59am Monday and 9:01pm-5:59am Monday through Thursday. Toll and Long Distance charges may apply. Note: In certain Verizon Wireless Regions, with this option home airtime minutes become peak home airtime minutes; therefore, if a Subscriber to the 1,000 Night and Weekend Option has not exhausted their home airtime minutes but has exhausted their 1,000 Night and Weekend minutes, additional night and weekend calls within their home airtime rate area will be billed at the applicable per minute rate of the calling plan selected. Tn regions where airtime minutes do not become peak home airtime minutes, subscribers selecting the Night and Weekend Option, Night and Weekend allowance minutes will be applied before home airtime minutes.* Simple Affordable National 08/01/02 Page 6 of 14 veriTorlwireless Local mobile b3 mobile Option: Customers may select one thousand (1,000) local mobile to mobile minutes for an additional monthly charge of $10.00 per line. The local mobile to mobile option applies to local mobile to mobile airtime calls originated and terminated within select Vedzon Wireless local mobile to mobile calling areas. Each cellular phone must be activated within the same local mobile to mobile calling area and the customer ~electing the local mobile to mobile option must have Verizon Wireless cellular long distance, otherwise the per minute rates will mirror the non-mobile to mobile calling plan rates. Local mobile to mobile rates do not apply to calls made to or received from landline phones, pagers, or wireless phones on another carder's network. Local mobile to mobile rates do not apply to calls made or received outside of the subscriber's local mobile to mobile calling ama. Local mobile to mobile is not available with fixed wireless devices with usage substantially from a single cell site. Local mobile to mobile calls are subject to applicable toll or long distance charges. Note: Local mobile to mobile is not available throughout the Local DigitalChoice home airtime rate. area. For subscribers selecting the Local mobile to mobile Option, Local mobile to mobile allowance minutes will be applied before home airfime minutes.* Domestic Long Distance Option: Subscribers to Local DigitalChoice Calling Plans may select the Domestic Long Distance Option for an additional monthly fee of. $4.99 per line which allows subscribers to call from their home airtime rate area to locations throughout the 50 States at no additional long distance charge. *For subscHbers selecting both the Local mobile to mobile and Night and Weekend OpObns, minute disDibu~on ~411 vary by the VeHzon Wireless region where the mobile number was acO'vated. Simple Affordable National 08/01/02 Page 7 of 14 Verl wireless The Business SharePlan is available to business customers with five (5) or more Corporate Subscriber lines. Accounts may activate more than one ('1) primary line on a account, however, primary lines and corresponding secondary lines with a particular monthly access fee will not share between the other primary and corresponding secondary lines with different monthly access fees; each primary and secondary monthly access point has its own calling plan set. The 4,000 to 40,000 minute plans will require only one (1) primary line; the primary line will be billed the corresponding access charge. The 100,000 minute plan will require two (2) primary lines and the 200,000 minute plan will require four (4) primary lines. The monthly access fees and the included minutes for 100,000 and 200,000 minute plans will be equally divided between the multiple primary lines; each secondary line will be billed the $10.00 secondary line monthly access fee. The R,,cin..cc Shar~r"lan - South Area is not eligible for any access or drtime discounts or promotions. Pdmary Une Monthly Access $300.0015440.00 $725.00 i $1,425.00 $2,125.00 $2,800.00 $6,900.00 $13,700.00 Secondary Une Month~yAccess $10.00 I $10.00 $10.00I $10.00 $10.00 $10.00 i $10.00 $10.00 Fee Per Line Shared home airtime Minutes 4,000 I 6,000 10,000 20,000 30,000 40,000 100,000 200,000 (per month) Maximum Lines 10 Allowed ! 15 25 50 75 100 250 500 Home AJrtime Rate (Per minute) $0.20~ $0.20 $0.20 $0.20 $0.20 $0.20 $0.20 $0.20' Nationwide Roam [ $0.65 per minute (Long Distance [nduded) Rate (per minute) Vedzon Wireless I [nduded when calling from the home airtime rate area to anywhere in the United States Long Distance i Home Airtime i Each Local Business SharePlan will have a distinct home airtime iaLe area based upon the subscribers' ~ Rate Area i ~_$signed mobile telephone number. i Note: Non-business SharePlan subscribers assigned to the same account will not share Business SharePlan shared home i airtime minutes. Please see Calling Plan Features for included and additional features; Vedzon Wireless Calling Plan Terms [ and Conditions apply. The Busi~_e~_-_~ SharePlan - SoL_~h_ Area Optional Servi_~--_ Local mobile to mobile Option: Customers may select one thousand (1,000) local mobile to mobile minutes for an additional monthly charge of $10.00 per line. The local mobile to mobile option applies to local mobile to mobile airtime calls originated and terminated within select Vedzon Wireless local mobile to mobile calling areas. Each cellular phone must be activated within the same local mobile to mobile calling area and the customer selecting the local mobile to mobile option must have Verizon Wireless cellular long distance, otherwise the per minute rates will mirror the non-mobile to mobile calling plan rates. Local mobile to mobile rates do not apply to calls made to or received from landline phones, pagers, or wireless phones on another carder's network. Local mobile to mobile rates do not apply to calls made or received outside of the subscribers local mobile to mobile calling area. Local mobile to mobile is not available with fixed wireless devices with usage substantially from a single cell site. Local mobile to mobile calls are subject to applicable toll or long distance charges. Note: Local mobile to mobile is not available throughout the home calling area and mobile to mobile minutes cannot be shared. For subscribers selecting the Local mobile to mobile Option, Local mobile to mobile allowance minutes will be applied before home airtime minutes. Simple Affordable National 08/O1/02 Page 8 of 14 veriT_P_nwireless Busine~ Packages: Business Package One Business Package Two lqonthly charge per line: $13.99 Monthly charge per line: $18.99 ~ncludes: Zncludes: · 1,000 Local mobile to mobile Minutes~ · 5,000 Local mobile to mobile Minutes~ · 100 SMS Me~_~ges~ · 100 SMS Messages~ · I Mobile Office Connection Number (MOC)3 · 1 Mobile Office Connection Number (MOC) 3 · Enhan__red Voicernail" · Enhanced Voicemail~ Note: Business Packages must be added to each line on an account, 1, The Local mobile to mobile Option in the Business Package cannot be replaced or combined with any standard or promotional Local mobile to mobile offer. Local mobile to mobile minutes cannot be shared. Local mobile to mobile calls are subject to applicable toll, cellular regional calling, or long distance charges. Taxes and surcharges may apply. 2. May not be available in all Verizon Wireless Areas. Outbound Messages over the included number of me~_~ges are charged at $0.10 per me~_~ge. Inbound Messages over the induded number of messages are charged at $0.02 per m__~a__ge, Mobile Messenger requires a Two-Way SM$ capable digital phone. Mes~ge allowances may not be shared. 3, MOC numbers are assigned and charged at the account level, not the mobile number level. Each line on the account will receive discounted calls to the MOC number; calls to the MOC number will be rated as mobile to mobile. The first MO(:: number on the account is induded at no additional charge; the account will be charged $8.95 for each additional MOC number. Them is a limit of three (3) MOC numbers per account. Subscribers will be charged for airtime and other usage charges as applicable while using the Mobile Office feature. NOt available in all regions. 4. Enhanced voicemail is not available in the Carolinas Region. Airtime and other charges may apply when using enhanced voicemail. Simple Affordable National 08/01/02 Page 9 of 14 veriT__p_nwireles$ E~j~ress Network Calling Plans _q. ualiP for monthl~ access fee discounts. Standard Monthly AcceSs Fee i $35.00 i $55.00 $75.00 i $100.00 . $150.00 i $200.00 . $300.00 Home Airtime Minutes ~ 150 i 400 600 i 900 1500 :: 2000 3000 Per H nute Rate_(over allowanc~) ~0.40 $0.35 $0.35 ! $0.25 $0.25 ~ $0.20 ~ $0.20 ....................... ~'~""~i'~-r~ ~-~,~'t-~-~ rea ...... ~ .............................................................................................. ~'~ ~i'~'~J~"~ '";~'"'~-I~' §;[~-t-~"~ ............................................................................................. Verizon Wireless Long Distance Included (for Domestic calls made within the 50 States) Rate Note: *Roaming, toll, and long distance charges may apply when making and receiving calls from outside of the 50 States. You will see 777-000-0001 in dialed digits column of bill for Express Network data sessions. For current Express Network service area, please visit the web at www.verizonwireless.com/expressnetwork/availability. Dudng data session, if you travel outside Express Network area, or connection is otherwise unavailable, but you continue with session alter returning within 'i five (5) minutes, you will be billed for entire length of data session. Please see Calling Plan Features for included and additional features; Verizon Wireless Calling Pla_n__T.e_r__m_s..a__n_d_C_o.n_d_it_ig.n_s__ap.~_~.._ Florida State Contract Customers Qualify for a 25% Monthly Discount on the Unlimited Express Network Callin. g Plan. Promotions Do not appl~y._ ........................................................... ............................................................ ij'~-i~i~i-i~,s--N-~71~"~ii'i n g Unlimited Express Plan Feature ........... _Sta__n_d..a..r~__H g nth I~ Fee .............................. _~_ .9_9:.?A ...................................................................................................... _$.9_9_._9_9 ............................................. .... _.E...x..pre_s_s Network A owance Unlimited Unlimited Per Minute Rate (for data usage off the Express network and $0.69 Varies By Voice Calling Plan Selected ......................... ._voi_c_e_g~..a. gA) ............................................................................................................................................................................................................................. Home Airtime Rate Area ~ncludes the 50 States Varies By Voice Calling Plan Selected Roaming Airtime Rate* ~nduded throughout the 50 States Varies By Voice Calling Plan Selected Verizon Wireless Long Distance ~ncluded Varies By Voice Calling Plan Selected Rate '""~1-0~? *Roaming, toll, and long distance charges may apply when making and receiving calls from outside of the 50 States. You will see 777-000-0001 in dialed digits column of bill for Express Network data sessions. For current Express Network service area, please visit the web at www.vedzonwireless.com/expressnetwork/availability. Please see Calling Plan Features for included and additional features; Vedzon Wireless Calling Plan Terms and Conditions apply. Express Network Unlimited data sessions may be used with wireless devices for following purposes: (i) ~nternet browsing; (ii) e-mail; and (iii) intranet access (including access to corporate intranets, e-mail and individual productivity applications like customer relationship management, sales force and field service automation). Unlimited Express Network cannot be used with server devices or with host computer applications. Examples of such prohibited uses include, without limitation, web camera posts or broadcasts, continuous jpeg file transfers, automatic data feeds, telemetry applications, automated functions or any other machine-to-machine applications. Such data sessions cannot be used as substitute for private lines or frame relay connections. "Always On" capabilities and static ~nternet Protocol addresses are not available in connection with Unlimited Express Network. We reserve right to deny or terminate service, without notice, to anyone who uses Express Network in any manner prohibited or whose usage adversely impacts our network or service levels. We also reserve right to terminate serv ce up_on exl~ ration of the Agreement Si mple Affordable National 08/01/02 Page 10 of 14 verl7__ nwireless Express Net~vork ..................... ...... ..... F~_xpress Network Megabyte :1.0 20 40 75 150 ' Allowance Network Overage Rate $0.0080 $0.0060 i $0.0050 $0.0040 $0.0025 i'-'-~'F~ per Kilob~e ................................................ ~ .................................................................................. ~ Per Minute Rate within the Home $0.25 Airtime Rate Area Voice and Verizon Wireless other Data Long Distance Included (for Domestic calls made within the 50 States) Usage Rate Domestic and Canadian Roaming $0.69 Per Minute Ratet Note: tRoaming and toll charges may apply when making and receiving calls off the home airtime rate area. and Canada; long distance charges will apply when maldng or receiving calls outside the United States. *Available to Corporate Subscribers only. The home airtime rate area includes the Verizon Wireless network and select preferred roaming carriers, see America's Choice calling plan brochure for details on the home airtime rate area. Megabyte allowance and charges for kilobytes over the monthly allowance apply to Express Network data usage; all other usage charged in accordance with calling plan. Express Network data usage is rounded to next full Idlobyte at end of each billing cycle. Only total of kilob~es transmitted each billing cycle will appear on bill. You are responsible for all charges, including all data sent and received and "overhead" whether or not you or your recipients actually receive the data. Overhead is all data that is in addition to user- transmitted data, such as control, operational and routing instructions, error-checking characters as well as retransmissions of user-data messages that are received in error. Any unused portion of the megabyte allowance is lost. Equipment will not indicate kilobyte usage. Please see Calling Plan Features for included and additional features with the following exceptions: Call Waiting, Call Forwarding, Three Way Calling, No Answer/Busy Transfer, Caller ID, and Basic Voice Mail with Message Waiting Indicator are not included with the Express Network Megabyte Calling Plans but are available at the prevailing regional rates. Verizon Wireless Calling Plan Terms and Conditions apply. For current Express Network service area, please ~' visit the web at www.verizonwireless.com/expressnetwork/availability. Definitions: Bit - A bit is short for Binary Digit, the smallest unit of information on a machine. A single bit can hold only one of two values: 0 or 1. Byte - A byte is a unit of measure 8 bits. Kilobyte - A kilobyte is a unit of measure equal to 1,024 .._~ytes..__M_ecj_abyte -__~A_m_..ecja_b. yte is a unit of measure e_q_ua_l_t.o 1,.04__8_zS__7_6_.b_ytes___o_r_.l_.0_2~_k_!!0_l~.e.s_,_ ..................................... Simple Affordable National 08/01/02 Page 11 of 14 veriTonwirele$$ Corporate and Employee SiJbscdbers may select to combine one of the below Optional Express Network Megabyte Allowances with an eligible voice calling plan; Express Network Megabyte Calling Plans and Express Network Calling Plans may not be combined with the Optional Express Network Megabyte Allowances. When combining an Optional Express Network Megabyte Allowance with an eligible voice calling plan, rates set forth in the voice calling plan selected will apply to voice and other data usage. The Optional Express Network Megabyte Allowance monthly fees are not eligible for any access or revenue discountp_rograms or promotions. i ....................................... ~_~?~ ............ ~ .......... ~_~.~ ...... T.~.~.~.~..~J~.~...~.~.-...i~"~.;~.~.~.....~i...~-~;~ ~.~':~ ~'~'~'.-~'"'""~ i .............. ~'~-~-~-~-~-~-~-~-~c~-~ ..... ~ ...... ~ .... 1 .............. ~----~ ....... i~- ........ ¥ ......... i-o- ................. ~-- 'i ................ ~s ~i ................................ ~so i ............ AII---9°-w-ance~ ............ ~ .................. i ....... ! ..................... i ................. i ....... i ..................... j ExpressNetw,o..r,k,Ov. erageRate j $0.0200 J $0.0150 $0.0080 ! $0.0060 $0.0050 $0.0040 J $0.0025 ! per ~OD~e i i ............ j ........... ! Note: For current Express Network service area, visit the web at www.verizonwireless.com/expressnetwork/availability. i Megabyte allowance and charges for kilobytes over the monthly allowance apply to Express Network data usage; all other i usage charged in accordance with calling plan. Express Network data usage is rounded to next full kilobyte at end of each i billing cycle. Only total of kilobytes transmitted each billing cycle will appear on bill. You are responsible for all charges, ! including all data sent and received and "overhead" whether or not you or your recipients actually receive the data. Overhead is all data that is in addition to user-transmitted data, such as control, operational and muting instructions, error- checking characters as well as retransmissions of user-data messages that are received in error. Any unused portion of the megabyte allowance is lost. Equipment will not indicate kilobyte usage. For current Express Network service area, please visit the web at www.verizonwireless.com/expressnetwork/availability. Verizon Wireless Calling Plan Terms and Conditions apply. Definitions: Bit - A bit is short for Binary Digit, the smallest unit of information on a machine. A single bit can hold only one of two values: 0 or 1. Byte - A byte is a unit of measure 8 bits. Kilobyte - A kilobyte is a unit of measure equal to 1,024 !.....~_~,_~.~.g_~_b~..e_...:.?.......m_e_.~.~.b._~e_ ~_.s._._a.__u_n!Lo_f_.._m_e.....aAu_r~_e_~ ~ t._o_~ 0~..8~..5_7_6._.~_e_s.._o r__~_0_2.~.._~! ~o b~_e. s. __ ............................................... Simple Affordable National 08/01/02 Page 12 of 14 veriTonwirele$$ Call Waiting*, Call Forwarding, Three Way Calling*, No Answer/Busy Transfer, Included Features (no additional Caller ID**, Basic Voice Mail with Message Waiting :Indicator***, Basic IVlobile m°_nt.h.l_Y_f.e~_)_..:~ ...... ~_ ........................ _.H.~.S_~_e_n..ge_r.t_*.,._a__.n_.d_.~_~_l..~.o.~_n_e_~_"..*._(Airtime and other ch~a.r.g~s__..rn_a_y__a..l~J~l_y:.)_- ...... A d d j t i o _na_l ..F..e._a._t..u_r.e_s_ .............................................. Monthly_ Fee Mobile Web by VZW with MSN* $6.95 (100 Included Message Alerts) / $8.95 (200 Included Message Alerts) / $12.95 ............................................................ Mobile Messenger** $2.99 (100 Included Messages) / $3.99 (200 Included Messages) / ............. $ 7 · 99_{ 6_0. 0_ ]_n_c I_u_d.e_d_ H _e_sAa. g~). Note: All features may not be available in all Verizon Wireless Areas. *Airtime charges apply to all calls simultaneously. · *Caller ~D service may not be available outside home airtime rate area and may not be compatible with certain enhanced features. ***Airtime charges apply to message retrieval. *Per call charge in addition to per minute and toll charges, where applicable. · Mobile Web by VZW with MSN includes 100, 200 or 600 text messages per month. Inbound text messages over the included number of messages per month are charged at $0.02 per message. Outbound messages over the included number of messages per month are charged at $0.10 per message. Most digital phones are capable of receiving text messages; however, sending messages requires a two-way SMS capable wireless phone. Message allowances may not be shared; unused messages are lost. Microsoft, Hob'nail and the MSN logo are either registered trademarks or trademarks of Microsoft Corporation in the U.S. and/or other countries. ·*With Basic Mobile Messenger, inbound text messages are charged at $0.02 per message and outbound messages are charged at $0.10 per message. For the applicable monthly fee, Mobile Messenger includes either 100, 200 or 600 messages at no charge per included message. ~nbound messages over the included number of messages are charged at $0.02 per message. Outbound messages over the included number of messages are charged at $0.10 per message. Subscribers have the option of selecting any of the Mobile Messenger plans listed above or electing to have text messages blocked entirely. Blocking text messages will disable the ability to receive text messages from others, information alerts from the [ntemet (including Mobile Web alerts) and the ability to send text messages from a two-way SMS capable phone. Blocking text messages will not affect voicemail or other related services. Mobile Messenger plans do not include Operator Assisted Messaging. Most digital phones are capable of receiving text messages; however, sending messages requires a two-way SMS capable wireless phone. Message allowances ..... _m_..ay.._n_9_t__b~._s_h_ar__ed.~ unused m_ess~_g_e:_s are lost. Si mple Affordable National 08/01/02 Page 13 of 14 veriTonwirele$$ An early termination fee of $:[75.00 applies for qualifying Subscriber lines in service less than twelve (:[2) or twenty-four (24) i months at the time of termination, as applicable. An activation fee of $30.00 applies per line ($35.00 in Vedzon Wireless' i West Area), however activation fees are waived for Corporate Subscribers selecting twelve (12) or twenty-four (24) month i individual line term agreements and Employee Subscribers selecting twenty-four (24) month individual line term agreements, i Participation in the Employee Program is contingent upon proof of employment, qualification under normal Verizon Wireless i credit criteria and execution of a twelve (:[2) or twenty-four (24) month Customer Agreement and an Employee User Agreement. Employees are eligible to activate up to three (3) Employee Subscriber lines per employee. All Employee Subscriber lines must be activated on the same account. The International Dialing feature and procedures apply for calls to Puerto Rico and the U.S. Virgin islands. Rates do not apply to credit card or operator assistance calls. Airtime rates and other charges may apply to features. 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Charges end when the call or data session disconnect from system, which may be a few seconds alter you press "END" or "D[SCONNEC"I'" button. When you place calls that ring for 60 seconds or more, you may be billed at normal airtime rates even when such calls are busy or unanswered. Calls to certain fax/data modems incur charges, though it may sound as if call was unanswered. Billing, shipping, and end-user address must be in the Verizon Wireless licensed and service area. Verizon Wireless' Calling Plans are only available with Verizon Wireless specified, Over-The-Air capable, tri-mode equipn~ent programmed with Vedzon Wireless' then current Preferred Roaming List. Equipment may operate on digital, PCS digital and analog networks. Network not available in all areas. Rates based on use of phone as programmed by Vedzon Wireless. Customers must dial *228 to activate on or migrate to their selected calling plan and to update their Preferred Roaming List to receive proper handset roaming indication. We may make changes to your phone software over the air without notice. Digital service and features may not be available in all areas; all monthly access fee price points may not be available in all markets. Toll, taxes, Federal Universal Service and Regulatory fee resulting from our costs of government assessments, additional fees/surcharges and enhanced features are not included in the above rates. Verizon Wireless' calling areas, home airtime rate areas, rates, business practices, procedures and policies are subject to change, as specified in the Agreement and Customer and Employee User Agreements for Employee Subscribers. These calling plans and discounts are only available through Verizon Wireless' Business Sales Channel and are not available through indirect agents and or Verizon Wireless' retail store locations. :Jrt addition to the above terms and conditions, the following also applies to the Express Network: Express Network data sessions must be placed within Express Network service area. Express Network capable PC Card, PDA or phone with its compatible Mobile Office Kit is required. Security limitations apply. Express Network data sessions automatically terminate alter 5 minutes of inactivity or after 24 hours of activity. Express Network data sessions may automatically reinitiate without you pressing or clicking "SEND" or "Connect" button if you have not terminated your session by pressing or clicking "END" or "Disconnect" button. A data session is inactive when no data is being transferred; a data session may seem ~ inactive while data is actively being transferred to device, or may seem active when it is actually cached and not transferring idata. You MUST press or click "END" or "D~SCONNECT" button to ensure that session disconnects and charges cease. You i may be able to send or receive voice calls when Express Network data session is inactive, when this occurs, charges apply !.._..S.!.~._U!.t_~.g_.e_o_u...sJy_for your voice call in accordance with .y__o._g.[._._c~.._l!.!...n.g.....p.!.~..n.~. ..................................................................................................................................... Simple Affordable National 08/01/02 Page 14 of 14 ~ ~ ~o o o o o ~ooo o ~ ~ oo o o o o ~ ~ ~ o ~ o ~ ~ o o o > Tech Services Requisition Date of Request Date Needed Account Number 5/12/2003 ASAP l~!~~ Technology Sc~iccs GTSI [][[l~llll~ altimorc: PO Box 7929-~ ~~9-0296 ~ ~ ~Kim Morgan $o.oo $22,040.00 State of Florida Contract Comparison I Comparison 2 Final Quan Description Ea. Total Ea. Total Ea. Total 40 Powex Cablo 15' $0.00 $0.00 $0.00 $0.00 $14.00 $560.00 40 3DB Gain ~ B~nd Pmtgmm $0.00 $0.00 $0.00 $0.00 $35.00 $1,400.00 40 Body Mount 17' Conn~ctor $0.00 $0.00 $0.00 $0.00 $27.00 $1,080.00 40 Bluelx~ CDMA Mobile Vehicle Modem $0.00 $0.00 $0.00 $0.00 $475.00 $19,000.00 Welcome To GTSI IT For Government GSA Contract Computers GSA FSS IT Schedule - GS-35F-4120D Software Description: Desktops, Workstations, Servers, Notebooks, Peripherals, Tm:he~M ..... Networking Software and Networking Products and Services Support A~k Our Experts Printers Contract # GS-35F-4120D ..... Contract Period 4/1/96 - 3/31/07 Peripherals (~ View Terms and Conditions ............. Who Can Order All federal, state and local agencies - direct through GTS! Accessories or through Government prime contractors - NATO i~ Warranty Support Product Types Workstations, PC's, peripherals, Telecommunications - facsimile products, Electronic Commerce products and Manufacturers software training and services. 6uslness Size Small Contracts Agencies .......... E-Government Act of 2002: Signed into law on December 17, 2002, the Act will allow state and local government Solutions agencies to make !T purchases off the GSA Schedule. Contact your Sales Representative for more Information. Tell us BIJI GSA Featured Products what you~ Contacts new~ Mathcad 2OOZi Sally Cook Professional Sallv. CookOGTS!.com - License only - 1 user Program Manager - STD (703) 502-2155 $704 More MathSoft Pete Rivers Creativity - CAD / Pete. Rivers@GTSLcom CAM Products Deputy Program Manager (703) 502-2479 http://www.gtsi.com/services/contract.aspx?ShopperID=200b4b3a%2D lb20%2D415e%2Da04d%2Df38eaf... 3/28/2003 Welcome To GTSI IT For Government Computer. Contract Terms and Conditions Software .... GSA Networking Printers Peripherals Contract Number: GS-35F-4120D · Contract Period 4/1/96 - 3/31/07 Accessories All federal, state and local agencies - direct through GTS! or Who Can Order through Government prime contractors - NATO Workstations, PC's, peripherals, Telecommunications - Manufacturers Product Types facsimile products, Electronic Commerce products and ..................... software training and services. Contracts Business Size Small Agencies Credit Card Accepted Yes .......... Destination, 48 contiguous states and D.C. Origin - Overseas, Solutions FOB Point Alaska, Hawaii and the U.S. Territories and Commonwealths 48 contiguous states, D.C., Alaska, Hawaii, U.S. TetTitories Geographic Scope and Commonwealths and overseas U.S. Government installations Included in contract terms and conditions. Customer must Toll U~ Partial Shipment/Partial Payment ~t yOu note on order if NOT acceptable. ; ~X~dllJ~ No defective products return. Defective products handled new GTSI~Ofll under warranty. Returns due to errors: GTS! error - must be requested within 30 days from date of invoice. Pre-approval Product Returns from GTS! Customer Support required. Gov't error - must be requested within 30 days from date of invoice. 15% re-stock fee applies. Hardware - manufacturer's warranty or 90 days, whichever Warranty is greater. Software - I year, or manufacturer's if greater, for defects in the disk Sally Cook, Program Hanager, (703) 502-2155, GTS! Contract Administration Contact sally.cookOgtsi.com or Pete Rivers, Deputy Program Hanager, (703) 502-2479, pete.riversOgtsi.com Acceptance Date First scheduled workday following receipt of product. Authorized Agents Yes BPAs Yes CAGE CODE 8Y261 Established Codes, DUNS 10793-9357 Xndustriai Funding Yes, 1% included in GSA Price None, There is, however, a threshold of $500,000* (called an ....HO"" or ""Haximum Order""). Agencies are Haximum Order Limitation encouraged by GSA to request a price reduction when their order exceeds the HO. *$50,000 for shrink-wrap software *$25,000 for Classroom Training. Hinimum Order $100.00 Hinimum Order, Leasing $500,000.00 Agencies may include open market (non-contract) items on GTSI's GSA schedule or Blanket Purchase Agreement (BPA) http://www.gtsi.com/services/contracttcs.aspx?ShopperID=200b4b3a%2D lb20%2D415e%2Da04d%2Df38... 3/28/2003 delivery orders, provided that the items are clearly identified as such on the order, all procurement regulations should be followed and price reasonableness has been determined by Open f4arket Line Items the ordering activity for these items. Open market items ordered on a GTSI GSA Schedule delivery order will not be governed by the terms and conditions of the GSA Schedule contract. Open Season For Adding New Vendors anytime during the contract period. ACH or Electronic Funds Transfer (EFT): Crestar Bank Alexandria, VA EFT ABA #056001079 Account #202969894 Remit To Payment by Check: GTSI Corp. P.O. Box 79296 Baltimore, 21279-0296 Same day shipping on GTSI's top 1200 in-stock products for orders placed by 2:00 pm EST. Next day and second day Rapid Delivery delivery available for in-stock products (customer pays freight). 132-3 Leasing, 132-8 Purchase of Hardware, 132-12 Haintenance and Repair, 132-33 Perpetual Software License, Special Items Numbers (STNs) 132-34 Haintenance of Software, 132-50 Training, 132-51 Information Technology Professional Services, 132-52 Electronic Commerce Services Standard Delivery Time 7 - 90 days After Receipt of Order (ARO) Yes, with customer's approval for product with equal or Substitutions greater functionality and or lesser price. Substitute product must comply with the Trade Agreements ACt. Tax ID Number 54-1248422 htto://www. ~tsi.com/services/contracttcs.aspx?ShopperID=200b4b3a%2D lb20%2D415e%2Da04d%2Df38.., 3/28/2003 V.-CONSENT AGENDA ITEM B.2 CITY OF BOYNTON BEA( AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meetina Dates _' in to City Clerk's Office Meeting Dates in to City Clerk's Office [] ' April 1, 2003 March 17, 2003 (Noon.) [] June 2, 2003 May 19, 2003 (Noon) [] April 15, 2003 March 31,2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) [] May 6, 2003 April 14, 2003 (Noon) [] July 1, 2003 June 16, 2003 (Noon) [] May 20, 2003 May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: A motion to award "THE PURCHASE OF ONE (1) NEW AND UNUSED 125KW PORTABLE GENERATOR TO INCLUDE A TRAILER", Bid#053-2821-03/JA to CJ's SALES AND SERVICES of Ocala, Florida in the amount of $29,824.00. EXPLANATION: The purpose of this bid is to obtain a firm price for the purchase of one (1) 125KW generator to include a trailer to be used in Utility Department to provide emergency electrical power to our water supply wells. Specifications stipulated that the generator shall operate at 1800 rpm and at a voltage of 480 Volts AC, three phase, four wire 60 hertz, and the engine shall be diesel, 4 cycle, radiator and fan cooled. On May 13, 2003, Procurement Services opened five (5) bid proposals. The recommended vendor, CJ's Sales and Services, is considered to be the "lowest, most responsive, responsible bidder that meets the bid specifications. Bob Kenyon, Deputy Utilities Director, concurs with this request (see attached memo #03-081). PROGRAM IMPACT: This purchase is to replace the 125KW generator that was stolen. In addition, Procurement Services opened eight (8) bid proposals on May 20, 2003 for the "Purchase of Five (5) New and Unused 80KW Mobil Generators". This bid is currently under evaluation by Utilities Department and will be forthcoming to Commission for award. Two (2) of the 80KW Mobil Generators in the bid will be for replacement of stolen generators. FISCAL IMPACT: The replacement of the stolen 125KW Portable Generator will be reimbursed from the Risk Management Self-Insured Loss Account. The insurance company will pay up to $35,000 replacement cost for each generator, less the $500 deductible. Budget Account Estimated Expenditure 401-5000-590-96-02 $40,000.00 Deputy Director of Financial Services City Manager's Signature Procurement Services ~ ~ Department Name City Attorney / Finance / Human Resources S:~,BULLETIN~ORMSX, AGENDA ITEM REQUEST FORM.DOC MEMORANDUM R E C E I V E D Utilities #03-081 MAY 21 2003 PROC U..R.~( ~N",SERVlCES TO: Bill Atkins, Procurement Services FROM: Bob Kenyo~i' .~. cl~,'~ t~p~~' Deputy Utilities Dirffc~0~ DATE: May 20, 2003 SUBJECT: Bid #053-2821-03/JA 125 KW Trailer Mounted Generator Agenda Item We have reviewed the five (5) bids received for replacement of the emergency generator that was stolen in August 2002 fi.om the Water Treatment Division of the Utilities Department. Generators in this size group are used to provide emergency power for our wellfields. The lowest priced bid appears to meet all specifications and took no exceptions to any of the specifications. Consequently we recommend the bid be awarded to CJ's Sales and Service of Ocala, FL in the amount of $29,824.00 for a Katolight 125 KW trailer mounted generator. Funds are available for this purchase in account ~401-5000-590- 96.02, WTR017, and will be reimbursed fi.om the Risk Management Self-Insured Loss account. Please present this recommendation to the Commission for their approval. If additional information is needed, please contact me at ext. 6402. Attachment Xc: Dale Sugerman Barb Conboy Chuck Magazine Bob Lee John Reynolds File >.. >- >.. Z >.- >- 0 >- - Z Z '{ .~ ~ o_ ~ z W W LLI LLI ,~:: OD ,,, z · ~ om ~.o D =:_- =,- u. 13. O < z z <___ ~: ,-- ~~rr,,, 0 ~ ~== < ~Z w- w cO 0 o3 w '~' ~ LU ~ z ,-- '"i '"i ~ z ~ z - c~- ,,<, c~ < ~ ~ ~ ~ o o o THE DOCUMENTS BEHIND THIS PAGE MUST ACCOMPANY PR OPOSAL IN ORDER FOR SUBMITTAL TO BE' CONSIDERED COMPLETE AND ACCEPTABLE 36 BIDDER ACKNOWLEDGEMENT Submit Bids To: PROCUREMENT SERVICES 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone: (56 I) 742-6322 Broadcast Date: April 11,2003 Bid Title: "PURCHASE OF ONE (1) NEW AND UNUSED PORTABLE GENERATOR TO INCLUDE A TRAILER". Bid Number:. 053-2821-03/JA Bid Received By: May 13, 2003, NO LATER THAN 2:30 P.M. (LOCAL TIME) Bids will be opened in Procurement Services unless specified otherv,4se. Bid reeei~ date and time is scheduled for: May 13, 2003, no later than 2:30 P.M. (local time) and may not be withdrawn within ninety (90) days after such date and time. All awards made as a result of this bid shall conform to applicable sections of the charter and codes of the City. Name of Vendor: CJ' s Sales and Service, Inc. Federal I.D. Number: 59 - 2488285 A Corporation of the State of: Florida Area Code:, 3 5 2 Tel~phon~ln~ab~2. 7 3 2- 0 2 71 Area Code: 3 5 2 FAX Number: 7 3 2 - 0 2 2 5 Mailing Address: 132 NE 17thPlace City/State/Zip:' Ocala, FL 34470 ..~_ Vendor Mailing Date: 5 / 1 2 ~mmonzed S ~,,~re Glen D. Howard Name Typed THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL 37 PROPOSAL BLANK BID PROPOSAL TO THE CITY OF BOYNTON BEACH, FLORIDA To All Bidders: Date: 5 / 1 2 / 0 3 The undersigned declares that he has carefully examined the specifications and is thoroughly familiar with its provisions and with the quality, type and grade of product/service called for. When submitting more than one bid proposal price for this product and/or service, indicate how many individual and/or combination item(s) are to be tabulated and considered. Attach a separate proposal sheet for each. The undersigned proposes to deliver the product/service in accordance with the specifications for the sum of: PURCHASE OF ONE (I) NEW AND UNUSED 125 KW PORTABLE GENERATOR TO INCLUDE TRAILER: $ 2 9,8 2 4.0 0 TOTAL AMOUNT ALL PRICES F.O.B. BOYNTON BEACH It is further agreed that the product/service will be completed/delivered within 4 5 calendar days from the date of the Purchase Order from the City. Number of Bid Proposals.submitted 1 Specification "check-off' sheets (Pages ][-23) Submitted. Ye s Yes/No THIS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 38 OTHER SUBMITTALS TO BE INCLUDED: Proposer is to provide complete sets of the following information with proposal Manufacturer's product literature and performance data, sufficient to verify compliance to specification requirements. Ye s YES/NO A paragraph-by-paragraph specification compliance statement, describing the difference between the specified and the proposed equipment. Yes YES/NO Manufacturer's certification of prototype testing. Yes YES/NO Manufacturers published warranty documents. Yes YES/NO Shop drawings showing plan and elevation views with certified overall dimensions, as well as wiring interconnection details. Yes YES/NO Interconnection-wiring diagrams showing all external connections required; with field wiring terminals marked in a consistent point-to-point manner. Ye s YES/NO Manufacturer's installation instructions. No YES/NO Katoliqht SP125FRJ4 GENERATOR MANUFACTURER GENERATOR MODEL JRS 7000 Series TRAILER MANUFACTURER TRAIL.ER MODEL- COMPANY NAME sIGNeTURE ~ Glen HOward PRINTED NAME (352). 732-0271 Sales Manager TELEPHONE NUMBER TITLE THIS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 39 NONCOLLUSION AFFIDAVIT OF PRIME BIDDER State of FLorida ) County of Marion ) Glen D. Howard , being first duly sworn, deposes and says that: 1) Heis Sales Manager of CJ's Sales and Service, Inc, (Title) (Name of Corporation or Firm) the bidder that has submitted the attached bid: 2) He is fully informed respecting the preparation and contents of the attached bid and of all pertinent circumstances respecting such bid; 3) Said bid is genuine and is not a collusive or sham bid; 4) Further, the said bidder nor any of its officers, parmers, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other bidder, firm or person to submit a collusive or sham bid in connection with the Contract for which the attached bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communications or conference with any other bidder, firm or person to fix the price or prices in the attached bid or of any other bidder, or to fm any overhead, profit or cost element of the bid price or the bid price of any other bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Boynton Beach (Local Public Agency) or any person interested in the proposed Contract; and 5) The price or prices quoted in the attached bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the~p .art ofth¢ bidder~r any of its agents, representatives, owners, ' ' ' employees, or pan,es ~n.~teres~nclu&ng th~s affiamx (s Subscribed and sworn to be. fora me~ My commission expires _"~./ ) 73/),: )q THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE ER~res M~rc~ 23, ANTI-KICKBACK AFFIDAVIT STATE OF FLORIDA ) · SS COUNTY OF PALM BEACH ) I, the undersigned hereby duly sworn, depose and say that no portion of the sum herein bid will be paid to any employees of the City of Boynton Beach as a commission, kickback, reward of gift, directly or indirectly by me or any member of my firm or by an officer of the~cp_rp.o.ffition. Sworn and subscribed before-me this Printed Information: Glen D. Howard NAME Sales Manager TITLE NOTARY PUBLIC, State of FIorida at Large ca' s Sales andService, Inc. COMPANY f. Robert M Jone~ Jr "OFFICIAL NOTARY SEAL" STAMP THIS PAGE TO BE SUBMI'I'FED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 41 CONFIRMATION OF MINORITY OWNED BUSINESS NOT APPLICABLE A requested form ~o be made a part of our flies for futura use and information. Please fill out and indicate in the appropriate spaces provided which category best describes your company. Return this form with your bid proposal sheet making it an official part of your bid response. ( ) AMERICAN INDIAN ( ) ASIAN ( ) BLACK ( ) HISPANIC ( ) WOMEN ( ) OTHER (specify) Do you possess a Certification qualifying your business as a "Minority Owned Business"? YES NO If YES, name the Organization from which this certification was obtained and date: Issuing Organization for Certification Date of Certification_ THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL 42 CONFIRMATION OF DRUG-FREE WORKPLACE IDENTICAL TIE BIDS Preference shalI be given to businesses with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the City of Boynton Beach or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: 1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangeva of drug abusein the workplace~ the .business' s policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), notify the employee that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drag abuse assistance or rehabilitation program if such is available in the employee's community by, any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of thLq section- the above requirements. ~. _~.~.~~/~~/~~ THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 43 The City of Boynton Beach Procurement Services 100 E. Boynton Beach Boulevard P. O. Box 310 Boynton Beach, Florida 33425-0310 Telephone: (561) 742-6320 FAX: (561) 742-6306 ADDENDUM #1 DATE: April 23, 2003 BID TITLE: "PURCHASE OF ONE NEW AND UNUSED 125KW PORTABLE GENERATOR TO INCLUDE TRAILER" BID NUMBER: 053-2821-03/JA THE FOLLOWING REFLECTS ADDITIONAL INFORMATION IN REGARD TO THE ABOVE MENTIONED BID. ITEM #1: SPECIFICATIONS- ENGINE ACCESSORIES AND FEATURES SHALL INCLUDE :Page 7 Second Item under Engine Accessories and Features (Minimum displacement shall be 504 cubic inches, with 6 cylinders). PLEASE DELETE THIS ITEM FROM THE BID. Please sign below to acknowledgereceilfit of the addendum. This page must be returned with proposal. your Bill Atkins Deputy Director of Financial Services /ja C: Utilities Central File Shelf Copies Demandstar. com File THIS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE The City of Boynton Beach Procurement Servic~ 100 E. Boynton Beach Boulevard l°. O. Box $ I0 Boynton Beach, Florida 33425-03 l0 Telephone: (561) 742-6320 FAX: (561) 742-6506 ADDENDUM//2 DATE: April 28, 2003 BID TITLE: "PURCHASE OF ONE (1) NEW AND UNUSED 125KW PORTABLE GENERATOR TO INCLUDE A TRAILER" BID NUMBER: 053-2821-03/JA This Addendum shall be attached to and made a part of the above named Request for Bid. The following items are issued to add to, modify, and clarify the Request for Bid. These items shall have full force and effect as the Request for Bid. Proposals to be submitted on the specified date shall conform with the additions and revisions listed herein. ITEM #1: SPECIFICATIONS - RATINGS: page 5 Second item under Ratings...change Altitude to 100 ft., and delete the meters. ITEM #2 SPECIFICATIONS - GENERATOR SET AC OUTPUT METERING: page 12 Item 6 - Both analog and digital metering are required. DELETE THIS ITEM FROM THE BID. ITEM//3 SPECIFICATIONS - POWER RECEPTACLES AND CABLES: page 23 Add: Generator shall incorporate a voltage reconnection switch which will Switch output voltage to either 277/480 volts three phase, or 120/240 volts three phase with on-quarter turn of handle. Please sign below to acknowledge receipt of the addendum. This page must be returned with your proposal. C~]~'' Sales~-~'~e, Inc. ~-'---'Si~a~e Date Bill Athas Depu~ Dir~tor of F~cial Semis /ja cc: utilities centr~ file shelf copies dem~ds~.com Please place an (x) on the blank line next to each item if a specification is met. If exception is taken (alternatives), bidder must explain using a separate sheet of paper. Bidder must submit specifications "check-off" sheets (Pages 3-23 ) with the proposal sheet in order for a bid to be considered. CODES AND STANDARDS: The generator set and its installation and on-site shall conform to the requirements of the following codes and standards: CSA C22.2, No. 14 - M91 Industrial Control Equipment CSA 282, 1989 Emergency Electrical Power Supply for Buildings EN50082-2, Electromagnetic Compatibility - Generic Immunity Requirements, Part 2: Industrial EN55011, Limit and Methods of Measurement of Radio Interference Characteristics of FCC Part 15, Subpart B IEC8528 part 4. Control Systems for Generator Sets IEC Std 80122, 801.3, and 801.5 for susceptibility, conducted,, and radiated. electromagnetic emissions IEEE446 - Recommended Practice for Emergency and Standby Power Systems for Commercial and Industrial Applications IEEE587 for voltage surge resistance Mil StR.461D - t993 Military Slandar& Eleclromagnetic~ Interfexenc,~teristic&, Mil Std 462D - 1993 Military Standard, Measurement of Electromagnetic Interface Characteristics ?(,. NEMA ICS10-1993 - AC Generator sets NFPA70 - National Electrical Code. Equipment shall be suitable for use in systems in compliance to Article 700, 701, and 702 ~. NFPA99 - Essential Electrical Systems for Health Care Facilities 4 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid Specifications Continued... NFPA110 - Emergency Standby Power Systems. The Generator Set Shall Meet All Requirements For Level 1 Systems. Level 1 prototype tests required by this standard shall have been performed on a complete and functional unit. Component level type tests will not substitute for this requirement. The entire control system of the generator set shall be UL508 listed and labeled. The genset shall be listed to UL2200 or submit to an independent third party certification process to verify compliance as installed. 5( The generator set manufacturer shall be certified to ISO 9001 International Quality Standard. The generator manufacturer shall have third party certification verifying quality assurance in design/development, production, installation, and service in accordance with ISO 9001. PRODUCTS: Generator set: Ratinl~s: The generator set shall operate at 1800 rpm and at a voltage of: 480 Volts AC, Three phase, Four-wire, 60 hertz. ~_ The generator set shall be rated at 125kW, 156 KVA at 0.8 PF, 125 rating, based on site conditions of: Altitude 6585f~. (2007 meters), ambient temperatures up to 104 degrees F (40 degrees C) ~ The genemto~ set mlmg shall be..basedon~emergency/standby servic,~. Performance: Voltage regulation shall be plus or minus 0.5 percent for any constant load between no load and rated load for both parallel and non-parallel applications. F--, Random voltage variation with any steady load from no load to full load shall not exceed plus or minus 0.5 percent. ~ Frequency regulation shall be isochronous from steady stateno load to steady rated load_ ?c~ Random frequency variation with any steady load from no load to full load shall not exceed plus or minus 0.25%. 5 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid Specifications Continued... The diesel engine-generator set shall be capable of single step load pick up of 100% nameplate KW and power factor, less applicable derating factors, with the engine- generator ~t at operating temperature. Motor starting capability shall be a minimum of 516 KVA. The generator set shall be capable of sustaining a minimum of 90% of rated no load voltage with the specified KVA load at near zero power factor applied to the generator set. The alternator shall produce a clean AC voltage waveform, with not more than 5% total harmonic distortion at full linear load, when measured from line to neutral, and with not more than 3% in any single harmonic. Telephone influence factor shall be less than 40. Construction: The engine-generator set shall be mounted on a heavy-duty steel base to maintain . alignment between components. The base shall incorporate a battery tray with hold-down clamps within the rails. ~ All switches, lamps, and meters in the control systems shall be oil-tight and dust-tight, and the enclosure door shall be gasketed. There shall be no exposed points in the control (with the door open) that operate in excess of 50 volts. Connections: The generator set load connections shall be composed of silver or tin plated copper bus bars, drilled to accept mechanical or compression terminations of the number and type of specified generator. x~ Sufficient lug space shall be provided for the use with cables of the number and size of specified generator. Power connections to auxiliary devices shall be made at the devices, with required protection located at a wall-mounted common distribution panel. 6 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid Specifications Continued... Generator set control interfaces to other system components shall be made on a common permanently labeled terminal block assembly Engine Accessories And Features Shall Include: The engine shall be diesel, 4 cycle, radiator and fan cooled. Minimum displacement shall be 504 cubic inches, with 6 cylinders. The horsepower rating of the engine at its minimum tolerance level shall be sufficient to drive the alternator and all connected accessories. Two cycle engines are not acceptable. Aa electronic governor system shall pmvidg.atttarlaatiq, j~$a~llrOllOll~ ~ r~ll_ The governing system dynamic capabilities shall be controlled as a function of engine coolant temperature to provide fast, stable operation at varying engine operating temperature conditions. The control system shall actively control the fuel rate and excitation as appropriate.to the state of the generator set. >(- Fuel rate shall be regulated as a function of starting, accelerating to start disconnect speed, accelerating to rated speed, and operating in various isochronous or parallel states. Skid-mounted radiator and at the generator air inlet, based on 0.5 in H20 external static head. Radiator shall be sized based on a core temperature, which is 20 degrees F. higher than the rated operation temperature, or prototype tested to verify cooling l~erformance of the engine/radiator/fan operation in a controlled environment. Radiator shall be provided with a duct adapter flange. The cooling system shall be filled with a 50/50 ethylene glycol/water mixture by the equipment manufacturer. ~ Rotating parts are to be guarded against accidental contact. Electric starter(s) must be capable of three, complete cranking cycles without overheating. 7 TItlS PAGE TO BE SUBMITrEI) ALONG WITIt PROPOSAL Iht ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid Specifications Continued... Positive displacement, mechanical, full pressure, lubrication oil pump. Full flow lubrication oil filters with replaceable spin-on canister elements and, dipstick level indicator. 7-- An engine driven, mechanical, positive displacement fuel pump. Fuel filter with replaceable spin-on canister element. Fuel cooler, suitable for operation of the generator set at full rated load in the ambient temperature specified shall be provided, if required for operation due to the design of the engine and the installation. Replaceable dry element air cleaner with restriction indicator. Flexible supplies and. return ~-ue~ lines... Engine mounted battery charging alternator, 40-ampere minimum, and solid-state voltage regulator. Coolant Heater: Engine mounted, thermostatically controlled, coolant heater(s) for each engine. Heater voltage shall be 110 Volts. The coolant heater shall be UL499 listed and labeled. ,_ The coolant heater shall be installed on the engine with silicone hose connections. ?(_ Steel tubing shall be used for connections into the engine coolant system wherever the length of pipe mn exceeds 12 inches. The coolant heater installation shall be specifically designed to provide proper venting of the system. x/ The coolant heaters shall be installed using quick disconnect/automatic sealing couplers to isolate the heaters for replacement of the heater element. The quick disconnect/automatic sealing couplers shall allow the_heater elemem to be replaced without draining the engine cooling system or significant coolant loss. 8 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid Specifications Continued... The coolant heater shall be provided with a 24VDC thermostat, installed at the engine thenn0stat-housing_ An AC power connection box shall be provided for a single AC power connection to the coolant heater system. The coolant heater(s) shall be sized as recommended by the engine manufacturer to warm the engine to a minimum of 100F (40C) in a 40F ambient, in compliance with NFPA110 requirements, or the temperature required for starting and load pickup requirements of this specification. Provide vibration isolators, spring/pad type, quantity as recommended by the generator set manufacturer. Isolators shall include, seismic restraints if required by ai~ location. Starting and Control Batteries shall be calcium/lead antimony type, 24 volt DC, sized as recommended by the engine manufacturer, complete with battery cables and connectors. Provide exhaust silencer(s) for each of size and type as recommended by the generator set manufacturer and approved by the engine manufacturer. The mufflers shall be critical grade. Exhaust system shall be installed according to the engine manufacturer's recommendations and applicable codes and standards. A UL listed/CSA certified 10-amp voltage regulated battery charger shall be provided for each engine-generator set_ The. charger may be located in an automatic transfer switch, or may be wall mounted, at the discretion of the installer. The Charger Input AC voltage and DC output voltage shall be as required by the manufacturer.. Chargers shall be equipped with float, taper and equalize charge settings. Operational monitors shall provide visual output along with individual~form C comams rated at 4 amps. 120 VAC, 30VDC for remote indication off 9 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid Specifications Continued... Loss of AC power- red light Low battery voltage - red light · High battery voltage - red light Power ON - green light (no relay contact) Charger shall include an Analog DC voltmeter and ammeter, 12 hour equalize charge AC Generator: xA The AC generator shall be; synchronous, four pole, 2/3 pitch, revolving field, drip-proof construction, single pre-lubricated sealed bearing, air cooled by a direct drive centrifugal blower fan, and directly connected to the engine with flexible drive disc. All insulation system components' shall meet NEMA MG1 temperature limits for Class H insulation system. x/,,. Actual temperature rise measured by resistance method at full load shall not exceed 105 degrees Centigrade. /v,x The generator shall be capable of delivering rated output (KVA) at rated frequency and power factor, at any voltage not more than 5 percent above or below rated voltage. A permanent magnet generator (PMG) shall be included to provide a reliable source of excitation power for optimum motor starting and short circuit performance. ~ The PMG and controls shall be capable of sustaining and regulating current supplied to a single phase or three-phase fault at approximately 300% of the rated current for not more than 10 seconds. The subtransiemt reactance, of tim alternator shall not excea~[. 12_ percem~ based,- on the~ standby rating of the generator set. Generator Set Control: )(,. The generator set shall be provided with a microprocessor-based control system that is designed to provide automatic starting, monitoring, and control functions for the generator set. 2<. The control system shall also be designed to allow local monitoring and control of the generator set. add remote monitoring and control as desc, ribeA in this spe, c, ifination. 10 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid Specifications Continued... S( The control shall be mounted on the generator set. The control shall be vibration isolated and prototype tested to verify the durability of ail components in the system under the vibration condition encountered. The Generator Set Mounted Control Shall Include The Following Features and Functions: Controls Switches: Mode Select Switch: The mode select switch shall initiate the following control modes. When in the RUN or Manual position the generator set shall start, and accelerate to rated speed and voltage as directed by the operator. "L_ In the OFF position the generator set shall immediately stop, bypassing all time delays. In the AUTO position the generator set shall be ready to accept a signal from a remote device to start and accelerate to rated speed and voltage. EMERGENCY STOP switch: ~ Switch shall be Red "mushroom-head" push-button. Depressing the emergency stop switch shall cause the generator set to immediately shutdown, and be locked out from automatic restarting. RESET switch: The RESET switch shall be. use~ to clear a fault and allow, restarting, the generator set after it has shut down for any fault condition. PANEL LAMP switch: "A Depressing. the panel lamp switch shall cause the entire pane[ to be lighted with DC control power. The panel lamps shall automatically be switched off 10 minutes after the switch is depressed, or after, the switch is depressed asecond, time- 11 THIS PAGE TO BE SUBMI'VFED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid Specifications Continued... Generator Set AC Output Metering: The generator set shall be provided with a metering set including the following features and functions: · ~ Analog voltmeter, ammeter, frequency meter, and kilowatt(KW) meter. ~- Voltmeter and ammeter shall display all three phase. Ammeter and KW meter scales shall be color coded in the following fashion: reading from 0-90% of generator set standby rating: green; readings from 90-100% of standby rating: amber, reading in excess of 100%; red. Digital metering set, 0.5% accuracy, to indicate generator RMS voltage and current, frequency, output current, output KW, KW-hours, and power factor. Generator output voltage shall be available in line-to-line and line-to-neutral voltages, and shall display all thre~-p~, voltages (line. to nealtral or lirm to line) simultanexmsly. x~ Both analog and digital metering are required. The analog and digital metering equipment shall be driven by a single microprocessor, to provide consistent readings and performance. Generator Set Alarm and Status Display: xt(~ The generator set shall be provided with alarm and status indicating lamps to indicate non-automatic generator status, and exiting warning and shutdown conditions. The lamps shall be high-intensity LED type. The lamp eonditio~ ~h~i~ be:e4~mrly apparent undex bright room lighting eonditions~ The generator set control shall indicate the existence of the following alarm and shutdown conditions on an alphanumeric digital' display panel. Low oil pressure (alarm) Low oil pressure (shutdown) Oil pressure sender failure (alarm) Low coolant temperature (alarm) 12 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid Specifications Continued... High coolant temperature (alarm) High coolant temperature (shutdown) Engine temperature sender failure (alarm) Low coolant level (alarm or shutdown - selectable) Fail to crank (shutdown) Fail to start/over crank (shutdown) Over speed (shutdown) Low DC voltage (alarm) High DC voltage (alarm) Weak battery (alarm) _ Low fuel-day tank (alarm) High AC voltage (shutdown) Low AC voltage (shutdown Under frequency (shutdown) Over current (warning) Over current (shutdown) Short circuit (shutdown) Overload (alarm) Emergency stop (shutdown) Provisions shall be made for indication of four customer-specified alarm or shutdown conditions. 13 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid Specifications Continued... --~ Labeling of the customer-specified alarm or shutdown conditions shall be of the same type and quality as the above-specified conditions. The ngn-automatic indicating tamp shall be red, and shall flash to indicate' that the generator set is not able to automatically respond to a command start from a remote location. Engine Status Monitoring: The following information shall be available from a digital status panel on the generator set control: Engine oil pressure (psi or kPA) Engine coolant temperature (de, gre~ For C) Engine oil temperature (degrees F or C) Engine speed (rpm) Number of hours of operation (hours) Number of starting attempts Battery voltage (DC volts) )<, The control system shall also incorporate a data logging and display provision to allow logging of the last 10 warning or shutdown indications on the generator set, as well as total time of operation, at various,loads, as a percent of the. standby, rating.-Of the. ~0~. set. Engine Control Functions: X: The control system provided shall include a cycle cranking system, which allows for user selecter[ crank tim~rest time,.and # of cycles.. Initial settings shall be for 3 cranking periods of 15 seconds each..with 15-second rest period between cranking periods. 14 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid Specifications Continued... The control system shall include an idle mode control, which allows the engine to run in idle mode in the RUN position only. In this mode, the alternator excitation system shall be disabled. The control system shall include an engine governor control, which functions to provide steady state frequency regulation as noted elsewhere in this specification. The governor control shall include adjustments for gain, damping, and a ramping function to control engine speed and limit exhaust smoke while the unit is starting. The governor control shall be suitable for use in paralleling applications without component changes. The control system shall include time delay start (adjustable 0-300 seconds) and time delay stop (adjustable 0-600 seconds) functions. The control system shall include sender failure monitoring logic for speed sensing, oil pressure, and engine temperature, which is capable of discriminating between failed sender or wiring components and an actual failure conditions. The generator set shall include an automatic digital voltage regulation system that is matched and prototype tested by the engine manufacturer with the governing system provided. The generator set shall be immune from mis-operation due to load-induced voltage waveform distortion and provide a pulse width modulated output to the alternator exciter. The voltage regulation system shall be equipped with three-phase RMS sensing and shall control buildup of AC generator voltage to provide a linear rise and limit overshoot. The system shall include a torque-matching characteristic, which shall reduce output voltage in proportion to frequency below a threshold of (58-59) HZ. The voltage regulator shall include adjustments for gain, damping, and frequency roll-off. Adjustments shall be broad range, and made via digital raise-lower switches, with an alphanumeric LED readout to indicate setting level. Rotary potentiometers for system adjustments are not acceptable. Controls shall be provided to monitor the output current of the generator set and initiates an alarm (over current warning) when load current exceeds 110% of the rated current of the generator set on any phase for more than 60 seconds. 15 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid Specifications Continued... The controls shall shut down and lock out the generator set when output current level approaches. the thermal damage point of the alternator (over current shutdown). The protective functions provided shall be in compliance to the requirements of NFPA70 article 445. Controls shall be provided to individually monitor all three phases of the output current for short circuit conditions. The control/protection system shall monitor the current level and voltage. The controls shall shutdown and lock out the generator set when output current level approaches the thermal damage point of the alternator (short circuit shutdown). The protective functions provided shall.be in compliance to the requirements of NFPA70 article 445. Controls shall be provided to monitor the KW load on the generator set, and initiate an alarm condition (over load) when total load on the generator set rating for in excess of 5 seconds. Controls shall include a load-shed control; to operate a set of dry contacts (for use in shedding customer load devices) when the generator set is overloaded. An AC over/under voltage monitoring system that responds only to true RMS voltage conditions shall be provided. The system shall initiate shutdown of the generator set when alternator output voltage exceeds 110% of the operator-setvoltage level for more than .10 seconds, or with no intentional delay when voltage exceeds 130%. Under voltage shutdown shall occur when the output voltage of the alternator is less than 85% for more than 10 seconds. A battery monitoringsystem shall be provided_which initiates.alarms when the DC control and starting voltage is less than 25VDC. During engine cranking (starter engaged), the low voltage limit shall be disabled, and if DC voltage drops to less than 14.4 volts for more than two seconds a."weak battery" alarm shall be initiated. 16 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid Specifications Continued... The generator set shall be provided with a mounted main line circuit breaker, sized to carry the rated output current of the genarator set on a continuous basis. The circuit breaker shall incorporate an electronic trip unit that operates to protect the alternator under all "over current" conditions, or a thermal-magnetic trip with other "over current" protection devices that positively protect the alternator under "over current" conditions. The supplier shall submit time "over current" characteristic curves and thermal damage curve for the alternator, demonstrating the effectiveness of the protection provided. Outdoor Weather-Protective Sound Attenuating Housing: The generator setshall be provided witha sound-attenualed housing.which allows ttm~. generator set to operate at full rated load in the ambient conditions previously specified. The enclosure shall reduce the sound level of the generator set while operating at full rated load to a maximum of 72 DBA at any location 7 meters frOm the generator set in a free field environment. 'X Housing configuration and materials used may be of any suitable design which meets application needs, except that acoustical materials used shall be oil and water resistant. No foam materials shall be used unless they can be demonstrated to have the same durability and life as fiberglass. The enclosure shall include hinged doors for access to both sides of the engine and alternator, and~,the~contml, eqmpm~t._ Key-locking and pad lockable door latches shall be provided for all doors. Door hinges shall be stainless steel. X The enclosure_shalLbe provided with an exhaust silencer,.which.,i~ mounted inside of the enclosure, and allows the generator set package to meet specified sound level requirements. V,, Silencer and exhaust shall include a. raincap and r~eld. )( All sheet metal shall be primed for corrosion protection and finish painted with the manufacturers standard colors. 17 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid Specifications Continued... 3(_ All surfaces of all metal parts shall be primed and painted. Painting. of hoses, clamps, wiring harnesses, and other non-me, tallic service parts shall not be acceptable. Fasteners used shall be corrosion resistant, and designed to minimize marring of the painted surface when removed for normal installation or service work. OPERATION: Sequence of Operation: Generator set shall start on receipt of a start signal from remote equipment. The start signal, shall be.via hardwired connection to th~ generator, set cmm~ ami.,,. redundant signal over the required network connection: X. The generator set shall complete a time delay start period as programmed into the control. ~(- The generator set control shall initiate the starting sequence for the generator set. The Starting Sequence Shall Include The Following Functions: The control system shall verify that the engine is rotating when the starter is signaled to operate. If the. engine, doea not rotamafler, two. attempts, the control s~:shall, shin down, and lock out the generator set, and indicate "fail to crank" shutdown. The engine shall fire and accelerate as quickly as practical to start disconnect speed. /(, If the engine does not start, it shall complete a cycle cranking process as described elsewhere in.thLq sp~ifie~aticm ~ If the engine has not started by the completion of the cycle.eranking sequence,_it shall be shut down and locked out, and the control system shall indicate, "fail to start". t8 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid Specifications Continued... The engine shall accelerate to rated speed and the alternator rated voltage. Excitation -shall be disabled until the engine has exceeded programmed idle. speed, anc[ regulated to prevent over voltage conditions and oscillation as the engine accelerates and the alternator builds to rated voltage. On reaching rated speed and voltage, the generator set shall operate as dictated by the control system in isochronous, synchronize, load share, load demand, or load govern state. When all start signals have been removed from the generator set, it shall complete a time delay stop sequence. The duration of the time delay stop period shall be adjustable by the operator. On completinnof the time_del~y StOp p~iod,-~~-~~ ~swiI~xoff. tlag~ excitation system and shall shut down. Any start signal received after the time stop sequence has begun shall immediately terminate the stopping sequence and remm the generator set to isochronous operation. OTHER REQUIREMENTS: Submittals: Proposer is to provide complete sets of the following information with proposal Manufacturer's product literature and performance data, sufficient to verify compliance to specification requirements. A paragraph-by-paragraph specification compliance statement, describing the difference Manufacturer's certification of prototype testing. Manufacturers published warranty documents. Shop drawings showing_plan and elevation views with certified, overall dimensions,.. as well as wiring interconnecfion details. ~ Interconnection-wiring diagrams showing all external connections required; with field wiring terminals marked in a consistent point-to-point manner. Manufacturer's installation instructions. 19 THIS PAGE TO BE SUBMI'UYED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid Specifications Continued... Factory Testing: The generator set manufacturer shall perform a, comple, m opexational test on tl~ge, neamor set prior to shipping from the factory. ~ A certified test report shall be provided. ~:~ Equipment supplied shall be fully tested at the factory for function and performance. ~. Factory testing may be witnessed by the owner and consulting engineer. 7(.. Costs for travel expenses will be the responsibility of the owner and consulting engineer. ~ Supplier is responsible to provide two weeks notice for testing. Genexa-t°r set factory t~ta °n tim equipmemshallt i~ percamneat at rat~['l~ ~ ~ '' power factor. ~' Generator sets that have not been factory tested at rated power factor will not be acceptable. Tests shall include.; run at full load, maximum power, voltage, regulation, transhmt and steady-state governing, single step load pickup, and function of safety shutdowns. Installation: Equipment shall be installed by the contractor in accordance with final submittals and contract documents. Installation shall comply.with applicable~state, an{t.loca[code~. · Install equipment in accordance with manufacturer's instructions and instructions included in the listing of labeling of UL listed products. Installation of equipment shall include furnishing and installing all interconnecting wiring between allmajor eatuipmempro¥ide, d for the on-sim power system The contractor shall also perform interconnecting wiring between equipment sections (when required), under the supervision of the equipment supplier. ~ Equipment shall be initially started and operated by representatives of the manufactm'er. All equipment shall be physically inspected for damage. 20 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid Specifications Continued... ~( Scratches and other installation damage shall be repaired prior to final system testing. Equipmem shall be thoroughly cleaned, to remove ~fl! dirt and eonstruefon debris prior to initial operation and final testing of the system. On-Site Acceptance Test: The complete installation shall be tested for compliance with the specification following completion of all site work. Testing shall be conducted by representatives of the manufacturer, with required fuel supplied by Contractor. The Engineer shall be notified in advance and shall have the option to witness the tests. Installation acceptance tests to be conducted on-site shall include a"cold sm~ test, a ' two-hour full load test, and a one step rated load pickup test in accordance with NFPA 110. Supplier shall provide a resistive load bank and make temporary connections for full load test, if necessary. X Supplier shall perform a power failure test on the entire installed system. This test shall be conducted by opening the power supply from the utility service, and observing proper operation of the system for at least 2 hours. )(~ Coordinate timing and obtain approval for start of test with site personnel. Training: The equipment supplier shall provide training for the facility operating personnel covering operation and maintenance of the equipment provided. X The training program shall be not less than 4 hours in duration and the class size shall be limited to 5 pea~ong ~(~ Training date shall be. coordinated with the facility owner. Service and Support: X The manufacturer of the generator set shall maintain service parts inventory at a central location, which is accessible to the service location 24 hours per day, 365 days per year. 21 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid Specifications Continued... The generator set shall be serviced by a local service organization that is trained and factory certified in generator set service. The sUPPlier shall maintain an inventory ofcriticat replacement parts at the local-service organization, and in service vehicles. )(~ The service organization shall be on call 24 hours per day, 365 days per year. x~ The manufacturer shall maintain model and serial number records of each generator set provided for at least 20 years. Trailer: JRS Custom Fabrication, Inc. Model #7000 Trailer Construction Features or Approved Equal. ,,/._ Frame Rail Material - 2" x 6" x 11 gauge rectangular tubing ,~ Cross Members - 6" Junior I-Beam. K. Top Deck - 1/8" Diamond Floor Plate X~ Mountain Rails for Genset - 3" Standard Channel _~ Tongue Material - 2" x 4" x 11 gauge rectangular tubing )(' Fenders - Heavy Duty Steel Plate K Stabilizer Jacks - Adjustable - 2" x 11 gauge square tubing ~3 Bottom Tank Sheet- 10 gauge smooth plate Double Walled Fuel Tank Specifications: Load Carrying Capacity (less fuel) 5,450 lbs. Deck Weight 28" (approx.) Empty Weight 1,550 lbs. (approx.) Frame Material - 2" x 6" x 11 gauge rectangular tubing Additional Features Included: Electric Brakes 2" Fixed Ball 2-5/16" Fixed Ball Coupler X · 30" x 36" 18" lockahle~c, able. Jtaol. box:. 22 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid Specifications Continued... Power Receptacles and Cables: Trailer Mounted GeneratorUnit Shall Be Equipped With Power gecel~c]e Mounted Orr The Exterior Of The Unit As Follows: One (1) Russell Stohl JRSA 2044 FR for 277/480 volts, three phase. One (1) Russell Stohl JRSA 1044 FR for 120/240 volts, three phase. Power Cables: Cables Shall Be Equipped As Follows: Cables shallbe coppex,.type G portable_ 1/04SIO cord. mtefl_for 600 volla: One (1) each female plug to mate with unit mounted receptacles One (1) each male plug to mate with City equipment. JPS2044FR for 480-volt connections and JPS 1044FR for 240 connections 23 THIS PAGE TO BE SUBMITYED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE BID NAME: "PURCHASE OF ONE (1) NEW AND UNUSED 125 KW PORTABLE GENERATOR TO INCLUDE A TRAILER" BID NUMBERi 053-2821-03/JA COMMISSION AGENDA: JUNE 3, 2003 BROADCAST LIST: 409 VENDORS - DEMANDSTAR 9 VENDORS - PROCUREMENT DATABASE BROADCAST LIST REPRESENTS VENDORS THAT WERE NOTIFIED OF THE BID OPPORTUNITY BY HAVING MEMBERSHIP IN DEMANDSTAR, OR COMPLETING A CITY VENDOR APPLICATION. PLANHOEDERS: 35 VENDORS PLANHOLDERS ARE VENDORS THAT OBTAINED A COPY OF THE BID DOCUMENTS EITHER BY DOWNLOADING FROM DEMANDSTAR, OR RECEIVED FROM PROCUREMENT SERVICES. BIDS: 5 VENDORS BIDS REPRESENT THE NUMBER OF PLANHOLDERS THAT ACTUALLY SUBMITTED BID PROPOSALS. ATTACHMENTS: PLANHOLDER LIST FROM DEMANDSTAR SHOWING VENDORS THAT OBTAINED A COPY OF THE BID DOCUMENTS. THIS IS AN ALL INCLUSIVE LIST...INCLUDING THOSE VENDORS NOTIFIED BY THE CITY. BROADCAST LIST FROM PROCUREMENT ACCESS DATABASE SHOWING VENDORS WHO WERE NOTIFIED BY INVITATION TO BID. NAME OF BID: "PURCHASE OF ONE (1) NEW AND UNUSED 125 KW PORTABLE GENERATOR TO INCLUDE A TRAILER", BID #: 053-2821-03/JA BROADCAST LIST - 9 VENDORS (PROCUREMENT DATABASE) I AAA EQUIPMENT SALES & SERVICE AAA GENERATOR & PUMP, INC. 2725 S.W. 69TM COURT 2546 FRANKLIN STREET MIAMI, FL 33155 FORT MYERS, FL 33901 CJ'S SALES & SERVICE DISCOUNT RENTAL SALES & SERVICE 132 N.E. 17TM PLACE 1014 S. CONGRESS AVENUE OCALA, FL 34470 WEST PALM BEACH, FL 33406 MIAMI DISCOUNT TOOL & HARDWARE PANTROPIC POWER PRODUCTS, INC. 1085 S.W. 67TM AVENUE 8255 N.W. 58TM STREET MIAMI, FL 33144 MIAMI, FL 33166 RINGHAVER EQUIPMENT CO. WALKER MILLER EQUIPMENT 9797 GIBSONTON DRIVE 4400 N. ORANGE BLOSSOM TRAIL RIVERVIEW, FL 33569 ORLANDO, FL 32804 WIZNET 360 N. CONGRESS AVENUE DELRAY BEACH, FL 33445 Planholders List - DemandStar by Onvia Page 1 of 2 Planholders List I~lember Name City of Boynton Beach Bid Number ITB-053-2821-03/.]A-0-2003/ja PURCHASE OF ONE(I) NEW AND UNUSED 125KW Bid Name PORTABLE GENERATOR TO INCLUDE TRAILER Number of Documents for this 3 (Not Including Plans) bid 35 Planholder(s) found. Doc Attributes Actions Supplier Name Phone Fax Count Pantropic Power Products (305) 592- (305) 471- 3 Documents 4944 0904 (352) 732- (352) 732- 3 Documents C.I's Sales & Service 0271 0225 (407) 562- (407) 562- 3 Documents DTE Energy Technologies 1357 1721 (813) 985- (813) 989- 3 Documents Bob Mitchell Associates 2642 3222 (352) 237- (352) 237- 3 1. Small Documents CK Power 7660 0855 Business (800) 423- (561) 845- 3 Documents ACTION BOLT AND TOOL CO. 0700 0255 (305) 247- (305) 247- 3 Documents Fb Suppressors, Inc. 3477 7995 (954) 428- (954) 360- 3 1. Small Documents OK GENERATORS 9990 7969 Business Cummins Southeastern Power 813-664-5831 813-628-4183 3 Documents Emergency Management Equipment 801-973-0801 801-973-0797 3 Documents Faitella Enterprises dba The Paint 772-465-5862 772-465-2751 3 1. Small Documents House Business VAN MOR INC 352-732-8524 352-351-2871 3 Documents Reagan Equiptment Co., Inc. 954-935-0006 954-935-0010 3 Documents (407) 359- (407) 359- 3 Documents Technology International, Inc. 2373 2372 ................. Paintsquare 800-837-8303 412-431-5428 3 Documents (800) 785- (800) 581- 3 Documents Construction journal.corn 5165 7204 (407) 299- (407) 578- 3 1. Small Documents Locke Well & Pump Co. 8888 1840 Business (800) 366- (407) 295- 3 1. Hispanic Documents Zabatt Inc 1323 2269 Owned (407) 888- (407) 251- 3 Documents Florida Detroit Diesel-Allison 1700 8336 http://www~demandstar.c~m/buyer/bids/P~anh~~der-List.asp?F=search&-PU=%2Fbuyer%... 5/30/2003 Planholders List - DemandStar by Onvia Page 2 of 2 STEWART'S ELECTRIC MOTOR (407) 859- (407) 859- 3 Documents i WORKS INC 1837 2584 (954) 977- (954) 977- 3 Documents Taw Power Systems 0202 9249 (813) 621- (813) 621- 3 Documents Air Components & Eq Inc 3087 1641 American Equipment~ (954) 971- (954) 972- 3 1. Small Documents 2506 7159 Business (800) 621- (813) 626- 3 Documents Posey Distributing Co. Inc. 6402 9387 B&M Equipment Rental And Sales, (352) 369- (352) 369- 3 Documents Inc. 8302 8303 (305) 854- (305) 854- 3 Documents Rb Grove.com 5420 8026 United Rentals Inc. 5616165000 5616168140 3 Documents TECO Energy Services 239-633-6340 239-690-5539 3 Documents 1. Hispanic Owned Gemini Power Systems, Inc. 727-563-9770 727-578-2015 3 2. Small Documents Business Superior Power Systems and 813-891-6400 813-891-6600 3 1. Small Documents Controls, Inc. Business (954) 581- (954) 583- 3 Documents L.B. Smith, Inc. 4744 0318 (561) 683- (561) 684- 3 Documents Kelly Tractor 1231 6461 (954) 804- (954) 442- 2 1. Small Documents Industrial Controls & Drives, Inc. 5732 5382 Business (800) 385- (954) 360- 2 Documents Ok Generators 3187 7969 1. Small The American Generator Company 4076288186 4076288919 2 Business Documents http://www.demandstar.c~m/buyer/bids/P~anh~~der-List.asp?F=search&-~PU=%2Fbuyer%... 5/30/2003 V.-CONSENT AGENDA O CITY OF BOYNTON BEA ITEM B.3. ': AGENDA ITEM REQUEST Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must ber-T, prne~L Meeting Dates ' in to Cit3' Clerk's Office Meeting Dates in to City Clerk's Ot~'~ ..... [] April 1, 2003 March 17, 2003 (Noon.) [] June 2, 2003 May 19, 2003 (Noon) "~.'~ [] April 15, 2003 March 31, 2003 (Noon) [] June l 7, 2003 June 2, 2003 (Noon) f,O [] May 6, 2003 April 14, 2003 (Noon) [] July 1, 2003 June 16, 2003 (Noon) ~ [] May 20, 2003 May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon) t~O ~ '~' [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: A motion to award "ANNUAL RE-BID FOR SUPPLY OF PVC SCHEDULE IRRIGATION SUPPLIES" BID#048-1412-03/JA to various vendors, as per staff's recommendatio~wi_~g_~i~ estimated expenditure of $40,000.00. ~- -< CONTRACT PERIOD: JUNE 18, 2003 TO JUNE 17, 2004 ~ EXPLANATION: The purpose of this bid is to establish firm prices for the purchase of various PVC piping.~sche'dh~ 40&80) to be used in irrigation installation/repairs. On April 30, 2003, Procurement Services received aunt, op~l: five (5) proposals. The evaluating factors used in determining the award was: price (in lots), availabilityj'deli~ time and warehouse processing time. This is a "Multi-Award" and all recommended vendors are considere~t~ bq~a~ lowest, most responsible, responsive bidders that meet specifications". Dominic De Mauro, Warehouse Manag6i,: concurs with these recommendations (see attached summary Tabulation Sheet). 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: This bid will allow Warehouse Division to order inventory for various PVC piping (schedule 40&80) for various departments, to be used in irrigation installation/repairs. Items to be ordered on "AS NEEDED BASIS". FISCAL IMPACT: BUDGET ACCOUNT #: ESTIMATED EXPENDITURE: 502-0000-14~ $40,00~y, ~" Deputy/Director of Financial Services N~ City Manager s Signature Procurement Services Department Name City Attorney / Finance / Human Resources SSBULLETIN~ORMSXAGENDA ITEM REQUEST FORM.DOC Distribution C: Dominic De Mauro - Warehouse Manager File The City of Boynton Beach Finance Department WAREHOUSE DIVISION TO: Bill Atkins, Deputy Director of Financial Services FROM: Dominic DeMauro, Warehouse Manager ~ DATE: May 21, 2003 SUBJECT: IRRIGATION SUPPLIES I reviewed the tabulation sheet sent from your office. The evaluating factor used was price, availability, delivery time and warehouse processing time. My recommendation is a multi award to low vendors. No consideration was given to TWC Distributors due to $200.00 dollar minimum. ADAPTERS National waterworks 1,2,3,4,5,6,7,8,9 SLIP CAPS National waterworks I 0,11,12,13,14 TREADED CAPS National Waterworks 15,16,17 45 SLIP ELBOW Boynton Pump 18,19,20,2122 Clamns National Waterworks 23,24,25 Counlin.~s National Waterworks. 26,27,28,29,30,31,32,33,34 Boynton Pump 35 ELL Natio hal Waterworks 36,37,38,39,40,41,42.43,44,45 NOZZLES RAINBIRD BovtlrOt~ Pump 46,47,48,49,50,51,52 NOZZLES RAINBIRD 1800 Boynton Pump 53,54,55,56,57 NOZZLES RAINBIRD VAIRABLE Boynton pump 58,59,60,61 Toro hit nozzles 570 Hughes supply 62,63,64,65,66,67,68,69,70,71,72,73 POLY NIPPLES Boynton pump 74,75,76 Pop ups Boynton pump 77,78,79,80,81,82,83,84,85,86 P.V.C. PIPE 20 FOOT SECTIONS HUGHES SUPPLY 87,88,89,90,91,92,93,94 RISERS Boynton Pump 95,96 S.!ip Tee & Accessories National Waterworks 97,98,99,100, I 01,102,103,104,105,106,107,108 SPLICE KIT Boynton pump 109,110 Swine oipe ells Hughes Supply 111,112,113,114,115 TELESCOPE Boynton Pump 116,117,118,119,120,121,122,123 P.V.C GLUE Hughes supply 124,125,126,127 SAWS National waterworks 128,129 Saw Blades Ryan Herco Products 130,131 Valves Boynton Pump 132,133,134 DIAPHRAGMS Hughes supply 135,136,137,138,139,, 140,141,142 DIAPHRAGMS Kits Hughes supply 143,144,145,146,147,148,149 Pressure Vacuum Breaker National Waterworks 150,151,152,153 Timers Boynton Pump 156,157,158,163,164 Hughes supply 155,159,160,165 No Bid 154,161,162 Miscellaneous Boynton Pump 166,167,168,169 Hughes supply 170,171 National Waterworks 172 Ryan Herco Products 173 SCHEDULE 80 ADAPTERS National Waterworks 174,175,176,177,178,179,180,181,182,183,184,185,186,187,188,189 SLIP TEE National Waterworks 190,191,192,193,194,195,196,197 ELBOW 90: National Waterworks 198,199,200,201,202,203,204,205,206 SLIP COUPLING National Waterworks 207,208,209,210,211,212,213,214 NIPPLES Ryan Herco 215,216,217,218 Slip Elbow 45 National Waterworks 219,220,221,222,223,224,225,226,227,228 Bushine Slip X Slip Ryan Her¢o 229,230,231,232,233,234,235 BBUSHING SLIP X THREAD National Waterworks 236,237,238,239,240,241,242 PIPE SCH 80 Ryan Herco Products 243,244,245,246,247,248 SLIP CAPS National waterworks 249,250,251,252 In addition to the over low prices. The following venders are offering a discount for items not listed on this bid. Boynton Pump 70% National Waterworks 40% ~ ~ :: ::"!~: · ~ ~ ~ o, o mgm 'ONI 'S~O.LFISI~J.I.SIQ ONL.I. d~JO0 'S.LOR(30~d O0~3H NVA~ ONI '$)I~OM~:JJ.VM -IVNO.LVN 'ONI ,,k-lddnS S~tHgnH NOI.I.VE)I~I'~ dlAIl'ld NOJ. N,LOE] I.I. -->- <emo ,'Ti zZ ~,', ~o '3NI 'S~O/~aI~/SIQ OAM. d~OO'S£OflQO~d O0~3H N¥~ ONI 'S~I~OM~:IJ.¥M -1VNOJ.VN 'ONI 'SaO.LrlSl~lJ. SlCl OM.L cl~lO0 'S.LOnOOad O0~:IH NYA~ ONI '$~I~IOMa:IIYM -IYNOJ.¥N i~ ~ 'ONI AqddrlS S~HgnH N011¥91~1~' alit'il'id NO/NAO~t ~-~j o ~_~_ 'ONI 'S~O.1.N81~1.1.$10 ONLL cl~lOO 'S.LONC]O~Icl OO~IBH ONI 'SN~O/~A~I::I.I.VAA "IVNO/VN 'ONI ,~,'lddnS S::IH~DI'IH NOI/VgI~I'~' dlHl'ld NO.J. NAO~] o~ .O.o ~<~ 'ONI 'S~OJ.I"I~II~.LSIC] OM.L d~OO'S±ONaO~d OOa3H ONI 'S)'I~OM~I:IJ.¥M -IYNO.LVN 'ONI 'S~OIN8I~.LSla OMJ. ,d~lOO 'S.I. ON(30~Jd O0~3H N¥,K~ ONI 'S),I~OAA~:I.I.VAA -IVNO.LVN 'ONI ,k-lddnS S:IHE)nH NOI/V~DI~81~ dlNrld NO/NAOI3 Il. ~>- ~z~ '3NI 'S~O/rlSI~IISIC] 3M J- daoo's±onaoad OOMPH ONI 'SN~OM~I:IJ.¥M 'IYNOJ.¥N 'ONI A-IddNS S::IHgnH NOI/V~I~I~' d~nd NOINAOa O03 ~L ~ >- ',~ ,',5~ " ~z'~ ~ ,~a3o ~ __g_. ~' 'ONI 'S~O£~SI~ISIO OML daOO'SIONaO~d OOa3H NVA~ ONI 'SN~OM~BiYM qVNO±VN 'ONI 'S~O.I. rIIBI~ISIQ OMJ. d~OO 's/orl(30~ld OOaqH NVA~J ONI 'S),I~OM~I::IJ.VM -IYNO.LYN 'ONI 'S~OJ. N81~/SIO O/Vd. d~OO'S±ONaO~d OOMPH NYAa ONI 'SN~OM~iYM qYNO/¥N 'ONI A,']ddrlS S::IH~Df'IH NOI.I.¥91EI~I'~ d~nd NO.LNA, O~ .-1 -.I BID NAME: "ANNUAL BID FOR PVC SCHEDULE 40 & 80 IRRIGATION SUPPLIES" BID NUMBER;. 048-1412.03/JA COMMISSION AGENDA: JUNE 3, 2003 BROADCAST LIST: 809 VENDORS - DEMANDSTAR 21 VENDORS - PROCUREMENT DATABASE BROADCAST LIST REPRESENTS VENDORS THAT WERE NOTIFIED OF THE BID OPPORTUNITY BY HAVING MEMBERSHIP IN DEMANDSTAR, OR COMPLETING A CITY VENDOR APPLICATION. PLANHOLDERS: 34 VENDORS PLANHOLDERS ARE VENDORS THAT OBTAINED A COPY OF TI-tE BID DOCUMENTS EITHER BY DOWNLOADING FROM DEMANDSTAR, OR RECEIVED FROM PROCUREMENT SERVICES. BIDS: 5 VENDORS BIDS REPRESENT THE NUMBER OF PLANHOLDERS THAT ACTUALLY SUBMITTED BID PROPOSALS. ATTACHMENTS: PLANHOLDER LIST FROM DEMANDSTAR SHOWING VENDORS THAT OBTAINED A COPY OF THE BID DOCUMENTS. THIS IS AN ALL INCLUSIVE LIST...INCLUDING THOSE VENDORS NOTIFIED BY THE CITY. BROADCAST LIST FROM PROCUREMENT ACCESS DATABASE SHOWING VENDORS WHO WERE NOTIFIED BY INVITATION TO BID. NAME OF BID: "ANNUAL BID FOR PVC SCHEDULE 40 & 80 IRRIGATION SUPPLIES", BID #: 048-1412-03/JA BROADCAST LIST - 21 VENDORS (PROCUREMENT DATABASE) A & B PIPE SUPPLY ! ACE PUMP AND SUPPLY 6500 N.W. 37TM AVENUE 6013 JOHNSON STREET MIAMI, FL 33147 HOLLYWOOD, FL 33024 B & A CONSTRUCTION SERVICE GROUP BOYNTON PUMP & IRRIGATION SUPPLY 12380 .S.W. 130TM STREET 7700 HIGH RIDGE ROAD MIAMI, FL 33186 BOYNTON BEACH, FL 33462 CHEM-TAINER INDUSTRIES, INC. CORCEL CORP. 361 NEPTUNE AVENUE 2461 N.W. 23P'v STREET WEST BABYLON, NY 11704 MIAMI, FL 33142 FERGUSON WATERWORKS GE SUPPLY 2361 N.W. 22tqr~ STREET 1000 N.W. 33lm STREET POMPANO BEACH, FL 33063 POMPANO BEACH, FL 33064 GRAYBAR ELECTRIC CO. HUGHES SUPPLY 1871 OLD OKEECHOBEE ROAD 1600 OLD OKEECHOBEE ROAD WEST PALM BEACH, FL 33409 WEST PALM BEACH, FL 33409 JAFFER ASSOCIATES, LTD JOHN DEERE LANDSCAPES 2801 N,W. 6TM AVENUE 1360 W. 53P'I~ STREET, SUITE B MIAMI, FL 33127 MANGONIA PARK, FL 33407 LOWE'S HOME IMPROVEMENT WAREHOUSE MAINTENANCE WAREHOUSE 1500 CORPORATE DRIVE 10641 SCRIPPS SUMMIT COURT BOYNTON BEACH, FL 33426 SAN DIEGO, CA 92131 PROFESSIONAL SUPPLY RYAN HERCO PRODUCTS 5i30 N.W. 77TM STREET 1310 CENTRAL FLORIDA PARKWAY BOCA RATON, FL 33487 ORLANDO, FL 32837 SAVEMOR SUPPLY CO. SUNSH/NE PLUMBING SUPPLY, INC. 5485 N.W. 22rqD AVENUE 2001 - A AUSTRALIAN AVENUE FT. LAUDERDAI.E, FL 33309 RIVIERA BEACH, FL 33404 U.S. FILTER DISTRIBUTION LEHMAN PIPE 1101 W. 17TM STREET 230 N.W. 29TM STREET RIVIERA BEACH, FL 33404 MIAMI, FL 33127 TWC DISTRIBUTORS, INC. 240 FIELD END ROAD SARASOTA, FL 34240 Planholders List - DemandStar by Onvia Page 1 of 2 Planholders List Member Name City of Boynton Beach Bid Number ITB-048-1412-03/JA-0-2003/ja RE-BID FOR: "ANNUAL SUPPLY OF PVC SCHEDULE Bid Name 40&80 IRRIGATION SUPPLIES" Number of Documents for this 1 (Not Including Plans) bid 34 Planholder(s) found. Doc Attributes Actions Supplier Name Phone Fax Count Information Technology & Data (407) 846- (407) 847- 1 1. Small Business Documents Solutions, Inc. 4636 6782 2. Woman Owned Constructionjournal.com (800) 785- (800) 581- 1 Documents 5165 7204 (954) 981- (954) 963- 1 Documents ACE PUMP & SUPPLY 7424 2289 (850) 484- (850) 474- 1 Documents Piping And Equipment Inc 3994 0552 (305) 636- (305) 441- I 1. Woman Owned Documents Corcel Corp 1880 1823 (305) 691- (305) 696- i Documents A & B PIPE SUPPLY INC 5000 6810 (813) 989- (813) 988- 1 Documents Ferguson Underground 3082 6853 Maintenance Warehouse a Home (813) 933- (813) 933- i Documents Depot Company 8435 8745 (512) 733- (512) 733- 1 1. Woman Owned Documents Sole Proprietor 1213 1372 (954) 781- (954) 781- 1 Documents Southeastern Pump 8400 8434 Mckesson Medical-Surgical (800) 328- (800) 237- i Documents Minnesota Supply Inc 8111 9766 LANDSCAPE SERVICE (954) 340- (954) 340- 1 1. Small Business Documents PROFESSIONALS INC 3680 5358 2. Woman Owned (770) 255- (770) 442- i Documents John Deere Landscapes 2151 3411 ................ (407) 296- (407) 296- 1 Documents Harrington Industrial Plastics, Inc. 3338 9318 (561) 533- (561) 533- i Documents Boynton Pump & Irrigation Supply 1441 1514 (407) 855- (407) 851- I Documents Ryan Herco Products 7544 2176 -- (954) 733- (954) 733- 1 1. African Documents WS Sod and Landscaping 3360 3025 American Owned http://www.demandstar.c~m~uyer/bids/P~anh~der-List.asp?F=search&-PU=%2Fbuyer%... 5/30/2003 Planholders List - DemandStar by Onvia Page 2 of 2 1. Small Business Northeast Florida Wholesale (904) 237- (904) 845- 1 2. Veteran Owned Documents Distributors 8330 4991 3. Woman Owned (850) 567- (850) 555- 1. African )ocuments Industrial & Municipal Supply 6391 5555 1 American Owned Southern Instruments & Control 386-427- 386-426- i 1. Small Business Documents Systems, Inc. 3963 0762 Consolidated Pipe & Supply 2292265:1.79 2292271425 1 Documents Company 941-371- 941-377- TWC Distributors, Inc. 4221 8471 i Documents 904-827- 904-827- 1 Documents MARSH & MOORE 8788 8795 1. African Prime solutions Inc (954) 964- 954-964- i American Owned Documents 8778 8577 2. Small Business United Rentals Inc. 5616165000 5616168140 I Documents 954-583- 954-587- 1 Documents Savemor Supply Co. 2999 3195 Lowe's Home Improvement (561) 733- (561) 733- I Documents Warehouse 1397 3402 (813) 247- (813) 247- i Documents Cole Industrial 8, Tech Supply 4900 2233 (813) 247- (813) 247- 1 Documents Cole Industrial & Tech Supply 4900 2233 (954) 742- (954) 742- I Documents Tod's Irrigation Supply 5146 5298 (954) 742- (954) 742- I Document: Tod's Irrigation Supply 5146 5298 (561) 640- (561) 616- 1 Documents Hughes Supply 2941 0659 (561) 640- (561) 616- I Documents Hughes Supply 2941 0659 1. Hispanic Owned Documents ;PARE BUSINESS CORPORATION ~105 387 3508 305 386 3103 i i2. Small Business http ://www.demandstar.~~m/buyer/bids/P~anh~~der-List.asp ?F=search&-PU=% 2Fbuyer%... 5/30/2003 V.-CONSENT AGENDA ITEM B.4. CITY OF BOYNTON BEA£ AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned M~etin~ Dates _' ~ M~etin(, Dates in to City Clerk's Office [] April 1. 2003 ~,~a~ch 17, 2003 (Noon.) [] June 3. 2003 May 19, 2003 (Noon) [] April 15, 2003 March 31, 2003 (Noon) [] June 17. 2003 June 2, 2003 (Noon) [] May 6, 2003 April 14, 2003 (Noon) [] July 1, 2003 June 16, 2003 (Noon) [] May 20, 2003 May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code CompliancefLegal Settlements [] Unfinished Business RECOMMENDATION: Award a three year contract for Financial Auditing Services, ~1-1410-03/CJD to: Caler, Donten, Levine, Druker, Porter & Veil, P.A. of West Palm Beach, Florida for the fiscal years ended 9/30/03, 9/30/04, and EXPLANATION: On May 20, 2003, Procurement Services opened eight (8) proposals for the Financial Auditing Services for the City of Boyntoa Beach. The proposals were reviewed by an audit selection committee COllsisting of Diane Reese, Finance Director; Steve Davis, Asst. Finance Director/Audit Mgr; Mary Munro, Budget Coordinator; and Bill Atkins, Deputy Finance Director. Each proposal was reviewed and scored by each committee member. A summary of the scorings for the top three (3) scorers are as follows: Cider, Donten, Levine Nowlln, Holt & Miner Rachlin, Cohen & Hoitz Proposers Expertise/Experienco 3S 30 23 Audit Approach 3S 2S 20 Office located in PB County 20 20 20 Price Propoeai S 7 4 Each member of the committ~ stated in their remarks during the Public Meettn~ held to announce the results of the reviews that they had placed si~niflcant emphasis on the amount of time Partners and Sr. management would be spendin~ on our job. With the required implementation of GASB 34 during this fiscal year we felt it was extremely important to have exporienced managers performing a major amount of the hands on analysis. All of the staff from Caler, Donten, Levin~ have S or more years of experience performing governmental audits and all are CPA's. Detailed score sheets are attached for your review. PROGRAM IMPACT: State Statues mandates that each governmental agency have an independent audit performed at the end of each fiscal year, and the report sent to the Auditor General's Office within 120 days after the fiscal year end. In 1999 the Governmental Accounting Standarc~ Board (GASB) issued a new pronouncement that made significant changes to the reporting criteria governments must use in reporting their year-end financial data. The implementation schedule for GASB 34 was phased in over a thre~ year period based on the size of your government agency's total revenues. The City of Boynton Beach must implement GASB 34 for the Fiscal Year ending 9/30/03. Based on this requirement the audit selection commitxee felt it was important to have auditors who have implemented GASB 34 in other governmental agencies and whose audit team for the City would have considerable training relative to GASB 34. Calm', Donten, Levine's partners will be personally completing 45% of the audit work and will be reviewing all work their Jr. Staff performs. They have assisted implementing GASB 34 at four (4) of their clients. S:~BUI .LwF1NXI~RMS~G£NDA ITEM REQU~T I~RM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM FISCAL IMPACT: .Total 'cost for the audit is as follows: -- 2002f2003 $84,800 2003/2004 $87,350 2004/2~ $89,950 Th~ City paid $89,500 for th~ audit for the fiscal year ended 9f30/02. ALTERNATIVE~: The Audit Selection Committee believes they have selected an audit firm who can perform the audit for the City as well as assist us with the implementation of GASB 34 requirements. With the year end fast approaching we believe it is Imperative to have the contract with Caler, Donten, Levine approved at the June 17, 2003 Commi~on meeting so we can immediately being to plan interim audit w~edule year end work. l~p~-'tm~nt I-I~l's Sismtur~ Civ/Mam~'~ $i~natur~ Department Name City Attorney / Finance / Human Resources S:~B~RMS~,AGENDA FI'EM REQUEST FORM.DOC RESOLUTION NO. R03- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE AWARD OF RFP #061-1410-03/C/D TO CALER, DONTEN, LEVINE, DRUK.E~ PORTER & VEIL, P.A., PROVIDING FOR A THREE YEAR CONTRACT FOR FINANCIAL AUDITING SERVICES; AUTHORIZING THE EXECUTION OF A CONSULTANT AGREEMENT BETWEEN THE PARTIES; AND PROVIDING AN EFFECTIVE DATE, WItEREAS, on May 20, 2003, Procur~nent Services opened eight ($) proposals for the Financial Auditing Services for the City of Boynton Beach, which were then reviewed by an audit committee; and WHEREAS, each proposal was reviewed and scored and based on that review Caler, Donten, Levine, Druker, Porter & Veil, P.A., was the highest ranked proposal; and WHEREAS, upon recommendation of staff, the City Commission of the City of Boynton Beach does hereby approve the award of RFP No. 061-1410-03/CJD to Caler, Donten, Levine, Druker, Porter & Veil, P.A. NOW, THEREFORE, BE IT .RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: ~ The City Commission of the City of Boynton Beach, Florida, hereby approves the award of RFP No. 06 I-1410-03/CJD to Caler, Donten, Levine, Druker, Porter & Veil, P.A., for a three year contract for financial auditing services. Section 2. That the City Manager is hereby directed to execute a S:\CA\RESO~greements~Bid Awards~wam of RFP - Financial Services.doc Consultant Agreement between the City of Boynton Beach and Caler, Donten, Levine, Dmker, Porter & Veil, P.A., a copy of which is attached hereto. Section 3. That this Resolution shall become effective immediately. pASSED AND ADOPTED this ~ day of June, 2003. crrY OF BOY'NTON BEACH, FLOKIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk (Corporate Seal) S:\CA~RESO~,greem~ts~Bk:l Av~r~s~Awa~ of RFP - Financial Services.doc CONSULTANT AGREEMENT TI-~S AGREEMENT, entered into this 18th day of June, 2003, between the City of Boynton Beach, a political, sulxtivision of the State of Florida, hereinafter referred to as the "CITY", and CAI .I::R, DoNTEN,.LEVINE, DRUKER, PORTER & VEIL, P.A., a Florida Corporation, authorized to do business in the State of Florida, hereinafter referred to as the "AUDITOR". 1. SCOPE OF EXAMINATION: (a) The AUDITOR will audit the CITY'S general purpose financial statements in accordance with generally accepted auditing standards, Section 11.45, Florida Statutes, and Chapter 10.550 of the rule of the Auditor General. (b) The scope of the audit shall include all entities operating under the CITY and all audits now required by State and Federal authorities, including those under the Single Audit Act of 1984 (compliance audits). (c) The financial and compliance audits shall be in accordance with ail State - and Federal laws and regulations relating to audit standards, requirements and guidelines. The term of the agreement shall be for the period of three (3) years to cover the fiscal years September 30, 2003, September 30, 2004, and September 30, 2005. This contract can be extended for two (2) additional one (1) year periods for the fiscal years ending September 30, 2006 and September 30, 2007 upon mutual consent of the parties. Such extension shall be in writing executed by both parties. 3. TIMING OF TIlE WORK: (a) AUDITOR shall use reasonable efforts, subject to laws, regulations and professional standards applicable to complete the services required in accordance with dates to assure completion for the Comprehensive Annual Financial Report (CA_b-'R) for meritorious review, but no later than the time allocated by Section 11.45 Florida Statutes and Chapter 10.550 of the rules of the Auditor General. (b) CITY understands that the proper and timely completion of AUDITOR'S services hereunder require the reasonable cooperation of CITY, its agencies, and their respective officers, directors, employees, other 29 personnel and agents. CITY agrees to provide all such reasonable cooperation requested by AUDITOR and agrees to be responsible for the performance of the officers, directors, employees, other personnel and agents of the CITY and its agencies. Failure to provide the assistance agreed to by the AUDITOR and CITY at the commencement of or during · ' audit field work shall be cause for extension of deadlines and/or additional - compensation to the AUDITOR at the average hourly rate stipulated in the contract. (c) AUDITOR may make reasonable use of CITY data processing facilities to perform testing and sampling techniques in connection with the audit, with the realization that data personnel must be given consideration to effectively perform day-to-day requirements. 