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Agenda 05-18-04The City of Boynton Beach 100 E. Boynton Beach Boulevard · (561) 742-6000 City Commission AGENDA MAY 18, 2004 Jerry Taylor Mayor At Large Bob Ensler District, Mack McCray Commissioner District II Vice Mayor District III Carl McKoy Commissioner District IV Ku~ Bressner City Manager www.boynton-beach.org We're Reinventing City Living for the Millennium CITY OF BO YNTON BEA CH REGULAR CITY COMMISSION MEETING AGENDA May 18, 2004 6:30 P.M. I. OPENINGS: A. Call to Order - Mayor .lerry Taylor B. Invocation - Reverend Rick Riccardi, Police Chaplain C. Pledge of Allegiance to the Flag led by Vice Mayor Ferguson D. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption II. OTHER: A. Informational Items by Members of the City Commission III, ANNOUNCEI~IENTS, COI41~IUNZTY Itt SPECIAL EVENTS, & PRESENTATIONS: A. Announcements: B. Community and Special Events: 1. Concert on the Green featuring Eric Burdon & The Animals Saturday - May 22, 2004 - The Links at Boynton Beach Gates open 6:30 p.m., show at 8:00 p.m. C. Presentations: 1. Proclamations: a. The Boynton Veterans Council Memorial Day Celebration - May 30, 2004 b. National ~nnitus Awareness Week - May 15-22, 2004 IV. PUBLIC AUDIENCE: INDIVIDUAL SPEAKERS WILL BE LZI~IITED TO 3-MINUTE PRESENTATIONS (at the discretion of the Chair, this 3-minute allowance may nc.=d to be adjusted depending on the level of business coming before the City Commission) Agenda Regular City Commission Meeting Boynton Beach, Florida May 18, 2004 V. ADM]:NLSTRATZVE: A. Accept resignation from 3ose Rodriguez, Regular Member of the Community Relations Board B. Appointments to be made: Appointment Length of Term To Be Made Board Expiration Date II McCray Advisory Bd on Children & Youth Reg 2 yr term to 4/06 Tabled (3) IV McKoy Advisory Bd on Children & Youth Alt I yr term to 4/05 Tabled (3) Mayor Taylor Advisory Bd on Children & Youth Alt I yr term to 4/05 Tabled (3) II McCray Bldg. BcI of Adj & Appeals Reg 3 yr term to 4/07 III Ferguson Bldg. Bd of Adj & Appeals Reg 3 yr term to 4/07 IV McKoy Bldg. Bd of Adj & Appeals Reg 3 yr term to 4/07 Mayor Taylor Bldg. Bd of Adj & Appeals Alt i yr term to 4/05 I Ensler Bldg. Bd of Adj & Appeals Alt 1 yr term to 4/05 I Ensler Cemetery Board Alt I yr term to 4/05 Tabled (3) IV McKoy Code Compliance Board Alt 1 yr term to 4/05 Mayor Taylor Code Compliance Board Alt 1 yr term to 4/05 IV McKoy Community Relations Board Reg 3 yr term to 4/05 Mayor Taylor Community Relations Board Reg 3 yr term to 4/05 Mayor Taylor Education Advisory Board Stu i yr term to 4/05 Tabled (2) IV McKoy Education Advisory Board Alt 1 yr term to 4/05 Tabled (3) Mayor Taylor Education Advisory Board Reg 2 yr term to 4/06 Tabled (3) ! Ensler Education Advisory Board Reg 2 yr term to 4/06 Tabled (3) II McCray Education Advisory Board Reg 2 yr term to 4/06 Tabled (3) I]~I Ferguson Education Advisory Board Alt 1 yr term to 4/05 Tabled (3) ~B/ McKoy Education Advisory Board Stu i yr term to 4/05 Tabled (3) IV McKoy Library Board Alt 1 yr term to 4/05 Tabled (3) II McCray Senior Advisory Board Alt 1 yr term to 4/05 Tabled (3) VZ. CONSENT AGENDA: Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. Minutes: Agenda Preview Conference of April 16, 2004 2 Agenda Regular City Commission MeeUng Boynton Beach, Florida May :18, 2004 2. Regular City Commission Meeting of April 20, 2004 3. Agenda Preview Conference of April 30, 2004 B. Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2003-2004 Adopted Budget 1. "Piggy-back" the MART]N COUNTY, FLORIDA, CONTRACT FOR "ANNUAL AGREEMENT FOR ROOFING SERVICES," BID #A/R 03-283 awarded to PREVENT]:VE MAINTENANCE SUPPORT SERVICES for ROOF REPAIRS ON FIRE STAT[ON #1, C:[TY HALL, AND FIRE STAT]ON #3 at a cost of $98,428.35 2. Award Bid #032-2821-04/C_.3D, "REDEVELOPMENT/REPLACEMENT WATER SUPPLY FOR THE EAST WELLF~ELD, WELLS 10E THROUGH 14E," to Southeast Drilling Inc., and to execute a contract in the amount of $1,226,210. Also, approve an owner's contingency of 10% in the amount of $122,621 for a total project budget appropriation of $1,348,831 (Proposed Resolution No. R04-075) 3. Award Bid #033-2821-04/3A, "WEST WELLF[ELD DEVELOPMENT," to Florida Design Contractors, ]:nc. (FDC) and to execute a contract in the amount of $847,960. Also, approve an owner's contingency of 10% in the amount of $84,796 for a total project budget appropriation of $932,756 (Proposed ResoluUon No. R04-076) C. Resolutions: 1. Proposed Resolution No. RO4-O77 Re: Repealing Resolution No. R03-165, a Resolution of Necessity for the taking of property on or near North Railroad Avenue 2. Proposed Resolution No. RO4-O78 Re: Approving five individual task orders for the East Water Treatment Plant Expansion (EPX), Stage 1, Phase ! Project totaling $1,324,702. Also, approve an owner's contingency of 5% in the amount of $66,235.:[0 for a total budget appropriation of $1,390,937.10. The owner's contingency of 5% will be applied to individual task orders on an "as needed basis." 