4. COMPENSATION: (a) Compensation for the audits, as defined in Section 1, shall be $ 84,800.00 for fiscal year 2003 $ 87350.00 for fiscal year 2004 $ 89,950.00 for fiscal year 2005 (b) AUDITOR will invoice the CITY for work performed under this agreement for Fiscal Year 2003 and each succeeding year on the basis of the percentage of the work completed. AUDITOR'S final invoice shall indicate the distribution of the total fee to the various fund accounts as requested by the Finance Department. It is expressly understood that any incidental or out-of- pocket costs incurred by AUDITOR are covered by the total compensation and are not to be billed separately. Invoices received from the AUDITOR pursuant to this agreement will be reviewed and approved by the Finance Department, indicating that services have been rendered in conformity with the agreement. 5. CHANGES IN SERVICES: CITY and AUDITOR recognize that the scope of services and compensation under this agreement are predicated upon current audit requirements imposed by laws, regulations and professional standards relating to such services. CITY and AUDITOR further recognize that the scope of services and compensation under this agr~ment are predicated upon expectations of reasonable cooperation with AUDITOR by CITY pursuant to this agreement, and the absence of any irregularities or extraordinary circumstances which might necessitate the extension of audit services beyond the normal scope of auditing services. Should irregularities, the absence of such reasonable cooperation, increase in the level of services required under applicable law, regulations or professional 30 standards, or other unforeseen conditions be encountered which rmght necessitate the extension of auditing work beyond the scope of normal auditing procedures, AUDITOR agrees to advise CITY promptly in writing of the circumstances and to request an equitable adjustment in the maximum fee before significant additional time is incurred by AUDITOR. Any such requests for adjustments shall be in Writing and shall contain a detailed explanation of why the adjustments are ffecessary. CITY and AUDITOR agree to negotiate in good faith to determine an equitable adjustment in the maximum fee. Should CITY and AUDITOR be unable to agree upon an equitable adjustment within 14 days of AUDITOR'S written request, or such other tie period aa agreed upon in writing by CITY and AUDITOR, either party may, notwithstanding any other provision in the agreement, terminate this agreement upon seven (7) days notice to the other party. CITY shall be liable for time charges actually incurred by AUDITOR except for any such additional time which has been included aa a result of the circumstances necessitating adjustment. The AUDITOR'S rate to be used to determine a price adjustment increase will be based on the agreed schedule above for accounting and auditing work. 6. ADDITIONAL SERVICES: In the event that the CITY and AUDITOR mutually agree that AUDITOR will provide additional services, the terms and total fee will be negotiated separately for each proposed project. 7. CONSULTATION WITH AUDITOR GENERAL AND COGNIZANT AGENCY: CITY expressly permits AUDITOR to consult with the Auditor General of the State of Florida and the federally designated "Cognizant Agency" on any matter pertaining to the Audit which, in the judgement of the AUDITOR, would be important to the conduct of its audit or its report on the results hereof. 8. TRUTH. IN-NEGOTIATION CERTIFICATE: Signature of this agreement by the AUDITOR shall act as the execution of truth- in-negotiation certificate certifying that the estimated time charges and expense used to determine the compensation provided for in this agreement are accurate, complete and current aa of the date of this agreement. 9. FIELD WORK: For the first year of the engagement, planning of the audit field work should commence immediately after the execution of this professional services agreement. AUDITOR shall use reasonable efforts, subject to laws, regulations 31 and professional standards applicable to the services hereunder to complete the field work at such time necessary to meet the timing requirements. 10. PREPARATION OF FINANCIAL STATEMENTS: (a). : The statements to be audited will be prepared by Finance Department in accordance with generally accepted accounting principles. AUDITOR will submit any proposed adjusting journal entries to the Finance Department for approval in a timely manner. (b) CITY understands and agrees that the underlying books and records of account must be properly closed as required by Florida Statutes to maintain the independence of the AUDITOR and allow the AUDITOR reasonable time to meet the completion dates of the audit. 11. SUPPORT PERSONNEL: Throughout the audit engagement, support personnel will be made available by CITY to provide assistance for tasks, such as identifying locations of required records and documentation and gathering needed records and supporting '. information, with the realization that support personnel must be given consideration to effectively perform day-to-day requirements. 12. OPTION TO RENEW: The CITY shall have the option to renew this agreement for two (2) additional one (1) year periods to cover the fiscal years ending September 30, 2006 and September 30, 2007. Any agreement to renew or extend this agreement shall be in writing signed by both parties. The CITY may request renewal of this agreement for additional periods as desired by CITY. AUDITOR may, at its option, agree to renew this agreement upon terms and conditions mutually agreed upon by CITY and AUDITOR. 13. CANCELLATION OF AGREEMENT: Either CITY or AUDITOR may cancel this agreement for fiscal years subsequent to the first year of this agreement by written notice to the other party given not later than seven (7) calendar months (February 28) prior to the end of the fiscal year next subject to audit. The parties agree that such cancellation on its part shall be only for cause and after appropriate discussion with the other party. Notwithstanding the foregoing paragraph of this section, AUDITOR may resign or CITY may terminate AUDITOR as CITY'S auditor and terminate this agreement 32 at any time as required in accordance with the laws, regulations and professional standards applicable to the type of services provided under this agreement. 14. EXCUSABLE DELAYS: The. AUDITOR shall not be considered in default by reason of any failure in performance if such failure arises out of causes reasonably beyond the AUDITOR'S control and without its fault or negligence. Such causes may include, but are not limited to: acts of God; the CITY'S omissive and commissive failure; natural or public health emergencies; labor dispute; and severe weather conditions. 15. CONTINGENT FEES: The AUDITOR warrants that it ha not employed or retained any company or person to solicit or secure this agreement and that it h~ not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for the AUDITOR, any fee, commission, percentage, gift, or any other consideration contingent upon or resulting from the award or making the agreement. 16. NON-DISCRIMINATION: The AUDITOR wan'ants and represents that all of its employees are treated equally during employment without regard to race, color, religion, sex, age, or national origin. 17. INDEPENDENT CONSULTANT RELATIONSHIP: The AUDITOR is, and. shall be, in the performance of all work services and activities under this agreement, an Independent Contractor, and not an employee, agent, or servant of the CITY. All persons engaged in any of the work or services performed pursuant to this agreement shall, at all times and in all places, be subject to the AUDITOR'S sole direction, supervision and control. The AUDITOR shall exercise control over the means and manner in which it and its employee.~ perform the work, and in all respects, the AUDITOR'S relationship and the relationship of its employees to the CITY shall be that of an Independent Contractor and not as employees or agents of the CITY. The AUDITOR does not have the power or authority to bind the CITY in any promise, agreement or representation other than specif'lcally provided for in this agreement. 18. SEVERABILITY: If any term or provision of this agreement, or the application thereof to any person or circumstance shall, to any extent, be held invalid or unenforceable, the remainder of this agreement or. the application of such terms or provisions, to Persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this agreement shall be deemed valid and enforceable to the extent permitted by law. 19. ENTIRETY OF CONTRACTUAL AGREEMENT: The CITY and the AUDITOR agree that this agreement sets forth the entire agreement between the parties, and that ther~ are no promises or understandings other than those stated herein. None of the provisions, terms and conditions contained in this agreement may be added to, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto. 20. AMENDMENTS AND MODllZlCATIONS: No amendments and/or modifications of this agreement shall be valid unless in .' writing and signed by each of the parties. 21. NOTICE: All notices required in this agreement shall be considered delivered when received by certified mail, return receipt requested, or personal delivery and if sent to the CITY, shall be mailed to: Diane Reese, Director Finance Department 100 East Boynton Beach Blvd. Boynton Beach, FL 33435 and if sent to the AUDITOR, shall be mailed to: F'u-m: Calm', Donten, Levine, Druker, Porter & Veil, P.A. Contact: Scott L Porter Address: 50~ S. Flagler Drive, Suite 900 West Palm Beach, FL 33401 22. AUDITOR'S PROPRIETARY INFORMATION AND WORK PAPERS: All work papers of AUDITOR shall remain the property of AUDITOR. In addition, to the extent that AUDITOR utilizes any of its property (including, without limitation, any hardware or software of AUDITOR or any proprietary or confidential information or trade secrets of AUDITOR) in performing the services 34 hereunder, such property shall remain the property of AUDITOR and the CITY shall acquire no right or interest in such property. 23. INDEMNIFICATION: Consultant shall indemnify, defend and hold harmless the City, its offices, agents and employees, from and against any and all claims, 16sses or liability, or any portion thereof, including attorneys fees and costs, fi-ising from injury or death to persons, including injuries, sickness, disease or death to Consultant's own employees, or damage to property occasioned by a negligent act, omission or failure of the Consultant during the time period this contract is in effect. 24. INSURANCE: The AUDITOR shall obtain all insurance required by the CITY as shown on Attachment 'A' which becomes a part of this agreement. The insurance must remain in force throughout the' terms of this agreement. WHEREFORE, the parties have signed this agreement on the date first above written. CITY OF BOYNTON BEACH AUDITING FIRM . City Manager Caler, Donten, Levine, Druker, Porter & Veil, P.A. Attest/Authenticated: Title (Corporate Seal) City Clerk Approved as to Form: Attest/Authenticated: Office of the City Attorney Secretary 35 City of Boynton Beach Financial Services Memorandum TO: Bill Atidns, Deputy Director of Financial Services FROM: Diane Reese, Director of Financial Serviceso~e.~z~-~ DATE: May 23, 2003 SUBJECT: RFP for Audit Services On Tuesday May 20, 2003 a bid opening was held for Audit Services for the City for th~ next 3 years. Eight firms submitted proposals. An audit committee consisting of Steve Davis, Asst. Finance Director; Mary Munro, Budget Coordinator; Bill Atkins, Deputy Director and myself individually reviewed and scored each proposal. Based on that review the top scorer was Caller, Donten, Levine. Please place on the June 17~ City Commission agenda a request for the City Commission to approve awarding a three year audit service contract In Caller, Donten, Levine. Each review committee member's rating sheet should be attached as backup to the City Commission. Thank you and your division for their assistance in this RFP. oZZ~ Z ©1 0 m -11 '11 -11 _ _ o~ ~ ~ ~oo z ~ ~ r- ~ ~mm -* ~ -- -- ~ e~ z m m m m m ~; ~Bm~ m SPECIFICATIONS FOR THREE (3) YEAR CONTRACT FOR FINANCIAL AUDITING SERVICES PART I - INTRODUCTION 1-1 WORK OBJECTIVE · The City of Boynton Beach is soliciting the services of an independent certified public accounting firm to provide external independent auditing services to the City for a period of three (3) years beginning with an audit of the basic financial statements of the City for the fiscal year ending September 30, 2003. The contract provided by the RFP will include an option to be exercised by the City to extend the contract for two (2) additional one year periods. 1-2 TERM OF ENGAGEMENT The term of the agreement shall be for the initial period of three (3) years to cover the fiscal years. ending September 30, 2003, September 30, 2004, and September 30, 200S, with an option to extend for the fiscal years ending September 30, 2006 and September 30, 2007 upon mutual agreement of the parties. Such extension shall be in writing executed by both parties. The Purchasing Agent may renew the contract, at the same terms, conditions, and prices for two additional one (1) year periods subject to auditor acceptance, satisfactory performance and deten'nination that renewal will be in the best interest of the City. PART II - SCOPE OF SERVICES 2-1 SCOPE OF WORK TO BE PERFORMED The City of Boynton Beach expects the auditor to express an opinion on the fair presentation of its basic financial statements in conformity with accounting principles generally accepted in the United States. The auditor is not required to audit the combining and individual fund statements and supporting schedules. However, the auditor is to provide an "in-relation-to" report on the combining and individual fund financial statements and supporting schedules based on the auditing procedures applied during the audit of the basic financial statements. The auditor is not required to audit the statistical section of the report. The auditor shall also be responsible for performing certain limited procedures involving required supplementary information required by the Governmental Accounting Standards Board as mandated by generally accepted auditing standards. 2-2 AUDITING STANDARDS TO BE FOLLOWED To meet the requirements of this Request for Proposal, the audit shall be performed in accordance with: · Sect~on 218.39, Florida Statutes, and any other applicable Florida Statutes. · Rules of the Florida Department of Financial Services. · Rules of the Auditor General for the State of Florida, Chapter 10.550 and other roles as applicable. · Audits of State and Local Government Units, issued by the American Institute of Certified Public Accountants. · Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations, issued by the U.S. Office of Management and Budget (OMB). · Federal Single Audit Act of 1984. · Federal Single Audit Act Amendments of 1996. · Florida Single Audit Act (Section 215.97, Florida Statutes). · Statements on Auditing Standards (GAAS). · Government A~diting Standsrds, issued by the Comptroller General of the United States. · Any other applicable Federal, state, local regulations or professional guidance not' specifically listed above as well as any additional requirements that may be adopted by these organizations in the future.- 2-3 REPORTS TO BE ISSUED Following the completion of the audit of the fiscal year's financial statements, the auditor shall issue: a. A report on the fair presentation of the basic financial statements in conformity with accounting principles generally accepted in the United States. b. A report on internal control over financial reporting based on the audit of the basic financial statements. c. A report on compliance with applicable laws and regulations, as required by Government Auditing Standards. d. A management letter required by Section l 1.45(3)(a)4, Florida Statutes. e. Reports required by the Single Audit Act of 1984, as amended, and the Florida Single Audit Act to include: · An "in-relation-to" report on the Schedule of Expenditures of Federal Awards and State Financial Assistance. A single audit report on the internal control structure used in administering Federal awards programs and state financial assistance projects. · A single audit report on compliance with laws and regulations related to major Federal awards programs and state financial assistance projects. This report should include an opinion on compliance with specific requirements applicable to major Federal awards programs and state financial assistance projects. f. Other required disclosures required by relevant Rules of the Auditor General. In the required report(s) on internal controls, the auditor shall communicate any reportable conditions found during the audit. A reportable condition shall be defined as a significant deficiency in the design or operation of the internal control structure, which could adversely affect the organization's ability to record, process, summarize and report financial data consistent with the assertions of management in the financial statements. Reportable conditions that are also material weaknesses shall be identified as such in the report. Non-reportable conditions and other matters discovered by the auditors shall be reported in a separate letter to management, which shall be referred to in the reports on internal controls. The report on compliance shall include all material instances of noncompliance. All nonmaterial instances of noncompliance shall be reported in a separate management letter, which shall be referred to in the report on compliance. Irregularities and Illegal Acts - auditors shall be required to make an immediate, written report of all irregularities and illegal acts or indications of illegal acts of which they become aware to the Director of Finance. Use of the audited financial statements, opinions or any of the above named reports will not result in additional compensation unless their use requires additional certification or services on the part of the f'u'm. 2-4 SPECIAL CONSIDERATIONS The City of Boynton Beach will send its comprehensive Annual Financial Report (CAFR) to the Government Finance Officers Association of the United States and Canada for meritorious review in their Certificate of Achievement for Excellence in Financial Reporting program. Dunng the contract period the City may prepare one or more official statements in connection with the sale of debt securities that will contain the basic financial statements and the auditor's report thereon. The auditor shall be required, if requested by the financial advisor and/or the underwriter, to issue a "consent and citation of expertise" as the auditor and any necessary "comfort letters". 2-5 WORKING PAPER RETENTION AND ACCESS TO WORKING PAPERS All working papers.and reports must be retained, at the auditor's expense, for a period of three (3) years after completion of any work provided herein, unless the firm is notified in writing by the City of Boynton Beach of the need to extend the retention period. City management and their representatives shall be entitled at any time during the contract period to inspect and reproduce such documents aa deemed necessary. In addition, the firm shall respond to the reasonable inquiries of successor auditors and allow successor auditors to review working papers relating to matters of continuing accounting significance. As requests for copies of working papers are fulfilled, the auditors will be required to noti~ the Finance Director of the request, aa appropriate. 2-6 ADDITIONAL SERVIC~ fi, during the contractual period, additional auditing or accounting services are needed, the proposer may be engaged to perform these services. The proposer shall, upon receipt of a written request from the City, perform such additional services. Such services, if offered by the proposer, may include, but not be limited to: · Management advisory services · Arbitrage calculations · Extended audit services or special audits · Assistance in the preparation of any Official Statements required by Bond Counsel All additional work will be documented by engagement memoranda to be approved by the City in accordance with the procurement policies of the City. The proposer will be compensated in accordance with fees established aa a result of this RFP. The total amount for additional services shall be separately negotiated at the time of the engagement for a not-to-exceed amount calculated in accordance with the ra~es of the awarded contract. In addition, the audit firm will be responsible for ensuring that any additional services provided would not impair the firm's independence aa prescribed in Amendment 3 to Government Auditing Standards. PART IH - DE~CRIFFION OF THE GOVERNMENT 3-1 NAME AND TELEPHONE NUMBER OF CONTACT PERSONS The auditor's principal contact with the City of Boynton Beachwill be Diane Reese, Director of Finance (561) 742-6312 who will coordinate the assistance to be provided by the City of Boynton Beach to the auditor. 10 3-2 BACKGROUND INFORMATION The City of Boynton Beach serves an area of approximately 16.1 square miles with a population of approximately 63,000. The City provides services to its citizens in many areas such as law enforcement, emergency medical services, fire control, water and sewer, library services, refuse 'collection, mass transit, municipal golf course, and various park sites and recreational services. The City was incorporated in 1920 and has operated under a Commission-Manager form of government (the City employs some 900 full time employees, had total assets of over $460 million, and revenues of over $90 million for the fiscal year ended September 30, 2002). 3..3 BUDGETARY BASIS OF ACCOUNTING The budget of the General Fund is prepared on the modified accrual basis except that encumbrances are budgeted as the equivalent of expenditures as opposed to a reservation of fund balance. As a result, the General Fund revenue, expenditures and operating transfers reported in the budget and actual statement differ from the amounts reported on the GAAP basis. None of the other budgeted funds have any differences between the GAAP basis and the budgetary basis. 3-4 IqJND STRUCTURE The City of Boynton Beach uses the following fund types and account groups in its financial reporting: .. Number of Number With Individual Legally Adopted Fund Type/Account Group Funds Annual Budgets General Fund 1 Special Revenue Funds 6 3 Debt Service Funds 2 2 Capital Project~ Funds 2 2 Permanent Funds 0 0 Enterprise Funds 4 4 Internal Service Funds 3 3 Pension Trust Funds I 0 Investment Trust Funds 0 0 Private-purpose Trust Funds 0 0 Agency Funds 0 0 The City of Boynton Beach's budget for Fiscal Year 2003 is $48.8 million (General Fund only) for operations and $5.3 million for Debt Service. Tax millage rates are 7.600 mills for the General Fund and .3950 mills for the Debt Service. The City has a Finance staff of eight who will be committed to the audit and the timely completion of the Comprehensive Annual Financial Report (CAFR). The City has continuously received the GFOA's Certificate of Achievement for Excellence in Financial Reporting since 1979. More detailed information on the government and its finances can be found in budget documents, official statemehtS, annual financial reports, and administrative policies and procedures manuals. 3-5 COMPUTER SYSTEM The City is currently utilizing Sunguard HTE financial software in an AS400 environment. 3-6 FEDERAL AND STATE FINANCIAL ASSISTANCE During the initial fiscal year to be audited, the City of Boynton Beach will receive financial assistance including, but not limited to, the following federal agencies: Federal Assistance U.S..Department of Housing and Urban Development CFDA Number Community Development Block Grant Entitlement 14.218 U.S. Department of Justice Office of Community Oriented Policing Services (COPS) 16.579 Office of Community Oriented Policing Services - COP Fast Grant 16.710 Local Law Enforcement Block Grant 16.592 U.S. Department of Transportation State and Community Highway Safety Grant 20.600 National Foundation on the Arts and Humanities State Library Program 45.310 State Assistance Florida Department of State, Division of Library and Information Services State Aid to Libraries 45.030 Florida Housing Finance Corporation State Housing Initiatives Partnership (SFIIP) Program 52.90t Florida Department of Community Affairs Community Revitalization - Urban Infill and Redevelopment Program 52.02 Emergency Management Program 52.008 ~2 Local Assistance Palm Beach County, Department of Public Safety, Emergency Medical Services (EMS) Grant Palm Beach County Development Region Core Grant :palm Beach County, Department of Parks and Recreation, Intracoastal Waterway Park Development Grant Forest Lattner Foundation Grants Palm Beach County, Department of Environmental Resources Management a. Boat Club Dredging Project b. Outfall Water Quality Improvement Project South Florida Water Management District, Aquifer Storage and Recovery Wells Palm Beach County, Department of Public Safety, Animal Services Contract 3-7 EMPLOYEE RETIREMENT PLANS The City of Boynton Beach contributes to three single-employer pension plans covering all full- time City employees. City Ordinance establishes the benefit provisions and all other requirements. The pension funds have an independent contracted administrator, and the investments of the fund are administered, managed and operated by its respective Board of Trustees. Currently, the Police and Fire Pension Funds are audited separately and reports are provided to the City. The defined benefit plans are: Retirement Police Firefighters Trust Fund Pension Pension Fund Fund Participant data as of October 1, 2001 most recent actuarial valuation: --Retirees and beneficiaries receiving benefits 152 63 44 --Terminated vested employees 15 7 7 --Vested current employees 283 55 54 --Non-vested current employees 266 67 38 t3 3-8 COMPONENT UNIT For fnancial reporting purposes, the City of Boynton Beach is in conformity with the Governmental Accounting Standards Board's Codification of Governmental Accounting and Financial Reporting Standards, Section 2 i00. Using these criteria, a component unit is included in the City of B0ynt0n Beach's financial statements. The management of the City of Boynton Beach has identified the Community Redevelopment Agency (CRA) for inclusion in the City's financial statements as a discretely presented component unit. The CRA has a September 30 year-end and, as of October 1, 2002, mmntnins a set of books and records independent of the set of books and records maintained by the City of Boynton Beach. The CRA is responsible for the issuance of audited financial statements to be included as a separate column in the City Of Boynton Beach's financial statements. The audit of the CRA's financial statements is not within the scope of services covered by this RFP. 3-9 MAGNITUDE OF FINANCE OPERATIONS Diane Reese, Director of Finance, heads the Finance Department. The Finance Department includes the Purchasing Division and Warehouse Division, and consists of 22 full time employees. The personnel breakdown for the department is: Finance Director 1 Assistant Finance Director/Audit Manager Budget Coordinator Accountant 2 Accounts Payable Specialist 1 Accounting Technician 5 Payroll Administrator 1 Payroll Technician l Deputy Finance Director/Purchasing Agent Senior Buyer 1 Buyer 1 Administrative Sec~ I Senior Office A~sistant l Warehouse Manager Assistant Warehouse Manager 1 Service Writer l Storekeeper 2 3-10 AVAILABILITY OF PRIOR AUDIT REPORTS AND WORKING PAPERS Interested proposers who wish to review prior years' Comprehensive Annual Financial Reports (CAFR) and management letters should contact Diane Reese, Director of Finance, 100 East Boynton Beach Blvd., Boynton Beach, Florida 33435. [4 PART IV - PROPOSAL REQUIREMENTS 4- ! Submission of Proposals The following should be submitted for a proposing firm to be considered. An original (so · marked) and five copies are to be included with the proposal. 1. Title Page. Title page showing the request for proposal's subject, the firm's name, the name, address and telephone number of the contact person, and the date of the proposal. 2. Table of Contents. The table of contents of the proposal should include a clear and complete identification of the materials submitted by section and page number. 3. Transmittal Letter. A signed letter of transmittal briefly stating the proposer's understanding of the work to be done, the commiunent to perform the work within the time period, a statement why the firm believes itself to be best qualified to perform the engagement and a statement that the proposal is a firm and irrevocable offer for ninety (90) days. 4. Detslled Proposal - The detailed proposal should folloTM the order set forth in Section IV of this request for proposals-. Proposals must be submitted in a sealed envelope clearly marked with the name of the audit firm, "Request for Proposal No. 06 I- 1411-03/CID Financial Auditing Services". 4-2 Technical Proposal 1. General Requirements. The purpose of the Technical Proposal is to demonstrate the qualifications, competence and capacity of the firms seeking to undertake an independent audit of the City of Boynton Beach in conformity with the requirements of this request for proposals. As such, the substance of proposals will carry more weight than their form or manner of presentation. The Technical Proposal should demonstrate the qualifications of the firm and of the particular staff to be assigned to this engagement. It should also specify an audit approach that will meet the request for proposal requirements. The Technical Proposal should address all the points outlined in the request for proposals. The Proposal should be prepared simply and economically, providing a straightforward, concise description of the proposer's capabilities to satisfy the requirements of the request for proposals. While additional data may be presented, the following subjects, items Nos. 2 through 10, must be included. They represent the criteria against which the proposal will be evaluated. tS 2. Independence. The firm should provide an affirmative statement that it is independent of the City of Boynton Beach as defined by generally accepted auditing standards and the U.S. General Accounting Office's Government Auditing Standards. The firm should also list and describe the firm's professional relationships involving the City.of Boynton Beach for the past five (5) years, together with a statement expiaining why such relationships do not constitute a conflict of interest relative to performing the proposed audit. In addition, the firm shall give the City of Boynton Beach written notice of any professional relationships entered into during the period of this agreement. 3. License to Practice in Fiorida. An affirmative statement should be included that thc fh'm and all assigned key professional staff are properly licensed to practice in Florida. 4. Firm Qualifications and Experience,. The proposer should state the size of the firm, the size of the firm's governmental audit staff, the location of the office from which the work on this engagement is to be performed and the number and nature of the professional staff to be employed in this engagement on a full-I/me basis and the number and nature of the staff to be so employed on a part-time basis. ff the proposer is a joint venture or consortium, the qualifications of each firm comprising the joint venture or consortium should be separately identified and the firm that is to serve as the principal auditor should be noted, if applicable. The firm shall provide information on the results of any federal or state desk review or field review of its audits during the past three (3) years. The firm shall also provide information on the results of any professional peer reviews during the last three (3) years. In addition, the firm shall provide information on the circumstances and status of any disciplinary action taken or pending against the firm during the past three (3) years with state regulatory bodies or professional organizations. The firm shall also describe any litigation or proceeding whereby, during the past two years, a court or any administrative agency has ruled against the firm in any manner related to its professional activities. Similar information shall be provided for any curr~nt of pending litigation. 5. Partner, Supervisory and Staff Qualifications and Experience. Identify the principal supervisory and management staff, including engagement partners, managers, other supervisors and specialists, who would be assigned to the engagement. Indicate whether each such person is registered or licensed to practice as a certified public accountant in Florida. Provide information on the government auditing experience of each person, including information on relevant continuing t6 professional education for the past three (3) yeah and membership in professional organizations relevant to the performance of this audit. Provide as much information as possible regarding the number, qualifications, experience and training, including relevant continuing professional education, of the specific staff to be assigned to this engagement. Indicate how the quality of staff over the ~erm of the agreement will be assured. Engagement partners, managers, other supervisory staff and specialists may be changed if those personnel leave the tn'm, are promoted or are assigned to another office. These personnel may also be changed for other reasons with the express prior written permission of the City of Boy, ton Beach. However, in either case, the City of Boynton Beach retains the right to approve or reject replacements. Consultants and firm specialists mentioned in response to this request for proposal can only be changed with the express prior written permission of the City of Boynton Beach, which retains the right to approve or reject replacements. Other audit personnel may be changed at the discretion of the proposer provided that replacements have substantially the same or better qualifications or experience. 6. Prior Engagements With The City of Boynton Beach. List separately all engagements within the last five years, for the City of Boynton Beach by type of engagement (i.e., audit, and management advisory services, other). Indicate the scope of work, date, engagement partners, the location of the firm's office from which the engagement was performed, and the name and telephone number of the principal client contact. 7. Similar En~agement~ With Other Government Entities. For the firm's office that will be assigned responsibility for the audit, list the most significant engagements (maximum - 5) performed in the last five years. At least one must be a municipality that has adopted (3ASB 34 and at least two must be municipalities that have earned the GFOA Certificate.of Achievement for Excellence in Financial Reporting. CAF'Rs issued in connection with those engagements must be submitted with the proposal. Indicate the scope of work, date, engagement partners, and the name and telephon~ number of the principal client contact. 8. Specific AudR Apl}roach. The proposal should set forth a work plan, including an explanation of the audit methodology to be followed, to perform the services required in Section II of this request for proposal. In developing the work plan, reference should be made to such sources of information as the City of Boynton Beach budget, financial and other management information. 17 Proposers will be required to provide the following information on their audit approach: a. Proposed segmentation of the engagement. ~-' .. b. Level of staff to be assigned to each proposed segment of the -' engagement. c. Sample size and the extent to which statistical sampling is to be used in the engagement. d. Extent of use of EDP software in the engagement. e. Type and extent of analytical procedures to be used in the engagement. f. Approach to be taken to gain and document an understanding of the City of Boynton Beach internal control sl~ucture. g. Approach to be taken in determining laws and regul~ti.oua that will be subject to audit test work. h. Approach to be taken in drawing audit samples for purposes of tests of compliance. 9. Idenfifltation of Anticipated Potential Audit Problems. The proposal should identify and describe any anticipated potential audit problems, the firm's approach to resolving these problems and any special assistance that will be requested from the City of Boynton Beach. I0. Price Proposal. Submit your signed, firm, fixed fee performance-based price proposal for providing all services, materials, etc., required for completion of services in accordance with your technical proposal. 1 I. Pro~ OoDles. Submission of an original (clearly marked) and five photocopies of the proposal should be submitted to the City of Boynton Beach, Purchasing Division, 100 Faint Boynton Beach Boulevard, Boynton Beach, Florida 33435. 12. Addend~, Additional Information. Any addenda or answers to written questions supplied by the City of Boynton Beach to participating Offerors become part of this Request for Proposal and the resulting contract. This Proposal form shall be signed by an authorized company representative, dated and returned with the Proposal. No negotiation, decisions or actions shall be initiated or executed by the Offeror as a result of any discussions with any City employee. Only those communications that are in writing for the Purchasing Agent may be considered as a duly authorized expression. Also, the City will recognize only communications from Offerors that are signed and in writing as duly authorized expressions on behalf of the Offeror. PART V - EVALUATION OF PROPOSALS 5-1 Evaluatior[Me~hod and Criteria. Proposals will be evaluated in accordance with weighted criteria listed below: De,,}cription Point Range Proposers Expertise-Experience 0 - 35 Audit Approach 0 - 35 Office located in Palm Beach County 0 - 20 Price Proposal 0 - 10 Total i00 Some proposals may be selected for an interview prior to a recommendation being presented to the City Commission. As the best interest of the City may require, the right is reserved to reject any and all proposals or waive any minor irregularity of technicality in proposals received. Proposers are cautioned to make no assumptions unless their proposal has been evaluated as being responsive. 5-2 Final Selection. The City of Boynton Beach ',viii select the f'um that meets the best interests of the City. The City shall be the sole judge of its own best interests, the proposals, and the resulting negotiated agreement. The City's decisions will be final. The firm will be selected in a timely manner. Following notification of the firm selected, it is expected a contract will be executed between both parties within thirty (30) days. L9 ATTACHMENT A City of Boynton Beach Risk Management Division INSURANCE ADVISORY FORM Under the terms and conditions of all contracts, leases, and agreements, the City requtres appropriate coverages listing the City of Boyuton Beach as Additioaal 'insured. This is done by providing a Cemficate of Insurance listing the City as "Certificate Holder" and "The City of Boyuton Beach is Additional Insured as respect to coverages noted." Insurance companies providing insurance coverages must have a current rating by A.M. Best Co. of "B+" or higher. (NOTE: An insurance contract or binder may be accepted a~ proof of insurance if Certificate is provided upon selection of vendor.) The following is a list of types of insurance required of contractors, lessees, etc., and the limits required by the City: (NOTE: This list is not all inclusive, and the City reserves the right to require additional types of insurance, or to raise or lower the stated limits, based upon identified risk.) TYPE (Occutrcncc Bascci Ouly) M]~qIMIJM LllVllTS REOUIRED General Liability General Aggregate $1,000,000.00 Commercial CA'ueral L~ability Products-Comp/Op Afg $1,000.000.00 Owucn & Couu'act~s Protective (OCP) Pc.r~mal & Adv. Injury $1,000,000.00 Liquor Liability Each Occurrence $1,000,000.00 Professional Liability F'tre Damage (any one fire) $ 50,000.00 Employees & Officers . Med. Expense (any one person) $ 5,000.00 Pollution Liability Asbestos Abatement l, tad Abaten~nt Broad Form Vendo~ Underguuund Explosion & Collapse Products Completed Operations Conuactual Independent Contractors Broad Form Property Damage F'tre Legal Liability Automobile Liability Combined Single Limit $ 500,000.00 Any Auto Bodily Injury (per person) to be determined All Owned Auto~ Bodily Injury (per accident) to be deternuned Scheduled Autos Property Damage to be determined Hired Autos Trailer Interchange $ 50,000.00 Non-Owned Autos PIP Basic Garage Liability Auto Only, Each Accident $1,000,000.00 Any Auto Other Than Auto Only S I00,000.00 Garage Keepers Liability Each Accident S 1,000,000.00 Aggregate $1,000,000.00 Excess Liability Each Occurrence to be determined Umbrella ~ Aggregate to be determined Worker's Compensation Statutory Lirruts Employe~'s Liability Each Accident $ 100,000..00 Disease, Policy Limit $ 500,000.00 Disease Each Employee $ I00,000.00 Property Homeowners Revocable Permit $ 300,000.00 Builder's Risk Limits based on Project Cost Other - As Risk Identified to be determined INS U RANCEAD VISORYF'ORM04 Revised 10/200 28 RFP NAME: "THREE YEAR CONTRACT FOR FINANCIAL AI,?I)Ir'' N[i; SERVICES" RFp NUMBER: 064-1410-03/JA COMMISSION AGENDA: JUNE 3, 2003 BROADCAST LIST: 670 VENDORS - DEMANDSTAR 11 VENDORS - PROCUREMENT DATABASE BROADCAST LIST REPRESENTS VENDORS THAT WERE NOTIFIED C,F V !l ~2 BID OPPORTUNITY BY HAVING MEMBERSHIP IN DEMANDSTAR, OR COMPLETING A CITY VENDOR APPLICATION. PLANHOLDERS: 16 VENDORS PLANHO~ERS ARE VENDORS THAT OBTAINED A COPY OF TI-{E B!l') DOCUMENTS EITHER BY DOWNLOADING FROM DEMANDSTAR, OR RECEIVED FROM PROCUREMENT SERVICES. BIDS: 8 VENDORS. BIDS REPRESENT THE NUMBER OF PLANHOLDERS THAT ACTtJALLY SUBMIT'rFP BID PROPOSALS. - .... ATTACHMENTS: PLANHOLDER LIST FROM DEMANDSTAR SHOWING VF, N OBTAINED A COPY OF THE BID DOCUMENTS. T}HS INCLUSIVE LIST...INCLUDING THOSE VENDORS NOTIFIED BROADCAST LIST' FROM PROCUREMENT ACCESS DATABAS'~'i; VENDORS WHO WERE NOTIFIED BY INVITATION TO BID. NAME OF RFP: "THREE YEAR CON'[RACT FOR FINANCIAL AUDITING SERVICES", R.FP~: 061-I410-03/CJD BROADCAST LIST - 11 VENDORS (PROCUREMENT DATABASE) (COMPLETE BID PACKAGES WERE MAILED) DASZKAL, BOLTON & MANELA, CPAS ERNST & YOUNG, LLP 240 W. PALMETTO PARK ROAD, # 300 777 S. FLAGLER DRIVE, SUITE 1200 BOCA RATON, FL 33432 WEST PALM BEACH, FL 33401 ATTN: JEFFREY BOLTON ' . ATTN: RICHARD J. DOBKIN KEEFE, MCCULLOUGH & CO., CPAS NOWLEN, HOLT & MINER, P.A. 6550 N. FEDERAL HIGHWAY, # 410 P.O. BOX 347 FT. LALFDERDAI-~, FL 33308 WEST PALM BEACH, FL 33402 ATTN: BRIAN D. PINNELLA ATTN: EDWARD T. HOLT AIG VALIC HM ACTUARIAL SERVICES 2929 ALLEN PARKWAY I0 N.E. 6TM STREET, SUITE 200 HOUSTON, TX 77019 DELRAY BEACH, FL 32~?.~. ATTN: FREI') LOOPMAN ATTN': HAYDEN BURROS [-IVS INTERNATIONAL METLIFE ,~5 W. ERIE, SU1TE 1 - A 2500 N. MILITARY TRAIL, sUTrE 160 CHICAGO, IL 60610. BOCA RATON, FL 33431 ATTN: THOMAS I-I~77rNSKI ATTN: ADAM BROWN DMO -MAXIMUS, INC. KPMG, LLP 1949 COMMONWEALTH LANE 777 S. FLAGLER DRIVE, SUITE 215 TALLAHASSEE, FL 32303 WEST PALM BEACH, FL 33401 ATTN: RUSSELL CAMPBITI.I. ATTN: KENNETH DEON PMO ASSOCIATES, INC. CAI,ER, DONTEN, LEVINE, DRUKER, PORTER & 3880 N.W. 2 COURT VEIL, P.A. 505 SOUTH FLAOLER DRIVE, SUITE 900 DEERFIELD BEACH, FL 334~2 ATTN: KATI-ILEEN GONOT WEST PALM BEACH, FL 33401 ATTN: SCOTT PORTER Planholders List Member Name City of Boynton Beach Bid Number RFP-061-1410-03/C.1D-0-2003/CD RFP: THREE YEAR CONTRACT FOR FINANCIAL AUDITING 5id Name SERVICES Number of Documents for this 2 (Not Including Plans) bid 1_6 Planholder(s) found. Doc: Attributes Actions Supplier Name Phone Fax Count (407) 872- (561) 838- 2 Documents' Ernst & Young LIP 6757 4191 (561) 833- (561) 833- 2 Documents Rachlin Cohen & Holtz 0002 3235 (954) 927- (954) 927- 2 ~ S. Davis & Associates 5900 5927 ].. African American EBS Engineering [nc 3056255252 3056257110 2 Owned Documents 2. Small Business (305) 914- (202) 223- 2 Documents Urbach Kahn & Werlin LIP 0161 8488 Rogers & Co 516-741-4766 516-741-0634 2 1. Small Business Documents FMSDC 4072456062 4078578647 2 Documents Thompson, Cobb, Bazilio & 202-778-3470 202-463-8861 2 Documents Associates, PC McGladrey & Pullen 954-462-6300 954-462-4607 2 Documents WILKINS MCNAIR, PC 410-962-5252 410-244-0753 2 Documents (954) 966- (954) 962- 2 Documents Harvey Brinker & Associates 4435 7747 (561) 994- (561) 994- 2 1. Hispanic Owned Documents Grau & Company PA 9299 5823 (727) 822- (727) 823- 2 Documents Cherry, Bekaert & Holland, MD 881[ 3493 (561) 697- (56[) 697- 2 Documents Mcgladrey & Pullen, Up 1785 8055 Williams, McCranie & Sutton, (352) 726- (352) 344- I Documents Pa 8130 0707 (954) 966- (954) 962- I Documents Harvey Brinker & Associates 4435 7747 http://www~demandstar~c~m~buyer/bid~/P~anh~~der-List~asp?F=search&-PU=%2Fbuyerq. ~~~~ 5/30/2003 ORIGINAL Proposal to Provide Independent Audit Services CITY OF ~~';~T~N BEACH May 20, 2003 Proposal to Provide Independent Audit Services CITY OF ~;}Y~T~N BEACH May 20, 2003 Caler, Donten, Levine, Druker, Porter & Veil, P.A. 505 South Flagler Drive, Suite 900 West Palm Beach, Florida 33401 (561) 832-9292 FEI No. 59-2831281 Contact Persons: Porter, Partner Scott L. ~Ii Veil, Partner Mark D. Table of Contents Letter of Transmittal ............................................................................................ t Technical Proposal 1. Firm Background and History ........................................................................................ 4 2. Independence .................................................................................................................. 5 3. License to Practice in Florida ......................................................................................... 5 4. Firm Qualifications and Experience ............................................................................... 6 5. Partner, Supervisory and Staff Qualifications and Experience ..................................... l 0 6. Prior Engagements With The City of Boynton Beach ................................................... :21 7. Similar Engagements With Other Government Entities ............................................... 21 8. Specific Audit Approach a. Segmentation of Audit Procedures ..................................................................... 26 b. Staff Assigned to Audit Segments ...................................................................... 27 c. Sample Sizes and Statistical Sampling ............................................................... 27 d. Computerized Audit Software ............................................................................ 28 e. Analytical Procedures ......................................................................................... 29 f. Documentation of Internal Control .................................................................... 30 g. Legal Compliance Documentation ..................................................................... 30 h. Compliance Audit Sample Selection .................................................................. 31 9. Identification of Anticipated Potential Audit Problems ................................................. 31 10. Price Proposal ................................................................................................................. 32 Addenda and Additional Information 1. Proposer's Acknowledgement ........................................................................................ 33 2. Addendum #1 Acknowledgement .................................................................................. 34 3. Statement of Proposer's Qualifications .......................................................................... 36 4. Non-collusion Affidavit of PrLme Proposer ................................................................... 3 5. Anti-Kickback Affidavit ................................................................................................. 39 6. Confirmation of Minority Owned Business ................................................................... 40 7. Confirmation of Drug-Free Workplace .......................................................................... IIc L DRUKER, PORTER & VEIL, P.A. ~ PUBUC ACCOUNTANT~ s~D. DR~ ~A. ~ ~ (~t) 832-~2 J~ B. ~, ~A F~ (~1) 832-~55 ~ORIDA ~ OF JO~ H. ~ ~A ~ ~BUC ACCO~ ~O~ A. ~ ~ ~A ~D,~A Audit Selection Committee City of Boynton Beach 2"d 100 Boynton Beach Boulevard, Floor Boynton Beach, Florida We are pleased to present our proposal to serve as the independent auditors for the City of Boynton Beach. We are very proud of our Firm, our clients and our professionals and we hope this proposal conveys how strongly we desire to be associated with the City of Boynton Beach. After reviewing your Request for Proposal and meeting with Ms. Reese and Mr. Davis, we have a clear understanding of the qualities the City is seeking in their auditors. Caler, Donterh Levine, Druker, Porter & Veil, P.A. is the right Firm to meet your expectations by performing a thorough, quality audit in the timely and efficient manner that you expect. Equally as important, we understand the history behind the City and the challenges you face. We are available to the City throughout the year to answer your questions, serve as a professional resource, and advise you on matters that will ensure the continued financial stability and sound management policies of the City. Based on your Request for Proposal, our engagement will be a financial and compliance audit of the City of Boynton Beach in accordance with U.S. generally accepted auditing standards; the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States; OMB Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations and Chapter 10.550, Rules of the Auditor General. All work will be completed within the time schedule outlined by the City in the Request for Proposal. About Our Firm Caler, Donten, Levine, Druker, Porter & Veil, P.A. was originally formed in 1987 with five partners and one secretary, today it is the leading full service, local CPA firm in Palm Beach County with 36 employees. Why has our growth been so dramatic? Very simply, we provide the best client service at a reasonable price. Our f'h-m was created by partners with a vision. Each of our parmers was associated with one of the "Big Four" international accounting firms, but recognized that there was an opportunity to fulfill a need in our community with a new type of firm. Our philosophy was to combine the knowledge and experience of seasoned professionals from an international firm background with the responsiveness and flexibility possible with a local CPA firm. We eliminated the typical staff pyramid in favor of a new structure where much of the work is performed by our partners and managers, not by staff accountants or trainees. As a client of our firm, you will deal directly with the partners that have the knowledge, experience and authority to answer your questions and make critical business decisions. 1 Why Select Caler, Donten & Levine? As you review .the proposals for independent auditors, many finns will have qualified personnel and-experience. In fact, most firms may appear to be equal choices. Why are we different and'what makes Caler, Donten, Levine the best choice for the City? We suggest you consider the following: · Experience - i~Ttat percentage of the work on the City's audit will actually be performed by the partners and professionals with the most experience? Most firms use a pyramid approach to audit staffing, where the least experienced staff accountants at the bottom of the pyramid, perform the majority of the work and the most experienced partners at the top perform as little as 5% of the engagement. Our partners typically perform 30% or more of the total audit work and may perform all the work in areas of critical concern, such as investments. This means that our partners with 20 years of experience are looking at the original books and records of the City, not just relying on the work and judgment of far less experienced junior accountants. · Local Professional~ - How many of the professionals performing the City's audit actually live and work in Palm Beach County? Understandably, the professional auditing guidance places a great emphasis on understanding the environment in which a client operates. The more an auditor knows about the history, current activities and future plans of the client, the better the understanding of why things are done and how improvements can be made. The members of our audit team know what is going on in our community because they live and work in Palm Beach County; Scott Porter has lived here for the past 25 years, and Mark Veil grew up and has lived in the County for nearly 40 years. Palm Beach County is the focus of our practice and home to nearly all our current government audit clients. This means our attention will be focused here, on the City, and not on clients in other parts of the State. · Reasonable Fees - How much value will the City receive from each firm's audit proposal? As with most things, the lowest price may not always be the best value, and this applies to professional auditing services as well as commodities. If an audit was nothing more than preparing annual financial reports, the lowest price would probably be the best value. However, we believe that auditors should do much more. Auditors should be a resource for the City, answering questions and assisting in improving the efficiency of City operations; assuring that 'policies and procedures are not only working, but still make sense; and, making recommendations that avoid problems. Our audit team has the hands-on partner involvement and experience to do more than prepare audit reports. When you consider the fee, consider the value to the City of more hands-on partner time and involvement, and the years of experience (25 years for Scott Porter and 23 years for Mark Veil) of the professionals on your engagement. As with most things, you get what you pay for. · Custom Tailored Audit Approach - [-[ow much thought goes into determining the best audit approach for the City? Many finns consult a series of audit manuals, copy the audit program, and complete all of the standard audit steps regardless of whether they apply to the entity or not. Our partners will actually prepare the audit program based upon our knowledge of the City's operations. Accordingly, our audit approach will focus on testing the City's major internal control systems, significant audit areas, material dollar amounts, and perceived high risk areas. 2 · Communication - How many audit partners will be on-site to meet with you throughout the audit and discuss any significant auditing and reporting issues, management letter comments, and questions or concerns that you may have? We believe that open and fi'equent communication is important in order for us to serve the City Jla the best possible manner. We believe that it is important to meet with you to discuss audit progress and any issues that may arise. This eliminates the potential for last minute surprises. Furthermore, we encourage you to consider our Firm a resource and call on us throughout the year to discuss new ideas, issues and concerns. As a leading local firm in Palm Beach County, we are anxious to prove our abilities to you because our future reputation depends on what you tell others about our people and our quality of service, ff you would like to talk with us further on any matter presented in our proposal, please call Scott Porter or Mark Veil at (561) 832-9292. Om'proposal is a firm and irrevocable offer for 90 days. On~nten, Levine, Druker, Porter & Veil, P.A. Scott L. Porter, C.P.A. Partner Technical ~oposal Firm Background and History Caler, Donten, Levine, Druker, Porter & Veil, P.A. was originally formed in 1987 with five partners and one secretary; today it is the leading full service, local CPA firm in Palm Beach County with 36 employees. Why has our growth been so dramatic? Very simply, we provide the best client service at a reasonable price. Our firm was created by partners with a vision. Each of our parmers was associated with one of the "Big Four" international accounting firms, but recognized that there was an opportunity to fulfill a need in our community with a new type of firm. Our philosophy was to combine the knowledge and experienCe of seasoned professionals from an international firm background with the responsiveness and flexibility possible with a local CPA firm. We eliminated the typical staff pyramid in favor of a new structure where much of the work is performed by our parmers and managers, not by staff accountants or Wainees. As a client of our firm, you will deal directly, with the partners that have the knowledge, experience and authority to answer your questxons and make critical decisions. As the leading local firm in our area, our goal is to provide you with the very best quality service and personal attention to your specific needs. Our audit partners combine the professionalism and experience gained through over twenty years supervising government audits in the West Palm Beach office of Ernst & Young with the pride, commitment, and responsiveness to your needs that you would expect from local business owners. The Finn's professional staff are certified public accountants with expertise in a variety of specialized areas and industries. Our clients include individuals, small to medium sized businesses, local governments, not-for-profit organizations, professional service finns and foreign businesses and investors. Our clients' businesses encompass a wide variety of industries including real estate, construction, retail, manufacturing, doctors, restaurants and entertainment, private clubs, golf courses, hotels, motels and health care facilities. While our practice is primarily concentrated in Palm Beach County, we also serve clients with interests that stretch from North to South America and into Europe and Asia. The professionals in our Firm are all members in good standing with the American Institute of Certified Public Accountants and the Florida Institute of Certified Public Accountants. Our professionals are also outstanding members of our community who recognize their obligation to return some of the success they have enjoyed. The professionals in our Firm are individuals of diverse talents and interests who devote considerable personal time to serving as officers and board members of local civic, cultural, charitable, religious, hospital and government organizations, as well as Chambers of Commerce and various professional associations. 4 2. Independence Caler, Donten, Levine, Druker, Porter & Veil, P.A. is independent of the City of Boynton Beach, Florida, pursuant to U.S. generally accepted auditing standards and Government Auditing Standards, issued by the Comptroller General of the United States. Furthermore, neither the Firm nor any of its officers or employees has had any conflicts of interes~ or professional relationships involving t~e City of Boynton Beach, Florida, or any of its officials or employees within the past five years. Our Firm's system of quality control is specifically designed to identify any such professional relationships or potential conflicts and should any arise we agree to provide the Ci~ with written notice of any such professional relationships during the term of our engagement with the City. 3. License to Practice in Florida Caler, Donten, Levine, Dmker, Porter & Veil, P.A. is licensed to practice public accounting in th~ State of Florida. The Firm has provided continuous certified public accounting services since 1987. A copy of the Firm's professional license is included below. AC, 0 2 2 4 4 0 0 STATE OF FLORIDA DEI~.~"I')~DIT OF BUSZ~SS ~ PROF~SSZON~ ~TION DZVZSZON OF ACCO~ 10/11/1001 01900869 The ~CO~ CO~TZON ~ndor ~he provi8~on8 o~ Chapter 473 ~S. ~tga~ton ~gez D~ 31, 2003 All profcssionsl staffparticipating in thc engagement for thc City of Boynton Beach will also be properly licensed to practice in Florida. 5 4./Firm Qualifications and Experience Our Professional Staff The number of professional staff employed by Caler, Donten, Levine, Druker, Porter & Veil, P.A. is as follows: (. NUmber of CPA's Staf6L~veI~- ~:. Total. Staff.' An_ditS~: :'i~ ~, on Audit Staff Partner 10 3 3 Manager 3 I 1 Senior 7 4 4 Staff 16 2 2 Totals 36 10 10 As a result of the commitment and involvement of our Firm with governmental auditing in Palm Beach County, all of the professional audit staffare experienced with government audit engagements. Professional Job Descriptions Panner- Our partners are the owners of our Firm. They are the decision makers for all aspects of our professional practice. All o four audit partners are CPA's and have a minimum of twenty years of professional experience. They are responsible for all aspects of each engagement and for performing a substantial portion of the on-site fieldwork. Manager Managers are CPA's with a minimum of tea years of professional experience. They are responsible for perfo,rmmg, aydtt p?ced?es supervision of a partner in the field and are rdaowteageaote ann expenenccu practice area. .IlCI L 6 Senior , Seniors are CPA's with a minimum of five years of professional experience. They are responsible for performing audit procedures under the supervision of a partner or a manager in the field. Seniors have the experience and knowledge to deal effectively with client personnel on routine matters. Staff- Our other professional staff are generally oriented toward our tax practice. Due to the importance we place on the quality of our audit engagements, we have not hired below the senior staff level (five year mirfimum experience) for the audit practice. However, some staff periodically work with our auditors performing confixmation and clerical functions for audit engagements. Litigation Status In its history, the Firm and its professional staffhave never been the subject of professional litigation or disciplinary action by the Florida Department of Professional Regulation or any other regulatory body. Further, the Firm has never received any findings resulting from Federal~ or State desk reviews or field reviews of our audits. We ar~ proud of our professional record, which provides an excellent reference for the quality audit the City will receive from Caler, Donten, Levine, Druker, Porter & Veil, P.A. Quality Control and Peer Review Caler, Donten, Levine, Druker, Porter & Veil, P.A. is a member of the American Institute of Certified Public Accountants Private Companies Practice Section, an organization of CPA firms dedicated to maintaining the highest standards of quality. As a part of this program, each member fu'm must establish an internal quality control program and submit to an independent peer review every three years. Our quality control program and government audit engagements have been extensively audited by an independent fu-m in connection with the Division's peer review program. Since its inception, our fu'm has received an unqualified opinion on the quality of our audit practice and government audit engagements, which is the highest level of achievement and recognition in the peer review program. In addition, we received no letter of comments for both our peer review in 2000 and in 1997. This exceptional achievement means that there were no areas where the peer reviewers recommended improvements in the way our audits are performed. In the world of accounting firms, this is equivalent to receiving no management letter comments and no Certificate of Achievement comments covering our prior six years of practice. We encourage the City to ask other firms whether they meet this same high standard of quality and to provide a copy of any letter of comments the firms received frotn their latest peer review. IIc L 7 In selecting, our. peer review firm, we looked for the same professionalism, quality and experience we strive to provide our clients. Our peer review has been performed every three years by Mi. Converse Chellis, CPA. Mr. Chellis is a partner in a comparable local firm in South Carolina and is a recognized leader in the peer review of CPA firms. In addition, Mr. Chellis' audit practice includes numerous governmental audit clients and he is an elected South Carolina State Representative. A copy of our most recent peer review report from Mr. Chellis' firm in 2000 appears on the following page. 8 Gamble 133 Fa~t First North Street, Suite 9 200 Mestm$ Strut, Stute 401. 2 Beachw~ker Drive. SUite 7A Givens & SummerWlla. SC 29483 Charleston. SC 29401 K~aw&h Island. SC 294~$5 Tek 843.937.9710 Tel: 843,937.9710 Tel: 843.768.0209 MOO(ly .P,A. Fax: 843.875,4919 Fax: 843,723.9573 Fax: 843.768.0701 w-ww.g~mcpa.com CPActive~ncpa. com September 27, 2000 To the Shareholders Caler, Donten, Levine, Druker, Porter & Veil, P.A. We have reviewed the system of quality control for the accounting and auditing practice of Calm', Donten, Levine, Drukm', Porter & Veil, P,A- in effect for the year ended June 30, 2000. A system of quality control encompasses the firm's organizational structure and the policies adopted and procedures established to provide it wilh reasonable assurance of conforming with professional standards. The elements of qualRy control are described in the Statements on Quality Control Standards i~ued by ~e American Institute of Certified Public Accountants (AICPA). The design of the system and compliance with it am the responsibility of the firm. Our responsibility is to express an opinion on the design of the system, and the firm's compliance with the system based on our review. Our review was conducted in accordance with standards established by the Peer Review Board of the AICPA. In performing our review, we obtained an understanding of the system of quality control for the firm's accounting and auditing practice. In addition, we tested compliance with the firm's quality control policies and procedures to the extent we conslderecl appropriate. Because our review wes based on selective tests, it would not necessarily disclose all weaknesses in the system of quality control or all instances of lack of compliance with it. Because there am inherent limitations in the effectiveness of any system of quality control, departures from the system may occur and not be detected. Also, projection of any evaluation of a system of quality control to future periods is subject to the dsk that the system of quality control may become inadequate because of changes in conditions, or because the degree of compliance with the policies or procedures may deteriorate. In our opinion, the system of quality control for accounting and auditing practice of Caler, Oonten, Levine, Druker, Porter & Veil, P.A. in effect for the year ended June 30, 2000, hes been designed to meet the requirements of the quality control standards for an accounting and auditing practice established by the AICPA and wes complied with during the year then ended to provide the firm with reasonable assurance of conforming wi~ professional standards. 9 Professional Associations The Firm is registered with the Florida Department of Professional Regulation and is a member in good standing of the American Institute of Certified Public Accountants, the Florida Institute of Certified Public Accountants, the Government Finance Officers Association, the Florida Government Finance Officers Association, the Palm Beach County League of Cities and the Association of Government Accountants. 5. Partner, Supervisory and Staff Qualifications and Experience Engagement Team and Experience The City of Boynton Beach is managed by knowledgeable professionals with many years of experience and you have a right to expect the same skills from your auditors. Our audit team experience auditing local governmental ano utmt3~ operations Will prepare a the City's audit. Our engagement team and their estimated involvement in the audit are as follows: Scott Porter - Engagement Partner Governmental Funds 24% Mark Veil - Engagement Partner Enterprise Funds 20% James Hutchison - Review Partner 35% Donna Wisnesld - Manager 20% Cindy Fader - Senior A team of experienced professionals performing your audit is the only way to ensure thoroughness and quality, with an efficient audit process that does not waste your time. Our commitment to the highest level of professional staffing on engagements means that our engagement partners and manager perform substantially more of the audit work than any other accounting firm we know of. Why is this important? In our Firm, the most experienced and knowledgeable CPA's are the professionals examining your source documents, transactions and investments. We know what to look for and how to avoid potential problems. Compare the 40+ years of experience of our engagement partners, over 14 years of experience of our manager and over 10 years of experience of the senior, to other accounting firms using staff with I to 2 years experience and seniors with 3 to 4 years experience. In addition, our guideline ora minimum of five years of professional experience as a CPA and only full-time employees for the audit staff means that the City is assured of dealing only with knowledgeable professionals. lO Our audit partners for the City, Scott Porter and Mark Veil, also have hands-on audit experience .in specialized areas of importance to the City, such as: All aspects of Enterprise utility operations, including water and sewer systems, stormwater systems, solid waste systems, airport, electric utility systems and building department operations. Municipal bond financing, including general obligation bonds and issues secured by various special revenues, refunding bond issues, bank financings and interest rate swap agreements. Water, sewer and governmental capital improvement projects and long-term capital improvement plans, including those financed by bonded debt. Pension plans covering police, fire and general employees, including pemion trust funds administered by municipalities, the State of Florida and third parties, such as the Florida League of Cities. Federal and State Single Audits of grant funds. As you will see fi.om the resumes on the following pages, each member of our team has experience with audits for a diverse range of small and large municipalities and special districts. This means that you will deal only with experienced professionals who know how to audit operations similar to the City of Boynton Beach, without disrupting the daily routine and productivity of your staff. In addition, with experienced parmers working on-site at the City during the audit, we will make decisions and discuss issues and recommendations as the audit progresses so there are no last-minute surprises. As partners and owners of our Firm, the City can be assured that Scott Porter and Mark Veil will be available in subsequent years to work on the audit of the City. This commitment of partner time will provide quality and consistency in the audit that is tmmatched by any other firm. In addition, we have had little turnover on the audit staff in over five years. This means that the City staff will not be required to train new auditors or disrupt their work schedule to deal with new auditors each year of the engagement. .... II CI L 11 Scott L. Porter, C.P.A. Audit Engagement Partner Education Bachelor of Science in Accounting, Stetson University, Deland, Florida. Scott is a licensed Florida C.P.A. who began his career with Ernst & Young in West Palm Beach. After 11 years at Ernst & Young, Scott left to be a founding partner ofCaler, Donten, Levine, Dmker, Porter & Veil, P.A. Scott's governmental continuing professional education (CPE) exceeds the requirements of Florida Statutes and Government Auditing Standards issued by the Comptroller General of the United Stat~s. Government Scott's experience with audits of local governments over the last Audit five years includes the following: Experience Municipalities Town of Supiter [ ~ Town of Palm Beach Town of Lake Park [2 Village of Royal Palm Beach Town of Jupiter Island [2 Town of Juno Beach Special Districts and Counties [2 Solid Waste Authority / ~ Palm Beach County of Palm Beach County Department of Airports O Florida Inland Navigation ~ De[ray Beach Community Dis~ct Redevelopment Agency In addition, Scott has been involved in numerous Federal and State Single Audits for our government clients involving the following federal and state agencies: Department of Environmental Protection, Department of Justice, Department of Housing and Urban Development, Department of Interior, Department of Labor, Department of Transportation, Federal Aviation Administration and Federal Emergency Management Administration. 12 Professional American Institute of Certified Public Accountants ,tssociation~ Florida Institute of Certified Public Accountants and Committee on State and Local Government (past) Activities Government Finance Officers Association Special Review Committee for the Certificate of Achievement for Excellence m Financial Reporting (past) Florida Government Finance Officers Association Technical Resources Committee (past) Association of Government Accountants Certified Government Financial Manager Palm Beach County Internal Audit Committee (past) Palm Beach County League of Cities Palm Beach County Health Care District Board member 1992 to 2000, past Secretary, Chair and Vice-Chair Directions '94 Conference participant South Florida Vision 2025 participant CPE Credit Hours Government Florida GFOA 2000 Annual Conference 17 Continuing Florida GFOA - GASB 34 Implementation 8 Professional Auditor General - Florida Single Audit Act 6 Education Ernst & Young Local Government Seminar 2000 7 (CPE) Florida GFOA 2001 Annual Conference 17 Ernst & Young Local Government Seminar 2001 16 Florida GFOA 2002 Annual Conference 17 Ernst & Young Local Government Seminar 2002 16 Total Government CPE - prior three years 104 _IIc L Mark D. Veil, C.P.A. Audit Engagement Partner Education Bachelor of Science in Accounting and Master of Accounting, University of Florida, Gainesville, Florida. Mark is a licensed Florida C.P.A. who began his career with Ernst & Young in West Palm Beach. After 9 year~ at Ernst & Young, Mark le~t to be a founding partner ofCaler, Donte~ Levine, Druker, Porter & Veil, P.A. Mark's governmental continuing professional education (CPE) exceeds the requirements of Florida Statutes and Government Auditing Standards issued by the Comptroller General of the United States. Government Mark's experience with audits of local governments over the last Audit five years includes the following: Experience Municipalities Tow~ of Palm Beach [ i Town of Lake Park Village of Royal Palm Beach Town of Supiter Town of Suno Beach Town of Jupiter Island Special Districts and Counties {~ Solid Waste Authority O Palm Beach County of Palm Beach County Department of Aixpor~s r"l Florida Inland Navigation O Delray Beach Couu~umty District Redevelopment Agency In addition, Mark has been involved in numerous Federal and State Single Audits for our government clients. 14 Professional American Institute of Certified Public Accountants Associations' .. Florida Institute of Certified Public Accountants and Past President of the East Coast Chapter Activities Florida Government Finance Officers Association Association of Government Accountants Certified Government Financial Manager Northern Palm Beaches Chamber of Commerce Member of Board of Directors, past-president Palm Beach County League of Cities Northern Palm Beach County/Southern Martin County Plarming Forum Participant Port of Palm Beach Audit Committee Professional and Business Forum Leukemia and Lymphoma Society, Treasurer - Palm Beach Chapter Government CPE Credit Hours Government Florida GFOA 2000 Annual Conference 17 Continuing Florida GFOA - GASB 34 Implementation 8 Professional Auditor General - Florida Single Audit Act 6 Education Ernst & Young Local Government Seminar 2000 7 (CPE) Florida GFOA 200 l Annual Conference 17 Ernst & Young Local Government Seminar 2001 16 Florida GFOA 2002 Annual Conference 17 Ernst & Young Local Government Seminar 2002 16 Total Government CPE - prior three years 104 15 James B. Hutchison, C.P.A. Audit Review Partner Education Bachelor of Science in Accounting, Florida State University. Jim is a licensed Florida CPA who began his career at Deloitte Haskins & Sells in Miami and West Palm Beach. After 17 years as a partner at Deloitte, he spent three years as a partner for Laventhal and Horwath and opened an office for Arthur Andersen, LLP in 1990, serving as an audit partner until he joined Caler, Donten, Levine, Druker, Porter & Veil, P.A. in 2001. Jim's governmental continuing pwfessional education (CPE) exceeds the requirements of Florida Statutes and Government Auditing Standards issued by the Comptroller General of the United States. Government Jim's experience with audits of local governments over the last ~ludit five years includes the following: Experience Municipalities and Other Government Organizations ~l City of West Palm Beach I ~ Palm Beach County ~ City of Fort Lauderdale Health Department Q City of Pompano Beach Palm Beach County Housing Finance Authority Special Districts and Counties ~ Health Care District of Q Palm Beach County of Palm Beach County ~1 Palm Beach County D Martin County School District In addition, Jim has been involved in numerous Federal and State Single Audits for our government clients involving the following federal and state agencies: Department of Environmental Protection, Department of Justice, Department of Housing and Urban Development, Department of Labor, Department of Transportation, Federal Aviation Administration and Federal Emergency Management Administration. 16 Professional American Institute of Certified Public Accountants Associations. : Florida Institute of Certified Public Accountants and Committee on State and Local Government Activities East Coast Chapter - President (past) Government Finance Officers Association Florida Golf Council and Palm Beach County Golf Association Economic Council of Palm Beach County Forum Club, Palm Beach County Government CPE Credit Hours Government Florida GFOA 2000 Annual Conference 17 Continuing Florida GFOA - GASB 34 8 Professional Florida GFOA - GASB Implementation 8 Education Arthur Andersen Local Government Seminar 2000 8 (CPE) Florida GFOA 2001 Annual Conference 16 Total Government CPE - prior three years 27 IIcDL 17 Donna M. Wisneski Audit Manager Education Bachelor of Science in Accounting, Florida State University, Tallahassee, Florida. Donna is a C.P.A. licensed in Mississippi and has met the governmental continuing professional education (CPE) requirements of Florida Statutes and Government Auditing Standards issued by the General Accounting Office. Donna is working on the reciprocal transfer for her Florida C.P.A. license atter relocating back to Florida. Government Donna joined our Firm in 1993 and has worked extensively on Audit governmental audits in Mississippi and Florida since beginning in Experience public accounting. Her governmental audit clients over the last five years have included the following: Municipalities Town of Supiter I ~ Town of Lake Park Town of Palm Beach Village of Royal Palm Beach Special Districts and Counties Sohd Waste Authority -I Palm Beach County of Palm Beach County Deparlment of Airports Delray Beach Couuaumty Redevelopment Agency 18 Professional American Institute of Certified Public Accountants Association'_s . Florida Institute of Certified Public Accountants and Florida Government Finance Officers Association Activities Association of Government Accountants Certified Government Financial Manager Maternal Child and Family Health Alliance of Palm Beach County, Inc. - Board M~'nb~ City of Palm Beach Gardens, Florida Beautification and Environmental Committee - Chair CPE Credit Hours Government State and Local Government Update 16 Continuing FICPA Auditing and Reporting on Local Professional Governments in Florida 16 Education Auditor General - Florida Single Audit Act 6 (CPE) FICPA Governmental Annual Update 8 Ernst & Young Local Government Seminar 2001 16 Ernst & Young Local Government Seminar 2002 16 Total Government CPE - prior three years 75 Cindy Fader, C.P.A. Senior Auditor Education Bachelor of Science in Accounting, C on - Newman College, Jefferson City, Tennessee. Master of Accounting, Florida Atlantic University, Boca Raton, Florida. Cindy is a C.P.A. licensed in Florida and has met the governmental continuing professional education (CPE) requirements of Florida Statutes and Government Auditing Standards issued by the General Accounting Office. Government Cindy joined our Firm in 1998 and has worked extensively on Audit governmental audits in Florida. Prior to joining our Firm, Cindy spent Experience ten years with another West Palm Beach CPA firm. Her Florida governmental audit clients have included the following: Government Audit Clients ! Village of Royal Palm Beach I ~1 Defray Beach Community Town of Palm Beach ] Redevelopment Agency Town of Supiter ~2 Florida Inland Navigation Town of Jupiter Island District Professional Florida Institute of Certified Public Accountants Associations American Institute of Certified Public Accountants and Florida Government Finance Officers Association Activities Government CPE Credit Hours Government State and Local Government Update 8 Continuing FICPA Auditing and Reporting on Local Professional Governments in Florida 8 Education FICPA Governmental Annual Update 16 (CPE) Total Government CPE - prior three years32 llc/ L ,",: 20 ~ 6. Prior Engagements With The City of Boynton Beach Caler, Donten, Levine has performed no engagements for the City of Boynton Beach within the past five years. Staffing large engagements like the City from offices outside Palm Beach County is the norm for most finns. Ask the other firms where their partner, manager and senior live. We are the only firm that has local professionals with the experience and skill to serve the City from one office, in West Palm Beach just minutes away. 7. Similar Engagements With Other Government Entities Current Government Audit Clients We are very proud to be the auditors for the following government organizations in our area. The size and diversity of these governments provide a wide range of experience, but equally as important, is the date of our first engagement for these clients, indicated in parenthesis. Our long association with our clients, some since our founding in 1987, is an indication of the quality, professionalism and service we provide. As local business owners, we are committed to long-term relationships with audit clients in our local community. [] Town of Juno Beach (1987) Town of Jupiter (! 994) Town of Jupiter Island (2000) Town of Lake Park (!992) Town of Palm Beach (1994) Village of Royal Palm Beach (1993) [] Solid Waste Authority of Palm Beach County (1987) Health Care District of Palm Beach County (2001) Palm Beach International Airport (1992) Palm Beach County Housing Finance Authority (2001) Florida Inland Navigation District (1989) Delray Beach Community Redevelopment Agency (1990) IIcDL 21 In addition to our current clients, our partners also directed audits by the local office of Ernst & Young f6r tb,e following local municipalities prior to forming Caler, Donten & Levine: Town of Gulf Stream a Village of North Palm Beach [] Village of Palm Springs City of Boynton Beach City of Dekay Beach a City of Lake Worth City of North Lauderdale City of Palm Beach Gardens City of Pembroke Pines [] City of West Palm Beach GASB 34 Experience The majority of our municipal audit clients will implement the provisions of Statement No. 34 of the Governmental Accounting Standards Board (GASB 34) for the fiscal year ending September 30, 2003. This will be the required implementation date for our clients as they chose not to early adopt GASB 34. Four of our clients implemented GASB 34 in 2002. [] Solid Waste Authority of Palm Beach County [] Health Care District of Palm Beach County Palm Beach International Airport Palm Beach County Housing Finance Authority The GASB 34 implementation for these governments was a smooth transition and the financial statements were issued in the same timeframe as prior years. In addition, we are assisting our clients in their implementation plans for 2003 and have akeady prepared drafts of the GASB 34 financial statements for engagements where we prepare the financial statements. This means our partners and staffare familiar with the requirements of the new standards, including the financial statement presentation and note disclosures. Certificate of Achievement During the past 23 years, we have assisted local municipalities in attaining and maintaining the GFOA Certificate of Achievement for Excellence in Financial Reporting. Our panners' experience includes audits for the following local government clients of our Firm that cun'ently hold a Certificate of Achievement: _IIcDL 22 Town of Juno BeaCh Town of Jupiter Town of Palm Beach Village of Royal Palm Beach Solid Waste Authority of Palm Beach County Health Care District of Palm Beach County We are very proud that during our partners' involvement with these local governments, each has received successive Certificates of Achievement. This impressive record is a direct result of the commitment of our partners to local government and the Certificate of Achievement Program. The participation and success of the City of Boynton Beach in the Certificate of Achievement Program .will be a high priority for the members of our engagement team. Scott Porter was a member of the Special Review Committee for the Certificate Program for ten years. Experience With Computerized Accounting Systems Our partners have an extensive background and range of experience with computerized systems. In connection with the audits of local governments we have hands-on experience with large mainframe systems and smaller network systems for the following: Town of Jupiter Town of Palm Beach Village of Royal Palm Beach Town of Juno Beach Town of Jupiter Island Town of Lake Park Solid Waste Authority of Palm Beach County Health Care District of Palm Beach County Florida Inland Navigation District Delray Beach Community Redevelopment Agency These systems have incorporated a diverse range of software used to process transactions for cash receipts, purchasing and accounts payable, payroll and related benefits, utility billing systems and fixed asset accounting and depreciation systems. Most important to the City of Boynton Beach, we have the prior knowledge and audit experience with both the AS400 computer and HTE software used by the City. This experience includes the Town of Jupiter and the Village of Royal Palm Beach. II 23 I In today's environment, it is essential that the auditor understand the specific computer software and: the role of the computer within the entity that is being audited. Our understanding of the City's computer system and our knowledge of the HTE software is critical to designing an effective and efficient audit for the City. Utility Billing Systems Calma, Donten & Levine currently audits three major municipal water and wastewatma utility systems in our area: [] Town of Supitma Water and Sewer System [] Village of Royal Palm Beach Water and Sewer System [] Town of Jupiter Island Water and Sewer System In addition to our current clients, our partners have also directed audits of the following computerized utility billing systems while with Ernst & Young: Village of Palm Springs Water System City of Boynton Beach Water and Sewer System City of Delray Beach Water and Sewer System [] City of Lake Worth Water and Sewer System City of Lake Worth Electric System City of Pembroke Pines Water and Sewer System City of West Palm Beach Water and Sewer System 24 Client References The following engagements represent a cross-section of the govermnental audits our partners have performed that are similar in scope and complexity to the audit of the City of Boynton Beach. We sincerely hope that the City has an oppormmty to contact these local governments to ask them about our knowledge, experience and commitment to personal service. Government/ Engagement Part._er Scope of Work Date Client Contact Town of Palm Beach Financial Statement Audit 1994 to present Ms. Jane Skinone (Certificate of State Grant Audits Finance Dffector Achievement) Bond Compliance 360 S. County Road Management Letter Palm Beach, Florida 33480 Parmer: Mark Veil (561) 835-4724 Town of Supiter Financial Statement Audit 1994 to present Mr. Michael Si~,~ons (Cen'ificate of Water and Sewer Utility Finance Dixector Achievement) State Grant Audits 210 Military Trail Bond Compliance Jupiter, Florida 33458 Partner: Scott Porter Management Letter (56 l) 746-5134 Town of Jupiter Island Financial Statement Audit 2000 to present Ms. Connie Holloman Water and Sewer Utility Finance Director Single Audit (federal and Bunker Hill Road state grants) Jupiter Island, Florida 33475 Bond Compliance (561) 546-501 l Panner: Scott Porter Management Letter Village of Royal Palm Financial Statement Audit 1993 to present Mr. Stanley Hochman Beach Water and Sewer Utility Finance Director (Certificate of Single Audit (federal and 1050 R.P.B. Boulevard Achievement) state grants) Royal Palm Beach, Florida Bond Compliance 3341 l Partner: Mark Veil Management Letter (561) 790-5112 Solid Waste Authority Financial Statement Audit 1987 to present Mr. John Green (Certificate of Florida Single Audit Assistant Director of Achievement) Bond Compliance Financial Management GASB 34 Adopted Management Letter 7501 North Jog Road West Palm Beach, Florida Partner: Scott Porter 33412 (561) 640-4000 ,-11 CI L 25 .. & Specific Audit Approach a. Segmentation of Audit Procedures Our audit approach for the City of Boynton Beach will be segmented into a four-phase process that is tailored specifically to the accounting system and internal controls of the City. These phases are as follows: Phase 1 -- Information gathering and preliminary planning Phase 2 -- Audit program development Phase 3 -- Internal control testing and year-end fieldwork Phase 4 -- Report preparation and review Thefirst phase of our audit approach involves updating and gathering new information. In order to update our information and address any concerns for the current year, we will meet with the Finance Director to obtain her input into the audit process. We will inquire about any areas in which management has concerns. We will gather information and documentation about the City's computer system, its internal control systems, and its key people. We will review prior year financial statements, the current year budget, organization charts, manuals and programs, and financial and other management information systems. We will perform preliminary analytical procedures to identify variances from budget and changes from the prior year. We will review the City's Code of Ordinances and debt agreements to identify any additional items to test for compliance. Finally, we will formalize our work-plan with the Finance Director and schedule the specific dates and tasks to be completed. The second phase of our audit approach involves development of our formal audit program. Based upon the information gathered in the first phase, we will prepare an audit program that has been specifically tailored to the City and the transactions that have occurred during the year under audit. Many of our audit procedures will be the same as in prior years, while some will change as the systems and operations of the City change. Since the audit program ts prepared by an audit partner with significant knowledge of the City and substantial governmental audit experience, you can be assured that it is the most effective and efficient approach to the audit of the City. During this phase we will work with the Finance Director and Finance staffto coordinate the schedules and confirmations to be prepared for the audit. We will also continue to review schedules that your staff prepares on an ongoing basis to determine which of these schedules may be combined or eliminated, thus eliminating duplicate work. 26 The third phase, comprehends the actual interim and year-end fieldwork. The interim fieldwork consists mainly of the testing of the internal control systems, samples of ~ansactior~s and grant program t~ansactions. Our interim fieldwork will be performed this year in August or September. The year-end fieldwork will consist of year-end tests of balances, compliance testing and con~'mation procedures. This process will commence on or about the last week in November when your books will be closed and the year-end schedules completed. We expect our year end finldwork to be four to five weeks, considering the holidays, and will provide all final journal entries to the City on or about December 31~. Should the City desire any changes in the proposed audit schedule, we will work with you to accommodate your n~ds. The fourth phase of our audit approach involves the preparation and review of the various audit reports comprising your audit. We will review your Basic Financial Statements and prepare the compliance reports, Single Audit reports and management letter based on the information gathered during the performance of our audit procedures. Then, a partner who hasn't worked on the engagement will independently review these reports for completeness and accuracy. Next, we will review the final drafts with you and incorporate your comments before issuing the final reports. This pwcess will be completed so that your reports will be issued for the City Council's first meeting in February. b. Staff Assigned to Audit Segments The information gathering and planning phase of the City's audit will include substantial partner and manager involvement in the planning and audit program development. The tests of transactions will be performed by the audit senior and manager and reviewed by a parmer. The year end substantive tests will be performed by all members of the engagement team with substantial partner involvement in critical or high risk audit areas, such as investments and debt. c. Sample Sizes and Statistical Sampling AICPA Statements on Auditing Standards and the AICPA Audit and Accounting Guide, Audit Sampling, establish the requirements and provide suggestions on the use of sampling in audit engagements. In applying these authoritative pronouncements to a governmental audit engagement, tour distinct types of audit tests may involve the use of audit sampling, as follows: Substantive tests of balance sheet account balances Substantive tests of details of transactions Tests of controls Tests of compliance with laws and regulations IIcDL 27 Substantive tests of balance sheet account balances would generally involve year end confirmati-°n of. balances and sample size would be dependent upon the account balance and the relative-dOllar amount of the individual accounts. Generally, we combine confirmation and other substantive tests of balances to achieve an acceptable level of reliability. Substantive tests of details of transactions and tests of controls are usually combined into a "dual purpose test" utilizing the same sample of transactions. For example, we would select a sample of expenditures and test the transaction amounts by agreement to the general ledger postings. We would also test the controls, such as purchase order requirements, related to the same expenditure. We anticipate the following tests and sample sizes as part of our audit of the City: ~l Governmental fund revenues 25 transactions = Utility billing and revenue 25 transactions ~ Expenditures 60 transactions ~1 Payroll 25 transactions All samples will be selected randomly from the total population of transactions during the year. For example, expenditures may be selected randomly from all check numbers issued during the year. We utilize an audit software program that randomly selects check numbers from the check series used during the year. Tests of compliance with laws, policies and regulations would usually be incorporated with samples selected for tests of transactions and internal controls. Other criteria to be tested, such as specific grant compliance, may involve selecting a separate random sample of specific transactions and testing the supporting documentation for compliance with Florida Statutes, the City Ordinances or grant requirements. The sample sizes will depend on the number of transactions and the significance of the compliance requirement. Generally, the compliance sample sizes are 25 transactions or less. d. Computerized Audit Software As a firm we are committed to advancing the efficiency of our work through the use of the latest microcomputer technology. Automating our audit process has benefited our clients by reducing the staffand clerical time on the engagement, thereby providing more partner time to address the substantive issues of the audit. Accordingly, we have made a substantial investment in computer hardware and soft'ware £or a firm o£our size. All audit staff currently use Toshiba color notebook microcomputers as an integral part of all of our plangm. ' g and fieldwork procedures. Through the use of these portable computers, we are able to-utilize information from client records and audit programs more efficiently in preparing workpapers and financial statements. Some of the applications we use for the City and our other government audit engagements include the following: The latest versions of spreadsheet software allowing compatibility with client worksheets and easy updates of data for multi-year analytical review. Standard electronic audit workpapers for various applications such as analytical review, property and equipment and related depreciation, debt schedules, loan covenants and rate covenant reviews. Trial balance and financial statement applications allowhag summarization onto audit lead schedules, posting of audit adjustments, preparation of financial statements and various analytical review tools. 0 Soft-ware to determ/ne random sample selections and sample s/zes. Soft'ware for preparation and ed/ting of audit programs, audit workpapem and functions such as confirmation control. The numerous electronic workpapers and spreadsheets we have prepared for the City may be updated easily and quickly, to allow us to meet your timetable with the minimum amount of disruption to your daily operations. e. Analytical Procedures AICPA Statements on Auditing Standards require the auditor to apply analytical procedures as an overall review of financial information in the final stage of the audit. While the Statement does not specify any particular analytical procedures, our audit approach utilizes procedures that focus on the overall relationships within the basic financial statements. We also apply similar financial statement analytical procedures during the preliminary planning phase of the audit to identify any unusual or unexpected relationships that may warrant further investigation. During the course of the year-end fieldwork we utilize analytical review procedures to support the results of our other audit procedures. For example, in the testing of revenue and expenditures we would apply analytical procedures by comparing current year and prior year actual balances and comparing current year actual amounts to budgeted amounts. Any unusual or unexpected variations would be considered for further testing. I f. Documenra~on of ln~ernal ¢on~rol AICPA Statements on Auditing Standards define the elements of an entitys internal control and describes how the auditor should consid~ ~e internal controls in planning and performing an audit. ~e auditor is required to o~tam an und~tanding about the design of policies and procedures and whe~er ~ey have b~n placed in op~tion ~y the entity. Generally, our approach to obtaining an understan~g and document~g internal controls includes the following methods: Observation of activities and operations Inspection of documents and records Inquiry of appropriate management, supervisory and staff personnel For each oft. he major control systems, such as purchasing and cash disbursements, we will perform a "walk through" of a transaction from its inception until a check is prepared for final payment. We will update our documentation of the control system narratives and flowcharts, incorporating copies of new forms and sign-off procedures. This procedure would be repeated for each major control system of the City. g. Legal Compliance Documentation Generally, legal compliance criteria can be found in Florida law, rules, grant agreements, local ordinances, resolutions, policies, contracts and similar documents. In connection with our Firm's governmental audit practice, we maintain a legal compliance audit program of significant requirements of Florida Statutes related to municipalities. This legal compliance program is updated annually for amendments to the Florida Statutes. Specific legal compliance criteria related to the City of Boynton Beach is the basis for a legal compliance audit program of the significant compliance requirements we identified by a review of the City Ordinances and Charter. We will also consider the written policies and procedures, such as a purchasing manual, followed by management in the course of day-to- day operations. As contracts, grant agret~qnents, resolutions and similar documents are identified by inquiry of management and our audit procedures, any additional legal compliance requirements would also be added to the compliance audit program. All compliance audit programs are updated annually during our preliminary planning process. Scott Porter was a member of the FICPA Committee on State and Local Government that developed the FICPA practice aid Comt~liance Auditing in Ftoritlt~ that established the compliance criteria now followed by government auditors in Florida. h. ComPliance Audit Sample Selection The samples selected for testing legal compliance criteria will generally be incorporated with the random samples selected for testing transactions and internal controls. Other more specific legal requirements, such as contractual requirements, may be tested by selecting judgmental samples. Although legal compliance testing is generally not as extensive as tests of account balances and internal controls, we plan to support all major compliance requirements by a sample or workpaper analysis. 9. Identification of Anticipated Potential Audit Problems Based On our meeting with the City's Finance personnel we do not anticipate any potential audit problems. The ftrst year implementation of GASB Statement No. 34 will require additional audit effort and good communication with the City to complete the engagement in a timely manner, however, our on-site partner involvement will ensure that matters are addressed timely and resolved so that the audit will be completed on time. 10. Price Proposal Our fee proposal for the financial audit and Federal and State Single Audit of the City of Boynton Beach is: Maximum Annual Fiscal Year Ending Audit Fee September 30, 2003 $ 84,800 September 30, 2004 87,350 September 30, 2005 89,950 The proposed fee for the financial audit of the City is based on our commitment to limit any fee increase to an average 3% cost-of-living adjustment. The proposed fee is also based on the City continuing to qualify as a "low risk auditee' for the Federal and State Single Audit. Our invoices will be rendered monthly as the work progresses, ffwe incur less time at our standard hourly rates than the above fees, we will bill you only for our actual time. Hourly rates for any other professional services you request would be as follows: Partner $ 185 Manager 125 Senior 90 Scott L. Porter, Vice-President Addenda and Ac clitio al Information PROPOSER ACKNOWLEDGEMENT Submit Proposal~ To: PROCUREMENT SERVICES : : I00 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone: (561) 742-6323 Broadcast Date: April 29, 2003 RFP Title: THREE YEAR CONTRACT FOR FINANCIAL AUDITING SERVICES RFP Number: #061.1410-03/CJD RFP Received By: MAY 20, 2003, NO LATER THAN 10:04} A.M. (LOCAL TIME) RFP's will be opened in Procurement Services unless specified otherwise. RFP receiving date and time is scheduled for: MAY 20, 2003, no later than 10:00 A.M. (local time) and may not be withdrawn within ninety (90) days after such date and time. All awards made as a result of this RFP shall conform to applicable sections of the charter and codes of the City. Name of Vendor: Caler, Donten, Levine, Druker, POrter & Veil, P.A Federal I.D. Number: 59-2831281 A Corporation of the State of: Florida Arcs Codo: (561) Telephone Number: 832-9292 AreaCode: (561) FAXNumber: 832=9455 505 South Flagler Drive, Suite 900 Mailing Address: West Palm Beaqh, Florida 33401 City/State/Zip: Vendor Mailing Date: 5/20/03 Scott L. Porter Name Tyl~d 33 The City of Boynton Beach Procurement $~n, icts I00 £. Boynton B~ach Boult~rd P. O. ~: 310 Boyncon Beach, Florida 334~$-0310 T~l~,okone: ($~1) 742.~J20 FAX: (561) 742.6J06 ADDENDUM #1 DATE: May 15, 2003 RFP TITLE: THREE YEAR CONTRACT FOR FINANCIAL AUDrrING SERVICES RFP NUMBER: g061-1410-03/CJD Consultants are hereby notified that this Addendum shall be attached to and made a part of the above named RFP. The following items are issued to add to, del.~J~ete modify and clarify the RFP. These items shall have full force and effect as thc RFP, and cost involved shall be included in the proposal pricing. Proposals to be submitted on the specified dat~ shall conform with the additions and revisions listed herein. DESCRIPTION:. NOTE: Item # 4-2 Technical Propo~ah On page (17) g7 - Similar Eugagernenls with other Government Entities: Delete last sentence of that paragraph. "CAFRs issued in connection with thoae engagemenU must be submitted with the proposal." (This not required any longer). 34 Caler, Donten, Levine, Druker, Porter & Veil, P.A. Company Name z'~ Signature Date Bill Atkins Deputy Director of Financial Services /cid C: Finance Director- Diane Reese Auditor - Steve Davis Central File Shelf Copies Demandstat. com File 35 STATEMENT OF PROPOSER'S QUA Li FICATIONS Each Proposer proposing on work included in these General Documents shall prepare and submit the data requested in the following schedule of informalion. This data mustbe included in and made part of each bid document. Failure to comply with this 'instruction may be regarded as justification for rejecting the proposal. * attach additional sheets giving thc information 1. Name of Proposer: Caler~ Donten~ Levine~ Druker~ Porter & Veil, P.A. 2. Busincss Address: 505 South fflagler Drive, Suite 900 14est Palm Beach, Florida 33601 3. When Organized: 1987 4. Where Incorporated: Florida 5. How many years have you been engaged in business under the presenl firm name?. tls 6. General character of work performed by your company. Accounting, auditing and tax services 7. Enclose evidence of ~ssessi.on of required licenses and/or business permits. See ?echnt. cal Proposal Section 3. 8. Number of employees. 36 9. Background and experience of principal members of your personnel, including officers. * See Technical Proposal Section 5. lO. Bonding capacity. NOt applicable 11. Have you ever defaulted on a contract? If so, where and why?* No 36 PROPOSER'S QUALIFICATIONS continued ...... 12. Experience in performance of work similar in importance to this project. Project $ Value Contact Name Phone # See Technical Proposal Section 7. 8. Contracts onhand. * See Technical Proposal Section 7. 9. Largest completed projects (include final cost). See Technical Proposal Section 7. ') 2) 15. List all lawsuils (related to similar projects)or arbitrations to which you have been a party and which: * l) arose t'rom performance: * None 2) occurred within the [asr 4 years: * None 3) provide case number and style: * None l~lest Palm Beach~ Florida Dated at: this 19t:hdayof Nay 20 03 By: (Whiten sYgflature) Name: Scott L. Porter (printed or typed) Vice President Title: 37 NONCOLI..USION AFFIDAVIT OF PRIME PROPOSER State of Florida ) County of Pahn Beach ) Scott L. 'Porter , being first duly sworn, deposes and says that: 1) He is Vice President of Caler,Donten~Levine,et-a,llhe proposer (Title) (Name of Corporation or Firm) that has submitted the attached proposal: 2) He is fully informed respecting the preparation and contents of the attached proposal and of all pertinent circumstances respecting such proposal; 3) Said proposal is genuine and is not a collusive or sham proposal; 4) Further, the said proposer nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, di'rectly or indirectly with any other proposer, firm m' person to submit a collusive or sham proposal in connection with the Contract for which the attached proposal has been submitted or to refrain from proposing in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communications or conference with any other proposer, firm or person to fix the price or prices in the attached proposal or of any other proposer, or to fix any overhead, profit or cost element of the proposal price or the proposal price of any other proposer, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Boynton Beach or any person interested in the proposed Contract; and 5) The price or prices quoted in Ihe attached proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the proposer or any of its agents, representatives, owners, employees, or parties in interest, including this (Signed) /~CC~' ~ (Title) Vice President Subscribed .',nd sworn to before mo 38 ANTI-KICKBACK AFFIDAVIT STATE OF FLORIDA ) :SS COUNTY OF PALM BEACH ) l, the undersigned hereby duly sworn, depose and say that no portion of the sum herein proposed will be paid to any employees of the City of Boynton Beach as a commission, kickback, rew~rd of gift, directly or indirectly by me or any member of my firm or by an officer of the corporation. By: NAME - SIGNATURE Sworn and subscribed bef0re~e this lc~ day of /rta~ ,20 ~ Printed Information: Scott L. Porter NAME Vice President TITLE t4[OTAR~ PUBLIC, State of Florida Caler, Donten, Levine, et.al. at La~ge COMPANY "OFFICIAL NOTARY SEAL" STAMP 39 CONFIRMATION OF MINORITY OWNED BUSINESS Not: Applicable A requested form to be made a part of our files for future use and information. Please fill out and indicate in the appropriate spaces provided which category best describes your company. Return this form with y~)ur proposal sheet making it an official part of your RFP response. ( ) AMERICAN INDIAN ( ) ASIAN ( ) BLACK ( ) HISPANIC ( ) WOMEN ( ) OTHER None (specify) Do you possess a Certification qualifying your business as a "Minority Owned Business"? YES NO If YES. name the Organization from which this certification was obtained and date: Issuing Organization for Certification Date of Certification 40 CONFIRMATION OF DRUG-FREE WORKPLACE IDENTICAL TIE PROPOSALS Preference shall' be .given to businesses with drug-free workplace programs. Whenever two or more proposals"' which are equal with respect to price, quality, and service are received by the · City of Boynton Beach or by any political subdivision for the procurement of commodities or contractual services, a proposal received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie proposals will be followed if none of the tied vendors have a drug- free workplace program. In order to have a drug-free workplace program, a business shall: 1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, POssession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under proposal a copy of the statement specified in subsection (l). 4) In the statement specified in subsection (1), notify the employee that, as a condition of working on the commodities or contractual services that are under proposal, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the.employee's community by, any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I ce~~.?~m complies fully with the above requirement. Vendor's Signature V.-CONSENT AGEN DA I'I'E B.5. CITY OF BOYNTON BEA( AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Hnal Form Must be Turned Meetin~ Dates j in t9 Ci~ Clerk's Office Me~tino Dates in to (~i~v Clerk's Office [] April 1, 2003 March 17, 2003 (Noon.) [] June 2, 2003 May 19, 2003 (Noon) [] April 15, 2003 March31, 2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) [] May 6, 2003 April 14, 2003 (Noon) [] July 1, 2003 June 16, 2003 (Noon) [] May20,2003 MayS, 2003(Noon) [] luly15, 2003 Sune 30, 2003 (Noon) C~ ,."*)-..,~ [] Administrative [] Legal ~ mca. NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] ~'esentation [] Consent Agenda [] Public Hearing '~' '~' [] Code Compliance/Legal Settlements [] Urdimshed Business RECOMMENDATION: A motion to award "RE-SEAL ROOF OF WEST WING OF CITY HALL COMPLEX". BIDg050-ISll-03/CJD to PREVENTATIVE MAINTENANCE SUPPORT SERVICES, INC. of Boca Raton, FL in the amount of: $15,995.00. EXPLANATION: The purpose of this bid is to seek a root'mg contractor to re-seal the West Wing roof located at The City Hall Complex. On May 6, 2003, Procurement Services received and opened six (6) proposals. All proposals were reviewed and it was determined that the alternate proposal submitted by Preventative Maintenance Support Services, Inc. was the lowest most responsive, responsible bidder who met all specifications. Richard Fiege, Facilities Management Supervisor concurs with ~ recommendation (se~ attached PROGRAM IMPACT: The purpose of this bid is to re-seal the roof of the West Wing of the City Hall Complex. FISCAL IMPACT: CIP ACCOUNT #: EXPENDITURE: ~~~~4~"~~~302'4102'580'62'01 $15,99~~ Deputy Director of Financial Services City Manager's Signature Procurement Services Department Name City Attorney / Finance / Human Resources S:~BULLE, T]I%'W-ORMSka. GENDA ITEM REQUEST FORM.DOC C: Richard liege - Facilities Management Supervisor PO File RESOLUTION NO. R 03- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE AWARD OF BID FOR "RE-SEAL ROFF OF WEST WING OF CITY HALL COMPLEX", BID #050-2511- 03/CJD, TO PREVENTTIVE M.MNTENANCE SUPPORT SERVICES, INC., IN THE AMOUNT OF $15,995.00; AUTHORIZING EXECUTION OF THE CONTRACT, AND PROVIDING AN EFFECTIVE DATE. WItEREAS, on May 6, 2003, Procurement Services received and opened six proposals. After review and evaluation, it was determined by staff that the alternate proposal submitted by Preventative Maintenance Support Services, Inc., was the lowest most responsive bidder who meets all specifications; and WItEREAS, the purpose of the Bid is to re-seal the roof of the West Wing of the- City Hall Complex; and WItEREAS, the City Commission, upon recommendation of staff, deems it to be in the best interests of the citizens and residents of the City of Boynton Beach, to award this bid (#050-2511-03/CJD) and enter into an agreement between the City of Boynton Beach and Preventative Maintenance Support Services, Inc., in the amount of $15,995.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF TIlE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1, The foregoing "Whereas" clauses are hereby ratified and confirmed as being tree and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach, Florida, upon recommendation of staff, hereby approves the award of a bid to "Re-seal Roof of West S:\CA\RESO~greements~Bid Awards\Bid Award - ReSeal West Wing.doc Wing of City Hall Complex", Bid No. 050-2511-03/CJD to Preventative Maintenance Support Services, Inc.; authorizing the City Manager to execute a contract, a copy of which is attached hereto. S:ection 2. That this Resolution shall become effective immediately. PASSED AND ADOPTED THIS ~ day of June, 2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk S:\CA~RESO~Agreements\Bid Awards~id Award - ReSeal West Wing.doc CONTRACT THIS AGPEEMENT, made and entered into this 18th day of June, A.D. 2003, by and between the CITY OF BOYNTON BEACH, a mumcipal corporation of Florida, hereinafter called the "City" and PREVENTATIVE MAINTENANCE SUPPORT SERVICES~ INC. a Florida Corporation (~X) Check One a Florida General Partnership ( ) a Florida Limited Partnership ( a Sole Proprietor ( ) hereinafter called "CONTRACTOR". W1TNESSETH That under the due procedure of law, bids were heretofore received by the City Commission of said City for the performance of work and supplying materials, hereinafter described, and said Commission having canvassed said bids, had determined that the bid in the total amount of Fifteen Thon~nd Nine Hundred and Ninety five dollars and 00/100 submitted by the afot'cmentioned CONTRACTOR was the best and most desirable bid submitted, and has authorized thc execution of - this contract. NOW, THEREFORE, in consideration of these premises and the mutual conditions and covenants contained herein, the parties agree as follows: 1.0 AGREEMENT 1.1 The CITY does award the contract to and does hire and employ the CONTRACTOR and the CONTRACTOR does accept the award, predicated upon the bid of the CONTRACTOR, dated May 2, 2003, which is hereby incorporated by reference into this agreement, and the CONTRACTOR does agree to furnish the necessary labor, tools, equipment, materials and supplies, etc., and to perform all the work provided in the bid, contract documents, bond documents, plans and specifications for:. Bid Title: RE-SEAL ROOF OF WEST WING OF CITY HALL COMPLEX Bid Number. 050.2511-03/CJ'D City of Boynton Beach, Florida, all of which are incorporated herein by reference at such unit prices~or lump sum prices as specified in CONTRACTOR'S bid totaling ~ C-I 2.0 SCOPE OF SERVICES 2.1 CONTRACTOR further agrees to furnish all materials, supplies, machines, equipment, tools, superintendents, labor, insurance, and other accessories and services necessary to complete said project in accordance with the conditions and pfices.'as stated in the contract, General Conditions for Construction, and Supplementary Conditions for Construction, plans which include all maps, plats, blueprints, and other drawings and pnnted or written explanatory matter thereof as contained in the bid, contract documents and specifications for the project. 2.2 All the work and labor performed under this contract shall be performed, and all of the material furnished shall be, in strict conformity with said plans and specifications, and CONTRACTOR accepts and consents to the conditions contained in said plans and specifications and expressly agrees to comply with every requirement and stipulation therein contained to be performed by the party contracting to do said work. 2.3 The CONTRACTOR further agrees to furnish all tools, equipment, materials and supplies and to do all the work above mentioned in a first-class, substantial and workmanlike manner, and in conformity with the detail for said work on file in the office of the City Engineer of the City and strictly in accordance with the specifications, general stipulations and plans which are hereby referred to and made a part of this contract, as well as to the satisfaction of the City Commission and City Engineer of the said City, and in strict obedience with the directions which may be given by the City Manager or his authorized representative, at and for the prices herein plainly set forth. 2.4 Upon receipt of written notification from the CITY, to correct any defective or faulty work or materials which may appear within one (1) year after completion of the contract and receipt of final payment. CONTRACTOR shall make the necessary corrections within ten (10) days of receipt of the written notice. 2.5 To comply with the provisions of Section 255.05, Florida Statutes, if applicable. 2.6 To pay promptly, before final settlement, any and all claims or liens incurred in and about this work. Furnish release of liens forms from all subcontractors and suppliers of materials. Forms to be supplied by CITY. 2.7 The CONTRACTOR shall remove and clean up all rubbish, debris, excess material, temporary structures, tools and equipment from streets, alleys, parkways and adjacent property that may have been used or worked on by the CONTRACTOR in connection with the project promptly as such section or portion is completed and ready for use, leaving the same in a neat and presentable condition. C-2 Payment of monthly or partial estimates may be withheld until this has been done to the satisfaction of the City Engineer. Final acceptance and payment for the entire project will not be made until the site is satisfactory to the CITY. 2.8 The CONTRACTOR shall at all times observe and comply with the provisions of the..charter, ordinances, codes and regulations of the City of Boynton Beach, Florida. 2.9 Upon completion of the work, the City Engineer shall satisfy himself, by examination and test, that the work has been fully completed in accordance with the plans, specifications and contract documents. When the City Engineer is so satisfied, he shall recommend acceptance thereof to the City Manager, who shall, if he agrees with such recommendation, present the final payment application to City Commission for review and vote to formally accept the project. The fight of general supervision of the CITY as hereinafter provided under "authority of the engineer" shall not make the CONTRACTOR an agent or employee of the CITY, but the CONTRACTOR, shall at all times, and in all respects have the fights and liabilities of an independent contractor. 2.10 After the cleaning up of the work, premises, streets, alleys, manholes, catch basins, or other areas of structure in anyway connected with the performance of the contract, the work as a whole shall be inspected by the City Engineer, and any workmanship or material found not meeting the requirements of the specifications shall be removed by or at the expense of the CONTRACTOR and good and satisfactory workmanship or material substituted therefore. All settlement, defects or damage upon any part of the work shall be remedied and made good by the CONTRACTOR. 2.11 The CONTRACTOR will be held responsible for the care, protection and condition of all work until final completion and acceptance thereof, and will be required to make good at his own cost any damage or injury occurring from any cause. 3.0 COMMENCEMENT OF WORK 3.1 CONTRACTOR hereby agrees to commence work under this contract on or before a date to be specified in the written "Notice to Proceed" of the CITY and to fully complete the project within 60 calendar days following the commencement date as specified in same. C-3 3.2 Time is the essence of the contract. In the event the CONTRACTOR shall fail in the performance of the work specified and required to be performed within the time limit set forth in the contract, after due allowance for any extension or extensions of time made in accordance with herein before set forth, the CONTRACTOR shall be liable to the CITY, as liquidated damages and not as .p~nal~y, in the amount stipulated therefore in the General Conditions for Construction or in other documents for each and every calendar day that the CONTRACTOR shall be in default of completion. The CITY shall have the right to deduct said liquidated damages from any amount due, or that may become due the CONTRACTOR, or to collect such liquidated damages from the CONTRACTOR or his Surety. 3.3 CONTRACTOR shall, as soon as practicable after signature of contract, confirm with City Engineer in writing, the names of subcontractors as originally proposed for principal parts of work, and for such others as City Engineer may direct. Contractor shall not employ any that City Engineer may, within a reasonable time, object to as incompetent or as unfit. 4.0 LIQUIDATED DAMAGES 4.1 The CONTRACTOR further agrees to pay $ 250.00 per day as liquidated damages, for failure to begin within ten (i0) days of "Notice to Proceed" or failure to complete the work within 60 calendar days from the commencement date to be indicated in the written "Notice to Proceed". 5.0 PROTECTION OF EXISTING FACILITIES 5. I The CONTRACTOR warrants that prices include the protection and continuous use of all existing sewers, conduits, drains, pipes, buildings, walks, bridges, guard rails and other construction encountered, and the prompt repairing of any damage done to them during the progress of the work, or from insufficient support thereafter, also all the filling, backfilling, tamping, ramming, puddling and consolidating; the removal and disposal of all rubbish and surplus material; also all pumping bailing draining or unwatefing of all excavations, incidental to the execution of the work; also the furnishing of all necessary labor, tools, equipment, materials and supplies, etc. and the performance of the whole work mentioned in the detailed plans and specifications necessary to give a finished result, and including all expense incurred in or in consequence of the suspension or discontinuance of the said work specified and a faithful compliance with each and every one of the requirements of the contract and for the maintenance of the entire work and construction in good condition and repair until final acceptance. C-4 5.2 The CONTRACTOR shall assume full responsibility and expense for the protection of all public and private property, structures, water mains, sewers, utilities, etc., both above and below ground, at or near the site or sites of the work being performed under the contract, or which are in any manner affected by the prosecution of the work or the transportation of men and materials in connection tl~ereWith. The CONTRACTOR shall give reasonable written notice in advance to the-department of the CITY having charge of any property or utilities owned by the CITY and to other owner or owners of public or private property or utilities when they shall be affected by the work to be performed under the contract, and shall make all necessary arrangements with such department, departments, owner or owners for the removal and replacement or protection of such property or utilities. 6.0 INDE~FICATION 6.1 The CONTRACTOR shall indemnify and save harmless and defend the CITY, its agents, servants, and employees from and against any claim, demand, or cause of action of whatsoever kind or nature arising out of error, omission or negligent act of CONTRACTOR, its agents, servants, or employees in the performance of services under this Agreement. 6.2 CONTRACTOR shall indemnify and save harmless and defend CITY, its agents, servants and employees from against any kind and all causes, claims, demands, actions, losses, liabilities, settlements, judgments, damages, costs, expenses, and fees (including without limitation reasonable attorney's and appellate attorney's fees) of whatsoever kind or nature for damages to persons or property caused in whole or in part by any act, omission, or default of the CITY, its agents, servants or employees arising from this contract or its performance. The CONTRACTOR and the CITY hereby agree and covenant that the CONTRACTOR has incorporated in this original bid, which constitutes the contract sum payable by the CITY to the CONTRACTOR, specific additional consideration sufficient to support this obligation of indemnification provided for in this paragraph. It is the CITY'S and CONTRACTOR'S full intention that this provision shall be enforceable and said provision shall be in compliance with Florida Statute 725.06. 6.3 The execution of this Agreement by the CONTRACTOR shall obligate CONTRACTOR to comply with the foregoing indemnification provision, as well as the insurance provisions which are set forth in Attachment "A_" herein. However, the indemnification provision, and the insurance provision contained in this Contract are not interdependent of each other, each one is separate and distinct from the other. 6.4 The obligation of the CONTRACTOR to indemnify the CITY is not subject to any offset, limitation or defense as a result of any insurance proceeds available to either the CITY or the CONTRACTOR. C-5 7.0 PAYMENT BY CITY 7.1 The CITY agrees to pay the CONTRACTOR in current funds for the performance of the contract, subject to additions and deductions as provided in the specifications. 8.0 CHANGES IN THE WORK 8.1 The CITY, without invalidating the Contract, may order extra work or make changes by altering, adding to or deducting from the work, the Contract sum being adjusted accordingly. All such work shall be executed under the conditions of the original Contract. Any claim for extension of time caused thereby shall be made in writing at the time such change is ordered. 8.2 All change orders and adjustments shall be in writing and approved by the City Manager or City Commission if required, otherwise, no claim for extras will be allowed. 8.3 The General Contractor and all of his subcontractors shall be apprised of, and familiar with, the following conditions and procedures governing extra work under the Contract: 8.3.1 Any change order has to be recommended by the City Manager and officially approved by the City Commission before any steps are taken to implement the change order. 8.3.2 Should the CONTRACTOR or any of his subcontractors commence with the work without making a claim in writing for unforeseen extra work he encounters, it will be construed as an acceptance and agreement by him that any such work is required under the contract and no future claim for extras will be considered or allowed by the CITY. 8.3.3 No claim for extra work will be allowed unless and until authority for same by written Change Order has been obtained from the City Manager or the City Commission of Boynton Beach, if necessary, which authorization will be signed bythe Mayor. 8.3.4 Changes in the work directed in writing by the CITY'S Representative under the following procedures shall become a part of the Contract by a written Change Order. 8.3.5 Information regarding changes in the work involving claims to the CITY for additional work, credits, and/or adjustments under the contract shall be promptly transmitted in writing by the General CONTRACTOR to the CITY'S Representative with full explanations and justifications for his consideration in preparing a Change Order to the Contract. C-6 ~ 8.4 The value of any change ordered under the Contract for extra work and/or any reductions in work required, shall be determined under one or more of the following procedures before a written Change Order is issued: 8.4.1: By such applicable unit prices, if any, as are set forth in the Contract except in those cases where increases in quantities exceed fifteen (15) percent of the original bid quantity and the total dollar change of that bid item is significant in the opinion of the Engineer, the unit price shall be subject to review to determine if a new unit price should be negotiated; or 8.4.2 If no such unit prices are set forth, then by a lump sum or other unit prices mutually agreed upon by the CITY and the CONTRACTOR; or 8.4.3 By cost reimbursement, which is the actual cost for labor, direct overhead, materials, supplies, equipment and other services necessary to complete the work plus fifteen (15) percent to cover the cost of general overhead and profit. For all labor and foreman in direct charge of the authorized operations, the CONTRACTOR shall receive the current local rate of wages to be agreed upon in writing before starting such work, for each hour said labor and foreman are actually engaged thereon. An upper . limit of total cost and of profit shall be agreed upon and shall not be exceeded unless approved by the CITY. 8.4.3.1 The CONTRACTOR shall submit sufficient cost and pricing data to enable the Engineer to determine the necessity and reasonableness of costs and amounts proposed and the allowability and eligibility of costs proposed. 8.4.3.2 The CONTRACTOR shall have an accounting system which accounts for such costs in accordance with generally accepted accounting principles. This system shall provide for the identification, accumulation and segregation of allowable and unallowable Change Order costs. 8.4.3.3 Where it is indicated that the Contract is Federally or State assisted, the CONTRACTOR'S attention is directed to the applicable rules and regulations relative to cost principles which must be used for the determination and allowability of costs under grant. 8.4.3.4 In no case shall fringe benefit costs on direct labor costs exceed forty (40) percent of direct labor costs. C-7 8.4.3.5 In no case shall the CONTRACTOR and Subcontractors' general overhead and profit in the aggregate exceed fifteen (15) percent of the total cost of direct labor, fringe benefits, direct overhead, materials, supplies, equipment and directly related services supplied by him. Among the items considered as general overhead are bonds, insurance, incidental job burdens, supervision and general office expenses. 8.4.3.6 In no case shall the CONTRACTOR'S cost for administering subcontracts exceed five (5) percent of the subcontractors' cost not including subcontractors' profit. 8.4.3.7 For special equipment and machinery such as power driven pumps, concrete mixers, trucks, and tractors, or other equipment, required for the economical performance of the authorized work, the CONTRACTOR shall receive payment based on the agreed rental price for each item of equipment and the actual time of its use on the work provided that the rental price shall not exceed the current rates published by the Equipment Guide Book Company in the Blue Book, "Rental Rates for Construction Equipment". Rate shall be daily, weekly or monthly as appropriate. 8.4.3.8 Records of extra work done shall be reviewed at the end of each day by the CONTRACTOR and the Engineer. Such daily records shall clearly distinguish between the work done under the contract and that done under the Change Order. Duplicate copies of the accepted daily records shall be made, signed by the CONTRACTOR and the Engineer and one copy retained by each. 8.5 Claim of payment for extra work shall be submitted by the CONTRACTOR upon certified statement supported by receipted bills. Such statements shall be submitted for the current contract payment for the month in which the work was done. No claim for extra work shall be allowed unless that same was ordered, in writing, as aforesaid and the claim presented at the time of the first estimate after the work is completed. 9.0 PROJECT ENGINEER 9.1 The project engineer shall be Richard Fiege, Facilities Management Supervisor 9.2 The Engineer shall have general supervision and direction of the work. The Engineer is the agent of the CITY only to the extent provided in the contract documents and when in special instances he has the authority by CITY to act, and in such instances he shall, upon request, show CONTRACTOR written authority. C-8 He has authority to stop the work whenever such stoppage may be necessary to insure the proper execution of the contract. 9.3 As the Engineer is, in the first instance, the interpreter of the conditions of the contract and the judge of its performance, he shall side neither with CITY nor w~,"th CONTRACTOR, but shall use his power under the contract to enforce its faithful performance by both. 10.0 INSURANCE 10. ! The CONTRACTOR shall maintain during the term of this contract commercial liability, motor vehicle, and property damage insurance, acceptable to the CITY, covering the work contracted and all operations connected herewith, and whenever any of the work in the contract is to be sublet, CONTRACTOR'S contingent or protective liability and property damage insurance. Such insurance shall provide limits not less than those set forth on the insurance requirement schedule attached as Attachment "A". 10.2 Required insurance shall be documented in a certificate of insurance which provides that the CITY of Boynton Beach shall be notified at least fifteen (15) days in advance of cancellation, non-renewal or adverse change. Contractor agrees to furnish policies if Certificate of Insurance is not acceptable. 10.3 The CONTRACTOR shall take all necessary precautions to prevent the generation of loud, unnecessary noise in conjunction with his operations at the work site. Internal combustion engines used with construction equipment shall be equipped with mufflers, as required by the Code of the City of Boynton Beach, and the CONTRACTOR shall comply with all requirements of this Code as they pertain to prevention of noise. No pile driver, excavating or other construction equipment, pneumatic hammer, derrick, the use of which is attend by loud or unusual noise, shall be operated between the hours of 6:00 P.M. and 7:00 A.M., except by written permission of the City Manager, and then only in case of emergency. 11.0 GUARANTEE AND WARRANTIF-~ ! 1.1 All the work shall be guaranteed to remain in good condition for one year from date of acceptance. 12.0 TERMINATION OF CONTRACT 12.1 If the work to be performed under the contract is assigned by the CONTRACTOR other than provided for herein; if the CONTRACTOR should be adjudged as bankrupt; if a general assignment of his assets be made for the benefit of his creditors; if a receiver should be appointed for the CONTRACTOR or any of his property; if at any time the Engineer shall certify in writing to the City Manager that the performance of the work under the contract is being unnecessarily delayed or that the CONTRACTOR is willfully violating any of the conditions, provisions, or covenants of the contract, plans or specifications, or that he is executing the same in bad faith or otherwise not in accordance with the terms of the contract; if the work be not fully completed within the time named for its completion or within the time to which such completion date may be extended; or if other just causes exist, the City Manager may serve ten (10) days' written notice upon the CONTRACTOR of the intent to terminate the contract for the CITY and if the CONTRACTOR shall not, prior to the effective date of termination set forth in such notice, take such measures as will, in the judgment of the City Manager, ensure the satisfactory performance of the work, the City Commission and the City Manager may declare the contract terminated on the · effective date specified in such notice, or any date subsequent thereto. In the event of such termination, the City Manager shall notify the CONTRAC'rOR and Surety and the CONTRACTOR shall immediately respect such notice and stop work and cease to have any right to the possession of the ground and shall forfeit his contract. Upon such termination, the City Manager shall provide the Surety with written notice of the CITY'S action and the Surety shall within ten (10) days of receipt of said notice remedy the default or the Surety shall as expeditiously as possible: 12.1.1 Complete the contract in accordance with its terms and conditions, or 12.1.2 Obtain a bid or bids for completing the contract in accordance with its terms and conditions, and upon determination by Surety and the CITY of the lowest responsible bidder, make available as work progresses (even though there should be a default or a succession of defaults under the contract or contracts or completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price", as used in this paragraph, shall mean the total amount payable by CITY to CONTRACTOR under the contract and any amendments thereto, less the amount properly paid by CITY to CONTRACTOR. C- 10 13.0 CONTRACT CONTROLS 13.1 The subject contract between the CITY and the CONTRACTOR shall supersede any and all documents executed between the parties relative to the project. In the event of any inconsistencies, the terms, provisions and conditions set forth in the stlbje~t contract shall supersede all other documents and shall be controlling. 14.0 TIME OF ESSENCE 14.1 Inasmuch as the provisions hereof, and of the plans and specifications herein, and of all the other contract documents relating to the times of performance and completion of the work are for the purpose of enabling the CITY to complete the construction of a public improvement in accordance with a predetermined program, all such time limits are of the essence of the contract. 15.0 REMEDY FOR DELAY 15.1 In the event of any delay in the project caused by any act or omission of the CITY, its agents or employees, by the act or omission of any other party, or delay caused by weather conditions or unavailability of materials, the sole remedy available to CONTRACTOR shall be by extension of the time allocated to complete the project. No monetary damages shall be claimed or awarded to CONTRACTOR in association with any delay in the project caused by an act or omission of the C1TY, its agents or employees. 15.2 Failure on the pn_rt of CONTRACTOR to timely process a request for an extension of time to complete the work shall constitute a waiver by CONTRACTOR and CONTRACTOR shall be held responsible for completing the work within the time allocated by this contract. 15.3 All requests for extension of time to complete the work shall be made in accordance with the General Conditions for Construction. 15.4 For the purpose of this section the phrase "the CITY, its agents and employees" shall include but shall not be limited to the architect, project manager and consulting engineers. C-Il IN WITNESS WHEREOF, the CITY has caused these presents to be signed by its Mayor, attested by the City Clerk with the Corporate Seal of the said CITY and the CONTRACTOR has executed these presence the day and year herein before written. .Signed, sealed and Witnessed CITY OF BOYNTON BEACH, FLORIDA · in the presence of: City Manager Attest: Approved as to Form: City Clerk City Attorney Signed, sealed and witnessed PREVENTATIVE MAINTENANCE SUPPORT SERVICES, INC. in the presence of: President or the Vice President Attest as to Contractor C- 12 State of Florida ) ) SS: Coumy of Palm Beach ) On this ~ day of ,20 , personally appeared before me duly authorized to administer oaths to me known to be the persons described herein and who executed the foregoing instrument and have acknowledged before me and they have executed same. Notary Public My Commission Expires: 05/04/01 kix C-13 ... _ ,- c~ mm ~ °z ~o -~> =>~: o-~ Cm ,Ozz~ - o o Oz~ ~.__ -~ - r- a m o~ - cm m c o> -. ~ 0oz ~ m ~ ~ "q Om .m ~ Om ~m m r- ~> c~ o ~o 0 ~.m..m. m -~ 0 -n C] r,o ~ z0 'T m , "U 0 c~ z o::0 ; ::0, ~o b~> _, -ri 0 "~ "0 (/> CZ ~ N~ m -n "n-< 0 z ~ rn ."0 .o~ ~ ~--I z > .-I .~ r- 8'~ ~: -- m ~ o? ~. 0 ' '=1 '< 8 F-n m~ m'< m'< m'< b.~ z _o') o:m "~ m o ~ z ~> z i== ~ O>~l 0 · ITl cS z =~0~- ~> Co 8z cn "' _'0 ~ _--. -< ~c~m -< .< .< .< ~ z ~ ~ ~ ~.~. m m m m m co 0 -.~ ~ Zr- 8 -'o_ ~> ~'~° '< z z o z z c~ z ~= <> ". m o ~ o mr-' r- ct) 0 0 z 0 c~ e~o e= 0 m c~ - RECEIVED DEPARTMENT OF PUBLIC WORKS ~ Memorandum No. 03-088 TO: Bill Atlcins, Deputy Finance Director / Procurement VIA: Seffi'ey Livergood, Public Works Director~.~V Christine Roberts, Assistant Public Works Director FROM: Richard A. Fiege, Facilities Management Supervisor DATE: May 15, 2003 SUBJECT: Re-Seal Roof of West Wing of City Hall Complex Bid Award Bid #050-2511-03/CJD I have reviewed the bids submitted and I have found that the alternate proposal by Preventive Maintenance Support Services, Inc. to be the most responsive, low bidder; therefore, I would recommend awarding them the bid for their total quoted price of $15,995. The bid tab sheet is attached. Funding for this bid is in the CIP Account Number of 302-4102-580-62.01 / Project #CP0313 and a purchase requisition #26424 as been entered into H.T.E. Should you need any additional information, please contact me at Ext. 6020. PLfRAF/pl Attachments Copy: PW Files BIDDER ACKNOWLEDGEMENT Submit Bids To: PROCUREMENT SERVICES 100 E. Boynton Beach Boulevard '- P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone: (561) 742-6323 Broadcast Date: APRIL 4, 2003 Bid Tide: RE-SEAL ROOF OF WEST WING OF CITY HALL COMPLEX Bid Number:. ~050-2511-03/CJD Bid Received By: MAY 6, 2003, NO LATER THAN 2:30 P.M. (LOCAL TIME) Bids will be opened in Procurement Services unless specified otherwise. Bid receiving date and time is scheduled for: MAY 6. 21N13: no Inter thnn 2-'30 P.M. final tln~ and may not be withdrawn within ninety (90) days after such date and time. All a~wards made as a result of this bid shall conform to applicable sections of the charter and codes of the City. Federa~I.D. Number: A Corporation of the State of: ~, Area Code: ~ \ Telephone Number: -~ c/_~ o~ 7,. Area Code: ~ ~ FAX Number: Mailing Address: City/State/Zip: ~c_o. Vendor Mailing Date: Q.~uth~rized S i gnat'r{\''''· * e Name Typed THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL BA- t 7 Suble~ Referances (1) Sunnilm~l Properties Contact Jeff Ber~¢e~ ~ ~I 997 7114 (2) Av~ (3) F~ffh ~ C~ (4)Ci~ C~ R~d F~ ~ DeWiff C~ ~] ~ ~ ~ Bu~ ~t S~e ~I~'/_~:i~::g gO/g/g :aleC [~ :a§ed IoJeo :Ol ~ LgZ-t~6g' Lgg :cuOl:l ADDENDA CITY OF BOYNTON BEACH FLORIDA BID TITLE: RE-SEAL ROOF OF WEST WING OF CITY HALL COMPLEX - \r 1 DATE SUBMITTED: We propose and agree, if this bid is accepted, to contract with the City of Boynton Beach, in the Contract Form, to furnish all material, equipment, machinery, tools, apparatus, means of transportation, construction, coordination, labor and services necessary to complete/provide the work specified by the Contract documents. Having studied the documents prepared by: (Name of Project Manager/Architect/Consultant) and having examined the project site (when indicated in these specifications to do so), we propose to perform the work of this Project according to the Contract documents and the following addenda which we have received: ADDENDUM DATE ADDENDUM DATE THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL Rq ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE A-I BID PROPOSAL The Bidder agrees to accept as full payment for the: RE-SEAL ROOF OF WEST WING OF CITY HALL COMPLEX BID g050-2511-03/CJD Work to be performed consists of, but is not necessarily limited to: as defined in these Contract documents based upon the undersigned's own estimate of quantities and costs, the following total sum of: RE-SEAL ROOF OF WEST WING OF CITY HALL COMPLEX: $ ! ~ c~ c/~'. o,3 and ~ Cents (amount written in words has precedence) The undersigned bidder agrees to commence work within ten (10) calendar days after the date of the "Notice to Proceed" and shall complete the work within 6~ calendar days after the commencement date. Attached is a computer generated horizontal bar chart showing proposed schedule of work. RFP qualified applicator certificate Seven (7) references of spray applied coating applications from 1996 to current Contractor's State License The undersigned bidder hereby represents that he has carefully examined the drawings and the Contract including ali Contract documents and will execute the Contract and perform all its items, covenants and conditions, all in exact compliance with the requirements of the specifications and drawings. THIS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE BP- I The bidder, by and through the submission of his Bid, agrees that he has examined and that he shall be held responsible for having theretofore examined himself as to the character of the route, the location, surface and underground obstructions, the nature of the ground water table, conditions and all other physical characteristics of the work, in order that he may thereby provide for the satisfactory completion thereof, including the removal, relocation or replacement of any objects or obstructions which will be encountered in doing the proposed work. The bidder, by submission of this Bid acknowledges that the bidder has been advised that in the event bidder contests the award of this project to another bidder, that the bidder damages, if any, are limited to actual Bid preparation costs and bidder hereby waives any claim it may have for other damages coming from the City's failure to award the project bidder. Date ~'- 7..-~'~ (Name of bidder, Corporation, Finn or Incligidual) By~~._ .~S~e'~'~l Title Telephone Number Florida Contractor's License Number ("_ {' C o S-:~ ~'2~ THIS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE BP - 2 STATEMENT OF BIDDER'S QUALIFICATIONS Each Contractor bidding on work included in these General Documents shall prepare and submit the data requested in the following schedule of information. This data must be included in and made part of each bid document. Failure to comply with this instruction may be regarded as justification for rejecting the Contractor's proposal. * attach additional sheets giving the information 3. When Organized: - /'~ ~-v · 4. Where Incorporated: ~,~ c~o~ 5. How many years have you been engaged in the contracting business under the present firm name? ~o~o ~a 6. General character of work performed by your company. ~ ~o~2h""~ 7. Number of employees. / ~ 8. Background and experi. 'ence of principal members of your personnel, including officers. * 9. Bonding capacity. ~'~ g, 10. Have you ever defaulted on a contract? If so, where and why?* THIS PAGE MUST BE SUBMITTED ALONG WITH PROPOSAL SBQ- I STATEMENT OF BIDDER'S QUALIFICATIONS continued ...... 11. Experience in performance. Project $ ~alue Contact Name Phone # 11. Contracts on hand. * 12. Largest completed projects (include final cost). 3) 14. List all lawsuits (design and/or construction related) to which you have been a party and which: * I) arose from construction projects: * 2) occurred within the last 4 years: * ~ba.s~, ,I ~ ~ C,.~-,o,a~ -~'o~_-f'~,-~..~)f- Dated at: [93x $ this__..~_ day of J,~,4 A 20 co'l> B y~~Rm~ f ~ted or~) Title: ~~~ THIS PAGE MUST BE SUBMI*VrED ALONG WITH PROPOSAL SBQ- 2 BIDDER'S SITE INSPECTION CONFIRMATION BID TITLE: RE-SEAL ROOF OF WEST WING OF CITY HALL COMPLEX BID NUMBER: #o~O-2fi 1 ! -O'),/CIT') DATE: 4.~ ...-- ?---7- Before me, the undersigned authority, authorized to take acknowledgements personally appeared: ~..~.~-c-~ ~-~ --x"-g_~ as an authorized representative of: ~2~A~-~ ~,.,.~c~ (hereinafter called the bidder) located at /~u ~ ~.q?%-L- --'~--i~, ('z.;oc._~. ~__~l~,.~ ~n, '5~3'~% I and tha~ said bidder has visited the site of the work and has carefully examined the plans and specifications for said project and checked them in detail before submitting his bid or proposal. CITY EMPLOYEE SIGNATURE DATE OF INSPECTION BSI- 1 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL NONCOLLUSION AFFIDAVIT OF PRIME BIDDER .Co.n.o ~cc~ ~M~e~ , being ~t duly sworn, d~oses ~d sa~ that: (Title) ~e of Co~omtion or Fro) the bidder that h~ subm~cd ~c a~h~ bid: 2) He is ~lly ~om~ ~~g ~e proration ~d cont~ of ~e ~h~ bid ~d of all p~t ckc~mc~ re~g such bid; 3) S~d bid is genu~e md is not a collmive or sh~ bid; 4) F~. ~e s~d bidd~ nor ~y of i~ office, p~. o~. ~ffi~. r~r~fiv~. ~ploy~s or p~es ~ ~te~ ~clu~g ~s ~ hm ~ my way coH~ co~k~ co~v~ or a~ ~tly or i n~tly w i~ a ny o ~ b idd~. f~ o r p ~n t o s ub~t a coll~ive or s~ bid ~ co~on ~ ~e Con~t for w~ch ~e a~h~ bid h~ b~ sub~R~ or to re~ ~m bid~g ~ colorlon ~ such Con. t. or hm ~ ~y m~. ~tly or ~tly. sou~t by a~t or collmion or co~cafiom or co~er~ce ~ ~y o~ bidder. ~ or pe~n to ~ ~e price or pfic~ ~ ~e a~h~ bid or of my o~er biddy, or to ~ my ov~he~ profit or cost el~t of ~e bid price or ~e bid price of my o~ bidder, or to s~ ~u~ ~y collmio~ co~y. co~v~ce or ~aw~l a~ent my adv~tage ag~t ~e CiW of ~n~tnn ~e~h ~al ~ihlie Ag~cy) or ~y p~on interest~ ~ ~e pro~s~ Con. t; ~d 5) ~e price or prices quot~ ~ ~e a~h~ bid ~e f~ md prop~ ~d ~e not t~ted by my collmion, co~y. co~v~ce or ~aw~ a~e~t on ~e p~ of ~e bidder or ~y of Tits agent, r~rcs~mfivcs, om~, ~ploy~, or p~es g (Si~ed) ~ _~ (Title) ~,~ Subscribed and sworn to before me My commission expires ~;..~.:..~ ~~-~ [[ ]**~. IdY 041010 T~IS PAG~ TO Iii SUBMITTED ALONG ~I'fH BID IN ORDER FOR PACKAGE TO BE CONS[I)ERED COMPLETE AND ACCEPTABLE NCA- ! ANTI-KICKBACK AFFIDAVIT STATE OF FLORIDA ) · SS COUNTY OF pALM BEACH ) I, the undersigned hereby duly sworn, depose and say that no portion of the sum herein bid will be paid to any employees of the City of Boynton Beach as a commission, kickback, reward of giR~, directly or indirectly by me or any member of my firm or~n officer of the cor~ration. NAME - SIGNATURE Sworn ands~.~scribed before~_e 0~ this Ir'~- dayof I , 20 ~5~ Printed Information: NAME i TITLE NOTARY PUBLI ',tare of Florida _ ¢O~-~f w EXPelS' ,~/~0. 200~ ~ "OFFICIAL NOTARY SEAL" STAMP THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPT,aBLE AKA-I CONFIRMATION OF MINORITY OWNED BUSINESS A requested form to be made a part of our files for future use and information. Please fill out and indicate in the appropriate spaces provided which category best describes your company. Return this form with your bid proposal sheet making it an official part of your bid response. ( ) AMERICAN INDIAN ( ) ASL N ( ) msPAmC ( ) OTHER (specify) Do you possess a Certification qualifying your business as a "Minority Owned Business"? If YES, name the Organization from which this certification was obtained and date: Issuing Organization for Certification Date of Certification TI-HS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL MOB- 1 CONFIRMATION OF DRUG-FREE WORKPLACE T'DFNTTC. AT. TTF RI'D,R Preference shall be. given to businesses with drug-free workplace programs. Whenever two or more bids which.are equal with respect to price, quality, and service are received by the City of Boynton Beach or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drag-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drag-free workplace program. In order to have a drug-free workplace program, a business shall: 1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of chug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drag abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), notify the employee that, as a condition of working o n t he commodities o r contractual services t hat a re under b id, t he employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occumng in the workplace no later than 5 days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by, any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this/~irm complies fully with the above requirements. ~, '" V e THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEIVrABLE DFW- I SAFETY PROGRAM COMPLIANCE Safety is a high.priority in the conducting of business in the City of Boynton Beach. Preference shall be given to contractors with an established safety program following O.S.H.A. guidelines, and documented results establishing a safe working environment. 1. Bidder shall provide a copy of the Safety Program(s) to be in effect for the duration of the Contract (attach to the back of this form). 2. The City reserves the right to conduct periodic safety inspections of the contractor, subcontractor, employees, agents, etc. throughout the duration of the Contract. 3. The City reserves the fight to terminate the Contract where it is determined that the contractor or subcontractor is in non-compliance of the safety terms, regulations or requirements established by O.S.H.A. or the State. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL lin ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE SPC- I i~i-IO/UU STATE O,c ,~ ~_~JR~2A .... o o PALM BEACH COIJNTY c~ss~ CATION OCCUPATIONAL LICENSE EXPIRES: SEF'TE~MBE. R- 30- 2003 ~EVENTIVE MAINTENANCE SUPPORT *' LOC;ATED AT " C~IDE $18585 ,ERVICES INC t. PENL~ $18.59 IRR KRISTIAN E 160 N W 24TH STREET BOCA I~7'ON FL 33431-6642 TOTAL S204 44 " [ I~ h~r~B~ licensed at a~ov~ addr,~ for th~ p~riod b~innin~ o. th, first day of October and ~ndin~ on th~ t~i~i,th da~ of $~t~m~r to THIS 18 ~OT ~ 81~ - DO ~OT ~Y ROOFING CONTRACTOR' PBC T~ COLLECTOR PAID. J CCC057583 $204.44 OCC 638 00902 11-12-2002 JOHN K. CLARK, CFC THIS LICENSE VALID ONLY WHEN RECEIPTED BY T~ COLLECTOR, PALM BEACH COUNTY -'.. T~ COLLECTOR 1997-18699 STATE OF FLORIDA. OC-032 PALM BEACH COUNTY CLASSiFiCATiON OCCUPATIONAL LICENSE EXPIRES: SEPTEMBER - 30. 2003 PREVENTIVE MAINTENANCE SUPPORT ** LOCATED AT CNTY $26.25 SERVICES INC * PENLTY $3.94 ~,R KRISTIAN E 160 N W 24TH STREET STE 16 BOCA RATON FL 33431-6654 TOTAL $30.19 Is hereby licensed at above address for the period beginning on the first day of October and ending on the thirtieth day of September to THIS IS NOT A BILL - DO NOT PAY engage in the business, profession or occupation of: ROOFING CONTRACTOR . PAID. PBC TAX COLLECTOR CCC057583 JOHN K. CLARK, CFC THIS LICENSE VALID ONLY WHEN RECEIPTED BY TAX COLLECTOR, PALM BEACH COUNTY TAX COLLECTOR AC# 0 5 8 ~. 8 8 6 STATE OF FLORIDA · u~ ~U~TRY LICENSING BO~ SEQ~0209110( N~ed below IS CERTIFIED Under the provisions of Chapter-~8'9 E~iration da~e= A~ 31, 2004. ..'.:.- · bu ~ 24~ ST ~16 JEB BUSH ~O~OR DISP~Y AS REQUIRED BY ~W KIM BI~LEY- SEYER SEC~T~y ~IAMI MIA.MI-DADE COUNTY. FLORIDA METRO-DADE FLAGLER nUILDING 8I:II.DIXG COOK COMPLIANCE OFFICE 140 ~'I:S [ FLA( ;[.ER ~'I'RI.:I: I'. Mh~MI. FI.()RIII.~ PRODUCT CQNTBOL NQTICE OF ACCEPTANCE ,~,,s~ 3~-:~t ~:*x,~.~ G.A.F. Mate~als Co~3fion rov~(-m~ I.K~:~s~; 1361 Alps Road. ~u~) ~-~.:~27 ~:..~x ~)~ Wayne ,N.J 07470 C'O~'I'K~('F(}R t:~'~m('~:nt~:~'r PR[Ill[ ~ C(IXI'ROI. 13o~13'~*~2 FAX (30~) 372-~3 Your application lbr Notice of Acccp~ce (NOA) ot~ Topcoat Roof Maintenance Coalin~ under Chapter 8 of the C~ of Mi~i-Dade Count.,,- governing the use of Alternate Materials and Types of Construction, ~ completely de~ herein, has ~en ~ommend~ tbr acc~ce by the Miami-Dade County Building C~e Compli~ce Ottiee (BCCO) under the conditio~ s~ifi~ he,in. This NOA s~ll not ~ valid aRer Ihe expira6on date stated ~low. BCCO ~'es t~ right to ~ure ~his pr~uct or mate~al at ~y time from a jobsite or m~uffact~fs plant lbr q~ity coati t~ting. It' ~his product ot mate~al fails to ~ffo~ in t~ appmv~ m~er. BCCO may ~s'o~, ~il~, or sus~nd use o~ such pr~uct or matedal i~iately. BCCO ~n-~ the fight to ~v~e ~ approval, if it is dete~i~ by BCCO ~t this p~ucl or material l~ils to m~t Ihe ~ui~m~ of t~ ~uth Florida Building C~. ex~n~ of s~h t~ting ~ll ~ i~u~ by the m~u~aclur~r. ACCE~ANCR NO.: EXPIRES: ~i~6 Raul Chief Pr~l Control Division TIII~ IR TIlE COVERSil~ET~ S~E ADDITIONAl, PAGE~ FOR SI~CIFI~ AND ~ENERAI, CONDITIONS B~ILDING CODE a PRODt'~ R~VIEW CO~IMI~EE This application Ibr Product Approval has ~-cn reviewed by tile BCCO and approved by thc Building Code and Product Review Committee to ~ u~d in Miami-Dado County. Florida under the conditions set I~nh above. Francisco J. Ouintana. R.A. i)i~tor M imni- i)adc Cou.ty AI'PROVEI): 06~1~I liuildin~ C~te Compliance O~c~ GAF MATERIALS CORPORATION ACCEPTANCE NO.: 01-0315.02 APPROVED :.tune2l, 2001 EXPIRES : ~ NOTICE OF ACCEPTANCE: STANDARD CONDITIONS !. SCOPE This new roofing maintenance coating system using GAl: Topcoat Roofing Membrane. coating system used on existing r~f as~mblies as manufactured GAF Muteriais Corporation. as described in Section 2 Bt' this Notice of Acceptance. designed m comply with the South Florida Building Code. 1994 Edidon/bt Miami-Dad¢ County. Catego~': Roofing Component Sub Cmegory: Roof Coating 2. PRODUCT DESCRIPTION ~ Test Product Annlicnn~ Dimensions Snecificalinn~ Deserintion Topcoat Roofinl! N/A PA 143 A styrene nco'lie based elastomeric Membrane u~'d to prolcc~ various types of roofin~ surfaces 3. LIMITATIONS 3.1 Firc classification is no! part ofthis acceptance, r¢fi:r to a currcm Approw.'d Rool~ng Materials Directory for fire ratings ol'this produce 3.2 Topcoat Roofing Membrane shall not be applied in inc[cmcnt weather conditions. 3.3 All products listed herein shall have an unannouno:d Ibllow.up quali~y conlrol program from an approved listing agency. Follow up test results shall bc made available to BCCO upon requcsl. 3.4 All approved products listed hca:in shall be labeled in compliance with PA 121. 3,5 Change in mate~als, use. or manufacture of any Bt' the products listed herein shall be cause for termination of this Notice of Acceptance. 3.6 This maintenance coating system shall not be applied over. prepared roofi,~g: i.e.. fiber-cement shingles, quarry slate, cement or cl-',y root' tile. metal shingles, wood shingles or shakes. 3.7 Topcoat Roofing Membrane shall bc used as a roof maintenance coating syslcm in accordance wi~h applicable Building Code. Topcoat is nm approved Io be u.~d as a repair or recover system. 4. INSTALLATION 4.1 GAF Materials Corporation Topcoat Roofing .X. lcmbr;mc, shall tx: installed in accordance with manul~cturcr's Pn~ucl Data Slicer. Page 2 Frank Zuloa,,a RRC Rool~n8 Product Control Examiner EXPIRES : NOTICE OF ACCEPTANCE: STANDARD CONDITIONS 4.2 Subst~tes: Smooth surface ~phaitic BUR: Smith bitumen mpShcct: Wca~hcr~ PIB. l lypanlon. PVC. and EPDM mcmb~ncs. Ph)'sical Pro~ni~ ol'Com~ncms Tmdc name: Topcoat Roofing Membrane Application Ra~c: ~is material is applied by spray cqui~mm, roller, knife or brash. For s~ific roof deck plc~c review To~t R~fing M~b~ applicmion p~u~ ~ripfion: A styrc~ aco'lic ~d et~mm~c ~d m pmt~t vaHo~ ~y~ o~fing surfac~.' To~o~ c~lin existing r~f i~lailed in accordance with m~uf~t~r's P~ucl Dam Sh~ Container Size: !. 5, 55 gallons and qunn tubes. Nme all cautions on container label. BUILDING PERMIT REQUIREMENTS 5. ! Application for building permit shall bc accompanied by copies of thc following: 5.1.1 This Notice ol'^ccep~ance. $.i.2 Any other documcnlz rcquin.,d by the Building Official or applicable Building Code in order to properly evaluate thc instnUatiun o1' this system. Page 3 Frm~k Zuloaga. RRC Roofin$ Prodtml Control Examiner C;AF ~IATERIALS CORPORATION ACCEPTANCE ,NO.: 01-0.115.02 ~' '~1~ : June 21~ 200t EXPIRES : ,runt 21,2006 NOTICE OF ACC£PTA~NCE: STAND;gRD CONI}ITIONS ~OT1CE OF ACCElrr/~NCE STANI)ARO CONDITIONS Itenc~al of this Acceptance (approval) shall bc co, sial,trod al'~¢r a renc~al application has I]lcd nad the origi,al submitted do~:umc,tatio,, including t~ sup~ning data. c~tgin~ring d~ulttc/tt~ arc no o~er tha~t eisht (8) yca~. Any a.d all ap~ved pr~ucts shall ~ ~nnanenlly la~led with ~he m~uractu~s name. city. slale, and the following s~atgm~t: 'Miami-D~e Count)' Pr~uct Comrol A~s'ed', or as s~it~cally sta~ in thc s~i~c co~itions of this A~eplance. Renewals of Acc~lance will nm ~ considered if: a) ~e h~ ~n a c~n~e in the ~ulh Fluids Building C~e artL~ing Ihe evaluation or this p~uct ~ t~ pr~t is nm in complia~e wi~h the c~ ch~s: b) ~e p~r is no I~cr ~e ~me p~uct (id~zical) as ~ one originally approve: c) If tbe Accep~nce holder h~ nm compik~ with all t~ ~uiremems or this acce~nce. including ~ corral ins~llati~ oflhe p~l: d) ~e engin~ w~ originally preliM, sig~ and ~!~ ~ ~quir~ d~um~mt~ initially subtitle, is no longer p~ticing thc cngincc~n~ pro~sion. Any revision or change in tbe materials, u~. an~m manufacture of the ~uct m pr~s shall automatically ~ ~u~ for te~ination o~'lhis Acceptance. unk~s prior w ritt~ approval has ~n requested (Ihmugh lh¢ filin~ ofa revisi~ applicmion with appropriate fe~l and ~nlcd by this Any of the I'ollossing shall also be grounds I'or removal of this Acceplan,:¢: a) Unsatisfacto~' perfon,ance of this product or process: b) Misuse oS' this Acceptance as act endorsement otr any pr,~uct, fi~r sales, advertising or any other purposes. The Notice of Acceptance number pn.n:cdcd by the ~ords Miami-Dado County. Florida. and tbllos~'ed hy the expiration date may be displayed in advertising literature, if any portion of the Nolice of Acceptance is displayed, then it shall be done in its entirety. A copy of this Acceptance :ts well as approved dra~sings and other d~:u,,'n,;,tts, s~ here it applies. shall be provided to the user by the manut'acturer or its dislributors and shall be availabh: t'~' inspection at tile job site at all limc:i. Thc copies need not bc rcseah:d h.~ thc engineer. Failure to compl)' with any section ot'this Accepts, ce shall be cau.~ for termination and removal of Acceptance. This Accepts,ce comains pagus I ~hrough 4. END OIr Tills ACCEPTANCE Page 4 ~ Frank Zuloa~ta. RRC Roofing Prcxluct Control Examiner TOPCOAT RESTORATION SPECIFICATIONS FOR HYPALON AND PVC PART 1 - GENERAL 1.04 REQUIREMENTS a. Project Registration 1.01 SYSTEM DESCRll~rION b. Moisture scan* c. Minimum size restrictions The TOPCOAT Roofing System can be applied on d. 10year system 100 sqs H~l~alon and PVC. This addendum ~,tdresses unique ¢. Final Inspection aspects for th~s type of installatior~ Unless otherwise specified m tiffs addendum, TOPCOAT Standard * Moisture scan to be conducted by an Specifications $1mll be used for inst, llstions on Hypalon independent source. If the results of the moisture and PVC. scan reveal more than 20% saturation the NDL will be unav-;iable 1.02 SUBSTRATE CONDmONS a. The TOPCOAT Roofing System is to be applied over PART 2 - PRODUCTS dr~ sound~ H~palou or PVC only. Roof must have positive dr~insge. Hypalon or PVC mu.q be older than one (l) ycar. Application of TOPCOAT 2.01 TOPCOAT lq.hi-~ Grade: Wa~r-bascd, products over friable and/or brittle roofing is no~ synthetic tuber ~ _~nt for use m non-pondmg recommende~ Subswate should not pond water for a water areas and at temperatures above 42°F. peried longer than 48 hours after precipitation s~ops. b. Test patches shall be prepared in representative roof areas to check adhesion of TOPCOAT products 2.02 TOPCOAT SB-900 Fl~lfi.g Grade I~Re~,ular before application on any Hypalon or PVC roof. and Winter Grade): Solvent-based, synth~¢ TOPCOAT wiil m~ adl~ereto any existing rubber scalznl for usc in po~c~i, ily ponding silicoue-based coating,, wa~cr areas and at tcmperaIures under 42°F. SB-900 Flashing Grade must be used as the c. Thc bonding surface must be free of ponding water, flashing material wherever Surface Seal SB will ice, snow, splits, oils, grease and debris, be used as the base coaring~ $B-900 Flashing Grade can be ordered in a "winter grade" version d. Thc TOPCOAT Roofing System should no~ be used which will flow easier over fiat surfaces. on heavy-traffic bearing subslrates, ff foot traffic is expected, a rooftop walkway system shall be used 2.03 TOPESTER Fabric: A non-woven, spun- which is approved by TOPCOAT. bonded, polyester mesh fabric to be used m conjunction with Fl,~hing Grade and $B-900 Flashing Grade at all roof peneWations, problem 1.03 WARRANTY scsm~ and stress ar~s. 2.04 TOPCOAT M]~ Plus: Water-based, sprayabl¢, Provide TOPCOAT Emerald Pledge Warranty per the iow VOC liquid roofing membrane. Available in rcquircmcm of the Building Owner and/or Project white and cu~om colors. Do not apply m Architect for various TOPCOAT products inst~lled in temperatures under 42°F. accordance with ~ slx~fi~o~. Determinstion of the appropriateness of th~ TOPCOAT Roofing System for Application Rate: 1.0 gallon / 100 SF per coat any given Hypalon or PVC roof mus~ be obtuim:d from TOPCOAT's Tcclmical Doparancnt Application Mcthod:ALrless sprayer, roller,brush Application Temperature (surface): 42° - 120°F Dodng Time (75°F, 50% RI-I): Approximately 24 hours per coat Wet Mil Thickness: Base Coat (1.0 Gallon / 100 SF): 16 wet mils Rev. Jan 2001 TOPCOAT RESTORATION SPECIFICATIONS FOR HYPALON AND PVC Finish Coat (1.0 Gallon / 100 SF): 16 wet mils Dry. Mil Thickness:Base Coat (1.0 Gallon/100 3.01 PREPARATION OF SUBSTRATE' SF): 9 dry mils a. Examine Substrate to receive new roofing. Do not Finish Coat (1.0 Gallon / 100 SI:): 9 dry mils proceed with new roofing until adhesion has been Total Solids (by weight): 65 ± 2% verified by test patches, other preparatory work has been completed and unsatisfactory conditions have Specific Graviiy / Weight per Gallon: 1.32 ± 0.1 been corrected in a manner acceptable to TOPCOAT. / 11.0±0.5 lbs b. Tr~n~ent of Damaged / Deteriorated Hvpalon or Viscosity (75°1): 15,000 ± 2,000 cps PVC: Any areas where Hypalon or PVC has torn, Tensile Strength: 150 psi cracked and/or buckled must be repaired using similar products. Any wet insulation must be Elongation: 275% Clean-up: Water replaced as pan of the roofing repair. c. Substrate Cleaning: Roof substrate must be carefully 2.05 TOPCOAT Surface Seal SB: Solvent-based, pressure-washed with water. An approximate sprayable, thermoplastic liquid roofing working pressure of 2,000 psi (depending on membrane. Available in white, aluminum and condition of roof) is to be used to remove remaining custom colors. Can be applied in temperatures dirt, dllst, chalking, loose materials, etc. Take care under 42°F. This product cannot be applied in not to damage the roof surface or force water into the some counties in the State of California. roof system Use hot water and mild detergent to remove grease and/or oils from the roof substrate. If Application Rate: 1.0 to 1.5 ~llon5 / 100 SF per mildew or algae are present, use bleach to txeat these coat areas. Application Method: Airless sprayer, roller, d. Substrate must be clean, completely ~ and free of brush any debris before application of TOPCOAT products. Application Temperature (surface): 32° - 120°F Drying Time (75°F, 50% RI-I): Approximately APPLICATIONS WHERE ROOF HAS "POTENTIAL" PONDING WATER AREAS 24 hours per coat Wet Mil Thickness:Base Coat (1.0 Gallon/100 a. All Roof Penetration Areas, Splits, Drams and Scuppers must be treated with a 6" wide area of SF): 16 wet mils TOPCOAT SB-900 Flashlne Grade, one (1) layer Finish Coat (1.5 Gallon / 100 S1): 24 wet mils of 6" TOPESTER Fabric and a final layer of SB-900 Fla.qhing Grade to completely embed the Fabric. Dry Mil Thickness:Base Coat (1.0 Gallon / 100 Feather the SB-900 F!a~hing Grade onto the existing S1): 8 dry mils Hypalon or PVC substrate. Seams which are suspected of leaking nhall also be sealed in this Finish Coat (1.5 Gallon / 100 S1): 12 city mils Total Solids (by weight): 64 ± 3% b. After at Least 24 Hours Drying Time, Inspect Specific Grax4ty / Weight per Gallon: 1.20 ± 0.09 Preparator~ / Flashing Work for problem areas (i.e., / 10.1 ± 0.5 lb~ gaps, cracks, fishmouths, ai~ pockets, etc.) to ensure that work is complete and satisfactory. Repair any Viscosity (75°1): 11,000 ± 2,000 cps deficiencies ~ming TOPCOAT SB-900 Flashim~ Tensile Strength: 700 psi Grade and TOPESTER Fabric, as requirexL Elongation: 650% Clean-up: Mineral Spirits PART 3 - EXECUTION 2 Rev. Jan 2001 TOPCOAT RESTORATION SPECIFICATIONS FOR HYPALON AND PVC Coating Application Allow at least 24 hours drying time prior to allowing foot traffic or inspection of the roof. After the 24 Spray-Apply Base Coat of TOPCOAT Surface Seal hours has ehpsed, inspect the final roof surface for SB at a rate of 1.25 gallon per 100 SF. Allow at least flaws, holidays, insufficient thickness, etc., and repaix 24 hours drying time and inspect the base coat for any unsatisfactory conditions. Specified membrane defects, flaws or holidays. Correct any unsatisfactory thicknesses are minimum 18 mils field and 78 mils conditions prior to.proceeding, on roof penetration derails and problem seams. Somv-Aoolv Fimsh Coat (same color as base coat) of TOPCOAT Surf~e Seal SB at a rate of 1.75 gallons per 100 SF. Finish coat should not be applied unless the base coat is clean and will provide proper NOTE: Recommended method for application of adhesion. Allow at least 24 hours di~ng time prior Surface Seal SB and MB Plus is by airless sprayer. to allowing foot traffic or inspection of the roof. Roller application can be performed, however, After the 24 hours has ehp~d, inspea the final roof more coats may be required to obtain specified surface for flaws, holidays, msuffident tlgcimess, milla~ etc., and :epa~r any unsafi~tory conditions. Spgt~ied ~1~mbrang th~cJffies~ are minimum 20 trois field and 80 mils on roof penetration derails and problem seams. APPLICATIONS WITH POSITIVE DRAINAGE WI~RE ROOl~ DOES "NOT'* POND WATER a. All Roof Penetration Areas, Splits, Drying and Scuooers must be treated with a 6" wide area of TOPCOAT Flashine Grade, one (l) layer of 6" TOPESTER Fabdc and a final layer of Flashing Grade to completely embed the Fabric. Feather the Flashing Grade onto the existing Hypalon or PVC substrate. Seams which are suspected of leaking shall also be sealed m this lvmnner. b. After at Le'_a_ .~_ 24 Hours Drying Time, Inspect Prepavator? / Fla.e, hing Work for problem areas (i.e., gaps, cracks, fishmouths, air pockets, etc.) to ensure that work is complete and satisfactory. Repair any deficiencies using TOPCOAT Fia.~hing Grade and TOPESTER Fabric, as required. Coating Application c. Sorav-Aool¥ Base Coat of TOPCOAT MB Plus at a rate of 1.25 gallon pex 100 SF. Allow at least 24 hours drying time and inspect the base coat for defects, flaws or holidays. Correct any unsatisfactory conditions prior to proceeding. c. Sorav-AonlV Finish Coat (same color as base coat) of TOPCOAT MB Plus at a rate of 1.75 gallon per 100 SF. Finish coat should not be applied unless the base coat is clean and will provide proper adhesion_ 3 Rev. Jan 2001 TOPCOAT RESTORATION SPECIFICATIONS FOR HYPALON AND PVC PART 1 - GENERAL 1.04 REQUII~MENTS a. Project Registration 1.01 SYSTEM DESCRII~TION b. Moisture scan* c. Minimum size restrictions The TOPCOAT Roofing System can be applied on d. 10year system 100sqs Hypalon and PVC. This addendum addresses unique e. Final Inspection aspects for this type of in'stallation. Unless otherwise spe.~ified in this addendum, TOPCOAT Standard * Moisture scan to be conducted by an Specifications shall be used for installations on Hypalon independent source. If tl~ results of ti~ moisture and PVC. s~m r~r~! more ~ 20% satm-atioll ti~e NDL will be unavailable 1.02 SUBSTRATE CONDITIONS ~ The TOPCOAT Roofing System is to be applied over PART 2 - PRODUCTS drys soma& Hv~lo~ or PVC o~1~. Roof must have positive drainage, ttypalon or PVC mus~ be older than one (!) year. Application of TOPCOAT 2.01 TOPCOAT Flasl~ing Grade: Water-based, products over friable and/or brittle roofing is not synthetic rubber sealant for use in non-ponding recommended. Substrate should not pond water for a water areas and at temperatures above 42°F. period longer than 48 hours af~ precipitation stops. b. Tes~ patches shall be prepared in repres~tative roof areas to check adhesion of TOPCOAT products 2.02 TOPCOAT SB-900 ~ Grade 0~,gular before application on any I-Iypalon or PVC roo£ ami Winter Gra~l~}: Solvent-based, synthetic TOPCOAT will nog adi~ere to any existing rubber sealant for use in potentially ponding sili¢o~e-lms~ ¢o~ti~s. water areas and at temperatures under 42°F. SB-900 Flashing Grade mint be used as the c. The bonding surface must be free ofponding water, flashing material wherever Surface Seal SB will ice, snow, splits, oils, grease and debris, be used as the base coating. SB-900 Flashing Grade can be ordered in a "winter grade" version d. The TOPCOAT Roofing System should not be used which will flow easier over flat surfaces. on heavy-traffic bearing subsWates. If foot traffic is expected, a roottop vnflkway system shall be used 2.03 TOPESTER Fabric: A non-woven, spun- which is approved by TOPCOAT. bonded, polyester mesh fabric to be used in conjunction with Flashing Grade and SB-900 Flashing Grade at all roof penetrations, problem 1.03 WARRANTY seams and stress areas. 2.04 TOPCOAT MB Hm: Water-based, sprayable, Provide TOPCOAT Emerald Pledge Warranty per the low VOC liquid roofing membrane. Available in requirement of the Building Owner and/or Project white and custom colors. Do not apply in Architect for various TOPCOAT products installed in temperatures under 42°F. accordance with these specifications. Determination of the appropriateness of the TOPCOAT Roofing System for Application Rate: 1.0 gallon / 100 SF per coat any given ttypalon or PVC roofmust be obtained from TOPCOAT's Technical Department. Application Method:Airless sprayer, roller, brush Application Temperature (surface): 42° - 120°F Drying Time (75°F, 50% RI-0: Approximately 24 hours per coat Wet Mil Thickness: Base Coat (1.0 Gallon / 100 SF): 16 wet mils Re~.Jan2001 TOPCOAT RF~TORA TION SPECIFICATIONS FOR HYPALON AND PI,"C Finish Coat (1.0 Gallon / 100 SF): 16 wet mils Dry Mil Thickn~:Base Coat (1.0 Gallon / 100 3.01 PREPARATION OF SUBSTRATE SF): 9 dry miis a. Examine Substrate to receive new roofing. Do not Finish Coat (1.0 Cation / 100 SF): 9 dry mils proceed with new roofing until adhesion has been Total Solids (by weight): 65 4- 2% verified by test patches, other preparatory work has been completed and unsatisfactory conditions have Specific Gravity / Weight per Gallon: 1.32 ± 0.1 been corrected in a manner acceptable to TOPCOAT. / 11.0 ± 0.5 lbs b. Trealment of Damaged / Deteriorated Hypalon or Viscosity (75°1:): 15,000 ± 2,000 q~ PVC: Any areas where Hypalon or PVC has torn, Tensile Strength: 150 psi cracked and/or buckled must be repaired using similar products. Any wet insulation must be Elongation: 275% Cl~m-up: Water replaced as part of the roofing repair. c. Substrate Cleaning: Roofsubstrate must be carefully 2.05 TOPCOAT Sm-f~¢e Se~i SB: Solvent-based, pr~ur~-washed with water. An approximate sprayable, thermoplastic liquid roofing working pres.~x~ of 2,000 psi (depending on membrane. Available in white, aluminum and condition of too0 is to be used to remove r~maining c~stom ~olor~. Can be applied in temperatures dirt, dust, dmiking, loo~ materials, et~. Tak~ car~ under 42°F. This produot cannot l~ applied in not to damage the roof~'fm:~ or force water into the some counties in the State of California. roof system. U~ hot water and mild detergent to remove grease and/or oils from the roof substrate. If Application Rate: 1.0 to 1.5 gallons / 100 SF per mildew or alga~ ar~ present, use bleach to treat th~ Application Method: Airl~s sprayer, roller, d. Substrate must be clean, e~mpletely dry and fr~ of brush any debris before application of TOPCOAT produCca. Application Temperature (surface): 32° - 120°F Drying Time (75°F, 50% RI-I): Approximately APPLICATIONS WHERE ROOF HAS "POTENTIAL" PONDING WATER AREAS 24 hour~ per eom Wet Mil Thickness:Base Coat (I.0 Gallon / 100 a. All Roof Penetration Ar~s, Split~ Drains and Sctm~rs must be treated with a 6" wide area of SF): 16 wet mils ToPcOAT SB-900 Flasl~i~ Grade, one (1) layer Finish Coat (1.5 Gallon / 100 $F): 24 wet mils of 6' TOPESTER Fabric and a final layer of SB-900 Flashing Grade to completely embed the Fabric. Dry Mil Thickn~:Base Coat (1.0 Gallon / 100 Feather the SB-900 Flashing Grade onto the existing SF): $ dry mils Hypalon or PVC substrata. Seams which are suspected of leaking shall also be sealed in this Finish Coat (1.5 C_mll~a / 100 SI:): 12 dry mils manner. Total Solids (by w~ight): 64 ± 3% b. After at L~-~_ 24 Ho~ra Drying Time~ Inap~t Specific Gravity / W~ight per Gallon: 1.20 ± 0.09 Preparator~ / Flsxlfin~ Work for problem areas (i.e., / 10.1 ± 0.5 lbs gapa, ~acks, fishmoutha, air pockets, etc.) to ensure that work ia complete and satisfactory. Repair any Viscosity (75°F): 11,000 ± 2,000 epa deficiencies using TOPCOAT SB-900 Flasbin~ Tensile Strength: 700 psi Grade and TOPESTER Fabric, as r~quired. Elongation: 650% Clean-up: Mineral Spirits PART 3 - EXECUTION 2 Rev. Jan 2001 TOPCOAT RESTORATION SPECIFICATIONS FOR HYPALON AND PVC Coating Appllcatioa Allow at least 24 hours drying time prior to allowing foot traffic or inspection of the root~ ARer the 24 ~' c. Spray-Apply Base Coat of TOPCOAT Surface Seal hours has elapsed, inspect the final roof surface for SB at a rate of 1.25 gallon per 100 SF. Allow at least flaws, holidays, insufficient thickness, etc., and repair 24 hours drying time and inspect the base coat for any unsatisfactory conditions. Specified membrane defects, flaws or holiday. Correct any unsatisfactory thicknesses are minimum 18 mils field and 78 mils conditions prior to proceeding, on roof penetration details and problem seams. d. Sorav-Appl¥ Finish Coat (same color as base coat) of TOPCOAT Sm'faee Seal SB at a rate of 1.75 gallons per 100 SF. Finish coat should not be applied unless the base coat is clean and will provide proper NOTE: Reeommended m~thod for applicatio~ of adhesion. Allow at least 24 hours drying time prior Snrfilee Seal SB and MB Plm is by airl~ sprayer. to allowing foot traffic or inspection of the roof- Roller application can be performed, however, ARer the 24 boors has elapsed, inspect the final roof more coats may be required to obtain specified surface for flaws, holidays, insufficimt thickness, millage etc., and repair any unsatisfactory conditions. Specified membrane thicknesses are minimum 20 mils field and 80 mils on roof penetration details and problem seams. APPLICATIONS WITH POSITIVE DRAINAQE WHERE ROOF DOES "NOT" POND WATER, a. All Roof Penetration Areas, Splits~ Drains and Scuooers must be treated with a 6" wide area of TOPCOAT Flashint Grade, one (1) layer of 6' TOPESTER Fabric and a final layer of Flashing Grade to completely embed the Fabric. Feather the Flashing Grade onto the existing Hypalon or PVC substrate. Seams which are suspected of leaking shall also be sealed in this manner. b. Alter at Least 24 Hours Drying Time. lnsoect Preparatory / Flashing Work for problem areas (i.e., gaps, cracks, fishmouths, air pockets, etc.) to ensure that work is complete and satisfactory. Repair any deficiencies using TOPCOAT Flashing Grade and TOPESTER Fabric, as required. Coating Applicatio~ c. Sorav-Aoolv Base Coat of TOPCOAT MB Plm at a rate of 1.25 gallon per 100 SF. Allow at least 24 hours drying time and inspect the base co~t for defects, flaws or holidays. Correct any unsatisfnctory conditions prior to proceeding. c. Sora¥-Apply Finish Coat (same color as base coat) of TOPCOAT MB Plus at a rate of 1.75 gallon per 100 SF. Finish coat should not be applied unless the base co~u is clean and will provide proper adhesion. Rev. Jan 2001 for G~ ~tertals Co~oration, Com~',~e '~ ~ ~ ~oJ '[g'' PE~ucts is~ valued'customer who follov~ ~ ,: u~ ~ us · EMERALD PLEDGE RESTORATION NOt. WARRANTY CONDmOM8 TO WARRANTY COVERAGE GAJrM~g LI~BIU'nEg BID NAME: "RE-SEAL ROOF OF WEST WING CITY HALL COMPLEX" BID NUMBER.'. 050-2511-03/JA COMMISSION AGENDA: ~ 3, 2003 BROADCAST LIST: 495 VENDORS - DEMANDSTAR 15 VENDORS - PROCUREMENT DATABASE BROADCAST LIST REPRESENTS VENDORS THAT WERE NOTIFIED OF THE BID OPPORTUNITY BY HAVING MEMBERSHIP IN DEMANDSTAR, OR COMPLETING A CITY VENDOR APPLICATION. PLANHOLDERS: 24 VENDORS PLAN'HOLDERS ARE VENDORS THAT OBTAINED A COPY OF THE BID DOCUMENTS EITHER BY DOWNLOADING FROM DEMANDSTAR, OR RECEIVED FROM PROCUREMENT SERVICES. BIDS: 6 VENDORS BIDS REPRESENT THE NUMBER OF PLAN-HOLDERS THAT ACTUALLY SUBMITFF~ BID PROPOSP, I-~. ATTACHMENTS: PLANHOLDER LIST FROM DEMANDSTAR SHOWING VENDORS THAT OBTAINED A COPY OF THE BID DOCUMENTS. THIS IS AN ALL INCLUSIVE LIST...INCLUDING THOSE VENDORS NOTIFIED BY THE CITY. BROADCAST LIST FROM PROCUREMENT ACCESS DATABASE SHOWING VENDORS WItO WERE NOTIFIED BY INVITATION TO BID. NAME OF BID: "RE-SEAL ROOF OF WEST WING OF CITY HALL COMPLEX", BID #: 050-2511-03/CJD BROADCAST LIST - 15 VENDORS (PROCUREMENT DATABASE) ADVANCED ROOFING, INC. ALL BROWARD HURRICANE 4345 N.E. 12TM TERRACE 450 W. MCNAB ROAD FORT LAUDERDAI.F., FL 33334 FORT LAUDERDALE, FL 33309 COATINGS APPLICATION &-WATERPROOFING CO [] - TECH ROOFING & SHEETMETAL, INC. 5125 N. 2r~) STREET 514 EASTCOAST STREET ST. LOUIS, MO 63147 LAKE WORTH, FL 33460 M & L ROOFING MARSHALL CONSTRUCTION 630 INDUSTRIAL AVENUE 7326 SEABREEZE DRIVE BOYNTON BEACH, FL 33426 LAKE WORTH, FL 33467 MASTER CONTRACTORS, INC. PACE ROOFING, INC. 7602 KINGSLEY COURT ~.~7 BROADWAY STREET LAKE WORTH, FL 33467 LAKE WORTH, FL 33461 PREVENTIVE MAINTENANCE SUPPORT SERVICES RON BELL, INC. 160 N.W. 24TM STREET, SUITE 16 3380 N. OLD DIXIE HIGHWAY BOCA RATON, FL 33068 DELRAY BEACH, FL 33483 SECURITY ROOFING SYSTEMS, INC. SELECT CONTRACTING, INC. 4361 PETERS ROAD 1751 W. 10TM STREET PLANTATION, FL 33317 RIVIERA BEACH, FL 33404 SOUTHERN COAST ENTERPRISES, INC. TRANS COASTAL CONSTRUCTION 273 N.W. 1s'r STREET 1425 WILKINS AVENUE DEE~LD BEACH, FL 33441 WEST PALM BEACH, FL 33401 WEISS & WOOLRICH SOUTHERN ENTERPRISES 1431 S.W. 30TM AVENUE DI~.F. RFII::.I.D BEACH, FL 33442 Planholders .,~st - Demand. Star ',Dy Onwa :a~e 2. Planholders List Member Name City of Boynton Beach Bid Number NTC-050-2511-03/CJD-0-2003/CD Bid Name RE-SEAL ROOF OF WEST WING OF CITY HALL COMPLEX Number of Documents for this 3 (Not Including Plans) bid 24 Planholder(s) found. Doc Attributes Actions Supplier Name Phone Fax Count (800) 785- (800) 581- i Documents Constructionjou rnal.com 5165 7204 1. Small Business (954) 941- (954) 946- I 2. Woman Documents Omega Contracting Inc 9900 8693 Owned (800) 631- (904) 348- i Documents UNISOURCE WORLDWIDE INC 1955 8132 National Roofing/south Florida, Inc. (954) 523- (954) 523- I D(;x:uments 2268 6936 ~,-Herrmann Associates Inc Dba (954) 921- (954) 921- i Documents Associates Roofing 4096 1371 1. African American Owned Florida Advanced Coating Systems (800) 696- (954) 783- 1 2. Small Business Documents 6566 0583 3. Woman Owned Dipompeo Construction Corporation (954) 917- (954) 974- I DOcuments 5252 4646 (800) 864- (727) 538- i Documents Amnat of Flordia LLC. 1009 9142 (954) 941- (954) 941- I 1. Small Business Documents Best Roofing 9111 7447 (813) 636- (813)' 636- i Documents Gulfside Supply, Inc. 9808 9220 Weiss & Woolrich Southern (954) 419- (954) 419- i Documents Enterprises, Inc. 9339 9336 954-426- 954-426- i 1. Woman Documents Southern Coast Enterprises Inc. 3312 5430 Owned Coatings Application & (386) 677 (386) 677 I Documents Waterproofing, Co. 4245 4263 954 497- I Documents Gri of South Florida 954 942 4449 4501 Regal Paint Centers Inc 5617451115 5617478118 I 1. Small Business Documents Construction Bulletin / 904-388- 904-388- i Documents www.cbids.com 0336 0109 954-563- 954-563- http:~~www~demandstar~c~m~buyer/bids/P~anh~~der-List~asp ?F=search&~PU=% 2Fbuyer%~~~ 5/30/2003 Planholders List - DemandStar by Onvia Page 2 of 2 Weather Guard Industries, Inc. 6200 6277 1 Documents 772-562- 812-376- 1- 1.. Small Business Documents Property solutions 8853 0028 Coatings Application & (800) 51-0- (772) 220- 1 Documents Waterproofing 0080 4885 (561) 712- (561) 712- I Documents Master Contractors 8898 8895 954-252- 954-5847849 1_ Documents SECURITY ROOFING SYSTEMS, INC. 901-0 (561-) 588- (561) 588- 1- Documents Regal Paint Centers 4328 4328 (305) 235- (305) 235- 1 Documents Professional Roofing & Sales 031-3 4964 (954) 922- (954) 927- 1- Documents White Seal, Inc. 7383 1797 http:~~www.demandstar.c~m~buyer/bids~P~anh~~der-List.asp ?F=search&-PU=% 2Fbuyer%... 5/30/2003 V.-CONSENT AGENDA ITEM C.1 CITY OF BOYNTON BEACI AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates ' in to City Clerk's Office Meetinu Dates in to City Clerk's Office [] April 1,2003 March 17, 2003 (Noon.) ~t~ June 3, 2003 May 19, 2003 (Noon) [] April 15, 2003 March 31,2003 (Noon) [~ June 17, 2003 June 2, 2003 (Noon) [] May 6, 2003 April 14, 2003 (Noon) [] July 1,2003 June t6, 2003 (Noon) [] May 20, 2003 May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation cia :aJ..< [] Consent Agenda [] Public Hearing -o t3 ~:~ [] CodeComoli,acca. egalSe lemen [] V .,licdB m ss .-: RECOMMENDATION: Staff recommends adoption of Resolution R granting the Mayor authorit~ ' to assign the attached proposal for the distribution of the 9-1-1 funds for Dispatcher salaries. EXPLANATION: Palm Beach County 9-1-1 Management, recognizing the need for compensation and retention measures, has devised a formula to calculate the amount of time a Dispatcher spends on the telephone. Using the new formula, which acknowledges that at least 25% of dispatcher time is spent on the phone, the City Of Boynton Beach will receive $261,888.00 for fiscal 2003/2004 to be paid in four payments. This money is derived from the fifty cent 9-1- 1 surcharge on wireless and wire line telephone fees. The amount of money received is based on an employee's hourly rate at the time of submission to 9-1-1 Management. The intent of this money is to assist in the recruitment, training, compensation and retention of 9-1-1 telecommuuicators. PROGRAM IMPACT: With the acquisition of the new multi agency radio system and the GIS, computer driven telephone system it is imperative that we take steps to attract the caliber of individuals needed to successfully perform this highly specialized job. The expertise and training required to operate these high teeh systems has elevated the level of technological expertise of our existing personnel and has made them highly marketable to other higher paying agencies. The increase in the entry-level rate as well as the hourly increase for existing personnel will make us competitive with other agencies in our area. Proactive measures are imperative to attract and retain these employees at no cost to the City Of Boynton Beach. FISCAL IMPACT: No immediate fiscal impact to the City Of Boynton Beach. Ail money for this compensation package will be derived from the 9-1-1 Management reimbursements. The reimbursement monies for fiscal 2004/2005 will be calculated on the higher hourly salary, if approved, and at 25%. The total cost of this package is $147, 518.29 of the $261,888.00 approved for reimbursement. This leaves $114,369.71 to be applied to the funding of previous salary adjustments. 100% of subsequent reimbursements will be placed in the general fund to offset these salary adjustments. ALTERNATIVES: Communications Division is currently down two Dispatchers. Three of the last seven candidates opted to go to higher paying agencies. The remaining four were started at 5% higher than entry level in order to retain them. Any additional resignations would seriously compromise the efficient operation of the Center and the level of service to our citizens. S:~BULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM ,~ Department' Head 's Signature' ' -/~- City Manager's Signature · 1/ Commumcations ~ Department Name City Attorney / Finance / Human Resources S:XBULLETIN~eORMSXAGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R03- A RESOLUTION O F T HE CITY COMMISSION O F THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A PROPOSAL FOR THE DISTRIBUTION OF 9-1 - 1 FUNDS FOR DISPATCHER SALARIES; AND PROVIDING AN EFFECTIVE DATE. WItEREAS, Palm B each County 9 - 1-1 Management, recognizing t he need for compensation and retention measures, has devised a formula to calculate the amount of time dispatchers spend on the telephone; and WItEREAS, the use of this formula has resulted in the payment to the City of Boynton Beach, Florida the sum of $261,888,000 for fiscal year 2003/04, to be paid in four payments to the City, to assist in the recruitment, training, compensation and retention of 9-1-1 telecommunicators; and WHEREAS, this proposal has been discussed with and approved by the National Conference of Firemen & Oilers, which union represents the dispatchers, and a copy of that approval/acknowledgment is attached and made a part hereof; and WItEREAS, the City Commission of the City of Boynton Beach, Florida deems it to be in the best interests of the citizens and residents of the City and the community to approve and execute a proposal for the distribution of 9-1-1 Funds to assist in the recruitment, training, compensation and retention of 9-1-1 telecommunicators; and NOW, TItEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The Mayor is hereby authorized to execute a proposal for the distribution of the 9-1-1 Funds for dispatcher salaries, which proposal is attached hereto and made a part of as Exhibit "A". 02/27/2001 3:15 PM S:\CA\RESO\911 Dispatchers Wage Proposal 2003-04.doc Section 2. This Resolution shall take effect immediately upon passage. PASSED AND ADOPTED this ~ day of June, 2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk 07J27/2001 3:15 PM S:\CA\RESO\911 Dispatchers Wage Prol:~osal 2003-04.doc National Conference of Firemen & Oilers SEIU NCFO Local 1227, AFL-CIO, CLC 937 Belvedere Road SEIU West Palm Beach, Florida 33405 NCFO June 4. 2003 Via First Class Mail & Fax to: Wilfred Hawla'ns, Asst. City Mgr. The City of Boynton Beach 1 O0 E. Boynton Beach Blvd. Boynton Beach, FL 33425 Ret': Your letter of May 16, 2003 Sub/ect: 9-1-I Surcharge Reimbursements Proposal Dear Mr. Hawkins: Please be advised that ! have reviewed the Proposal referenced above and approve of the distribution of the funds. Sincerely, SEIU NCFO Local I227, AFL-CIO, CLC Sharon A. Barmore Munley President A. Lee, HR Dir. Terri Jada, Steward SAM/no [ __ / .or_ Phone: 561-366-9513 Fax: 561-366-9554 Toll Free: 1-888-702-0810 Website: www. local ........... m :~ . .-- ...... ~ ° '"° ° °{m ° :'~, o2:71. · .~:.~ --o 0~1 -~ .... m~ · · : '~" '0'}{° · .......... : : : : : :,:~. : :~ : . .~. .w.~ .... ,.~. .~ ...... ,. . .{. . . : : . .~ .... w~ ' : : : .... ~. .,. ~.~.~' ~ w · ~ : : : :w:~: : ~: : ~ : : . . : : ~ ~ ~ ~ ~ ~ ~ ~ ~'~ ~ '~ ~ ~ ~ ~ ~'~ ~ ~'"~'"~"'~'"~'"~'"'~"'~'"~'"~'"~'"~""~'"~'"~'"~"'~"' ~'"~'"~'"~'"~'"~'"~""{ ~ i i F"~""!'"'TT"'T'"~'"'i'"T'""F'T"T"~"T"~"'["T'T'T'F'F'~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ F'F'F'~ .... L...&...-[ ..... ' ~ ~ ~ · .....L...L..4...~...&...&...~...L.--L...L..~...~...&...&...[.-.&...L...L..4--.~..-$...&...[...~....L...L..4...&.-.g...&...~.-.L...L...~...4...~...&...~...[...L.-.L....... '... '---' .... : : .... · .~.~.~ .......~. :~:{ ......... ~.~ ..... : : : : :{:~:- :~:~:z:_~:=:z:~:~ {~:{:ff:=:~:{:~:z~: : : : :{:~: : :~ {:;:~ : : : :~: :~: : : .~..~.. · ~:~ : · · :..~.~ ........ :-: ~- i : · . o :~ ~: : : : :w: : : : ~ {~{ : : : : : : '2%'.- MEMORANDUM D~,m,...~ o~ ~,bU~ .~, DA~: November 20, 2000 ~lv~ion o~ ~e~en~ 'rice of ~e~en~* M~ Se.ic~ 2o s. ~u~ T~ TO: 9-1-1 PS~ M~age~ Cs~ n:-~ ~OM: M~ A~er, 9-1-1 Coor~ator ~~ 2~5 EMS/9-1-1 M~agement hRp:l~.co.p~ m-b~ach.fl.~ ~tent of C~-T~er S~ Remb~sements I ha.s~a, co..~ The intent of the increased call-takers reimbursements is for the so~sor(~,..,~ recruitment, tm/ning, compensation and retention of 9-1-1 co...u.i,o.o., telecommuflicators. Although these funds are a "reimbursement," ~ude~,~dt~C~-., the 9-1-1 fee was increased specifically to address the critical ...ewe.. vic. ch-~.., shortage of 9-1-1 telecommunicators. HatCh T. Marcus Carol A. Pa~erts · Mary McCarty Burr Aaronson Tony Ma~ilotti County AdmtMsU-aMr Roberz Weisman Bressner, Kurt From: Bressner, Kurt Sent: Friday, June 06, 2003 1:54 PM l'o: Bressner, Kurt Subject: FW: 911 Funds Use ..... Original Message ..... From: Dixon, Phyllis Sent: Tuesday, May 27, 2003 11:46 AM To: Bressner, Kurt Cc: Hawkins, Wilfred Subject: RE: 911 Funds Use Mr. Bressner, The PEPIE Salary survey was included in the package and lists Boynton Beach, third from the bottom on the Dispatcher and Supervisor charts. We have supplemented Dispatcher salaries only one other time in 2001 when it was determined that we were well behind other cities salary wise, as is the case now. The purpose of the funds awarded by the 50 cent surcharge is for compensation, retention, training and recruitment of 9-1-1 dispatchers. Any other usage is prohibited by State Statue. In 2001 the total cost of the package was $112,129.43 from $171,000.00. The $58,870 was left in a reserve account. Subsequent years has gone directly to the general fund to offset the rate increases. The 2003 approved is $261,888.00 from which this package ($147,518.29) will be deducted. The reserve amount for this year will be $114,369.71 and will also go into the general fund, as before, to offset the rate increases. The difference in the two years is each was computed on the hourly rate of the dispatchers at the time of submittal. I spoke with a representative from Boca Raton who stated that 100% goes to compensate dispatchers. The money is placed in a reserve account from which the raises, holiday, and overtime are taken. I couldn't find out how Delray Beach allocates as the person responsible is on maternity leave. It appears that the other agencies have routinely kept pace with competitive salaries without imposing a cap, or if so the caps are much higher that that of the City of Boynton Beach. Keep in mind that our Supervisors and Dispatchers have considerably more overall experience than do either Boca Raton or Delray Beach (their Centers were established in 1987 with all new personnel) yet we are paid at least $2.00 less per hour and in some cases $3.00 per hour. We are in a situation where we are coming from behind which requires more usage for compensation than say if we routinely pulled smaller percentages yearly. Hope this answers your questions. Thank you, Phyllis ..... Original Message ..... From: Hawkins, Wilfred Sent: Tuesday, May 27, 2003 10:07 AM To: Dixon, Phyllis Subject: FW: 911 Funds Use :Importance: High Phyllis, l Please provide answers to the questions posed by Kurt. Need this today. Thanks. Wilfred ..... Original Message ..... From: Bressner, Kurt Sent: Tuesday, May 27, 2003 10:01 AM To: Hawkins, Wilfred Subject: 911 Funds Use Wilfred, I pulled the 91 1 Use iiem from the agenda because of a full agenda and because I need more information. The comparative survey data that I scanned in the report did not include Boynton Beach, I believe. How long have we been supplementing dispatcher pay from this source? Do other Palm Beach County organizations do this as well? How much is allocated for this purpose and if any is left, what is it used for? Thanks, Kurt ** V.-CONSENT AGENDA ITEM C.2. CITY OF BOYNTON BEACI AGENDA ITEM REQUEST FORM Requeated City Commission Oatc Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Me~ina Dat~ - in to City Clerk's Office Meetina Dat~ in to City Clerk's Office [--l' April I, 2003 March 17, 2003 (Noon.) [] June3, 2003 May 19, 2003 {Noon) [] April 15, 2003 Mamh 31,2003 (Noon} [] June 17, 2003 June 2, 2003 (Noon) [] May 6, 2003 April 14, 2003 (Noon) [] July I, 2003 June 16, 2003 (Noon) [] May 20, 2003 May 5, 2003 (Noon} [] July 15, 2003 June 30, 2003 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Motion to approve full release of surety covering the potable water system for the project know as Gale Industries at.-.-~ Lot 50B Quantum Park, and returning the cash surety of $9,669.00 to the developer. ~ ~'~ EXPLANATION: :~ =~ TM The developer of this project had previously posted cash surety in the amount of $9,669.00 to.guarantee satisfacto~ ~:~., '_~c~ completion of the on-site water system. That system has now been completed, aH documentation has been p~dd _~,. -< and the system has operated satisfactorily through the warrant period. The surety may therefore be released, ~o -~ PROGRAM IMPACT: None -nc~ FISCAL IMPACT: None ALTERNATIVES:~.~ ~ ~.~ ,~. ~ ~-~ ~'--x None..., ~~~ Depanxnent Head~ Signature City Manager's Signature UTILITIES ~ Department Name City Attorney / Finance / Human Resources XC: Dale Sugerman (w/copy of attachments) Peter Mazzella " Barbara Conboy " Mary Muaro, Finance Dept. " File " S:\BULLETIN~FORMS~4.GENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R03- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING A FULL RELEASE OF CASH SURETY IN THE AMOUNT OF $9,669.00 TO THE COLLAGE COMPANIES CONSTRUCTION FOR THE PROJECT KNOWN AS GALE INDUSTRIES.; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the developer of this project had previously posted cash surety in the of $9,669.00 to guarantee satisfactory completion of the on-site water system; and WItEREAS, that system has now been completed, all documentation has been provided, and the systems have operated satisfactorily through the warranty period; and WItEREAS, the City Commission, upon recommendation of staff, deems it appropriate to authorize a full release of cash surety in the mount of $9,669.00 to the developer. 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 approve the full release of the cash surety in the amount of $9,669.00 to The Collage Companies Construction, for the project known as Gale Industries at Lot 50B, Quantum Park. Section 2. That this Resolution shall become effective immediately upon passage. S:\CAX~a, ESOxl-etters of Credit\Gale hadustries - cash surety release.doc PASSED AND ADOPTED this __ day of June, 2003. CITY OF BOYNTON BEACH, FLORIDA Mawr Vice Mayor Commissioner Commission~ Commission~' ATTEST: City Cl~rk (Corporate Seal) S:\CA'd~SOV-~tt~rs of Credit~C-ale [nduslries - cash surety release.doc DIRECT PAYMENT REQUISITION Please issue a check in the amount of $ 9,669.00 To: The Colla(:je Companies Construction 585 Technology Park Suite 100 Lake Mary, Florida 32746 For: Full release of cash surety for the project known as Gale Industries at Lot 50B Quantum Park Requested by Peter V. Mazzella, Deputy Utilities Director Date May 30, 2003 Approvals: ~ 401 0000 220 99 00 9,669.00 Finance Dept. City Manager $9,669.00~ V.-CONSENT AGENDA TTEM C.3. CITY OF BOYNTON BEACI AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Tumed Meeting Dates - in to Cit~ Clerk's Office Meeting Dates in to Cit~ Clerk's Office [] April 1,2003 March 17, 2003 (Noon.) [] June 2, 2003 May 19, 2003 (Noon) [] April 15, 2003 March 3 I, 2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) [] May 6, 2003 April 14, 2003 (Noon) [] July I, 2003 June 16, 2003 (Noon) [] May 20, 2003 May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Motion to approve and execute by Resolution Task Order No. 01-16 in the amount of $143,000.00 to Camp Dresser & McKee Inc (CDM) for engineering services for the finalization of design drawings, permitting, and bidding and construction phase services for the Downtown Watershed Stormwater Improvements-Phase 2 of 3, Area 1 (Railroad Avenue, Phase 1 of 2) project. EXPLANATION: On May 1, 2001, the City Commission awarded a task order to CDM for the design and permitting of swales, retention/detention areas and closed conduit work in three (3) areas west of U.S. 1 to store, infiltrate and convey excess runoff after treatment to the Phase I improvements, which included a regional wet detention pond in the downtown watershed area. Of the three (3) areas, area 3 was deleted from the task order and Area No. 2 (SE 4th Street, between SW 1st Avenue and SW 6th Avenue) has been broken out into a separate project. Area No. I includes Railroad Avenue, between Boynton Beach Boulevard and Martin Luther King Boulevard. Amendment No. 1 to Task Order No. 01-06 was approved by City Commission on April 15, 2003 allowing Area 1 to be completed as a "stand-alone" project. S:\BULLETI~FORMS~AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM To maintain the progress of this project, Task Order No. 01-16 would allow CDM to provide the following services:/ Finalization of the design drawings · Permitting required by SFWMD, FEC Railroad, and PBC Health Department · Bidding Services · Construction Phase Services PROGRAM IMPACT: Area No. 1 is an industrial area with no positive discharge. The existing conditions, consisting' primarily of natural overland flow and infiltration is inadequate. Under this task order, improvements are included to reduce localized nuisance and building flooding problems, increase infiltration into local shallow aquifers and improve water quality. Improvements for this area include: · Swales and exffitration trenches within Railroad Avenue right-of-way · Stormwater culverts placed (jack and bore) under the FEC railroad right-of-way to tie improvements into existing stormwater system west of U.S. 1, connecting to Phase I Downtown Watershed Improvements (Pond "B') · Culvert stub-outs placed under Railroad Avenue for future connection to the west side area (Phase 2) · Ground surface above exfiltration trenches, paved and stripped to provide for "on- street" vehicular parking · Widening of Railroad Avenue to meet FDOT roadway standards · Installation of a new 10-inch water main to connect the existing 20-inch water main on the west side of NE 3rd Street along NE 4th Avenue, under the FEC railroad tracks connecting to an existing 6-inch water main on Federal Highway. In the 1998 Master Stormwater Plan, the City committed to a citywide minimum Level of Service (LOS) for the 5-year storm event. However, due to Pond "B' capacity constraints and the lack of City owned property in the Heart of Boynton area for dry retention ponds, the City is unable to provide the minimum LOS for this project. Therefore, we are proceeding with this project in two (2) phases. Phase 1 of this project will implement the current design to provide the area's business owners with an improvement over current flooding conditions, however, the City Commission must realize that Phase 1 does not provide the minimum LOS. The minimum LOS can only be accomplished after the completion of Phase 2 (which involves significant private property land acquisition). Phase 1, however, will be built with "future" connections that will allow for easy connection once Phase 2 gets underway. S:\BULLETINLFORMSL~GENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM In order to proceed with Phase 2 of this project, it will be necessary for the City to acquire approximately 4 acres of land for the development of dry retention ponds, exfiltration trenches, stormwater conveyance piping and swale development. In some cases, it may be necessary to acquire property through eminent domain to accomplish the LOS the City has committed to. As previously stated, Phase 1 is being designed to provide ease of connection to Phase 2 which will be constructed in adjoining City rights-of-way and on acquired properties. A very important note: A driving factor for the City to assure that Phase 2 of this project moves forward is that, until such time that it is built, the stormwater runoff from Phase 1 will take valuable (and precious) storage volume from our remaining storage capacity of Pond "B'. Without Phase 2, the added volume of the Railroad Avenue stormwater in Pond "B' may be a limiting factor in future development in the Pond "B' downtown area. FISCAL IMPACT: Funds are available in Utilities CIP Account g407-5000-590-96.07 (STM018) and 0401-5000-590- 96.02 (WTRll0). ALTERNATIVES: Move the entire project back, approximately 12 to 18 months, while the City acquires the needed property and expands the current design and permitting process, then proceed with a single, comprehensive project. Dale S. Suge~aan, Kurt Bressner, Assistant City Manager City Manager Utilities Department ~_0~ Department Name City Attorney / Finance / Human Resources Attachment - Task Order No. 01-16 bc: Dale S. Sugerman, Assistant City Manager Mark Law, Deputy Utilities Director Bob Kenyon, Deputy Utilities Director Paul Fleming, Sr. Project Manager Barb Conboy, Manager, Utilities Administration File S:\BULLETIN~FORMS~AGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R03- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING EXECUTION OF TASK ORDER NO. 01-16 TO CAMP, DRESSER & MC KEE, INC., IN THE AMOUNT OF '$143,000 FOR ENGINEERING SERVICES FOR THE FINALIZATION OF DESIGN DRAWINGS, PERMITTING AND BIDDING AND CONSTRUCTION PHASE SERVICES FOR THE DOWNTOWN WATERSHED STORMWATER IMPROVEMENTS - PHASE 2 OF 3, AREA 1 PROJECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, this project includes Area No. 1 includes Railroad Avenue, between Boynton Beach Boulevard and Martin Luther King Boulevard, and was approved by the City.' Commission on April 15, 2003, to be completed as a "stand-alone" project; and WIIEREAS, this task order includes the following services: · Finalization of the design drawings ' · Permitting required by SFWMD, FEC Raikoad, and PBC Health Department · Bidding services · Construction Phase Services WHEREAS, the City Commission, upon staff's recommendation, has deemed it appropriate, and in the best interests of the public, to approve Task Order No. 01-16 for Camp, Dresser & McKee, in the amount of $143,000.00. NOW, TltEREFORE, BE IT RESOLVED BY TI-IE CITY COMMISSION OF TIlE CITY OF BOYNTON BEACII, FLORIDA, TIlAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby authorize and direct execution of Task Order No. 01-16 for Camp, Dresser & McKee, S:\CA\RESO~,greements\Task - Change Orders\Task Order - CDM 01-16.doc in the amount of $143,000.00. Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this ~ day of June, 2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk S:\CA~RESO~,greements\Task - Change Orders\Task Order - CDM 01-16.doc ENGINEERING SERVICES TASK ORDER CITY OF BOYNTON/BEACH TASK ORDER NO, 01-16 DATE: CDM PROJECT NO. 6276 - 16 I. PROJECT TITLE Downtown Watershed Stormwater Improvements - Phase 2 of 3 Implementation of Initial Area 1 Improvements (Railroad Avenue) II. BACKGROUND The City has completed the construction of Phase I improvements which include a regional wet detention pond in the downtown watershed to provide water quality improvements, increase recharge through wells, provide flood reduction for public protection, and extend the City's park system. The Phase 2 improvements will connect into the Phase I project and extend the drainage system to the south and west. The City is planning to implement two initial projects in Phase 2: initial stormwater, roadway and . water main improvements along Railroad Avenue (Area 1) and SE 4· Street (Area 2). This Task Order includes engineering services required to implement the initial stormwater, roadway and water main improvements for Area 1 (swales and exfiltration trenches) along Railroad Avenue, within the public right of way, as requested by the City. The engineering services include design fivali~.ation and preparation of bidding and contract documents, permitting assistance, bidding services, construction administration and Resident Project Representative services, as well as evaluation of additional stormwater improvements necessary to meet the City's level of service (LOS) for stormwater management. III. CONTRACT REFERENCE This Task Order shall be performed under the terms and conditions described within the Agreement for General Engineering Consulting Services dated the 4m day of October 2000 between the City of Boynton Beach (City) and Camp Dresser & McKee Inc. (CDM). W. SCOPE OF SERVICES The Scope of Services shall include engineering services required to implement initial stormwater, roadway and water main improvements along Railroad Avenue to improve water quality and reduce localized nuisance flooding problems. This task includes the finalization of design, permitting, bidding and construction services of swales, exfiltration trenches, and closed conduit to store, infiltrate and convey excess runoff to the Downtown Pond after retention/detention and treatment. Railroad Avenue will be modified and resurfaced, and parking will be provided over exfiltration trenches. Also, 0000-DFHNB-MD.DFHBB ~. bs7519.doc-05/08/03 additional analysis will be conducted to quantify the LOS achieved after the initial improvements planned by the City are implemented and provide recommendations for supplemental swales, exfiltration trenches, and stormwater ponds that will be required in the future in order to attain the LOS adopted by the City. The detailed Scope of Services for this Task Order is outlined in Exhibit A. PRO]'ECT STATUS REVIEW CDM shall provide the City with written monthly status reports with monthly invoices for the duration of the project VI. PROIECT SCHEDULE CDM will commence services upon receipt of written authorization and will complete the professional engineering services within the schedule included as Figure 1. Permitting schedule is estimated and subject to permitting authorities. CDM does not assure that permits will be secured within the estimated time frame. VII. COMPENSATION FOR SERVICES The total amount to be paid to CDM by the City under this Task Order shall be an upper limit amount of $143,000. A breakdown of the labor hours and other costs associated with this Task Order are provided in Exhibits B and C. IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year first above CAMP DRESSER & McKee INC. CITY OF BOYNTON BEACH, FLORIDA David F. Holtz, P.E. Kurt Bressner, City Manager Associate 0000-DFI-tNB-MDDFHBB 2 bs7519.doc-05/05/03 EXHIBIT A DOWNTOWN WATERSHED STORMWATER LMPROVEMENTS PHASE 2 of 3 SCOPE OF SERVICES INTRODUCTION The engineering services to be provided by Camp Dresser & McKee Inc. (CDM) under this task order include improvements to the stormwater management system within Area No. 1 as described below to reduce existing localized nuisance and building flooding problems within this area, increase infiltration into local shallow aquifers and improve water quality. PROJECT DESCRII~FION The City of Boynton Beach (City) has recently completed construction of Phase I improvements which includes a regional wet detention pond in the downtown watershed to provide retrofit water quality treatment, increase recharge through wells, provide flood reduction for public protection, and extend the City's park system. The Phase 2 system will connect into the Phase I project and extend the improvements to the south and west The City is implementing initial stormwater management improvements to two areas in Phase 2: Railroad Avenue (Area 1) and SE 4m Street (Area 2). This task order is for implementation of Area 1, Area 2 is being implemented as a separate project Area 1 is located within Basin 2 as delineated in the Stormwater Master Plan Update for Downtown Watershed (August 1998) and includes Railroad Avenue from Boynton Beach Boulevard to Martin Luther King Boulevard. This is an industrial area with no existing positive discharge. The existing condition, consisting primarily of natural overland flow and infiltration, is inadequate, resulting in localized flooding problems. As part of the stormwater master plan update a conceptual stormwater management system was developed for this area, consisting of cLry detention ponds and associated gravity collection system piping. As an alternative to the detention pond and piping system proposed in the Master Plan Update, the City has requested CDM to implement a combination of retention/detention swales and exfiltration trenches along the east side of the Railroad Avenue right-of-way from East Boynton Beach Boulevard to Martin Luther King Jr. Boulevard with a catch basin within the swale and stormwater piping under the FEC railroad right-of-way in an easterly direction along NE 4th Avenue to tie into existing stormwater piping just west of US 1. A new 10-inch water main will be installed along NE 4m Avenue, connecting existing water mains on SE 3rd Street and Federal Highway. Future improvements in Area I consist of additional improvements as proposed in the Master Plan Update in order to attain the City's desired level of service (LOS) for stormwater improvements. The design and construction of future improvements will be performed in a later date, as requested by the City. 5/s/2oo3 TASK 1 - FINAL DESIGN CDM will modify and finalize the 60% design drawings previously developed in conjunction with the City. As discussed during our project kickoff meeting on March 11, 2003, the construction drawings.will include the design elements as listed below. · Stormwater improvements consisting of swales and exfiltration trenches within Railroad Avenue Right-of-Way (R/W) from about 80 ft of the East Boynton Beach Boulevard centerline to Martin Luther King Jr. Boulevard. The placement of swales and exfiltration trenches will be consistently alternated. · The proposed system of swales and exfiltration trenches will be interconnected. A stormwater culvert will be placed (jack and bore) under the FEC r~ilroad R/W to tie the proposed improvements into the existing stormwater system west of U.S. 1 and thus, connecting to the Phase I Downtown Watershed Improvements. The City shall be responsible for obtaining any required easements. · A series of culvert stub-outs will be placed under Railroad Avenue for future connection to the west side area. The specific number and locations of the stub-outs are to be determined during field assessment and coordination with the City. · The ground surface above the exfiltration trenches will be paved and stripped to provide for vehicular parking. There will be four parking stalls of 22 If. above each of the four proposed exffitration areas. Guardr~il.~ will be placed to separate parking areas from swales. The parking alignment and dimensions will follow established standards by the City, County or FDOT. · Currently, the asphalt pavement width of Railroad Avenue is substandard and varies from approximately 19.5 to 21.5 ft. The City has requested that CDM include design for the placement of additional asphalt pavement to provide a uniform road width of 24 ff. Review of FDOT roadway standards and City Land Development Regulations (LDR) will be necessary to review roadway work requirements. Typically, pavement work on substandard road requires to bring it up to standards, therefore the complete road geometzy of R~ilroad Avenue including the radii of NE 3rd, 4th, 5th, 6th, 7th, 8th and 9th Avenue will need to be evaluated and redesigned. For locations where existing structures encumber the design and construction of a standard road radius, coordination with the City will establish the new road geometzy. Road geometry redesign, paving and striping are also included in this Task Order. · The design shall include the installation of a new 10-inch water main connecting the existing 20-inch water main at the west side of NE 3~u Street along NE 4m Avenue, to the existing located west of Federal Highway. The approximate sheet count of the construction drawings for this project is provided in Table 1, below. A total of 22 sheets is estimated to be required to depict the design desired by the City. The equivalent number of new sheets required is 12 new sheets. N:\0000\b~7519 Exh A.doc A-2 ~/s/200~ Table 1 Approximate Drawings Sheet Count for the Project - Ares No. 1 Sheet Description ~lumber of Sheets Percent Revisions* Cover Sheet 1 5 Index and Key Plan 1 20 Abbreviations, Legends.and Symbols 1 5 Railroad Ave, Existing Conditions 3 80 Railroad Ave. Paving, Grading and 3 50 Drainage Plan Railroad Ave. Signage and Stdping Plan 3 100 Railroad Ave. Cross Sections 2 50 N.E. 4t" Ave. Plan and Profile (1" = 30') 2 50 Civil Details 7 40 Total (estimated) 22 55% CDM will prepare the design documents for City review at the 75 and 90 percent completion level. General design details will follow City's design standards. CDM will submit two sets of 24" x 36" (full size). At the completion of the design phase, after permits approval and utilities companies comments have been addressed, CDM will submit the construction drawings and technical specifications in accordance to Task 4 below. TASK 2 - PERMITTING ASSISTANCE CDM will provide permitting assistance required to apply for the necessary permits to construct this project. It is anticipated that permits will be required from the following agencies with jurisdiction over the project~. South Florida Water Management District (SFWMD), FEC Railroad (for ~ack and Bore work within the FEC right-of way), and Palm Beach County Health Department (water main). CDM will coordinate with regulatory agencies having jurisdiction over this project to facilitate the permitting of the stormwater drainage improvements. CDM will prepare and submit permit package applications that are required or needed to obtain approval from the agencies. CDM will respond to up to two Requests For Additional Information (RAIs) from each of the agencies to clarify information in the permit application package. CDM will attend meetings with each regulatory agency as needed. The City will pay all applicable permit fees. TASK 3 - COST ESTIMATING CDM will prepare an opinion of probable construction cost for the project at the 90 percent completion milestone and a final opinion of probable construction cost at the completion of the project and prior to bid opening. N:\0000\~Z9 E~ ^.ao~ A-3 5/8/20o3 TASK 4 - BIDDING SERVICES CDM will provide services associated with bidding of this project upon acceptance of the construction plans, and contract documents prepared under Task 1. Bidding Services cover the period begirming ~'ith" the advertisement for bids and ending with assistance to the City in the preparation of formal contract documents' for the award of the construction contract. CDM will provide the following bidding services: · Upon City's acceptance of the construction plans and contract documents, CDM will submit approved design plans and technical specifications to the project management team (PMT). · Technical specifications will be submitted on a CD in a Adobe Acrobat format (poi0. · Schedule of bid items will be submitted on a CD. · Construction plans will be submitted in hard copy. · Plans plot files will be submitted on a CD in AutoCAD format. · Provide bound copies of construction documents for sale and distribution. · Submit three (3) bound copies of construction documents to PMT for distribution (procurement, city clerk's office and PMT). · Maintain the plan holders list. · Update the plan holders list with assistance of the City's procurement services on a weekly basis. - · Respond to Contractor's technical questions via issuance of written addenda. · Attendance at pre-bid meeting. · Provide procurement services with written addenda addressing contract changes prior to bid opening. · Attendance at the bid opening. · Prepare bid tabulation and recommendation of award. TASK 5 - CONSTRUCTION AD~TRATION CDM will provide services associated with administration of the construction contract as described below. The City has designated a four month construction timeframe for the Contractor to achieve Substantial Completion (SC) and one additional month to complete all punchlist items and be ready for final payment. In the event the Contractor fails to achieve the contract milestones, at no fault of CDM, and the City requests that CDM continue to provide construction administration and RPR services, additional compensation via amendment will be required for a continuation of time-dependent services. · Schedule and conduct the Preconstruction Conference. Prepare minutes of the Preconstruction Conference and distribute the minutes to all who attend. · Distribute construction drawings (number as required by Contract) to the Contractor. Provide four sets (2 sets of 36" x 24" (full size) and 2 sets of 12" x 18" (half size)) of construction plans (signed and sealed) to the City. · Log, process and review shop drawings and material certificates. Distribute reviewed shop drawings to the Contractor and the City. · Conduct up to 15 periodic site visits to the job site. N:\0000\~19 Ex~ ^.aoc A-4 · Review field and laboratory testing certificates provided by the testing firm hired by the Contractor. · Arrange and attend up to 10 meetings, a minimum of monthly, to discuss and agree on construction scheduling, problems and/or techniques. · Prepare and process field change directive/change orders as required. · Review and v~rify monthly contractor pay requests. · Provide general project administration. · Conduct one substantial completion inspection and prepare a punch list of items to be completed. · Conduct up to two site visits to determine the Contactor's progress in completing punch list work. · Review the final project doseout documents. · Review construction as-built drawings provided by the Contractor. · Respond to Contractor's request for additional information. TASK 6 - RESIDENT PROJECT REPRESENTATIVE SERVICES Provide a Resident Project Representative (RPR) for construction observation. The RPR shall provide full-time inspection for the duration of this construction contract. The contractual project construction timeframe to achieve Substantial Completion will be 13-weeks, which equates to 520 hours of RPR time. CDM shall utilize DCES as requested by the City. . TASK 7 - ADDITIONAL ALTERNATIVE ANALYSIS CDM will Modify the hydrologic/hydraulic computer model prepared as part of the Stormwater Master Plan Update for Downtown Watershed (August 1998), to simulate present and future phases of drainage improvements: · Present Phase (Part A): The proposed improvements will include the combination of swales and exfiltration trenches along RAilroad Avenue from Boynton Beach Boulevard to Martin Luther King Boulevard. These improvements are to be implemented as the first element of the storm water retrofit for Area 1. The proposed swales and exfiltration trenches are not designed to eliminate, but to alleviate flooding. The proposed improvements are expected to provide only a small increase of the existing LOS. · Future Phase (Part B): The proposed improvements will include supplementary swales, exfiltration trenches and dry detention ponds in locations hydrologically upstream of Railroad Avenue to improve the flooding condition of RAilroad Avenue beyond the LOS provided during Part A and to reduce localized flooding within Area 1. The present Scope of Work for Part B is to provide design recommendations based on a conceptual level of modeling analysis consisting of the above-mentioned improvements in order to attain the LOS required by the City. · Prepare a Technical Memorandum presenting the results of Part A and Part B improvements, Compare Part A and Part B to existing conditions, determine the Level of Service (LOS) attained for Part A and compare to LOS required. The goal of Part B improvements is to attain the required LOS. ~:\0000\~s~9 s,~ A.ao~ A-5 SlSl2OO~ EXHIBIT B PROJECT BUDGET PRO~ECT: Downtown Watershed Stormwater Improvements - Phase 2 of 3 - Implementation of Area 1 Improvements - Railroad Avenue CONTRACT Agreement between City of Boynton Beach and REFERENCE: Camp Dresser & McKee Inc. dated October 4, 2000 Labor Category_ Hours Hourly Rate (S/hr) Total Officer 10 $178 Technical Specialist 42 $150 Project Director 34 $144 Senior Engineer/Sdentist 224 $129 Professional II 272 $82 Professional I 130 $70 Senior Support. Services 14 $103 Staff Support Services 147 $64 Clerical 176 $41 ' 1,049 TOTAL LABOR COST $91,342 OTHER DIRECT COSTS Copying and Printing $2,000 Postage and Shipping 1,000 Travel 2,000 Computer and CAD 2,000 Data and Media 500 TOTAL OTHER DIRECT COSTS $7,500 OUTSIDE PROFESSIONAL SERVICES (Includes 10% Mark-up) Resident Project Representative (DCES) $40,040 Signing & Striping Plans (Mathews Consulting Inc.) $4,400 TOTAL OUTSIDE PROFESSIONALS $44,440 TOTAL ESTIMATED COST $143,282 TOTAL UPPER LIMIT AMOUNT $143.000 V.-CONSENT AGENDA ITEM C.4 CITY OF BOYNTON BEACI AGENDA ITEM REQUEST FORM Requested City Comm_iaaion Date Final Form Must be Turn~ Requested City Con'maisaion Date Final Fora Must bo Turned .~_ Meeting Da~ in to Cia?/Cle~k's ~ M~ Dat~ to CiW Cl~k's Offi~ [] April 1, 2003 March 17, 2003 ('Noon.) [] June 2, 2003 May 19, 2003 (Noon) [] ~ 15, 2003 Match31, 2003 (No~) [] Sun~ 17, 2003 Jun~ 2, 2003 (Noo~) [] May6, 2003 ~ 14, 2003 (Noon) [] July 1, 2003 June 16, 2003 (Noe~) [] May20,2003 ~ay~,2003(Noon) [] Ju~y~5,2003 Jum30,2003(Noea) CO--~'--'- [] Admini.~n'ative [] Legal c~ .~---c NATURE Olt [] Announcement [] New B~tniness AGENDA ITEM [] City Manager's Report [] Presentation ~ '" .. [] Cotmnt Agenda [] Public Hearing [] Cod~ Comp!~anc~/Legal Settlements [] U, fi,i~hed B-~-e~s RECOMMENDATION: Motion to approve and execute by Resolution Task Order No. 01-17 to Camp Dresser & McKee Inc. (CDM) in the amount of $195,000.00 for engineering services to for minor design modifications/additions and for construction phase services for the INCA Stormwater Management Improvements and Water Main Replacement Project (formerly referred to as the NE 7a Street and NE 10a Avenue project). EXPLANATION: This project includes stormwater management and water main replacement for the NE 7a Street and NE 10a Avenue areas, North Road and South Road, and Rider Road. The North and South Roads were added to the project due to the contiguous nature and the potential to benefit from the design and related cost efficiencies. The North and South Road potion of this project is to replace and upgrade existing water mains in that neighborhood. Rider Road was a private road with public access and had not been previously included in our stormwater management plans. However, the City has actively acquired individual parcels of land to accommodate stormwater retention to meet stringent permitting requirements of the SFWMD, which included a portion of Rider Road. S:~BULLETINWORMSLatGENDA ITEM REQUEST FORM. DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Task Order 01-17 would allow CDM to provide the following services: · Specifications for area street lighting · Specifications for aeration fountain in stormwater retention pond · Construction phase services Bidding services for this project were approved by the City Commission in Task Order No. 01-05, Amendment No. 2 on March 18, 2003. PROGRAM IMPACT: The INCA Neighborhood Association specifically requested the area lighting through numerous community involvement meetings to improve the quality and safety of their neighborhood. The installation of the stormwater system will enhance stormwater management in the general area allowing for better control of pollution and surface runoff, and the water main replacement will improve water quality and fire protection for the communities. FISCAL IMPACT: Funds are available in Utilities CIP Account 0407-5000-590-96.07 (STM021) and 0401-5000-590- 96.02 (WTR116). ALTERNATIVES: There is no alternative if we intend to improve the quality of life within the INCA communities and prevent further nuisance flooding and the drainage of untreated stormwater into the Intracoastal Waterway. Dale S. Suger~an, Kurt Bressner, Assistant City Manager City Manager Utilities Department ~az~.~ Department Name City Attorney / Finance / Human Resources S:kBULLETIN~ORMSkAGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Attachment (Task Order 01-17)) bc: Dale Sugerman, AsSistant City Manager Mark Law, Deputy Utilities Director Bob Kenyon, Deputy Utilities Director Barb Conboy, Manager, Utilities Administration Paul Fleming, Sr. Project Manager File S:XBULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R03- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING EXECUTION OF TASK ORDER NO. 01-17 TO CAMP, DRESSER & MC KEE, INC., IN THE AMOUNT OF $195,000 FOR ENGINEERING SERVICES FOR MINOR DESIGN MODIFICATIONS/ADDITIONS ANF FOR CONSTRUCTION PHASE SERVICES FOR THE INCA STORMWATER MANAGEMENT IMPROVEMENTS AND WATER MAIN REPLACEMENT PROJECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, this project includes stormwater management and water main replacement for the NE 7th Street and NE l0th Avenue areas, North Road and South Road,. and Rider Road; and WHEREAS, this task order includes the following services: Specifications for area street lighting · Specifications for aeration fountain in stormwater retention pond · Construction phase services WHEREAS, the City Commission, upon staff's recommendation, has deemed it appropriate, and in the best interests of the public, to approve Task Order No. 01-17 for Camp, Dresser & McKee, in the amount of $195,000.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being tree and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby authorize and direct execution of Task Order No. 01-17 for Camp, Dresser & McKee, in the amount of $195,000.00. S:\CA\RESO~,greements\Task - Change Orders\Task Order - CDM 01-17.doc Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this __ day of June, 2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk . S:\CA\RESO~A, greements\Task - Change Orders\Task Order- CDM 01-17.doc ENG~G SERVICES TASK ORDER crrY OF BOYNTON BEACH TASK ORDER NO. 01-17 DATE: CDM PROJECT NO.' 6276 - 17 I. PROIECT TITLE Consh'uction Administration for N.E. 7~ Street Area Stormwater Improvements II. BACKGROUND CDM was retained by the City of Boynton Beach (City) to design, permit and provide bidding services for stormwater improvements to the N.E. 7m Street Area. This Task Order consists of Construction Adm/nistration, Resident Project Representative and design modification to include area lighting and aeration fountain, as recently requested by the City, for the N.E. 7m Street Area project. III. CONTRACT REFERENCE This Task Order shall be performed under the terms and conditions described within the Agreement for General Engineering Consulting Services dated the 4~h day of October 2000 between the City of Boynton Beach (City) and Camp Dresser & McKee Inc. (OM). W. SCOPE OF SERVICES The Scope of Services shall include the following tasks: · Preparation of design documents, including construction plans and specifications for area lighting and aeration fountain for stormwater retention area segment 1; · Construction Administration services; and · Resident Project Representative (RPR) services. The de~iled Scope of Se_,-tices is outlined in Exhibit A. V. PRO~ECT STATUS REVIEW CDM shall provide the City with written monthly status reports with monthly invoices for the duration of the project. VI. PROIECT SCHEDULE CDM will commence services upon receipt of written authorization and will complete the professional engineering services within the schedule as outlined below: N:\ 0000\ bsTS76.doc '1_ 05/08/03 Task T'mae Frame for Services · Task 1 - Area Lighting and One (1) month from receipt of signed Task Order. Pond Aeration Design · Task 2 - Construction Concurrent with Contractor's Contract Schedule: 9 Administration months to achieve Substantial Completion (SC) and additional month to achieve Final Acceptance (FA). · Task 3 - RPR Services Concurrent with Contractor's Contract Schedule: 9 months to achieve Substantial Completion (SC) and additional month to achieve Final Acceptance (FA). Task 2 and 3 of this Task Order runs concurrently with the construction contract period. In the event the Contractor does not complete the work within the designated contract period, additional compensation for time-dependent services may be required. VII. COMPENSATION FOR SERVICES The total amount to be paid to CDM by the City under this Task Order shall be an upper limit amount of $195,000. A breakdown of the labor hours and other costs associated with this Task Order are provided in Exhibits B and C. IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year first above written. CAMP DRESSER & McKee INC. CITY OF BOYNTON BEACH, FLORIDA David F. Holtz, P.E. ~' Kurt Bressner, City Manager Associate N:\OOOO\t,,~STS.do~ 2 05/08/03 EXHIBIT A CONSTRUCTION ADMINISTRATION FOR N.E. 7tH STREET AREA SCOPE OF SERVICES TASK 1 - STREET LIGHTING AND AERATION FOUNTAIN DESIGN CDM will prepare constructions drawings, details and specifications for the installation of street lighting along N.E.7a', 8% 9t~ and 10a' Streets and for the installation of a fountain in Pond Segment 1. TASK 2 -CONSTRUCTION ADMINISTRATION SERVICES CDM will provide services associated with construction administration as described below. In the event the Contractor fail.~ to achieve the contract milestones, at no fault of CDM, and the City requests that CDM continue to provide construction admires' tration and RPR services, additional compensation via amendment may be required for a continuation of time-dependent services. · Schedule and conduct the Preconstruction Conference. Prepare minutes of the - Preconstruction Conference and distribute the minutes to all who attend. · Distribute construction drawings (number as required by Contract) to the Contractor. Provide four sets (2 sets of 36" x 24" (full size) and 2 sets of 12" x 18" (half size)) of construction plans (signed and sealed) to the City. · Log, process and review shop drawings and material certificates. Distribute reviewed shop drawings to the Contractor and the City. · Conduct up to 15 periodic site visits to the job site. · Review field and laboratory testing certificates provided by the testing firm hired by the Contractor. · Arrange and attend up to 15 meetings, a minimum of monthly, to discuss and agree on construction scheduling, problems and/or techniques. · Prepare and process field change directive/change orders as required. · Review and verify monthly contractor pay requests. · Provide general project administration. · Conduct one substantial completion inspection and prepare a punch list items to be completed. · Conduct up to two site visits to determine the Contractor's progress in completing punch list work. · Review the final project closeout documents. · Review construction as-built drawings provided by the Contractor. · Respond to Contractor's request for additional information. TASK 3 - RESIDENT PROJECT REPRE~E2qTATIVE SERVICES Provide a Resident Project Representative (RPR) for construction observation. The RPR shall provide full-time inspection for the duration of the construction contract. The contractual project ffmeframe to achieve Substantial Completion will be 39 weeks with equates to 1,560 hours of RPR time. CDM shall ufili~.e DCES as requested by the City. N:\oo0o\1~76 ~ ,~.cloc-st$12o~ A-2 EXHIBIT B PROJECT BUDGET PROJECT: Water Quality Improvement Devices at Existing Ouffall.~ CONTRACT Agreement between City of Boynton Beach and REFERENCE: Camp Dresser & McKee Inc. dated October 4, 2000 Labor Cate ogg_~ Hours Hourly Rate (S/hr) Total Officer 4 $178 Technical Specialist 36 $150 Project Director 16 $144 Senior Engineer/Scientist 222 $129 Professional II 100 $82 Professional I 88 $70 Senior Support. Services 4 $103 St~ff Support Services 160 $64 Clerical 98 $41 728 TOTAL LABOR COST $66,084 OTHER DIRECT COSTS Copying and Printing $3,000 Postage and Shipping 1,000 Travel 3,000 Computer and CAD 2,000 Data and Media 500 TOTAL OTHER DIRECT COSTS $9,500 OUTSIDE PRO~IONAL SERVICES (Includes 10% Mark-up) Resident Project Representative $120,120. TOTAL OUTSIDE PROFESSIONALS $120,120 TOTAL ESTIMATED COST $195,704 TOTAL LUMP SUM AMOUNT ~ O000-O F H NI~M.,R. OFHWPI~ ~s7576 E~h B.do~ V.-CONSENT AGENDA CITY OF BOYNTON BEAC ITEM C.5. AGENDA ITEM REQUEST FC ..... Reque~ed City Comm~ion Date Final Form Must b~ Tun~! Requested City Commission Dato Final Form Must be Turned in Meeting Datea . in to City Cl¢~k's Offic~ Meeting Dat~ to CiW Clerk's Offic~ [] April 1, 2003 March 17, 2003 (Noon.) [] June 2, 2003 May 19, 2003 (Noon) [] April 15,2003 March 31, 2OO3 (Noon) [] Junz 17,2003 Jum2,2OO3(Noon) [] May 6, 2003 April 14, 2003 (Noon) [] July 1, 2003 Juno 16, 2003 (Noon) [] May20,2003 May 5, 2003 (Noon) [] JulylS, 2003 Jun~ 30, 2003 (Noon) [] Administrative [] Legal -<r~-~ NATURE OF [] Announcement [] New B.giness AGENDAITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code ComplianceJLegal Settlements [] Unfini.~hed Business RECO~'IEN~ATION: Motion to approve and execute by Resolution Task Order No. 27 to CH2M Hill, Inc. in the amount of $24,875.00 for force main design services, permitting, bidding and construction phase services necessary to expand the scope of work for Pump Station No. 317 Improvements project. EXPLANATION: A bid was issued under the direction of the Utilities Department to alleviate severely limited drainage conditions and flooding to the downstairs pump room and some of the upstairs portion of Pump Station No. 317 during storm events by installing FDOT catch basins and making a connection to the LWDD L-24 canal. The project was estimated at $35,000.00 and CH2M Hill, the design engineer, was approved for design and bidding services in the amount of $3,000.00. A Pre-Bid Conference was scheduled for May 9, 2003; however, prior to the meeting, it was discovered that additional construction was necessary for the replacement of a 24-inch diameter force main that is creating a large depression and presenting a safety issue at an unsecured area of the pump station. Therefore, the bid for "Drainage Improvements Project for Pump Station No. 317" was cancelled. Task Order No. 27 will allow CH2M Hill to perform the following work: Prepare designs for the replacement of the 24-inch force main · Modify the previous drainage designs to combine the projects · Permitting required for the force main · Bidding services (expanded due to addition of force main scope of work) · Construction phase services S:~BULLETINWORMSXAGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM PROGRAM IMPACT:' By combining the two projects, the existing flooding and drainage conditions along with the force main replacement at Pump Station No. 317 can be completed at the same time. The scope of work will be expanded and a new Request for Bid will be issued by the Utilities Department to move forward with this project in a timely manner. FISCAL IMPACT: Funds are available in the following Utilities CIP Accounts: · #401-5000-590-96.04 SWR097 - Force Main Replacement · g401-5000-590-96.09 STM026 - Drainage Improvements ALTERNATIVES: There is no alternative at the present time. The force main replacement presents a safety issue since it is within an unsecured area of the pump station and it is more efficient to bid the projects as one. ~~~j.~ Dale S. Sug~rman, Kurt Bressner, Assistant City Manager City Manager Utilities Department Department Name City Attorney / Finance / Human Resources Attachment (Task Order No. 27) bc: Dale Sugerman, Assistant City Manager Mark Law, Deputy Utilities Director Paul Fleming, Sr. Project Manager Barb Conboy, Manager, Utilities Administration Tony Lombardi, UPS Collection Supervisor File S:kBULLETIN~ORMSkAGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R03- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING EXECUTION OF TASK ORDER NO. 27 TO CH2MHILL, IN THE AMOUNT OF $24,875.00 FOR FORCE MAIN DESIGN SERVICES, PERMITTING, BIDDING AND CONSTRUCTION PHASE SERVICES NECESSARY TO EXPAND THE SCOPE OF WORK FOR PUMP STATION NO. 317 IMPROVEMENTS PROJECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, a bid was issued under the direction of the Utilities Department to alleviate severely limited drainage conditions and flooding to the downstairs pump room and some of the upstairs portion of Pump Station No. 317 during storm events by installing FDOT catch basins and making a connection to the LWDD L-24 canal; and WHEREAS, prior to a p re-bid conference being scheduled i t w as determined t hat additional construction was necessary for the replacement of a 24-inch diameter force main that is creating a large depression and presenting a safety issue at an unsecured area of the pump station; and WHEREAS, this task order includes the following engineering services: · Prepare designs for the replacement of the 24-inch force main · Modify the previous drainage designs to combine the projects · Permitting required for the force main · Bidding services · Construction phase services WHEREAS, the City Commission, upon staff's recommendation, has deemed it appropriate, and in the best interests of the public, to approve Task Order No. 01-27 for CH2MHILL, in the amount of $24,875.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF S:\CA\RESO~Agreements~Task - Change Orders\Task Order - CH2MHILL - 27.doc THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being tree and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby authorize and direct execution of Task Order No27 for CH2MHILL, in the amount of $24,875.00. Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this ~ day of June, 2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk S:\CA\RESO~,greements\Task - Change Orders\Task Order - CH2MHILL - 27.doc Task Order No. 27 Lift Station 317 Improvements A. Background CH2M HILL has conducted several projects at the 317 Lift Station located near the intersection of Congress Avenue and Boynton Beach Boulevard. Recently, under the General Engineering Work Authorization, a project was conducted to procure a contractor to implement drainage improvements at the Lift Station site. The project was terminated prior to bidding so that additional work could be incorporated into the project. Near the site, a 20-inch force main cames waste water from the east along Boynton Beach Boulevard. The 20-inch pipe joins with another 16-inch force main at the lift station's southeast comer and continues to Manhole No. 1 via a 24-inch diameter ductile iron force main. The 24-inch diameter force main has experienced sever corrosion and has begun to collapse creating a large depression above the pipe. The depression permits soil to enter the force main and presents a safety issue at an unsecured area of the Lift Station. The purpose of this Task Order No. 27 is to provide the professional services to design a replacement force main at the 317 Lift Station and to incorporate these changes into a procurement package previously prepared for drainage improvements at the site. This AUTHORIZATION (Task Order 27) will fund design services for the new force main, bid-phase services to procure a utility contractor for the combined project, and construction phase services during the execution of the proposed improvements. B. Scope of Work Task 1-Force Main Design Under this task, CH2M HILL will gather information regarding the 24-inch force main at the 317 Lift Station site. A design will be prepared for the new force main and will be incorporated onto site drawings provided by the City. It is assumed that additional survey work will not be necessary. The design will provide a new force main from the junction of the 20-inch, 16-inch, and 24-inch diameter force mains and MH-1. In the event that a conflict is apparent with underground structures, CH2M HILL will request that the City perform or coordinate underground verification services. As part of this task, modifications will be made to the previously completed drainage design including modifications to the cover sheet, index, notes, and det~il.~. It is anticipated that two new sheets will be added to the design package. The design will be submitted for review by the City at the 60- and 90-percent complete stages. An Engineer's estimate of probable construction cost will also be prepared and submitted with the 90-percent review package. OFB~SCOPE_TO_27_051603. DOC In addition, the technical specifications previously prepared for the site drainage improvements will be modified to reflect the new scope of work. Specification sections for piping, force mains, and de-watering will be added from the City's Master Specifications. A permit has already been obtained from the Lake Worth Drainage District (LWDD) for the implementa, tion of the drainage improvements. It is anticipated that a permit is not necessary for'the replacement / repair of the force main and that this work will be viewed as a maintenance activity. Two permits may be necessary for the execution of the work. These include a de-watering permit from the South Florida Water Management District and a work permit from Palm Beach County for work to be conducted within the right-of-way of Boynton Beach Boulevard. It is the intent of this task order to require the utility contractor to obtain all necessary work permits. Task 2-Bid Phase Services Based on the "Standard Procedures and Functions for Consultants, Procurement Services, and the Project Management Team,' (provided by the City) the following services will be provided under Task 2: Prepare and Distribute Design Docmnents to Procurement, City Clerk, and PMT - Three sets of the contract, technical specifications, and drawings will be prepared, bound, and distributed to the appropriate groups within the City. Distribute Plans to Interested Contractors and Maintain Plan Holders List - CH2M HILL will copy the contract documents and have them available for sale to interested contractors. The cost for reproduction will be borne by the contractors through the sale price ($50). CH2M H/LL will maintain a list of all plan holders that have purchased plans through the Deerfield Beach, Florida, office. This information will sent to the City's procurement office on a weekly basis. Answer Technical Questions from Contractors - CH2M HILL will provide general answers to contractors regarding this project. Answers will be in the form of verbal communication and will be general in nature. If questions arise that identify inconsistencies or omissions, CH2M HILL will contact Procurement Services to assist with the preparation of an addendum. Attend Pre-Bid Meeting- CH2M HILL's project manager will attend the pre-bid meeting and assist with technical questions that arise. It is assumed that the meeting will be conducted by the City and that meeting minutes will not be prepared. Attend Bid Opening Meeting - CH2M HILL's project manager will attend the bid-opening. It is assumed that the City will conduct the meeting and that meeting minutes will not be prepared. Assist With Bid Evaluation - CH2M HILL will tabulate the bids and prepare a summary table for the City that identifies bid item, unit prices, and any assumptions provided by contractor. The bid summary will also include the Engineer's estimate of probable cost. CH2M HILL will then review the references and background of the apparent low bidder. A letter summarizing the bid tabulation and the results of the reference check will then be submitted to the City. If the City rejects the apparent low bidder, CH2M HILL will conduct a reference review on additional bidders. DFB'~SCOP E _T0_27_051603.D0C 2 Task 3 - Construction Administration As part of Task 3 - CH2M HILL will provide limited Construction Administrative Services including submittal review and responding to technical questions presented by the City. It is anticipated that the City will serve as the Lead Construction Administrator and that CH2M HILL will provide only supplemental services. It is assumed that CH2M HILL will review up ~o 5 submittals by the Contractor (concrete pipe, catch basins & grates, control structure, force main piping and associated valves). Task 4 - Limited Site Inspections During the course of construction activities, the City will provide primary construction management and residential observation services. However, to meet the requirements of the LWDD permit and our obligation as Engineer of Record, CH2M HILL will need to be on site for at least three specific construction activities including the tie-in to the canal culvert, the establishment of the control structure weir elevation, and the final placement of the force main. Assumptions The following assumptions were made during the preparation of this Task Order: · CH2M HILL will not obtain additional permits under this Task Order · No additional survey services will be required to complete this design The City will conduct utility verification services if necessary · CH2M HILL will conduct one bid iteration · The City will provide primary Construction Administrative / Management / and On- Site Observation Services · The City will prepare conformed construction documents · The City will receive, review, approve, and process all submittals from the contractor and will be responsible for issuing requests for field orders, work change directives, and change orders. · Record drawings will be prepared by the contractor C. Contract Reference This Task order shall be performed under the terms and conditions described within the Agreement for General Engineering Consulting Services dated October 4, 2000, between the City and CH2M HILL. D. Compensation Compensation by the City to CH2M HILL will be a lump sum basis in accordance with the above-mentioned Agreement. A break-down of the level of effort is provided in Attachment 1. Compensation for the services described in this Task Order is $24,875. 3 DFB~COPE_TO_27_O51603. DOC E. Schedule CH2M HILL will complete Task 1 of Task Order 27 activities within 2 weeks of Notice to Proceed (NTP). All other tasks will be dependent upon the City. It is anticipated that the entire Task Order will be completed within 18 weeks from the NTP. APPROVED BY: CITY OF BOYNTON BEACH, FLORIDA By: Kurt Bressner City Manager Dated this ~ day of ,2003. SUBMITTED BY: CH2M HILL, INC. /~ice Pt~.~l'dent, Area Manager Dated this ~ day of ~f ,2003. DFB~SCOPE_TO_27_051603,0OC 4 Attachment 1 Detailed Fee B~eakout.' Project: C#y of Boynton Bea=h - L~ ~17 Contractor Procurement Client: C#y of Boynton Beach By: Rick OI.on DII®: 4/24r2~ V.-CONSENT AGENDA O CITY OF BOYNTON BEACI ITEM C.6 AGENDA ITEM REQUEST FORM w. R~u~t~ Ci, Co~ission - ~te Final Fo~ M~t ~ Tum~ R~u~t~ ri, Co~ission ~te Final Fo~ Must ~ ~ ~ M~tine Dat~ in to QiW Clerk's O~ce M~ing ~t~ in to Ci~ Clerk's O~ April I, 2003 M~ch 17, 2003 (N~n.) ~ June 3, 2003 May 19, 2003 (N~n) April 15, 2003 M~ch 31, 2003 (N~n) ~ June 17, 2003 J~e 2, 2003 (N~n) May 6, 2003 Ap~l 14, 2003 (N~n) ~ July 1,2003 J~e 16, 2003 (N~n) May 20.2003 May 5, 2003 (N~n) ~ July 15, 2003 J~e 30, 2003 (N~n) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Motion to approve full release of surety covering the water and wastewater system for the BJ's project, and returning the cash surety of $7,882.00 to the developer. EXPLANATION: The developer of this project had previously posted cash surety in the amount of $7,882.00 to guarantee sati~}t~cto~-< completion of the on-site water and wastewater systems. Those systems have now been completed, all docun~n~tati~:~ has been provided and the systems have operated satisfactorily through the warranty period. The surety therefore be released. PROGRAM IMPACT: None FISCAL IMPACT: None ALTERNATIVES: None. /l '~' Department Head's Signature City Manager's Signature UTILITIES -',~~~ Department Name City Attorney / Finance / Human Resources XC: Dale Sugerman (w/copy of attachments) Peter Mazzella " Barbara Conboy " Mary Munro, Finance Dept. " File " S:\BULLETINWORMSXAGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R03- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING A FULL RELEASE OF CASH SURETY IN THE AMOUNT OF $7,882.00 TO B.J.'s WHOLESALE CLUB.; AND PROVIDING AN EFFECTIVE DATE. WItEREAS, the developer of this project had previously posted cash surety in the mount of $7,882.00 to guarantee satisfactory completion of the on-site water and wastewater systems; and WHEREAS, those systems have now been completed, all documentation has been provided, and the systems have operated satisfactorily through the warranty period; and WIIEREAS, the City Commission, upon recommendation of staff, deems it appropriate to authorize a full release of cash surety in the amount of $7,882.00 to B. J.'s Wholesale Club. NOW, TIIEREFORE, BE IT RESOLVED BY TIlE CITY COMMISSION OF TIlE CITY OF BOYNTON BEACII, FLORIDA, TIlAT: Section 1. The City Commission of the City of Boynton Beach, Florida, does hereby approve the full release of the cash surety in the amount of $7,882.00 to B.J.'s Wholesale Club. Section 2. That this Resolution shall become effective immediately upon passage. S:\CA~,ESOXLettc"rs of Credit~B.J.'s - cash surety release.doc PASSED AND ADOPTED this ~ day of June, 2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk (Corporate Seal) S:\CA~..SO~Letters of Credit~B.J.'s - cash surety release.doc DIRECT PAYMENT REQUISITION Please issue a check in the amount of $ 7,882.00 To: BJ's Wholesale Club P.O. Box 9607 Natick, MA 01760 For: Full release of cash surety for the project known as BJ's Requested by Peter V. Mazzella, Deputy Utilities Director Date May 30, 2003 Approvals: 401 0000 220 99 00 7,882.00 Finance Dept. City Manager $7,882.00 V.-CONSENT AGENDA CITY OF BOYNTON ITEM C.7. AGENDA ITEM REQUEST Requested City Commission Date Final Form Must be Turned Requested City Commission Dat~ Final Form Must be Tumed Meetin~ Dates in to City Clerk's Office Meetin~ Date~ in to City Clerk's Office '[~ April i, 2003 March 17, 2003 (Noon.) [] June 3, 2003 May 19, 2003 (Noon) [] April 15, 2003 March 31, 2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) [] May 6, 2003 April 14, 2003 (Noon) [] July 1, 2003 June 16, 2003 (Noon) [] May 20, 2003 May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Preaenlation [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfinished Business .~. RECOMMENDATION: Approve CH2Mhill Work Authorization No. 2 Scope of Services for City of Boynton Beach Fire Station No. 4. EXPLANATION: Contract provides for Architectural and Engineering services pertaining to: (1) Pre Design, (2) Schematic design, (3) Design development, (4) Construction documents, (5) Permitting, (6) Bidding assistance, (7) Construction phase services and (8) Post Construction services for a 8000 sq. ft. fire station. Adjacent utilities on Federal Highway and required median cut for Emergency Fire Vehicle egress is included. The firm of CH2Mhili was selected through an in depth competitive bid process. A total of 11 firms were evaluated by a team of Fire, Facilities Management and Engineering Department personnel. The top 3 scoring firms presented formal presentations to the team members, of which CH2Mhili was selected as the most appropriate firm. A recap of the proposal qualifications/experience of CH2Mhili and other firms is attached. PROGRAM IMPACT: The award of this contract will allow the Fire Rescue Department to begin the process of constructing a fourth fire station located in the SE quadrant of the City. The construction of this new fire station is a critical element of the special fire assessment's goal to reduce emergency fire response times. FISCAL IMPACT: Total services for the eight tasks listed in explanation is $202,285. Funds to be derived from special Fire Assessment revenues. ALTERNATIVES: Do not proceed with design and construction of Fire Station. City Manager's Signature Department Name City Attorney / Finance / Human Resources Fire Rescne Department S:q3ULLETINWORMS~AGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R03- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING EXECUTION OF WORK AUTHORIZATION NO. 2. SCOPE -- OF SERVICES AND FEES FOR FIRE STATION NO. 4; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, this authorization provides for architectural and engineering services pertaining to eight (8) separate tasks regarding the construction of Fire Station No. 4, as follows: (1) Pre Design, (2) Schematic design; (3) Design development, (4) Construction documents, (5) Permitting, (6) Bid assistance, (7) Construction phase services, and (8) Post. Construction services for a 8000 square foot fire station; and WHEREAS, the approval o fthis authorization No. 2 Scope of Services and Fees, will allow the process to begin for construction of a fourth fire station to be located in the'SE quadrant of the City; and WHEREAS, the City Commission, upon staff's recommendation, has deemed it appropriate, and in the best interests of the public, to approve CH2Mhill Work Authorization No. 2, Scope of Services and Fees for Fire Station No. 4. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby authorize and direct the approval and execution of CH2M Hill Work Authorization No. 2, Scope of Services and Fees for Fire Station No. 4, in the SE Quadrant of the City. S:\CA\RESO~Agreeme~s~Task * Change Orde~CH2M Hill Work Au~or No. ~ - BBFD Statio~ 4.(Ioc Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of June, 2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk S:\CA\RESO~Agreeme~ts\Task - Change Or~ers~CH2M Hill Wo~ AutO* NO. 2 - BBFD Stabon 4.doc WORK AUTHORIZATION NO. 2 SCOPE OF SERVICF_~ FOR CITY OF BOYNTON.BEACH FIRE STATION NO. 4 BOYNTON BEACH PROJECT NO. CH2M UILL PROJECT NO. Proj~ Description: A new one story +/- 8,000 SF 3-Bay l~lre Station to be located on ap. pro_~x~ ~tel, y. 1.9 ~ si~ w.hi.'ch fronts on th~ west side of Federal Highway and is just south of Southeast 18 Avenue ~mte also nas partial frontage on Southeast 18t~ Avenue). Description of Services: Provide Architectural and Engineering Pre Design, Schematic Design, Design Development, Construction Documents, Bidding Assistance and Construction Administration Services for Station # 4. Adjacent utilities on Federal Highway and required median cut for Emergency Vehicle egress is included. Work Not Included: No traffic study, signalization, off-site work, Technical Rcvicw Committee (TRC) site plan approval, no demolition of existing building and sitework, site analysis, telephone, data, cable TV and security system is included in Scope of Services. Task 1: Pre-Dmign Services: A. Oeotecimical Services (Provided by City) . $0 B. Site Survey Prepare topographic site survey locating property lines, existing known utilities, adjacent roadways sidewalks and 'other relevant site information (Provided by City) $0 Work Authorization No. 1 Scope of Services For Boynton Beach Fire Station 4 Page 2 January 13, 2003 C. Programming: C. 1. Based on in~rviews with appropriate City Management and Fire Department Staff, prepare a building space program indicating required assigned and support spaces for the building. $1,880 C.2. Concept drawings and meetings. Provide concept site plan and building sketches; and prepare for and attend one (1) review meeting with City and (1) meeting with neighborhood/community appearance group. $3,035 Expenses: Pwgramming submission to include six (6) Sets of Program Requirements, black line concept Site Plan and Building Sketches And Conceptual S.F. Cost Estimate $ 65 TOTAL TASK 1 LUMP SUM $ 4,980 Task 2: Schematic Design Based on approved pre-design services provide further developed conceptual floor plan, site plan, exterior elevation drawings and preliminary COllstruction cost estimate,8. Up to three meetings with Fire Department personnel will be held to review, revise and finalize the schematic design. Written approval of the work in this task will be required because, except for minor revisions, the floor plan will be considered "frozen" in order to avoid additional work in future tasks. $16,500 Expenses: Schematic Design submission to include six (6) sets of drawings and cost estimate. $ 245 Colored Rendering $ 2,750 TOTAL TASK 2 L~ SUM $ 19,496 Ddavisl0%ptx2po~ah~Boymon Beach # 4_!-13..02 Work Authorization No. 1 Scope of Services For Boynton Beach Fire Station 4 Page 3 January 13, 2003 Task 3: Design Development Based on an approved schematic design, detailed architectural and engineering drawings will be prepared. General info~on approximately 60% architectural, structural, mechanical, electrical and civil engineering systems and cost estimate. Up to two meetings will be held with City staff to review, revise and finalize the'design development. Written approval of the work in this task will be required prior to proceeding with Task 4. ?.~.,080 Expenses: Design Development Submission to include Six (6) sets of drawings, cost estimates and - outline specifications. TOTAL TASK 3 LUMP SUM $ 44,665 Task 4: Construction Doo~ments Based on an approved Design Development Package, final drawings Specifications, cost estimate, interior room finish material selection and equipment schedule will be prepared. AU architectural and en~neering systems listed in Task 3 and Attachment B will be finalized. Up to three meetings with City Staff will be held to review, and finalize the construction documents. $ 63,465 Expenses: Construction Doo~mentz submission to include six (6) sets of drawings, cost estimate and specifications $ 810 TOTAL TASK 4 LUMP SUM $ 64,2'75 Work Authorization No. 1 Scope of Services For Boynton Beach Fire Station 4 Page 4 January 13, 2003 Task $: Pe,'mitting Assist City in _p!reparation of permit applications and processing those applications to the City of Boynton Beach Building Department, 'Tech Review Committee, Palm Beach County Health Department (water distribution and sanitation), FDOT (driveway connections, utilities in the right-of-way) and Drainage pernfiL *Hourly estimated Labor and Expenses not to exceed without prior written authorization $ 8,000 TOTAL TASK 5 HRLY F_~TIMATE NOT TO EXCEED $ $,000' Task 6: Bidding Assistance Distribute Bid Documents and conduct one pre-bid conference with prospective bidders. Assist the City in answering questions, prepare Addendums, assist City in bid analysis and Recommendations. $ 4,000 TOTAL TASK 6 LUMP SUM $ 4,000 Task 7: Construction Phase Services Conduct the pre-construction meeting. Attend bi-monthly progress meetings, miscellaneous on-site review meetings, coordinate office administration, (shop drawings, change orders, proposed requests/ RFI's, review monthly pay applications, etc.) conduct substantial and final completion inspections and certification. ( See attachment A for breakdown). $ 52,200 TOTAL TASK ? LUMP SUM $ ~2,200 Task 8: Post Construction Services Provide record CADD drawings (electronic file) based upon contractor's marked up changes and provide 1 year warranty walk thru. $ 4,670 TOTAL TASK 8 LUMP SUM $ 4,670 Ddavisl0~t~o~o~ Beach # 4_1-134)'2 Work Authorization No. 1 Scope of Services For Boynton Beach Fire Station 4 Page 5 January 13, 2003 Task 9: Additional Services a) Demolition of existing building structure and site improvements. b) Communication systems selection, specifications or design. c) Interior designs or enhancements and furnishing selection.. d) Off site design beyond the project boundaries/property lines. '- e) Emergency signal design. 0 Traffic Stray. g) Permit Fees h) Extension of Tasks 1-8 beyond that described herein. i) Management of sub-consultants associated with additional services. j) Revisions to previously approved work. TOTA S aVIC crAssc Dd~vislO~x~x~s~oyntea _lk~e~_~ # 4_1-1302 Work Authorization No. 1 Scope of Services For Boynton Beach Fire Station 4 Page 6 January 13, 2003 C. Schedule:: CH2M HILL shall commence services immediately upon authorization and complete Task 1-4 services requested by the CITY within a period of 26 weeks for programming design and construction documents from receipt of "Notice to Proceed," not inclusive of any review periods required by City Staff. Bidding/pricing anticipated to be four (4) week period and construction is estimated at 7 months. D. Compensation for Services: The total amount to be paid to CH2M HIII. by the CITY under this work authorization for services (not including additional services) shall not exceod the Amount of Two Hundred Two Thousand Two Hundred Eighty Five Dollars ($202,28fi). The CH2 Flll.lJ will invoice the CITY on a monthly basis as required for payment. APPROVAL OF SCOPE & FRRS CITY OF BOYNTON BEACH CH2M ttlI.L FLORIDA Date:. Title: ~ Date:_~~_~ Work Authorization No. 1 Scope of Services For Boynton Beach Fire Station 4 Page 7 Janunry 13, 2003 ATFACHMENT A BOYNTON BEACH FIRE STATION # 4 TASK 7: CONSTRUCTION PHASE SERVICES Construction Phase (Basic Services Bnsed on 30 week/7 mo.nth construction period). Schedule A Construction Phase Services include the following: Horn Rat~s Total · Prepare for and Attend Pre-Construction Meeting 4 P.M. $110 · Office administration (correspondence, RFI's, change o .rders, Shop drawing review, pwposal requests, and review of Monthly pay appUcations, phone, fax, etc.) Arehitect/En~neer (Ave. 4 hrs/wk) 120 Prof $75 $ 9,000 Shop Drawing Review: Mechanical 20 Plumbing/Fire Protection 16 Electrical 24 Structural 20 Civil 16 Landscaping 152 Prof $ 75 $1 . O0 $20, 0 · Bi-Monthly Meetings: Equivalent of (1) 8 hour visit every two (2) weeks to include travel, 4.-hours minimum on site and prepare and distribute Meeting Minutes and Monthly Pay Application 'i20 Sr. Prof. $90 $10,800 · Miscellaneous Engineering Site Visits: To include Civil, Landscaping, Mechanical, Structural, Plumbing and Electrical En~neer to attend Progress Meeting as needed 120 Sr. Prof $90 $10,800 Work Authorization No. 1 Scope of Services For Boynton Beach Fire Station 4 Page 8 January 13, 2003 Attachment A Boynton Beach:'Fire Station # 4 Page 2 · Substantial Completion & Punch List ' Architect/PM 12 P.M. $110 $ 1,320 Mechanical 8 Sr. Prof.$ 90 $ 720 Electrical 8 Sr. Prof. $ 90 $ 720 Civil 12 Sr. Prof.$ 90 $ 1,080 Landscaping 8 Sr. Prof.$ 90 $ 720 Clerical _4 $ 35 $ 140 - 52 $ 4,700 · F'mal Completion/Close Out Architect/PM 16 P.M. $110 $ 1,760 Clerical 4_ $ 35 $ 140 20 $ 1,900 · Expenses: $ 3,160 TOTAL :588 $:52,200 Work Authorization No. 1 Scope of Services For BoynWn Beach Fu'e Station 4 January 13, 2003 ATI~ACI-IMENT B Boynton Beach Fire Station # 4 Boynton Beach Project No. " Scope of Services/F~timated Drawings (Schematic Design through Construction Documents) Discipline Est. # of Sheets Sheet Title T-1 Title, Index, Location Map T-2 Code Information, Abbreviations S - Symbols Site Survey SS Site Survey Civil C-1.1 Site Plan C-2.1 Paving, Grading & Drainage C-2.2 Horizontal Control - C-2.3 Utilities Plan C-3.1 Civil Details C-3.2 Civil Details C-3.3 Civil Details C-3.4 Lift Station C-3.5 Civil Details C-3.6 Civil Details Landmmpe/lrrigntion L- 1.1 Landscape Plan L-I.2 Landscape Detnil.~ & Plant List L-1.3 Landscape & Irrigation Specs Architecture A-1.1 Site Details A-2.1 Floor Plan A-2.2 Casework & Intedor Elevations A-2.3 Equipment Plan A-2.4 Reflected Ceiling Plan A-2.5 Wall Types Plan A-2.6 Room Finish Sched / Pattern Plan A-3.1 Exterior Elevations A-4. ! Roof Plan A-4.2 Roof Details A-5.1 Building Sections A-6.1 Wall Sections Work Authorization No. 1 Scope of Services For Boynwn Beach Fi~ Station 4 Pa~ 10 Sanuary 13, 2003 A-6.2 Wall Sections A-7.1 Door & Window Schedules A-7.2 Door & Window Details - · A-7.3 Architectural Details Discipline Est. # of Sheets Sheet Title Structural S- 1.1 General Structural Notes $-2.1 Foundation, and Floor Framing Plan S-2.2 Attic, Roof Frnming Plans S-3.1 Typical. Details & Schedules S-3.2 Sections & Dezails S-3.3 Sections & Details S-3.4 Sections & Details Mechanical MI. 1 Mechanical Legend M2.1 HVAC Floor Plan M3.1 F1VAC Details lVD.2 Mechanical Sections & Details M3.3 I-IVAC Controls M4.1 HVAC Scheduels Plumbing Pl. 1 Plumbing Legend & Abbreviations P2.1 Plumbing Floor Plan P3.1 Plumbing Stack Diagram P3.2 Plumbing Water Riser Diagram P4.1 Plumbing Details Fire Protection FP. 1 Site Plan Fire Protection FP. 1 Floor Plan F'ue Protection FP.2 Roof Plan Fire Protection Electricnl El.1 Legend & Abbreviations El.2 Electrical Site Plan E2.1 Lighting Plan F_.3.1 Power Plan FA. 1 Communications Plan ES. 1 Risers & Room Enlargement E6.1 One Line Diagram ET. 1 Electrical Details E7.2 Electrical Details & Risers ES. 1 Schedules E8.2 Panel Schedules July 3, 2002 CH2M HILL ONE HARVARD CIRCLE WEST PALM BEACH, FL 33409 ATTN: JAMES DYAK RE: Request for Qnaliflcations for the "THE CONSTRUCTION/RENOVATION OF FIRE STATIONS" RFQ flO43.2413-02/CJ-D .~:gi!g133~.l~_g~ on your Number One ranking arm' the presentations held June 13, 2002. Your efforts demonsUate your aucce~ful experience and knowledge base related to the City's Conatmction/Renovation of Fire Stations RFQ. Aiter careful review, the Evaluation Committee ranked the consultants in the following order. · CH2M · ARCHITECTS DESIGN GROUP · ROBERT G. CURRIE PARTNERSmP, INC. At the Commission meeting of July 2, 2002, your company has been selected to commence negotiations. A Representative from the City will contact you to arrange a meeting date for the start of negotiations. We appreciate the valuable time spent by you and your staff in the preparation of your submittal and delivery of your presentation. We look forward to working with you. Sincerely, Bill Atidm, Deputy Director of Financial Services /cid cc: Bill DcBgck- Engineering Project M~ David Liu - Deputy lq~ Chief Clem Buchcr - Con~act Administrator Cgntral File File Amertca's ~ate~ay to e~e Gui~k~ream V.-CONSENT AGENDA ITEM C.8. CITY OF BOYNTON BEA( AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates- in to City Clerk's Office Meeting Dates in to City Clerk's Office [] April l, 2003 March 17, 2003 (Noon.) [] June 3, 2003 May 19, 2003 (Noon) [] April 15, 2003 March 31, 2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) [] May6,2003 April l4, 2003 (Noon) [] Julyl,2003 Junel6,2003(Noon)L~'~__...'~ .-.~r~ [] May20,2003 MayS, 2003(Noon) [] July15, 2003 June 30, 2003 (Noon) [] Administrative [] Legal ~" ~.~r~ NATURE OF [] Announcement, [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unf'mished Business RECOMMENDATION: Approve CH2Mhill Work Authorization No. 1 Scope of Services for City of Boynton Beach Fire Station No. 2 complex. EXPLANATION: Contract provides for Architectural and Engineering services pertaining to: (1) Pre Design, (2) Schematic Design, (3) Design Development, (4) Construction Documents, (5) Permitting, (6) Bidding Assistance, (7) Construction Phase Services, (8) Post Construction services and (9) Additional services (see scope of services agreement for a 17,000 sq. ft. facility housing a 7500 sq. ft. fire station, 7500 sq. ft. fire administration facility, and 2000 sq. ft. training/community room/EOC). Adjacent utilities across Wooibright Road and a required median cut for Emergency Fire Vehicle egress is included. The firm of CH2Mhill was selected through an in depth competitive bid process. A total of 11 firms were evaluated by a team of Fire, Facilities Management and Engineering Department personnel. The top 3 scoring firms presented formal presentations to the team members, of which CH2Mhill was selected as the most appropriate firm. A recap of the proposal qualifications/experience of CH2Mhill and other firms is attached. PROGRAM IMPACT: The award of this contract will allow the Fire Rescue Department to begin the process of relocating the current fire station 2 and fire administration offices to a larger and more strategically located site. An integral part of this new construction includes the building of a 2000 sq. ft. fire training/community room that will also serve as a hardened Emergency Operations Center to serve as the city's dedicated EOC. FISCAL IMPACT: Total fee for the nine tasks listed in explanation is $296,059. Funding to be derived from special Fire Assessment revenues ALTERNATIVES: Do not proceed with design and construction of fire stallon conmlex. Department Heads Signature City Manager's Signature Department Name City Attorney / Finance / Human Resources Fire Rescue Department S:~BULLETIN~ORMSLa. GENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R03- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING EXECUTION OF WORK AUTHORIZATION NO. 1 SCOPE OF SERVICES AND FEES FOR FIRE STATION NO. 2; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, this authorization provides for architectural and engineering services pertaining to nine (9) separate tasks regarding the construction of Fire Station No. 2, as follows: (1) Pre Design, (2) Schematic design; (3) Design development, (4) Construction documents, (5) Permitting, (6) Bidding assistance, (7) Construction phase services, and (8)' Post Construction services, and (9) Additional services for a 17,000 square foot facility, housing a 7,500 foot square fire station, 7,500 sq. ft. fire administration facility, and 2,000 sq. ft. training/community roorn/EOC; and WItEREAS, the approval o fthis authorization No. 1 Scope of Services and Fees, will allow the process to begin for relocation of the current fire station 2 and fire administration offices; and WHEREAS, the City Commission, upon staff's recommendation, has deemed it appropriate, and in the best interests of the public, to approve CH2Mhill Work Authorization No. 1, Scope of Services and Fees for relocation of Fire Station No. 2. NOW, TltEREFORE, BE IT REsoLvED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach, Florida does S:\CA\RESO~Agreements~Tas,~ - Change Ordem~CH2M Hill Work Aut~' No. I - 8BFD Station 2.doc hereby authorize and direct the approval and execution of CH2M Hill Work Authorization No. 1, Scope of Services and Fees for relocation of Fire Station No. 2. Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this __ day of June, 2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk S:\CA~RESO~Agreemeflt$~Task - Change Orders~CH2M Hill Wo~ Autllor NO. 1 - BBFD Stallo~ 2.doc F~z 5~1.615.65~ CH2MHILL WORK AUTHORIZATION NO. 1 SCOPE OF SERVICES FOR CITY OF BOYNTON BEACH FIRE STATION NO. 2 BOYNTON BEACH PROJECT NO. CH2M HILL PROJECT NO. A mw two story 3-Bay F~e Station of approximately 17.000 Square Feet including 7,500 SF of Administrative Offices and a 2,000 Training Lab. The site is approximamly a 3 Acre parcel located on th~ north side of Woolbri~ht Road, just west of Congress Avenue. D~doo or Servlce~: Provid~ Amhimcumd and Eaglm~ring Pm Design' Scl~matic Design, De.~ign DevelopmenT. C. onslmCliOU Documents, Bidding Assistance and Construction Administration Services for Station # 2. Adjacmnt utilities across Woolbrisht Road and a r~quired malian cut for Emergency Vehicle egress is includad. Wm'k Not Included: No IXa~¢ study, signalization, off-sim work, Technical Review Committee (TRC) site plan approval, sim analysis, telephou~, data, cable TV and security system is included in Scope o1' Services. Ta~ 1: l~-lkalsn Seswic~s: A. Geotcchnical Services (Provided by City) $0 B, Site Survey Boundary and topographic site survey locating prol~rty liims, existing known utilities, adjacent roadways sidewalks and other ralevant site information (Provided by City) $0 DdavislO~salstBoynm~ Beach Prop Darecl 6.0403 ~cope c~ Services ~or ~oyn~m J~:h ~'~e Sta~on 2 Jme4, 2GO~ C. 1. Based on interviews with appropriate City Manasement and Fire Department Staff, prepare a buiidin8 space ptogtnm indicatin8 requited assigned and -support spaces for the building. $2,840 C,2, Concept drawings and meetinp. Provide concept site plan and building sketches; and prepare. for and attend on~ (1) review rnceting wRh City and (1) meeting wiih neighborhood/community appearance group. $3,295 E.XlX~Uses: Pmgramndng submission to include six (6) Sets of Program Requirements, black line conccpt Site Plan and Building Skctchcs And Conceptual S.F. Cost ~ate $ 165 TOTAL TASK 1 LUMP SlIM $ 6,300 Based on approved pm-design services provide further developed conceptual floor plan, site plan, exterior elevation drawings and preliminary, construction cost estimates. Up to three meetings with Fire Depm'tment personnel will be beld to review, revise and Rnali~e the schematic design. Written approval of the work in this task; will be required because, except for minor revisions, the floor pins will be con,ddeted "frozen" in order r~ avoid additional work in futllre h~ks. $30,428 Expenses: Schematic Design submission to include six (6) sets of drawings and cost estimate. $ 320 Colored Rendering $ 2.750 TOTAL TASK 2 LUMP SUM $ 33,498 Task 3: Design Development Bued on an approved schematic design, detailed architectural and eaSieeering drawings will be prepared. General information appmxiraately 60~ architectm'al, structural, mechanical, electrical and civil engineering systems and cost estimate. Up to two meetings will be held with City staffto review, revise and finalize the design development. Written approval of the work in this task will be mquL~ prior to proceeding with Task 4. $ 62,879 Beach 12_64)4.03 Exl~.,ns:;i: i.'le:iilPx Development Submission to include :~i~ (~ sets of drawings, cost estimaies and ~, ti.c specifications. $ 830 TOTAL TASK 3 LUMP SUM $ 63,709 Tmd~ 4:: I~t'.rueflon Docum~ts Based cm ~t ~:)pmvtd Design Dcvclopn~nt Package, final drawings Sp~Li~'.aticlti cost estimntn, interior room finish material selection and equit~me, ttt :~;~.tedule will be pmparexL Ail architectural and ~neei:hzB sy~:enls listed in Task 3 and Attachment B will be fll~(I, Up II) three meegn~s with City Staff will be held to review, and ffmalhc t~.:: construction documents. $ 99,792 Exp~nse:s: [~:fl.stx'uction Documents submission to include ..,ii~. (6) sets of drnwinp, cost cs~imn*~ and llp,:cifications $ 1,100 TOTAL TASK 4 LUMP SlIM $100,892' T~ S:: I.~Jlttlnf Am;i st City ~ ~,~-,paration of permi~ applications and processin$ thos~ ~,]pLica~ons to the City of Boyntofl Beach Buildin$ Dcpar~mcflt, Tech l~tw'icw :~mmittee, Pltlfll Beach County Health Department (wirier dt~flz~t.t:ion and sanitation), FDOT (ddYeway cc'~a mc~:ion.,~,, tfilkies in the risht-of-way), and Drainage permit. *Hourly ~:slizi~ated Labor and Expenses not to exceed without pfio~ wii',t,~co~ e uthorizafion $ 8.000 TOTAL TASK S HRLY E.q~TE NOT TO EXCEED $ 8,000* Ta~k 6: ]Bid~tng Assistance DL~;~ n'i~,l,t~ Bi~ Documents and conduct one pm.bid conference with lxc~pect]~ bi dders. Assist the City in answering questions, prep~e Ad~cmhm3t, ~ssist City in bid analysis and Ro:,_~m_qamda~ions. $ 6.500 TOTAL TASK 6 LUMP SUM ii 6,S00 Sc~e of Services For Boyntoa Beach Fire Sta~iofl 2 Taak ?: Comtruetion Phase Servic~ Conduct the p~-Constmction meeting. Attend bi-monthly prosress mintings, miscellaneous on-site review meetings, coordinate office administration, (shop drawings, chan~e orders, proposed requests/ RFFs, review monthly pay applications, etc.) conduct substantial and l-mai compimiou inspections and certification. ( See attachment A for breakdown). $_ 72,490 TOT,iLL TASK 7 LUMP SUM $ 72,490 Tank 8: Post Construe~n Provide tu:ord CADD drnwinss (electronic file) based upon contractor's marknd up chanses and provide Iyem- warranty walk thru. ~ TOTAL TASK 8 LUMP SUM $ 4,6?0 Tad~ ~. Additional Ser~ces a) Design / Documents for additional Hardenin$ of+/- 2,000 SF of Emergency Operations Areas. b) Communication systems selection, specificntions or design. Intarlor designs or enhancements and furnishing selection.. Offsite design beyond the project boundaries/properly lines. Earn t g er try signal design, Traffic Study. ~0 Pern~t Fees h) Extension of Tasics 1-8 beyond that described herein. i) Maaasement of sub-consultants associated with additional services. j') Revisions to previously aplxoved work. TOTAL SERVICES'('FASK 1.8) $296,0S9 Boynton Beach Fire Station 2 Junn 4, 2003 ~ ~ s~hsll commence services immediately upon authorization and complete Task' 1-4 services requested by the CITY within a period of 26 weeks for pro~"dmminl~ design and construction documen~ from receipt of "Notice to not inclusive of any review periods required by City Staff. Bidding/pricing anticipsied to be four (4) week period and construction' is estimaied at 10 months. D. Compensation for Services: Tim total amount to be paid to CH2M HILL by th~ CITY under this work alallotizagon for services (not incl-d!n~ additional services) shall not exceed tbs amount of Two Htmd~ed Ninety Six Thousand F'tt~ Nme Dollars ($296,059). Th~ CH2M HILL will invoice the CITY on a monthly basis as req~e~ for payment. APPROVAL OF SCOPE & FEES CITY OF BOYNTON BEACH CH2M HR.I. FLORH)A Date:, Title: Date: Oc.O~ Oi ~'~L¢~ i-or Boy,Urn Bosch Fire Station 2 ATTACHMENT A BOY--ON B~CH ~ STATION ~ 2 TASK 7: CONSTRUC~ON P~E SERVIC~ ~~ ~.~c S~ic~ B~d on 35 w~8 mon~ co~ction ~). Sc~ A ~s~ P~ Se~i~ ~lu~ ~ following: Hou~ ~ To~i · ~ ~ ~ A~ ~~on M~g 4 P.M. ~~ ~ m~ew of ~y pay ~p~c~ons, ~~n~(A~.4~k) 168 ~f' $75 $12,~ S~ ~S ~view: ~ 48 ~c~ 32 ' S~ 28 Ci~ 20 ~ap~g 196 ~g $75 $14.7~ $27,3~ · Bi-M~y M~tings: ~MvMent of (1) 8 ~ ~t eve~ two (2) ~ ~lu~ ~ ~ ~um on site and M~y ~y ~li~ 207 Sr.P~f. $~ $ IS,630 S~, Plumbing ~ ~~ ~n~cr m~~~ M~g~n~d~ 168 Sr. Prof $~ $15,120 Boy~ Be~ch ~m S~don 2 hme 4, 2003 AI/a~hment A Boynton Beach F'uz Station # 9. Pa~ 2 Substantial Completion & Punch List Architect/PM 12 P.M. $110 $ 1,320 M~hanical $Sr. Prof.$ 90 $ 720 ~ 8 Sr. Prof. S 90 $ 720 Civil 12 Sr.Prof. $ 90 $ 1,080 Landscaping 8 Sr. Prof.$ 90 $ 720 Clexical 4, $ 35 $ __ 140 52 $ 4,?OO L .Axchit~PM 16 P.M. $110 $ 1,760 20 $ 1,900 Br-p,mr~: $ TOTAL Sl5 $72,490 Boynton Beach 1 O0 E. Boynto~ B~ac~ Bo~ioard P.O. Bo~ ~10 Boy#tins Beavk, Florida 3342~-0310 T~ No: (~61) 742.~20 F~: (~61) 7~2-63~ July 3, 2002 CH2M l-~JlJ ONE HARVARD CIRCLE WEST PALM BEACH, FL 33409 ATrN: JAMES DYAK RE: Request for Qanliflcation~ for the "TI~. CONSTRUCTION/RENOVATION OF ~ STATIONS" RFQ #043.-2413-02/CJ-D Connratulation~ on your Number One ranking aRer the presentations held June 13, 2002. Your efforts demonslrnte your successful experience and knowledge base related to the City's Consm~ction/Renovation of Fire Stations RFQ. After careful review, the Evaluation Committee ranked the consultants in the following order:. · CII2M-BO.I. · ARCHITECTS DESIGN GROUP · ROBERT G. CURItlF. PARTNERSHIP, INC. At the Commission meeting of Suly 2, 2002, your company has been selected to commence negotiations. A Representative from the City will contact you to arrange a meeting date for the start of negotiations. We appreciate the valuable time spent by you and your staff in the preparation of your submittal and delivery of your presentation. We look forward to working with you. Sincerely, Bill Atkim, Deputy Dir~tor of Financial So-vices /cid cc: Bill Del~:k - HnSmeering Project MaflaSL*F David Liu - [:~-'puty Pit~ Chief Clem Bucher- Contract Adn~nis~rator Central File File America's Gateway to the Gulfstream 0 ITl V.-CONSENT AGENDA CITY OF BOYNTON BEA£ ITEM C.9. AGENDA ITEM REQUEST Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates. in to City Clerk's Office Meeting Dates in to City Clerk's Office [] April 1, 2003 March 17, 2003 (Noon.) [] June 3, 2003 May 19, 2003 (Noon) [] April 15, 2003 March 3l, 2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) [] May 6, 2003 April 14, 2003 (Noon) [] July 1, 2003 June 16, 2003 (Noon) [] May 20, 2003 May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon) [] Administrative [] Legal ~"<c~'~ NATLrRE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing ::~~--:-'~..~ [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Approve the letter of credit for restoration purposes for the Quantum Park Townhome~l~East and West development (plat has been recorded). EXPLANATION: The letter of credit, which has been approved by the legal and finance departments is to restore the site to its original condition should the developer default on the project. PROGRAM IMPACT: N.A. FISCAL IMPACT: N.A. ALTERNATIVES: Approve the letter with additional conditions. Department Name City Attorney / Finance / Human Resources SABULLETIICd:ORMS'~AGENDA ITEM REQUEST FORM.DOC DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION TO: Diane Reese and David Tolces FROM: Ken Hall ~ Hand delivered DATE: 5/19/03 RE: Review and approval of attached letter of credit from Bank of America for $25,047.00 dollars. Please review the attached, su~bject letter for its financial rating and legal sufficiency ;at your earliest. convenience and provide me with your input. Thanks for your cooperation!' J:kSHRDAT RESOLUTION NO. R03- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND ACCEPTING A LETTER OF CREDIT FROM BANK OF AMERICA (NO. 3056164) IN THE AMOUNT OF TWENTY FIVE THOUSAND FORTY SEVEN ($25,047.00) DOLLARS AS SURETY FOR RESTORATION PURPOSES F OR THE QUANTUM PARK TOWNHOMES EAST AND WEST DEVELOPMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, upon recommendation of staff, does hereby accept the above referenced Letter of Credit in the amount of $25,047.00, as surety for restoration purposes for the Quantum Pak Townhomes East and West Development. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OFf THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida hereby approves and accepts a Letter of Credit in the amount of $25,047.00 as surety for restoration purposes for the Quantum Pak Townhomes East and West Development. Section 2. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this ~ day of June, 2003. CITY OF BOYNTON BEACH, FLORIDA Mawr Vice Mayor Commissioner Commissioner ATTEST: Commissioner City Clerk S:\CA\RESO\Letters of Credit~ccepting Letter of Credit -Quantum Park Town Homes.doc 'Bahk of America PAGE: 1 DATE: MAY 16, 2003 IRREVOCABLE STANDBY LETTER OF CREDIT NUMBER: 3056164 BENEFICIARY APPLICANT CITY OF BOYNTON BEACH CENTEX HOMES DEPT. DEVELOPMENT - ATTN: KEN HALL PO BOX 199000 100 E. BOYNTON BEACH BLVD. DALLAS, TX 75219 BOYNTON BEACH, FL 33425 AMOUNT USD 25,047.00 TWENTY FIVE THOUSAND FORTY SEVEN AND 00/100'S US DOLLARS EXPIRATION MAY 15, 2004 AT OUR COUNTERS GENTLEMEN: WE HEREBY ESTABLISH OUR IRREVOCABLE STANDBY LETTER OF CREDIT NO. 3056164 IN YOUR FAVOR, AS BENEFICIARY, BY ORDER AND FOR ACCOUNT OF CENTEX HOMES, P.O. BOX 199000, DALLAS, TX 75219 UP TO T~E AGGREGATE SUM OF TWENTY FIVE THOUSAND FORTY SEVEN AND 00/100 U.S. DOLLARS (U.S.$25,047.00) EXPIRING ON MAY 15, 2004, AT THE COUNTERS OF BANK OF AMERICA, N.A., 333 SOUTH BEAUDRY AVENUE, 19TH FLOOR, MAIL CODE: CA9-703-19-23, LOS ANGELES, CA 90017 ATTN: STANDBY LETTER OF CREDIT DEPARTMENT, AVAII~%BLE BY PAYMENT AGAINST YOUR DRAFT(S) DRAWN ON US AT SIGHT ACCOMPANIED BY: 1. A STATEMENT PURPORTEDLY SIGNED BY AN AUTHORIZED OFFICIAL OF THE CITY OF BOYNTON BEACH DEPARTMENT OF DEVELOPMENT, SWORN TO BEFORE A NOTARY PUBLIC, STATING THAT: "THE FUNDS DRAWN UNDER LETTER OF CREDIT NO. 3056164 ISSUED BY BANK OF AMERICA, N.A. ARE DUE BY REASON OF CENTEX HOMES'S FAILURE TO COMPLETE SITE RESTORATION SHOULD THE NEED ARISE. THE WORK TO BE COMPLETED IS AS FOLLOWS: (LIST THE WORK CENTEX HOMES FAILED TO COMPLETE.) THE CITY OF BOYNTON BEACH }{AS DELIVERED WRITTEN NOTICE TO CENTEX HOMES DESCRIBING THE EVENT OR CONDITIONS OF DEFAULT IN REASONABLE DETAIL AND MORE THAN TEN (10) DAYS HAVE PASSED SINCE CENTEX HOMES RECEIVED THE CITY'S NOTICE, BUT CENTEX HOMES HAS FAILED TO CURE THE DEFAULT." 2. THE ORIGINAL OF THIS LETTER OF CREDIT. 3. COPY OF BENEFICIARY'S LETTER TO DEVELOPER DATED AT LEAST TEN (10) DAYS PRIOR TO DRAWING, NOTIFYING THEIR INTENT TO DRAW ON THIS LETTER OF CREDIT. SPECIAL CONDITIONS: PARTIAL DRAWINGS ARE ACCEPTABLE. THIS LETTER OF CREDIT IS ENFORCEABLE IN A COURT OF COMPETENT JURISDICTION IN PALM BEACH COUNTY, FLORIDA, AND IS TO BE INTERPRETED BY FLORIDA LAW. ANY DRAFT DRAWN UNDER THIS LETTER OF CREDIT MUST BE MARKED "DRAWN UNDER IRREVOCABLE LETTER OF CREDIT NO. 3056164 ISSUED BY BANK OF AMERICA, N.A.". IT IS A CONDITION OF THIS LETTER OF CREDIT THAT IT SHALL BE DEEMED AUTOMATICALLY EXTENDED WITHOUT AMENDMENT FOR ONE (1) YEAR FROM THE PRESENT OR ANY FUTURE EXPIRATION DATE UNLESS AT LEAST NINETY (90) DAYS PRIOR TO SUCH EXPIRATION DATE YOU ARE NOTIFIED BY REGISTERED LETTER OR OVERNIGHT COURIER SERVICE THAT WE ELECT NOT TO CONSIDER THIS LETTER OF CREDIT RENEWED FOR ANY SUCH PERIOD. .anl( of America PAGE: 2 THIS IS AN INTEGRAL PART OF LETTER OF CREDIT NUMBER: 3056164 WE HEREBY ENGAGE WITH YOU THAT ANY DRAFT(S) DRAWN UNDER AND IN COMPLIANCE WITH THE TERMS OF THIS LETTER OF CREDIT WILL BE DULY HONORED UPON PRESENTATION TO OUR OFFICE AT 333 SOUTH BEAUDRy AVENUE, 19TH FLOOR, MAIL CODE: CA9-703-19-23, LOS ANGELES, CA 90017 ATTN: STANDBy LETTER OF CREDIT DEPARTMENT, OR BANK OF AMERICA, N.A., 5875 NW 163RD STREET, MAIL CODE: FL7-405-02-06, HIALEAH, FL 33014, VIA COURIER SERVICE OR REGISTERED MAIL ON BEFORE THE EXPIRATION DATE OR ANY AUTOMATICALLy EXTENDED EXPIRATION DATE AS SPECIFIED ABOVE. UNLESS OTHERWISE EXPRESSLY STATED HEREIN, THIS LETTER OF CREDIT IS SUBJECT TO THE UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARy CREDITS (1993 REVISION) INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION NO. 500. ' IF YOU REQUIRE ANY AsSIsTANCE OR HAVE ANY QUESTIONS REGARDING THIS TRANSACTION, PLEASE CALL 213-345-0132. AUTHORIZED SIGNATURE V.-CONSENT AGENDA ITEM C. 10. CITY OF BOYNTON BEACL_ AGENDA ITEM REQUEST FORM Re~_ _u~___~d City C~-.-.ai~eo Date F'mal Fm'm Must be Turned Reqne~ed Cit~ ~ Date Final Form Must be Tum~ in Meeting Dn~z . in to CiO/Clerk's Office Meeting I3~tes to City Clerk's Office [] ~,2oo~ M.~h~,2oo~c~o~) [] ~n.~,~oo~ ~ [] April 15,2003 March 31, 2003 (Noon) [] June 17,2003 June 2, 2003 CNoon) [] May6,2003 Aln. illS, 200Z(Noc~) [] July 1,2003 J~ne 16, 2003 (Noee) [] ~y 20, 200~ ~ ~, 20o3 C~oo~) [] ~ l~, 2003 ~un, ~0, 20o3 [] Aamini~ative [~] Legal NATURE OF [] Announcement [] New Business AGgN-I}A ITEM [] City Manager's Report [-] Presenl~on [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfinished B~mines$ RECOMMENDATION: Adopt resolution in favor of retaining South Technical Community High School (8outh Tech) in Boynton Beach and recommend it be approved as a conversion charter school. EXPLANATION: The School District is planning to close South Tech and to disperse its programs into the Career Academies at the new high schools opening in west Boynton Beach and west Boca Raton starting in school year 2004-05. South Tech has been extremely successful with its programs and has received almost four times more applications this year than they can accommodate indicating an immediate need for this type of education well beyond the seats that will be available in the new Career Academies. South Tech creates opportunities for success for our students in a small school environment that brings positive recognition to our city. The Community School evening courses located at South Tech serving our adult population would also PROGRAM IMPACT: In its place, the District is planning to relocate two alternative schools to the South Tech site: the Delray Full Service Center that provides education for students with behavior problems, and South Area Middle School of Choice now in Lake Worth, which serves students who are struggling academically. In_SCAL IMPACT: The loss of South Tech coukt have a negative impact on our city es this successful school of choice, which provides real job training within a high school curriculum, would not be available to our students. The evening adult vocational classes would close as well. ALTERNATIVES: Do not adopt the resolution of support and allow So--unity High School to -" City Manager's Signature Department Name 6/ City Attor~'/Finance / Human Resources S:~UI .I .k'?I'INL-~X)RMS'~GENDA ITEM REQUEST FORM.DOC RESOLUTION R03- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, IN SUPPORT OF RETAINING SOUTH -- TECHNICAL COMMUNITY HIGH SCHOOL IN BOYNTON BEACH, AND RECOMMENDING IT BE APPROVED AS A CONVERSION CHARTER SCHOOL. WI-IEREAS, South Technical Educational Center has been a part of the Boynton Beach community since 1976, serving adult and high school vocational students; and WI-IEREAS, South Technical Community High School now has transitioned to serving only high school students during the day; and WI-IEREAS, the Mission of South Technical Community High School is to provide each student with rigorous and relevant instruction, meeting individual career goals, enabling students to be successful in a diverse and changing workforce, and benefiting the community through the efforts of a highly skilled and dedicated staff in an environment uniquely suited to student success; and WHEREAS, South Technical Community High School has increased student enrollment by more than 30% each year of its high school operation; and WI-IEREAS, 71% of this year's graduating class will attend either a two- or four-year college, 16% are headed to work, and 13% are headed to the military, for 100% productive futures; and WI-IEREAS, the School District is planning to close South Tech and to disperse its programs into Career Academies at the new high schools opening in west Boynton Beach, and west Boca Raton for school year 2004-05; and WHEREAS, South Technical Community High School has received almost four times more applications this year than can be accommodated indicating an immediate need for this type of education well beyond the seats that will be available in the new Career Academies, and WI-IEREAS, the faculty and parents have overwhelmingly voted to keep South Technical Community High School operational in Boynton Beach and to apply for conversion charter status; and WHEREAS, the City of Boynton Beach is proud of the accomplishments of South Technical Community High School and of its students; S:\CA\RESO\Legislative Ac'aon$~Reso Sul3~o~ng Sou~ Tecta.doc NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby ratified and confirmed by the City Commission. Section 2. The City of Boynton Beach requests the School District of Palm Beach County to retain South Technical Community High School in Boynton Beach. Section 3. The City of Boynton Beach supports the application of South Technical Community High School asking for conversion charter stares. Section 4. The City of Boynton Beach urgently asks that the School District of Palm Beach County honor our request and not implement any other plans for this school site. Section 5. That upon passage the City Clerk is directed to forward a copy of this Resolution to the School Board of Palm Beach County. PASSED AND ADOPTED this __ day of June, 2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner AT'rEST: City Clerk (Corporate Seal) S:\CA\RESO\Legi$1ative Actlon$'hcl~8o S~13fl(xtJng Soul~ Tetra.doc South Tech High School supporters seek switch to charter By Scott Travis Education Writer May 26, 2003. As South Tech High School supporters hurriedly try to save the school from dosing, school distdct officials are moving quickly with plans to use the site for alternative education programs. Parents and administrators at the Boynton Beach technical school announced Tuesday that they would like to apply to be a conversion charter school, a distinction that allows the school to remain on its current site but operate independently of the school district. They see it as the best hope of survival. The district plans to dose the school in 2004 and move the programs to two new high schools wast of Boynton Beach and west of Boca Raton. But the school district has other plans for the school's site, and if South Tech stays, it could have a dpple effect that stretches from Lake Worth to Boca Raton. On Wednesday, the School Board approved specifications for a $9 million renovation at the school. The board wants to move two alternative schools to the site, South Area Middle School of Choice in Lake Worth, which serves students who are struggling academically, and Delrey Full Service Center, which is designed for students with behavior problems. The district hasn't made any alternative plans for these schools, in the event South Tech becomes a charter school. It would be up to the School Board to decide whether to grant the charter to South Tech. Superintendent Art Johnson said he'll see look at South Tech's proposal, but he's not making any changes to the district's plans. "There are all kinds of plans wa have made for that land and that building space," Johnson said. "The building is coming down." South Area School of Choice sits on a tiny campus next to Barton Elementary School in Lake Worth. The school is mostly portable classrooms. District officials have been trying to move altemative education students into regular classrooms, said Mary Vreeland, the district's alternative education director. Delray Full Service will eventually have to move to make away for the expansion of Village Academy, which is adding a grade every year until it becomes a kindergarten through 12th-grade school. South Tech officials are preparing to ask teachers and parents to vote on becoming a charter school during the next waek. They ware hoping the votes could be taken before the School Board approved specifications. But they are still going ahead with plans. The Boynton Beach-based Gold Coast Builders Association has agreed to help in the fight. The school hopes to have an application completed by eady August. "All wa can do is apply," Principal Jim Kidd said. "State law gives us the dght to apply for conversion. It will be up to the beard to decide what is the most practical use of the facility. We will have to live that decision, whatever It is." Inlet Grove High School, a technical school in Riviera Beach, also wants to become a conversion charter. It's less likely to face resistance because there are no current plans for Inlet Grove's site. The specifications approved by the School Board call for teadng down many of the administrative and classroom buildings at 1,000-student South Tech and rebuilding it as a school with 1,453 seats. Johnson said it's possible both South Tech and the alternative schools could co-exist at one location. But the only way to do that would be to demolish the building and rebuild, and it's unlikely the school distdct would undergo a major construction project for a charter school, officials said. But School Board member Debra Robinson hash1 ruled out the possibility of allowing South Tech to stay where it is. Although building specifications have been approved, no money has been spent on moving the schools. She said one possibility would be to move Delray Full Service Center to Atlantic High°s currant Seacrest Boulevard site after it moves to West Atlantic Avenue in 2005. The district has made tentative plans to use the Seacrest site as a middle school, but that's not expected to happen any sooner than 2011. Virginia Farace, a member of the Boynton Beach Education Advisory Council, said she doesn't understand why Delray Full Service Center would move out of the city it's named after. She also doesn't want South Tech's students to have to attend a giant high school. Students and parents praise the school for the individual attention they are able to give to students. "We think South Tech has done a wonderful job with the kids," she said. "Our community needs the school, and we want it to stay." Scott Travis can be reached at stravis~sun-sentinel.com or 561-243-6637. Copyright (c) 2003, South Flodda Sun-Sentinel Visit Sun-Senfinel.com V.-CONSENT AGENDA CITY OF BOYNTON BEAC} ITEM C.11. AGENDA ITEM REQUEST FOl vt Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates. in to City Clerk's Office Meeting Dates in to City Clerk's Office [--]' April 1, 2003 March 17, 2003 (Noon.) [] June 3, 2003 May 19, 2003 (Noon) [] April 15, 2003 March 31, 2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) [] May 6, 2003 April 14, 2003 (Noon) [] July 1, 2003 June 16, 2003 (Noon) [] May 20, 2003 May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Ratification of a Memorandum of Understanding between the City of Boynton Beach and the Pahn Beach County Police Benevolent Association. EXPLANATION: The term of the current collective bargaining agreement between the parties is 10/1/01 - 9/30/04. In order to clarify two items in the agreement the parties have met and agreed to language that is mutually beneficial to both labor and management. Article 8 Vacancies deals with progression of pay increases for individuals hired with experience, and Article 22, Training institutes a reimbursement policy for monies expended by the City for training if the employee leaves the City within 365 days of completion. PROGRAM IMPACT: N/A FISCAL IMPACT: ALTERNATIVES: Department Head's Signature City Manager's Signature Department Name / City Attor~/Finance / Human Resources / S:~BULLETINLVORMS~AGENDA ITEM REQUEST FORM.DOC RESOLUTION R03 - A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, RATIFYING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA AND THE PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION (PBA) TO RESOLVE/CLARIFY AN ISSUES OF DISPUTE BETWEEN THE PARTIES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach and the Palm Beach County Police Benevolent Association (PBA) have successfully resolved issues of dispute regarding Article 8, Vacancies and Article 22, Training; and WHEREAS, the Memorandum was ratified by the Bargaining Unit of the Union; and WHEREAS, the City Commission of the City of Boynton Beach deems it to be in- the best interests of the residents and citizens of the City to ratify this Memorandum; 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 ratify the Memorandum of Understanding between the City of Boynton Beach and the Palm Beach County Police Benevolent Association (PBA) attached hereto and made a part hereof. Section 2. This Resolution will become effective immediately upon passage. S:\CA\RESO',AgreementsXBBPDXMOU - Art 8 and 22 - 060603.doc PASSED AND ADOPTED this ~ day of June, 2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner 'Commissioner ATTEST: City Clerk (Corporate Seal) S:\CALRESO',Agreements~BBPD'uMOU - Art 8 and 22 - 060603.doc MEMORANDUM OF UNDERSTANDING The CITY OF BOYNTON BEACH, FLORIDA (the "City") and the PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION ("PBA") enter into this Memorandum of Understanding to clarify and modify the provisions of the current Collective Bargaining Agreement between the City and the PBA (Officers and Detectives) and agree as follows: 1. The City and the PBA agree to amend Article 8 (Vacancies). The following language will be added to Article 8, Section 2 as paragraph 2: Employees hired pursuant to this Section shall receive a 4.5% increase to base wage the first pay period following each October 1st of this Collective Bargaining Agreement, beginning October 1, 2002, provided the employee receives a performance evaluation of "Meets Expectations" or better. 2. The City and the PBA agree to amend Article 22 (Training). The following language will be added to Article 22, Section 4 as paragraph 2: In the event that an employee voluntarily terminates his/her employment with the City within 365 days of the date of completion of the training or school attended at the request of the employee, the employee will reimburse the City for costs and expenses associated with the training or school, paid by the City on behalf of the employee. 3. This Memorandum of Understanding shall become effective as of the date it is ratified by both the City Commission and the PBA and shall be effective for the remainder of the term of the Collective Bargaining Agreement. 4. All other terms of the Collective Bargaining Agreement for the period of October 1, 2001 to September 30, 2004 are binding except where expressly modified herein or hereinafter by the City and the PBA. · CITYO BO TON BEACH, FLORIDA '_ ~,~ Kurt Bressner, City Manager Appro~d,~to~F~orm: ~'/ /~[~{~f 7 Attorne J~ar~es A. Ch~,e~"City Y 1 ATTEST: PALM BEACH COUNTY POLICE ~ ~ BENEVOLENT ASSOCIATION.~~'-~-~'. ~~_- ~'uzann¢~/I..Sc/ar~. orough~l~BA Attorney Ernest W. George, Pre'dent Date ratified by CITY ,2003 Date ratified by PBA ,2003 2 V.-CONSENT AGENDA ITEM C.12 CITY OF BOYNTON BEAC! AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must bc Tumcd Requested City Commission Date Final Form Must bc Tumcd Meeting Dates . in to City Clcrk's Office Mccting Dates in to City Clerk's Officc [] April 1, 2003 March 17, 2003 (Noon.) [] June 3, 2003 May 19, 2003 (Noon) [] April 15, 2003 March 31, 2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) [] May 6, 2003 April 14, 2003 (Noon) [] July 1, 2003 June 16, 2003 (Noon) [] May 20, 2003 May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Approval of Resolution releasing two cash bonds to Vitcar Consulting Co., Inc., for the project known as Medical Arts Professional Center, Ltd. EXPLANATION: On May 9, 2003, Vitcar Consulting Co., Inc., posted two cash bonds in the amounts of $5,500 and $2,080, which were posted to insure the removal of the hedge and installation of an irrigation well and pump, respectively. On June 3, 2003, the City Commission approved By Resolution R03-090, an Amendment to Declaration &Covenants and Restrictions for Alhambra Square, Waiver and Consent, allowing the ficus hedge to remain in place. The City Attorney requests that these bonds be released, subject to his receipt of a copy of the recorded Amendment to Declaration of Covenants and Restrictions for Alhambra Square, Waiver and Consent. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A Department Head's Signature e Department Name /y City Att~ey~ Finance / Human Resources S:~BULLETIN~ORMS'~AGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R03- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING A FULL RELEASE OF TWO CASH BONDS, IN THE AMOUNTS OF $5,500 AND $2,080.00 TO VITCAR CONSULTNG CO., INC. FOR THE PROJECT KNOWN AS THE MEDICAL ARTS PROFESSIONAL CENTER, LTD.; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on May 9, 2003, the developer of this parcel posted two cash bonds, one in the amount of $5,500.00 and one in the amount of $2,080.00, for the project known as Medical Arts Professional Center, Ltd., (Alhambra Square) which were posted to insure the removal of the hedge and installation of an irrigation well and pump, respectively; and WHEREAS, at the City Commission meeting on June 3, 2003, the Commission consented to an Amendment to Declaration of Covenants and Restrictions for Alhambra Square, Waiver and Consent, which would allow the titus hedge to remain in place; and WHEREAS, conditioned on the recordation in the public records of the Amendment to Declaration of Covenants and Restrictions, the City Commission deems it appropriate to authorize a full release of two (2) cash bonds, one in the amount of $5,500.00 and one in the amount of $2,080.00 to Vitcar Consulting Co., Inc., for the project known as Medical Arts Professional Center, Ltd. 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, C:~)ocuments and Settings\lamannar~aLocal Set~ngs\Temporary Inter'net Files\OLK2~Surety Release - Alhambra Medical Center.doc hereby approves the full release of two (2) cash bonds, one in the amount of $5,500.00 and one in the amount of $2,080, for the project known as Medical Arts Professional Center, Ltd., subject to receipt by the City Attorney of a recorded copy of the Amendment to Declaration of Covenants and Restrictions for Alhambra Square, Waiver and Consent, which Amendment was consented to by the City Commission at its meeting of June 3, 2003. Section 2. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this ~ day of June, 2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk (Corporate Seal) C:~)ocuments and Settings\lamannar~_~cal Settings\Temporary [ntemet Files\OLK2XSurety Release - Alhambra Medical Center.doc OFFICIAL CHECK F FIDELITY 9 7 2 0 6 ~" FEDERAL ~BANK ~TRUST ~c ~os ~.,.~ s~.. w~ ~= a~,. ~ ~o~ May 09, 2003 P~v "'~CU~D ~ ~D~u O0/Z~0..- S5,500.00 ~ GENERAL FUND NON NEGOTIABLE ~o. ~C~ CO~~o CO.. ~C. CUSTOMER COPY OFFICIAL CHECK 97206918.~ F FIDELITY FEDERAL BANK ~UST May 09, 2003 ZB3 Datum ~reel. Wcsl ~m B~h, ~orid~ ~2,080.10 THE C~ O~ ~~ )~o~ GENERAL FU~D OF DRAWER: FIOEU~ FEDERAL SANK & TRUST NON NEGOTIABLE ~ CONSU~G OD., ~C. CUSTOMER COPY V.-CONSENT AGENDA CITY OF BOYNTON BEACI ITEM E.1. AGENDA ITEM REQUEST FO Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] April 1, 2003 March 17, 2003 (Noon.) [] June 3, 2003 May 19, 2003 (Noon) [] April 15, 2003 March 31,2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) [] May 6, 2003 April 14, 2003 (Noon) [] July 1,2003 June 16, 2003 (Noon) [] May 20, 2003 May 5, 2003 (Noon) [] July IS, 2003 June 30, 2003 (Noon) ~ [] Administrative [] Legal --- NATURE OF [] Announcement [] New Business .~. AGENDA ITEM [] City Manager's Report [] Presentation "~ [] Consent Agenda [] Public Hearing c:~ [] Code Comoliance egalSettlement [] UnC shedBusiness RECOMMENDATION: Please place this request on the June 17, 2003 City Commission Agenda under Public Hearing. The Community Redevelopment Agency Board with a 3 to 2 vote, recommended that the subject request be denied. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 03-134. EXPLANATION: PROJECT: Boynton Hills (ZNCV 03-005) AGENT: John Shell, VP Construction OWNER: Habitat for Humanity LOCATION: NW 3ra Court DESCRIPTION: Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.D.2.a, requiring a minimum lot area of 7,500 square feet to allow a variance of 3,121 square feet, resulting in a lot area of 4,379 square feet within the R-1-A single family zoning district; and Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.D.2.a, requiring a twenty-five (25) foot front yard setback to allow a 5 foot variance, resulting in a 20 foot front yard setback within the R-1-A single family zoning district; and Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.D.2.a, requiring a twenty-five (25) foot rear yard setback to allow a 12.5 foot variance, resulting in a 12.5 foot rear yard setback within the R-1-A single family zoning district. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A~t,t ALTERNATIVE~~ N~ .'~N Develol~e~t D~pa"rtmen~D~ector City Manager's Signature ~ - - Plt{nnmg and Zon~ Dir[ctor City Attorney / Finance / Human Resources S:XPlanningXSHARED\WP~ROJECTS~Bosmton HillsXBoynton Hills Block A Lot 172 ZNCV 03-005XAgenda Item Request Boynton Hills ZNCV 03-005 6-17-03.dot DEVELOPMENT DEPARTMENT PLANN?NG AND ZON?NG DZVISZON MEMORANDUM NO. PZ 03-134 STAFF REPORT TO: Chairman and Members Community Redevelopment Agency and City Commission THRU: Michael W. Rumpf Planning and Zoning Director FROM: Maxime Ducoste-A. Planner DATE: June 2, 2003 PROJECT NAME/NO: Boynton Hills N.W. 3rd Court/ZNCV 03-005 REQUEST: Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.D.2.a, requiring a minimum lot area of 7,500 square feet to allow a variance of 3,12! square feet, resulting in a lot area of 4,379 square feet within the R-I-A single family zoning district; and Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.D.2.a, requiring a twenty-five (25) foot front yard setback to allow a 5 foot variance, resulting in a 20 foot front yard setback within the R-I-A single family zoning district; and Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.D.2.a, requiring a twenty-five (25) foot rear yard setback to allow a 12.5 foot variance, resulting in a 12.5 foot rear yard setback within the R-1-A single family zoning district. PRO3ECT DESCR'~P'I'~ON Property Owner: Habitat for Humanity Applicant/Agent: John Shelly-VP Construction Location: N.W. 3rd Court Existing Land Use/Zoning: Low Density Residential (LDR)/R-I-A Proposed Land Use/Zoning: No changes are proposed Proposed Use: Single-family house Acreage: 0.~0 Acre (4,379 square feet) Adjacent Uses: Staff Report Memorandum No PZ-03-134 Page 2 North: A single-family house zoned R-l-A, single family residential district; South: N.W. 3rd Court right-of-way, and farther south a single-family house zoned R-l-A, single family residential district; East: A single-family house zoned R-l-A, single family residential district; and West: A single-family house zoned R-l-A, single family residential district. BACKGROUND The subject property is vacant and located within the Boynton Hills subdivision. It is currently zoned R-:l-A, single-family residential dwelling district (see Exhibit "A" - Location Map). The lot is currently vacant and remains as originally platted. The Boynton Hills subdivision was platted in 1925. Contrary to the gridiron pattern used in the development of most American towns, this subdivision used the radial scheme and diagonal avenues over the grid (see Exhibit "B" - Boynton Hills Subdivision). This design created many irregularly-shaped and substandard lots by current regulations. The majority of the subdivision is developed including a large portion of the original substandard lots. The subject vacant parcel (Lot :172) has a frontage of 62 feet and a total area of 4,379 square feet. It is a non-conforming lot because it does not meet the R-I-A district regulations. In this case, Section ll.i.C., Non-conforming regulations is not applicable since the parcel is less than 5,000 square feet in area. Mr..lohn Shelly, applicant for Habitat for Humanity, is requesting the above-referenced variances to construct a single-family residence on a substandard lot (see Exhibit "C"- Proposed Building and Site Plan). It should be noted that the R-I-A zoning district allows development of a single-family residence. The minimum requirements to build a single-family dwelling in the R-1-A zoning district are as follow (Chapter 2, Zoning, Section 5. D.2.a.): · Lot area: 7,500 square feet · Lot frontage: 60 feet · Front setback: 25 feet; · Rear setback: 25 feet; · Side setbacks: 7 1/2 feet. The applicant is proposing the following lot characteristics and setbacks: · Lot area: 4,379 square feet; · Lot frontage: 62 feet; · Front setback: 20 feet; · Rear setback: 12 1/2 feet; · Side setbacks: 7 1/2 feet. ANALYSTS The code states that the zoning code variance cannot be approved unless the board finds the following: a. That spec/a/conditions and circumstances ex/st which are peculiar to the/and, structure, or building involved and which are not applicable to other/ands, structures or buildings in the same zoning Staff Report Memorandum No PZ-03-134 Page 3 d/strict. b. That the spec/a/conditions and circumstances do not result from the actions of the applicant. c. That granting the variance requested w/Ii not confer on the applicant any special privilege that is den/ed by this ordinance to other/ands, buildings, or structures in the same zoning district. d. That literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the ordinance and would work unnecessary and undue hardship on the applicant. e. That the variance granted is the m/n/mum variance that w/ii make possible the reasonable use of the /and, building, or structure. f. That the grant of the variance w/ii be in harmony w/th the genera/intent and purpose of this chapter [ordinance] and that such variance w/Ii not be injurious to the area involved or otherwise detrimental to the public we/fare. Staff reviewed the requested variance focusing on the applicant's response to the above criteria contained in Exhibit "D". Indeed, this non conforming circumstance is a result of the subdivision being platted in 1.925 according to less stringent standards, and following the aesthetic approach of the City Beautiful movement. In 1_975, the City adopted new zoning regulations, which caused many parcels to become legally non- conforming, including those in the Boynton Hills Subdivision Plat. Staff verified by site visit that the substandard conditions exists, and that a large number of parcels have been developed with single-family homes. Also, regardless of what allowable use is proposed for Lot 172, unless assembled with adjacent property, variances for lot area, front and rear setbacks would be required, as the minimum needed to make possible the reasonable use of the land. Staff concurs with the applicant that special conditions and circumstances exist, related to lot depth, that are not the result of actions by the applicant, therefore satisfying criteria "a"and "b"above. It should be noted that the construction of a home on the subject lot, within the minimum setbacks would not likely meet the minimum living area requirement. Staff also concurs with the applicant that the approval of the variances will not confer any special privileges. There are several substandard parcels within the area, similarly zoned, which were also the subject of variance approvals in conjunction with the development of single-family homes. For example, a single-family home exists on the adjacent lot to the north (lot 173) with approximately a 1_5-foot rear setback, as estimated by the straight alignment of the rear building line. Therefore, denial of this variance request would deprive the applicant of the rights already enjoyed by others. Therefore, criteria "c"and "d"are satisfied. With respect to criterion "e'; which considers if the request is the minimum necessary to make possible the reasonable use of the property, a unit design has been selected. Regardless of the building configuration on the lot, any single-family dwelling that would meet the minimum living area standard would still encroach into the front and rear setbacks. Originally, the applicant proposed a layout that would meet the 25-foot front yard setback, but would have reduced the rear yard setback to 7 1/2 feet, resulting in placing the building close to the neighboring property to the north. Staff consulted with the applicant regarding options for developing the site. Staff realized with the applicant that by moving the proposed structure to 20 feet from the front property line, the rear yard setback would increase from 7 1/2 feet to 12 1/2 feet. This scenario would increase the back yard and would provide greater privacy between the subject property and the abutting parcel to the north. Therefore, the impact on the adjacent properly can be reduced to a minimum while preserving the streetscape on $.W. 3rd Court. As such, Staff Report Memorandum No PZ-03-134 Page 4 this proposed application represents the minimum variance required in achieving the reasonable use of the land. In addition, it should be noted that the lots located to the north, east and northwest of the subject property are developed, thereby preventing further land assemblage to create a lot sufficient in size to comply with the minimum lot standards. Lastly, staff finds that granting the variances will not be injurious to the area or detrimental to the public welfare. On the contrary, the proposed improvement will be consistent with existing characteristics of the neighborhood including lot sizes, lot frontages, house sizes and styles. RECOM MEN DATZO N Based on the analysis contained herein, staff finds that a "hardship" exists. This request will not be injurious to the area or detrimental to the public welfare; the variances requested are the minimum necessary to make possible the reasonable use of the land. Staff also concludes that the approval of the requested variances will enhance the community by supporting new infill housing development in the neighborhood. Therefore, staff recommends that the requested variances be approved, thereby granting relief from the Land Development Regulations, Chapter 2-Zoning to allow: 1) A 3,121 square feet reduction from the required minimum lot area of 7,500 square feet to allow a lot area of 4,379 square feet; 2) A 5-foot reduction from the twenty-five (25) foot front yard setback required by code to allow a 20-foot front yard setback; and 3) A 12.5-foot reduction from the twenty-five (25) foot rear yard setback required by code to allow a 12.5- foot rear yard setback. No conditions of approval are recommended; however, any conditions of approval added by the Community Redevelopment Agency Board or the City Commission will be placed in the Exhibit "E" - conditions of approval. MWR/MD S:\Planning\SHARED\WP\PRO.1ECTS\Boynton Hills\Boynton Hills Block A Lot: 172 ZNCV 03-005\STAFF REP.doc Location Map EXHIBIT"A" Boynton Hills NW 3rd Court ZNCV 03-005 BOYNTON BEACH BLVD Nfl ~ SI EXHIBIT "C" · ~ EXHIBIT "C" .~, :~ROPOSED BUILDING EXHIBIT "D" Statement of Special Conditions Variance Request by Habitat for Humanity for NE 3rd Ct. 03/31/03 We are requesting ~variance of the rear setback from 25' to 10' and lot area to 4379 sq. f~. for this irregular lot in order to accommodate the construction of affordable housing in Boynton Beach. A. This lot was given to us by the city but is un-buildable even under the Non-Conforming lot rules. B. The lot would be unbuildable without a variance due to surrounding property restrictions not caused by the applicant. C. This problem is common in this neighborhood. Granting the variance would allow us the privilege of building a SFR enjoyed by current residences. D. See B above. Affordable housing builders need to have this type of variance to obtain infill lots and keep the prices affordable. E. This variance will allow Habitat for Humanity to build much needed affordable housing. F. It is a recognized fact that Habitat homes and home owners upgrade the neighborhoods in which we build, reduce crime, and add to the tax base of the community For these reasons we feel it is in the community' s best interest to grant the variance to facilitate affordable housing. EXHIBIT "E" Conditions of Approval Project name: Boynton Hills NW 3a Street (Habitat for Humanity) File number: ZNCV 03-005 Reference: DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Cornmcnts: None X PARKS AND RECREATION Commen~s: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: None X ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. S:LPlanning\SHARED\WPLPROJECTS~Boynton Hills~Boynton Hills Block A Lot 172 ZNCV 03-005\COA.doc S:\Planning\Planning Templates\Condition of Approval 2 page -P&D ORA 2003 form.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME · Boynton Hills NW 3rd Court Block A, Lot 172 - Habitat for Humanity APPLICANT'S AGENT: John Shelly- VP Construction APPLICANT'S ADDRESS: 2200 NW 2nd Avenue, Suite 209 Boca Raton, FL 33431 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: June 17, 2003 TYPE OF RELIEF SOUGHT: Three (3) zoning code variances from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.D.2.a, for reduction of the minimum lot area to 4,379 square feet, the minimum front yard setback to 20 feet and rear yard setback to 12 ¼ feet. LOCATION OF PROPERTY: Boynton Hills Lot 172 Block "A", NW 3rd Court, Boynton Beach, FL. DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. 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 X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. 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. 6. 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:\Planning\SHARED\WI~PROJECTS\Boynton Hills\Boynton Hills Block A Lot 172 ZNCV 03-O05~DO.doc V.-CONSENT AGENDA CITY OF BOYNTON BEAC ITEM F AGENDA ITEM REQUEST FOt v, ....... 03 JiJN-3 3:58 Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned in Meeting Dates . in to City Cleric's Office Meeting Dates to City Clerk's Office [] April 1, 2003 March 17, 2003 (Noon.) [] June 3, 2003 May 19, 2003 (Noon) [] April 15, 2003 March 31, 2003 (Noun) [] June 17, 2003 June 2, 2003 (Noon) [] May 6, 2003 April 14, 2003 (Noon) [] July 1, 2003 June 16, 2003 (Noon) [] May 20, 2003 May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Approve negotiated renewal premium for 2003-2004 Health Insurance coverage with Blue Cross/Blue Shield of Florida for the same cost as 2002-2003 (no premium increase). This renewal rate was reached after negotiating from an original renewal proposal of +5%. EXPLANATION: This is the annual renewal of the employee health insurance plan. This recommendation was reached after discussion with the City's Insurance Committee (Exhibit D), investigating a potential consortium with twelve other agencies (Exhibit C), Survey data showing the scope and value of the City's present benefits (Exhibit B) and negotiations with the present provider, Blue Cross and Blue Shield of Florida (Exhibit A). PROGRAM IMPACT: All full time employees are eligible to participate in one of the City's two health plans, both sponsored by Blue Cross and Blue Shield of Florida. The City pays the full premium for the employee; the employee pays the full premium for any dependents they cover. This agenda item addresses only the City's cost for covering the currently eligible 827 employees. The final contract will be submitted to the Commission for approval before the effective date of October 1, 2003. FISCAL IMPACT: City's cost: $3,342,006/yr for all employee coverage ($4041.12/per employee per year) $ 231,604/yr for Pooling Charge to eliminate extremely large claims from si~tmificantly affecting our experience ($125,000 stop loss point) See Exhibit A The consultants who provide comprehensive support to City staff are paid 2% of the annual premium through the provider, not from a City line item. Their services include negotiating the contract, conducting detailed review, analysis and projections at key points throughout the year, resolviag enrollment and billing problems for individuals, conducting informational meetings for employees, assisting with annual open enrollment processes and other support services. SABULLETIN~ORMS~.GENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENI)A ITEM REQUEST FORM ALTERNATIVES: Go out to bid (the respondents would probably be the same as for the Consortium) Decrease the benefits in the current plans resulting in lower preminm~ Split the blended rates in our currem plans into separate rates for PPO and HMO requiring PPO participants to pay a portion of their individual premium Consider a voucher plan and eliminate a City sponsored plan / DeI~trt~nt Name City Attorney / Finance / Human Resources S:\BULLET1NWORMS~.GENDA ITEM REQUEST FORM. DOC EXHIBIT C SOUTH FLORIDA GOVERNMENTAL RISK MANAGEMENT CONSORTIUM · The City investigated possible membership in this consortium that was initiated by a group of Risk Managers from vadous cities. After some discussion, the odginal group from Dade, Broward and Palm Beach counties decreased to twelve entities that were interested in pursuing this self-insured pool arrangement. The consultants, Marsh Group, were retained to develop a proposal and solicit proposals from interested providers. The Palm Beach agencies participating in the process were Boynton Beach, Atlantis and Guffstream. All others were from Dade and Broward counties, which have higher overall medical costs. Marsh originally estimated that they could save the participants from 10% - 15% over their last year's costs. When the two proposals (out of 11) were received and analyzed, the City's cost for using either of those providers would be approximately 6.3% over our past year's premiums. EXHIBIT D INSURANCE COMMITTEE MEMBERS The insurance committee includes representatives from each of the bargaining units as well as general employees and was created to develop a more informed employee base as it relates to the City's benefits; The committee receives information from vadous sources including consultants and providers and discusses with each other and with their constituents how the coverage and the costs for these plans affect the health, well-being and morale of the City's employees. The committee then makes a recommendation to management on actions they believe would be appropriate, acceptable and affordable for all employees. Arthur Lee, Director Human Resources Carol Cheek, Benefits Administrator Chuck Magazine, Risk Manager Barbara Feeney, White Collar Cindy Lawson, White Collar Richard Stone, Blue Collar Mike Fitzpatrick, I^FF Gary Chapman, PBA Sergeants Chds Yannuzzi, PBA Lieutenants Nancy Aspenleiter, PBA Officers V.-CONSENT AGENDA ITEH G. CITY OF BOYNTON BEAC AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meetin~ Dates' in to City Clerk's Office Meetimt Dates in to CiW Clerk's Office [] April 1, 2003 March 17, 2003 (Noon.) [] June 3, 2003 May 19, 2003 (Noon) [] April 15, 2003 March 31, 2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) [] May 6, 2003 April 14, 2003 (Noon) [] July 1, 2003 June 16, 2003 (Noon) [] May20,2003 May5,2003(Noon) [] Julyl5,2003 June30,2003(Noon)r~-O -..~'~ [] Administrative [] Legal NATURE OF [] Announcement [] New Business "0 AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfinished Business O'~ RECOMMENDATION: Motion to authorize the Mayor and City Clerk to sign the proposed record plat titled BOYNTON BEACH WOOLBRIGHT PARCEL on behalf of the city as the dedicator of the plat. EXPLANATION: The rezoning and replatting of the Woolbright Road property is a time sensitive issue in order to allow for the planning, design and construction of a new Fire Station #2 on the site. A public hearing on the relocation of the f'~re station was held at the last City Commission meeting, to wit, on June 3, 2003. A survey of the site has been completed and the proposed record plat is in preparation to accommodate the zoning change and land use. PROGRAM IMPACT: Delay in utilizing the site for public usage. FISCAL IMPACT: None. ALTERNATIVES: Continue seeking alternative site for the f'ute stati, ota. Department Name City Attorney / Finance / Human Resources S:~BULLETINXFORMSLa. GENDA ITEM REQUEST FORM.DOC Requested City Comm/ssion ~. Date F/hal Form Must be Turned [] April 1, 2003 ~ Requested City Commission ~ Date Final Form Must be Turned [] April I5, 2003 March 17, 2003 (Noon.) [] June 3, 2003 March 3 I, 2003 (Noon) May 19, 2003 (Noon) [] May 6, 2003 ~] June 17, 2003 June 2, 2003 (Noon) April 14, 2003 (Noon) [] July 1, 2003 [] May 20, 2003 May 5, 2003 (Noon) [] July 15, 2003 June 16, 2003 (Noon) June 30, 2003 (Noon) NATURE OF [] Administrative AGENDA ITEM [] Announcement [] Legal [] City Manager's Report [] New Business [] Consent Agenda [] Presentation ~ Code Compliance/Legal Settlements [] Public Hearing DEFENSE COUNSEL: Barry Dubinsky, Esq. Michael Burke, Esq., Johnson Anselmo Murdoch Burke & George, P.A. RECOMMENDATION: Motion to pay settlement from court ordered mediation in the amount of $6,900. EXPLANATION: On September $, 2001, the plaintiff was walking along the sidewalk and tripped on a raised section of City-owned and malmained sidewalk in front of 2009 SW 18z Street, Boymon Beach. Plaintiff sustained a displaced intra~ articulox distal fracture of thc radius of thc left wrist. Medical expenses incurred were in excess of $fi,000. Initial demand pre-suit was $95,000. Initial demand at mediation was $25,000. PROGRAM IMPACT: Litigation settlements and judgments of this nature arc par~ of the ongoing responsibilities of the Risk Management Depanxnem. FISCAL IMPACT: Settlement will be charged to thc Risk Management Depax~rncm budget expenses. ALTERNATIVES: Failure to approve se~ement will result in claim being litigated. Value of this case at trial is estimated at mated at $15,000~ ?/ MANAGEMENT Department Name ~ CJM/Claimg//B andieramonteC01 .dot S:~BULLETINSFORMS~GENDA ITEM REQUEST FORM.DOC The City of Boynton Beach, Florida RISK MANAGEMENT DEPARTMENT Kurt Bressner TO: City Manager Wilfred Hawkins THRU: Assistant City Manager FROM: Charles L Magazine Risk Manager DATE: 3une 2, 2003andieramonte v. City of Boynton Beach ~ . Christine B _. ~ ~,,tei~2~, ~~t°'' ..... . h,d~einent ~UBYECT. n~ gettlement .-.. o--o Dtea ot~o,~' ~-~e: X_. Settlemem --- - - iR~St~eMaabnoa?;~ae~r~aOnnmmdnds the City Comrmsmon rainy ,,,'- Expenses. $i0,000 $ 20,000 ~: Indemnity: Final: $ 16,500 $ 95,000 De~.~_~_.~nd: Original: Final: $ 6,900 SETTLEMENT: $ 6,900.00 · x - . Pa 'm''''t by the City is not to be cons~ .... ~, corn rom~e oj " ~ ~ · '' oran damages o. ~. Th~ se~leme~ ~ the . P_~ u.b~im ~~ damago o, ~n~. any way, as an ~m~swn oj ,~ -~ Current Legal Fees: $ 5 048 Current Adj~tment Fe~: $ W NOT SETTLED ~ojec~a Ju~ Verdict: $ 20-30,~ $ ~,~ Current Legal Fees: ~ NARRAT secUon l~/'E~' ' C_ASE -' On September 5, 2001, the plaintiff was walking along the sidewalk and tripped on a raised of City-owned and maintained sidewalk in front of 2009 SW 15th Street, Boynton Beach. plaintiff wrist. Medical expenses Initial demand at mediation sustained a displaced intra-articular distal fracture of the radius of the left incurred were in excess of $6,000. Initial demand pre-suit was $95,000. was $25,000. Cj m/Claimgl/Bandieram°uteC02 .doc VI.-CODE - LEGAL SE'I-I'LEf4ENT CITY OF BOYNTON BEA ITEM A. AGENDA ITEM REQUEST Iiu uv Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates- in to City Clerk's Office Meetin~ Dates in to City Clerk's Office [] April 1, 2003 March 17, 2003 (Noon.) [] June 3, 2003 May 19, 2003 (Noon) [] April 15, 2003 March 31, 2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) [] May 6, 2003 April 14, 2003 (Noon) [] July 1, 2003 June 16, 2003 (Noon) [] May 20, 2003 May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfinished Business Christina Bandieramonte v. City of Boynton Beach PLAINTIFF COUNSEL: Barry Dubinsky, Esq. DEFENSE COUNSEL: Michael Burke, Esq., Johnson Anselmo Murdoch Burke & George, P.A. RECOMMENDATION: Motion to pay settlement from court ordered mediation in the amount of $6,900. EXPLANATION: On September 5, 2001, the plaintiff was walking along the sidewalk and tripped on a raised section of City-owned and maintained sidewalk in front of 2009 SW 18t~ Street, Boynton Beach. Plaintiff sustained a displaced intra- articular distal fracture of the radius of the left wrist. Medical expenses incurred were in excess of $6,000. Initial demand pre-suit was $95,000. Initial demand at mediation was $25,000. PROGRAM IMPACT: Litigation settlements and judgments of this nature are part of the ongoing responsibilities of the Risk Management Department. FISCAL IMPACT: Settlement will be charged to the Risk Management Department budget expenses. ALTERNATIVES: Failure to approve settlement will result in claim being litigated. Value of this case at trial is estimated at $20-30,000. Additional defense trial legal costs are estimated at $15,000. - ~/D~art~nt Hea~d~Si~natare ' ~'~ ~;~~' -'iy anagersSignature /! RISK MANAGEMENT Department Name J' City Attorn~ Finance / Human Resources CJM/Claimgl/B andieramonteC01 .dot S:~BULLET1N~ORMSkAGENDA ITEM REQUEST FORM.DOC The City of Boynton Beach, Florida RISK MANAGEMENT DEPARTMENT COMMISSION AGENDA MEMORANDUM TO: Kurt Bressner City Manager THRU: Wilfred Hawkins Assistant City Manager FROM: Charles J. Magazine Risk Manager DATE: June 2, 2003 SUBJECT: Christine Bandieramonte v. City of Boynton Beach Date of Loss: Se[~tember 5, 2001 Risk Management recommends the City Commission ratify the: X Settlement __ Judgement in the above stated manner. RESERVES: Indemnity: $ 20,000 Expenses: $ 10,000 Demand: Original: $ 95,000 Final: $ 16,500 Offer: Original: $ 1,200 Final: $ 6,900 x SETTLEMENT: $ 6,900.00 I NOTE: This settlement is the compromise of a claim for damages. Payment by the City is not to be construed, in any way, as an admission of llnhility or responsibility for any damages or injuries resulting therefrom. Current Adjustment Fees: $ Current Legal Fees: $ 5,048 IF NOT SETTLED Projected Legal Fees: $ I5,000 Projected Jury VerdiCt: $ 20-30,000 _ JUDGEMENT: $ - Current Adjustment Fees: $ - Current Legal Fees: $ - CASE NARRATIVE: On September 5, 2001, the plaintiff was walking along the sidewalk and tripped on a raised section of City-owned and maintained sidewalk in front of 2009 SW 18th Street, Boynton Beach. Plaintiff sustained a displaced intra-articular distal fracture of the radius of the left wrist. Medical expenses incurred were in exc. ess of $6,000. Initial demand pre-suit was $95,000. Initial demand at mediation was $25,000. Cj m/Claimgl/BandieramonteC02.doc , IN THE CIF~;UIT COURT OF THE ~'~,~,~ '~' F/~,~,I A' ~ JUDICIAL CJRCUITo IN AND FOR " COUNTY, FLORIDA CASE NU~: Cg~Z - ~//~ , MEMO~NDUMOFSE~LEMENT Ik ~Sg~-~ ~w/'Y THIS CAUSE. having ~en submi~e~ to mediation before ~b~ M~iator. u~n OrQer of · e aDove-~ Cou, an~or stipulation De~n ~e ~es., is hereby ~pulat~ an~ agr~ be~een sai~ ~es ~at se~em~t has b~n r~ch~ as follows: ~, ~..// , ~ &- ~~ ~',-~,-/~% DAED Pl~in~ Defendanl BARRY A. DUBINSKY, ESQUIRE COMMERCIAL BANK PLAZA ADMITTED TO: 1999 .UNIVERSITY DRIVE ALL FLORIDA COURTS SUITE ,0,02 ' COR~,L SPRINGS. FL~RIoA 3307 I "' UNITED STATES TELEPHONE~ (954) 34~-6484 COURT OF APPEALS TELECOPIER (954) .345-8793 I I?. CIRCUIT UNITED STATES May 23, 2003 DISTelCT COURT MIDDLE AND SOUTHERN E)ISTRICTS OF' FLORIDA Michael T. Burke Johnson, Anselmo, Murdoch, Burke & George Post Office Box 030220 Fort Lauderdale, Florida 33303-0220 Tel (954) 463-0100 Fax (954) 463-2444 Re: Christina Bandieramonte v City of Boynton Beach Dear Mr. Burke: My client has authorized me to accept the offer set forth at mediation. Kindly forward the appropriate release and $ 6,500.00 settlement check along with the $ 400.00 cost check to my office. Thank you for your kind attention. Very truly yours, VIII.-PUBLIC HEARING CITY OF BOYNTON BEACE ITEM A. AGENDA ITEM REQUEST FOI vi Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates _' in to City Clerk's Office Meeting Dates in to City Clerk's Office [] April 1, 2003 March 17, 2003 (Noon.) [] June 3, 2003 May 19, 2003 (Noon) [] April 15, 2003 March 31, 2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) [] May 6, 2003 April 14, 2003 (Noon) [] July 1,2003 June 16, 2003 (Noon) [] May 20, 2003 May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the June 17, 2003 agenda under Public Hearing, which was tabled at the May 20t~ meeting. Staff has received a letter from a representative of the property owner that endorses the application, authorizes the applicant (Mr. Randy Grinter) to represent the application, and specifically states that all previous letters to the city are superceded. For fiu-ther details pertaining to the request, see attached Department of Development Memorandum No. PZ 03-113. EXPLANATION: PROJECT: Club Ovation (COUS 03-002) AGENT: Randy Grmter OWNER: Randy Grmter, Tommy Pauletti, Tommy Kansler LOCATION: 3637 South Federal Highway DESCRIPTION: Request for Conditional Use approval to allow athletic competitions in a C-3 zoning district. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A ~ ~ - Planning and Z~mg Director City Attorney / Finance / Human Resources S:Wlanning\SHARED\WP~PROJECTS\Club Ovation (fka The Grand, Ozone, Orbit)~Agenda Item Request Club Ovation COUS 03-002 6-17-03.dot S:q3ULLETINWORMS~GENDA ITEM REQUEST FORM.DOC ~ : r PHISDE NO. : Zl~7~27cJ?~59 Sun. 0~ 21~3 1~:5 .P? P02 DEPARTMENT OF DEVELOPMENT MEMORANDUM NO. PZ 03-113 TO: Chairman and Members Community Redevelopment Agency Board FROM: Michael Rumpf Director of Planning and Zoning DATE: May 6, 2003 SUBJECT: Club Ovation (f.k.a. The Grand)- COUS 03-002 Conditional Use Approval - Athletic Competitions PROPOSAL SUMMARY Contained herein is a description of the subject request. The applicant is requesting conditional use approval for "athletic competitions" at 3637 South Federal Highway (see Exhibit "A"). The proposed use wOuld be located in a 22,672 square foot bay at the northwest corner of the Gulfstream Mall. This bay was previously occupied by a Winn-Dixie grocery store and then in October of 2000, conditional use approval was granted to former tenants to operate a nightclub under the name "Ozone". Due to the lack of code provisions at that time, "Nightclubs" were added to the C-3, Community Commercial zoning district, as a conditional use. The subject request is in connection with the pending amendment to the city's Land Development Regulations, Chapter 2. Zoning, Section 6.C.1. This code amendment, scheduled for adoption on May 20, 2003, is intended to create separate use categories for indoor and outdoor recreation, and specifically add new indoor uses as described below: m. Recreational facilities: i. Indoor recreational facilities, inctudinq nightclubs*, bowling alleys, billiard halls, health clubs/clYmnasiums, shooting ranges (indoor only), skating rinks, and amusement arcades. Bars/lounqes, musical entertainment and athletic competitions* shall also be accessory to the principal uses described in this section. Indoor recreation facilities other than those which are listed above shall be conditional uses(*). The use "athletic competitions" is new to the City's zoning code, and therefore must be defined. In addition, Staff has found that other terms used in this amendment are not included in the zoning code and therefore, must also be defined within the Land Development Regulations, Chapter 1, Article II. De~Tn/&'on$. The definition for "athletic competitions" is currently being proposed as follows: ATHLETIC COI'qPE-F1T[ONS - Amateur and orofessional events to include but not be limited to boxinq, cheerleading, dance, gymnastics, martial arts, and wrestlinq. Club Ovation - COUS 03-002 Page 2 Of all the uses listed in the definition for "Athletic Competitions", the principal purpose of this request by the applicant is to obtain approval for boxing competitions. If granted, any use listed above in the definition for "Athletic Competitions" would be allowed under the conditional use approval. Also, this COrresponding code amendment is a prerequisite to approval of the subject application. Applicant/Agent: Randy Grinter for Club Ovation Inc. Project name: Club Ovation General description: Conditional use approval for athletic competitions at Club Ovation nightclub within the Gulfstream Mall Properly size: Total Site: 8.303 acres/31,678 square feet Land use: Local Retail Commercial (LRC) Current Zoning: Community Commercial C-3 Proposed Zoning: Community Commercial C-3 Location: Gulfstream Mall, 3637 S. Federal Highway North of Gulfstream Boulevard between Old Dixie Highway and Federal Highway/US 1. Building area: 22,672 square foot existing bay (See Exhibit "B"). Surrounding land uses and zoning: North - Paint and body shop, zoned C-4 and a self -storage facility, zoned C-3/C-4; South -Gulfstream Boulevard and farther south, a Dunkin Donut shop and an office building, zoned C-3; East - U.S. 1 and farther east, vacant property in the Town of Gulfstream, zoned Outdoor Recreation - OR; West - Old Dixie Highway right-of-way, F.E.C. railroad tracks and farther west unincorporated vacant land zoned RS - Residential Single-Family. STANDARDS FOR EVALUATING CONDITIONAL USES AND ANALYSIS Section 11.2.D of the Land Development Regulations contains the following standards to which conditional uses are required to conform. Following each of these standards is the Planning and Zoning Division's evaluation of the application as it pertains to standards. Club Ovation - COUS 03-002 Page 3 The Community Redevelopment Agency Board and City Commission shall consider only such conditional uses as are authorized under the terms of these zoning regulations and, in connection therewith, may grant conditional uses absolutely or conditioned upon the conditions including, but not limited' to, the dedication of property for streets, alleys, recreation space and sidewalks, as shall be determined necessary for the protection of the surrounding area and the citizens' general welfare, or deny conditional uses when not in harmony with the intent and purpose of this section. In evaluating an application for conditional use, the Board and Commission shall consider the effect of the proposed use on the general health, safety and welfare of the community and make written findings certifying that satisfactory provisions have been made concerning the following standards, where applicable: 1. Ingress and egress to the subject property and proposed structures thereon, with particular reference to automobile and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. Adequate access exists on site. The Gulfstream Mall has access from: Federal Highway, two driveways; Gulfstream Boulevard, two driveways and Old Dixie Highway, one driveway that provides access to the back of the marl buildings along the north and west sides of the property. 2. Off-street parking and loading areas where required, with particular attention to the items in subsection 1 above, and the economic, glare, noise, and odor effects the conditional use will have on adjacent and nearby properties, and the city as a whole. Required parking for the Gulfstream Marl as a shopping center use is calculated at one space for every 200 square feet of gross leasable floor area. The parking requirement for shopping centers takes into consideration a variety of uses and is intended to be an average of parking requirements for these uses. Total square footage for the Gulfstream Marl is shown as 74,290 square feet requiring a minimum of 372 parking spaces. However, given the potential or likelihood for the nightclub to attract patrons that would exceed the total, or its share of the parking supply, staff, during the review of the previous request for nightclub approval, recommended that the nightclub tenant space be reviewed separately under the more restrictive (place of assembly) ratio of 1 space per every 100 square feel This hybrid parking methodology (combining the assembly ratio of 1 space/lO0 square feet with the shopping center ratio of 1 space/200 square feet) generated the need for 487spaces (possibly miscalculated and documented at 484 spaces in the previous staff analysis). As there were a total of 440 spaces at that time, this represented an increase of 47 spaces. This original condition of approval was satisfied through permit number 02-1237, which ultimately increased total parking spaces by 49, or to a total of 489. This parking ratio for the nightclub is the same ratio applicable to a sporting event or other assembly use. This proposed use, along with the existing nightclub, would operate after 7:00 p.m.. Most of the businesses in the marl operate during daytime hours except for two small restaurants, which may serve until approximately 10:00 PM. Staff has conducted field checks of the Gulfstream Marl on previous occasions during daytime hours to observe Club Ovation - COUS 03-002 Page 4 that .the parking lot was approximately 15 percent occupied. Given that the club and competition events will not operate simultaneously, will operate in the evening when other business are closed, will represent a reduction in overall capacity of the building when retrofitted with: a boxing arena and fixed seating arrangement, and given the apparent under utilization of the existing parking spaces, there is, theoretically sufficient space to serve the proposed use. However, similar to peak shopping periods that typically cause parking shortages, such special events such as a concert with a popular band or a Golden Gloves boxing tournament could attract patrons which would exceed the capacity of the shopping center. Although not tabulated within this analysis, there exists an estimated 30 to 40 additional on-street parking spaces, and several handicap-accessible spaces, located along the north and south sides of US-l, south of Gulfstream Boulevard, within one-half mile from the subject property. It is reasonable to assume that an event that would attract "capacity" crowds would include involve willing to walk the one-quarter to one-half mile distance if necessary. However, since the on-site and off-site parking resources would not accommodate crowds estimated based on fire-rated building capacity (approximately 2,000), to accommodate crowds anticipated with any future major event, the applicant should consider parking strategies to include other off-site resources.. 3. Refuse and service areas, with particular reference to the items in subsection 1 and 2 above. Refuse will continue to be removed on the standa'rd schedule established for the Gulfstream Mall shopping center. Although it is not anticipated that waste will be significantly increased if athletic competitions are held at this location, any increase would be reviewed at that time for needed additional services. 4. Utilities, with reference to locations, availability, and compatibility. It is not anticipated that additional utility services will be required for the proposed use, above that installed as part of the previous approval for a nightclub. 5. Screening, buffering and landscaping with reference to type, dimensions, and character. No new site improvements are required to support the additional indoor competitions use. 6. Signs, and proposed exterior lighting, with reference to glare, traffic safety, economic effect, and compatibility and harmony with adjacent and nearby properties. The shopping center parking lot contains lighting. No new lighting is proposed. The signage for the previous nightclub business has been removed leaving the existing nightclub currently without any building or site signage. The only signage is provided above the several front doors that identify the correct door to use depending on ticket status. No new signs have been submitted as part of this conditional use application. Club Ovation - COUS 03-002 Page 5 New signage for this tenant must meet code and be compatible with the other signage in the shopping center. A building permit is required for new signage. 7. Required setbacks and other open spaces. The proposed use does not affect setbacks or open space requirements. 8. General compatibility with adjacent property and other property in the zoning district. When the previous conditional use application was reviewed, the subject tenant space was not compatible with the remainder of the shopping center. The front of the bay was painted a deep blue and the west wall, visible only from QId Dixie Highway, was painted deep red. Subsequently, the entire shopping center was uniformly repainted two yellow or' orange color tones. 9. Height of building and structures, with reference to compatibility and harmony to adjacent and nearby properties, and the city as a whole. The Gulfstream Mall is an existing building that meets the code requirements for the C-3 Commercial zoning district. 10. Economic effects on adjacent and nearby properties, and the city as a whole. Prior to the previous approval for a nightclub, this space remained vacant following the closing of the principal tenant, a Winn Dixie grocery store. The tenant space for the subject nightclub represents approximately 30 percent of the gross leasable space in the shopping center. Qbviously, the continued operation of a use in this space will have a positive economic impact on the viability of the Gulfstream Mall. The restaurants in the shopping center may benefit from increased patronage attributed to people attending athletic competitions; however, the ultimate size of the competitions held will determine the real and overall economic or fiscal benefits to the area and the city. As for whether an event could be held that is construed as undesirable by the city, the definition for "athletic competitions" is broad and could allow events that are principally more for entertainment purposes than for competition purposes. Such uses could include "tough-man" or other contests which are more typical to the bar or nightclub environment than an athletic or Olympic arena. In response to this uncertainty, staff recommends that this approval be limited to official sports which are sanctioned or ruled by an official regulatory authority, or be a recognized coflegiate or Qlympic activity. This would exclude those events primarily promoted for entertainment purposes and which are typically associated with a nightclub or bar venue (see conditions of approval). This would also require that other competitions excluded herein would require additional conditional use approval, or and review on a case-by-case basis. 11. Conformance to the standards and requirements that apply to site plans, as set forth in City of Boynton Beach Land Development Regulations, Chapter 4 Site Plan Review. Club Ovation - COUS 03-002 Page 6 With incorporation of staff comments, the proposed project will comply with all requirements of applicable sections of city code. 12. Compliance with, and abatement of nuisances and hazards in accordance with the pedormance standards within Section 4 of the zoning regulations; also, conformance to the City of Boynton Beach Noise Control Ordinance With incorporation of all conditions contained herein, the use would operate in a manner that is in compliance with the above-referenced codes and ordinances of the City of Boynton Beach. RECOMMENDATION Based on the analysis documented herein, staff recommends approval of this conditional use request subject to the comments listed in Exhibit C - Conditions of Approval. Furthermore, pursuant to Chapter 2 - Zoning, Section 11.2 Conditional Uses, a time limit is to be set within which the proposed project is to be developed. Staff recommends that a period of one (1) year be allowed to initiate this project, which would be accomplished by pulling a building permit or obtaining the appropriate occupational license within that time period.. Staff notes that the proposed use is new to the City of Boynton Beach and that the actual impacts, both positive and negative, will not be known until after the subject use has established itself and the magnitude of patronage is realized. Significant benefit to the city could be realized, including that attributed to the nationally televised sporting events. Most negative impacts will be controlled with proper police or security enforcement. Although this use may form the basis of future review and code amendments, the subject property and location should be appropriate for the proposed use. MR Attachments S;\Pfanning\SHARED\WP\PROJECTS\Club Ovation (fAa The Grand, Ozone, Orbit)\Staff Report-Club Ovation COUS 03-002.doc LOCATION MAP CLUB OVATION EXHIBIT "A" EXHIBIT "C" Conditions of Approval Project name: Club Ovation :ile number: COUS 03-002. t. eference: DEPARTMENTS ffq'CLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE , Comments: 1. A scaled drawing of the seating & stage (ring) layout for each individual X e-cent'must be submitted to the Fire Marshal's office for approval prior to ticket sales for any event over 1000 patrons. POLICE Comments: None X ENGINEERING DMSlON Comments: None X BUILDING DIVISION Comments: 2. Submit a clear and legible floor plan of the nng and seating areas. Aisles, X aisle width seating, aisle access ways, etc. shall comply with the requirements of Section 1019.10 of the 2001 Florida Building Code where applicable. All dimensions shall be clearly shown on the floor plan. 3. A floor plan and seating chart showing the construction of the ring and the X location of temporary seating shall be required to be submitted to the Building Division for review by the Fire Depa~iment and Building Division personnel for applicable code requirements. 4. An occupancy load calculation will be required to calculate allowable X occupancy load, as Club Ovation was built with an open concert floor 5. Additional electrical requirements such as generators, lighting, etc. will be X Conditions of Approval Z DEPARTMENTS INCLUDE REJECT required to be submitted along with the floor plan, and electrical permits shall be secured by-licensed contractors who will receive applicable inspections. 6. Depending on the occupancy load, the athletic events floor plan and X occupancy load will have to be checked to ensure that restroom facilities are adequate for the proposed occupancy load 7. Handicapped accessibility shall be maintained at all times. X 8. Any necessary permits shall be requested and issued, and inspections held X and approved, prior to holding any athletic competitions. 9. Licensed contractors shall file applications, secure permits and receive all X applicable inspections. PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: 10. Provide confm'nation that project meets, or is exempt from review for X county traffic performance standards ordinance. 11. Application (site plan)reflects old parking space data, revise and submit X updated version showing and tabulating current improved parking spaces. 12. Competitive or exhibition events held should be limited to either X activities/events sanctioned or permitted by a recognized regularity authority, and be recognized as a collegiate and/or Olympic activity, competition, or event. ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD COMMENTS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. ...... :.,~--a:.:-- ~*' · ...... ~ ':, ..... PR...~ ~RA 2003 form.doc S:XPIanning\SHARED\WP\PROJECTS\Club Ovation (fica Thc Grand, Ozone. Orbit)\Condition of Approval page DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Club Ovation (f.k.a. The Grand) COUS 03-002 APPLICANT'S AGENT: Randy Grinter APPLICANT'S ADDRESS: 3637 South Federal Highway, Boynton Beach, FL 33435 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: May 20, 2003 TYPE OF RELIEF SOUGHT: Request for Conditional Use approval to allow athletic competitions in a C-3 zoning district. LOCATION OF PROPERTY: 3637 South Federal Highway DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. 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 X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. 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. 6. 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:\Planning\SHARED\WP~PROJECTS~Club Ovation (fka The Grand, Ozone, Orbit)\Develol3.Order Club Ovation COUS 03-O02.doc VIII.-PUBLIC HEARING ITEM B. CITY OF BOYNTON BE/ AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates_ in to City Clerk's Office Meeting Dates in to City Clerk's Office [~' April 1,2003 March 17, 2003 (Noon.) [] June 3, 2003 May 19, 2003 (Noon) [] April 15, 2003 March 31, 2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) [] May 6, 2003 April 14, 2003 (Noon) [] July l, 2003 June 16, 2003 (Noon) [] May20,2003 MayS, 2003(Noon) [] JulylS, 2003 June 30, 2003 (Noon)~'~' [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation -_~. [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfinished Business c.~ RECOMMENDATION: Please place this request on the June 17, 2003 City Commission Agenda under Public Hearing. The Community Redevelopment Agency Board with a unanimous vote, recommended that the subject request be approved. For further details pertaining to the request, see attached Depmhnent of Development Memorandum No. PZ 03-131. EXPLANATION: PROJECT: DiLorenzo Abandonment (ABAN 03-002) AGENT: Beril Kruger, Planning and Zoning Consultants OWNER: Nicholas and Carmela DiLorenzo LOCATION: 902 N. Federal Highway DESCRIPTION: Request for abandonment of the 20-foot wide alley lying east of and adjacent to lots 24, 25, and 26, Block 4, Lake Addition to Boynton, and the replacement with a utility easement. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES:~~ ~-~; N/A ~ Devel~pmfl~t De~maent bi~&tor ' dity Manager's Signature ~ ' /Planning and ~ning ~)irecto~- City Attorney / Finance / Human Resources S:~Planning~SHARED\WPXPROJECTS~DiLorenzo ABAN~§enda Item Request DiLorenzo ABAN 03-002 6-17-03.dot S:'xBULLETIN~ORMS'~AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 03-131 TO: Chairman and Members Commun_ity Redevelopment Agency Board THRU:' Michael W. Rumpf Planning and Zoning Director FROM: Maxime Ducoste-Ambdbe Planner DATE: May 28, 2003 SUBJECT: Abandonment of a 20-foot wide alley lying east of and adjacent to Lots 24, 25 and 26 Block 4, Lake Addition to Boynton (ABAN 03-006). NATURE OF REQUEST The applicant and agent for Nicholas and Carmela DiLorenzo, Bedl Kruger, is requesting to abandon a portion of the 20-foot wide alley located between N.E. 8~ Avenue and N.E. 9"~ AvenUe. This request to abandon a public alley was submitted on March 6, 2003. This abandonment is for the following unimproved platted alley segment: A segment of that certain 20-foot alley lying east of and adjacent to Lots 24, 25 and 26 Block 4, Lake Addition to Boynton, according to the plat thereof as recorded in Plat Book II, Page 71 of the Public Records of Palm Beach County, Florida. The location map attached as Exhibit "A" shows the general vicinity of the street right-of-way to be abandoned. The attached Exhibit "B"- "Proposed Abandonment" shows the location of the subject property and includes a detailed location of the alley to be abandoned and its legal description. The following is a description of the zoning districts and land uses of the properties that surround the subject request. North A vacant parcel recently approved for an office/retail building (Schnars Business Center) zoned MU-L and farther north, N.E. 9th Avenue right-of-way; South A retail commercial building, zoned C-4; East - A single-family neighborhood, zoned R-l-A; and West - North Federal Highway right-of-way, and farther west, a vacant retail commercial building, zoned C-4. BACKGROUND In March of 1925, the Plat of Lake Addition to Boynton was approved. It included several 20-foot wide alleys dedicated to the perpetual use by the public, reserving unto the developers or successors the dght of reversion if not used as such. As such this clause is in favor of the odginal interest party if any right of way is abandoned. Pursuant to Flodda Statutes Sections 117.085, reversions contained in plats recorded pdor to July 1, 1972 Page 2 Memorandum No. PZ 03-131 ABAN 03-006 would be extinguished if specific action were not taken to establish such dghts on or before July 1, 1973. Under direction of the city's legal department, the applicant shall provide a statement confirming that such action was not taken, and providing assurance that, in the event that a future title issue arises from the abandonment, as it relates to the reversionary interest, the property owner shall provide any required defense of it at its sole cost and expense. The property located on the west side of the alley segment to be abandoned has been subject to several code violations from the City's Code Enforcement Division because of dumping in the subject alley. The applicant has the intention of vacating the 20-foot alley to consolidate it with Lots 24, 25 and 26. That portion of the alley segment once vacated, will be fenced to prevent future illegal dumping. The 20-foot wide alley as shown on the survey will be converted to a utility easement equivalent in width to the existing alley. When abandoned the lot/easement will revert to the adjacent property owners. ANALYSIS Pursuant to Chapter 22, Article III, Section 4, public notice was given to the property owners that abut the right- of-way to be abandoned, all utility companies have been notified and the request has been advertised in the newspaper. A summary of the responses from the utility companies and city staff is as follows: CITY DEPARTMENTS/DIVISIONS Engineering No objection Public Works/Utilities Approval with conditions (see Exhibit "C") Planning and Zoning No objection PUBLIC UTILITY COMPANIES Flodda Power and Light Approval with conditions (see Exhibit "C") BellSouth Approval with conditions Flodda Public Utilities Company No objection Cable Company (Adelphia) Approval with conditions (see Exhibit "C") Cable Company (Comcast) N/A RECOMMENDATION Staff has determined that the subject alley no longer serves a public purpose, and therefore recommends that this request to abandon the segment of the 20-foot wide alley as described above, be approved, subject to the comments included in Exhibit "D" - Conditions of Approval. Any conditions required by the Community Redevelopment Agency Board and the Commission will be placed in Exhibit "D" - Conditions of Approval. xc: Central File S:\Planning\SHARED~WP~PROJECTS\DiLorenzo ABAN 03-002~taff report.~toc Location Map DiLorenzo ABAN 03-006 EXHIBIT "A" R;~ C2 NE 9TH AVE NE AVE z'IMIJ/!I / ~tl~ / /, M 1/ I- 5 NE 8TH AVE / w ~ $ EXHIBIT B " ~/ i PROPOSE , ABANDONMENT~I ~' i LOT 23 , LOT 20l ~ BL ©CK 4 8LOCK 4 iRON ROD ~ ~ ~NE. are AVENUE (NO ~ ~'~ ~V.E. 7THAVENUE / /,,~ (UNI.PROVEO)] ~ ~ ~00 W, rH C~P ~ ~or~ro~ ~c. ~t vD. L 0 T 24 / LOCATION MAP ~r To SCALE j/ sL ocx 4 sL ocx 4 BLOCK 4 'OUNO 5/8' LEGENO: ~ ~ ~ .. N.E. 8TH A VENUE ~ = CENTERLINE P ~ v E o CONC = CONCRETE ~ = WALL = CHAIN LINK FENCE .... ur ur MAP OF OUNDA Y S.S.M.H. = SANITARY SEWER ~ANHOLE AREA = 2,825 SQUARE FEET OR I ~REBY ~RTFY T~T ~ S~r ~4S U~ ~R Ur RE~ONSeLE CHARGE 0.064 ACRES. MORE OR LESS ~ ~ET$ r~ ~ rE~AL sr~s xs ~r rumH FLOOD ZONE: B ~r~4r~ c~. ~ANF ~0 ~Cr~ 472.027. F[O~ ~r~rurEs. PA~% O. ENG~'-- ~r v~e m~r ~ ~ ~ SURVEYOR · MAPPER ~5708 DESCRIPTION: LYING EAST OF ANO ADJACENT TO LOTS 24, 25, AND LAND SURVEYORS 26, BLOCK ~, LAKE ADDITION ~0 BOYNTON BEACH, CERrF~ATE ~ AUT~AT~ ACCORDING TO THE PLA ~ THEREOF AS RECORDED IN S~VEYOR A~ MAWR ~ ~E C~RGE: PA~ O. EN~E PLA~ BOOK II, PAGE 71 OF THE PUBLIC RECORDS OF 2~0~ ~TH FE~RAL ~4Y, ~LRAY BEACH, FLORA PALM BEACH COUNTY, FLORIDA. (561) 276-450I 732-3279 FAX 276-2J90 MA Y 24, 2002 c~rR~r 2002 o~ s~r~ · o~M, ~. B. 158 J9 J 78-730d"A" .'" , EXHIBIT "C" 4d phia Engineering Department t 401 Northpo/n~ Parkway West PaimBcach, Fl 33047 February 21, 2003 Beril Kruger Plannhtg~& Zoning Counsultants 9 NE. 16'" Street Dc/ray Bcach, Fl 33~.~.~. RE: Letter of Abandonment Le.: Lot 24 thru 26, Block-4, Lake Addition to Boynton Beach, According to the Plat thereof as Recorded in Plat Book I 1, Page 71, Of the Public Records of Palm Beach County, Florida. Dear Mr. Kruger:. In reviewing your request on the above ref. project, Adelphia ( WPB )...has no objections in the abandoning of easement to the above legnl description, as long as Adelphia facilities are granted the prop~ easements. We have facilities on the north east section that require proper easements. Should you have any other qucstions, please fcc! fr~e to call me at 1-561..656-8932 / Fax Numbers- 1-561-640-3996 / e-mail samucl, tonzale'z~adel_~in.com Sincerely, Adetphia Engineering Group Florida ..~,,... EXHIBIT "C" Public UUliUes Company P.O. Box 3395 West Palm Beach FL 33402-3395 (561)832-2461 July 8, 2002 Mr. Beril Kruger Beril Kruger Plarmin & Zoning Consultants 9 NE 16th St. Delray Beach, FL 33444 RE: N.D. Auto, 902 N. Federal Hwy., Boynton Beach, FL 33435 Dear Mr. Kruger: Please be advised the Florida Public Utilities Company has no objection to the abandonment of the existing easement described in your letter. At the present time, we have no underground gas distribution facilities located within the limits of the proposed abandonment. Sincerely, cc: D.E. Pellico C.C. Canino " ' .~ C' EXHIBIT "C" @--BELLSOUTH BellSouth Telecommunications, Inc. ENGINEERING DEPT. - RM. 107 2021 SO. MILITARY TRAIL WEST PALM BEACH, FL 33415 July 11, 2002 Mr. Beryl Kruger 9 Northeast 16th Street Delray Beach, FL 33444 " RE: NOTIFICATION OF UTILITY PROVIDER LETTER FOR ABANDONMENT OF ALLEY R/W N. D. AUTO, 902 NO. FEDERAL HIGHWAY, BOYNTON BEACH, FL Dear Mr. Kruger: BellSouth does object to the abandonment of the alley right-of way due to our existing facilities in said right-of-way. If you execute a utility easement document that encompasses our existing facilities then we will have no objection to the abandonment of the alley right-of-way. If you require any additional information, please call me at 561-439-9118. Yours truly, FMichael F. Koenig Specialist - OSPE MFK:is August 5, 2002 Beril Kruge, Pla~uting & Zoning Counsultants 9 NE. 16th :;treet Dekay Beat '~, FI. 33444 RE: Legal Pescdption: Lots 24 ti, u 26, Block-4, Lake Addition to Boynton Beach, According t,~ the Plat Thereof as i ecorded in Plat Book 11, Page 71, of the Public Records ofl'alm Beach County, F~orida- Dear Mr. K, uger: Florida Po,~x er & Light .~-.as no objections in the abandoning of easements to the above legal descril' tion, as long as Florida Power & Light facilities are granted the proper easements. We have facilities on the north east section of lot 24 that require proper easements. EXHIBIT "D" Conditions o£ Approval Project name: DiLorenzo File number: ABAN 03-006 DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None 1. The proposed replacement easement shall be no less in width than the existing alley. The twenty (20) foot wide alley shall be replaced with a twenty (20) foot utility easement. PUBLIC WORKS- Traffic Comments: None UTILITIES Comments: None FIRE Comments: None POLICE Comments: None ENGINEERING DIVISION Comments: None BUILDING DIVISION Comments: None PARKS AND RECREATION Comments: None FORESTER/ENVIRONMENTALIST Comments: None PLANNING AND ZONING Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT Comments: 2. No structures shall be constructed or landscaping placed within the utility easement without express written consent of all legal entities occupying said easement. PRIVATE UTILITIES Comments: 3. Adelphia has no objections to the abandonment as long as Adelphia facilities are granted the proper easement. 4. Florida Power & Light has no objections to the abandonment as long as Florida Power & Light facilities are granted the proper easement. Florida Power & Light have existing facilities on the north east section of Lot 24 that require proper easements. 5. Florida Public Utilities Company has no objections to the abandonment. F.P.U.C. have no underground gas distribution located within the limits of the proposed abandonment. 6. Bellsouth objects to the abandonment of the alley right-of-way due to Bellsouth existing facilities in said right-of-way. If a utility easement document that encompasses Bellsouth existing facilities then we will have no objection to the abandonment of the alley right-of-way. ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: 1. To be determined. ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. $:~i:~iatinbag~HARE~WI~=ROJECT$~S~%.tar~ ~ Ctl~ll~ 024103~COA.dOC DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: DiLorenzo Abandonment APPLICANT'S AGENT: Beril Kruger - Planning & Zoning Consultants APPLICANT'S ADDRESS: 9 NE 16th Street Delray Beach, FL 33444 DATE OF HEARING-RATIFICATION BEFORE CITY COMMISSION: June 17, 2003 TYPE OF RELIEF SOUGHT: Request abandonment of a segment of that certain 20-foot alley lying east of and adjacent to Lots 24, 25 and 26 Block 4, Lake Addition to Boynton, according to the plat thereof as recorded in Plat Book II, Page 71 of the Public Records of Palm Beach County, Florida. LOCATION OF PROPERTY: 902 North Federal Highway Boynton Beach, FL DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. 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. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. 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. 6. 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:\Planning\SHARED~WI:~PROJ ECTS~DiLoreflzoABAN~OO.doc EXHIBIT "D" Conditions of Approval Project name: DiLorenzo File number: ABAN 03-006 DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: 1. The proposed replacement easement shall be no less in width than the X existing alley. The twenty (20) foot wide alley shall be replaced with a twent~ (20) foot utility easement. PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT Comments: 2. No structures shall be constructed or landscaping placed within the utility X easement without express written consent of all legal entities occupying said easement. PRIVATE UTILITIES Comments: 3. Adelphia has no objections to the abandonment as long as Adelphia X facilities are granted the proper easement. 4. Florida Power & Light has no objections to the abandonment as long as X Florida Power & Light facilities are granted the proper easement. Florida Power & Light have existing facilities on the north east section of Lot 24 that require proper easements. 5. Florida Public Utilities Company has no objections to the X abandonment. F.P.U.C. have no underground gas distribution located within the limits of the proposed abandonment. 6. Bellsouth objects to the abandonment of the alley right-of-way due to X Bellsouth existing facilities in said right-of-way. If a utility easement document that encompasses Bellsouth existing facilities then we will have no objection to the abandonment of the alley right-of-way. ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. S:'~Plannmg~SHARED'~WP~PROJECTS~SChrtar$ Buslne~ Ctr~ABAN 02-003~COA.dOC DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: DiLorenzo Abandonment APPLICANT'S AGENT: Beril Kruger- Planning & Zoning Consultants APPLICANT'S ADDRESS: 9 NE 16th Street Delray Beach, FL 33444 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: June 17, 2003 TYPE OF RELIEF SOUGHT: Request abandonment of a segment of that certain 20-foot alley lying east of and adjacent to Lots 24, 25 and 26 Block 4, Lake Addition to Boynton, according to the plat thereof as recorded in Plat Book II, Page 71 of the Public Records of Palm Beach County, Florida. LOCATION OF PROPERTY: 902 North Federal Highway Boynton Beach, FL DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. 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 X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested .by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. 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. 6. 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:\Pta nning~SHARED\W P\P ROJ ECTS\DiLo~enzoABAN\DO .doc REPORT ~~.~ ~ CITY OF BOYNTON BEAC Z'rEM A AGENDA ITEM REQUEST FORM Recluested City Commission Date Final Form Must be Yurned Requested City Commission Date Final Form Must be Turned in to City Clerk'} Ot'fic~ Meeun~ Dat¢~ tn t9 (~itv Clerk's Office ,',leet~n~ Dates_ []. April 1. 2003 March I?, 2003 (Noon.) June 3, 2003 May 19, 2003 INoon) [] Apnl 15, 2003 March 31, 2003 (Noon) ,~ June 17. 2003 June 2, 2003 (Noon) [] May 6. 2003 April 10~, 2.003 (Noon} [] July I. 2003 June 16, 2003 (Noon) -" [] July 15. 2003 June 30. 2003 (Noon~ ..~ May 20, 200..1 May 5, 2003 (Noon} [] Admmislxative [] Legal NATUR~ OF ~] Announcement [] New Business .?. AGENDA ITEM [] City Manager's Report [] Presentation -" --_ -~ ..-.~ [] Consent Agenda [] Public Hearing .-- [] Code Compliance/Legal Settlements [] Un.t'mished Bustr",~s RECOMMENDATION: Discussion of Marina Development A~eement per developer's request for dissolution ..~.the'. Second Revised Development Agreement. c ...~, EXPLANATION: The developer of the Marina prOJect has requested that the City Commission consider rescindh'wthe '~. Manna development agreement. The agreement is the 'q'hird Revised Development Agreement" which provided a nme extension to the "Second Revised Development Agreement," dated June 6, 2000. I am attaching the Second Revised Agreement as (Exi~ibit A) since it contains the substance of the agreement between the developer and the City. The request for release of the Agreement is contained in a letter from legal counsel for the developer dated April 9, 2003. (Exl~bit B) [n addition, the City has received a letter from legal counsel for Two George's Restaurant opposing the release of the Development Agreement at this time. (Exhibit C) The original development agreement ~s amended called for 207 public parking spaces. Of these, 59 spaces were to be provided on Casa Loma, leaving 148 unrestricted parking spaces elsewhere on the Manna development property. Per the 1999 Amended Mediation Agreement, Two George's Restaurant was to provide off-site permanent parking for employees and to meet the parking requirement for the additional floor area of the restaurant provided in 2002. (Exhibit D.) Per the latest site plan approved by the CRA/City Couu~lission. the following parking ts provided on the site plan: Regular on grade surface parking: 15 Spaces Handicapped on grade surface: 4 Spaces Regular Parking Spaces in Deck 725 Spaces (includes parking for condos and commercial uses) Handicapped Parking in Deck 15 Spaces Townhouse Parking 22 Spaces (not approved yet) 781 Spaces In addition, there are 24 on grade surface parking spaces plus 2 on grade handicapped spaces on the south side of Manna Dave/Casa Loma. These are "public access" spaces. PROGRAM IMPACT: None direct. However, there is a perceived lack of public access to the site because unrestricted public parking is not part of the approved site plnu, to date. S:BULLETIN\FORJVlSkAGEND^ ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM FISCAL IMPACT: Not known at this time but it should be noted that release of the Agreement will extinguish the City's security interest in the.property which was created to secure the value of the incentives the City provided to the developers. ALTERNATIVES: I. Dissolve the Development Agreement per the request of the Marina Developer. 2. Refer the issue of parking matters and property owner association matters to staff for further mediation between the City, CRA, developer and business interests. The staff has conducted one meeting of the participants on May 13~. C~ty Manager's Sl~gnature Department Head's Signature Department Name City Attorney / Finance / Human Resources S:\BULLETIN~FORMS~AGENDA ITEM REQUEST FORMDOC SECOND REVISED DEVELOPMENT AGREEMENT ~"'~"--~~ ~' THIS AGREEMENT entered into as of the 6~ day of June, 2000, between the CITY OF BOYNTON BEACH, FLORIDA (hereinafter "CITY") and OCEAN BREEZE FESTIVAL PARK, INC., a Virginia corporation, (hereinafter "DEVELOPER"). WHEREASi DEVELOPER owns 6.93 acres of property, more particularly described by the legal description attached hereto as Exhibit "A", located in the City's Community Redevelopment Area and the Central Business District, which Developer desires to develop as a unified mixed use project (hereinafter "PROJECT"); and WHEREAS, the DEVELOPER has heretofore entered into a Development Agreement, dated J~.~iy 1, 1997; and WHEREAS, the July 1, 1997, Development Agreement was amended b~, a First Amendment to Development Agreement, dated October 5, 1998, and a Revised Development Agreement was entered into dated October 13, 1999 (the "Previous Agreement"); and WHEREAS, the First Amendment to Development Agreement provided for phasing of the project; and WHEREAS, the Developer has submitted a conditional use site plan application consolidating Phase One and Phase Two of the projec';; and WHEREAS, one of the conditions of approval adopted by the City Commission on February 16, 1999, was the consolidation of Conditions of Approval for Phase One and Phase Two with the terms and conditions of the Development Agreement and the First Amendment to the Development Agreement; and This instrument prepared by: James %. Cherof,_City Attorney City of Boynton ~eacn 100 East Boynton Beach Blvd. Version 10.0 Boynton Beach, FL 33435 6/6/00 WHEREAS, the Developer seeks reasonable assurance from the City and the City desires to provide reasonable assurance to the Developer that if Developer acts in accordance with this Revised Development Agreement that Developer shall receive necessary development permits and establish entitlement to incentives approved by the City; and WHEREAS, the CITY and the DEVELOPER have negotiated for a package of economic incentives in accordance with the provisions of CITY Ordinance 96-46 which authorizes economic incentives to eligible businesses located in the community redevelopment area for qualified projects; and NOW THEREFORE, in consideration of the mutual covenants expressed herein, the parties agree as follows: 1. RECITALS. A. The foregoing recitals are true and correct and they are incorporated into this Agreement by this reference. B. DEVELOPER and CITY represent to each other that the foregoing recitals are material in nature and are relied upon by each other for the purposes of entering into this Agreement. C. Each party has fully investigated the facts which underlie the representations. Each party represents to the other that it will fully cooperate with the other to implement the terms and conditions of this Agreement. 2. COLLATERAL DOCUMENTS. A. The following exhibits are collateral documents to this Agreement and are hereby deemed part of this Agreement: 2 Version 10.0 6/6/00 Exhibit A- Legal Description, Project (unchanged, See Exhibit A to Previous Agreement). Exhibit B- Conditional Use Site Plan - dated 12.07.98 with-revisions through Revision 6, dated 8/10/00. Exhibit C- Legal and Equitable Owners (unchanged, See Exhibit C to Previous Agreement). Exhibit D- Public Facilities (unchanged, See Exhibit D to Previous Agreement). Exhibit E- Reservations and Dedications (unchanged, See Exhibit E to Previous Agreement). Exhibit F - Intentionally left blank. Exhibit G - Intentionally left blank. Exhibit H- Conditions of Approval (unchanged, See Exhibit H to Previous Agreement). Exhibit I - Intentionally left blank. Exhibit J - Intentionally left blank. Exhibit K - Intentionally left blank. Exhibit L- Casa Loma Ovedook Construction and Use Detail (unchanged, See Exhibit L to Previous Agreement). B. In the event of any conflict between the terms and conditions of this Agreement and any of the collateral documents, the terms and conditions as set forth in this Agreement shall control and the collateral document will be conformed to this Agreement to eliminate such conflict. 3 Version 10.0 6/6/00 3. INTENT. A. It is the intent of the DEVELOPER and the CITY that this Revised Development Agreement sets forth all the terms and conditions under which the CITY has approved or agrees to approve the PROJECT as a single unified development and granting incentives sought by DEVELOPER and offered by the CITY. B. The parties agree that this Agreement is not a developer's agreement entered into pursuant to Section 163.3220-163.3243, Flodda Statutes. C. This Second Revised Development Agreement supercedes and replaces the Development Agreement, which was recorded in ORB 10899, pages 1772 - 1828 of the Publib., Records of Palm Beach County, Fiodda, the First Amendment to the Development Agreement which was recorded in ORB 10899, pages 1829 - 1847 of the Public Records of Palm Beach County, Florida, and the Revised Development Agreement, which was recorded in ORB 11449, pages 152-209. 4. COVENANTS RUNNING WITH THE PROPERTY. It is the intent of the parties that the DEVELOPER'S obligations as set forth in this Agreement shall be deemed to be covenants running with the land. 5. LEGAL DESCRIPTION OF PROPERTY. The legal description of the property is as set forth on Exhibit "A". 6. LEGAL AND EQUITABLE OWNERS. DEVELOPER represents that legal title and/or equitable title of the property is currently vested in those individuals, companies, partnerships, limited partnerships, or other entities as set forth on Exhibit "C". 7. EFFECTIVE DATE. This Agreement shall take effect as of June 6, 2000. 8. DURATION. The duration of this Agreement shall run until the eadier of: 4 Version 10.0 6/6/00 (a) completion of all of the improvements depicted on the Site Plan; or (b) DEVELOPER giving written notice to the CITY of abandonment of the SITE PLAN. It is acknowledged that minor modifications of the SITE PLAN or expansions of the PROJECT, approved by the CITY, shall not be deemed an abandonment. 9. DEVELOPMENT USES. A. The following uses have been approved by the City Commission: 1. 29,302 square feet of two-story office/retail floor area. 2. Two public restaurants with a combined area of 12,830 square feet. 3. Fuel sales. 4 38 Marina slips, 2 of Which shall be designated for the exclusive use of the City of Boynton Beach for PolicelMadne Patrol purposes. 5. A multi-unit residential apartment building of 8 stories or less, not to exceed 100 feet in height and no more than 229 residential units. 6. A parking garage. 7. DEVELOPER shall provide a minimum of 505 parking spaces, 2074 of which must be open and unreserved for public use (Of these 207 spaces, 59 are on Casa Loma Boulevard and N.E. 6~ Street. The City is granting to the Developer the use of these 59 public spaces as credit toward his obligation of 207). Nothing herein shall prohibit the City from metering or providing time restrictions on those parking spaces located on City right-of-way, or from entering into an Agreement with At the August 3, 1999 City Commission meeting, pursuant to LDR. Chapter. 2 Zoning, D.4.d.(2) the City Commission reduced the required public parking spaces to 207. 5 Version 10.0 6/6/00 DEVELOPER to meter or restrict those public use spaces located on DEVELOPERS' property. B. It is agreed that the issuance of development orders for the site work and permits for construction of the buildings and structures depicted on the SITE PLAN are subject to certain conditions as set forth in this Agreement. DEVELOPER shall complete all Phase I construction improvements depicted on the SITE PLAN (meaning all "backbone infrastructure" as defined in Section 13D of this Agreement, the Madna Improvements, the retail shells, and restaurant #1 shell) on or before January 1, 2002. If DEVELOPER completes the Phase I improvements prior to January 1, 2002, the CITY'S lien (or other means of security) of $770,328.00 shall, be reduced to $192,582.00, which shall be held until all improvements depicted on the site plan are completed, less and except certificates of occupancy for the interior of the buildings. Failure to complete the entire Project on or before January 1, 2003, shall result in forfeiture of the incentives granted by the City. If the Developer fails to reimburse the City for incentives within ninety (90) days of notice of default, the City may foreclose the lien or declare default and call the bond or letter of credit, referred to in paragraph 17 N. hereof. C. Prior to and as a condition of issuance of final release of the City's incentives lien (or other security), DEVELOPER shall file with the CITY a revised SITE PLAN, depicting all improvements to the PROPERTY, as built. D. Notwithstanding anything to the contrary contained in this Agreement and only when all code requirements are met: (i) Developer shall be issued Certificates of Occupancy for the docks and fuel pumps upon completion of those improvements provided that the utilities to 6 Version l 0.0 6/6/00 service the docks and pumps has been completed and approved and fire/rescue vehicles have access to the dock/fuel pump area, (ii) Developer shall be issued Certificates of Occupancy in the residential structure on a floor by floor basis when those floors have passed all inspections and provided all backbone infrastructure, and the parking garage are complete, and (iii) Separate Certificates of Occupancy shall be issued upon completion of each individual restaurant and retail space, provided the restaurant or space has passed all inspections and all backbone infrastructure is complete. 10. PUBLIC FACILITIES. A description of the public facilities which will service the PROJECT are as set forth on Exhibit "D". Exhibit "D" is not intended to limit or exclude customary municipal services or facilities that the CITY currently provides to projects of this nature. 11. RESERVATIONS AND DEDICATIONS. The DEVELOPER shall grant or convey to the CITY a portion of the property for public purposes. A schedule of reservations and dedications is attached hereto as Exhibit "E". The granting or conveyance of the reservations and dedications referenced herein shall not necessitate the replatting of the property. 12. CASA LOMA BOULEVARD. A. The CITY agrees to abandon Casa Loma Boulevard as a public right of way, and the document reflecting the abandonment shall be held in escrow pending the payment to the DEVELOPER referenced in Paragraph 12E below. The DEVELOPER shall grant to the public the non-exclusive right of ingress and egress over that portion of Casa Loma 7 Version 10.0 6/6/00 Boulevard which it shall own subject to the right to have restaurant tables as shown on Exhibit L. B. The DEVELOPER shall complete those improvements to Casa Loma Boulevard as depicted on the SITE PLAN by May 7, 2001. In addition to the improvements shown on the Si-te Plan, DEVELOPER shall construct a sea wall along the eastern terminus of the Casa Loma Boulevard right-of-way. All improvements shall thereafter be maintained by DEVELOPER or by a merchants' or property owners' association formed by DEVELOPER for the purpose of insuring continued maintenance of the improvements, or by a Cross-Easement Agreement with the property owner to the South. DEVELOPER'S obligation to maintain the improvements shall survive the duration of this AGREEMENT. C. Failure to maintain the dumpster improvements depicted on the Site Plan shall result in revocation of the occupational license of any business dependent on the dumpsters for waste disposal. No occupational license shall be revoked without the City first providing the owner and occupant of the business with ninety (90) days written notice of deficiency and opportunity to cure. D. In exchange for the improvements to Casa Loma Boulevard, the DEVELOPER shall be entitled to a credit for all parking spaces constructed in the Casa Loma and Orange Avenue rights of way to parking spaces required for the PROJECT by the CITY'S Land Development Regulations. E. DEVELOPER shall improve the eastern most portion of Casa Loma Boulevard as depicted on the SITE PLAN and the Casa Loma Ovedook Construction and Use Detail. The Overlook is that portion of Casa Loma east of the cul-de-sac. Within thirty (30) days of DEVELOPER'S engineer certifying to the CITY the design and construction 8 Version 10.0 6/6/00 costs of the Casa Loma Overlook improvements, the CITY shall bill the property owner whose property abuts the southern one-half of Casa Loma Boulevard east of the cul de sac for an amount equal to fifty (50%) percent of the cost of construction of the above-ground improvements depicted on the Casa Loma Overlook Construction and Use Detail, including pavers, landscaping and lighting, plus such owner shall pay $9,129.00 towards the seawall, within thirty (30) days of receipt of a certified engineering estimate, and such amounts shall be paid to DEVELOPER by CITY upon completion of such improvements. This bill must be paid by such owner to DEVELOPER prior to the CITY attorney's release from escrow of the document abandoning Casa Loma Boulevard. The purpose of this procedure is to ensure that DEVELOPER receives reimbursement for expenditures made to improve the Casa Loma Overlook portion of the project, and both DEVELOPER and such property owner must instruct the CITY attorney to release such document. 13. LOCAL DEVELOPMENT PERMITS. A. Construction of the PROJECT is contingent upon the DEVELOPER applying for and obtaining all development and/or construction permits required by the CITY or any other regulatory agency. B. The CITY agrees to process, without unnecessary delay, its permits and applications and cooperate in good faith with DEVELOPER'S efforts to get permits, licenses, and agreements from other regulatory agencies and utility companies. C. The failure of this Agreement to specifically address a particular permit, condition, term, or restriction shall not relieve the DEVELOPER of the necessity of complying with the law governing said permitting requirements, conditions, term or restriction, unless such necessity is negated by waiver by the CITY. 9 Version 10.0 6/6/00 D. A revised Site Plan was approved by the City Commission as part of conditional use approval consolidating both Phase One and Phase Two. The project is one unified development project. The structures depicted on the Site Plan may be constructed in phases, provided that all infrastructure improvements necessary for the entire project must be cornpl'eted before the first Certificate of Occupancy is issued, regardless of bonding or other surety except for the docks and fuel pumps which are dealt with in paragraph 9.D.(I). For this purpose, infrastructure shall be limited to potable water, sanitary sewer, drainage, and a second paved access road which is the extension of Boynton Beach Boulevard, the failure to provide shall not hold up any permits or certificates of occupancy pursuant to Paragraph 17. G. 6. 14. COMPREHENSIVE PLAN. The parties agree that the proposed PROJECT is consistent with the CITY's Comprehensive Plan and that no Comprehensive Plan amendment is necessary to effectuate this Agreement. 15. CONTROLLING REGULATIONS. The site development work and construction of buildings and improvements of the PROJECT shall be in accordance with the CITY's Land Development Regulations and applicable building codes. Nothing herein shall be construed as a waiver by the CITY and in favor of the DEVELOPER with respect to any of the conditions set forth in the building codes or relating to the method of construction. 16. CONDITIONS OF DEVELOPMENT. A. The conditions of approval set forth in Exhibit "H" are conditions to the issuance of site preparation and building permits for DEVELOPER'S PROJECT and are necessary for the public health, safety, and welfare of the citizens of the CITY. 10 Version 10.0 6/6/00 The parties acknowledge that a number of the conditions set forth on Exhibit "H" require additions, deletions or modifications to the SITE PLAN. B. Nothing herein shall mandate the passage of such ordinance nor require that any Commissioner be required to vote in favor of such ordinance if he or she determines that such ordinance is not in the best interest of the CITY. C. No waiver of a condition shall be effective until the condition is complied with, waived, or eliminated by Code amendment. Application for the waiver of a condition may be made by DEVELOPER or by the CITY's Administrative staff. The City administrative staff shall maintain a list of conditions, kept current, and notated such that it can be' determined whether the condition has been complied with, waived, or eliminated by Code amendment. 17. ECONOMIC INCENTIVES. A. The parties agree that DEVELOPER is an "eligible business" as that term is defined in CITY Ordinance 96-46. B. This Agreement, when signed by DEVELOPER shall constitute an application by the DEVELOPER for the granting of economic incentives in the manner prescribed by Ordinance 96-46. C. The CITY Manager has reviewed the application and has determined that the economic development incentives hereinafter set forth are necessary and appropriate. D. The CITY will appropriate or designate sufficient funds for the CITY to pay the cost of such incentives. E. Approval of this Agreement shall constitute approval by the CITY Commission of the DEVELOPER'S application for economic incentives. 11 Version l 0.0 6/6/00 F. The incentives listed below shall be deemed vested with the DEVELOPER, subject only to forfeiture in the event of a default by the DEVELOPER as set forth in this Agreement. G. The following listed incentives are granted by the City. All work preceded by the symbol (*) !s work that shall be performed by or under the direction of the City. All additional work not so noted, shall be performed by or under the direction of the Developer. The parties shall coordinate all work listed herein. The parties shall hold a scheduling conference within 90 days of the date of this agreement and thereafter as necessary to facilitate the work. 1. SEWER AND WATER IMPACT FEES AND CONNECTION EXPENSES MAXIMUM VALUE Retail Commercial $13,812 Restaurant $53,781 Marine $27,438 Meters, Deposits and Connection Fees $7,175 Sub-total $102,206 2. OFF-SITE WATER AND SEWER *8 inch water main in Casa Loma $16,148 *Wet taps for connection to existing $6,900 'Water service to property line $8,625 *8 inch gravity sewer in Casa Loma Blvd. $43,125 *Service connections to property line $34,500 *Manholes $11,500 12 Version I0.0 6/6/00 Sub-total $120,798 3. ON-SITE WATER AND SEWER 1 O-inch water main $13,800 Fire Hydrants $10,350 8-inch -water main $3,519 6-inch water main $13,350 *24-inch gravity sewer $139,150 *Manholes $23,000 *Abandon existing sewer in place $5,000 Sub-total $208,169 4. BUILDING FEES $240,000 The CITY shall fund on behalf of DEVELOPER the payment of building permit fees, including impact fees, to the City, the County, and the State, up to a maximum of $240,000.00, for the construction of improvements depicted on the SITE PLAN and within the boundaries of he legal description set forth on Exhibit "A" to this Agreement. 5. INTERIM SERVICE FEE.* $10,655 The CiTY shall fund the payment of CITY intedm service fees up to a maximum of $19,655.00 otherwise applicable to the PROJECT. *At the time of this Agreement, the City has temporarily suspended collection of Interim Service Fees. 6. BOYNTON BEACH BOULEVARD EXTENSIONS. $75,000 13 Version 10.0 6/6/00 It is the intent of the parties to work jointly to extend Boynton Beach Boulevard eastward from its current point of terminus to the point that it intersects the western most boundary of DEVELOPER'S property. The project to extend Boynton Beach Boulevard has three components: A. Acquisition of the necessary right-of-way, B. Approval of the extension by the Florida Department of Transportation; and C. Construction of the extension. The CITY'S obligations are as follows: 1. To obtain the approval of the Flodda Department of Transportation for the extension, 2. To acquire the right-of-way for the Boynton Beach Extension to the west end of DEVELOPERS property. The City shall have eighteen (18) months from the date of the Agreement to obtain title. The CITY shall use, if necessary, its power of eminent domain. The CITY'S monetary obligation to acquire the right-of-way shall not exceed $75,000.00. The DEVELOPER'S obligations are as follows: 1. To convey to the CITY its interest in property within the right-of-way, 2. To contribute up to $10,000 to the cost of acquisition of the right-of-way; 14 Version 10.0 6/6/00 3. To construct, at its cost, the right-of-way as shown on the approved site plan. In the event the monetary obligations set forth above are insufficient to fund the acquisition of the right-of-way, the CITY and the DEVELOPER shall have the option, bUt not the obligation, to fund any shortfall. In the event the CITY or the DEVELOPER does not fund a shortfall, or if the right-of-way cannot otherwise be obtained, such refusal or failure shall not impede the issuance of any permits, CO's or other governmental approvals required by the CITY for the project, and the condition of approval requiring access to the Project from the Boynton Beach Boulevard Extension or a second access shall be deemed withdrawn. 7. ADMINISTRATIVE FEES. $4,$00 The CITY shall fund payment of application fees for administrative review for the PROJECT up to a maximum of $4,500.00. TOTAL: 770,328 H. Incentives in the form of fees and connection expenses shall be paid by the CITY directly to the permitting authority, when due. I. Incentives in the form of reimbursement to the DEVELOPER shall be paid to DEVELOPER when DEVELOPER submits a draw request to CITY Manager indicating that the DEVELOPER has expended fund to complete the improvement which is the subject of the incentive. J. The dollar amount indicated for each incentive constructed by the CITY or directly funded by the CITY is "the not to exceed values" fixed by the CITY as the 15 Version lO.O 6/6/00 maximum expenditure approved by the CITY. These incentives shall be paid or credited at actual cost. Incentives in the nature of reimbursement to the DEVELOPER for work performed by the DEVELOPER, as notated above are true values and shall be paid by the CITY without the value being certified or audited. K. The CITY represents and warrants that no further approvals or consents are required and that subject to the conditi°ns of this Agreement the obligation of the CITY to provide the economic incentives is valid and may be relied upon by DEVELOPER. L. The economic incentives hereby approved by the CITY are conditioned upon construction of the PROJECT in accordance with the SITE PLAN, to the extent set forth in this Agreement. M. Nothing herein shall be construed to constitute a waiver of any impact fee, in whole or in part, for purposes of municipal accounting, but to the extent that impact fees constitute incentives under this Agreement, they shall be paid by the CITY on behalf of the DEVELOPER, and not by DEVELOPER. N. DEVELOPER grants to CITY a lien on the property described on Exhibit "A" in an amount equal to the value of all incentives granted by the CITY. Said lien shall not be subordinated to any other encumbrance and shall not be released by the CITY until the entire PROJECT has been issued certificates of occupancy. The DEVELOPER may bond off the City's lien by substituting performance bond, letter of credit, or other means of surety, the form and substance subject to approval by the City Attorney and in the amount of $770,328.00. The CITY'S lien, and its right to foreclose same, shall survive beyond the duration of this Agreement. 16 Version 10.0 6/6/00 18. RECORDING. Upon execution of this revised Development Agreement the CITY will record same in the Public Records of Palm Beach County, Florida. As requested by the DEVELOPER, CITY shall provide recordable estoppel certificates as to the status of this Agreement, DEVELOPER'S rights under this Agreement, and DEVELOPER'S-rights to proceed with the PROJECT. 19. DUE DILIGENCE. A. The parties hereto agree and covenant that they shall immediately, following the effective date of this Agreement, commence all reasonable actions necessary to fulfill their obligations hereunder and shall diligently pursue the same throughout the existence of this Agreement. B. In the event either party is deemed by the other not to be proceeding with due diligence, the party alleging such lack of due diligence shall give written notice and the alleged guilty party shall promptly take reasonable corrective action. C. Any time deadlines imposed upon DEVELOPER in this Agreement (including Paragraph 18) shall be subject to reasonable extensions for unexpected reasons or reasons beyond DEVELOPER'S reasonable control such as labor shortages, material shortages, casualty damage, moratorium, unexpected government delay, act of war, civil disobedience, lack of CITY services or facilities, concurrency and the like. 20. RESTRICTIVE COVENANTS. The burdens of the development shall be binding upon, and the benefits of said Agreement shall inure to, all successors in interests of the parties to this Agreement, including heirs and assigns. 21. ENTIRE AGREEMENT. This Agreement, together with the collateral documents referenced in paragraph 2.A. hereto, sets forth all of the promises, covenants, 17 Version 10.0 6/6/O0 agreements, conditions and understandings between the parties hereto, and supersedes all prior and contemporaneous agreements, understandings, inducements or conditions, express or implied, oral or written, except as herein contained. 22. SEVERABILITY AND REMEDIES. A. The invalidity of any provision hereof shall in no way affect or invalidate the remainder of this Agreement except that if any provision which is invalid prevents the CiTY from approving the PROJECT, issuing permits or Certificate of Occupancy or prevents DEVELOPER from receiving all economic incentives, DEVELOPER may elect to rescind this Agreement. B. In the event this Agreement is terminated by reason of the matedal failure of the DEVELOPER to timely perform the terms and conditions set forth herein, the CITY shall have the right to refuse to issue building permits or other development approvals for the property. C. Notwithstanding the foregoing each party shall be entitled to pursue all other remedies provided by law, now or hereinafter existing. 23. NOTICES. Upon further written notice by either party to the other, all notices provided for herein shall be in writing and transmitted by messenger, certified mail, or return receipt requested, or telegram, and shall be mailed or delivered as follows: AS TO THE CITY: City Manager City of Boynton Beach 100 East Boynton Beach Blvd. Boynton Beach, FL 33025 With a Copy to: James A. Cherof, City Attorney Josias, Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Blvd. Suite 200 18 Version 10.0 6/6/00 Fort Lauderdale, FL 33308 AS TO DEVELOPER: Ocean Breeze Festival Park, Inc. 1120 Laskin Road Virginia Beach, VA 23451 With a Copy to: David M. Layman, Esquire Greenberg Traurig 777 South Flagler Drive Suite 300 East West Palm Beach, FL 33401 24. GOVERNING LAW AND VENUE. This Agreement shall be construed in accordance with the laws of the State of Florida, and any proceeding adsing between the parties in any manner pertaining to this Agreement shall, to the extent permitted by law, be held in Palm Beach County, Flodda. 25. BINDING EFFECT. The obligations imposed pursuant to this Agreement upon the DEVELOPER and/or upon the property shall run with and bind the property as covenants running with the property and this Agreement shall be binding upon and enforceable by and against the parties hereto, their personal representatives, heirs, successors, grantees, assigns, and a copy of this Agreement shall be recorded among the Public Records of Palm Beach County, Florida, upon execution of this Agreement. 26. ATTORNEYS' FEES. Should either party hereto bring an action against the other to enforce the terms and provisions hereof, then the party prevailing in said action shall be entitled to a judgment against the other for his reasonable attorneys' fees and costs. 27. LAWS OF FLORIDA. This Agreement shall be governed by the laws of the State of Florida and it shall become effective immediately upon execution by both parties 19 Version lO.O 6/6/00 hereto, subject to any approvals which must be obtained from governmental authority, if applicable, and subject to all conditions for the rendering of service as set forth in this Agreement (including the obtaining of necessary easements). 28. ASSIGNMENT. Without consent of the CITY, DEVELOPER may assign this Agreement and/or rights hereunder, including the incentives granted by the CITY. 29. PROJECT EXPANSION. Nothing herein shall prevent DEVELOPER from seeking a modification of the SiTE PLAN, subject to CITY approval. 30. SITE PLAN PACKAGE. See Conditions of Approval. 31. A. Developer intends to obtain mortgage financing for the PROJECT from one or more lenders (collectively, the "Lender"). Developer shall provide written notice to the City of the name, mailing address, and designated representative of each lender. B. CITY agrees: 1. that the Developer's dghts under the Agreement may be assigned to the Lender without City's consent, but with notice to the City; 2. that should Lender or other third party acquire title to the Project or portion thereof as a result of foreclosure sale or deed in lieu thereof (the "Successor Owner"), such Successor Owner shall succeed to the rights of Developer under this Agreement; 3. that City agrees to give to any Lender which has notified City in writing as to its interest in the Project, written notice of any default by Developer under this Agreement with Lender having the right to cure such default within a curative period reasonable under the circumstances then existing; and (iv) 20 Version lO.O 6/6/00 that this Agreement cannot be terminated, abandoned, modified or amended without notice to Lender's. C. Nothing herein shall limit the City's power to terminate this Agreement if there has been a default by Developer and if the lender has been given notice of said default and has failed to cure the default within the curative period referenced above. 21 Version 10.0 6/6/0O STATE OF FLORIDA ) ) COUNTY OF PALM BEACH ) I HEREBY CERTIFY that on this day, before me, an officer duly authorized to administer oaths and take acknowledgments, ~.ersonaily ap~~on'~ld Weiland, Vice tf'tgeqVlayor of the City of Boynton Beach and ~Lz,.o,,,,,,-., - the City Clefk known to me to be the persons described ir~ and~who executed the foregoing instrument, who acknowledged before me that they executed the same, ,)<" are personally known to me (or produced the following type identification:) and an oath was not taken. Witness my hand and official seal in the County and State last aforesaid thiso,°l¢4'/-' day of ~1¢1o_.~,1~- ,2000. NOTARY PUBLIC My Commission Expires: B~ : ~ ,f64,V~l ! City A~o 22 Version 10.0 6~6/00 Witnesses: OCEAN BREEZE FESTIVAL PARK, INC. STATE OF ~A ) ee,,c.A ) COUNTY OF,i~ ) I HEREBY. CERTIFY that on this day, before me, an officer duly authorized to administer oaths and take acknowledgments, personally appeared ~ov.~O ~e.,~ known to me to be the person described in and who executed the foregoing instrument, who acknowledged before me that he executed the same, is .personally known to me (or produced the following type identification:) ' and an oath was not taken. Witness my hand and official seal in the County and State last aforesaid th!.s. NOTAR~PUBLIC ' :: -. .~' ;.~.'. ,, .. My Commission Expires: :3~ '""-, '~ ...' · 23 Versioi~ 10.0 6/6/00 LEGAL DESCRLO'I'iON: PARCEL ~.: Lots 37 and 38 and Dewey's Subdivision, Plat Book :t, page 37 of the Public Records of Palm Beach County, florida, Less the right-of-way of Casa I.oma Boulevard and Less the right-of-way of Orange Grove Boulevard. Together with the reversionary interest, if any, of mortgagor in the rights-of-way of Casa I.oma Boulevard and Orange Grove Boulevard. · PARCB. 2: The East half of Lot 39 and the East half of Lot 42. in Dewey's Subdivision, Plat Book 1, page 37 of the Public Records of Palm Beach County, Rodda (Less the South 30 feet of said Lot 42. as shown in Deed Book 34[, page 188) Together with the reversionary interest, if any, of mortgagor in the right-of- way of Ocean Avenue. .. PARCEL 3: That plat of Section 27, Township 45 South, Range 43 East, Palm Beach County, Rodda described as follows:. Commence at the Southeast comer of Lot 37, Dewey's SulxtMaon, accordlng to the plat thereof recorded in Plat Book :t at I~Je 37 of the Public Records of Palm Beach County, Florida; thence N 7' :t4' 10' E., along.the Fast line of said Lot 37 and along the West right-of-way line of the Tntra~ Watemray, 25.20 feet to. a line 25.0 feet North of and parallel with the South Ilne of said Lot 37 and the Point of Beginning; hence East, along said parallel line, 33,85 feet; thence N. 5° 47' 36" E., 142.02 feet; thence N. 82° S. 45' 50' W., 30.0 .feet to the said East line of Lot 37; thence S. 7" [4' 10" W., along said East Ilne, 146.24 feet to the said Point of Beginning. Areas: Parcels 1 & 2 & 3 = :301,887 sq., lc., 6.93 acres. Location: Northwest comer of Orange Avenue and Ocean Avenue · ~. ~' 4 L h ~ ~ ~ ~ D~WINGS ON - ,' ':~t~:~[I*;? i,,~,~a~ CITY CLE~ . ...... ~ ; ~ 71. i ~ , I:" 'f:t~~ ;i:[ L ...... : ........ ~ ],'~i:J~ii'::"" -lgll [ [{ . I ::.,:,. ~" ~ ~ -~ ':'i: : _Z ........ ~ ' ,' · -- r:'-~ : , .I · .... __ ...... ~-~.~ ~,..,,,, _ , ..' ..~zT~..:~ ..... l=. _,, , : .~ , . ,, ~m: ; '?,,' · .~--- ~- il i . ~8 ~. ',, ;. . · · b '~,, ~ ,.-.., . ~ {.'= -'~-, .' ~ ~ ..~- I ---. - ,. ~*'' ;l:~.~.~ ::. h .... : ...... ~ i ..- _ .... ;,~.~ ~ ~.3 LEGAL AND EQUTi'ABLE OWNERS OCEAN BRk"w71= FEETWAL PARK, INC., c/o The ESG Companies · ~.120 Lasldn Road · Virginia Beach, VA Z3451-5'7..10 EXH[B['T'"C" PUBI TC FAC3t.Z'TZrES :t. The Qb/will design and construc~ off-site water and sewer facilities .stzed t= aca=mmodate the proJectad -build-out capacity of the project. 2.. The City will Install traffic and parking c~nU'oi signs along, the Casa. I.oma rtght-ofwvay. SCHEDULE* OF RESERVATIONS AND DEDICATIONS 1. Easement fi'om Ocean Breeze Festival Park, ]:nc, to t~e City of Boynton Beach, dated .lune 14, ].999, Addendum to Easement and Exhibit "A" (dated 3/1/99, Order #80-275 ~F"); 2. Easement from Ocean Breeze Festival Park, ]:nc, to the City of Boynton Beach, dated 3une 14, 1999, Addendum to Easement and Exhlbtt"A~ (dated 5/].9/99, Order #80-275 ~G"); 3. Easement from Ocean Breeze Festival Park; Inc., to the City of Boynton Beach, dated 3une 14, 199g, 'Addendum to F~ernent and Exhlbrc"A' (dated 3/1/99, Order # 80-275 ~. Easement from Ocean Breeze Festival Park, Inc., to the City of Boynton .Beach, dated November 4, 1999, Addendum to Easement and F. xhiblt"A" (dated 11/3/99, Order #80-275 'T') *Reservations and Dedications to be recorded se~aramly. LEFT IN'r~ONALLY BLANK EXHIBIT "H" Conditions of AO.omvai =ject name: Boynton Marina !e number:, COU$ 98-008 .;,eference: The otans consist of 5 sheets identified as 4th Review.. New Site Plan. File # COUR DEPARTMENTS INCLUDE I REJECT I PUBLIC WORKS Comments: 1. The dumpster (or vertical compaca3r) enclosures should be a minimum 10 feet by 10 feet internal dimensions. The gates for the containers should be mounted on the outside of the enclosures. The enclosures should be widened if the gates am to be mounted x -on the inside. Steel dowels should be installed to hold the gata~ open. The lzt;ck must be provided with a turning radius of 55 feet minimum. 2. Waste removal In connection with constructto;3 process must be sewicad by City of Boynton Beech. Place note on dumpstar detail to indicate same. UTILITIES Comments: 3. NI utilities easements shall be shown on the rectified landscaping drawings so that we may determine which tre~ may interfere with utilities. Itl generaL, palm ~ will be the only ~ee species allowed within uttlity easements. Cano~ trees may be planted outside of the easement so th~ mots and branches will not Impact those utilities within the easement in the for--,,,aeable future. LDR X Sec. 7.5-18~1 give~ i:l~OC utllitlee the authority to remove any or public rights-~-way. Them aooear tg be soma very definite ,-~rrftlcts between canoav tm~ and utilities in this submittal, as them were in the Da<ember 1998 submit~l. 4. Department of Health perm~ wi, be required for the water and sewer system extensions se~ng this project. (Sec, 26-12}. Show all existing and proposed water and sanitary sewer Improvements x on the site plan or drainage plan at this time including pipe size, and location, fSer, 26-16) 5. Rre flow calculations will be required demonstrating the City Code requirement of 1500 g.p.m, as stated in LDR Chap. tS, Art., Sec. X 16, or the requirement imposed by insurance undenvriters, whichever is c~reater. (See Sec. 26-16(a)). Fire flow tests results Pal~ 2 Boynton B~ch File No.: COUS 98-008 I D~AR~~ INCLUDE R~E~ for ~e ~in on Ml~iafio~ ~l~lafions ~ .your Hea~ Oepa~eN p~ ~pli~flon ~d plans. 6. P~ide pmp~ elevation, fl~ ~, ~e~ ~d~ ~d an engine,s ~n ~~on roles ~ ~e Cl~ ~d ~e So~ Rod~ Wa~ M~geme~ Db~ x 4, -- 7. Wa~r be indud~ ~t (1Z ~~, ~ ~ ~~). ~ ~~ ~ ~ X dlame~r g~ s~. ~e ~o1~ ~g ~d~ ~ the e~9 u~ e~ema~ no 1~9~ n~ 8. ~e drainage p~ indud~ in ~ sub~ Is ~ D~mb~ 7, 1998, ~d ~ ~ E ~ ide~ ~ ~ ~e ~~ in ~maN ~em Is' lns~d~ spa~ ~ ~e ~, ~ ~d drainage Iin~ ~ ~ng ~e ~ s~e ~ ~e s~ It ~ ~ x msau~ ~ in a d~m~ I~aon ~m ~ ~ ~ ~e s~ ~ian. Please ~ub~ a 10. au~d~g ~~ ~ ~ ~ ~~~~ (S~ ~1~. In add~, 'Deve~pm~ ~~~. -- 11. No~ ~at ~e add,on ~ ~ ~~ ~ ~ i~ ~e x . will msuE in an add,oriel Page 3 Boynmn Beach Marina File No.: COUS 98-008 DEPARTMENTS ' I iNCLUD£ t REJECT $250.000 for water ami sewer, if approved. The developer is therefore resoo'nsible for oavment of this additional fee. 12. ' The 15-foot utility and roadway easement west of the platted N.F_ 6~" Street right-of-way, referenced in paragraph 9 of the 'First x Amendment to Development Agreement' must now be declicated to the City to allow maintenance of City utilities. 13. All infrastructure improvements necessa~, for this entire site must be completed before the f~t certificate of occupancy is issued, other than for docks and fuel pumps constructed simultaneously with related support infrastructure including access roads, water and sanitmy sewer, regardless of bonding or other surety. For this x · 'purpose, qnfrastru~' shall .be defined as potable water, sanitary sewer, drainage, and a second paved access road for service and emerc~lency I~urooses. FIRE .. Comments: 14. Emergency access along north side of aparlment building to the north dock is not shown. A fire lane is required. BBCC 9-21. This comment shall be read in conjunction with Paragraph 17 (3.8 of x the Revised Develo0ment Ac~reement. 15. Standpipe/sprinkler system fire department connection is not x shown for the apsrlment building. BBCC 9-6 16. Do~ stand01Oes no farther a0art than 200 feel BBCC 9-8' x POLICE Comments: None ENGINEERING DIVISION Comments: 17. Ail plans submitted for specific permits shall meet the city's code requirements at time of application. These permits include, but are not limit~ to the following: site lighting, paving, drainage, x curbing, landscaping and Irrigation. Permits required from other · permitting agencies, such as FOOT, PBC, SFWMD, DERM, LWDD, DEP and any others, shall be included with your permit recluest. Page 4 Bo!mton Beach Marina File No.: COUS 91~-008 DEPARTMENTS " INCLUDE[ REJECT 18. Pay a fee in lieu of dedication as set forth in Chapter 1, Section 5 x of the LDR$-- 19.' Upon submittal of construction drawings for Casa Loma Blvd. and NE 6a Street, the applicant shall provide a n~ent detailed topographic, data, prepared by a land survey or mgistar~ in the State of Flodda, showing existing conditions of the ama to the south of Casa Loma Blvd. and the ama east of NE 6a $1met. x Design drawings for these areas shall show in detail.how public access, including handiosl~ access, is to be provided to the facilities of the adjacent properties, Including proposed retaining wails, rarn~s, stairs, et~. 20. The City 'and the applicant shall joinity parltdpate in extanding Boynton 8eac~ 81vd. east from its currant point of terminus as outlined In Revised Development Agreement and Ingicetad on the approved plan. II. DR Chapter 4, Section 8.C., Ci~oter 6, Artlcte III, Section 12., Chapter 6, Article iV, Section 10, Chapter 6, x Article IV, Section 10.D., Chapter 6, Article IV, Section 10.B., Chapter 2, Section 11.2.D.] This comment shall be mail in conjunction with Paragraph 17.G.8 of' the Revised Development Agreement. 21 · Locate several handlcap stalls on the north side of Casa Loma Blvd. for accessible mutes to retail and office space and apartment/retail to provide the shortest accessible mute per the x Flodda Accessibiilt7 Code. 22. The applicant shall agree t~ inoorpomte In the dock leasing agreements a stipulation dlsailow~g boat tenants from using the public= parking spaces along Casa Loma Blvd.,NE 6~. ~t., the private roadway west of the residential building and the first floor of the parking garage for their parking purposes. The do¢~ leasing agreements must also stipulate that live abeards a~ not allowed x in accordance with the OEP permit. Provide the City with copies of the pml~osed leasin~ ac~'eemen~ for review and approval 23. The applicant shall agree to incorporate in the leasing agmementa for all retail .uses a stipulation dleailowing retail employees from using the public parking spaces along Casa I.oma Blvd., NE 6 Street, the private roadway west of the msidanttal building and the x first floor of the parking garage for their periling purposes. Provide the City with copies of the proposed leasing agreements for review and 24. The re=uirements of the Florida Accessibility Code shall be met forX . Page 5 Boymon Beach Mariaa File No.: COUS 98-008 DEPARTMENTS INCLUDEI REJECT any proposecl valet parkinc~. ~ 25. Show prop _oSed turning movements on the Site Plan for access ofx CIt7 trash trucks to and from ail ~ml3a~ors and duml3stem. 26. Unless superceded by the Revised Development Agreement, provide the City with the appropriate documents to designate public access and recreational uso easements for 'the proposed public park at the intracoastal' waterway, the pedestrian ~ x between and on the north side of the proposed retail buiidlngs and for the courtyard ama located east of the pmpceed residential buildlnc~, inctudinll a wail<way to the north pmpe~ line of the _.site__. 27...Show proposed public facilitiss on the site plan and construcllon and use detail of proposed designs for the proposed Casa Loam overlook, Casa l. oma Boulevard. and the public cotalyard for review. Plans shall include proposed publl~ emenitles such as x benches/seatlng, trash receptacles, bike raclis, drinking fountains, lighting, lendscal3inc~, etc. '- ' 28. It appears that the proposed site storm drainage system will need to be revised to include the courtyard ama east of the proposed residential building and that this revision will require approval of the DEP. The applicant shall give strong cortsidemtion to the possibility of miocatlng the storm drainage outfall to the basin - located within the property, raffler than the basin at the south of the site, as part of revising the storm drainage permit, This will x increase water quality within the basin and would most likely be supported by DEl=. if this revision is made it will directly affect the installation of the seawall panels, ragardlng pipe penetration through the seawall panels. Provide temporary paddng on site to replace the st=aces temporarily lost in Casa I.Oma Boulevard, sized equivalent to what Is ctm'an~ serving existing uses along Casa l.oma Boulevard and to be expandable to provide required parking for those portions of the project completed plior to completion of project parking ames (no landscape plan required only to include pinking spare markings, lighting, and drainage acceptable to the ~ en~i~_~,_.). 29. Regarding proposed construction of Casa 1.0ma Blvd., NE 6"* Street and the private roadway the applicant should be aware that roadways constructed in muck or peat shall be. constructed in x conformance with Chapter 6, Article IV, Section IO.E. of the City's Land Development Rec~__Lstions.. 30. Casa l.oma Boulevard shall be maintained as outlined in the x Revised Development Ac~reemsnt. Unle-_-_~ sul= _erced__ed by the P~ge 6 Boynton Bench Marina ~=ile ~o.: COUS 98-008 D~AR~~ INCLUDE R~ECT Revis~ Deve~pment Agmemen~ ~e appli~ s~ p~de ~e C[~ ~ffi a Maihtenan~ Ag~ment f~ ~ ~ BNd. in a fo~ a~p~ble to ~e CX~. ~e Main~nan~ ~m~ ~R be mview~ by ~e CI~ ~gin~r, Public Wo~ ~d Utilities p~ to flnali~flon. 31. Sh~ ~e s~ ~h d~ning and garage ~o~ ~ ~ ~e x BUI~ING D~ISlON Commen~: 3~ .'At ~e ~~~, ~b~a ~~ ~ ~~ x 33. Add ~ ~e sh~t ~ Res~ ~ ~ ~ ~e ~ng ~n~on and ~Dan~ ~sffi~on. for ~e pmj~ am in ~mpi~ ~ ~e ~~ s~ in x · e Rodda A~ibi~ ~e ~ B~d~g ~~ ~d ~e F~eml Fair Ho~ ~ 35. At time ~ p~ ~, ~e de~ d~s ~ il~m h~ 36. P~de a min~ ~ f~ ~s~le p~ spa~ ~ ~e no~ Re~um~ ~ Coat,on and ~e F~e~ F~ H~,~!~ ~_ 38. Amend the ~bular ~a~in~ de~ and ~e ~1~ to mfl~ and sh~ x Pag~ 7 Boynton Beach Marina File No.: COUS OEI=ARTllENTS '" INCLUDE[ ~ECT · e ~ number of on~e a~sible pa~ng spa~ ~r-pa~ing ~ge ~ui~ eight (8) a~ible p~ng spa~s whi~ one.(1) shall be sh~ ~d l~el~ da= shall also indi~te ~at ~e on~e spa~ ~il ~u~ fo~ (4) a~ssible spa~s be sh~ and p~d~ at a to~ ~ ~e~e (12) a~ible spa~ represent ~e ~ui~ ~b~ pa~ng ~at is depi~ ~ ~e s~ p~. (1~ ~ number ~ a~sible pang Cons~on. ~uen~m~geme~ p~ ~~ ~ ~e imp~men= lead to ~ b~~ ~e ph~ing p~ ~ ~o des~be ~d Ii~nses ~ ~e ~hlde ~d p~~ a~s shall be sh~ dimensio~ ~m ~e ~ ~ ~d iden~ on ~e s~ p~n ~e se~ d~~ pmpe~ line to ~e le~ing ~ge Page 8 BoT~ton Bea:b Ma'in~ File No.: COUS 98~08 DEPAR~~ " INCLUDE ~ R~E~ ovemang or ~nopy to ~e pmpe~ line. ~e tim rating an~ wai openings Io~t~ on ~e e~efior ~lls ~ ~ buid~gs wi~ ~e ~u~flons sp~ in Table 600 Buiidin~ Co~e. ~ate ~e a~le pa~ for ~e ~ amible ~ng spa~ to · e a~ssible bui~in~ en~n~. PARKS AND RECR~ON . ~mmen~: None FORES~~IRONM~AM~ ~mmen~: None P~NNING ~D ZONING -- ~mmen~: 47. Ch~ge ~ ~ ~1~ In ~on for pa~ng spa~ for ~~. x pa~ng spa~ (~dud~g garage s~a~), ~~ i~ lands~p~ ama (20 ~ f~a~), lands~ ama p~d~ (or using ~u~ ~eda to t~ Page 9 Boynmn Beach File No.: COUS 98-008 DEPARTMENTS - J INCt. UDE RFJECT (10) square feet per space if a minimum of one (1) interior ' shade tree is provided per four (4) intedor spaces). · Add note to' landscape plan stating number of trees (one is required) per 100 square feet of required interior landscaped area. · Continue perimeter hedge along N.E. 6a Street (west side). nort~northeaat of restaurant ~1. · Provide and identify on the landscape plan all .proposed lighting ffxtur~ for both. vehicular and i:~iestrtan areas in accordance with CBD Guidelines and/or Vision 20/20 Study recommendations. · Identify in the landscape plan tabular data, the percentage of retire species Im confirm compliance with tl~ 90% .. requirement. · Add to list of notes on landscape plan the ~ourca of Irrigation water. 49. Comprehensive Plan Policy 1.12.2 requires ~ residential projects in excess of 100 units proposed' within the hun~e evacuation zone be reviewed by the ~:~Jnty'$ Olvision of x Emergency Management~ and that cammants be considered which recjard the Peacetime Emer~ancy Plan. 50. Provide color descriptions for all details including color code on x elevation document. 51. Add turning radlus details within pm'king ~"uctum, and provide, at minimum stacking space for one vehicle at gum~l gate to prevent x blocffincj of ent~ lane. 52, The minimum r~ extension of N.~ 2~ Avenue will be completed prim' 1o C~ttficate of Occupancy of multi*family I~Jiidingo or altmmedve plan for waste removal will be inc~'a~ x which eliminates need to access nord1 side of building (this does not eliminate need to provide for emergency access along rmrth s de of 53. Consistent wi~ revised development agmemant, replace note incllcating that extension of N.E. ~ Avenue, including cul-de-sac, ia by otl'mre, wit~ "developer to constmc~ mad improvements in x accordance ~ mvi~ecl developer's agreement and approved plan". ~4, CXm'i~/whe~er th~ ama~ east of me ~ I.~ma Blvd. cul-de-sac x and sou~ of retail B am sod or paved ama~. 'Page 10 Boynton Beach Marina File No.: COUS 98..008 DEPARTMENT5 INCLUDE REJECT 55. Submit upclatecl lanctscape plans for entire project to sinew compliance with all applicable regulations, internal consistency, and to ind .ude the following changes to the landscape notes found on sheet L$1.00: a. Add, as specified in the "Grades and Standards for x Nursery Plants' Part I, 1963 and Part II, State of Flodda, Department of Agriculture, Tailahassee to the end of not~ 1. b. Remove the word, "No', from tho beginning of note number 19. [Land Development Regulations, Chapter 7.5, Article III - Central Business District Landscabo Code, Sec~, 8.] . 56. For subsequent permit appilcal~ofl, provide sheet A1.01 (lighting detail sheet) and a photometric plan to verify ltmt levels meet Chapter 23, Article II, A.1 and CaD landscape code. AIl types of ectums (wan, bohrds, parking tot) ama x bo energy efficient metal halide. The overall height of the parting area fixture shall not exceed 16 feet. All Ix)lee, flxturee and other site amenities shall be of a grade and quality that will withstand waterfront/marina environment and shall bo consistent Visions 20/20 Redevelopment Plan mcommand~ons. [Chapter 7.5, Article !11 - Central Business Dlstrlot Landscape Code, · Section 8. A. 7. a, b, c and d and 8. a, b, ¢ and d and Design Guidelines of Boynton Beech Central Business District page 2and31 57. Project shall provide a minimum of 50~ 'total parking spaces, including a minimum of 207 sl~ac~ that must remain open and MINIMUM NUMBEI~ OF PARKING spAcE~ 'PROVIDED IN' x RIGHTS-OF-WAY IIt CREI31TED TOWARI3 TOTAL (As pm' development agreement these spaces may bo crudited toward tho on-site parting requirement, provided ttmy am unreserved and available for uso by the 13ubl~) 59 [I. and Development Regulations,' Chapter 2 - Zoning, Soctlofl 11. H. 16. e. (10), Section 6.F-4.b(1Xa), Section 11-.H.16.d(3), and Se~__o~ 11 .H.16.d(1)] -. 58. The applicant's application fee of $1,500.00 for original phase 1 and $353.28 postage fe~ regarding notification of adjacent property ownem, shall bo paid prior to issuance of su~ent x i=ermits or dedt_,~_t~_ from the in_f_'e_~tives for _~i_ministratJve fees. Page 11 Boynton Beach 'la No.: COUS 98-008 DEPARTMENTS INCLUDE REJECT 59. The applicant shall apply for and be issued an environmental review permit-'pdor to receiving an occupational license to sell gasoline. [Land'Development Regulations, Chapter 2 - Zoning, x Section 6. E. lA1 60. The appliCant will dedicate an easement to the city, the land shown on the plans as the north portion of the cul-de-sac located near the east end of Casa I.oma Boulevard. Prior to obtaining signatures on the document and recording the easement document in Palm Beach County, the applicant shall submit a copy of the appropriate document to.the city for review. The x document shall include, but not be limited t~, the developer purchasing, Installing and perpetually maintaining the .. iml~rOvernente. 61. Applicant shall comply with all requirements contained in the development order and revised development agreement, prior to issuance of permits (other than shell pem-~..r~uested prior to x approval of the development agreement) in accordance with the de=_dllnes set therein. ~?_ The mad will be constructed at a minimum elevation of :1=5"6'. X 63. The dumpster enctesum requirements of the City Code wB be temporarily waived for Two Georges Restaurant and Dive Shop x until Casa Loma Boulevard is completed. and compactors installed.. 64. Pursuant to note M on the COnditional use site plan, all utilities am x to be placed underground. Thb requirement is mandated for C~ID by Chapter 2 Zoning, Section 6.E. Early coordination with utility provider~ la reet, n'ener~.de, d. 65. Traffic study was found defldent by Palm Be-ch County. Revise Performance Standard~. City must peseta confirmation from Palm 66. Subma all outstanding documents required for the conditional use site plan including color samplea and codes, light fixtures and other details and landsCaping plans for the original phase 1 to x show co~.~'__L~-tency with remaining portion of site plan. 67. Provide additional right-of-way along west side of NE 6m Street to provide left and right turn lanes with storage capacity to offset x traffic impact by apartment building and to provide efficient circulation. Exl~ansion of dc~ht-of-way to be done with the mutual Page 12 Boynton Beach Mm File No.: COUS 98-008 OE~ARTMENT~ {NCLUDE REJECT unclerstancling Nat expansion may be in excl~ang® for {oss of - rninimat parking spaces. This requirement may be waived {f magnitude of spaces to be lost am unaccaptable to the city, and if traffic analTsis justifies maintaining roadway as curmntty proposed (formerly ~5~. I ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS ADDITIONAL CITY COMMI$81ON CONDmON8 69. Revisecl 8/11/99 4:45 pm ' MWR/dim LEFT IN'n~ONALI.Y BLANK INTENTIONALLY LEFT BLANK EXHIBIT "]" INTENTIONALLY LEFI' BLANK EXHIBI'r "K" EXHIBIT "L" HOLLAND & KNIGHT LLP P. O, 8~ 14070 (ZIP 3~.~2-4070} L~ ~ m~lA'l.g~ Mr. ~~ Greene Developmea~ Dh. ec~ City of Boynton Beach 100 E. Boynton Beach Boulevard Re: Ma6-~ V'flla~ at Boyn~on Beach Dea~ M~. Greene: We represent TRG-BoTn~on Beach, L~t. ('"i~G"), the owner of proper~ bein~ developed as Marina Village at BoTnton Beach. As 7ou are awa~e, a previous owne~ of the subject propez%7 entez~d in~o a Second Re~ed Development A&~eement dated June 6, 2000 ("A~ment"), w~th ~e Cit7 of BoTnton Beach, Florida ("CIV'), rela~ing to the development of the proper~ The A~reement has become obsolete due to the fact that the development contemplated b7 the A~reement d/d not occur, and the dead/ines £o~ completh~ those development obli~/o-- were never met. In pre~4ous discussions Cit7 of~cials z~~ the A&~eement, a consensus wa~ re~ched that l~e and development of ~ subject properS7 being proposed b~ TRG ~s substantial/7 dJ~eront than the ~ and proposed development contempla~d A~'eement. Greene Accordin~Iy, TRG requests that the City Commission take appropriate action to terminat~ the A~reement as a matter of record. Such terra,nation should be .expressly conditioned on the survival of the matters set forth in the letter from James A. Cherof, City Attorney, to The Related Group and AERC of tFn~nia, Inc., dated December 30, 2002 (copy attached). If po~ible, ple.ase schedule ~h~ request for City Commission consideration at it~ meetin~ on April 15, 2003, at which other matters relatin~ to tile proposed development of Marina Village at Boynton Beach will also b~ considered. TB___--~ you for your cooperation. Sincerely, End. ~ ,lame~ A. Cheref, CiBr Attorney (w/end) December 30, 2002 Via Hand Delivel[y The Related Group ABRC of Virgiaia, Inc. Re: Request for F.~togpei hafor~Son/Matina Village C, entle,~.n · The City has received the December 30, 2002 vn'iltcn ~l. ucst of The Related Group and AERC of Virginia, Inc. for an estoppel letter detailing the m:nounts spent and unspent by the City of Boynton Beach under the Second Revised Development. More specifically, you have asked the City: Specifically, please confirm that $$9,424.22 have been spent on behalf of City water and s~er fees, which are credits which run with the Project and are transferable to a successor owner of the Project and shall survive any termim~n of the Development Agreemen~ Response: The Ci~y hun_ paid on behalf of the Developer $13,570.99 for retail coramercial water and sewer impac! and connection fees, $25,853.23 for restaurant water and sewer impact and connection fees. The~e fee~ are transferable to a succe~or owner of the Project and ahail survive any termination of the Development Agreement. In addition, please confirm that $162,$00 have been spent towards City, State and County permit fees, and please confirm tke l~ortton of this amount which was fald to the County for impact fees, and the Chy shall eoap~ate wttlt the developer and support wi~h the County a successor owuer'8 credit for these fee. ,41so, please con. th'm that the City Commission shall consider as a policy deci,rion giving a successor owner of the Project tt credit (which credit shall survive any termination o/the Development Agr~O against future permit fees for the pordon of this amount which was patd to the City, and please confirm that amount, and City staff shall fttvorably recommend such actlot~ Re~pon~e: The City has paid: To Palm Beach County, on behalf of the Developer, $122,688.85 in road impact fees and $n.802.91 in public buildiag f~. It i~ the City's tmdm'standin8 that under County .,- ~=~ma~on~ mc/ ', '~ rtm~ w~ the property. Co.6m.. ~ of that policy should be obtained f~om tN.. vtmty. Major modi~o~ to the appr~¢ed site plan ca~ re~elt in fee ! adj~tm~mt To tho State of Florida, $138.70 ia BACI~ and $138,70 for Radon p~mit fe~. Confirmation oftra~n_ferability should be obtained fi'om the State. To the City of Boy, ton Beach $34,726.38 for building permit r~V~-w fees. The credit is transferable. No r~fund is available for voided pc'rmi~. Also,, Rle~a confirm that no oth~ ttmounts have be~n spent by the C~ or ~ ~a ~d o~g under th~ bond or ~ D~opm~nt A~e~m~t o&~r ~an thos~ s~ fo~h ~ov~ R~go~: ~e CiW ~ ~d~ $201,919.76, w~ch ~clud~ ~e ~o~ sho~ above. ~e ~j~ ~ ~b~ by a CiW ~ for &~ ~,380.00, w~ch is s~ ~ b~ ~ C~ ~m a s~c~r ~, ~d r~m ~ ~g bond ta ~C. R~: Y~. TOTPt_ P. 05 F. Mar in Perry & Associates, P.A. May S, 2003 HAY 9 2003 DEPARTMENT 0F D~ELOPMENT J~es ~ Ch~, Esq. ~a F~imile: ~1E42~0~ Ci~ ~ Boron Be~ 954~71-2~3 100 E. Boron Bea~ Blvd. P.O. Box ~10 Re: T~ ~ges Res~t vs. Ci~ ~ Boynton Bee~ Case No. CL ~05 AG Dear Jim: As you know, this firm represents DSS Properties, Ltd. and DSS Management, Inc. d/b/a/ Two Georges Restaurant. I have been advised that the City Commission recently approved the Major Site Plan Modification submitted by the Related Group for the Boynton Beach Marina project. As a result, my client requested that I review the proposed modifications as they relate to parking, to determine whether the proposed modifications are consistent with the Court approved settlement of the above case. I have concluded that the current parking modifications do appear to ignore the terms of the Me~liation Agreement. For your convenience, I am attaching copies of the Amended Mediation Agreement, dated June 12, 2000; the Court Order. dismissing the case and retaining jurisdiction to enforce the Amended Mediation Agreement; and portions of the Second Revised Development Agreement, recorded on August 28, 2000 at ORB 11980, PG 492, Public Records of Palm Beach County. The Amended Mediation Agreement clearly contemplated amendments to the Development Agreement such that it would be consistent with the settlement among the parties. The resulting Development Agreement, the Second Revised Development Agreement, provides, in part, that: · 7. DEVELOPER shall provide a minimum of 505 parking spaces, 207 of which must be open and unreserved for public use (Of these 207 spaces, 5,9 are on Casa Loma Boulevard and N.E. 6~ Street. The City is granting to the Developer the use of these 59 public spaces as a credit toward his obligation of 207) .... ' Emphasis added. James A. Cherof, Esq. May 8, 2003 Page 2 of 2 The foregoing paragraph of the Development Agreement also contains a footnote referring to the August 1999 City Commission haadng, during which the parking issues were extensively discussed and the Commission voted to approve the above parking arrangement. I have reviewed of the minutes from the April 15, 2003 City Commission meeting and the resulting conditions of approval for the Developer's current site plan. I have not yet been able to review full size plans showing the parking arrangement; however, it appears that the resulting approval does not specifically require the developer to leave spaces open and unreserved for public use as is required by the Development and Mediation Agreements as previously stated herein. If I am incorrect in this regard, please provide evidence to the contrary. The minutes of the meeting reveal that parking continues to be a significant concem to area businesses and City residents. My clients are also greatly concerned about the lack of available public parking for their customers. Of additional concern in this regard is that the developer has apparently requested that the existing Development Agreement for the project be dissolved. My client strenuously objects in that dissolving the Second Revised Development Agreement violates the requirement in the Amended Mediation Agreement that the Development Agreement be consistent with the settlement among the parties. Therefore, I hereby request copies of all documents related to the developer's application or request for a hearing on this matter and further request that I be notified of any meetings or hearings in this regard. As you know, the Court has retained jurisdiction over the enforcement of the settlement. We are hopeful that we will not have to resort to re-opening this litigation; however, my client has grave concerns that the project, as proposed, will detrimentally affect the parking available to its customers. Please call me as soon as possible to discuss this matter in greater detail. Very truly yours, F. Martin Perry Enclosures cc: Bill Scaggs, Jr.- via facsimile: 561/620-8189 Steve Scaggs - via facsimile: 301/208-8037 TDTPJ_ P. 02 IN I'ItZ CIRCUIT COUR? OF TI~ ImiTRKNTIt ~TDICIM, CIRCUIT OF CO~, ~ A~ON · . C~ NO. ~ 9~05 AG D~S PROP~~ L~. DSS ~A~~ gD ~DI~O~ 2 used for ~ cons~on ora dedc ~1 may not ~ c.,~ted ~ o~=~p~ o.~.Z.: .... [~. ? ~'~ ~~ ~ ~ s ~ ~g (one bo~ o~ --,-,_,_ .... -'--; ~ ~ ~ar I~ lxm~om oL'("-~, r wmcnmalll~eOWlledbv(-,,,,.;. ,.a ,.,_.-.:_ _,._,;¥---_ ..--T'--"~.. which ,.-.---- -,--.-- '--- -'"'~ "~ own warm me consent of Two ~e ~c~e . _. . . r~ w~l ~m~ l.,On'm ..~_, _ . . _ . ___._ _, _ own, ~nbject to the n~ht to have reslzurnnt tables ,, ~ _=,_. .... Overlook detail shown m the 1/I7/00 see othm). 'ac pma (aot iacludinl ~1~ which may be inmlled by IYI7/(M) ~ plaa. '---'---, -=-, ap buiidia~ t~ the So · ' · ,,,,,,,~,,..,,-. . , _ . ~ wtxof'GarciasNonh~iine. pmm:~ are not advemel}, ~ ail as omlined use the easement area es pert of thc proposed"Bo~mn Pmmcnade'; ~o which the publ/c shall have eccees. t. Cuem Garda e. noacxclusive rec/procal ~azk/n~ ~-~ss ami enms~ ~ utility, mau~cmnce and co--on easemem for fl~ pordon of Casa Loma Boulevm/wb/ch shall be owned by TWo ~ end Two C~or/cs ~ not to chen~ ~ port,on of Casa Lom~ Boulevard.which it shall own withou~ the Two Cn~es will ~u~ to the public the noncxcl~e ri~h~ of in,ss md e~ess over t~ Pon/on of Cesa L,n~ Boulem, d wi/ch it st~l own, subjact to the ri~to onflm 1/17/00 sitephn. A/~cou~uc~a TWo ~ shaiI~ ~ coa ofme/n~ence of Cese Lorn Bouleverd. Any ~ epplicuiou by TWo ~ to emend the sM~'oved Site Phn in ammmerwhich aite~ the dmi~, of 2. W'dl be ~le for th~ pzymeu~ ofall co~ ~ w/th/mln, ovement~ to 3. A~'ees ~o the confutation of the Umewund and Casa Loma Overlook shown on the ~17/00 ~te phu, =~d will pa7 $0% of thc cost of thc ebove-/nn~ ~ end eball pay ~0*A of the cost of the sssoc/a~ seew~ (which seawsll ce~ w~ $I0,629), le~ a credit of $I,300, all ofwbich sl~dl be pe/d to the C'gTwithin C~ upon complain of such improvemans. All pert/es w/Ih completion of the abaadom~ant of Casa Loma Bouleve~ ~he couvef, nce of ~ ~ ~ ~ m ~ ~~ ofBo~ B~ Bo~ m ~ ~ ~ ~p~ ~ ~ o~ ~ ~ ~~ of~ ~ ~ Two cTF~ oF I~Yh'TON BF.&G'H (a) c~mpie~on of all of the improvements depicted ~ ~) ~OPER giving wd~en ~ ~ ~e C~ of ~do~ent ~ the 61TE P~N. it is ackn~ged ~at ~nor ~~ of the SI~ P~ or e~n~on~ the PROJECT. approved ~ ~e C)~, shaE ~t ~ d~ an abdomen. g.-~ :QEVELOPMENT U~E~. ~"~e f~g us~ ~ve b~n ~v~ by the ~ ~mm~n: ~ ~' O 29.302 s~e feet ~ ~-~o~ offi~m~ ~ ama 5. A ~a ~[den~ apa~ent ~td~ of 8 eet h he~ ~ ~an ~ DE~OPa~ p~ea ~n~m of 505 ~g ~ ~' of ~ 59 are o~~ ~1~ ~ N.E ~ ~ ~e Ci~ · ~d h~ a~Uon ~7~FJo~i~ here~ ~ ~t ~e City from met~ ~ pm~i~ m~ons on ~ pa~fng s~s D.4.~(2) I~ Oty Co~ion ~uc~ ~ r~ui~ p~lic ~.[s~ m 207. ' ¥~ t0.o ,.~ . TOTRL P. ~ IX. - CZTY MANAGER'S REPORT CITY OF BOYNTON BEACH ITEM C AGENDA ITEM REQUEST FOR,,. Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] April l, 2003 March 17, 2003 (Noon.) [] June 3, 2003 May 19, 2003 (Noon) [] April 15, 2003 March 31, 2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) [] May 6, 2003 April 14, 2003 (Noon) [] July I, 2003 June 16, 2003 (Noon) [] May 20, 2003 May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Receive and review the enclosed annexation report relative to Boynton Beach enclaves and provide direction to staff'. EXPLANATION: The enclosed report is based on the December 2002 Palm Beach County Enclave Report wherein the county identified a number of enclaves surrounded on three or more sides by one or more municipalities for possible annexation. PROGRAM IMPACT: Depending on direction, possible expansion of city boundaries and the inclusion of additional population FISCAL IMPACT: Depending on direction, possible increase in tax base as well as unknown additional costs to provide services to the newly annexed areas. ALTERNATIVES: N/A Department of Development City Attorney / Finance / Human Resources S:~BULLETIN~FORMS~AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT MEMORANDUM NO. PZ 03- 018 TO: Kurt Bressner City Manager FROM: Michael Rumpf Planning & Zoning Director THROUGH Quintus Greene t~!i0~I/i0 Director of Development DATE: April 21, 2003 SUBJECT: Boynton Beach enclaves Enclosed please find an inventory of enclaves within the city with the relevant development and demographic data and a companion map. These documents come from the Palm Beach County Enclave Report of December 17, 2002. Not listed is the Thomson Road enclave, located west of the High Ridge County Club, between Boynton Lakes North PUD and the E-4 Canal. This enclave is developed with 13 single family homes and an auto parts store. Please note that the Miner Road parcel, although listed (coded BY-6), is not shown on the map. The county's report identifies three types of enclaves: · Single - enclaves surrounded on all sides by single municipality; Multiple - enclaves surrounded on all sides by more than one municipality; and · Pocket - areas that are surrounded on three sides by a municipality Boynton Beach has 8 single enclaves, 6 multiple enclaves and 4 pockets (including the Thomson enclave and the Boynton/Delray enclave on Federal Highway). Please note that most enclaves are greater than 10 acres in size. Annexation of land is governed by Chapter 171 of Florida Statutes; the current definition states that an enclave must be surrounded on all sides by a single municipality. Annexation of enclaves of more than 10 acres must involve a referendum of the registered voters of the area to be annexed and, if the total area to be annexed increases the total area of the City or the municipal population by 5% or greater, the referendum must be submitted to the electors of the city. Chapter 171.046 covers provisions for expediting annexations of enclaves of 10 acres of less. Such annexations may be processed through: · Interlocal agreement · Municipal ordinance coupled with a referendum passed by 60% of the enclave registered voters, if the number of registered voters is fewer than 25. A municipality may also propose a special legislative act. On September 25th, 2002, the Palm Beach County Board of County Commissioners (BCC) and the Palm Beach County League of Cities Board of Directors held an Annexation Policy Summit to discuss issues related to annexation. At the Summit, the BCC directed County staffto develop an enclave bill that would identify enclaves to be annexed into cities by a certain date, and to address other issues related to annexation. The bill has been drafted, but the BCC decided not to pursue it. Attachments G:hMEMO ENCLAVF.3.DOC 2 3AV OIINV'llV M ..... T.~ .L~ Jq.L'P A V~I'I3Cl as va, ] H'3R8 HOV3E1 NO1 ~1- n cia v&e PocketsBill n cia v e s lh--] I~111111' "1,'''',~"' ' Enclave Existing Land Uses N [----'~ Single Family Institutional Agriculture ~ Comm. Districts ~ CCRT Areas Multi-Family Transp./Utilities Conservation [ .....i Unincorporated - ' County Parks Mobile Home Commercial Rec./Open Space L~ Municipal Mixed Use Industrial ~ Vacant Planning, Zoning & Building 100 Australian Avenuo All Right Reserved - Subject to a License Agreement Revision Date: 12/10/02 W~ml. Palm Beach, FL 3340~ Note: Map is not official, for presentations purposes only, Copyright Palm Beach County FIo~da, 2002 Filename: N:tDivision\EncResearch~RptSm Phom~ (561) 233-5300 ZX. - CZTY MANAGER'S REPORT CITY OF BOYNTON BEACE ITEM O AGENDA ITEM REQUEST FOI vl Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates. in to City Clerk's Office Meeting Dates in to City Clerk's Office [] April 1, 2003 March 17, 2003 (Noon.) [] June 3, 2003 May 19, 2003 (Noon) [] April 15, 2003 March 31,2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) [] May 6, 2003 April 14, 2003 (Noon) [] July 1,2003 June 16, 2003 (Noon) [] May 20, 2003 May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon) [] Administrative [] Legal NATURE OF [] Announcement' [] New Business AGENDA ITEM [] City Manager's Report ~] Presentation ' ~ Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Motion to accept the Procurement Services slide presentation on "The How To's of Bid Preparation" for informational purposes. EXPLANATION: Various questions have arisen from Commission in regards to the competitive bid solicitation process. This Microsoft PowerPoint slide presentation was developed to assist in clarification of the procedures used by the City in the solicitation of bids. The slide presentation shows how the bid specifications originate from the departments, are "fine tuned" in Procurement Services, reviewed by Legal Services, advertised through various sources, evaluated to technical specifications, and submitted to Commission for award. PROGRAM IMPACT: The bid process provides savings to the City based on competitive solicitations. FISCAL IMPACT: The competitive solicitation of bids provides annual savings to the City. Most of the bids are awarded to the lowest, most responsive, responsible bidder generating the savings. Deputy Director of Financial Services ' City Manager's Signature Procurement Services Department Name City Attorney / Finance / Human Resources S:~BULLETIN~ORMS~,GENDA ITEM REQUEST FORM.DOC Iii ~ ~~ ~ o moa= c~ ~- 0 ~ 0 0 '-- _cz .-- ~- n~ r- "0 0 .~ ~ ~ kk~ iJ.l IJ_ Iii111 ..11 Il&il kill Ilki IX. - CITY MANAGER'S REPORT CITY OF BOYNTON BEA£ ITEM E AGENDA ITEM REQUEST FOgav Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates _ in to City Clerk's Office Meeting Dates in to City Clerk's Office [] April 1, 2003 March 17, 2003 (Noon.) [] June3, 2003 May 19, 2003 (Noon) [] April 15, 2003 March 31, 2003 (Noon) [] June 17, 2003 June 2.2003 (Noon) [] May& 2003 April 14, 2003 (Noon) [] July 1, 2003 June 16, 2003 (Noon) [] May' 20, 2003 May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfmished Business RECOMMENDATION: Recommended Capital Project List as discussed at City Commission Workshop of June 10, 2003. Approval by resolution requested. EXPLANATION: As a follow-up to the City Commission Workshop session on April 28, 2003, the City Commission met again on June 4th to finalize a list of possible capital construction projects. The City Commission reviewed staff recommendations and their own priorities and assembled the following list of projects along with a recommended funding mechanism: Projects Using Non-Referendum Bonds Construction Greenway / Bikeway $ 1,000,000 Jaycee Park Acquisition/Development $ 2,500,000 Nautica Park $ 200,000 SW Boynton Park & Community Center $ 3,040,000 Wilson Center Replacement $ 1,496,500 Wilson Park Improvements $ 379,500 Sub-Total $ 8,616,000 Projects Using Referendum Bonds Art Center Second Floor Expansion $ 1,180,000 Library Expansion $ 6,120,000 Senior Center Phase II $ 1,950,000 Wilson Pool $ 1,350,000 Sub-Total $ 10,600,000 S:\BULLETIN~FORMS\AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM The vrojects listed above were part of a non-utility capital project list totaling $58.3 M. It is not possible for all of these projects to be constructed, hence the priority listing as recommended by the City Commission on June 10, 2003. PROGRAM IMPACT: The projects recommended by the Commission at the workshop meeting represent a balance of programs and impact for the community. The Commission took careful note of staff recommendations for certain infrastructure replacement projects as well as new facilities for the community. FISCAL IMPACT: The non-referendum bond projects totaling $8.6M would be funded via a bond issue with debt service being retired t~om the Public Service Tax. The staff reported that a maximum of $12 M could be borrowed using this source (based on a 10 year pay back schedule). The Commission is opting for a lesser amount to allow other projects to move forward under the auspices of a future City Commission. The referendum bond issue amount for the recommended projects totaling $10.6M would represent a tax increase of approximately ½ mill on the City's total tax rate. The Commission was advised by staff that a one mill tax rate by referendum was possible, however the Commission is recommending a more conservative approach, again providing future bonding capacity for a future City Commission for capital projects they deem appropriate. It should be noted that the City Commission should review the timing and manner of the referendum as follows: 1. Mail Referendum - October 2003 $30,000-$60,000 based on early estimates by County* 2. Conventional Referendum- October 2003 $30,000 3. Conventional Referendum - November 2003 (with City Election) $10,000 (plus $30,000 for election) * Staff will review this with other communities that have used mail referenda to obtain costs. ALTERNATIVES: Do not proceed with the projects as recommended; provide an alternate list and funding mix. Department Head's Signature I,- ~'ity'Maf~ger's'S'q'gnature Department Name City Attorney / Finance / Human Resources S:\BULLETIN\FORMSV~GENDA ITEM REQUEST FORM.DOC IX. - CITY MANAGER'S REPORT ITEM E RESOLUTION NO. 03- A RESOLUTION O F T HE CITY O F BOYNTON BEACH, FLORIDA, APPROVING A CAPITAL PROJECTS PRIORITY LIST AND EXPRESSING INTENT TO SEEK REFERENDUM APPROVAL FOR THE ISSUANCE OF GENERAL OBLIGATION BONDS SECURED BY AD VALOREM TAX REVENUE, AND NON- REFERENDUM BONDS SECURED BY PUBLIC SERVICE TAX REVENUE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission conducted a workshop meeting o n Ju ne 10, 2003, to review and prioritize proposed capital projects and discuss financial alternatives to ensure funding of those projects; and WHEREAS, the City Commission reached consensus regarding the use of referendum and non-referendum bond proceeds to fund selected projects; and WHEREAS, the City Commission reached consensus regarding the priority and bundling of projects to ensure their timely completion; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. Each Whereas clause set forth above is hereby ratified as being true and correct and incorporated herein by this reference. Section 2. The City Commission authorizes a referendum election to determine if a majority of the City's electors are in favor of issuing general obligation bonds secured by ad valorem tax revenue to generate funds for the following projects: S:\CA*~RESO~,dminisU'ative~Capital Project List\Capital Project Reso.doc PROJECT AMOUNT Art Center Second Floor Expansion $ 1,180,000 Library Expansion $ 6,120,000 Senior Center Phase ri $ 1,950,000 Wilson Pool $ 1,350,000 Section 3. The City Commission authorizes the issuance of bonds secured by public service tax revenue to generate funds £or the following projects: PROJECT AMOUNT Greenway / Bikeway $ 1,000,000 Jaycee Park Acquisition/Development $ 2,500,000 Nautica Park $ 200,000 SW Boynton Park & Community $ 3,040,000 Center Wilson Center Replacement $ 1,496,500 Wilson Park Improvements $ 379,500 Section 4. The Commission intends to adopt subsequent resolution(s) as required by Section 100.211 Florida Statute, when the actual date of referendum election is established, or as otherwise required to implement the issuance of referendum and non-referendum bonds. Notice of the referendum election shall be provided in accordance with Section 100.342, Florida Statutes. Section 5. The City Manager and City Attorney are authorized to take such action as is necessary to implement the intent of this Resolution, including, but not limited to, retention of bond counsel. Section 6. This Resolution shall take effect immediately upon passage. $:\CA\RESO~Aciministrat]ve~Capital Project List\Capdal Project Reso.doc PASSED AND ADOPTED this __ day of 2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk S:\CA~RESO~Administrative~Cal~tal PrOfect List\Cal~tal Project Reso.doc XlI. - LEGAL CITY OF BOYNTON BEA ITEM A. 1 AGENDA ITEM REQUEST Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] April 1, 2003 March 17, 2003 (Noon.) [] June 3, 2003 May 19, 2003 (Noon) [] April 15, 2003 March 31, 2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) [] May 6, 2003 April 14, 2003 (Noon) [] July 1,2003 June 16, 2003 (Noon) [] May 20, 2003 May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the June 17, 2003 City Commission Agenda under Legal, Ordinance - Second Reading. The City Commission with a 5 to 0 vote, approved the subject request under Legal Ordinance - First Reading on June 3, 2003. For further details pertaining to the request, see attached Department of Development Memorandtun No. PZ 03-105. EXPLANATION: PROJECT: The Arches (LUAR 03-003) AGENT: Nancy C. Graham, Urban Principles, LLC OWNER: Contract Purchaser - Boynton Ventures 1, LLC LOCATION: Multiple blocks beginning at the southwest corner of Ocean Avenue and US-1. DESCRIPTION: Request to amend the Comprehensive Plan Future Land Use Map from Mixed Use (MX) to Mixed Use Core (MXC). For mixed use development (commercial and residential). PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A J~ ~n/~ L__ _ ~ Deve~dl4m~nt Department Director City Manager's Signature - / Planning af-(d Zohing Director City Attorney / Finance / Human Resources S:LPlanning~SHARED\WP~ROJECTS'~kRCHES ~ BB\LUAR\Agenda Rem Request The Arches LUAR 03-003 Amend 6-17-03.dot S:~BULLETIN~ORMSLa, GENDA ITEM REQUEST FORM.DOC ORDINANCE NO. 03- O I q AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING PROPERTY LOCATED AT THE SOUTHWEST CORNER OF OCEAN AVENUE AND U.S. 1 (THE ARCHES PROJECT); AMENDING ORDINANCE 89-38 BY AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY FOR THE PROPERTY MORE PARTICULARLY DESCRIBED HEREINAFTER; THE LAND USE DESIGNATION IS BEING CHANGED FROM MIXED USE (MX) TO MIXED USE-CORE (MX-C); PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. 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 Comprehensive Planning Act; and WHEREAS, the procedure for amendment of a Future Land Use Element of a Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and WHEREAS, after public 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 CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1: The foregoing WHEREAS clauses are true and correct and incorporated herein by this reference. Section 2: Ordinance No. 89-38 of the City is hereby amended to reflect the S:\CA\Ordinances\Planning\Land Use\The Arches - Mixed Use Core.doc following: That the Future Land Use of the following described land shall be designated as Mixed Use-Core (MX-C). Said land is more particularly described as follows: SEE ATTACHED EXHBIT 'A' Section 2: That any maps adopted in accordance with the Future Land Use Element shall be amended accordingly. Section 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 4: Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 5: This Ordinance shall take effect on adoption, subject to the review, challenge, or appeal provisions provided by the Florida Local Government Comprehensive Planning and Land Development Regulation Act. No party shall be vested of any fight by virtue of the adoption of this Ordinance until all statutory required review is complete and all legal challenges, including appeals, are exhausted. In the event that the effective date is established by state law or special act, the provisions of state act shall control. FIRST READING this ~ day of ,,Ju, r~, ,2003. $:\CA\Ordinances\~lanning\Land Use\The Arches - Mixed Use Core.doc SECOND, FINAL READING and PASSAGE this ~ day of ,2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk (Corporate Seal) S, \CA\Ord£nances\Plam~ing\Land Use\The Arches - Hixed Use Core.doc 1, 2..3,4,.I, 11. 12MD 13, ALL. IN 91.DCK 7, 11~ MUCmI~ IOW~ COUUENC~O AT THE INTERSF, GTION OF THE CEHTERUNE DF AVENUE: W~m THE CEHTERUNE OF F'B~ERA~ HK~IWAY ~STAT[ RC~D NO. 6. US HIGHWAY NO, 1:)(100 FOOT THENCE NORTH ee'~,'27' wEST ALONG S~ID ~ UNE OF O(:EM AVENUE. ,t0.~1 FEET; 8Fu?dNNiN~ soum u,r ~ suo BUICK ?. s,w; BeN= TH,' 7. A OISTANCE OF 335,01 FEEl'; SND lOT 11. BL.DCX 7; 11, A Om'ANC~ OF ~00.0~ ~ TO ~ CENTERUNE OF SM) PLATJ'B] 20 FOOT ~DE ,U/.E~. TO ~ ~ UN[ OF LDI' ,5 EX~NOED TO 'rile CE]~E]~II~ OF' SAID THENCE NORTH 00~'09" EAST ALONG SAID SOUTHERLY EXTENSION AND ALONG THE WEST LINE OF SAID LDT ~ A Di~,MI~ OF 12&.~2 THE RIGHT-OF-WAY FI~ L,ME: STREET, N. SO IOKTffN AS ~ ROAD S. ALSO KNOWN AS U.S.J. IIOiMAY NO,1. TOGE'tl.E~ WTn.I THE ~ SOUTH eO FE/T OF I.D~ e ~ 14, LES~ *II, IE W~T S. O0 FOR Mm*n-oF-wAY. MID 4.3O ~ ~ RIGHT-OF-WAY FOR RO~ 5. ~ KNOWN AS U,I. HII~MAY NO. 1. MJ. IN BLOq( 12, CC~ORDING TO THE FLAT THEREOF ~ IN IR.AT BOOK ,,,~ 11 OF SAID I:R.IBLIG RE:CORD~ ~J~OUNTY. F'TJ3Afl~. C~NTNNING A COkE=UT~ NO' ~ OF 150,112 ~wu~ FTZT (3~a 4:n~s). uon~ o~ DEVELOPMENT DEPARTMENT PLANNI'NG & ZONING DZVZSTON MEMORANDUM NO. PZ 03-105 (Amended) TO: Mayor and City Commission FROM: Dick Huds~ Senior PlanA~e'r '- THROUGH: Michael W. Rumpf Director of Planning and Zoning DATE: June 4, 2003, 2003 PROJECT NAME/NUMBER: The Arches at Boynton Beach (LUAR 03-003) REQUEST: Amend the future land use from Mixed Use to Mixed Use-Core and rezone from CBD Central Business District to MU-H Mixed Use-High :[ntensity PRO3ECT DESCRZP'~ON Property Owner(s): MGR of Palm Beach, ]~nc. Dolphin Bar, :[nc. Prime Plaza, :[nc. Christiane Francois and Marisa G. Ritts Applicant/Agent: Boynton Ventures 1, LLC/Nancy C. Graham Location: Southwest corner of Ocean Avenue and Federal Highway, extending south to SE 2nd Avenue and west to SE 4~ Street (see Exhibit "A'g Existing Land Use: Mixed Use (MX) Existing Zoning: CBD Central Business District Proposed Land Use: Mixed Use-Core (MX-C) Proposed Zoning: Mixed Use-High Intensity (MU-H) Proposed Use: Mixed use development consisting of retail commercial, office and residential uses Adjacent Uses: North: Right-of-way of East Ocean Avenue then developed commercial uses classified MX Mixed Use and zoned CBD Central Business District Page 2 File Number: LUAR 03-003 The Arches at Boynton Beach South: Right-of-way of SE 2nd Avenue then developed commercial designated LRC Local Retail Commercial and zoned C-3 Community Commercial East: Right-of-way of Federal Highway then developed commercial designated MX Mixed Use and zoned CBD Central Business District West: On the northwest, developed commercial designated MX Mixed Use and zoned CBD Central Business District. On the southwest the right-of-way of SE 4m Street then developed commercial designated MX Mixed Use and zoned CBD Central Business District. PRO.1 ECT ANALYSZS The parcels, which are the subject of this land use amendment, total 3. 515 acres. Because of the size of the property under consideration, the Florida Department of Community Affairs classifies this amendment as a "small scale" amendment. A "small-scale" amendment is adopted prior to forwarding to the Florida Department of Community Affairs and is not reviewed for compliance with the state, regional and local comprehensive plans prior to adoption. The criteria used to review Comprehensive Plan amendments and rezonings are listed in the Land Development Regulations, Chapter 2, Section 9, Administration and Enforcement, Item C. Comprehensive Plan Amendments: Rezonings. These criteria are required to be part of a staff analysis when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Map. a. Whether the proposed rezoning would be consistent with applicable comprehensive p/an po#c/es including but not//m/ted to, a prohibition against any increase in dwelling unit density exceeding 50 in the hurricane evacuation zone without written approval of the Palm Beach County Emergency Planning D/v/s/on and the City's risk manager. The planning department shall a/so recommend limitations or requirements, which would have to be imposed on subsequent development of the property,/n order to comply w/th policies contained/n the comprehensive p/an. The proposed rezoning is consistent with the applicable Comprehensive Plan policies and directions. The requested land use designation and zoning provide the developer greater intensity and flexibility for development than do the current land use designation and zoning. The Mixed Use-Core land use designation and the Mixed Use-High Tntensity zoning district were adopted in response to directions in the "Federal Highway Corridor Community Redevelopment Plan"and are consistent with the recommendations of that study. While the land area currently designated for this use is relatively small (+19 acres) it has been the City's intent to expand the area on a project-by-project basis in order to review land use compatibilities and control the potential impacts to the City's service delivery systems until adequate capacity exists concurrent with demand. b. Whether the proposed rezon/ng would be contrary to the established land use pattern, or would create an isolated district unrelated to adjacent and nearby districts, or would constitute a grant of spec/al priv#ege to an individual property owner as contrasted w/th the protect/on of the public we/fare. Page 3 File Number: LUAR 03-003 The Arches at Boynton Beach The proposed rezoning would not create an isolated district but would relate to other properties in the downtown area that are currently or will be a part of the revitalization of the area. c. Whether changed or changing conditions make the proposed rezon/ng desirable, and,- e. Whether the proposed rezoning would be compatible with the current and future use of adjacent and nearby properties, or would affect the property values of adjacent or nearby properties. The addition of the two mixed use land use designations, Mixed Use and Mixed Use-Core, and the accompanying Mixed Use/Low-l:ntensity and Mixed Use/High-:Intensity zoning districts have provided greater options for development and redevelopment in the downtown area than was possible with the CBD Central Business District zoning. The flexibility includes additional density, building height, and setback requirements. Furthermore, this rezoning and the resulting development would move the city a step closer to realization of its expressed vision of an urban downtown environment. d. Whether the proposed use would be compatible with uti#ty systems, roadways, and other public fac#it/es. The Palm Beach County Traffic Division has reviewed the application and responded that the project meets the Traffic Performance Standards of Palm Beach County. Prelimina~ estimates show that the project's demand for water flow will be approximately 129,438 gallons per day. Water Utilities has stated that the City has unreserved capacity remaining. With respect to solid waste, in a letter dated December !8, 200:~ the Palm Beach County Solid Waste Authority has stated that adequate capacity exists to accommodate the county's municipalities throughout the ].0-year planning period. The School District of Palm Beach County responded on April 11, 2003 that they have reviewed the application and has determined that adequate capacity exists to accommodate the resident populaUon. Lastly, drainage will also be reviewed in detail as part of the review of the conditional use application, and must satisfy all requirements of the city and local drainage permitting authorities. f. Whether the property is physically and economically developable under the ex/sting zoning. The property is currently developed and could be redeveloped using the existing land use designation and zoning; however, because of the limitations found in the CBD Central Business District zoning regulations, the resulting redevelopment would not be consistent with the vision for the core of the City as expressed in the "Federal Highway Corridor Community Rede ve/opment Plan". g. Whether the proposed rezoning is ora scale which is reasonably related to the needs of the neighborhood and the city as a whole. Criteria for evaluating the benefits of the proposed development to the needs of the neighborhood and the City include service demands, density, use, value and consistency with Comprehensive Plan policies. As indicated above the project is consistent with the Comprehensive Plan and the Federal Highway Corridor Community Redevelopment Plan, ample Page 4 File Number: LUAR 03-003 The Arches at Boynton Beach capacity exists to meet the service needs generated by the proposed project, and it will serve to provide an economic contribution to both the neighborhood and the City. h. Whether there are adequate sites elsewhere in the city for the proposed use, in districts'where such use is a/ready a/lowed. The area of the City presently designated for Mixed Use Core land use contains only +19 acres, including the present Marina site. This is not enough land to create the cdtical mass necessary to underpin the redevelopment envisioned for the City's downtown. The addition of this property will provide a valuable contribution to both the physical and economic revitalization of the City. CONCLUSZONS/RECOM f4 EN DA'I'ZONS As indicated herein, this request is consistent with the intent of the Comprehensive Plan; will not create additional impacts on infrastructure that have not been anticipated in the Comprehensive Plan; will be compatible with adjacent land uses and will contribute to the overall economic development of the City. Therefore, staff recommends that the subject request be approved. If the City Commission recommends conditions, they will be included within Exhibit "B'. All'ACH M ENTS ]:\SHRDATA\PlannincJ\SHARED\WP~PRO.1ECTS~RCHE$ ~ BB\LUAR\ST'AFF REPORT 6-4-03.doc Location Map The Arches a~ Boynton Beach LUAR 03-003 Exhibit "A" ~ N ~.1_S..F_AVr. Z _' !1 m z ~D .-~ PU ~ ~ ~" ~°' ~ ~ '~,'= iCBD' 'R3 C2 ' ~'E OCEAN AVE : : : :~ '..':i~;_.?"..::, ~ s~---- SITE REC ~-- ,.~ '" R1A ~' ~ C3 XII. - LEGAL CITY OF BOYNTON BEA ITEM A.2 AGENDA ITEM REQUEST Fvm,, Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] April 1, 2003 March 17, 2003 (Noon.) [] June 3, 2003 May 19, 2003 (Noon) [] April 15, 2003 March 31, 2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) [] May 6, 2003 April 14, 2003 (Noon) [] July 1, 2003 June 16, 2003 (Noon) [] May 20, 2003 May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the June 17, 2003 City Commission Agenda under Legal, Ordinance - Second Reading. The City Commission with a 5 to 0 vote, approved the subject request under Legal Ordinance - First Reading on June 3, 2003. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 03-105. EXPLANATION: PROJECT: The Arches (LUAR 03-003) AGENT: Nancy C. Graham. Urban Principles, LLC OWNER: Contract Purchaser - Boynton Ventures 1, LLC LOCATION: Multiple blocks beginning at the southwest comer of Ocean Avenue and US-1. DESCRIPTION: Request to rezone from Central Business (CBD) to Mixed Use-High Intensity (MU-H). For mixed use development (commercial and residential). PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A v DevelOpment Department Director C~ty Manager s S~gnamre ' -Planning and~oni~ l~irector City Attorney / Finance / Human Resources S:~Planning~SHAKED\WPLPROJECTS'~ARCHES ~ BB'~LUAR\Agenda Item Request The Arches LUAR 03-003 Rezone 6-17-03.dot S:~BULLETIN~ORMS~GENDA ITEM REQUEST FORM.DOC ORDINANCE NO. 03- Oe~O AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE APPLICATION OF BOYNTON VENTURES 1, LLC, (THE ARCHES); AMENDING ORDINANCE 02-013 OF SAID CITY BY REZONING A PARCEL OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM CENTRAL BUSINESS DISTRICT (CBD) TO MIXED USE-HIGH INTENSITY (MU-H); PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted No. 02-013, in which a Revised Zoning Map was adopted for said City; and WHEREAS, Boynton Ventures 1, LLC, as owner of the property more articularly described hereinafter, has heretofore filed a Petition, through its agent, C. Graham, pursuant to Section 9 of Appendix A-Zoning, of the Code of City of Boynton Beach, Florida, for the purpose of rezoning a parcel of land Dnsisting of approximately 3.515 acres, said land being more particularly described from Central Business District (CBD) to Mixed Use-High Intensity (MU-H); WHEREAS, the City Commission conducted a public heating and heard and received evidence which the Commission finds supports a rezoning for the ~erty hereinafter described; and WHEREAS, the City Commission finds that the proposed rezoning is consistent an amendment to the Land Use which was contemporaneously considered and at the public heating heretofore referenced; and WHEREAS, the City Commission deems it in the best interests of the of said City to amend the aforesaid Revised Zoning Map as hereinafter set NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION }F THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing Whereas clauses are true and correct and incorporated : \CA\Ordinances\Planning\Rezonin~\Rezoning ' - The Arc~es.doc herein by this reference. Section 2. The following described land, located in the City of Boynton Beach, Florida as set forth as follows: SEE ATTACHED EXHIBIT "A" ,~e and the same is hereby rezoned from Central Business District (CBD) to Mixed Use-High Intensity (MU-H) for mixed use development (commercial and residential). A location map is a~tached hereto as Exhibit "B" and made a part of this Ordinance by reference. Section 3: That the aforesaid Revised Zoning Map of the City shall be amended :cordingly. Section 4: All ordinances or parts of ordinances in conflict herewith are hereby :epealed. Section 6: Should any section or provision of this Ordinance or any portion thereof e declared by a court of competent jurisdiction to be invalid, such decision shall not affect the ~mainder of this Ordinance. Section 7. This ordinance shall become effective immediately upon passage. :IRST READING this ~ day of ,.,Ju.~.. ,2003. SECOND, FINAL READING and PASSAGE this __ day of ,2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ~.TTEST: Zity Clerk [Corporate Seal) I: \CA\Ordinances\Planning\Rezoning\Rezoning - - The Arches .doc l:iO~OFl~ OF 1,~I!1 I :2. 3, 4. 5~ ~, O, 10 AND ~. ~ ~5 '1. IIL ~ 1~ ~~ ~ A ~ON ~T '1, ;. 3, ~, 5, 11, ':~ ~O 13. ~ IN ~ 7, '~t~ l~ ~'E~i'2~ ~ ~ ~D C~ ~E [IE~'4NIIdC ~ 1~ )~ ~'5ll'~ ~ ~ ~D ~ ~.~ ~) ~)FG ~1~ Vl~l ~ ~ ~ ~ ~ A ~~ F~T 1H~ ~O~ M',511'::~ ~. 2~.M ~ ~ ~E E~t~,i~HC. ~H ~: ~' C~F I J~ g ~ 14, ~ ~ FOR ~H'-~-.NA% i~ ~ ~ ~ ~~-WAY ~T ~D ~E l~1' 10.~ ~~ ~R ~-~WAY. A Location Map The Arches at Boynton Beach LUAP, 03-003 z ~_ Z t"U ~- =~ ~ = CBD ~R.3 C2 _ DEVELOPMENT DEPARTMENT PLANNZNG & ZONZNG DI'VZSION MEMORANDUM NO. PZ 03-105 (Amended) TO: Mayor and City Commission FROM: Dick Huds~ Senior PlanC~le'r '- THROUGH: Michael W. Rumpf Director of Planning and Zoning DATE: June 4, 2003, 2003 PROJECT NAME/NUMBER: The Arches at Boynton Beach (LUAR 03-003) REQUEST: Amend the future land use from Mixed Use to Mixed Use-Core and rezone from CBD Central Business District to MU-H Mixed Use-High l:ntensity PRO3ECT DESCRTPTZON Property Owner(s): MGR of Palm Beach, 1:nc. Dolphin Bar, 1:nc. Prime Plaza, 1:nc. Christiane Francois and Marisa G. Ritts Applicant/Agent: Boynton Ventures ~., LLC/Nancy C. Graham Location: Southwest corner of Ocean Avenue and Federal Highway, extending south to SE 2nd Avenue and west to SE 4~ Street (see Exhibit "A'~ Existing Land Use: Mixed Use (MX) Existing Zoning: CBD Central Business District Proposed Land Use: Mixed Use-Core (MX-C) Proposed Zoning: Mixed Use-High 1:ntensity (MU-H) Proposed Use: Mixed use development consisting of retail commercial, office and residential uses Adjacent Uses: North: Right-of-way of East Ocean Avenue then developed commercial uses classified MX Mixed Use and zoned CBD Central Business District Page 2 File Number: LUAR 03-003 The Arches at Boynton Beach South: Right-of-way of SE 2nd Avenue then developed commercial designated LRC Local Retail Commercial and zoned C-3 Community Commercial East: Right-of-way of Federal Highway then developed commercial designated MX Mixed Use and zoned CBD Central Business District West: On the northwest, developed commercial designated MX Mixed Use and zoned CBD Central Business District. On the southwest the right-of-way of SE 4~ Street then developed commercial designated MX Mixed Use and zoned CBD Central Business District. PRO.1 ECT ANALYS]:$ The parcels, which are the subject of this land use amendment, total 3. 515 acres. Because of the size of the property under consideration, the Florida Department of Community Affairs classifies this amendment as a "small scale" amendment. A "small-scale" amendment is adopted prior to forwarding to the Florida Department of Community Affairs and is not reviewed for compliance with the state, regional and local comprehensive plans prior to adoption. The criteria used to review Comprehensive Plan amendments and rezonings are listed in the Land Development Regulations, Chapter 2, Section 9, Administration and Enforcement, ~[tem C. Comprehensive P/an Amendments: Rezonings. These criteria are required to be part of a staff analysis when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Map. a, Whether the proposed rezoning would be consistent with applicable comprehensive plan policies including but not//m/ted to, a prohibition against any increase in dwelling unit density exceeding 50 in the hurricane evacuation zone without written approval of the Palm Beach County Emergency Planning D/v/s/on and the City's risk manager. The planning department shall also recommend limitations or requirements, which would have to be imposed on subsequent development of the property, in order to comply with policies contained in the comprehensive plan. The proposed rezoning is consistent with the applicable Comprehensive Plan policies and directions. The requested land use designation and zoning provide the developer greater intensity and flexibility for development than do the current land use designation and zoning. The Mixed Use-Core land use designation and the Mixed Use-High :Intensity zoning district were adopted in response to directions in the "Federa/Highway Corridor Community Redevelopment Plan"and are consistent with the recommendations of that study. While the land area currently designated for this use is relatively small (_+:~9 acres) it has been the City's intent to expand the area on a project-by-project basis in order to review land use compatibilities and control the potential impacts to the City's service delivery systems until adequate capacity exists concurrent with demand. b. Whether the proposed rezoning would be contrary to the established/and use pattern, or would create an isolated district unrelated to adjacent and nearby districts, or would constitute a grant of spec/al privilege to an individual property owner as contrasted w/th the protect/on of the public welfare. Page 3 File Number: LUAR 03-003 The Arches at Boynton Beach The proposed rezoning would not create an isolated district but would relate to other properties in the downtown area that are currently or will be a part of the revitalization of the area. c. Whether changed or changing conditions make the proposed rezoning desirable, and,- e. Whether the proposed rezoning would be compatible w/th the current and future use of adjacent and nearby properties, or would affect the property values of adjacent or nearby properties. The addition of the t~o mixed use land use designations, Mixed Use and Mixed Use-Core, and the accompanying Mixed Use/Low-l:ntensity and Mixed Use/High-Intensity zoning districts have provided greater options for development and redevelopment in the downtown area than was possible with the CBD Central Business District zoning. The flexibility includes additional density, building height, and setback requirements. Furthermore, this rezoning and the resulting development would move the city a step closer to realization of its expressed vision of an urban downtown environment. d. Whether the proposed use would be compatible with utility systems, roadways, and other public fac#it/es. The Palm Beach County Traffic Division has reviewed the application and responded that the project meets the Traffic Performance Standards of Palm Beach County. Preliminary estimates show that the project's demand for water flow will be approximately 1_29,438 gallons per day. Water Utilities has stated that the City has unreserved capacity remaining. With respect to solid waste, in a letter dated December 18, 200! the Palm Beach County Solid Waste Authority has stated that adequate capacity exists to accommodate the county's municipalities throughout the :~0-year planning period. The School District of Palm Beach County responded on April ~.1, 2003 that they have reviewed the application and has determined that adequate capacity exists to accommodate the resident population. Lastly, drainage will also be reviewed in detail as part of the review of the conditional use application, and must satisfy all requirements of the city and local drainage permitting authorities. f. Whether the property is physically and economically developable under the existing zoning. The property is currently developed and could be redeveloped using the existing land use designation and zoning; however, because of the limitations found in the CBD Central Business District zoning regulations, the resulting redevelopment would not be consistent with the vision for the core of the City as expressed in the "Federal Highway Corridor Community Redeve/oprnent Plan". g. Whether the proposed rezoning is ora scale which is reasonably related to the needs of the neighborhood and the city as a whole. Criteria for evaluating the benefits of the proposed development to the needs of the neighborhood and the City include service demands, density, use, value and consistency with Comprehensive Plan policies. As indicated above the project is consistent with the Comprehensive Plan and the Federal Highway Corridor Community Redevelopment Plan, ample Page 4 File Number: LUAR 03-003 The Arches at Boynton Beach capacity exists to meet the service needs generated by the proposed project, and it will serve to provide an economic contribution to both the neighborhood and the City. h. Whether there are adequate sites elsewhere in the city for the proposed use, in districts 'where such use is a/ready a/lowed. The area of the City presently designated for Mixed Use Core land use contains only ___19 acres, including the present Marina site. This is not enough land to create the critical mass necessary to underpin the redevelopment envisioned for the City's downtown. The addition of this property will provide a valuable contribution to both the physical and economic revitalization of the City. CONCLUSIONS/RECOIqI~! ENDA'rZON$ As indicated herein, this request is consistent with the intent of the Comprehensive Plan; will not create additional impacts on infrastructure that have not been anticipated in the Comprehensive Plan; will be compatible with adjacent land uses and will contribute to the overall economic development of the City. Therefore, staff recommends that the subject request be approved. If the City Commission recommends conditions, they will be included within Exhibit "B". ATTACH M ENTS ]:\SHRDATA~,Ptanning\$HARED\WP~PRO.1EC'I~RCHES ~ BB\I.UAR'~,S'I'AFF REPORT 6-4-03.cloc Location Map The Arches at Boynton Beach LUAR 03-003 Exhibit "A" - ~ ~ CBD' ff ©CE~,N AVE SITE REC ~ , XII. - LEGAL ITEM A.3 CITY OF BOYNTON BEAC AGENDA ITEM REQUEST FORlVl Requested City Commission Date Final Form Must be Tumed Requested City Commission Date Final Form Must be Tumed Meeting Dates_ in to City Clerk's Office Meeting Dates in to City Clerk's Office [] Apr/1 1,2003 March 17, 2003 (Noon.) [] June 3, 2003 May 19, 2003 (Noon) [] April 15, 2003 March 31, 2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) [] May 6, 2003 April 14, 2003 (Noon) [] July 1, 2003 June 16, 2003 (Noon) [] May 20, 2003 May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the June 17, 2003 City Commission Agenda under Legal, Ordinance - Second Reading. The City Commission with a unanimous vote, approved the subject Ordinance on First Reading on June 3, 2003. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 03-091. EXPLANATION: PROJECT: The Arches (ABAN 03-002) AGENT: Nancy C. Graham, Urban Principles, LLC OWNER: Contract Purchaser - Boynton Ventures 1, LLC LOCATION: Multiple blocks beginning at the southwest comer of Ocean Avenue and US-1. DESCRIPTION: Request abandonment of a portion of that certain 20 foot wide alley lying adjacent to Lots 1 through 4 and Lots 11 through 14, together with the north hallo said alley lying south of and adjacent to Lot 5, all in Block 7, ORIGINAL TOWN OF BOYNTON. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A Dev-~lo~n~e~t Department Director City Manager's Signature -v lqannmg and Z~g Director City Attorney / Finance / Human Resources SSPlanning\SHARED\WPLPROJL:~TS~ARCHES ~ BB~ABAN'Otgenda Item Request The Arches ~Boynton Beach ABAN 03-002 2nd reading 6-17- 03.dot S:~3ULLETIN~ORMS\AGENDA ITEM REQUEST FORM.DOC ORDINANCE NO. O 03 o Oi,~ I AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING ABANDONMENT O F A PORTION O F A 2 0 FOOT WIDE ALLEY, LOCATED BETWEEN S. FEDERAL HIGHWAY AND S.E. 4m STREET, SUBJECT TO STAFF COMMENTS; MORE PARTICULARLY DESCRIBED HEREIN; AUTHORIZING EXECUTION OF A DISCLAIMER FOR THIS ABANDONMENT, WHICH DISCLAIMER SHALL BE RECORDED IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the applicant and agent for Boynton Ventures, 1 LLC, Nancy C. Graham, is requesting the abandonment of a portion of a 20 foot wide alley, located between S. Federal Highway and S.E. 4th Street, subject to staff comments; and WHEREAS, comments have been solicited from the appropriate City Departments, and public hearings have been held before the City's Planning and Development Board, the Community Redevelopment Agency, and the City Commission on the proposed abandonment; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The foregoing Whereas clauses are true and correct and incorporated herein by this reference. Section 2. The City Commission of the City of Boynton Beach, Florida, does hereby abandon a portion of a 20 foot wide alley, located between S. Federal Highway and S.E. 4th Street, subject to staff comments, and more particularly described as follows: A portion of that certain 20-foot alley adjacent to Los 1 through 4 and Lots 11 through 14, together with the north half of said alley lying south of and adjacent to Lot 5, all in Block 7, ORIGINAL TOWN OF BOYNTON, according to the plat thereof as recorded in Plat Book 1, Page 23 of the Public Records of Palm Beach County, Florida. Section 3. The City Manager is hereby authorized and directed to execute and deliver the attached Disclaimer and cause the same to be filed in the Public Records of Palm Beach County, Florida. :\CA\Ordinances~Abandonments~Arc~es Abandonment.doc Section 4. This Ordinance shall take effect immediately upon passage. FIRST READING this ._~ day of ,,.J tl.~, ,2003 SECOND, FINAL READING AND PASSAGE THIS day of ,2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ;T: Clerk ~ :~CA\Or~iinances~Abandonments"~'ches Abandonment.doc DISCLAIMER KNOW ALL MEN BY THESE PRESENTS that the City of Boynton Beach, Florida, a municipal corporation, under the laws of the State of Florida, does hereby abandon a portion o f a 2 0 foot wide alley, subject to staff comments, and more particularly described as follows: A portion of that certain 20-foot alley lying between Lots 21, 22, 23 and lot 20 in Block 4, Lake Addition to Boynton, according to the plat thereof as recorded in Plat Book II, Page 71 of the Public Records of Palm Beach County, Florida. IN WITNESS WHEREOF, the duly authorized officers of the City of Boynton- Beach, Florida, have hereunto set their hands and affixed the seal of the City this __ day of June, 2003. ATTEST: CITY OF BOYNTON BEACH, FLORIDA Janet Prainito Kurt Bressner, City Manager City Clerk STATE OF FLORIDA ) )SS: COUNTY OF PALM BEACH ) BEFORE ME, the undersigned authority, personally appeared Kurt Bressner and Janet Prainito, City Manager and City Clerk respectively, of the City of Boynton Beach, Florida, known to me to be the persons described in and who executed the foregoing instrument, and acknowledged the execution thereof to be their free hand and deed as such officers, for the uses and purposes mentioned therein; that they affixed thereto the official seal of said corporation; and that said instrument is the act and deed of said corporation. WITNESS my hand and official seal in the said State and County this __ day of June, 2003. NOTARY PUBLIC, State of Flor/da My Commission Expires: $:\CA\Ordinances~Al~ando~ments~:fles Abandonment.doc DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO, PZ 03-091 TO: Chairman and Members Community Redevelopment Agency Board THRU: Michael W: Rumpf Planning and Zoning Director FROM: Maxime Ducoste-Am~d~e Planner DATE: April 17, 2003 SUBJECT: Abandonment of a portion of that certain 20.00 foot wide alley lying adjacent to Lots 1 through 4 and Lots 11 through 14, together with the north half of said alley lying south of and adjacent to Lot 5, all in Block 7, ORIGINAL TOWN OF BOYNTON (ABAN 03-002). NATURE OF REQUEST The applicant and agent for Boynton Ventures 1 LLC, Nancy C. Graham, is requesting to abandon a portion of the 20-foot wide alley located between S. Federal Highway and S.E. 4th Street. This request to abandon a public alley was submitted on March 3, 2003. This abandonment is for the following unimproved platted alley segment: A portion of that certain 20.00 foot wide alley lying adjacent to Lots 1 through 4 and Lots 11 through 14, together with the north half of said alley lying south of and adjacent to Lot 5, all in Block 7, ORIGINAL TOWN OF BOYNTON, according to the plat thereof as recorded in Plat Book 1, Page 23 of the Public Records of Palm Beach County, Florida. The location map attached as Exhibit "A" shows the general vicinity of the street right-of-way to be abandoned. The attached Exhibit "B"- "Proposed Abandonment" shows the location of the subject property and includes a detailed location of the alley to be abandoned and its legal description. The following is a description of the zoning districts and land uses of the properties that surround the subject request. North Right-of-way for Ocean Avenue and farther north are developed properties zoned Central Business District (CBD); South - Right-of-way for Southeast 2'~ Avenue and farther south is a developed commercial plaza zoned Community Commercial (C-3); East Right-of-way for Federal Highway and father east is developed commercial properties zoned CBD; and West Developed commercial properties in Block 7 zoned CBD and then farther west is right-of- way for Southeast 4~'~ Street and stiil farther west is developed commercial properties zoned CBD. BACKGROUND Page 2 Memorandum No. PZ 03-091 ABAN 02-003 In July of 1898, the Plat of Original Town of Boynton was approved. It included several 20-foot wide alleys dedicated to the perpetual use by the public, reserving unto the developers or successors the right of reversion if not used as such. The properties located on the north and south sides of the alley segment to be abandoned are under a purchase contract by the applicant Boynton Ventures 1 LLC. The applicant has the intention of vacating the 20- foot alley to consolidate the property and facilitate the development of a mixed-use project (see Exhibit "C"- ARCHES Site Plan). Specifically, this area would be used for the public plaza as shown on the proposed site plan. As indicated on the survey, the segment of the alley to be vacated measures approximately 240 linear feet. All existing infrastructure within the alley will be relocated to the perimeter of the project, along SE 1st Avenue. A twelve-foot (12) wide utility easement will be dedicated to Bellsouth for their underground conduit. When abandoned the lot/easement will revert to the adjacent property owners. ANALYSIS Pursuant to Chapter 22, Article III, Section 4, public notice was given to the property owners that abut the right- of-way to be abandoned, all utility companies have been notified and the request has been advertised in the newspaper. A summary of the responses from the utility companies and city staff is as follows: CITY DEPARTMENTS/DIVISIONS Engineering No objection Public Works/Utilities Pending (see Exhibit "E") Planning and Zoning No objection PUBLIC UTILITY COMPANIES Florida Power and Light Approval with conditions (see Exhibit "E") Bell South Approval with conditions (see Exhibit "E") Florida Public Utilities Company Approval with conditions (see Exhibit "E") Cable Company (Adelphia) Approval with conditions (see Exhibit "E") Cable Company (Comcast) N/A The historical configuration of Block 7 of the Odginal Town of Boynton subdivision provided the lots with frontage on E. Ocean Avenue and SE 1st Avenue. A twenty (20) foot alley dissects Block 7, extending east to west. The existing parcel configuration of Block 7 of the Original Town of Boynton subdivision as shown on the tax map indicates that Lot 9.1 and Lot 8.2 are not unified. Subsequent subdivision of the parcels of this plat has been created disregarding the minimum standards of the CBD. Lot 9.1, which abuts the subject alley measures approximately 75 feet wide and conforms to the minimum lot frontage requirement of the Central Business District (CBD), based on access and frontage along the twenty (20) foot wide alley (see Exhibit "D"). Therefore, if the existing parcel configuration is as shown on the tax map and not under unity of title with the adjacent parcel to the west, the approval of the requested abandonment will reduce down the frontage of the abutting parcel, south of the subject alley. RECOMMENDATION ~ff recommends that this request to abandon the portion of the 20-foo~. wide alley as described above, be _pp.roved, subject to the comments included in Exhibit "E" - Conditions of Approval. Any conditions required by the Commur~ify Redevelopment Agency Board and the Commission will be placed in Exhibit "E" - Conditions of Approval. xc: Central File S:,PIann~nc~SHAREO\WP*PROJECTS',Arc,~es~I~AN 03-O02~.~tah' rePor~ doc Location Map ~x~,s,~-,,~,, The Arches at Boynton Beach EXHIBIT "B" PROPOSED ABANOONM~, . ,~ .,,\,. / ~.. ...... =.=: -- o ' i¢:' "El'{ ! , .......................... < ~~1 I]:3 ~ nl ~0~ 0 .i.~ HJ.~' qN 0 © ~ O0 ~ ~0 [ 0 A/~H -i,~lG..d.,-I $ A/~H -IV~:dUdd N EXHIBIT "E" Conditions of Approval Revised Project name: The Arches File number: ABAN 03-002. Reference: i , DEPARTMENTS ['NCLUT)E R_EJECT PUBLIC WORKS- General Comments: Pending PUBLIC WORKS- Traffic Comments: None X UTILITIES Corm'nents: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION [ '1 Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Conditions of Approval 2 DEPARTMENTS [NCLU'DE P~EJECT ColTwnents: 1. If the parcel configuration of Block 7 is as shown on the tax map, and the X frontage of Lot 9.1. is reduced to a non-conforrmng length, than one of the following steps, or alternative action, should be taken to prevent the nonconformity: a) assembly and unification with an adjacent parcel to obtain minimize frontage; b) a variance be requested and granted; and c) limit the abandonment to the easterly portion of the alley, specifically approximately the first 190 linear feet and, modify the site abandonment accordingly. 2. This approval is contingent upon satisfying any conditions from the City Of X Bo.vnton Beach Engineering Division. PRIVATE UTILITIES Comments: 3. Adelphia has no objections in the abandonment as long as Adelphia facilities X are granted the proper easement 4. Any and all costs resulting in the relocation or removal of Adelphia facilities X due to said abandonment are paid by the customer and/or property owner and;or requesting party. 5. Florida Power & Light has no objection to the abandonment contingent X upon the following conditions: a) FPL acquiring all additional easements for any and all existing or proposed FPL facilities necessary to service any and all existing and proposed future construction requiring electrical service at the abandoned site. This includes but is not limited to ten (10) foot easements adjacent to both sides of all major thoroughfares. b) All easements where FPL facilities exist are not considered abandoned until said facilities are de-energized, relocated and/or removed. c) Any and all cost resulting in the relocation or removal of FPL facilities due to said abandonment are paid by the customer and/or requesting party. 6. Florida Public Utilities Company has existing gas facilities within the X referenced proposed abandonment area. Therefore, must object to said abandonment unless the following conditions are met: DEPARTMENTS ~'CLUDE I P,~EJECT d) All related relocation expenses will be paid by the parry, requesting the abandonment by the date specified by Florida Public Utilities Company. e) A sepm'ate easement must be ~anted to Florida Public Utilities Company ~vithin the referenced area. All related easement expenses ~viI1 be paid by the party requesting the abandonment by the date specified by FIorida Public Utilities Company. 7. Bellsouth provisionally a~ee to Statement of No Objection to the proposed X abandonment subject but not limited to the following conditions: f) A utility easement will be provided to support Bellsouth's main conduit system that is underground through the existing alley. g) Relocation costs to rearrange existing telecommunication lines in the vicinity of the project. h) Bellsouth will require conduit structure for future cable placements under an area of the proposed project where construction of conduit would not be practical after completion of the Arches project. i) Vehicular access to the area where the existing Bellsouth Manhole is located t~venty-four hours/seven days a week. ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be deterrmned. S:\Planning',SFIARED\WP~PROJECTSU-~RCHES (~ BB~ABAN~COA2.do¢ XlI. - LEGAL ITEM A.4 CITY OF BOYNTON BEAC AGENDA ITEM REQUEST FO uvl Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] April 1, 2003 March 17, 2003 (Noon.) [] June 3, 2003 May 19, 2003 (Noon) [] April 15, 2003 March 31, 2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) [] May 6, 2003 April 14, 2003 (Noon) [] July 1,2003 June 16, 2003 (Noon) [] May 20, 2003 May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the June 17, 2003 City Commission Agenda under Legal, Ordinance - Second Reading. The City Commission with a 5 to 0 vote, approved the subject Ordinance on First Reading on June 3, 2003. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 03-114. EXPLANATION: PROJECT: Fire Station (LUAR 03-004) (Relocation of Fire Station #2) AGENT: City of Boynton Beach OWNER: City Initiated LOCATION: North side of Woolbright Road; west of Congress Avenue DESCRIPTION: Request to amend the Comprehensive Plan Future Land Use Map from Low Density Residential (LDR) to Public & Priv. ate GovernmentaFIustitutional (PPGI). PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A ~~t,,t,g~r~ /t~-~ D~velop~e~Department .Director Cit~ Manager's Signature P~r~ning and Zon~/Dire~tor City Attorney / Finance / Human Resources S:~Ianning~SHARED\WP~ROJECTS~Fire Station #2XAgenda Item Request Fire Station LUAR 03-004 amend 2nd reading 6-17-03.dot S:~BULLETIN~FORMS~,AGENDA ITEM REQUEST FORM.DOC ORDINANCE NO. 03-O~ AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING PROPERTY LOCATED AT THE NORTH SIDE OF WOOLBRIGHT ROAD, APPROXIMATELY 500 FEET WEST OF CONGRESS AVENUE; AMENDING ORDINANCE 89-38 BY AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSWE PLAN OF THE CITY FOR THE PROPERTY MORE PARTICULARLY DESCRIBED HEREINAFTER; THE LAND USE DESIGNATION IS BEING CHANGED FROM LOW DENSITY RESIDENTIAL (LDR) TO PUBLIC & PRIVATE GOVERNMENT/INSTITUTIONAL (PPGI); PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. WItEREAS, the City Commission of the City of Boynton Beach, Florida has a Comprehensive Future Land Use Plan and as part of said Plan a Future Land Element by Ordinance No. 89-38 in accordance with the Local Government Planning Act; and WHEREAS, the procedure for amendment of a Future Land Use Element of a 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 interest of the inhabitants of said City to amend the aforesaid Element of the qan as adopted by the City herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1: The foregoing WHEREAS clauses are true and correct and incorporated herein by this reference. ~:\CA\Ordinances\Fire Station Land Use.doc 1'4o. %9-38 of the Ci~ is hereby arrtended to reflect the Ordinance Land Use of the CBoWing descfbe6 [~d sba[[ be desi~ated ~ pd~ate G°~e~en~stimti°nal (ppGB. Said [~d is more · OU~ L~ ~eo[ ~ recorded m TraCt 13 m ~ o the pig tB~ ~ ~r3s ofPa~ Beach c°~[~' ~ ,, ,,. woOLB~GCT PL~' acco?ing to the plat t~_ o,~.oraS o[ palm B ~ ~at ~Y maps adOpted in acCord~ce with the ~umre L~6 Use hereby be ~ended accordinglY' or p~S of ordin~ces in con~ict herewith ~e ~ ~lt ordin~ces ' n of this Ordin~ce or ~Y po¢iOn thereof eared. -' - ~r ~roviS~o ~n not affec~ · ~ould ~Y secnOU ~ v . ,- decision decided b~ a co~ of competent ~sdicUOn [u ~ rem~d~ of t~s ~din~ce- adoptiOn, sub~ect to the re~e' . ~din~ce shaIl t~e effect on Co~Prehens ~ ~s pro~ided by the ~lodda ~cal Go~e~ent or aPPed[ prOViSionS DeveIopment Ce~lati°n ~ct. No P~ shall be veged ~d L~d ail stamtO~ requced review is complete ~i~e o[ the adoptiOn of t~s Ordin~ce ~gal challenges, including appeals, are exhausted. In the event that the effective date is by state law or special act, the provisions of state act Shall cOntrol. FIRST READiNG this ~ day of SECOND, FiNAL ~, 2003. READiNG and PASSAGE this CITy OF BOYNTON BEACH, ~ dayof FLOR/DA ~, 2003. ~'unlSsioner te Seal) Location Map DEVELOPMENT DEPARTMENT PLANNING & ZONING DIVISION MEMORANDUM NO. PZ 03-114 TO: Chairman and Members Planning and Development Board FROM: Hanna Matras, Plann r~/~ THROUGH: Michael W. Rumpf Director of Planning and Zoning DATE: May 9, 2003 PROJECT DESCRIPTION Project: Land Use Amendment and Rezoning to allow for the construction of a fire station and accessory' recreational facilities on two parcels (LUAR 03-004) Agent: City of Boynton Beach Location: North side of Woo lbright Road, approximately 500 feet west of Con~ess Avenue File No: Land Use Amendment/Rezoning (LUAR 03-004) Property. Description: Two parcels totaling +_4.22 acres sho;vn shaded on the accompanying location map (see Exkibit A), classified Low Density Residential (LDR) and zoned Planned Unit Development (PUD). Proposed change/use: To reclassi~ the subject properties described above from Low Density Residential (LDR) to Public & Private Govemment~stitutional (PPGt') and rezone from Planned Unit Development (PUD) to Public Usage (PLY). Adjacent Land Uses and Zoning: North: Right of~vay of the LW'DD L-26 Canal, then developed single family homes (Lakes of Tara) de;ig-nated Low Density Residential (LDR) and zoned Planned Unit Development (PUD). South: R/ght-of-~vay of Woolbright Road, then developed single family attached homes (Quail Run Villas) designated Low Density Residential (LDR) and zoned Planned Unit Development (PUT)). Page 2 Fire Station Land Use Amendment/Rezoning File Number: LUAR 03-004 East: Property developed with professional offices and farther east a Mobil gas station, both properties designated Local retail Commercial (LRC) and zoned Community Commercial District (C3).' West: Ricoh. t-of-way of Woolbright Road BACKGROUND Both parcels were dedicated to public use in the late 1970's, in the platting process for Kirsner- Cogen Planned Unit Development, later kno~vn as Quail Lake. The smaller of the parcels, of approximately 1 acre, has been developed with a city water storage tank; the larger parcel was dedicated for recreational purposes to comply with land dedication requirements in effect at that time. However, since its size and elongated shape makes it somewhat unsuitable for this purpose, it has not been developed. PROJECT ANALYSIS The subject parcel totals +4.22 acres. Because of the size of the property under consideration, the Florida Department of Community Affairs classifies this amendment as a "small scale" amendment. A "small-scale" amendment is adopted prior to forwarding to the Florida Department of Community Affairs and is not reviewed for compliance with the state and regional plans prior to adoption. The criteria used to review Comprehensive Plan amendments and rezonings are listed in Article 2, Section 9, Administration and Enforcement, Item C. Comprehensive Plan Amendments: Rezonings. These criteria are required to be part of a staff analysis when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Map. a. Whether the proposed rezoning would be consistent with applicable comprehensive plan policies including but not limited to, a prohibition against any increase in dwelling unit density exceeding 50 in the hurricane evacuation zone without written approval of the Palm Beach Coulzty Emergency Planning Division and the City's risk manager. The planning department shall also recommend limitations or requirements, which would have to be imposed on subsequent development of the property, in order to comply with policies contained ht the cotnprehensive plan. There are no comprehensive plan policies appticable to the proposed rezoning. b. Whether the proposed rezoning would be contrary to the established land use pattern, or would create att isolated district unrelated to adjacent and nearby districts, or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. Page 3 Fire Station Land Use Amendment/Rezoning File Number: LUAR 03-004 The proposed amendment would not be contrary, to the established land use pattern, since tlne smaller of the two parcels, approximately i acre in size, has been developed for public use and is occupied by a water storage tank. c. }Fhether changed or changing conditions ~nake the proposed rezoning desirable. The rapid population grow-th in recent years has made the expansion of the City's Fire Rescue Department a necessity. The corresponding increase of the 911 call volume and traffic congestion resulted in the increase of the emergency response time. Decreasing the response time is paramount for the fire rescue services. Also, see item "g" below for additional information. d. }Vhether the proposed use would be compatible with utility systems, roadways, and other public facilities. Adequate water and sewer capacity exists within this part of the City. With respect to solid waste, the SWA has stated within a letter dated January 8, 2001, that adequate capacity exists to accommodate the county's municipalities throughout the 1 O-year planning period. Conformance with or exemption fi-om the Palm Beach County Traffic Performance Standards Ordinance will be determined at site plan approval stage for any development or redevelopment projects. Drainage will also be reviewed in detail as part of the site plan review process and must satisfy all requirements of both the city and local drainage permitting authorities. e. ~FItether the proposed rezoning would be compatible with the current and fitture use of adjacent and nearby properties, or would affect the property values of adjacent or nearby properties. Locating the fire station as proposed may generate noise impacts upon residents of adjacent neighborhoods. The cost of the impacts has to be evaluated a~ai.ns! t.he benefit of a better service to the community. There are mitigation measures aimed at m~rnm~zmg the noise nuisance. While fire sirens are essential for enabling fire vehicles to achieve a speedy response to incidents, the traffic signal control will allow the fire vehicle operators to limit the use of the sirens to the situations when it is absolutely necessary. Other mitigation measures, such as berms, will also be used. f I4/hether the property is physically and economically developable under the e,risting zoning. There are physical constraints for development of the larger of the txvo parcels under its current PUD zoning. The physical constraints stem from its small size and elongated shape; moreover, it is separated fi-om the remaining PUD area by Woolbright R6ad. These constraints made the development economically unfeasible. g. 14/hether the proposed regoning is of a scale which is reasonably related to the needs of the neighborhood and the city as a whole. The proposed rezoning benefits the area and the city as a whole. The area is currently served by department's fire station No. 2, located on 22!,0 S. Con=m-ess Ave. and Gulf Road. The station Page 4. Fire Station Land Use Amendment/Rezoning File Number: LUAR 03-004. was originally built in 1972 on the small parcel approximately one-half acre in size, at a time when there were few residential areas to protect and no consideration for dual gender staffing or .~3DA concerns. While the expansion of this building with the construction of a second story is a possibility, it does not 'solve the problem of limited parking and the housing of reserve fire apparatus. Moreover, the limited size of the site creates access problems. The proposed site offers several advantages. The location is more central within the station No. 2 response zone, with direct access to 1-95 and adjacent fire response zones, which would allow for more efficient back-up coordination. Even though the site is, according to the Fire Department, only about one-half mile north of the current facility, the proposed station would be closer to a significant number of historic calls for service and would provide Insurance Service Organization (ISO)-recornmended response to the Boynton Beach Mall, a major target hazard. Finally, the proposed location would allow for relocation of the overcrowded fire administration offices fi.om the City Hall, freeing up 2000 square feet of space for other City Hall needs, and accommodate a community/training room that would also function as a City Emergency Operations Center (EOC). The old fire station would be available for an alternative public use. h. l~hether there are adequate sites elsewhere in the city for the t~roposed use, in districts where such use is already allowed. There are no sites elsewhere within the fire zone under consideration for the proposed use. CONCLUSIONS/RECOMMENDATIONS As indicated herein, there are no Comprehensive Plan policies applicable to the proposed amendment; it will not create additional impacts on infi'astmcture that have not been anticipated in the Comprehensive Plan and it will contribute to the improved fire rescue services throughout the City. With the proposed mitigation measures to address potential noise nuisance, the benefits of improved service should out~veigh these concerns. Therefore, staff recommends that the subject request be approved. ATTACI-~MENTS G:\LUA.~\F~t~ sla~ion~ff rt,'.Dor~ Fire st~ion, doc Location Map Bo TO i~l Fo~ Mus~ b~ Turned ~ ~oou) ~ ~ ]uric 3, 2003 2.2003 ~- 2003 ~oou.) 3une March April l, 2003 ~ 3uue l~, 2005 March 31,2003 ~oou) 3uue 16, 2003 April 15, 2003 ~ 3uly l, 2003 April 14, 2003 ~u) }une 30, 2003 ~oon) MaY 6,2003 ~ ~ul~15, 2003 May 5, 2003 ~ ~ay 20, 2003 ~ Legal ~ A~s~ative ~ ~cw Bus.eSs ~ ~o~Cement ~ ptese~Ou NAT~ OF . ~ CiW Manager's Kepo~ ~ Public He~g ComeUt Agenda ~ U~shed Bus.eSs AGENDA ITEM ~ Code C°~li~ce~egal Se~lemen~ . , . -'-ce ~s request o ..... 0 vote, aPP'~ ~.t of Development . . please ~ . c~missiou <~ a ~ [~ _ -~hed Dep~' ..... nA~ON' · ~ uxW ~ ...... - ..... est, see a Legat, ~'~ _~ a 2003. eot gead~g o~ J~f'-Z 03-114. EXPLANATION: Fire Station (LU AR 03-004) (Relocation of Fire Station #2) pRo~ECT: of Boynton BeaCh City City Initiated ..... o~,,d- west of Congress Avenue Use (PU) to alto, AGENT: North side ofWoomngm ~"" ' Development (pUD) to a Public oWNER: LOCATION: Request to rezone from planned Uni~4th accessOrY recreation amenities. DESCRIPTION: for the relocation of Fire Station #2 N/A pROGRAM IMPACT: N/A ~ FISCAL IMPACT: N/A ALTERNATIVES: ~ ~ ~ent Director ~]m,.~iECTS~ire stauo ...... -- S :~lanningLS HARED\W t'w v"-' ..... S:q3ULLETIN~oRMSXAGENDA ITEM REQUEST FoRM.DOC // ORD/NANcE NO. 03. ~.,~ AN ORDINANCE OF THE CITY COMMISSION OF THE. ,'-,,.,.. "u~ING THE ,,,-~- BEACH, AME~-r~.,"'_~~ Y OF BOYN~.,.,..'~'tt'PLICATION '"" uaDINANCE 02 TO BY '~'~-~ ut; SAiD CITy REZON1NG A PARTICULARLy PARCEL OF LAND MORE DESCRIBED HEREIN, FROM PLANNED UNIT DEVELOPMENT (PUD) TO PUBLIC USAGE (PU); PROV/DING FOR CONFLICTS, SEVERAJ~ILiTY EFFECTIVE DATE. AND AN WI'IERRA$, the City Commission of the City of Boynton Beach, Florida has andOrdinance No. 02-013, in which a Revised Zoning Map was adopted for said WI'IRRRA$, the City of Boynton Beach, has heretofore filed a Petition, pursuant Section 9 °fAppendix A-Zoning, of the Code of Ordinances, City of Boynton Beach, for the purpose ofrezoning a parcel of land Consisting °fapProximately +_.. 4.22 said land being more particularly described hereinafter, from Planned Unit t (PUD) to Public Usage (PU); and WI"IRRRA8, the City Commission Conducted a public hear/ng and heard and received evidence wh/ch the Commission finds supports a rezoning for the hereinafter described; and WHRRRA8, the City Commission finds that the proposed rezoning is consistent an amendment to the Land Use wh/ch was contemporaneously considered and at the public hearing heretofore referenced; and WHEREAS, the City Commission deems it in the best interests of the of said City to amend the aforesaid Revised Zoning Map as hereinal~er set NOW, THEI~EFOI:?,~E, BE IT ORDAINRD BY TI-IR CITY COMMIssION THE CITY OF BOYMTON BEACH, FLORIDA, THAT: Section 1. The foregoing Whereas clauses are true and correct and incorporated \CA\Ordlnances\aeZOnin~ _ Pire Station. doc this reference. Section 2. The following described land, located in the City of Boynton ~each, Florida as set forth as follows: -All of Tract 13 in QUAIL LAKE WEST AND TRACTS oNE & TWO, according to the plat thereof as recorded in Plat Book 50, Pages 3 to 5, in the Public Records of Palm Beach County, Florida and All of Tract "E" in wOOLBRIGHT PLAZA, according to the plat thereof as recorded in Plat Book 38, Pages 63 & 64 in the Public Records of Palm Beach County, Florida. e and the same is hereby rezoned from PUD Planned Unit Development (PUD) to Public Isage (PU).. A location map is attached hereto as Exhibit "A" and made a part of this reference. Section 3: That the aforesaid Revised Zoning Map of the City shall be amended f. Section 4: All ordinances or parts of ordinances in conflict herewith are hereby ~ealed. Section 6: Should anY section or provision of this Ordinance or any portion thereof e declared by a court of competent jurisdiction to be invalid, such decision shall not affect the of this Ordinance. Section 7. This ordinance shall become effective immediately upon passage. READING this ~ day of ,..~l.~x_._.____.~__~~, 2003. EcOND, FINAL READING and PASSAGE this _______ day of ~' 2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor ~:\CA%Ordinances\Rezoning - Fire Station.doc Commissioner Commissioner ,. Commissioner Clerk Seal) :\CA\Ordinances\Rezoning _ Fire Station.doc Location Map DEVELOPMENT DEPARTMENT PLANNING & ZONING DIVISION MEMORANDUM NO. PZ 03-114 TO: Chairman and Members Planning and Development Board FROM: Hanna Matras, Plann'~~ THROUGH: Michael W. Rumpf Director of Planning and Zoning DATE: May 9, 2003 PROJECT DESCR/PTION Project: Land Use Amendment and Rezoning to allow for the construction of a fire station and accessory recreational facilities on two parcels (LUAR 03-004) Agent: City of Boynton Beach Location: North side of Woolbright Road, approximately 500 feet west of Con~ess Avenue File No: Land Use Amendment/Rezoning (LUAR 03-004) Property Description: Two parcels totaling +4.22 acres shown shaded on the accompanying location map (see Exhibit A), classified Low Density Residential (LDR) and zoned Planned Unit Development (PUD). Proposed change/use: To reclassify the subject properties described above from Low Density Residential (LDR) to Public & Private Government/Institutional (PPGI) and rezone from Planned Unit Development (pUD) to Public Usage (PU). Adjacent Land Uses and Zoning: North: Right of way of the LW'DD L-26 Canal, then developed single family homes (Lakes of Tara) designated Low Density Residential (LDR) and zoned Planned Unit Development (PUD). South: Right-of-way of Woolbright Road, then developed single family attached homes (Quail Run Villas) designated Low Density Residential (LDR) and zoned Planned Unit Development (PUD). Page 2 Fire Station Land Use AmendmentJRezoning File Number: LUAR 03-004 East: Property developed with professional offices and farther east a Mobil gas station, both properties designated Local retail Commercial (LRC) and zoned Community Commercial District (C3). West: Right-of-way of Woolbright Road BACKGROUND~ Both parcels were dedicated to public use in the late 1970' s, in the platting process for Kirsner- Cogen Planned Unit Development, later known as Quail Lake. The smaller of the parcels, of approximately 1 acre, has been developed with a city water storage tank; the larger parcel was dedicated for recreational purposes to comply with land dedication requirements in effect at that time. However, since its size and elongated shape makes it somewhat unsuitable for this purpose, it has not been developed. PROJECT ANALYSIS_ The subject parcel totals +4.22 acres. Because of the size of the property under consideration, the Florida Department of Community Affairs classifies this amendment as a "small scale" amendment. A "small-scale" amendment is adopted prior to forwarding to the Florida Department of Community Affairs and is not reviewed for compliance with the state and regional plans prior to adoption. The criteria used to review Comprehensive Plan amendments and rezonings are listed in Article 2, Section 9, Administration and Enforcement, Item C. Comprehensive Plan Amendments: Rezonings. These criteria are required to be part of a staff analysis when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Map. a. Whether the proposed rezoning would be consistent with applicable comprehensive plan policies including but not limited to, a prohibition against any increase in dwelling unit density exceeding 50 in the hurricane evacuation zone without written approval of the Palm Beach County Emergency Planning Division and the City's risk manager. The planning department shall also recommend limitations or requirements, which would have to be imposed on subsequent development of the property, in order to comply with policies contained in the comprehensive plan. There are no comprehensive plan policies applicable to the proposed rezoning. b. Whether the proposed rezoning would be contrary to the established land use pattern, or would create an isolated district unrelated to adjacent and nearby districts, or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. Page 3 Fire Station Land Use Amendment/Rezoning File Number: LUAR 03-004 The proposed amendment would not be contrary to the established land use pattern, since the smaller of the two parcels, approximately ! acre in size, has been developed for public use and is occupied by a water storage tank. c. Whether changed or changing conditions make the proposed rezoning desirable. The rapid population growth in recent years has made the expansion of the City's Fire Rescue Department a necessity. The corresponding increase of the 911 call volume and traffic congestion resulted in the increase of the emergency response time. Decreasing the response time is paramount for the fire rescue services. Also, see item "g" below for additional information. d. Whether the proposed use would be compatible with utility systems, roadways, and other public facilities. Adequate water and sewer capacity exists within this part of the City. With respect to solid waste, the SWA has stated within a letter dated January 8, 2001, that adequate capacity exists to accommodate the county's municipalities throughout the 1 O-year planning period. Conformance with or exemption fi.om the Palm Beach County Traffic Performance Standards Ordinance will be determined at site plan approval stage for any development or redevelopment projects. Drainage will also be reviewed in detail as pan of the site plan review process and must satisfy all requirements of both the city and local drainage permitting authorities. e. Whether the proposed rezoning would be compatible with the current and future use of adjacent and nearby properties, or would affect the property values of adjacent or nearby properties. Locating the fire station as proposed may generate noise impacts upon residents of adjacent neighborhoods. The cost of the impacts has to be evaluated against the benefit of a better service to the community. There are mitigation measures aimed at minimizing the noise nuisance. While fire sirens are essential for enabling fire vehicles to achieve a speedy response to incidents, the traffic signal control will allow the fire vehicle operators to limit the use of the sirens to the situations when it is absolutely necessary. Other mitigation measures, such as berms, will also be used. fl Whether the property is physically and economically developable under the existing ~oning. There are physical constraints for development of the larger of the two parcels under its current PUD zoning. The physical constraints stem from its small size and elongated shape; moreover, it is separated fi'om the remaining PUD area by Woolbright Road. These constraints made the development economically unfeasible. g. Whether the proposed re~oning is of a scale which is reasonably related to the needs of the neighborhood and the city as a whole. The proposed rezoning benefits the area and the city as a whole. The area is currently served by department's fire station No. 2, located on 2210 S. Congress Ave. and Gulf Road. The station Page 4 Fire Station Land Use Amendment/Rezoning File Number: LUAR 03-004 was originally built in 1972 on the small parcel approximately one-half acre in size, at a time when there were few residential areas to protect and no consideration for dual gender staffing or ADA concerns. While the expansion of this building with the construction of a second story is a possibility, it does not solve the problem of limited parking and the housing of reserve fire apparatus. Moreover, the limited size of the site creates access problems. The proposed site offers several advantages. The location is more central within the station No. 2 response zone, with direct access to 1-95 and adjacent fu:e response zones, which would allow for more efficient back-up coordination. Even though the site is, according to the Fire Department, only about one-half mile north of the current facility, the proposed station would be closer to a significant number of historic calls for service and would provide Insurance Service Organization (ISO)-recommended response to the Boynton Beach Mall, a major target hazard. Finally, the proposed location would allow for relocation of the overcrowded fire administration offices from the City Hall, freeing up 2000 square feet of space for other City Hall needs, and accommodate a community/training room that would also function as a City Emergency Operations Center (EOC). The old fire station would be available for an alternative public use. h. Whether there are adequate sites elsewhere in the city for the proposed use, in districts where such use is already allowed. There are no sites elsewhere within the fire zone under consideration for the proposed use. CONCLUSIONS/RECOMMENDATIONS As indicated herein, there are no Comprehensive Plan policies applicable to the proposed amendment; it will not create additional impacts on infrastructure that have not been anticipated in the Comprehensive Plan and it will contribute to the improved fire rescue services throughout the City. With the proposed mitigation measures to address potential noise nuisance, the benefits of improved service should outweigh these concerns. Therefore, staff recommends that the subject request be approved. ATTACHMENTS XII. - LEGAL ITEM A.6 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission. Dat~ Final Form Mu~t be Turned Requested City Conunission Date Final Form Must be Turned Meetin~ Dates, - - in to Ciw Clerk's Office ~e¢~.inR Da~ in to City Clerk's Offic~ [] April i, 2003 Match 17, 2003 (Noon.) ~.. June 3, 2~ May 19, 2003 (Noon) [] May 6, 2003 April 14, 2003 (Noon) [] July I, 2003 Jun~ 16, 2003 (Noon) [] May 20, 2005 May 5, 2003 (Noon) [] July 15, 2003 Jun~ 30, 2003 (Noon) NATUR~ Olt ['=] Announcement [] Ne~ Business AGENDA ITeM [] City Manager's Report [] Present--on [] Consent Agemtn [] Publi~ Hearing [] Code Compliance/Legal Settlements [] Unfinished Businm~. R~COMMENDATION: Adopt proposed Ordinance establishing procedures for confumafion of qualifications of advism7 board members. EXPLANATION: The rules for the appointment and retention of advisory board members do not currently include procedures for confu'mation of an applicant's or an appointed board member's stated qualifications. The proposed amendment fills that gap by establishing an administrative procedure which can be triggered by a City Commissioner's request for confirmation of qualifications. The amendment provides for automatic forfeiture of appointment if qualifications cannot be confirmed, thus avoiding a confrontational publi~ removal process. PROGRAM IMPACT: Enhancing the composition of the City's appointed boards by providing procedure for confirmation of qualifications.- FISCAL IMPACT: None ALTERNATIVES: Do not adopt ordinance setting forth procedures for confirrnation of advisory board members. DepartmantH~'s Signatut~ ' y City Manager's Sighatur~ - Department Name / City ~'ttorney / ~nc~'/i:t'0man Resources S:~ULLETIN~ORMS~A. GENDA ITEM REQUEST FORM.DOC ORDINANCE NO. 03- C)~ ~ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 2 ADMINISTRATION, SECTION 2-16. REGARDING CITY BOARD MEMBERS QUALIFICATION; CREATING A NEW SUBSECTION (g) SETTING FORTH PROCEDURES FOR CONFIRMATION OF APPLICANTS AND BOARD MEMBERS QUALIFICATIONS; PROVIDING GROUNDS FOR REMOVAL FROM BOARDS; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, the qualifications of board members is an issue of great importance to City Commission; and WHEREAS, the City currently has no published procedure for confrmation of ualifications; and WHEREAS, a procedure for confirmation of qualifications will enhance the integrity City boards by reducing the risk of misrepresentation of qualifications; and WHEREAS, upon the recommendation of staff, the City Commission deems it to be the best interest of the citizens and residents of the City to amend Chapter 2. Section 2-16 set forth a procedure for confirmation of qualifications for board membership; and; NOW THEREFORE, BE IT ORDAINED BY THE CITY coMMISSION OF CITY OF BOYNTON BEACH, THAT: Section 1. The foregoing whereas clauses are true and correct and are now ratified and confirmed by the City Commission. Section 2. That Chapter 2. "Administration" Section 2-16. is hereby amended by creating a new subsection "(g)" as follows: Sec. 2-16. City boards and commissions; minimum qualifications for appointments, membership. S:\CA\Ordinances\Adrmnistvative\Sec 2-16 - Board Qualifications Confirmation.doc (a) in order to qualify... (g) No person shall be appointed to a City Board without the person first submitting an application for appointment. No application for appointment shall be considered by-th'e City Commission until the application form has been fully completed and signed by the applicant. All applications for appointment to a City Board shall be on a form authorized by the City Commission. The City Clerk shall review all applications for completeness prior to submitting them to the City Commissioners for consideration. Prior to appointment, a City Commissioner may request written confirmation of the qualifications listed by any applicant for appointment. When a request for confirmation of the qualifications is made by a City Commissioner prior to. appointment, the appointment shall be delayed until the information requested is submitted and made available to the members of the City Commission. No person shall be appointed to a City Board when that person is unable to substantiate the qualifications listed on their application. A member of the City Commission may request written confirmation of qualifications of a person who has been appointed by the Commis,ion to a City Board. A request for confirmation shall be made by the City Commissioner to the City Clerk. The City Clerk shall make written request to the Board member. A copy of the Clerk's written request shall be provided to all members of the City Commission. Except as otherwise provided by law, a Board member who does not submit documentation of the qualifications listed on the Board member's application for appointment within thirty (30) days of receipt of the Clerk's written request, or who submits documentation which contradicts, negates, or fails to substantiate the information listed on the Board member's application shall automatically be removed from their Board position. A person who is removed from a City Board pursuant to the procedures set forth in this section shall not be subject to reappointment to any City Board for a period of thirty-six (36) months. Section2. Each and every other provision of Chapter 2 of the Code of Ordinances of the City of Boynton Beach not herein specifically amended shall remain in full force and effect as previously enacted. Section 3. All ordinances or parts of ordinances in conflict herewith be and the ;ame are hereby repealed. Section 4. Should a ny se ction o r provision o f t his ordinance o r portion hereof, my paragraph, sentence or word be declared by a court of competent jurisdiction to be S:\CA\OrdinanccsXAdministrativ¢\See 2-16 - Board Qualifications Confirmation.doc 2 invalid, such decision shall not affect the remainder of this ordinance. Section 5. Authority is hereby granted to codify said ordinance. Section 6. This ordinance shall become effective immediately upon passage. FIRST READING this .3 day of ~Jtl, t~. , 2003. SECOND, FINAL READING AND PASSAGE this day of~ ,2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner Clerk CORPORATE SEAL) S:\CA\Ordinances~xAdminislrative\Sec 2-16 - Board Qualifications Confirmation.doc 3 XII.- LEGAL CITY OF BOYNTON BEA( ITEM A.7 AGENDA ITEM REQUEST _ Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] April 1, 2003 March 17, 2003 (Noon.) [] June 3, 2003 May 19, 2003 (Noon) [] April 15, 2003 March 31, 2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) [] May 6, 2003 April 14, 2003 (Noon) [] July 1, 2003 June 16, 2003 (Noon) [] May 20, 2003 May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code Con-qaliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Amend Chapter 13-20 of the Code of Ordinances regarding Special Event Permits. EXPLANATION: Upon City Commission request, Section 13-20 "Special Events" has been amended to expedite the review, consideration and approval process of special event permits. PROGRAM IMPACT: City Commission will no longer be required to review special event permit applications that involve the following: sale and/or disbursement of alcoholic beverages, any religious or political activity, any multi-business related event, or any gathering with an expected attendance of 250 or more people. The City Commission will provide authorization for the City Manager or his/her designee to approve all special event permits, providing for conflicts, severability, codification and an effective date. FISCAL IMPACT: None ALTERNATIVES: City Commission continues to review certain special event permit applications as noted in Ordinance 98-37. Departitnent Hd.~d's Signature{ ~ .? ' City Manager's Signature / Recreation & Parks Department Name City Attorney / Finance / Human Resources S:~BULLETIN~ORMSL~.GENDA ITEM REQUEST FORM.DOC ORDINANCE NO. 03- O~" AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOY-NTON BEACH, FLORIDA, AMENDING CHAPTER 13. LICENSES. SECTION 13-20 SPECIAL EVENTS, SUBSECTION (a) PERMITS FOR SPECIAL EVENTS. TO PROVIDE AUTHORIZATION FOR THE CITY MANAGER OR HIS/HER. DESIGNEE TO APPROVE ALL SPECIAL EVENTS; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, by Ordinance 98-37, the Code of Ordinances was amended to provide Permits for Special Events to be reviewed and considered solely by the City ',ommission; and WHEREAS, in order to expedite the review, consideration and approval process the Commission deems it to be in the best interest of the citizens and residents of the City to Chapter 13. Section 13-20 (a) to allow the City Manager or his/her designee authority approve all Special Events. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF CITY OF BOYNTON BEACH, THAT: ection 1. Chapter 13. Licenses. Section 13-20 Special Events, subsection (a) is hereby by adding the words and figures in underlined type and by deleting the words and in struck-through type, as follows: Sect. 13-20. Special Events. (a) Permits for special events. (4-}It shall be unlawful to organize, conduct or participate in any special event on the streets of the city or at any of the city's outdoor recreation facilities unless a permit for such special event has been issued by the City Manager or his/her designee._, or by ~k~ t~;,,, r' .... b. Any re!igicu: er p~l;,,-;~l 13-20 - Special Events Amendment.doc Section 2. Each and every other provision of Chapter 13 of the Code of Ordinances of i; the City of Boynton B each not herein specifically amended shall remain in full force and ffect as previously enacted. Section 3. All ordinances or parts of ordinances in conflict herewith be and the same are aereby repealed. gection 4.. Should any section or provision of this ordinance or portion hereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, ~uch decision shall not affect the remainder of this ordinance. ;ection 6. Authority is hereby granted to codify said ordinance. Section 7. This ordinance shall become effective immediately upon passage. FIRST READING this ,~ day of ,,..~t.l.t~, , 2003. SECOND, FINAL READING AND PASSAGE this day of~ ,2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner ~.TTEST: Commissioner City Clerk Commissioner CORPORATE SEAL) ,:\CA\Ordinances~Administrative\SeclJon 13-20 - speaal Events Amendment. doc Xl]~. - LEGAL TTEH A.8 CITY OF BOYNTON BEAC AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] April 1,2003 March 17, 2003 (Noon.) [] June 3, 2003 May 19, 2003 (Noon) [] April 15, 2003 March 31,2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) [] May 6, 2003 April 14, 2003 (Noon) [] July l, 2003 June 16, 2003 (Noon) [] May 20, 2003 May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the June 17, 2003 City Commission Agenda under Legal, Ordinance - Second Reading. On June 3, 2003, the City Commission with a 5 to 0 vote, approved the subject Ordinance on First Reading. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 02-266. EXPLANATION: PROJECT: Seacrest Scrub (LUAR 02-012) AGENT: City-initiated OWNER: Palm Beach County LOCATION: South Seacrest Boulevard approximately % mile north of the intersection of Gulfstream Boulevard DESCRIPTION: Request to reclassify the subject property from Recreational (R) to Conservation (CON). A request to rezone from Recreation (REC) to Environmentally Sensitive Land (ESL) will be brought forward at a future date. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A ~ Developnj/Tt Department Dn'ector City 3vlanager's Sigx{ature ~ - 151~nning and~oning(Dh'ec'to~-"- City Attorney / Finance / Human Resources S :LPlanning\SHARED\WPLPROJECTS\SCRUBXSEACRESTxLUAR\Agenda Item Request Seacrest scrub LUAR 02-012 2nd reading 6-17-03.dot ORDINANCE NO. 03- O~l,~ AN ORDINANCE OF THE CITY OF BOY-NTON BEACH, FLORIDA, REGARDING PROPERTY LOCATED AT SOUTH SEACREST BOULEVARD, KNOWN AS SEACREST SCRUB; AMENDING ORDINANCE 89-38 BY AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY FOR THE PROPERTY MORE PARTICULARLY DESCRIBED HEREINAFTER; THE LAND USE DESIGNATION IS BEING CHANGED FROM RECREATIONAL (R) TO CONSERVATION (CON); PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida has a Comprehensive Future Land Use Plan and as part of said Plan a Future Land Element by Ordinance No. 89-38 in accordance with the Local Government : Planning Act; and WHEREAS, the procedure for amendment of a Future Land Use Element of a Plan as set forth in Chapter 163, Florida Statutes, has been followed; and WItEREAS, after public hearing and study, the City Commission deems it in the lest interest of the inhabitants of said City to amend the aforesaid Element o fthe Plan as adopted by the City herein. NOW, TltEREFORE, BE IT ORDAINED BY TIlE CITY COMMISSION OF CITY OF BOYNTON BEACIt, FLORIDA, TIlAT: Section 1: The foregoing WHEREAS clauses are true and correct and ~orated herein by this reference. Section 2: Ordinance No. 89-38 of the City is hereby amended to reflect the \CA\Ordinances\Planning\Land ~se\Seacree= Scrub ~and ~se.doc That the Future Land Use of the following described land shall be designated as Conservation (CON). Said land is more particularly described as follows: That part of the Southwest quarter of Govemment Lot 2 lying west of the Florida East Coast Railway right-of-way, together with the South half of Government Lot 3, the Southeast quarter of Government Lot 4, that part of the North quarter o f the Southwest quarter o f the Northeast quarter of Section 4; lying West of the Florida East Coast Railway right-of-way; and the North quarter of the Southeast quarter of the Northwest quarter of Section 4, all lying in Section 4, Township 46 South, Range 43 East, Palm Beach County, Florida: EXCEPTING THEREFROM that part of Government Lot 4 lying within an 80-foot road right-of-way as conveyed to the county of Palm Beach in Deed book 901, page 234. (PCN 08-43-46-04-00-002-0010) Section 2: That any maps adopted in accordance with the Future Land Use Element shall be amended accordingly. Section 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 4: Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 5: This Ordinance shall take effect on adoption, subject to the review, :hallenge, or appeal provisions provided by the Florida Local Government Comprehensive Planning and Land Development Regulation Act. No party shall be vested of any right by virtue of the adoption of this Ordinance until all statutory required review is complete and all legal challenges, including appeals, are exhausted. In the event that the effective date is established by state law or special act, the provisions of state act shall control. FIRST READING this ~ day of x,JLI, t'x~ ,2003. ~\CA\Ordinances~P~anning\Land Use\Seacres~ $cru~ Land Use.doc ~ SECOND, FINAL READING and PASSAGE this ~ day of ., 2003. CITY OF BOY-NTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ,T: , Clerk Seal) ~:\CA\Ordinances\Planning\Land Use\Seacres~ scru~ Land Use.doc DEVELOPMENT DEPARTMENT PLANNING & ZON:[NG DI~/ISION MEMORANDUM NO. PZ 02-266 TO: Chairman and Members Planning ~elopment Board FROM' Dick Huds._e~;~$enior Planner THROUGH: Michael W. Rumpf Director of Planning and Zoning DATE: November ].8, 2002 PRO.]ECT DESCRIPTION Project: Seacrest Scrub Land Use AmendmentJRezoning Agent: City-initiated Owner: Palm Beach County Location: South Seacrest Boulevard approximately 1/4 mile north of the intersection of Gulfstream Boulevard File No: Land Use AmendmentjRezoning (LUAR 02-012) Property Description: Vacant property consisting of _*53.69 acres, classified Recreational (R) and zoned REC Recreation Proposed change/use: To reclassify the subject property from Recreational (R) to · Conservation (CON), and rezone from Recreation (REC) to Environmentally Sensitive Land (ESL). Adjacent Land Uses and Zoning: North: (Northwest) Developed single-family homes designated Low Density Residential (LDR) with a maximum density of 4.84 du/ac and zoned RiAA (single-family residential at a density of 5.40 du/ac. (Northeast) Developed residential uses designated Medium Density Residential (MeDR) with a maximum density of 9.68 du/ac, and zoned R-2 (Duplex residential) with a maximum density of 9.68 du/ac. South: Single family homes developed with land use and zoning similar to that lying north of the property. (Northwest) Developed single-family residential designated Low Density Residential (LDR) with a maximum density of 4.84 du/ac and zoned RiAA (single-family residential at a density of 5.40 du/ac. (Northeast) Developed residential designated Medium Density Residential (MeDR) with a maximum density Page 2 File Number: LUAR 02-012 Seacrest Scrub of 9.68 du/ac, and zoned R-2 (Duplex residential) with a maximum density of 9.68 du/ac. East: Rights-of-way of the Florida East Coast Railroad and Old Dixie Highway, then commercial development--those properties lying within the City of Boynton Beach are designated General Commercial (GC) and zoned C-4 General Commercial; those properties lying within the unincorporated area of Palm Beach County have the county equivalent land use and zoning. West: Right-of-way of Seacrest Boulevard, then developed single-family homes (Chapel Hill) designated Low Density Residential (LDR 4.84 du/ac) and zoned R-i-AAB Single Family Development. PROPOSED USE OF THE PROPERTY The property will remain a permanently preserved native Florida ecosystem, available to the public for passive, natural resource-based outdoor recreation and education. A management plan for the property is in place and the County has developed a parking and interpretive area on the site, which facilitates public access and enjoyment of the natural area. INTRODUCTION. In 1993, the City of Boynton Beach and Palm Beach County entered into an interlocal agreement for the acquisition and management of the Seacrest Scrub Ecosite. Under terms of that agreement, the City was required to amend the land use and zoning to designate the property for use as a "CONSERVATION" area. At that time the City's Comprehensive Plan had a "CONSERVATION OVERLAY", which was placed over the future land use designation of all Type "A" and Type "B" ecosites; it did not have a specific "CONSERVATION" land use or a corresponding zoning category. The City's "RECREATIONAL" land use classification and "RECREATION" zoning designation were considered by the City as appropriate to this end since the definition of the "RECREATION" zoning designation as specified in Chapter 2, Zoning, Section 5.I.(1).(d). provides for "Preservation or conservation uses intended to maintain the general openness or vegetation of the land for environmental, educational, archaeological or open space reasons." The land use amendment to RECREATIONAL for this property was a part of the EAR-based Comprehensive Plan amendments in 2000. The rezoning to "Recreation" took place in Apdl 2001. At the request of the Palm Beach County Department of Environmental Resources Management (DERM), the City is adding a "CONSERVATION" land use to the Comprehensive Plan and a corresponding Environmentally Sensitive Land (ESL) zoning district in order to complete the process, as required by the intertocal agreement. PRO.1 ECT ANALYSZ$ The parcels, which are the subject of this land use amendment, total +_53.69 acres. Because of the size of the property under consideration, the Florida Department of Community Affairs classifies this amendment as a "large scale" amendment. Following local board review and City commission public hearing, a "large-scale" amendment is transmitted to the Florida Department of Community Affairs for review for compliance with the state, regional and local comprehensive plans prior to adoption. Following the review period of approximately 60 days, Page 3 File Number: LUAR 02-0].2 Seacrest Scrub DCA provides the City with a report of their findings in an "Objections, Recommendations and Comments (ORC) Report". The City then has 60 days to either (].) adopt the amendment as transmitted, (2) adopt the amendment with changes in response to the ORC report, or (3) determine not to adopt'the amendment and inform DCA of that decision. According to Florida Statutes Chapter :[63, large-scale amendments may only be adopted during two amendment cycles each calendar year. This amendment request is a part of the first round of amendments for the 2003 calendar year. The criteria used to review Comprehensive Plan amendments and rezonings are listed in The Land Development Regulations, Chapter 2, Section 9, ,4drn/n/strat/on and Enforcement, Item C. Cornprehen$/ve P/an .4rnendrnen~: Rezon/ng$. These criteria are required to be part of a staff analysis when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Map. Staff has analyzed the amendment and rezoning utilizing the requisite criteria and finds both to be supported by this analysis. The proposed amendment is a requirement of the 1995 interlocal agreement for the acquisition and management of the scrub between the City of Boynton Beach and Palm Beach County. Concurrent with this Future Land Use Map amendment, the City is amending the text of the Comprehensive Plan Future Land Use Element to add a "Conservation (CON)" land use classification. That language reads as follows: Conserver~on: The City shall apply a Conservation (CON) land use category to any natural areas acquired within the City for the purpose of conserving or protecting natural resources or environmental quality. These areas may be used for wildlife management, passive recreation and environmental restoration/protection. These natural areas may include site improvements to support uses that are deemed appropriate and consistent with the function of the designated area. The City shall coordinate with Palm Beach County to designate environmentally sensitive lands that are publicly acquired within the incorporated area as Conservation. The City is also adding a zoning category, Environmentally Sensitive Land (ESL), to the zoning code, and will apply that zoning to the property. CONCLUSTON$/RECOF4F4ENDATZONS As indicated herein, this request is consistent with the intent of the Comprehensive Plan; will not create additional impacts on infrastructure that have not been anticipated in the Comprehensive Plan; will be compatible with adjacent land uses and will contribute to the overall economic development of the City. Therefore, staff recommends that the subject request be approved. If the Planning and Development Board or the City Commission recommends conditions, they will be included within Exhibit "B" and incorporated into the ordinances accordingly. ATTACH M ENTS ]: \SH RO ATA~P~nnir~HARED~ WI~PR.03 EC'~"~U B'~,,~EAC~ LUAR~,..~/'A~ REPORT Location Map SEACREST SCRUB XII. - LEGAL CITY OF BOYNTON BEA( ITEM A.9 AGENDA ITEM REQUEST Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to Cit~ Clerk's Office [] April 1, 2003 March 17, 2003 (Noon.) [] June 3, 2003 May 19, 2003 (Noon) [] April 15, 2003 March 31, 2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) [] May 6, 2003 April 14, 2003 (Noon) [] July 1,2003 June 16, 2003 (Noon) [] May 20, 2003 May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon) [] Admmistrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the June 17, 2003 City Commission Agenda under Legal, Ordinance - Second Reading. On June 3, 2003, the City Commission with a 5 to 0 vote, approved the subject Ordinance on First Reading. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 02-267. EXPLANATION: PROJECT: Rosemary Scrub (LUAR 02-011) AGENT: City-initiated OWNER: Palm Beach County LOCATION: Northwest comer of the intersection ofN. Seacrest Boulevard and Miner Road DESCRIPTION: Request to reclassify the subject property from Recreational (R) to Conservation (CON). A request to rezone from Recreation (REC) to Environmentally Sensitive Land (ESL) will be brought forward at a future date. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A .... City Manager s Signature Develop~t Department Director x....~- - Pqa~ming and ~lfning Director City Attorney / Finance / Human Resources S:LPlanning\SHARED\WPLPROJECTSXSCRUB~ROSEMARY'xLUARLS. genda Item Request Rosemary Scrub LUAR 02-0l I 2nd reading 6-17-03.dot ORDINANCE NO. 03- AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING PROPERTY LOCATED AT THE NORTHWEST CORNER OF THE INTERESECTION OF N. SEACREST BOULEVARD AND MINER ROAD, KNOWN AS THE ROSEMARY SCRUB; AMENDING ORDINANCE 89-38 BY AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSWE PLAN OF THE CITY FOR THE PROPERTY MORE PARTICULARLY DESCRIBED HEREINAFTER; THE LAND USE DESIGNATION IS BEING CHANGED FROM RECREATIONAL (R) TO CONSERVATION (CON); PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida has a Comprehensive Future Land Use Plan and as part of said Plan a Future Land ~se Element by Ordinance No. 89-38 in accordance with the Local Government ~ive Planning Act; and WHEREAS, the procedure for amendment of a Future Land Use Element of a 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 interest of the inhabitants of said City to a mend t he aforesaid Element o f t he Plan as adopted by the City herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1: The foregoing WHEREAS clauses are true and correct and incorporated herein by this reference. $:\CA\Ordinances\Planning\Land Use\Rosemary Scrub Land Use.doc Section 2: 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 Conse~ation (CON). Said land is more particularly described as follows: A parcel of land lying in Sections 9 and 16, Township 45 South, Range 43 East, Palm Beach County, Florida, being more particularly described as follows: From the Southeast comer of the Southwest Quarter (SW ¼) of said Section 9 mn North 90© 00' 00" West along the South line of said Section 9 a distance of 40.00 feet to the Point of Beginning of the herein described parcel of land; continue thence North 90© 00' 00" West a :listance of 68.59 feet; thence due South a distance of 40.00 feet; thence due East a distance ~f45.88 feet to the point of curvature of a curve concave to the Southwest having a radius of thence Southeasterly along the arc of said curve through a central angle of 87© 57' 15" a distance o f3 8.38 feet to a point on the Westerly Right-of-Way Iine of Seacrest and point of tangency of said curve; thence South 02© 02' 45" East along said Right-of-Way line a distanced of 75.88 feet; thence South 87° 57' 15" West along ;outh line of Lot 10, Block 20, of Rolling Green Ridge, 1st Addition, as recorded in Plat 24, at Page 223, of the Public Records of Palm Beach County, Florida, a distance of feet; thence along the North line of said Plat of Rolling Green Ridge, South 52© 20' 15" West a distance of 75.79 feet; thence North 50© 50' 05" West a distance of 77.39 feet; North 90© 00' 00" West a distance of 130.42 feet; thence leaving said North line ,rth 02© 02' 45" West along a line parallel to Seacrest Boulevard a distance of 140.08 feet a point on the South line of said Section 9; thence North 01© 32' 45" East along a line to Seacrest Boulevard a distance of 658.72 feet to a point on the North line of the ,outh half(S V2) of the Southeast Quarter (SE ¼) of the Southwest Quarter (SW ¼) of said ;ection 9; thence along said North line South 89© 58' 45" East a distance of 324.05 feet to a on the Westerly Right-of-Way line of Seacrest Boulevard, an 80.00 foot wide road thence South 01© 32' 45" West along said Westerly Right-of-Way line a of 658.62 feet to the Point of Beginning. AND EXCEPT THEREFROM THE FOLLOWING DESCRIBED PROPERTY: ,arcel of land lying in Section 9, Township 45 South, Range 43 East, Palm Beach County, being more particularly described as follows: 5om the Southeast comer of the Southwest Quarter (SW ¼) of said Section 9; thence due est along the South line of said Section 9, a distance of 40.01 feet to a point of .ntersections with a line parallel with and 40.00 feet at right angles to the East line of the outhwest Quarter (SW tA) of said Section 9; thence North 01© 32' 45" East along said arallel line a distance of 40.01 feet to a point of intersection with a line parallel with and ~[0.00 feet at right angles to the South line of the Southwest Quarter (SW ¼) of said Section 9 l=\CA\Ordinances\Planning\Land Use\Rosemary Scrub Land Use.doc : Point of Begirming of the herein described parcel; thence continue North 01© 32' 45" along the West Right-of-Way line of Seacrest Boulevard, as now laid out and in use, a of 250.00 feet; thence due West a distance of 175.00 feet; thence South 01© 32' 45" a distance of 250.00 feet; thence due East a distance of 175.00 feet to the Point of :el [ D. Nos. 08-43-45-09-00-000-7080; 08-43-45-09-00-000-7090; 08-43-45-16- 1-020-0100; 08-43-45-16-00-000-3100; and 08-43-45-16-00-000-3110.) Section 2: That any maps adopted in accordance with the Future Land Use Element hall be amended accordingly. Section 3: All ordinances or parts of ordinances in conflict herewith are hereby .ealed. 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 remainder of this Ordinance. Section 5: This Ordinance shall take effect on adoption, subject to the review, or appeal provisions provided by the Florida Local Government Comprehensive and Land Development Regulation Act. No party shall be vested of any right by of the adoption of this Ordinance until all statutory required review is complete and all legal challenges, including appeals, are exhausted. In the event that the effective date is dished by state law or special act, the provisions of state act shall control. FIRST READING this ~ day of ~-~oa3~. ,2003. i=\CA\Ordinances\Planning\Land Use\Rosemary Scrub Land Use.doc ' SECOND, FINAL READING and PASSAGE this ~ day of ,2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ;T: Clerk iCorporate Seal) :\CA\Ordinances\Planning\Land Use\Rosemary Scrub Land Use.doc DEVELOPMENT DEPARTMENT PLANNING & ZONING DIVISION MEMORANDUM NO. PZ 02-267 TO: Chairman and Members Planning and Dev~t Board FROM: Dick Hudson, Serj;~F-Pla.n, ner THROUGH: Michael W. Rumpf ' Director of Planning and Zoning DATE: November 18, 2002 PRO3ECT DESCRIPTION Project: Rosemaw Scrub Land Use Amendment/Rezoning Agent: City-initiated Owner: Palm Beach County Location: Northwest corner of the intersection of N. Seacrest Boulevard and Miner Road File No: Land Use Amendment/Rezoning (LUAR 02-011) Property Description: Vacant property consisting of +_13.59 acres, classified Recreational (R) and zoned Recreation (REC) Proposed change/use: To reclassi~ the subject property from Recreational (R) to Conservation (CON), and rezone from Recreation (REC) to · Environmentally Sensitive Land (ESL). Adjacent Land Uses and Zoning: North: Developed Single-family homes designated Moderate Density Residential (LDR) with a maximum density of 7.26 du/ac and zoned R-l_ (single-family residential at a density of 7.26 du/ac). South: Single-family homes designated Moderate Density Residential (LDR) with a maximum density of 7.26 du/ac and zoned R-l_ (single-family residential at a density of 7.26 du/ac). East: Right-of-way of Seacrest Boulevard then developed single-family housing designated Moderate Density Residential with a maximum density of 7.26 du/ac and zoned R-1 (single-family residential at a density of 7.26 du/ac). Page 2 File Number: LUAR 02-011 Rosemary Scrub West: Right-of-way of 1-95. Farther west, developed property in the High Ridge Commerce Park PID designated Industrial (I) and zoned Planned Industrial Development PROPOSED USE OF THE PROPERTY The property will remain a permanently preserved native Florida ecosystem, available to the public for passive, natural resource-based outdoor recreation and education. A management plan for the property is in place and the County has developed a parking and interpretive area on the site, which facilitates public access and enjoyment of the natural area. INTRODUCTION In 1993, the City of Boynton Beach and Palm Beach County entered into an interlocal agreement for the acquisition and management of the Rosemaw Scrub Ecosite. Under terms of that agreement, the City was required to amend the land use and zoning to designate the property for use as a "CONSERVAg'iON" area. At that time the City's Comprehensive Plan did have a "CONSERVATION OVERLAY", which was placed over the future land use designation of all Type "A" and Type "B" ecosites; it did not have a specific "CONSERVATION" land use or a corresponding zoning categow. The City's "RECREA'F[ONAL" land use classification and "RECREATION" zoning designation were considered by the City as appropriate to this end since the definition of the "RECREATION" zoning designation as specified in Chapter 2, Zoning, Section 5.I.(1).(d). provides for "Preservation or conservation uses intended to maintain the general openness or vegetation of the land for environmental, educational, archaeological or open space reasons." The land use amendment to RECREA'f'[ONAL for this property was a part of the EAR-based Comprehensive Plan amendments in 2000. The rezoning to "Recreation" took place in April 2001. At the request of the Palm Beach County Department of Environmental Resources IVlanagement (DERM), the City is adding a "CONSERVATION" land use to the Comprehensive Plan and a corresponding Environmentally Sensitive Land (ESL) zoning district in order to complete the process, as required by the intertocal agreement. PRO3ECT ANALYS~S The parcels, which are the subject of this land use amendment, total acre. Because of the size of the property under consideration, the Florida Department of Community Affairs classifies this amendment as a "large scale" amendment. Following local board review and City Commission public hearing, a "large-scale" amendment is transmitted to the Florida Department of Community Affairs for review for compliance with the state, regional and local comprehensive plans prior to adoption. Following the review period of approximately 60 days, DCA provides the City with a report of their findings in an "Objections, Recommendations and Comments (ORC) Report". The City then has 60 days to either (1) adopt the amendment as transmitted, (2) adopt the amendment with changes in response to the ORC report, or (3) determine not to adopt the amendment and inform DCA of that decision. According to Florida Statutes Chapter 163, large-scale amendments may only be adopted during two amendment cycles each calendar year. This amendment request is a part of the first round of amendments for the 2003 calendar year. Page 3 File Number: LUAR 02-011 Rosemary Scrub The criteria used to review Comprehensive Plan amendments and rezonings are listed in The Land Development Regulations, Chapter 2, Section 9, Administration and Enforcement, 1:tern C. Comprehensive P/an ,4mendrnent~: Rezonings. These criteria are required to be part of a staff analysis when the-proposed change includes an amendment to the Comprehensive Plan Future Land Use Hap. Staff has analyzed the amendment and rezoning utilizing the requisite criteria and finds both to be supported by this analysis. The proposed amendment is a requirement of the ~.995 intertocal agreement for the acquisition and management of the scrub between the City of Boynton Beach and Palm Beach County. Concurrent with this Future Land Use Nap amendment, the City is amending the text of the Comprehensive Plan Future Land Use Element to add a "Conservation (CON)" land use classification. That language reads as follows: Conservat/on: The City shall apply a Conservation (CON) land use category to any natural areas acquired within the City for the purpose of conserving or protecting natural resources or environmental quality. These areas may be used for wildlife management, passive recreation and environmental restoration/protection. These natural areas may include site improvements to support uses that are deemed appropriate and consistent with the function of the designated area. The City shall coordinate with Palm Beach County to designate environmentally sensitive lands that are publicly acquired within the incorporated area as Conservation. The City is also adding a zoning category, Environmentally Sensitive Land (ESL), to the zoning code, and will apply that zoning to the property. CONCLUSZONS/RECOMMENDATZONS As indicated herein, this request is consistent with the intent of the Comprehensive Plan; will not create additional impacts on infrastructure that have not been anticipated in the Comprehensive Plan; will be compatible with adjacent land uses and will contribute to the overall economic developme.nt of the City. Therefore, staff recommends that the subject request be approved. ]:f the Planning and Development Board or the City Commission recommends conditions, they will be included within Exhibit "B" and incorporated into the ordinances accordingly. ATTACHMENTS \\C~\MA[N\$HRDATA\P~qnincj\SHARED\WI~PROJECT~SCRu~ROS~AR~LUAR~AFF REPORT LUAR.dOC XZI. - LEGAL CITY OF BOYNTON BEA£ ZTEt-t A.10 AGENDA ITEM REQUEST FOnava Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] April 1, 2003 March 17, 2003 (Noon.) [] June 3, 2003 May 19, 2003 (Noon) [] April 15, 2003 March 31, 2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) [] May 6, 2003 April 14, 2003 (Noon) [] July 1, 2003 June 16, 2003 (Noon) [] May 20, 2003 May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon) [] Administrative [] Legal NATURE OF [] Announcement' [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the June 17, 2003 City Commission Agenda under Legal, Ordinance - Second Reading. On June 3, 2003, the City Commission with a 3 to 2 vote, approved the subject Ordinance on First Reading. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 02-277. EXPLANATION: PROJECT: Arbolata Townhomes (LUAR 02-009) AGENT: William Weitsma, William Weitsma Company., Inc. OWNER: William H. Baker, Trustee LOCATION: 3450 South Congress Avenue DESCRIPTION: Request to reclassify the subject property from Industrial (I) to High Density Residential (HDR) at a density of 10.8 du/ac, in order to construct 172 fee-simple townhouses. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A ~D~vel~n~n,-t DepartmentDirector City anagers igna e ~ l~anning and Zo~'~'dl~g Dire'~t'or ' City Attorney / Finance / Human Resources S:~Planning\SHARED\WPLPROJECTS\Arbolata Townhomes\LUAR 02-009L&genda Item Request Arbolata Townhomes LUAR 02-009 Reclassify 2nd reading 6-17-03.dot ORDINANCE NO. 03- ~ AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING PROPERTY LOCATED AT THE SOUTHEAST CORNER OF S. CONGRESS AVENUE AND SW 35TH AVENUE (ARBOLATA TOWNHOMES); AMENDING ORDINANCE 89-38 BY AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSWE PLAN OF THE CITY FOR THE PROPERTY MORE PARTICULARLY DESCRIBED HEREINAFTER; THE LAND USE DESIGNATION IS BEING CHANGED FROM INDUSTRIAL (I) TO HIGH DENSITY RESIDENTIAL (HDR); PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. 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 Element by Ordinance No. 89-38 in accordance with the Local Government five Planning Act; and WHEREAS, the procedure for amendment of a Future Land Use Element of a ve 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 ,est interest of the inhabitants of said City to amend the aforesaid Element o f the Plan as adopted by the City herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1' The foregoing WHEREAS clauses are true and correct and herein by this reference. Section 2: Ordinance No. 89-38 of the City is hereby amended to reflect the S:\CA\Ordinances\Planning\Land Use\ArDola~a Land Use.doc following: That the Future Land Use of the following described land shall be designated as High Density Residential (HDR). Said land is more particularly described as follows: A TRACT OF LAND LYING IN THE SOUTHWEST QUARTER (S.W. 1/4) OF THE NORTHWEST QUARTER (N.W. 1/4) OF SECTION 5, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE WEST QUARTER CORNER OF SAID SECTION 5; THENCE NORTH 1°08'20'' EAST, AN ASSUMED BEARING, ALONG THE WESTERLY BOUNDARY OF SAID SECTION BEING ALSO THE CENTERLINE OF CONGRESS AVENUE, 572.10 FEET TO A POINT; THENCE RUN DUE EAST, PARALLEL WITH THE SOUTHERLY BOUNDARY O F T HE AFORESAID NORTHWEST QUARTER (N.W. 1/4), 53 FEET MORE OR LESS TO A POINT OF INTE~ECTION WITH THE EASTERLY RIGHT OF WAY LINE OF CONGRESS AVENUE, AND THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE CONTINUE DUE EAST, 1300.32 FEET TO A POINT IN THE EASTERLY BOUNDARY OF THE AFORESAID SOUTHWEST QUARTER (S.W. 1/4) OF THE NORHTWEST QUARTER (N.W. 1/4), THENCE SOUTH 1°05'30" WEST, ALONG SAID EASTERLY BOUNDARY, i72.11 FEET TO A POINT, THENCE DUE WEST, 1300.84 FEET TO A POINT; THENCE qORTH 1°05'30'' EAST, 572.10 FEET TO THE POINT OF BEGINNING, LESS THE NORTH 30 FEET THEREOF AND LESS THE ROAD RIGHT OF WAY FOR CONGRESS AVENUE. CONTAINING 16.0871 ACRES MORE OR LESS. (PCN 08-43-46-05-00-000-3030) Section 2: That any maps adopted in accordance with the Future Land Use Element shall be amended accordingly. Section 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 4: Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. S~\CA\Ordinances\Planning\Land Use\Arbolata Land Use.doc Section 5: This Ordinance shall take effect on adoption, subject to the review, or appeal provisions provided by the Florida Local Government Comprehensive and Land Development Regulation Act. No party shall be vested of any fight by .rtue of the adoption of this Ordinance until all statutory required review is complete and all legal challenges, including appeals, are exhausted. In the event that the effective date is established by state law or special act, the provisions of state act shall control. FIRST READING this ~ day of ,,,J~.l,e~ ,2003. SECOND, FINAL READING and PASSAGE this ~ day of ,2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ,T: Clerk Seal) =\CA\Ordinances\Planning\Land UsekArbola=a Land Use.doc DEVELOPMENT DEPARTMENT PLANNING & ZONING DIVISION MEMORANDUM NO. PZ 02-277 TO: Chai~'man and Members Planning~pment Board i FROM: Dick Huds~,~ni~ THROUGH: Michael W Rumpf' Director of Planning and Zoning DATE: December 3, 2002 PRO3ECT DESCRIPTI:ON Project/Applicant: Arbolata Townhomes/William Wietsma Co., Inc. Agent: William Wietsma Owner: William H. Baker, Trustee Location: Southeast corner of S. Congress Avenue and SW 35~ Avenue File No: Land' Use Amendment/Rezoning (LUAR 02-009) Property_Description: Vacant property consisting of ±16.087 acres, classified ]:ndustrial (]:) and zoned M-1 Industrial. Proposed change/use: To reclassify the subject property from Industrial (];) to High Density Residential (HDR) at a density of 10.8 du/ac, and rezone from H-t Tndustrial to PUD Planned Unit Development, in order to construct 172 fee-simple townhouses. Adjacent Land Uses and Zoning: North: Right-of-way of SW 35m Avenue then developed property (Guardian Self-storage and Steding Records Storage) designated Industrial (Ii and zoned M-1 Industrial. South: Right-of-way of the Lake Worth Drainage District L-28 (lateral) Canal, then developed properties, containing a variety of industrial uses, designated Industrial (Ii and zoned M-t Industrial. East: Developed County-owned recreation facility (Caloosa Park) designated Recreational (Ri and zoned REC Recreation. Page 2 File Number: LUAR 02-009 Arbotata Town Homes West: Right-of-way of South Congress Avenue, then developed residential property (]:stes of Hunter's Run) designated Low Density Residential (LDR) at a density of 4.84 du/ac, and zoned PUD Planned Unit Development. PRO3ECT ANALYSIS The parcels, which are the subject of this land use amendment, total ±16.087 acres. Because of the size of the property under consideration, the Florida Department of Community Affairs classifies this amendment as a "large scale" amendment. Following local board review and City Commission public hearing, a "large-scale" amendment is transmitted to the Florida Department of Community Affairs for review for compliance with the state, regional and local comprehensive plans prior to adoption. Following the review period of approximately 60 days, DCA provides the City with a report of their findings in an "Objections, Recommendations and Comments (ORC) Report". The City then has 60 days to either (1) adopt the amendment as transmit"ced, (2) adopt the amendment with changes in response to the ORC report, or (3) determine not to adopt the amendment and inform DCA of that decision. Adoption is tentatively scheduled for May 2003. According to Flodda Sl:atutes Chapter 163, large-scale amendments may only be adopted during two amendment cycles each calendar year. This amendment request is a part of the first round of amendments for the 2003 calendar year. Although we normally bring both the land use amendment and rezoning forward simultaneously, the processes are being separated for this application. The request for rezoning is to Planned Unit Development, which requires the concurrent approval of a master/ site plan. Staff has requested additional information from the applicant prior to final review of the site plan, which could not be supplied in order to meet the agenda for this meeting. Since there is a maximum 120 days between transmittal of the land use amendment and its adoption, the land use amendment and rezoning will ultimately be adopted simultaneously. The criteria used to review Comprehensive Plan amendments and rezonings are listed in the Land Development Regulations, Chapter 2, Section 9, Administral;'on and Enforcement, Item C. Comprehensive Plan Amendment: Rezon/ngs. These criteria are required to be part of a staff analysis when the proposed Change includes an amendment to the Comprehensive Plan Future Land Use Map. a. Whether the proposed rezon/ng would be cons/stent w/th applicable comprehensive plan policies including but not I/m/ted to, a prohibi&'on against any increase/n dwe/#ng unit density exceeding 50 in the hurricane evacuation zone without written approval of the Palm Beach County Emergency Planning Division and the City's risk manager, The planning department shall also recommend limitations or requirements, which would have to be imposed on subsequent development of the property, in order to comply w/th policies contained in the comprehensive p/an. The property is not located in the hurricane evacuation zone; therefore, the prohibition against increasing residential densities does not apply. Other applicable policies from the comprehensive plan are cited below. Page 3 fie Number: LUAR 02-009 Arbolata Town Homes Po/icy 1.19.2 The City shall prov/de continued effort to a/low for industrial acreage; however, that land designated "Industrial" on the currently adopted Future Land Use Nap may be converted to commercial or res/dent/a/designations if the COnversion (i) would generate a range of employment choices for current and future res/dents, provide goods and services of regional importance, or would provide opportunities for the City to meet /ts long-range housing gods; and (ii) is based upon adequate data including market analysis. The proposed amendment will reduce the amount of land designated for industrial development in the City; however, the applicant states that the proposed amendment will permit additional owner-occupied housing at competitive prices at this location. No data and market analysis are provided to support the need for this additional housing or to justify the conversion of industrial land, and no price-range for the units is provided to show that these units will most likely address the unmet needs of a particular segment of the housing market. Po/icy 1.19.4 The City shall continue to encourage and enforce the development of industn'a/ /and as industn'a/ parks or concentrated industn'a/ areas in order to maximize the linkage between complementary industn'es. The land in this part of the South Congress Avenue corridor with an "]:ndustriat" land use designation total approximately ~.67 acres. This is the largest concentration of contiguous industrial land in the City that is not located in a Planned ]:ndustrial Development (P:[D) or industrial park and does offer the opportunity for maximizing the linkages between complementary industries. The conversion of the subject ±16.087 acres will effectively divide the single industrial area into two distinct areas each containing groups of similar industrial uses a~l will sever established linkages or preclude the establishment of linkages in the future. This industdal area consists of a combination of manufacturing, construction, service and storage uses and few vacancies exist. The subject parcel is only one of two sites remaining undeveloped in the area. Po/icy 1. i7.3 The O'ty shall continue to ut#ize and enforce requirements for buffer wa/Is between residenO'a/ and commercial or industrial districts as set forth in the zoning regulations. and, Po/icy 1.17.4 The City shall adopt and enforce regulations to require so/id vegetative screening between industrial and resident~'a/ uses, wherever practica/, in oddity'on to buffer wails. The requirements for buffer walls and vegetative screening between industrial and residential uses, recognizes the incompatibilities of the two types of uses. Generally, Planned Unit Developments (PUDs) are required to observe setback requirements of the abut-ting zoning districts; in this case M-1 ]:ndustrial. These requirements are: Minimum front yard 15 feet Minimum side yard (interior) 15 feet Minimum side yard (corner) 15 feet street side Minimum rear yard 20 feet Page 4 File Number: LUAR 02-009 Arbolata Town Homes The PUD requirement, however, does not consider the fact that there may be inherent incompatibilities between the two land use designations or zoning districts, as would be the case with the proposed amendment. Both the Hunters Run PUD and the Isles at Hunters Run PUD, the two residential developments fronting on the west side of Congress Avenue, were developed with full knowledge that lands fronting on the east side of Congress Avenue were designated for industrial development and provided extra setbacks and buffering to ameliorate any negative effects. Hunters Run provides a landscaped setback of over 1,000 feet between Congress Avenue and the first dwelling units. The ~sles at Hunters Run provides a heavily landscaped earth berm, solid masonry wall and approximately 2.50 feet of setback from Congress Avenue. With the subject property, there may not be sufficient land area to provide extraordinary setbacks to ameliorate the effects of abutting industrial uses to the north and south, and to simultaneously provide the magnitude of setback and buffering along Congress Avenue to match that provided on the west side of Congress Avenue. b. Whether the proposed rezoning would be contrary to the established land use pattern, or would create an isolated distric~ unrelated to adjacent and nearby distm'ct~, or would const~'tute a grant of spec/al privilege to an individual property owner as contrasted with the protect/on of the public we/fare. As state above, the proposed land use amendment would effectively divide a single existing industrial area and could, therefore, be seen as "spot zoning." The applicant contends that the amended area will serve as a transition between the recreational use (Caloosa Park) to the east and the single-family residential (L~les of Hunters Run PUD) to the west. Homes within the neighboring PUD, however, are not visible from the site because of the berm and wall that reaches approximately 12 feet above the street grade and is planted with trees and other landscape materials. c. Whether c, ffanged or changing conditions make the proposed rezoning desirable. There have been significant c. hanges since the City's ].989 Comprehensive Plan established the current :Industrial land use classification on the subject site. The nature of industrial uses has changed such that the previous methodologies used for determining the demand for industrial property are no longer appropriate. At the same time, the increasing demand for housing within the City has seen a shift from detached single-family to single-family attached (or townhouse) developments. Even so, this may not be an ideal location for residential development and few vacant lands remain for industrial or heavy commercial uses. Furthermore, as indicated above, no data and a market analysis were submitted to justify the project and the conversion of the subject industrial land. d. Whether the proposed use would be compatible with ut#ity systems, roadways, and other public facilitz'es. Comparisons of impacts of dwelling units versus industrial use, as supplied by the applicant, are attached as Exhibit "B". These show that traffic generated by the proposed townhouse development would be approximately 1,$80 trips per day fewer than if the propert~ was Page 5 File Number: LUAR 02-009 Arbolata Town Homes developed at its maximum potential as an industrial use. These same comparisons show that demand for water and wastewater services would increase by approximately 955 gallons per day. As with all residential projects requesting a development order, the School District of Palm Beach County has reviewed the project and on October 17, 2002, approved it for school concurrency. With respect to solid waste, in a letter dated January 18, 2001 the Palm Beach County Solid Waste Authority has stated that adequate capacity exists to accommodate the county's municipalities throughout the 10-year planning period. Lastly, drainage will also be reviewed in detail as part of the review of the site plan and permit drawings, and must satisfy all requirements of the city and local drainage permitting authorities. e. Whether the proposed rezoning would be compaOble w/th the current and future use of adjacent and nearby propert/es, or would affect the property values of adjacent or nearby properties. While the lands both north and south of the subject property are designated "Industrial'; their development has been with more benign industrial uses: to the north, across SW 35~ Avenue is a self-storage facility and to the south across the L-29 Lateral Canal, a development containing small office, wholesale and retail uses. Farther southeast is a series of stand-alone and more intense industrial uses. Abutting the subject parcel to the east is Caloosa Park and to the west, across Congress Avenue, is the Isles of Hunters Run PUD. While the proposed project could be seen as a transition between the recreational use to the east and the residential use to the west, as .the applicant opines; staff must acknowledge the incompatibilities between residential and industrial uses, particularly without adequate distance and buffering to separate the two uses. f. Whether the property is physically and economically developable under the ex/sting zoning. The property is physically developable under the existing zoning; however, it has remained vacant for a number of ye.~rs, partially due to the lack of demand for industrial land in the Boynton Beach sub-market. Although the proposed use may more closely match current market demands, it is presumed that the value of this land for industrial uses will increase as the supply of such industrially classified lands decreases. g. Whether the proposed rezoning /s ora scale which is reasonably related to the needs of the neighborhood and the c/ty as a whole. While the proposed land use amendment will provide owner-occupied housing in close proximity to employment opportunities, it nevertheless divides an established single industrial district, as cited above. h. Whether there are adequate sites elsewhere in the city for the proposed use, in dist~'cts where such use is a/ready a/lowed. There are only a few very small parcels in the City designated for multi-family residential development. A similar land use amendment and rezoning would be required for any project of this size to develop in Boynton Beach. Page 6 File Number: LUAR 02-009 Arbolata Town Homes CONCLUS]:ONS/RECOMMENDAT]:ONS As indicated herein, this .request is not consistent with the intent of the Comprehensive Plan due to (1) lack of data and market analysis to support the conversion of the land from "~[ndustrial" to "Residential"; (2) the conversion of the subject parcel would create an isolated pocket that would effectively divide a single land use district; and, (3) would serve to decrease the supply of land available for industrial development. While the requested amendment will not create significant additional impacts on infrastructure that have not been anticipated in the Comprehensive Plan, its compatibility with adjacent land uses is questionable, as is its contribution to the overall economic development of the City. Therefore, staff cannot recommend that the subject request be approved. If the Planning and Development Board or the City Commission recommends in favor of the amendment, any conditions they apply will be included within Exhibit "C". ATTACH N ENTS ,1;~HRDATA~Z"IAI~\WI~PRO~E~r'~I~ Tow"~l~3m~l.l.~ O2-O0ej~I'AFF RE~RT U, JAR.~G~ Location Map ARBOLATA XIT. - LEGAL I'TE~ A. 11 CITY OF BOYNTON BEAt AGENDA ITEM REQUEST FUR Vl Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates_ in to City Clerk's Office Meeting Dates in to City Clerk's Office [] April 1,2003 March 17, 2003 (Noon.) [] June 3, 2003 May 19, 2003 (Noon) [] April 15, 2003 March 31,2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) [] May 6, 2003 April 14, 2003 (Noon) [] July 1, 2003 June 16, 2003 (Noon) [] May20, 2003 May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the June 17, 2003 City Commission Agenda under Legal, Ordinance - Second Reading. On June 3, 2003, the City Commission with a 3 to 2 vote, approved the subject Ordinance on First Reading. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 02-277. EXPLANATION: PROJECT: Arbolata Townhomes (LUAR 02-009) AGENT: William Weitsma, William Weitsma Company., Inc. OWNER: William H. Baker, Trustee LOCATION: 3450 South Congress Avenue DESCRIPTION: Request to rezone the subject property from M-1 Industrial to Planned Unit Development (PUD), in order to construct 172 fee-simple townhouses. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A ~ Develofment Department Director City Manager's Signat{tre v ~iannmg and~nmg ISirect0r City Attorney / Finance / Htunan Resources S :~IanningXSHARED\WP~PROJECTSXArbolata Townhomcs~LUAR 02-009~genda Item Request Rczoning 2nd reading 6-17-03.dot ORDINANCE NO. 03- O~q AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE APPLICATION OF WILLIAM WIETSMA CO. INC., (ARBOLATA); AMENDING ORDINANCE 02- 013 OF SAID CITY BY REZONING A PARCEL OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM M- 1 INDUSTRIAL TO PUD PLANNED UNIT DEVELOPMENT; PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City;, and WHEREAS, William H. Baker, Trustee, as owner of the property more ~articularly described hereinafter, has heretofore filed a Petition, through its agent, Wietsma, pursuant to Section 9 of Appendix A-Zoning, of the Code of City of Boynton Beach, Florida, for the purpose of rezoning a parcel of land g of approximately 16.0871 acres, said land being more particularly described from M-1 Industrial to PUD Planned Unit Development; and WHEREAS, the City Commission conducted a public hearing and heard and received evidence which the Commission finds supports a rezoning for the ' hereinafter described; and WItEREAS, the City Commission finds that the proposed rezoning is consistent an amendment to the Land Use which was contemporaneously considered and at the public hearing heretofore referenced; and WHEREAS, the City Commission deems it in the best interests of the tants of said City to amend the aforesaid Revised Zoning Map as hereinafter set NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION THE CITY OF BOYNTON BEACH, FLORIDA, THAT: S:\CA\Ordinances\Planning\Rezoning\Rezoning - Arbolata.doc Section 1. The foregoing Whereas clauses are true and correct and incorporated herein by this reference. Section 2. The following described land, located in the City of Boynton Beach, Florida as set forth as follows: A TRACT OF LAND LYING IN THE SOUTHWEST QUARTER (S.W. 1/4) OF THE NORTHWEST QUARTER (N.W. 1/4) OF SECTION 5, TOWNSH~ 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE WEST QUARTER CORNER OF SAID SECTION 5; THENCE NORTH 1°08'20'' EAST, AN ASSUMED BEARING, ALONG THE WESTERLY BOUNDARY OF SAID SECTION BEING ALSO THE CENTERLINE OF CONGRESS AVENUE, 572.10 FEET TO A POINT; THENCE RUN DUE EAST, PARALLEL WITH THE SOUTHERLY BOUNDARY OF THE AFORESAID NORTHWEST QUARTER (N.W. 1/4), 53 FEET MORE OR LESS TO A POINT OF INTERSECTION WITHTHE EASTERLY RIGHT OF WAY LINE OF CONGRESS AVENUE, AND THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE CONTINUE DUE EAST, 1300.32 FEET TO A POINT IN THE EASTERLY BOUNDARY OF THE AFORESAID SOUTHWEST QUARTER (S.W. 1/4) OF THE NORHTWEST QUARTER I(N.W. 1/4), THENCE SOUTH 1°05'30'' WEST, ALONG SAID EASTERLY BOUNDARY, 572.11 FEET TO A POINT, THENCE DUE WEST, 1300.84 FEET TO A POINT; THENCE NORTH 1°05'30'' EAST, 572.10 FEET TO THE POINT OF BEGINNING, LESS THE NORTH 30 FEET THEREOF AND LESS THE ROAD RIGHT OF WAY FOR CONGRESS AVENUE. CONTAINING 16.0871 ACRES MORE OR LESS. PCN 08-43-46-05-00-000-3030) and the same is hereby rezoned from M-1 Industrial to PUD Planned Unit Development. A )cation map is attached hereto as Exhibit "A" and made a part of this Ordinance by reference. Section 3: That the aforesaid Revised Zoning Map of the City shall be amended ecordingly. Section 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 6: Should any section or provision of this Ordinance or any portion thereof ,e declared by a court of competent jurisdiction to be invalid, such decision shall not affect the emainder of this Ordinance. Section 7. This ordinance shall become effective immediately upon passage. ~:\CA\Ordinances\Planning\Rezoning\Rezoning - Arbolata.doc FIRST READING this ,3 day of Jta~. ,2003. , FINAL READING and PASSAGE this __ day of ,2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk (Corporate Seal) S:\CA\Ordinances\Planning\Rezoning\Rezoning - Arbolata.doc Location Map ARBOLATA DEVELOPMENT DEPARTMENT PLANNING & ZONING DIVISION MEMORANDUM NO. PZ 02-277 TO: Chairman and Members Planning~pment Board i FROM: Dick Hud~,~ni~ THROUGH: Michael W. Rumpf' Director of Planning and Zoning DATE: December 3, 2002 PRO3ECT DESCRIPTJ:ON Project/Applicant: Arbolata Townhomes/William Wietsma Co., ]:nc. Agent: William Wietsma Owner: William H. Baker, Trustee Location: Southeast corner of $. Congress Avenue and SW 35~ Avenue File No: Land Use Amendment/Rezoning (LUAR 02-009) Property Description: Vacant property consisting of ~-16.087 acres, classified ]:ndustrial (:[) and zoned M-1 ]:ndustrial. Proposed change/use: To reclassify the subject property from ]:ndustrial (]:) to High Density Residential (HDR) at a density of 10.8 du/ac, and rezone from M-1 ]:ndustrial to PUD Planned Unit Development, in order to construct 172 fee-simple townhouses. Adjacent Land Uses and Zoning: North: Right-of-way of SW 35= Avenue then developed property (Guardian Self-storage and Sterling Records Storage) designated ]:ndustrial ([) and zoned M-1 ]:ndustrial. South: Right-of-way of the Lake Worth Drainage District L-28 (lateral) Canal, then developed properties, containing a variety of industrial uses, designated ]:ndustrial (]:) and zoned M-]. ]:ndustrial. East: Developed County-owned recreation facility (Caloosa Park) designated Recreational (R) and zoned REC Recreation. Page 2 File Number: LUAR 02-009 Arbolata Town Homes West: Right-of-way of South Congress Avenue, then developed residential property (Isles of Hunter's Run) designated Low Density Residential (LDR) at a density of 4.84 du/ac, and zoned PUD Planned Unit Development. PRO]ECr ANALYSIS The parcels, which are the subject of this land use amendment, total ±16.087 acres. Because of the size of the property under consideration, the Florida Department of Community Affairs classifies this amendment as a "large scale" amendment. Following local board review and City Commission public hearing, a "large-scale" amendment is transmitted to the Florida Department of Community Affairs for review for compliance with the state, regional and local comprehensive plans prior to adoption. Following the review period of approximately 60 days, DCA provides the City with a report of their findings in an "Objections, Recommendations and Comments (ORC) Report". The City then has 60 days to either (l) adopt the amendment as transmitted, (2) adopt the amendment with changes in response to the ORC report, or (3) determine not to adopt the amendment and inform DCA of that decision. Adoption is tentatively scheduled for May 2003. According to Florida Statutes Chapter ~.63, large-scale amendments may only be adopted dudng two amendment cycles each calendar year. This amendment request is a part of the first round of amendments for the 2003 calendar year. Although we normally bring both the land use amendment and rezoning forward simultaneously, the processes are being separated for this application. The request for rezoning is to Planned Unit Development, which requires the concurrent approval of a master/ site plan. Staff has requested additional information from the applicant prior to final review of the site plan, which could not be supplied in order to meet the agenda for this meeting. Since there is a maximum :t20 days between transmittal of the land use amendment and its adoption, the land use amendment and rezoning will ultimately be adopted simultaneously. The criteria used to review Comprehensive Plan amendments and rezonings are listed in the Land Development Regulations, Chapter 2, Section 9, Adminisb'ation and Enforcement, Item C. Comprehensive P/an Amendments: Rezonings. These criteria are required to be part of a staff analysis when the proposed ~:hange includes an amendment to the Comprehensive Plan Future Land Use Nap. a. Whether the proposed rezonin¢ would be cons/stent with applicable comprehensive plan policies/nclud/ng but not//m/ted to, a prohibits'on against any increase/n dwelling unit density exceeding SO in the hum/cane evacua~'on zone without written approval of the Palm Beach County Emergency P/ann/nE D/v/s/on and the City's risk manager. The planning department shall a/so recommend/im/ta~7'ons or requirements, which would have to be imposed on subsequent development of the property, in order to comply w/th policies contained in the comprehensive p/an. The property is not located in the hurricane evacuation zone; therefore, the prohibition against increasing residential densities does not apply. Other applicable policies from the comprehensive plan are cited below. Page 3 File Number: LUAR 02-009 Arbolata Town Homes Po/icy 1.19.2 The City shall provide continued effort to allow for industrial acreage; however, that/and de$igna£ed "Industrial" on the currently adopted Future Land Use Map may be converted to commercial or residential designations if the. conversion (i) would generate a range of employment choices for current and future res/dents, provide goods and services of regional importance, or would provide opportunities for the City to meet its long-range housing goals; and (ii) is based upon adequate data including market analysis. The proposed amendment will reduce the amount of land designated for industrial development in the City; however, the applicant states that the proposed amendment will permit additional owner-occupied housing at competitive prices at this location. No data and market analysis are provided to support the need for this additional housing or to justify the conversion of industrial land, and no price-range for the units is provided to show that these units will most tikely address the unmet needs of a particular segment of the housing market. Policy 1.19.4 The City shall conO'nue to encourage and enforce the development of industn'al land as industn'al parks or concentrated industrial areas in order to maximize the linkage between complementary industn'es. The land in this part of the South Congress Avenue corridor with an "industrial" land use designation total approximately ].67 acres. This is the largest concentration of contiguous industrial land in the City that is not located in a Planned industrial Development (P[D) or industrial park and does offer the opportunity for maximizing the linkages between complementary industries. The conversion of the subject ...].6.087 acres will effectively divide the single industrial area into two distinct areas each containing groups of similar industrial uses and will sever established linkages or preclude the establishment of linkages in the future. This indus,-iai area consists of a combination of manufacturing, construction, service and storage uses and few vacancies exist. The subject parcel is only one of two sites remaining undeveloped in the area. Po/icy 1. i7.3 The City shall continue to utilize and enforce requirements for buffer walls between re$idenEa/ and commercial or indue'al districts as set forth in the zoning regu/a~7'ons. and, Po/icy 1.17.4 The Gib/ shall adopt and enforce regu/at~'ons to recuire so/id vegetative screening between industrial and residential uses, wherever practical, in addiO'on to buffer walls. The requirements for buffer walls and vegetative screening between industrial and residential uses, recognizes the incompatibilities of the two types of uses. Generally, Planned Unit Developments (PUDs) are required to observe setback requirements of the abutting zoning districts; in this case M-]. industrial. These requirements are: Minimum front yard ].5 feet Minimum side yard (interior) ].5 feet Minimum side yard (corner) ].5 feet street side Minimum rear yard 20 feet Page 4 File Number: LUAR 02-009 Arbolata Town Homes The PUD requirement, however, does not consider the fact that there may be inherent incompatibilities between the two land use designations or zoning districts, as would be the case with the proposed amendment. 8otb the Hunters Run PUD and the ]~sles at Hunters Run PUD, the two residential developments fronting on the west side of Congress Avenue, were developed with full knowledge that lands fronting on the east side of Congress Avenue were designated for industrial development and provided extra setbacks and buffering to ameliorate any negative effects. Hunters Run provides a landscaped setback of over ~.,000 feet between Congress Avenue and the first dwelling units. The ~[sles at Hunters Run provides a heavily landscaped earth berm, solid masonry wall and approximately 250 feet of setback from Congress Avenue. With the subject property, there may not be sufficient land area to provide extraordinary setbacks to ameliorate the effects of abutting industrial uses to the north and south, and to simultaneously provide the magnitude of setback and buffedng along Congress Avenue to match that provided on the west side of Congress Avenue. b. Whether the proposed rezon/ng would be contrary to the est-ab/ished /and use pattern, or would create an isolated district unrelated to adjacent and nearby di~/cts, or would cons~'tute a grant of spec/al priv#ege to an individual propert7 owner as con£rasted w/~h ~he protect'on of the public we/fare. As state above, the proposed land use amendment would effectively divide a single existing industrial area and could, therefore, be seen as "spot zoning." The applicant contends that the amended area will serve as a transition between the recreational use (Caloosa Park) to the east and the single-family residential (~sles of Hunters Run PUD) to the west. Homes within the neighboring PUD, however, are not visible from the site because of the berm and wall that reaches approximately ~.2 feet above the street grade and is planted with trees and other landscape materials. c. kVhether changed or changing condi~'ons make the proposed rezoning desirable. There have been significant changes since the City's 1989 Comprehensive Plan established the current ]:ndustrial land use classification on the subject site. The nature of industrial uses has changed such that the previous methodologies used for determining the demand for industrial property are no longer appropriate. At the same time, the increasing demand for housing within the City has seen a shift from detached single-family to single-family attached (or townhouse) developments. Even so, this may not be an ideal location for residential development and few vacant lands remain for industrial or heavy commercial uses. Furthermore, as indicated above, no data and a market analysis were submitted to justify the project and the conversion of the subject industrial land. d. Whether the proposed use would be compatible w/th utility systems, roadways, and other public facilities. Comparisons of impacts of dwelling units versus industrial use, as supplied by the applicant, are attached as Exhibit "8". These show that traffic generated by the proposed townhouse development would be approximately 1,580 trips per day fewer than if the property was Page 5 File Number: LUAR 02-009 Arbolata Town Homes developed at its maximum potential as an industhal use. These same comparisons show that demand for water and wastewater services would increase by approximately 955 gallons per day. As with all residential projects requesting a development order, the School District of Palm Beach County has reviewed the project and on October 17, 2002, approved it for school concurrency. With respect to solid waste, in a letter dated January i8, 2001 the Palm Beach County Solid Waste Authority has stated that adequate capacity exists to accommodate the county's municipalities throughout the I0-year planning period. Lastly, drainage will also be reviewed in detail as part of the review of the site plan and permit drawings, and must satisfy all requirements of the city and local drainage permitting authorities. e. Whether the proposed rezoning woUld be compatible w/th the current and future use of adjacent and nearby proper~'e$, or would affect the property values of adjacent or nearby propertfes. While the lands both north and south of the subject property are designated ":Industrial", their development has been with more benign industrial uses: to the north, across SW 35~ Avenue is a self-storage facility and to the south across the L-29 Lateral Canal, a development containing small office, wholesale and retail uses. Farther southeast is a series of stand-alone and more intense industrial uses. Abutting the subject parcel to the east is Caloosa Park and to the west, across Congress Avenue, is the :Isles of Hunters Run PUD. While the proposed project could be seen as a transition between the recreational use to the east and the residential use to the west, as the applicant opines; staff must acknowledge the incompatibilities between residential and industrial uses, particularly without adequate distance and buffedng to separate the two uses. f. Whether the property i$ physically and economically developable under the exisg'ng zoning. The property is physically developable under the existing zoning; however, it has remained vacant for a number of years, partially due to the lack of demand for industrial land in the Boynton Beach sub-market. Although the proposed use may more closely match current market demands, it is presumed that the value of this land for industrial uses will increase as the supply of such industriallY/classified lands decreases. g. Whether the proposed rezon/ng /$ ora scale which/$ reasonably related to the needs of the neighborhood and the city as a whole. While the proposed land use amendment will provide owner-occupied housing in close proximity to employment opportunities, it nevertheless divides an established single industrial district, as cited above. h. Whether there are adequate sites elsewhere/n the dry for the proposed use,/n d/st~'cts where such use/~ a/ready g/owed. There are only a few very small parcels in the City designated for multi-family residential development. A similar land use amendment and rezoning would be required for any project of= this size to develop in Boynton Beach. Page 6 File Number: LUAR 02-009 Arbolata Town Homes CONCLUSIONS/RECOMMENDATIONS As indicated herein, this .request is not consistent with the intent of the Comprehensive Plan due to (I) lack of data and market analysis to support the conversion of the land from "Industrial" to "Residential"; (2) the conversion of the subject parcel would create an isolated pocket that would effectively divide a single land use district; and, (3) would serve to decrease the supply of land available for industrial development. While the requested amendment will not create significant additional impacts on infrastructure that have not been anticipated in the Comprehensive Plan, its compatibility with adjacent land uses is questionable, as is its contribution to the overall economic development of the City. Therefore, staff cannot recommend that the subject request be approved. If the Planning and Development Board or the City Commission recommends in favor of the amendment, any conditions they apply will be included within Exhibit "C". ATTACHMENTS .I:~SHI~3ATA\P~Ii'~'~HARED\WP~PRO~ECT~ Towrd'~mes\LUAR 0:]-O~I'Ab'F ~P~RT Location Map ARBOLATA . n ,',," ~.,'~. PUD ' ", ; ~ IVil . HD'N. TE RS._RUN--~ XlI. - LEGAL ITEM A.12 CITY OF BOYNTON BE.4 AGENDA ITEM REQUEST l 'u vl Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] April 1, 2003 March 17, 2003 (Noon.) [] June 3, 2003 May 19, 2003 (Noon) [] April 15, 2003 March 31, 2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) [] May 6, 2003 April 14, 2003 (Noon) [] July 1,2003 June 16, 2003 (Noon) [] May 20, 2003 May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the June 17, 2003 City Commission Agenda under Legal, Ordinance - Second Reading. On June 3, 2003, the City Commission with a unanimous vote, approved the subject Ordinance on First Reading. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 02-213. EXPLANATION: PROJECT: Mixed Use-Core (LUAR 02-010) Federal Highway Corridor Future Land Use Map Amendment AGENT: City Of Boynton Beach LOCATION: East side of Federal Highway, between Ocean Avenue and NE 4t~ Avenue DESCRIPTION: Request to amend the Comprehensive Plan Future Land Use Map from Mixed Use (MX) to Mixed Use-Core (MX-C). PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A ~ Devel~7 DepaTent Director City Manager's Signature · .r ,~ 4~annmg an~lffZonm~g Dir[cto--r City Attomey/ Finance / Human Resources S:~PIanning~SHARED\WPLPROJECTSLMIXED USE CORE LUARL~.genda Item Request Mixed Use Core 2nd reading 6-17-03.dot ORDINANCE NO. 03- 030 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING PROPERTY LOCATED ON THE EAST SIDE OF FEDERAL HIGHWAY BETWEEN OCEAN AVENUE AND NE 4TH AVENUE; AMENDING ORDINANCE 89-38 BY AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY FOR THE PROPERTY MORE PARTICULARLY DESCRIBED HEREINAFTER; THE LAND USE DESIGNATION IS BEING CHANGED FROM MIXED USE (MX) TO MIXED USE-CORE (MX-C); PROVIDING FOR CONFLICTS, SEVERABIZITY, AND AN EFFECTWE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida has )ted a Comprehensive Future Land Use Plan and as part of said Plan a Future Land Element by Ordinance No. 89-38 in accordance with the Local Government ,ive Planning Act; and WHEREAS, the procedure for amendment of a Future Land Use Element of a .. 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 interest of the inhabitants of said City to amend the aforesaid Element of the .ive Plan as adopted by the City herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1: The foregoing WHEREAS clauses are true and correct and herein by this reference. Section 2: Ordinance No. 89-38 of the City is hereby amended to reflect the ~:\CA\0rdinances\Planning\Land Use\Mixed Use-Core - 02-010.doc That the Future Land Use of the following described land shall be designated as Mixed Use-Core (MX-C). Said land is more particularly described as follows: A parcel of land lying within Sections 22 and 27, Township 45 South, Range 43 East, Palm Beach County, Florida, more particularly described as follows: PARCEL 1. A parcel of land containing Lots 24 (less the East 8 feet of North 98 Feet thereof), 25, 37, 38, 39, 40, 41, and 42 of Dewey's Subdivision as recorded in Plat Book 1, Page 37, Public Records of Palm Beach County, Florida. Together with: PARCEL 2. All of Casa Loma Subdivision (excluding Lots 13 to 16) as recorded in Plat Book 11, Page 3, Public Records of Palm Beach County, Florida. Containing a total acreage of approximately 18.63 acres. Section 2: That any maps adopted in accordance with the Future Land Use Element shall be amended accordingly. Section 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 4: Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 5: This Ordinance shall take effect on adoption, subject to the review, challenge, or appeal provisions provided by the Florida Local Government Comprehensive Planning and Land Development Regulation Act. No party shall be vested of any right by virtue of the adoption of this Ordinance until all statutory required review is complete and all ;:\CA\Ordinances\Planning\Land Use\Mixed Use-Core - 02-010.doc legal challenges, including appeals, are exhausted. In the event that the effective date is established by state law or special act, the provisions of state act shall control. FIRST READING this ~ day of ~Ju. txw~., ., 2003. SECOND, FINAL READING and PASSAGE this __ day of ., 2003. CITY OF BOYNTON BEACH, FLORII)A Mayor Vice Mayor Commissioner Commissioner Commissioner Clerk Seal) \CA\Ordinances\Planning\~and Use\Mixed Use-Co=e - 02-OlO.dOC DEVELOPMENT DEPARTMENT PLA.NNING & ZONING DIVISION MEMORANDUM NO. PZ 02-213 TO: Chairman and Members Co~mmuni~elopment Agency Board FROM: Dick Hudsflh,'~Senior Planner THROUGH: Michael W. Rumpf Director of Planning and Zoning DATE: July 18, 2002 PROJECT DESCRIPTION Project/Applicant: Federal Highway Comdor Future Land Use Map Amendment (LUAR 02-010) Agent: City of Boynton Beach Location: Federal Highway Comdor segment between NE 4th Street on the north and East Ocean Avenue on the south, from Federal Highway east to the Intracoastal Waterway, excluding the Conservation Overlay area (mangroves)' and the city-owned property lying between NE 2nd Street and NE 4th Street (Mangrove Park at the Marina). File No: Land Use Amendment (LUAR 02-010) Proper~ Description: Various properties totaling +19.384 acres shown shaded on the accompanying location map, classified Mixed Use (see Exhibit A). Proposed change/use: To reclassify the subject properties described above from Mixed Use (MX) to Mixed Use-Core (MX-C). A companion Comprehensive Plan Text Amendment is being proposed concurrently. Adjacent Land Uses and Zoning: North: Right-of-way of NE 4th St, then developed properties designated Mixed Use (M_X) and zoned Central Business District (CBD). South: Right-of-way of East Ocean Avenue, then developed properties designated Mixed Use (MX) and Medium Density Residential and zoned Central Business District (CBD) and Multiple- Family Dwelling District (R-3). East: City-owned property (Mangrove Park at the Marina), farther east concentration of mangroves designated the Conservation Overlay District (mangroves) and then the Intracoastal Waterway. West: Right-of-way o fN orth Federal Highway, t hen developed properties designated Mixed Use (MX) and zoned Central Business District (CBD). Page 2 Federal Highway Corridor Land Use Amendment File Number: LUAR 02-010 BACKGROUND In January 2 001,-t he City adopted text amendments t o t he Comprehensive P lan to enable the preparation of redevelopment plans as recommended by the Bovnton Beach 20/20 Redevelopment Master P lan. T he City Commission adopted t he first of those redevelopment plans, the Federal Highway Corridor Community Redevelopment Plan, on May 15, 2001. The proposed land use amendment represents a second step in the implementation of a recommendation from that plan. The first step was the addition of two Mixed Use zoning districts, Mixed U se-High a nd Mixed U se-Low, t o P art I II o f t he City's Code of Ordinances, approved by the City Commission on June 18, 2002. The Mixed Use-High and Mixed Use-Low zoning districts are available per request to developers who want to take advantage of benefits offered by the new regulations. The Mixed Use-Low (MX-L) zoning is available for properties located in areas referred to in the redevelopment plan as Planning Areas II and IV. The Mixed Use-High (MX-H) zoning is currently available for Planning Area Ill (the Central Business District (CBD) area); the proposed land use amendment, if approved, will actually allow a more intensive development in the core section of CBD. Because of the size of the area under consideration, the proposed land use change qualifies as a large-scale amendment pursuant to Chapter 163 F.S. This proposed amendment is being reviewed for transmittal to the Florida Department of Community Affairs (DCA). Following local board review and City Commission public hearing, a "large-scale" amendment is transmitted to the Florida Department of Community Affairs for review for compliance with the state, regional and local comprehensive plans prior to adoption. Following the review period of approximately 60 days, DCA provides the City with a report of their findings in an "Objections, Recommendations and Comments (ORC) Report". The City then has 60 days to either (1) adopt the amendment as transmitted, (2) adopt the amendment with changes in response to the ORC report, or (3) determine not to adopt the amendment and inform DCA of that decision. According to Florida Statutes Chapter 163, large-scale amendments may only be adopted during two amendment cycles each calendar year. This amendment request is a part of the first round of amendments for the 2003 calendar year. PROJECT ANALYSIS The criteria ased to review Comprehensive Plan amendments and rezonings are listed in Article 2, Section 9, Administration and Enforcement, Item C. Comprehensive Plan Amendments: Rezonings. These criteria are required to be part of a staff analysis when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Map. a. Whether the proposed rezoning would be consistent with applicable Comprehensive plan policies including but not limited to, a prohibition against any increase in dwelling unit density exceeding 50 in the hurricane evacuation zone without written approval of the Palm Beach County Emergency Planning Division and the 2 Page 3 Federal Highway Corridor Land Use Amendment File Number: LUAR 02-010 City's risk manager. The planning department shall also recommend limitations or requirements, which would have to be imposed on subsequent development of the property, in order to comply with policies contained in the Comprehensive Plan. Policy 1.9.5 of the Future Land Use Element states: "The City, by 2002, shall conduct studies and/or prepare redevelopment plansfor areas designated by the Primary Target Areas Overlay. The plans shall, in part, implement or fitrther the adopted Boynton Beach 20/20 Redevelopment Master Plan with use provisions, development standards and design criteria which may address public improvements, infrastructure, building placement, architectural character, streetscape, signage, landmark opportunities and unifying design concepts. Implementation mechanisms may include, but are not limited to, adoption of overlays in the land development regulations, amendments to land development regulations, and/or through rezoning to new or existing districts. The Primary Target Areas which shall be studied include but are not necessarily limited to: Martin Luther King Boulevard from Seacrest Boulevard to U. S. 1; · U.S. lfrom north to south city limits, · Boynton Beach Boulevard from U.S. 1 to 1-95; · Ocean Avenue from the Marina to Seacrest Boulevard; and; · Golf Road between U.S. 1 and Seacrest Boulevard. Each Primary Target Area shall ultimately be delineated appropriately on the Future Land Use Map. Until such time as the studies can be conducted and mechanisms implemented for such an area, public investment- in terms of infrastructure- shall be minimal. Ifa private development proposal is made within a redevelopment area, one of the following options shall be pursued: · Acceleration of the redevelopment plan overlay district and deferral of the land use request until the plan is complete& · Consideration of the use request on its own merits with the existing zoning and policies of the Comprehensive Plan guiding the disposition of the request; and/or · The use of a moratorium or variation of the "zoning in progress" process." The proposed land use amendment is consistent with policy 1.9.5 of the Future Land Use element and is one of the actions recommended to implement the study for the U. S. 1 corridor (see Exhibit B-Redevelopment Pro,ams and Projects). The amendment will also encourage the redevelopment of developed properties and promote infill development on vacant and underutilized properties in this part of the Community Redevelopment Area. It will also increase opportunities for utilization of transportation alternatives to the automobile. The Federal Highway corridor is one of the major north-south routes for Palm Tran, the county's transit service and increased density will theoretically lead to increased ridership. Page 4 Federal Highway Corridor Land Use Amendment File Number: LUAR 02-010 The amendment is consistent with objectives of the "Eastward Ho" initiative and furthers numerous policies found in the "Treasure Coast Strategic Regional Policy Plan" in both the "Future of the Region" and "Economic Development" sections. Those policies include: Future of the Region Policy2.1.2.2: Encourage densification of and investment in established cities, towns and villages. Policy 5.1.1.2:Redevelop obsolete retail/commercial centers within well- developed urban areas as an effort to discourage urban sprawl. Proposals for redevelopment may include the following site design features: a. Design a fine network of streets that continues and enhances the establishment of the adjacent neighborhoods. b. Include a mix of uses that complements the existing activities of the city, town or village. Policy 5.1.1.3: Encourage development around transit stations. Proposals should: a. Develop intense mixed-use projects within a quarter mile radius of the station. b. Include a fine-grained network of streets detailed to optimize the comfort and safety of pedestrians and bicyclists. c. Include high-density residential areas, to enhance the feasibility of transit. Economic Development Policy 3.4.1.1: Encourage the use of compact, mix-use development and redevelopment projects that are less costly to serve, have less impact to the natural environment, and help strengthen the economics of existing urban areas. The language pertaining to residential projects locating in the hurricane evacuation zone is being changed since Palm Beach County Emergency Planning Division does not currently have an appropriate review process accommodating such projects. b. Whether the proposed rezoning would be contrary to the established land use pattern, or would create an isolated district unrelated to adjacent and nearby districts, or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. The proposed amendment is consistent with the adjacent established land use patterns. It creates a new district with the increased density/intensity limits consistent with the respective redevelopment plan, and within the Central Business District, which a [ready a flows for high intensity development. c. Whether changed or changing conditions make the proposed rezoning desirable. The increasing awareness of the importance of redevelopment and enhancement of the traditional coastal business centers as opposed to continued westward spra~vl coupled with a desire to 4 Page 5 Federal Highway Corridor Land Use Amendment File Number: LUAR 02-010 provide opportunities for economic revitalization have made this amendment both necessary and desirable. The existing opportunities within the Central Business District have remained effectively untapped throughout the period of economic prosperity. This amendment will stren~hen the incentives for redevelopment and infill development both within the new district and the surrounding areas by creating a possibility for a higher "critical mass" in terms of use synergies. d. Whether the proposed use would be compatible with utility systems, roadways, and oth er public facilities. The increased density/intensity of uses will generate additional demand for public services. Staff has reviewed changes in capacity demand by comparing the most intensive development scenarios under the current and proposed density/intensity parameters. In terms of water and sewer demand, adequate capacity w ill b e available once t he City obtains t he water use permit currently under negotiations with the South Florida Water Management District. The additional trip generation has been processed through the Metropolitan Planning Organization 2020 Long Range Transportation Plan model and found to be compatible with the projected road capacities. With respect to solid waste, the SWA has stated within a letter dated December 8, 2001, that adequate capacity exists to accommodate the county's municipalities throughout the 10-year planning per/od. I t needs to be emphasized that: (1) the most intensive development scenario is highly unlikely to happen, and (2) all projects will be reviewed on an individual basis, as a part of the site plan review process, to determine facility capacity or needed improvements. Drainage will also be reviewed in detail as part of the site plan review process and must satisfy all requirements of both the city and local drainage permitting author/ties. e. Whether the proposed re~oning would be compatible with the current and future use of adjacent and nearby properties, or would affect the property values of adjacent or nearby properties. The proposed amendment will be compatible with current and future uses of adjacent properties. In terms of future uses, Mixed Use-High Intensity zoning recently replaced a portion of the Central Business District, pursuant to a privately-initialed request. At the same time, areas north and south from the Central Business District (referred to as Planning Areas 1I and IV in the "Federal Highway Corridor Community Redevelopment Plan") are eli~ble for the Mixed Use- Low Intensity zoning with increased intensity for non-residential zoning. With the proposed amendment and these discretionary options in place, future development patterns ~vill achieve a high level of compatibility both visually and functionally. Moreover, safeguards are being built into the land development regulations to protect values of adjacent and nearby properties. An overall increase in property values over time is expected. f. Whether the property is physically and economically developable under the existing zoning. Page 6 Federal Highway Corridor Land Use Amendment File Number: LUAR 02-010 While the properties being considered in this amendment are developable and redevelopable under the existing land use designations, the proposed amendment would serve to enhance the development and redevelopment opportunities in the downtown core area. g. Whether the proposed rezoning is ora scale which is reasonably r elated t o the needs of the neighborhood and the city as a whole. The scale of the proposed amendment is related to both the needs of the area and the city as a whole. Downtown and the surrounding areas will benefit from the increased limits on density/intensity which may potentially enhance private investors' interest in redevelopment, which is usually more expensive and often requires substantial incentives. The city as a whole is nearing buildout, and at some point in the near future redevelopment of the downtown will be the only option to accommodate more residents. Aside from providing employment oppommities, downtown retail, service and entertainment uses can offer a unique mix of products that should eventually attract tourists as well as local residents. Creating downtown as a destination is vital to the future of the city. h. Whether there are adequate sites elsewhere in the city for t hep roposed u se, in districts where such use is already allowed. The "Mixed Use-Core" is a new land use designation. There are no other "adequate" locations - the only appropriate location for the new district is the central part of the downtown. The amendment, together with the discretionary zoning options available per request to developers, will allow for a transition from the most intensive development in the Mixed Use-High zoning district to the less intensive development in the areas at the north and south of the corridor which are eli~ble for the Mixed-Use Low zoning. The Mixed Use - High zoning has the potential to expand throughout the remaining part of the current Central Business District. CONCLUSIONS/RECOMMENDATIONS As indicated herein, this request is consistent with the intent of the Comprehensive Plan; will be compatible with adjacent land uses and will contribute to the overall economic development of the City. It has also been determined that additional potential demand upon public facilities can be accommodated. Therefore, staff recommends that the subject request be approved. ATTACHMENTS j:~SHRDATAkPlanninskSHARED\WP~'ROJECTShM/XED USE CORE LUAR\US Istaffr~ort Hdo~ Location Map MIXED USE- CORE (MXC) Q CTTY OF BOYNTON BEACH AGENDA TTEM COVER SHEET AND CHECKLTST This completed cover sheet must accompany all agenda item requests. Please place check marks in the boxes as indicated. Initiating department must prepare Agenda Item Request Form. Submit original agenda request (with back up) and one copy of aqenda request j[with back uo) to the City Clerk's office.- :Items must be submitted by the deadlines indicated below. :~ncomplete or late items will be returned to originating department. Requested City Deadline for Submittal to City P & D/CRA Requests Deadline Commission Meeting Clerk's Office Dates J~]April 1, 2003 March 17r 2003 (noon) March 26, 2003 (3:00 p.m.) - P & D [--]April 15, 2003 March 31, 2003 (noon) April 9, 2003 (3:00 p.m.) CRA [~]May 6, 2003 April 14, 2003 (noon) April 23, 2003 (3:00 p.m.) - P & D I-'JMay 20, 2003 May 5, 2003 (noon) May 14, 2003 (3:00 p.m.) - CRA J~;~]3une 3, 2003 May 19, 2003 (noon) May 28, 2003 (3:00 p.m ) - P & D [--J3une 17, 2003 3une 2, 2003 (noon) 3une 11, 2003 (3:00 p.m.) - CRA r-J3uly l, 2003 3une 16, 2003 (noon) 3une 25, 2003 (3:00 p.m.) - P & D r--J3uly 15, 2003 3une 30, 2003 (noon) 3uly 9, 2003 (3:00 p.m.) CRA Departments are responsible for securing the following signatures on attached Agenda Request Form: Department Head [--] Wilfred Hawkins (for departments under Administrative Services) [--J Finance Department (for items that involve expenditure of funds) [-'J All back up material is attached [--J All exhibits are attached & marked (e.g., Exhibit "A'~ Department Head's initials:' Mixed Use-Core (LUAR O2-O:~O) First Reading Please do not write in the shaded area below. Legal Department signature J'-J City Manager's signature J--1 ITEM RETURNED FOR THE FOLLOWING REASON(S): Signature(s) missing [] Incomplete submittal [] Missed deadline J--J Other [] Reason: Person contacted to pick up rejected request on (Date) by bg - 7/19/02 ~l:\SHRDATA\Planning\Planning Templates\Agenda Item Cover CHECKLIST Apr 1-.luly iS, 2003.doc XII.- LEGAL ITEM A.13 CITY OF BOYNTON BEACI AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates. in to City Clerk's Office Meeting Dates in to City Clerk's Office [] ' April 1,2003 March 17, 2003 (Noon.) [] June 3, 2003 May 19, 2003 (Noon) [] April 15, 2003 March 31, 2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) [] May 6, 2003 April 14, 2003 (Noon) [] July 1,2003 June 16, 2003 (Noon) [] May 20, 2003 May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the June 17, 2003 City'Commission Agenda under Legal, Ordinance - Second Reading. On June 3, 2003, the City Commission with a 5 to 0 vote, approved the subject Ordinance on First Reading. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 02-276. EXPLANATION: PROJECT: Beachside at Boynton/Goco, Inc. (LUAR 02-008) AGENT: Siemon and Larsen, P.A. OWNER: Gulfstream Lumber Company LOCATION: 1415 South Federal Highway (Northwest comer of Federal Highway and Woolbright Road) DESCRIPTION: Request to amend the Comprehensive Plan Future Land use Map from Local Retail Commercial (LRC) to Mixed Use MX), for Mixed use development (residential, retail, and office). PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A Developb.ent Department Director City Manager's Signature ~ tqannmg and 7/~ag D~rector City Attorney / Finance / Human Resources 644608S?lanningXSHARED\WPXPROJECTS~BEACHSIDE ~ BOYNTObELUAR\Agenda Item Request Bcachside at Boynton Amend 2nd Reading 6-17- 03 .dot ORDINANCE NO. 03- AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING PROPERTY LOCATED AT THE NORTHWEST CORNER OF FEDERAL HIGHWAY AND WOOLBRIGHT ROAD (1415 SOUTH FEDERAL HIGHWAY); AMENDING ORDINANCE 89-38 BY AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY FOR THE PROPERTY MORE PARTICULARLY DESCRIBED HEREINAFTER; THE LAND USE DESIGNATION IS BEING CHANGED FROM LOCAL RETAIL COMMERCIAL (LRC) TO MIXED USE (MX); PROVIDING FOR CONFLICTS, SEVERABII, ITY, AND AN EFFECTIVE DATE. 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 Comprehensive Planning Act; and WHEREAS, the procedure for amendment of a Future Land Use Element of a Comprehensive Plan as set forth in Chapter 163, Flor/da Statutes, has been followed; and WHEREAS, at, er public hearing and study, the City Commission deems it in the best interest of the inhabitants of said City to amend the aforesaid Element o fthe 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: The foregoing WHEREAS clauses are true and correct and incorporated herein by this reference. Section 2: Ordinance No. 89-38 of the City is hereby amended to reflect the following: $:\CA\Ordinancel\P~anning\Land Ule\Seacheide Land Use.doc That the Future Land Use of the following described land shall be designated as Mixed Use (MX), for Mixed Use development (residential, retail, and office). Said land is more particularly described as follows: PARCEL CONTROL NUMBERS 08-43-45-28-00-000-5090 08-43-45-28-00-000-5100 08-43-45-28-01-000-0060 08-43 -45 -28-01-000-0121 08-43-45-28-01-000-0130 08-43-45 -28-01-000-0140 08-43-45-28-01-000-0150 08-43-45-28-01-000-0160 08-43-45-28-01-000-0170 08-43-45-28-01-000-0190 08-43-45-28-01-000-0200 08-43-45-28-01-000-0240 08-43-45-28-01-000-0260 08-43-45-28-01-000-0270 08-43-45-28-01-000-0290 PARCEL 1: A TRACT OF LAND IN SECTION 28, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORXDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO-WIT: BEGINNING AT A POINT IN THE SOUTH LINE OF SAID SECTION 28 (BEING ON WOOLBRIGHT ROAD) SAID POINT BEING 229.50 FEET WESTERLY FROM, MEASURED ALONG THE SOUTH LINE OF SAID SECTION 28, THE WESTERLY LINE OF U.S. HIGHWAY NO. 1, THENCE NORTHERLY AT AN ANGLE WITH THE PRECEDING COURSE OF 89°43'30", MEASURED FROM EAST TO NORTH, A DISTANCE OF 165.0 FEET; THENCE EASTERLY PARALLEL TO THE SOUTH LINE OF SAID SECTION 28, A DISTANCE OF 41.03 FEET; THENCE NORTHERLY AT AN ANGLE WITH THE PRECEDING COURSE OF 90°16'50", MEASURED FROM WEST TO NORTH, A DISTANCE OF 221.13 FEET; THENCE WESTERLY PARALLEL TO THE SOUTH LINE OF CENTRAL PARK, A SUBDIVISION OF BOYNTON BEACH, PLAT OF WHICH IS RECORDED IN PLAT BOOK 12, PAGE 12, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, A DISTANCE OF 100 FEET; THENCE NORTHERLY AT AN ANGLE WITH THE PRECEDING COURSE 89°55'30", MEASURED FROM EAST TO NORTH, A DISTANCE OF 264.0 FEET, MORE OR LESS, TO THE SOUTH LINE OF SAID CENTRAL PARK, THENCE WESTERLY ALONG THE SOUTH LINE OF SAID CENTRAL PARK, A DISTANCE OF 490.26 FEET; MORE OR LESS, TO THE EASTERLY RIGHT OF WAY OF THE FLORIDA EAST COAST RAILWAY RIGHT OF WAY; THENCE SOUTHERLY ALONG THE EASTERLY RIGHT OF WAY LINE OF THE FLORIDA EAST COAST RAILWAY, A DISTANCE OF 660.80 FEET, MORE OR LESS, TO THE SOUTH LINE OF SAID SECTION 28; THENCE EASTERLY ALONG THE SOUTH LINE OF SAID SECTION 28, A DISTANCE OF 643.40 FEET; MORE OR LESS, TO THE POINT OF BEGINNING, LESS THE RIGHT OF WAY FOR WOOLBRIGHT ROAD AS SHOWN IN ROAD PLAT BOOK 5, PAGE $:\CA\Ordinances\Planning\Land Use\Beachside Land Use.doc 121, PUBLIC RECORDS OF PALM EEACH COUNTY, FLORIDA. PARCEL 2: THE WEST 100 FEET OF THE SOUTH 68 FEET OF THAT CERTAIN TRACT OF LAND DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER OF THE COUNTRY ROCK ROAD (NOW FEDERAL HIGHWAY) ON THE NORTH LINE OF THE SOUTH OF THE SOUTHEAST OF THE SOUTHEAST OF SECTION 28, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, THENCE WEST 311.5 FEET TO A STAKE; THENCE SOUTH 264 FEET TO A STAKE; THENCE EAST 328.5 FEET TO THE CENTER OF THE COUNTRY ROCK ROAD (NOW FEDERAL HIGHWAY) THENCE NORTH ALONG CENTER OF THE COUNTRY ROCK ROAD (NOW FEDERAL HIGHWAY) TO THE POINT OF BEGINNING. PARCEL 3: A PARCEL OF LAND IN THE SOUTHEAST OF SECTION 28, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTH LINE OF SAID SECTION 28, AND WESTERLY RIGHT OF WAY OF U.S. HIGHWAY NO. 1 AS LAID OUT AND IN USE; THENCE NORTHERLY ALONG SAID WEST RIGHT OF WAY LINE, A DISTANCE OF 165.05 FEET TO A CONCRETE MONUMENT MARKING THE SOUTHEAST CORNER OF THE TRACT OF LAND TO BE HEREIN CONVEYED, THENCE CONTINUING ALONG SAID WEST RIGHT OF WAY LINE A DISTANCE OF 289.81 FEET MORE OR LESS TO A POINT WHICH IS 196 FEET SOUTH OF, MEASURED AT RIGHT ANGLES TO THE SOUTH LINE OF CENTRAL PARK, A SUBDIVISION RECORDED IN PLAT BOOK 12, PAGE 12, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, THENCE WESTERLY AND PARALLEL WITH THE SAID SOUTH LINE OF CENTRAL PARK, A DISTANCE OF 196.74 FEET; THENCE SOUTHERLY AT AN ANGLE OF 90004'30'' MEASURED FROM EAST TO SOUTH, A DISTANCE OF 289.13 FEET MORE OR LESS, TO A POINT WHICH IS 165 FEET NORTH OF THE SOUTH LINE OF SAID SECTION 28; THENCE EASTERLY AND PARALLEL WITH SAID SOUTH LINE OF SECTION 28, A DISTANCE OF 191.47 FEET, MORE OR LESS, TO THE POINT OF BEGINNING, LESS THE RIGHT OF WAY FOR U.S. HIGHWAY NO. 1 AS SHOWN IN ROAD PLAT BOOK 3, PAGE 1 l, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. S:\CA\Ordinancee\~lan~ing\Land Use\Beachside Land Use.doc PARCEL 4: COMMENCING AT THE CENTER OF COUNTRY ROCK ROAD (NOW FEDERAL HIGHWAY) ON THE NORTH LINE OF THE SOUTH OF THE SOUTHEAST OF THE SOUTHEAST OF SECTION 28, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, WHICH POINT IS 347 FEET WEST OF THE EAST LEXl'E OF SAID SECTION 28; THENCE WEST 331.5 FEET TO A STAKE; THENCE SOUTH 264 FEET TO A STAKE; THENCE EAST 328.5 FEET TO THE CENTER OF COUNTRY ROCK ROAD (NOW FEDERAL HIGHWAY); THENCE NORTH ALONG CENTER OF THE COUNTRY ROCK ROAD (NOW FEDERAL HIGHWAY) TO THE POINT OF BEGINNING, LESS THE SOUTH 68 FEET THEREOF, LESS THE RIGHY OF WAY FOR FEDERAL HIGHWAY AS SHOWN IN ROAD PLAT BOOK 3, PAGE ! 1, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. PARCEL 5: COMMENCING AT THE DIXIE HIGHWAY AT THE CROSSING OF THE SOUTH SECTION LINE OF SECTION 28; AND RUNNING NORTH ALONG THE COUNTRY ROAD 165 FEET; WEST 265.5 FEET; THENCE SOUTH 165 FEET; THENCE EAST 262.5 FEET TO THE POINT OF BEGINNING (LESS SOUTH 30 FEET THEREOF AS CONVEYED IN DEED RECORDED IN DEED BOOK 1037, PAGE 673) ALL BEING IN SECTION 28, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, LESS AND NOT INCLUDING: THE RIGHT OF WAY FOR STATE ROAD 5 (U.S. HIGHWAY NO. 1) AS SHOWN IN ROAD PLAT 3, PAGE 11, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND THE RIGHT OF WAY FOR WOOLBRIGHT ROAD (S.E. 15TH AVENUE) AS SHOWN IN ROAD PLAT BOOK 5, PAGE 121, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. PARCEL 6: LOT 6, LESS EXISTING RIGHT OF WAY FOR U.S. HIGHWAY NO. 1, AND THE EAST 50 FEET OF LOT 13, CENTRAL PARK', ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 12, PAGE 12, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. PARCEL 7: LOT 12, LESS THE EAST 50 FEET THEREOF AND LOT 13, LESS THE EAST 50 FEET THEREOF OF CENTRAL PARK, AN ADDITION TO THE TOWN OF BOYNTON BEACH, FLORIDA, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 12, PAGE 12, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. S=\CA\Ordinanc~s\P~anning\Land Use\Seachside Land Use.doc LESS AND EXCEPT THE FOLLOWING: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 12, RUNNING EAST ON THE NORTH LINE OF LOT 12, 105 FEET TO A POINT; THENCE RUNNING SOUTH AT RIGHT ANGLES 5 FEET THENCE RUNNING WESTERLY PARALLEL TO THE NORTH LINE OF SAID LOT 12 TO THE WEST LINE OF LOT ! 2, NORTHERLY ON THE WEST LINE OF LOT 12, TO THE POINT OF BEGINNING. PARCEL 8: LOTS 14 THROUGH 29, INCLUSIVE, CENTRAL PARK, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 12, PAGE 12, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, TOGETHER WITH THE APPARENTLY ABANDONED ROAD RIGHT OF WAY FOR S.E. 2ND STREET LYING WEST OF AND ADJACENT TO LOTS 20 THROUGH 23, INCLUSIVE, OF SAID PLAT OF CENTRAL PARK. Section 2: That any maps adopted in accordance with the Future Land Use Element shall 'be amended accordingly. Section 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 4: Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. .Section 5: This Ordinance shall take effect on adoption, subject to the review, challenge, or appeal provisions provided by the Florida Local Government Comprehensive Planning and Land Development Regulation Act. No party shall be vested of any right by virtue of the adoption of this Ordinance until all statutory required review is complete and all legal challenges, including appeals, are exhausted. In the event that the effective date is established by state law or special act, the provisions of state act shall control. FIRST READING this ~ day of ,,.J~ ,2003. S~\CA\Ordinances\Planning\Land Use\Beachside Land Use.doc SECOND, FINAL READING and PASSAGE this ~ day of ,2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk (Corporate Seal) S: \CA\Ordinances\~lanning\Land Use\Beachside Land Use. doc DEVELOPMENT DEPARTMENT PLANNING & ZONING DIVISION MEMORANDUM NO, PZ 02-276 TO: Chairman and Members Communi~pment.. Agency 8oard FROM: Dick Hudsdn'~Senior Planner THROUGH: Michael W. RumpfP'~~ Director of Planning and Zoning DATE: December 2, 2002 PRO.1 ECT DESCRI'PT'ZON Project/Applicant: 8eachside at Boynton/Goco, :[nc. Agent: Siemon and Larsen, P.A. Owner: Gulfstream Lumber Co. Location: 1415 South Federal Highway (Northwest corner of Federal Highway and Woolbright Road) File No: Land Use Amendment/Rezoning (LUAR 02-008) Property Description: Developed property consisting of _14.64 acres, classified Local Retail Commercial (LRC) and zoned C-3 Community Commercial. Proposed change/use: To reclassify the subject property from Local Retail Commercial (LRC) to Mixed Use (MU), and rezone from C-3 Community Commercial to MU-L Mixed Use-Low Intensity in order to redevelop the property as a Mixed Use (residential, retail and office) project. The classification permits residential densities up to 40 du/ac. Adjacent Land Uses and Zoning: North: To the northeast, developed commercial property (Dunkin' Donuts and a convenience store) classified Local Retail Commercial (LRC) and zoned C-3 Community Commercial; to the northwest, the right-of-way of SE 12~ Avenue, then developed residential property classified Medium Density Residential (MeDR) at a maximum density of 9.58 du/ac, and zoned R-2 Duplex Residential. Page 2 File Number: LUAR 02-008 Beachside at Boynton South: The right-of-way of Woolbright Road (SE 15'~ Avenue) then developed commercial property (Sunshine Square) classified Local Retail Commercial (LRC) and zoned C-3 Community Commercial East: The right-of-way of South Federal Highway, then to the southeast, developed commercial property (Shell Service Station) classified Local Retail Commercial (LRC) and zoned C-3 Community Commercial; to the northeast, developed residential property (Gulfstream Apartments [25.4 alu/ac] and Snug Harbor Condominiums [2?.7 du/ac]) classified High Density Residential (HDR) at a maximum density of 10.8 du/ac, and zoned R-3 Multi- family residential. West: The right-of-way of the Florida East Coast (FEC) railroad, then developed property classified ]:ndustrial (]:) and zoned M-]. Mdustrial. PRO3ECT ANALYSIS The parcels, which are the subject of this land use amendment, total _.14.64 acres. Because of the size of the property under consideration, the Florida Department of Community Affairs classifies this amendment as a "large scale" amendment. Following local board review and City Commission public hearing, a "large-scale" amendment is transmitted to the Florida Department of Community Affairs for review for compliance with the state, regional and local comprehensive pla~.s prior to adoption. Following the review period of approximate!y 60 days, DCA provides the CiLy with a report of their findings in an "Objections, Recommendations and Comments (ORC) Report". The City then has 60 days to either (1) adopt the amendment as transmitted, (2) adopt the amendment with changes in response to the ORC report, or (3) determine not to adopt the amendment and inform DCA of that decision. According to Florida Statutes Chapter 163, large-scale amendments may only be adopted during two amendment cycles each calendar year. This amendment request is a part of the first round of amendments for the 2003 calendar year. The criteria used to review Comprehensive Plan amendments and rezonings are listed in the Land Development Regulations, Chapter 2, Section 9, Adrn/n/stratzbn and Enforcement, ]:tem C. Comprehensive P/an Arnendrnent~: Rezon/ngs. These criteria are required to be part of a staff analysis when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Map. a. Whether the proposed rezon/ng would be cons/stent w/th applicable comprehensive plan policies including but not//m/ted to, a prohibit'on against any increase in dwelling unit density exceeding 50 in the hurricane evacuation zone without wri~en approva/ of the Pa/m Beach County Emergency P/arming D/v/sion and the City's risk manager. The p/arming departrnent sha// a/so recommend//mitat/ons or requirements, which wou/d have to be imposed on subsequent deve/opment of the property, in order to cornp/y w/th po/lc/es contained in the comprehensive p/an. Page 3 File Number: LUAR 02-008 Beachside at Boynton The property is located on the west side of Federal Highway. According to the Palm Beach County Division of Emergency Management, the hurricane evacuation zone is only on the east side of Federal High_way, therefore the cited prohibition does not apply to this requested amendment. Policy 1.13.4 states: "The City shall further discourage urban sprawl; A. Prevent the presence or frequency of the primary indicators of urban sprawl through continuous promotion of compact developments within the City's urban service areas, while requiring the maximization of all public services for each development in the most cost effective manner possible; and B. Demonstrate, in all future development and redevelopment in the City, land use patterns that are non-strip in nature and demonstrate the ability to attract and encourage a functional mix of uses." Without the proposed amendment, redevelopment of the site would most likely follow the strip- type commercial development model that is found on the properties south of Woolbdght Road at this intersection. By changing the land use and zoning, the required development pattern is non-strip in nature, consistent with the policy. Objective 1.15 of the Future Land Use Element reads: "The City shall encourage planned development projects which are sensitive to characteristics of the site and to surrounding land uses, and mixed-use projects in locations which are appropriate, and utilize other innovative methods of regulating land development." Policy 1.i5.2 states: "The City shall continue to adopt and enforce regulations to allow mixed commercial/residential projects in the Local Retail Commercial and Mixed Use land use categories, where this type of development would be appropriate, where such projects would not create significant land use conflicts, and public facilities would be adequate to serve the project... For projects located in the Mixed Use land use category, the maximum density shall be 40 dwelling units per acre. Commercial uses shall be allowed up to the intensities specified in Policy 1.16.2. These commercial and residential land use intensities may be both applied to the same land area, and any mix of commercial and residential land uses shall be allowed"; and, The Federa/ H/qhwaK Corrfdor Community Redeve/oprnent P/an provides an overall introduction to recommendations for Areas ]3: and tV: "These two planning areas are the front doors to the downtown core area; the gateway neighborhoods. As such, they will serve two broad functions. F~rst, their appearance must convey their important role as gateways to downtown. Currently, however, many Page 4 File Number: LUAR 02-008 Beachside at Boynton of the existing uses, and the appearance and placement of development features do not create the desired appearance of gateway neighborhoods. Additionally, many of the existing types of-commercial uses do not promote a sense of neighborhood. Rather, they cater to drive-by traffic on Federal Highway. Second, these planning areas must provide sufficient housing opportunities to build the critical mass of population necessary for a successful downtown area. The general goal is to create identifiable communities that provide the gateways to downtown." The plan specifically recommends the following for the area containing the subject property (Area IV): "Establish a sense of community. Provide for mixed-use development that is predominantly residential, with non-residential components that serve the immediate community. Non-residential uses should be neighborhood serving in nature, as opposed to those uses that are heavy commercial uses, those that are automobile oriented, or those that are generally not considered to be neighborhood oriented." The proposed redevelopment plan for this site is consistent with the requirements of the Nixed Use land use classification, and the recently adopted Nixed Use-Low :intensity zoning category as well as the cited recommendation from the corridor plan. b. Whether the proposed re. zoning would be contrary to the established land use pattern, or would create an isolated alisa'itt unrelated to adjacent and nearby districts, or would constitute a grant of special privilege to an individual property owner as contrasted with the protect'on of the public we/fare. The proposed rezoning would not create an isolated district. The type of redevelopment contemplated for the property is expressly favored by the corridor redevelopment plan, and does not constitute a grant of special privilege. ]:t provides benefits to the public welfare by augmenting the City's tax base, providing additional residential units in close proximity to the downtown redevelopment area, providing a gateway to the downtown, improving the aesthetic qualitY of the Woolbdght Road and Federal Highway corridors, and implementing the City's adopted Redevelopment Plan. c. Whether changed or changing condit~'ons make the proposed rezoning desirable. The City's emphasis on redevelopment of the downtown and the entire Federal Highway Corridor, beginning with the adoption of the Federal Hiqhway Corridor Community Redevelopment Plan and the accompanying Nixed Use-Low ]:ntensity zoning district available for this area are changes that support this proposed land use amendment and rezoning. d. Whether the proposed use would be compa~b/e with utility systems, roadways, and other pub#c fac#itz'es. The traffic consultants' report for the project indicates that as proposed, the project will generate ~.,709 fewer daily trips than the existing designation. For water and sewer service, the capacity and necessary infrastructure are available to serve the site. The Palm Beach County School District has reviewed the project for school concurrency and has issued a Page $ File Number: LUAR 02-008 Beachside at: Boynton determination valid for one year. Once a development order With respect to solid waste, in a letter dated December i8, 200]., the Palm Beach County Solid Waste Authority has stated that adequate capacity mists to accommodate the county's municipalities throughout the 10-year planning period. Lastly, drainage will also be reviewed in detail as part of the review of the conditional use application, and must satisfy all requirements of the city and local drainage permitting authorities. e. Whether the proposed rezon/ng would be compagb/e w/th the current and ~uture use of adjacent and nearby properties, or would affect the property values of adjacent or nearby propeR'es. The proposed use of the property will be more compatible with surrounding properties than the current use as a lumberyard. It will improve the overall character of the area and provide neighborhood serving retail and office uses to area residents. The redevelopment of the property as a mixed use development will most likely improve the value of adjacent and nearby properties. f. Whether the property is physically and economically developable under the ex/s~'ng zoning. The property is currently developed, and the use can continue on the site. Redevelopment under the present zoning and land use could produce a variety of commercial uses which, most likely, would follow the strip center form of development found on the southeast and southwest corners of the intersection. g. Whether the proposed rezon/ng is ora scale which is reasonably related to the needs of the neighborhood and the city as a whole. The land use amendment and rezoning are of a scale that is reasonably related to the needs of the neighborhood and the city as a whole. The area of the proposed land use amendment comprises almost ].5 acres bounded on the north by NE ].2"' Avenue, on the east by Federal Highway, on the south by Woolbright Road and on the west by the railroad. As such, it is a compact unit, that does not immediately abut any uses other than the donut shop and convenience store at the comer of SE ].2m Avenue and Federal Highway. h. Whether there are adequate sites elsewhere in the city for the proposed use, in dis~'c'~s where such use is a/ready a/lowed. The MU-L zoning was only adopted in summer 2002, in order to implement redevelopment in the Federal Highway Corridor. This is the first application for a rezoning to the new district, so there are no other sites presenUy available where this type of development could occur without a rezoning. The subject property, located at the highly visible crossroads of Federal Highway and Woolbright Road, both arterial roads as required in the district regulations, is an ideal location for a mixed-use "gateway" community. Page 6 File Number: LUAR 02-008 Beachside at Boynton CONCLUSIONS/RECOMMENDATIONS As indicated herein_, this request is consistent with the intent of the Comprehensive Plan; will not create additional'impacts on infrastructure that have not been anticipated in the Comprehensive Plan; will be compatible with adjacent land uses and will contribute to the overall economic development of the City. Therefore, staff recommends that the subject request be approved. If the Planning and Development Board or the City Commission recommends conditions, they will be included within Exhibit "B". ATTACHMENTS ]:\$HROATA\P~annm~j~.CHARED\WP~PRO]ECT~R~AC~S~DE ~ 8OYNTON\LUAR\STAFF REPORT LUAR.dOC Location Map GULFSTREAM LUMBEP,/BEACHSIDE AT BOYNTON XII. - LEGAL ITEM A. 14 CITY OF BOYNTON BEAC AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates. in to City Clerk's Office Meeting Dates in to City Clerk's Office [] April 1, 2003 March 17, 2003 (Noon.) [] June 3, 2003 May 19, 2003 (Noon) [] April 15, 2003 March 31,2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) [] May 6, 2003 April 14, 2003 (Noon) [] July 1, 2003 June 16, 2003 (Noon) [] May 20, 2003 May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the June 17, 2003 City Commission Agenda under Legal, Ordinance - Second Reading. On June 3, 2003, the City Commission with a 5 to 0 vote, approved the subject Ordinance on First Reading. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 02-276. EXPLANATION: PROJECT: Beachside at Boynton/Goeo, Inc. (LUAR 02-008) AGENT: Siemon and Larsen, P.A. OWNER: Gulfstream Lumber Company LOCATION: 1415 South Federal Highway (Northwest comer of Federal Highway and Woolbright Road) DESCRIPTION: Request to rezone from Community Commercial (C-3) to Mixed Use-low Intensity (MU-L). For Mixed use development (residential, retail, and office). PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A L/ Development Dep~ent Director City Manager's Signature ~ ~'~annm~a~omn~ Director City Attorney / Finance / Human Resources S:XPlanning~SHARED\WPXPROJECTS~BEACHSIDE ~ BOYNTON'xLUARXAgenda Item Request Beachside at Boynton Rezoning 2nd reading 6-173- 03 .dot ORDINANCE NO. 03- O :~a~, AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE APPLICATION OF BEACHSIDE AT BOYNTON/GOCO, INC., AMENDING ORDINANCE 02-013 OF SAID CITY BY REZONING A PARCEL OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM COMMUNITY COMMERCIAL (C-3) TO MIXED USE-LOW INTENSITY (MU-L); PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City; and WHEREAS, Gulfstream Lumber Company, as owner of the property more particularly described hereinafter, for the project known as Beachside at Boynton/Goco, Inc., has heretofore filed a Petition, through its agent, Siemon and Larsen, P.A., pursuant to Section 9 of Appendix A-Zoning, of the Code of Ordinances, City of Boynton Beach, Florida, for the purpose of rezoning a parcel of land consisting of approximately + 14.64 acres, said land being more particularly described hereinafter, from Community Commercial (C-3) to Mixed Use-Low Intensity (MU-L); and WHEREAS, the City Commission conducted a public hearing and heard testimony and received evidence which the Commission finds supports a rezoning for the property hereinafter described; and WHEREAS, the City Commission finds that the proposed rezoning is consistent with an amendment to the Land Use which was contemporaneously considered and approved at the public hearing heretofore referenced; and WHEREAS, the City Commission deems it in the best interests of the S: \CA\Ordinances\Planning\Rezoning\Rezoning - - Beachside.doc inhabitants of said City to amend the aforesaid Revised Zoning Map as hereinat~er set forth. 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 incorporated herein by this reference. Section 2. The following described land, located in the City of Boynton Beach, Florida as set forth as follows: PARCEL CONTROL NUMBERS 08-43-45-28-00-000-5090 08-43-45-28-00-000-5100 08-43-45-28-01-000-0060 08-43-45-28-01-000-0121 08-43-45-28-01-000-0130 08-43-45-28-01-000-0140 08-43-45-28-01-000-0150 08-43-45-28-01-000-0160 08-43-45-28-01-000-0170 08-43-45-28-01-000-0190 08-43-45-28-01-000-0200 08-43-45-28-01-000-0240 08-43-45-28-01-000-0260 08-43-45-28-01-000-0270 08-43-45-28-01-000-0290 PARCEL 1: A TRACT OF LAND IN SECTION 28, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO-WIT: BEGINNING AT A POINT IN THE SOUTH LINE OF SAID SECTION 28 (BEING ON WOOLBRIGHT ROAD) SAID POINT BEING 229.50 FEET WESTERLY FROM, MEASURED ALONG THE SOUTH LINE OF SAID SECTION 28, THE WESTERLY LINE OF U.S. HIGHWAY NO. 1, THENCE NORTHERLY AT AN ANGLE WITH THE PRECEDING COURSE OF 89°43'30'', MEASURED FROM EAST TO NORTH, A DISTANCE OF 165.0 FEET; THENCE EASTERLY PARALLEL TO THE SOUTH LINE OF SAID SECTION 28, A DISTANCE OF 41.03 FEET; THENCE NORTHERLY AT AN ANGLE WITH THE PRECEDING COURSE OF 90°16'50", MEASURED FROM WEST TO NORTH, A DISTANCE OF 221.13 FEET; THENCE WESTERLY PARALLEL TO THE SOUTH LINE OF CENTRAL PARK, A SUBDIVISION OF BOYNTON BEACH, PLAT OF WHICH IS RECORDED IN PLAT BOOK 12, PAGE 12, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, A DISTANCE OF 100 FEET; THENCE NORTHERLY AT AN ANGLE WITH THE PRECEDING COURSE 89°55'30", MEASURED FROM EAST TO NORTH, A DISTANCE OF 264.0 FEET, MORE OR LESS, TO THE SOUTH LINE OF SAID CENTRAL PARK, THENCE WESTERLY ALONG THE SOUTH LINE OF SAID CENTRAL PARK, A S: \CA\Ordinances\~lanning\Rezoning\Rezoning - - Seachside.doc DISTANCE OF 490.26 FEET; MORE OR LESS, TO THE EASTERLY RIGHT OF WAY OF THE FLORIDA EAST COAST RAILWAY RIGHT OF WAY; THENCE SOUTHERLY ALONG THE EASTERLY RIGHT OF WAY LINE OF THE FLORIDA EAST COAST RAILWAY, A DISTANCE OF 660.80 FEET, MORE OR LESS, TO THE SOUTH LINE OF SAID SECTION 28; THENCE EASTERLY ALONG THE SOUTH LINE OF SAID SECTION 28, A DISTANCE OF 643.40 FEET; MORE OR LESS, TO THE POINT OF BEGINNING, LESS THE RIGHT OF WAY FOR WOOLBRIGHT ROAD AS SHOWN IN ROAD PLAT BOOK 5, PAGE 121, PUBLIC RECORDS OF PALM EEACH COUNTY, FLORIDA. PARCEL 2: THE WEST 100 FEET OF THE SOUTH 68 FEET OF THAT CERTAIN TRACT OF LAND DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER OF THE COUNTRY ROCK ROAD (NOW FEDERAL HIGHWAY) ON THE NORTH LINE OF THE SOUTH OF THE SOUTHEAST OF THE SOUTHEAST OF SECTION 28, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, THENCE WEST 311.5 FEET TO A STAKE; THENCE SOUTH 264 FEET TO A STAKE; THENCE EAST 328.5 FEET TO THE CENTER OF THE COUNTRY ROCK ROAD (NOW FEDERAL HIGHWAY) THENCE NORTH ALONG CENTER OF THE COUNTRY ROCK ROAD (NOW FEDERAL HIGHWAY) TO THE POINT OF BEGINNING. PARCEL 3: A PARCEL OF LAND IN THE SOUTHEAST OF SECTION 28, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLOR/DA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTH LINE OF SAID SECTION 28, AND WESTERLY RIGHT OF WAY OF U.S. HIGHWAY NO. 1 AS LAID OUT AND IN USE; THENCE NORTHERLY ALONG SAID WEST RIGHT OF WAY LINE, A DISTANCE OF 165.05 FEET TO A CONCRETE MONUMENT MARKING THE SOUTHEAST CORNER OF THE TRACT OF LAND TO BE HEREIN CONVEYED, THENCE CONTINUING ALONG SAID WEST RIGHT OF WAY LINE A DISTANCE OF 289.81 FEET MORE OR LESS TO A POINT WHICH IS 196 FEET SOUTH OF, MEASURED AT RIGHT ANGLES TO THE SOUTH LINE OF CENTRAL PARK, A SUBDIVISION RECORDED IN PLAT BOOK 12, PAGE 12, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, THENCE WESTERLY AND PARALLEL WITH THE SAID SOUTH LINE OF CENTRAL PARK, A DISTANCE OF 196.74 FEET; THENCE SOUTHERLY AT AN ANGLE OF 90004'30'' MEASURED FROM EAST TO SOUTH, A DISTANCE OF 289.13 FEET MORE OR LESS, TO A POINT WHICH IS 165 FEET NORTH OF THE SOUTH LINE OF SAID SECTION 28; THENCE EASTERLY AND PARALLEL WITH SAID SOUTH LINE OF SECTION 28, A DISTANCE OF 191.47 FEET, MORE OR LESS, TO THE POINT OF BEGINNING, LESS THE RIGHT OF WAY FOR U.S. HIGHWAY NO. 1 AS SHOWN IN ROAD PLAT BOOK 3, PAGE 11, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. S:\CA\Ordinances\Planning\Rezoning\Rezoning - - Beachside.doc PARCEL 4: COMMENCING AT THE CENTER OF COUNTRY ROCK ROAD (NOW FEDERAL NORTH LINE OF THE SOUTH OF THE SOUTHEAST OF THE HIGHWAY) ON THE SOUTHEAST OF SECTION 28, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, WHICH POINT IS 347 FEET WEST OF THE EAST LINE OF SAID SECTION 28; THENCE WEST 331.5 FEET TO A STAKE; THENCE SOUTH 264 FEET TO A STAKE; THENCE EAST 328.5 FEET TO THE CENTER OF COUNTRY ROCK ROAD (NOW FEDERAL HIGHWAY); THENCE NORTH ALONG CENTER OF THE COUNTRY ROCK ROAD (NOW FEDERAL HIGHWAY) TO THE POINT OF BEGINNING, LESS THE SOUTH 68 FEET THEREOF, LESS THE RIGHY OF WAY FOR FEDERAL HIGHWAY AS SHOWN IN ROAD PLAT BOOK 3, PAGE 11, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. PARCEL 5: COMMENCING AT THE DIXIE HIGHWAY AT THE CROSSING OF THE SOUTH SECTION LINE OF SECTION 28; AND RUNNING NORTH ALONG THE COUNTRY ROAD 165 FEET; WEST 265.5 FEET; THENCE SOUTH 165 FEET; THENCE EAST 262.5 FEET TO THE POINT OF BEGINNING (LESS SOUTH 30 FEET THEREOF AS CONVEYED IN DEED RECORDED IN DEED BOOK 1037, PAGE 673) ALL BEING IN SECTION 28, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, LESS AND NOT INCLUDING: THE RIGHT OF WAY FOR STATE ROAD 5 (U.S. HIGHWAY NO. 1) AS SHOWN IN ROAD PLAT 3, PAGE 11, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND THE RIGHT OF WAY FOR WOOLBRIGHT ROAD (S.E. 15TH AVENUE) AS SHOWN IN ROAD PLAT BOOK 5, PAGE 121, PUBLIC REcoRDs OF PALM BEACH COUNTY, FLORIDA. PARCEL 6: LOT 6, LESS EXISTING RIGHT OF WAY FOR U.S. HIGHWAY NO. 1, AND THE EAST 50 FEET OF LOT 13, CENTRAL PARK, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 12, PAGE 12, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. PARCEL 7: LOT 12, LESS THE EAST 50 FEET THEREOF AND LOT 13, LESS THE EAST 50 FEET THEREOF OF CENTRAL PARK, AN ADDITION TO THE TOWN OF BOYNTON BEACH, FLORIDA, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 12, PAGE 12, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. LESS AND EXCEPT THE FOLLOWING: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 12, RUNNING EAST S: \ CA\Ordinance s \ ~1 arming\ Re zoning \ Re zoning - - Beachs ide. doc ON THE NORTH LINE OF LOT 12, 105 FEET TO A POINT; THENCE RUNNING SOUTH AT RIGHT ANGLES 5 FEET THENCE RUNNING WESTERLY PARALLEL TO THE NORTH LINE OF SAID LOT 12 TO THE WEST LINE OF LOT 12, NORTHERLY ON THE WEST LINE OF LOT 12, TO THE POINT OF BEGINNING. PARCEL 8: LOTS 14 THROUGH 29, INCLUSWE, CENTRAL PARK, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 12, PAGE 12, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, TOGETHER WITH THE APPARENTLY ABANDONED ROAD RIGHT OF WAY FOR S.E. 2ND STREET LYING WEST OF AND ADJACENT TO LOTS 20 THROUGH 23, INCLUSWE, OF SAID PLAT OF CENTRAL PARK. be and the same is hereby rezoned from Community Commercial (C-3) to MU-L Mixed Use-. Low Intensity. A location map is attached hereto as Exhibit "A" and made a part of this Ordinance by reference. Section 3: That the aforesaid Revised Zoning Map of the City shall be amended accordingly. Section 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 6: 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 7. This ordinance shall become effective immediately upon passage. FIRST READING this ,_q day of ,-J ua% ~. ,2003. S:~CA\Ordinances\Planning\Rezoning\Rezoning - - Beachside.doc SECOND, FINAL READING and PASSAGE this ~ day of ., 2003. CITY OF BOYNTON BEACH, FLORIDA Mawr Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk (Corporate Seal) S: \CA\Ordinances\Planning\Rezoning\Rezoning - - Beachside.doc Location Map GULFSTREAM LUMBEPJBF_ACHSIDE AT BOYNTON C3 WOO[BRIGHT RD / SE 1ETH AVE C3 $ DEVELOPMENT DEPARTMENT PLANNING & ZONING D:[VISION MEMORANDUM NO. PZ 02-276 TO' Chairman and Members Community~.~~pment.. Agency Board FROM: Dick Hudsc~enior Planner THROUGH: Michael W. Rumpf Director of Planning and Zoning DATE: December 2, 2002 PRO3ECT DESCR]:P'I'ZON Project/Applicant: Beachside at Boynton/Goco, :[nc. Agent: Siemon and Larsen, P.A. Owner: Gulfstream Lumber Co. Location: :[4:L5 South Federal Highway (Northwest corner of Federal Highway and Woolbright Road) File No: Land Use Amendment/Rezoning (LUAR 02-008) Property Description: Developed property consisting of _+1~,.6~, acres, classified Local Retail Commercial (LRC) and zoned C-3 Community Commercial. Proposed change/use: To reclassify the subject property from Local Retail Commercial (LP, C) to Mixed Use (MU), and rezone from C-3 Community Commercial to MU-L Mixed Use-Low Tntensity in order to redevelop the property as a Mixed Use (residential, retail and office) project. The classification permits residential densities up to ~,0 du/ac. Adjacent Land Uses and Zoning: North: To the northeast, developed commercial property (Dunkin' Donuts and a convenience store) classified Local Retail Commercial (LRC) and zoned C-3 Community Commercial; the northwest, the right-of-way of SE :[2~ Avenue, then developed residential property classified Medium Density Residential (MEDE) at a maximum density of 9.58 du/ac, and zoned R-2 Duplex Residential. Page 2 File Number: LUAR 02-008 Beachside at Boynton South: The right-of-way of Wootbright Road (SE 15~ Avenue) then developed commercial property_ (Sunshine Square) classified Local Retail Commercial (LRC) and zoned C-3 Community Commercial East: The right-of-way of South Federal Highway, then to the southeast, developed commercial property (Shell Service Station) classified Local Retail Commercial (LRC) and zoned C-3 Community Commercial; to the northeast, developed residential property (Gulfstream Apartments [25.4 du/ac] and Snug Harbor Condominiums [27.7 du/ac]) classified High Density Residential (HDR) at a maximum density of 10.8 du/ac, and zoned R-3 Multi- family residential. West: The right-of-way of the Rot/da East Coast (FEC) railroad, then developed property classified Tndustrial il:) and zoned H-:I. Industrial. PRO3ECT ANALYSIS The parcels, which are the subject of this land use amendment, total ±14.64 acres. Because of the size of the property under consideration, the Florida Department of Community Affairs classifies this amendment as a "large scale" amendment. Following local board review and City Commission public hearing, a "large-scale" amendment is transmitted to the Florida Department of Community Affairs for review for compliance with the state, regional and local comprehensive plans prior to adoption. Following the review period of approximate!y 60 days, DCA provides the City with a report of their findings in an "Objections, Recommendations and Comments (ORC) Report". The City then has 60 days to either (1) adopt the amendment as transmitted, (2) adopt the amendment with changes in response to the ORC report, or (3) determine not to adopt the amendment and inform DCA of that decision. According to Florida Statutes Chapter 163, large-scale amendments may only be adopted during two amendment cycles each calendar year. This amendment request is a part of the first round of amendments for the 2003 calendar year. The criteria used to review Comprehensive Plan amendments and rezonings are listed in the Land Development RegulaUons, Chapter 2, Section 9, Administration and Enforcement, Item C. Comprehensive P/an Amendments: Rezoning$. These criteria are required to be part of a staff analysis when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Hap. a. Whether the proposed rezoning would be consistent w/th applicable comprehensive plan policies including but not//m/ted to, a prohibRT'on agains~ any increase in dwelling unit density exceeding SO in the hurricane evacuaty'on zone without written approval of the Palm Beach County Emergency P/ann/nE D/vision and the City's risk manager. The planning department shall also recommend #mitatYons or requirements, which would have to be imposed on subsequent development of the property, in order to comply with po#des contained/n the comprehensive plan. Page 3 File Number: LUAR 02-008 Beachside at 8oynton The property is located on the west side of Federal Highway. According to the Palm Beach County Division of Emergency Management, the hurricane evacuation zone is only on the east side of Federal Highway, therefore the cited prohibition does not apply to this requested amendment. Policy 1.13.4 states: "The City shall further discourage urban sprawl; A. Prevent the presence or frequency of the primary indicators of urban sprawl through continuous promotion of compact developments within the City's urban service areas, while requiring the maximization of all public services for each development in the most cost effective manner possible; and B. Demonstrate, in all future development and redevelopment in the City, land use patterns that are non-strip in nature and demonstrate the ability to attract and encourage a functional mix of uses." Without the proposed amendment, redevelopment of the site would most likely follow the strip- type commercial development model that is found on the properties south of Woolbdght Road at this intersection. By changing the land use and zoning, the required development pattern is non-strip in nature, consistent with the policy. Objective 1.15 of the Future Land Use Element reads: "The City shall encourage planned development projects which are sensitive to characteristics of the site and to surrounding land uses, and mixed-use projects in locations which are appropriate, and utilize other innovative methods of regulating land development." Policy 1.15.2 states: "The City shall continue to adopt and enforce regulations to allow mixed commercial/residential projects in the Local Retail Commercial and Mixed Use land use categories, where this type of development would be appropriate, where such projects would not create significant land use conflicts, and public facilities would be adequate to serve the project... For projects located in the Mixed Use land use category, the maximum density shall be 40 dwelling units per acre. Commercial uses shall be allowed up to the intensities specified in Policy 1.16.2. These commercial and residential land use intensities may be both applied to the same land area, and any mix of commercial and residential land uses shall be allowed"; and, The Federa/ H/qhwaF Corrfdor Community Redeve/oprnent P/an provides an overall introduction to recommendations for Areas 1:I and IV: "These two planning areas are the front doors to the downtown core area; the gateway neighborhoods. As such, they will serve two broad functions. First, their appearance must convey their important role as gateways to downtown. Currently, however, many Page 4 File Number: LUAR 02-008 Beachside at Boynton of the existing uses, and the appearance and placement of development features do not create the desired appearance of gateway neighborhoods. Additionally, many of the existing types of. commercial uses do not promote a sense of neighborhood. Rather, they cater to drive-by traffic on Federal Highway. Second, these planning areas must provide sufficient housing opportunities to build the critical mass of population necessa~ for a successful downtown area. The general goal is to create identifiable communities that provide the gateways to downtown." The plan specifically recommends the following for the area containing the subject property (Area ~/): "Establish a ser~s~ of community. Provide for mixed-use development that is predominantly residential, with non-residential components that serve the immediate community. Non-residential uses should be neighborhood serving in nature, as opposed to those uses that are heavy commercial uses, those that are automobile oriented, or those that are generally not considered to be neighborhood oriented." The proposed redevelopment plan for this site is consistent with the requirements of the Nixed Use land use classification, and the recently adopted Nixed Use-Low i[ntensity zoning category as well as the cited recommendation from the corridor plan. b. Whether the proposed rezon/ng would be contrary to the established/and use pattern, or would create an isolated district unrelated to adjacent and nearby distn'cts, or would cons~'tute a grant of special privilege to an individual property owner as contrasted with the protectz'on of the public we/fare. The proposed rezoning would not create an isolated district. The type of redevelopment contemplated for the property is expressly favored by the corridor redevelopment plan, and does not constitute a grant of special privilege. :It provides benefits to the public welfare by augmenting the City's tax base, providing additional residential units in close proximity to the downtown redevelopment area, providing a gateway to the downtown, improving the aesthetic qualitY of the Woolbdght Road and Federal Highway corridors, and implementing the CitY's adopted Redevelopment Plan. c. Whether changed or changing conditx'ons make the proposed rezoning desirable. The City's emphasis on redevelopment of the downtown and the entire Federal Highway Corridor, beginning with the adoption of the Federal HiqhwaK Corridor Community' Redevelopment Plan and the accompanying Nixed Use-Low ]:ntensity zoning district available for this area are changes that support this proposed land use amendment and rezoning. d. Whether the proposed use would be compa~'b/e wi~h u~'/ity systems, roadways, and other pub#c faci/itz'es. The traffic consultants' report for the project indicates that as proposed, the project will generate 1,709 fewer daily trips than the existing designation. For water and sewer service, the capacitY and necessary infrastructure are available to serve the site. The Palm Beach County School District has reviewed the project for school concurrency and has issued a Page 5 File Number: LUAR 02-008 8eachside at Boynton determination valid for one year. Once a development order With respect to solid waste, in a letter dated December 18, 2001, the Palm Beach County Solid Waste Authority has stated that adequate capacity exists to accommodate the county's municipalities throughout the 10-year planning period. La~y, drainage will also be reviewed in detail as part of the review of the conditional use application, and must satisfy all requirements of the city and local drainage permitting authorities. e. Whether the proposed rezon/ng wou/d be cornpa~ble with the current and future use of adjacent and nearby propertz'es, or wou/d affect the property va/ues of adjacent or nearby propeR'es. The proposed use of the property will be more compatible with surrounding properties than the current use as a lumberyard. ]:t will improve the overall character of the area and provide neighborhood serving retail and office uses to area residents. The redevelopment of the property as a mixed use development will most likely improve the value of adjacent and nearby properties. f. Whether the property is physica//y and economically developable under the existz'ng zoning. The property is currently developed, and the use can continue on the site. Redevelopment under the present zoning and land use could produce a vadety of commercial uses which, most likely, would follow the strip center form of development found on the southeast and southwest corners of the intersection. g. Whether the proposed rezoning is ora $ca/e which is reasonably re/ated to the needs of the neighborhood and the city as a whole. The land use amendment and rezoning are of a scale that is reasonably related to the needs of the neighborhood and the city as a whole. The area of the proposed land use amendment comprises almost ~.5 acres bounded on the north by NE 12~ Avenue, on the east by Federal Highway, on the south by Woolbdght Road and on the west by the railroad. As such, it is a compact unit, that does not immediately abut any uses other than the donut shop and convenience store at the comer of SE 12m Avenue and Federal Highway. h. Whether there are adequate sites e/sewhere in the city for the proposed use, in distn'c~ where such use is a/ready a//owed. The MU-L zoning was only adopted in summer 2002, in order to implement redevelopment in the Federal Highway Corridor. This is the first application for a rezoning to the new district, so there are no other sites presently available where this type of development could occur without a rezoning. The subject property, located at the highly visible crossroads of Federal Highway and Woolbright Road, both arterial roads as required in the district regulations, is an ideal location for a mixed-use "gateway" community. Page 6 File Number: LUAR 02-008 Beachside at Boynton CONCLU$ION$/RECOMMENDATI:ON$ As indicated herein, this request is consistent with the intent of the Comprehensive Plan; will not create additional impacts on infrastructure that have not been anticipated in the Comprehensive Plan; will be compatible with adjacent land uses and will contribute to the overall economic development of the City. Therefore, staff recommends that the subject request be approved. :If the Planning and Development Board or the City Commission recommends conditions, they will be included within Exhibit "B". A'I-FACH PIENTS Location Map GULFSTREAM LUMBER./BEACHSIDE AT BOYNTON XII. - LEGAL TY OF BOYNTON BEACH ITEM A.15 AGENDA ITEM REQUEST FO Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] April 1, 2003 March 17, 2003 (Noon.) [] June 3, 2003 May 19, 2003 (Noon) [] April 15, 2003 March 31, 2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) [] May 6, 2003 April 14, 2003 (Noon) [] July 1, 2003 June 16, 2003 (Noon) [] May 20, 2003 May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the June 17, 2003 City Commission Agenda under Legal, Ordinance -- Second Reading. On June 3, 2003, the City Commission with a 5 to 0 vote, approved the subject Ordinance on First Reading. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 02-269. EXPLANATION: PROJECT: Comprehensive Plan Text Amendment (CPTA 02-002) AGENT/OWNER: Staff initiated DESCRIPTION: Request to amend Objective 1.12 and Policies 1.12.1 and 1.12.2. regarding residential developments in the Coastal High Hazard Area; as well as corresponding policies 8.8.5 and 8.8.6 in the Intergovernmental Coordination Element; Request to amend Policy 1.16.1. which provides the definitions of all land use designations found on the Future Land Use Map; and, Request to amend Policy 1.16.3 to require that by 2004 the Land Use Problems and Opportunities section of the support documents must be updated to reflect current conditions. Until the update is adopted, the directions of that section shall be considered as "advisory policies". PROGRAM IMPACT: N/A FISCAL IMPACT: N/A __Deve~pment Department Director City Manager's Signature ~ Plar~g and Zoning ]~ector' City Attorney / Finance / Human Resources S:~lanning\SHARED\WP\SPECPROJ~CPTA\02-002~,Agenda Item Request Comprehensive Plan Text Amend. 2nd reading 6-17-03.dot ORDINANCE NO. 03 - 033 AN ORDINANCE OF THE CITY ~)F THE OF BOYNTON BEACH, MENDING 1.12 AND 8.8 OF THE ~,EHENSIVE PLAN INSURE COMPLIANCE W HE FLORIDA ;ODE WITH RESIDENTIAL )E~ ]' IN THE COASTAL HAZARD AREA; NDING '.CTIVE 1.16 ;OMPREHENSIVE TO CIA TYPES PERMITTED N LAND CATEGORIES; TO THE (MU) LAND USE CATION; TO DEFINE THE MIXED USE (MU-C) ANI ERVATION (CON) LAND USE IDING FOR CONFLICTS, SEVE VE DATE. WHEREAS, the the City of Boynton Beach, Flodda has adopted ,naive plan as part of said plan, adopted active 1.12, Obj, 8.8 Objective 1.1 )ursuant to Ordinance 89-38 n accordance Loca .~nt Com[ Planning Act; and after blic hearing a"h~study, the )remission deems it b~- in the ~st intere~ of the inhabitants Of, the City to ~nd the text of the ~, s Comprehensive/Plan by amending Obje~e 1.12, Obj~ve 8.8, and,~ jo( t~(/~ 1.16, as provided herein; and ~ . . ~, /WHEREAS,/t is the recommendation .of st;ff t.l'f~a~text amen~ent to ~ :tive 1.12 ar~ Objective 8.8 be made in order to re~t ~ha~g~.'t~h.e ,dda Building/Code which have altered the requirement~.r buildings',~ n~ high~ wind velocities, and to provide for the. City.'~mergency ~mm~is ~f~)r~t~eo~iemWor~rarinc~edness plans for i'~ential XII. - LEGAL ITEM A. 15 Rgv*m*$ED Ordinance no. 03- an Ordinance Of the CitY COMMISSIOn Of The CitY Of bOYntOn BeACh, FLORIDA aMENDiNG OBJECTIVES 1.12 AND 8.8 Of the COMPREHENSIVE PLAN TO INSURE COMPLIANCE WITH THE FLORIDA BUILDING CODE WITH RESPECT TO RESIDENTIAL DEVELOPMENT in THE COASTAL HIGH HAZARD AREA; AMENDING OBJECTIVE 1.16 OF THE COMPREHENSIVE PLAN TO CLARIFY TYPES OF USES PERMITTED WITHIN VARIOUS LAND USE CATEGORIES; TO CLARIFY THE MIXED USE (MU) LAND USE CLASSIFICATION; TO CREATE AND DEFINE THE MIXED USE CORE (MU-C) AND CONSERVATION (CON) LAND USE CLASSIFICATIONS; PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida ("City") has adopted a comprehensive plan and as part of said plan, adopted Objective 1.12, Objective 8.8, and Objective 1.16, pursuant to Ordinance 89-38 in accordance with the Local Government Comprehensive Planning Act; and WHEREASi after public hearing and study, the City Commission deems it to be in the best interest of the inhabitants of the City to amend the text of the City's Comprehensive Plan by amending Objective 1.12, Objective 8.8, and Objective 1.16, as provided herein; and WHEREAS, it is the recommendation of staff that a text amendment to Objective 1.12 and Objective 8.8 be made in order to reflect changes to the Florida Building Code which have altered the requirements for buildings to withstand higher wind velocities, and to provide for the City's Emergency Management Officer to review hurricane preparedness plans for residential developments of 100 units or more; and WHEREAS, it is the recommendation of staff that a text amendment to Policy 1.16.1 be made to provide for clarification regarding the types of uses permitted i n e ach residential I and u se classification, t o insure compliance with state law regarding the locating of group homes and congregate living facilities, and to insure residential development conforms with the Federal Hiqhway Corridor Community Redevelopment Plan; and WHEREAS, it is the recommendation of staff that a text amendment to Policy 1.16.1 be made to provide for the removal of self-service storage facilities (limited-access mini-warehouse only) as a permitted use in the Office Commercial (OC) land use classification; and WHEREAS, it is the recommendation of staff that a text amendment to Policy 1.16.1 be made to provide for recognizing the MU-L Mixed Use-Low Intensity zoning district as being consistent with the Mixed Use (MU) land use classification; and WHEREAS, it is the recommendation of staff that a text amendment to Policy 1.16.1 be made to provide for a Mixed Use-Core (MU-C) land use classification and definition, and a finding that the MU-H Mixed Use High Intensity zoning district is consistent with the Mixed Use-Core land use designation;, and WHEREAS, it is the recommendation of staff that a text amendment to Policy 1.16.1 be made to provide for a Conservation (CON) land use classification and definition and finding that the ESL, Environmentally Sensitive Lands zoning category is consistent with the CON land use designation. WHEREAS, it is the recommendation of staff that a text amendment to Policy 1.16.3 be made to require, by 2004, an update to the Problems and Opportunities Section of the land use element support documents to reflect current conditions in each of the planning areas. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. That Objective 1.12 of the City of Boynton Beach Comprehensive Plan shall be amended by adding the words and figures in underlined type, to read as follows: Objective 1.12 Coastal area population densities shall not ~ be increased above the numl~r that these--whieh can be accommodated by streets and roads in the event that hurricane evacuation is necessar~ and shall be limited to those areas that are planned to accommodate such development throu.qh the provision of adequate public facilities and se~ices. Such development must meet minimum standards for High Velocity Hurricane Zones as required by the Florida Building Code., ,.,k-',-k.....,,.. ... don=!t~c= =nd tho =pprc,.'=! cf Policy 1.12.1 The City shall adopt and enforce regulations to vv ~ ~,,v. ~v ~, ~.., .~ ~,,~ · hc ....... ,, require that all new residontial developmonts of moro than 50 units, which aro Iocatod in tho Hurdcano fivacuation Zono, will provido continuinfl information to msidonts concornin~ hurdcano ovacuation and sholtors thmuflh tho ostablishmont of a homoo~o~' or association· Policy 1.12.2 The City shall adopt and enforce regulations to require that all new ~o~ residential projects of 100 dwelling units or more, which are located in the Hurricane Evacuation Zone i,,,.,, ,,~ ........ ,, ,.,fl,.,,....."~ +hc.. vv~.,%7 ~...~,,',,..., ~... b.....~..,~v,.v,), . ~ .,,...'~v,,.',.,.-,.,~, ,,,,~,,, ~,-,, +~, .... i,,,.+ m~,,, Piti,......~'h~u ....... t that Rlam. s hall formulate a n e mer.qency hurricane preparedness p lan a nd s hall provide t he p lan to all residents; this plan is subiect to the approval of the City's Risk Manaqement Officer. Section 2. That Objective 8.8 of the Comprehensive Plan shall be amended by adding the words and figures in underlined type, to read as follows: Policy 8.8.4 The City shall inform the Palm Beach County Emergency Management Division, and the City's Risk Manager, concerning any changes in allowable residential densities that would significantly increase the population to be evacuated (located within the Hurricane Evacuation Zone). Policy 8.8.5 The City shall adopt and enforce regulations to mA ........* '~'-'~ *he C!ty': Risk ....... u ........ r~m,.. ..... ;~' + ........ ~"~ any ;-c-e3sc in ~ .... ; ............ *;"" require that all new m~id~ntial d~v~lopm~nt~ of mom than $0 unit~, which am Ioo~t~d in th~ Hurri~an~ fiva~uation ~on~, provid~ ~ontinuinq information to m~id~nt~ ~on~rninq hurriean~ ~vaeuation and ~h~lt~m throuqh th~ ~tabli~hm~nt of a hom~own~r~' or m~id~nt~' Policy 8.8.6 The City shall adopt and enforce regulations to require that all new traffic impact statements for residential projects of 100 dwellings units or more which are located in the Hurricane Evacuation Zone; -"""~'~ *'amc ; ....* ~+~* .... * tc *~ ~'~ Beach o .... +;~. = ......... o~. formulate an emerflency hurricane preparedness plan and ~hall provid~ th~ plan to all residents[ thi~ p lan i~ ~ubi~ot to th~ approval of th~ Ci~'s Emergency Management Officer. Section 3. That Objective 1.16 of the Comprehensive Plan shall be amended by adding the words and figures in underlined type, to read as follows: Objective 1.16 The City shall continue to regulate the use, density, and intensity of land use, by requiring t hat a II land development orders be consistent with the Future Land Use Plan and other applicable policies of the Comprehensive Plan. Policy 1.16.1 The City shall continue to adopt and/or revise regulations to continue to enforce zoning regulations, which, unless provisions are made for otherwise in the Problems and Opportunities section of this element, shall correspond to the Future Land Use Plan in accordance with the following descriptions of land use categories. The uses allowed under each I and u se category shall be construed to be the maximum range of uses, but shall not indicate that a particular use is necessarily allowed in a land use category or zoning district. The zoning regulations or other provision of the City's Comprehensive Plan or Code of Ordinances may prohibit or regulate certain specific uses if doing so would be reasonable. Furthermore, other uses which have land use characteristics wh!ch that are very similar to those which-are uses listed under a particular land use category may also be allowed in that land use category. Uses allowed in all land use categories: Vacant or undeveloped land, open space, preservation and conservation areas, bodies of water and water management tracts, and rights-of-way; agricultural and horticultural uses as an interim use; public and private parks and recreation areas, golf courses; government, utilities, and communications facilities, but not storage or maintenance facilities as a principal use, or utility plants, unless specifically allowed. General rules for all land use categories: All attached single-family, condominium, and cooperative dwellings which exist at the time of the adoption of this comprehensive plan shall be construed to be in conformance with the densities shown on the Future Land Use Plan, regardless of the existing density, with respect to the continuance, repair, and reconstruction of same, unless the entire site occupied such dwellings is cleared and redeveloped, in which case, the maximum density shall be that which is shown on the Future Land Use Plan. The aspect of this policy concerning non- conforming densities is to be codified in the City's Zoning regulations. Dwellings, which are built on nonconforming lots with a reasonable lot area and on which construction is permitted in the zoning regulations, shall also be construed to conform to the densities shown on the Future Land Use Plan. Mobile home parks in which the residential density exceeds the maximum density shown on the Future Land Use Plan shall be permitted to continue at the existing density, at the non-conforming density, until the use of the entire mobile home park is terminated. All new mobile home parks shall conform to the density shown on the Future Land Use Plan. Variances and exceptions to the development regulations which have been adopted in accordance with the land use categories below, which are the minimum variance or exception necessary to allow for the reasonable development of property, shall be construed to be consistent with the use and intensity guidelines set forth below. Recommendations for specific areas which are contained in the Land Use Problems and Opportunities section of this Element shall supersede the uses or intensities set forth in the land uses categories below, if these recommendations are more restrictive. Low Density Residentiak This land use category shall generally consist of all residential zoning districts in which the gross density permitted by the zoning regulations does not exceed 4.84 dwelling units per acre. Public, educational, and institutional uses located within these zoning districts may be placed in the Public and Private Governmental/Institutional land use category, however, and parks and recreation facilities may be placed in the Recreational land use category. The use allowed in this land use category shall be limited, but shall not necessarily include, the following: Residential uses with a gross density of not more than 4.84 dwelling units per acre; places of worship, elementary and high schools, and day-care services; police and fire stations; social and civic clubs and organizations; community centers; home occupations; commercial uses if cleady accessory and subordinate to residential uses, and occupying not more than five percent of the area of a planned unit development; also, group homes, rooming and boarding homes, and nursing homes or related health-care facilities which are comparable to this density in character or impact. Density b onuses u p to 9.68 dwellings per acre times the average number of persons per household in the City may be allowed for group homes for the eldedy in the Low and Moderate Density Residential land use categories, on sites which are specifically designated as such on the Future Land Use Plan. Moderate Density Residential: This land use category shall generally consist of all residential zoning districts in which the gross density permitted b y t he zoning regulations is greater than 4.84 dwelling u nits p er acre, b ut does not exceed 7.26 dwelling units per acre. Public, educational, and institutional uses located within these zoning districts may be placed in the Public and Private Governmental/Institutional land use category, however, and parks and recreation facilities may be placed in the Recreational land use category. The use allowed in this land use category shall be limited, but shall not necessarily include, the following: Residential uses with a gross density of not more than 7.26 dwelling units per acre; places of worship, elementary and high schools, and day-care services; police and fire stations; social and civic clubs and orqanizations; community centers; home occupations; commercial uses if clearly accessory and subordinate to residential uses, and occupying not more than five percent of the area of a planned unit development; also, group homes, roominq and boardinq homes, and nursing homes or related health-care facilities which are comparable to this density in character or impact. *~'c '"'""; .........'~""""*" ~"~" ~" 726 Medium Density Residential: This land use category shall generally consist of all residential zoning districts in which the gross density permitted by the zoning regulations is greater than 7.26 dwelling u nits p er acre, b ut does not exceed 9.68 dwelling units per acre. Public, educational, and institutional uses located within these zoning districts may be placed in the Public and Private Governmental/Institutional land use category, however, and parks and recreation facilities may be placed in the Recreational land use category. The use allowed in this land use category shall be limited to, but shall not necessarily include, the following: Residential uses with a gross density of not more than 9.68 dwellinq units per acre; places of worship, elementary and hiqh schools, and day-care services; police and fire stations; social and civic clubs' and orqanizations; community centers; home occupations; commercial uses if cleady accessory and subordinate to residential uses, and occupying not more than five percent of the area of a planned unit development; also, group homes, roominq and boardinq homes, and nursing homes or related health-care facilities which are comparable to this density in character or impact. High Density Residentiah This land use category shall generally consist of all residential zoning districts in which the gross density permitted by the zoning regulations is greater than 9.68 dwelling u nits p er acre, b ut does not exceed 10.8 dwelling units per acre. Public, educational, and institutional uses located within these zoning districts may be placed in the Public and Private Governmental/Institutional land use category, however, and parks and recreation facilities may be placed in the Recreational land use category. The use allowed in this land use category shall be limited to, but shall not necessarily include, the following: Residential uses with a gross density of not more than 10.8 dwellinq units per acre; places of worship, elementary and high schools, and day-care services; police and fire stations; social and civic clubs and orqanizations; community centers; home occupations; commemial uses if cleady accessory and subordinate to residential uses, and occupying not more than five percent of the area of a planned unit development; also, group homes, rooming and boardin.q homes, and nursing homes or related health-care facilities which are comparable to this density in character or impact. Special High Density Residential: This land use category shall consist of redevelopment and infill residential areas assigned to this land use category in the r-,-.....+.., ~A ........ , r'l~,,~n~' ,-~n,-{ rn ,-~, 1-~ ~, ,-~ r,,nl;~rl ,-~ ,~1~,; ~ ~ ~1 ....... = .................. potion of the designated CommuniW Redevelopment Area identified as Planning Area I and Planninq Area V in the "Federal Highway Corridor Community Redevelopment Plan", adopted on May 15, 2001. The uses allowed in this land use category shall be limited to, but shall not necessarily include, the following: Residential uses with a .qross density of not more than 20.0 dwelling units per acre; places of worship, elementary and hiqh schools, and day-care services; police and fire stations; social and civic clubs and organizations; community centers; and home occupations. Office and retail commercial uses may be considered if cleady accessory and subordinate to residential uses, occup¥in.q not more than ten percent of the area of a planned unit development and developed at a maximum 1.0 floor area ratio (FAR). Office Commerciah This land use category shall consist of all C-1 Office and Professional Commercial zoning districts, and any other zoning districts which may be established, including Planned Commercial Development zoning districts, which are similar in character to the C-1 district, provided that ali of the above-mentioned zoning districts are shown on the Future Land Use Map within the Office Commercial land use category. The uses allowed in this land use category shall be limited to, but shall not necessarily include, the following: Business, professional, and administrative offices; and financial institutions; funeral homes; places of worship; self-service storage facilities (limited-access mini-warehouse only); schools and instruction, day-care centers, and educational institutions; museums; hospitals and other health care services, group homes, nursing homes and related health care facilities; social and civic clubs and organizations; civic and community centers; limited retail and business services which are related to the above uses. Local Retail Commerciah This land use category shall consist of all C-2 Neighborhood Commercial and C-3 Community Commercial zoning districts, and any other zoning districts which may be established, including Planned Commercial Development zoning districts, which are similar in character to the C-2 or C-3 districts, provided that all of the above- mentioned zoning districts are shown on the Future Land Use Map within the Local Retail Commercial land use category. The uses allowed in this land use category shall be limited to, but shall not necessarily include, the following: All uses allowed in the Office Commercial land use category, plus retail uses, personal services, and repair of consumer goods; wholesale of non-hazardous commodities; business services which are compatible with retail uses; entertainment, recreation facilities, amusements, attractions, and exposition halls; lodging facilities; marinas and boat storage; passenger transportation facilities; temporary amusements, revival tents, a nd t he I ike; a Iso, high-density residential (maximum 10.8 dwellings units per acre), including mixed use developments. Mixed Use: This land use category shall consist of all ""~'-*-"' ~"'°; .... m.'o,.~,., Mixed Use-Low Intensity zoning districts and/or any zoning district(s) which may be established subsequent to the adoption of the Plan provided that all of the above-mentioned zoning districts are shown on the Future Land Use Map within the Mixed Use land use category. The uses allowed in this land use category shall be limited to, but shall not necessarily include the following: All uses located in the Local Retail Commercial land use category, plus all uses located in the High Density Residential Land Use Category. ~ hewever~, _Rr-esidential and hotel/metel densities up to 40 dwelling units per acre are permitted. All land development located in the Mixed Use: Low Intensity category shall be required to submit a plan that includes a single unified design for the project, and shall conform to any adopted design plan(s) for the area covered by the category. Mixed Use-Core: This land use category shall consist of all Mixed Use Hiqh Intensity zoning districts and/or any zoning district(s) which may be established subsequent t o t he adoption o f the Plan provided that all of the above- mentioned zoninq districts are shown on the Future Land Use Map within the Mixed Use- Core land use cateqory. The uses allowed in this land use cateqory shall be limited to, but shall not necessarily include the following: All uses located in the Local Retail Commercial land use cateqory, plus all uses located in the High Density Residential Land Use Cateqory; however, residential a nd hotel densities up to 80 dwellinq units per acre are permitted. For the Mixed Use-Core area eat of Federal Highway within the Hurricane Evacuation Zone, while the residential density within a development may be up to 80 dwelling units per acre, the overall density for the Mixed Use- Core area east of Federal Highway shall not exceed 40 dwelling units per acre. All land development located in the Mixed Use- Core cateqory shall be required to submit a plan that includes a sinqle unified design for the proiect, and shall conform to any adopted desi.qn plan(s) for the area covered by the cate_~orv. General Commercial: This land use category shall consist of all C-4 General Commercial zoning districts, and any other zoning districts which may be established, including Planned Commercial Development districts, which are similar in character to the C-4 district, provided that all of the abovementioned zoning districts are shown on the Future Land Use Map within the General Commercial land use category. The uses allowed in this land use category shall be limited to, but shall not necessarily include, the following: All uses allowed in the Local Retail Commercial land use category, plus wholesale of non-hazardous commodities, business services, vehicle and boat storage; household storage; shops for fabrication, rebuilding, and repair on a custom basis. Industrial: This land use category shall consist of all M-1 and Planned Industrial Development zoning districts, and any other industrial zoning districts which may be established, provided that all of the abovementioned zoning districts are shown on the Future Land Use Map within the Industrial land use category. The uses allowed in this land use category shall be limited to, but shall not necessarily include, the following: Industrial uses, research and development, wholesale and distribution, business and repair services, warehousing and storage; transportation, communication, and utility facilities, retail sale of home improvement goods, tools, machinery, and the like; Adult Entertainment Establishments; trade and industrial schools; major recreation facilities such as racetracks, arenas, amusement parks, exposition halls, and the like; offices and restaurants which are accessory to the above uses; temporary amusements, revival tents, and the like; uses allowed in the Office Commercial, Local Retail Commercial, and Public and Private Governmental/Institutional land use categories, if approved as such in a planned industrial development; provided, however, that all of the abovementioned zoning districts are shown on the Future Land Use Map within the Industrial land use category. Agriculture: This land use category shall consist of all Agricultural zoning districts, provided that all of the land within this zoning district is shown on the Future Land Use Plan in the Agriculture land use category. The uses allowed in this land use category shall be limited to, but shall not necessarily include, the following: Agricultural and horticultural uses as either an interim o r long-term u se; processing and sale of produce grown on the premises; kennels; horse breeding, stables, and training; churches, cemeteries, and schools; single- family detached dwellings with a net density of not less than one dwellin~j per five acres. Recreationah This land use category shall include all Recreational zoning districts, but shall not be limited to this zoning district. It shall be the policy of the City that all land acquired for public parks, excluding those which are located in planned zoning districts or the Central Business District, shall be placed in the Recreational land use and zoning category within five years of acquisition. All of the abovementioned properties and zoning districts shall be construed to be in the Recreational land use category, however, only if shown as such'on the Future Land Use Plan. The uses allowed in this land use category shall be limited to, but shall not necessarily include, the following: Public parks and recreational facilities; golf courses; private parks and recreation facilities; social and civic clubs a nd organizations; civic and community centers; waters of Lake Worth and the Intracoastal Waterway, excluding finger canals, and other bodies of water. Public and Private Govemmental/Institutionah This land use category shall include all PU Public Usage zoning districts, and shall include all sites of three acres or more which are occupied by city hall, public works complexes, hospitals, libraries, utility plants, cemeteries, and civic or community centers, places of worship, and private schools. Public schools that were in existence prior to 1988 shall also be included in this land use category. The land use category for public schools built after 1988 shall be a reasonable category that is agreed upon by the City and the Palm Beach County School Board administration. All of the abovementioned properties and zoning districts shall be construed to be in the Public and Private Governmental/Institutional land use category, however, only if shown as such on the Future Land Use Plan. The uses allowed in this land use category shall be limited to, but shall not necessarily include, the following: Government office buildings, libraries, police and fire stations; utility plants, stations, and substations; government storage and maintenance facilities; other government- owned or-operated uses; public schools, places of worship, private schools, day-care services; institutions and quasi-public uses; hospitals, nursing homes, and other health- care services or agencies; social and civic clubs or organizations; cemeteries; civic and community centers, and public parks and recreation facilities. Conservation Over/ay: The uses allowed in this land use category shall be the same as for the underlying land use category, however, in accordance with the policies contained in the Conservation Element, a minimum of 25% of native habitat occurring on any development site shall be preserved; furthermore, mangroves which occur on these sites shall be preserved consistent with federal, state, and Palm Beach County regulations, and policies contained in the Regional Comprehensive Policy Plan. The City may allow reasonable intensification of the remainder of sites in this category above the intensities which are generally permitted, and may allow the transfer of development rights from these sites, for the purpose of preserving more than 25% of the native habitat on site. Conservation: The City shall apply a CON Conservation land use cateqory to any natural areas acquired within the City for the purpose of conserving or protectinq natural resources or environmental quality. These areas may be used for wildlife manaqement, passive recreation and environmental restoration/protection. These natural areas may include site improvements to support uses that are deemed appropriate and consistent with the function of the desiqnated area. The City shall coordinate with Palm Beach County to desiqnate environmentally sensitive lands that are publicly acquired within the incorporated area as Conservation. Boynton Beach 20/20 Primary Target Areas Overlays: The target areas delineated in the Boynton Beach 20/20 Redevelopment Master Plan as "Primary Target Areas" shall be studied. -Studies and/or redevelopment studies may address public improvements, infrastructure, building placement, architectural character, streetscape, signage, landmark opportunities and unifying design concepts. Implementation mechanisms may include, but are not Iimited t o, adoption o f o vedays i n t he land development regulations, amendments to land development regulations, and/or through rezoning to new or existing districts. Overall Design Plans prepared for each area shall be reviewed by the Community Redevelopment Agency and/or approved by the City Commission. The Primary Commercial Target Areas shall include but not be limited to: · Martin Luther King Boulevard from Seacrest Boulevard to U. S. 1; · U.$.1 from north to south city limits, · Boynton Beach Boulevard from U.S.1 to 1-95; · Ocean Avenue from the Marina to Seacrest Boulevard; and, · Golf Road between U.S. 1 and Seacrest Boulevard. Policy 1.16.2 The City shall continue to enforce the land development regulations to provide that the maximum floodarea ratio in non-residential land use categories shall be limited by the maximum lot coverage, the maximum height, and the parking, landscaping, and stormwater retention requirements contained in the City's Code of Ordinances. However, in no case shall the lot coverage exceed 50% in commercial, recreational, and public usage zoning districts, other than the Central Business District zoning district, which shall not exceed 85% and 60% in zoning districts which are included in the Industrial land use category. Policy 1.16.3 The City shall continue to enforce the land development regulations to enforce and implement the policies that regulate the use and intensity, and other characteristics for the development o f specific areas, a s s et forth in the Land Use Problems and Opportunities section of the support documents for this element. Those recommendations contained in the Land Use Problems and Opportunities section s~'a'' "-'~'~ ....... ,~' .... ~ *~,~ ~-*'~*,,o ,-~ hereby incorporated by reference into the Goals, Objectives, and Policies of this Plan. By 2004, the Problems and Opportunities section shall be revised and updated to reflect current conditions in each of the plannin.q areas. Until the revisions are adopted, the recommendations shall be considered as advisory. Section 4. All laws and ordinances applying to the City of Boynton Beach in conflict with any provisions of this ordinance are hereby repealed. Section 5. 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 6. This Ordinance shall become effective immediately. FIRST READING this ..~-"4day of June, 2003. SECOND, FINAL READING AND PASSAGE this __ day of June, 2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Mayor Pro Tern Commissioner Commissioner ATTEST: City Clerk DNT:dnt H:\1990\900182.BB\ORD\CPTA 02-002 (5-27-03).doc XlI. - LEGAL TI'EM A. 16 CITY OF BOYNTON BEAC AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] April 1, 2003 March 17, 2003 (Noon.) [] June 3, 2003 May 19, 2003 (Noon) [] April 15, 2003 March 31, 2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) [] May 6, 2003 April 14, 2003 (Noon) [] July 1,2003 June 16, 2003 (Noon) [] May 20, 2003 May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the June 17, 2003 City Commission Agenda under Legal, Ordinance - Second Reading. The City Commission with a unanimous vote, approved the subject Ordinance on First Reading at the June 3, 2003 meeting. For fimher details pertaining to the request, see attached Department of Development Memorandum No. PZ 03-090. EXPLANATION: PROJECT: Building Height Measurement (CDRV 03-003) AGENT: City Initiated LOCATION: City-wide DESCRIPTION: Request to amend the Land Development Regulations, Chapter 1, Article II. Definitions, "Building Height", to require the base measurement be from an adjacent property or the minimum flood elevation, to change the peak point of measurement for parapet roofs, and to add a reference to the height exception process. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A -/It', ~d.bqA~..-~ ' City'~VIanager'sSign~ture Develol:~/nent Department Director ~---~ - '?lanning aj~.~onin~'Dh'e~t~ City Attorney / Finance / Human Resources S:~IanningXSHARED\WPX$~ECPROJ~CODE REVIEWXBuilding Height Measurement 03XAgenda Item Request Building Hgts Measurement CDRV 03- 003 2nd reading 6-17-03.dot S :~3ULLET1N~ORMSkAGENDA ITEM REQUEST FORM.DOC ORDINANCE NO. 03- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING LAND DEVELOPMENT REGULATIONS, CHAPTER 1, GENERAL PROVISIONS, ARTICLE II, DEFINITIONS, AMENDING THE DEFINITION OF BUILDING HEIGHT; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, building height is currently calculated, pursuant to the LandI I Regulations, by measuring from the finished grade of the property where the is to be built or is presently located; and WI-IEREAS, it has been determined that because of varying grades of adjacent and the practice of adding fill to a tract of land to raise the finished grade of the ~erty, it is necessary to provide for a new definition of building height with the focal point being the crown of the road, rather than the finished grade of the subject and WI-IEREAS, without this definition change to the term, "Building Height," it is sible that the structures on a single residential street could have the look of a city skyline, than a residential neighborhood, resulting in flooding concerns for properties adjacent those properties where the finished grade is higher or has been raised; and WI-IEREAS, at its meeting May 13, 2003, the Community Redevelopment Agency of City of Boynton Beach, Flor/da, recommended that the City Commission amend the of "Building Height" in the City's Land Development Regulations for purposes of :ation and uniformity on measurement; and WHEREAS, at its meeting of May 27, 2003, the City of Boynton Beach Planning ~and Development Board recommended that the City Commission amend the Definition of "Building Height" in the City's Land Development Regulations for purposes of clarification !.and uniformity on measurement; and WHEREAS, City staff agrees with the recommended change to the definition of "Building Height" to promote uniformity and consistency in measurement; WHEREAS, the City Commission of the City of Boynton Beach concurs with the Planning and Development Board and finds that this definitional change is necessary to }rotect the health, safety, and general welfare of the citizens of the City of Boynton Beach; NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF rilE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing whereas clauses are true and correct and are now ratified and confirmed by the City Commission. Section 2. That Chapter 1, General Provisions, Article II, Definitions, 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: UILDING/STRUCTURE HEIGHT - The vertical distance in feet from fiv. i.qbed easured fi-om the lowest point at the property line of an adiacent property or fi-om the inimum baSe flood elevation aS established by FEMA, wl{ichever is highest, to the highest point of the roof for flat roofs, to the deck line for mansard roofs and parapet roofs with parapets less than ve feet in he ............................ .....~......~..... .... ~,.~ gable, k.i;p,_.~-a gambrel .v..,..,-~'c- ........~'~ c......... .... e,------,.'~ Gable and hip roof heights shall be meaSured to the midpoint between the eaves and the ridge. Root~op penthouses, stairwells nechamcal and electrical equipment shall be concealed by or constructed of exterior architectural materials or features of the same type or quality used on the exterior walls of the main building and may only exceed the maximum building height pursuant to the provisions 4.F. of the Land Development Regulations, City of Boynton Beach, qorida. Walls or retaining walls shall also be meaSured fi-om the lowest adjacent property tine to the of the structure excluding column caps, colunm capitals and other similar items. Section 3. Each and every other provision of the Land Development Regulations herein specifically amended, shall remain in full force and effect as originally adopted. Section 4. All laws and ordinances applying to the City of Boynton Beach in itt with any provisions of this ordinance are hereby repealed. Section 5. Should any section or provision of this Ordinance or any portion declared by a court of competent jurisdiction to be invalid, such decision shall not :he remainder of this Ordinance. Section 6. Authority is hereby given to codify this Ordinance. Section 7. This Ordinance shall become effective immediately. FIRST READING this ~ day of ,2003. SECOND, FINAL READING AND PASSAGE this ~ day of .., !003. CITY OF BOYNTON BEACH, FLORIDA Mawr Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk H:\1990k900182.BB\ORDkBuilding Height LDR-Final.doc DEVELOPMENT DEPARTMENT MEMORANDUM NO. PZ 03-090 TO: Chairman and Members Planning and Development Board FROM: Michael W. Rumpf .¢~(? Director of Planning and Zoning DATE: April ;I 6; 2003 SUBJECT: Building Height Measurement (CDRV 03-003) Request to amend the Land Development Regulations, Chapter 1, Article 11. Definitions, "Building Height", to require the base measurement be from an adjacent property or the minimum flood elevation, to add parapet roofs to definition, and to add a reference to the height exception process. NATURE OF REQUEST Staff is recommending an amendment to the city's Land Development Regulations, Chapter 1, Article II. Definitions, to change the definition for Building Height. The proposed amendment would 1) be revised to apply to "structures" as well as "buildings"; 2) change the methodology for measuring building heights requiring that the base measurement be from the highest of either an abutting point on an adjacent property or the minimum flood elevation (F.E.M.A.); 3) add parapet roofs to the definition; 4) require that rooftop elements including screening be designed compatible with the principal structure; and 5) reference the height exception process as required when the maximum height is exceeded by certain design or other ancillary elements. BACKGROUND The current definition for Building Height, as indicated under ANALYSIS below, requires (or allows) the base measurement to be from the finished grade of the subject property, which is defined by another definition within this same section. This definition for finished grade reads as follows: Grade, Finished - The average level of the finished surface of the ground adjacent to the exterior walls of the $:r' As indicated above, current definitions result in maximum building height being based on a variable rather than a constant value. Although in most instances, to minimize cost, minimum fill is used for a given project to raise the elevation to the minimum required by F.E.M.A. (see photograph in Exhibit "A"), additional fill may be used to increase finished grade when views and possibly project values are enhanced (See photograph in Exhibit "B" and diagram in Exhibit "C"). This definition or methodology has been superceded by the outcome of a previous lawsuit between the city and a property owner, but only as it pertains to the measurement of a structure such as a buffer or retaining wall placed along the property line. In this case, a significant discrepancy was created between the elevations of adjacent properties that were separated by a retaining wall. When measured from the inside of the wall, on the subject property, the wall was compliant with the maximum height limit of 6 feet. However, if measured from the outside of the wall, the wall greatly exceeded the maximum height. This court precedence has led to the requirement that the height of buffer or retaining walls be measured from the outside of the structure. Further, this requirement has not been codified, and generally may only apply to structures such as walls placed along a property line. City regulations include a maximum building height depending on the zoning district; however, the Page 2 Building Height Measurement maximum height of a structure could vary significantly as seen from an adjacent property. Cit"/ regulations currently do not include a maximum finished grade elevation thereby allowing unlimited fill to be used to raise a building to maximizing height and views of nearby amenities such as the ocean. To avoid the possible discrepancies between finished elevations and building heights on adjacent properties, staff is recommending this change which indirectly establishes a maximum finished grade (see diagram in Exhibit "D"). ANALYSIS The proposed code amendment is indicated below, with underlined and crossed-out text to reflect the proposed changes. BUILDING/STRUCTURE HEIGHT - The vertical distance in feet frcm finished grade measured from the lowest point at the property line of an adiacent property or from the minimum base flood elevation as established by FEMA, whichever is hi.qhest, to the highest point of the roof for fiat roofs, to the deck line for mansard roofs and parapet roofs with parapets less than five feet in heiqht; and tc the averagc and hip roof heiqhts shall be measured to the midpoint between the eaves and the ridqe. Rooftop penthouses, stairwells mechanical and electrical equipment shall be concealed by or constructed of exterior architectural materials or features of the same type or quality used on the exterior walls of the main buildinq and may only exceed the maximum buildinq height pursuant to the provisions of Chapter 2, Section 4.F. of the Land Development Requlations, City of Boynton Beach, Florida. Walls or retaininq walls shall also be measured from the lowest adjacent property line to the top of the structure excludinq column caps, column capitals and other similar architectural items. A description of the above-described changes are itemized below. 1 ) The addition of "STRUCTURE" to the definition title. This change will avoid any uncertainty as to its application to other improvements such as buffer or retaining walls, and specifically codify the requirement resulting from the previous court case requiring that heights be measured from the outside of the wall. 2) Base measurement changed from finished grade to adjacent property or FEMA. As described herein, this is the principal change proposed which will set a maximum structure height as measured from an adjacent property or from the minimum flood elevation (which varies geographically). Therefore, despite the amount of fill added, and the ultimate finished grade of a parcel, maximum structure height will more closely correspond and be consistent with, adjacent properties. 3) The addition of "parapet roof". A parapet roof represents a separate roof style that should be included in this definition. Particularly since parapets are often required of a project to satisfy the city's roof-top equipment, screening requirement, it is recommended that parapets five (5) feet or less be excluded from the height measurement. 4) Requiring design compatibility and describing general eligibility for height exception. This addition is a necessary aspect to the definition of building height and the corresponding methodology. This documentation places the needed emphasis on exempt items, and steers the reader to the proper place to find additional information on the required process. 5) The addition of, and applicability to buffer and retaining walls. As indicated herein, this addition expands the definition to also apply to other improvements such as buffer or retaining walls, consistent with the direction received from the City Attorney. Page 3 Building Height Measurement The other changes indicated in the proposed text are only related to sentence restructuring, not content. With respect to process, since the proposed code change is not applicable to a specific area of the city or zoning district, it must be reviewed by both the Planning & Development Board and the Community Redeveiopment Agency Board, prior to review and adoption by the City Commission CONCLUSIONS/RECOMMENDATION Staff recommends that the subject changes to the definition of "Building Height" be approved, in part, to minimize incompatibilities in project heights caused by significant deviations in final project grade. Due to the current rate of infill and anticipated redevelopment throughout the eastern portion of the city, staff recommends that this amendment be processed immediately rather than delaying it to be included with the rewrite of the Land Development Regulations; the rewrite project will not be completed until the next fiscal year. Any changes recommended by the Boards will be presented to the City Commission and, if approved, incorporated into the final ordinance. MR Attachments S:\Planning\SHARED\WP~SPECPROJ~CODE REVIEVV~Building Height Measuremen! 03~taffreport-height.rtf EXHIBIT "A" 2505 N Lake Drive adjacent to 2510 N Lake Drive Boynton Beach, Florida EXHIBIT "B" 2625 N Lake Drive adjacent to 2623 N. Lake Drive Boynton Beach, Florida EXHIBIT "C" \ , EXHIBIT "D"