3. Proposed Resolution No. RO4-O79 Re: Authorizing Intedocal Agreement with the Town of Briny Breezes for the provision of Fire Suppression, Emergency Medical and Fire Life Safety services 4. Proposed Resolution No. RO4-O80 Re: Approving Agreement for Water Service Outside the City Limits with Howard .1. Vanderlaan, David L. Vanderlaan and Vanderlaan Partnership 2 as Customer, and The Holiday Organization, Inc. as Contract Vendee, for the 9.63-acre parcel 3 Agenda Regular City Commission Meeting Boynton Beach, Florida May 18, 2004 located on the east side of Military Trail approximately 1,550 feet south of Hypoluxo Road 5. Proposed Resolution No. R04-081 Re: Approving Task Order #U04-5-07 with Utilities General Engineering Consultants CH2M HILL, ]:nc. in an amount not to exceed $26,460 for engineering services for the updating and audit of the Utilities Department Risk Management Plans (RMP) related to our chlorine storage and processes in compliance with the requirements of the United States Environmental Protection Agency (EPA) 6. Proposed Resolution No. R04-082 Re: Assessing the costs of abatement of certain nuisances against the owners of properties involved 7. Proposed Resolution No, R04-083 Re: Authorizing Amendment to the FRDAP project agreement extending the land acquisition completion date for the Wilson Center and Park expansion to November 30, 2004 8. Proposed ResoluUon No. R04-084 Re: Providing notice of withdrawal of membership from the Beaches and Shores Council 9. Proposed ResoluUon No. R04-085 Re: Approving an interlocal agreement establishing and providing membership in the Coastal Council 10. Proposed ResoluUon No. R04-086 Re: Authorizing the City Manager to execute 2 purchase contracts for 2 Marina slips 11. Proposed ResoluUon No. R04-087 Re: Approving Task Order #1 to the firm of Brown and Caldwell to provide Tnterim Utilities Director services for a period of at least 20 weeks at an estimated cost of $128,0o0 D. Ratification of Planning & Development Board Action: None E. Ratification of CRA Action: 1. Coastal Bay Colony (HPHD 04-002), West side of South Federal Highway, approximately 200 feet south of SE 23"~ Avenue - Request for Master Plan Modification approval to reduce the side setbacks approved at 10 feet to 5 feet for lots 3 ad 59 of the 6~ lot subdivision 2. Bayfront (NWSP 04-002), West side of South Federal Highway, approximately one-quarter mile south of Old Dixie Highway - Request for Agenda Regular City Commission Meeting Boynton Beach, Florida May 18, 2004 new site plan approval for 48 fee-simple townhomes and related site improvements on a 2.46-acre parcel in a proposed Znfill Planned Unit Development (IPUD) 3. Oceanside (NWSP 04-004), West side of South Federal Highway, approximately 1,000 feet south of Old Dixie Highway - Request for new site plan approval for 45 fee-simple townhomes and related site improvements on a 2.26-acre parcel in a proposed Infill Planned Unit Development ([PUD) F. Approve the "CARRL4GE POINT TOWNHOMES, A P.U.D." Record Plat, subject to the approval by H. David Kelley, 3r., PE/PSM (City Engineer and Surveyor & Mapper) G. Approve the "LARGO POINTE" Record Plat, conditioned on the approval being the certification of the plat document by H. David Kelley, Jr., PE/PSM (City Engineer and Surveyor & Mapper) H. Approve the plat of ORCHARD ESTATES, subject to installation of a fire hydrant to satisfy the safety requirements (several lots are not within the minimum distance to a fire hydrant) prior to issuance of the first building permit I. Accept the written report to Commission of purchases over $10,000 for the month of April 2004 for informational purposes .1. Approve the "SURPLUS VEHICLE/EQUIPMENT LIST" as submitted by the Warehouse Manager and allow for the sale of same K. Confirmation of purchase of 9.3-acre parcel of property at southeast comer of High Ridge Road and Gateway Boulevard for Fire Station and Police Facility VII. CODE COMPU~4NCE & LEGAL SETTLEMENTS: None VI'I'Z. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMTrS A. Project: Bayfront (ANNEX 04-001) Agent: Cados Ballbe, Keith & Ballbe, Inc. Owner: Hector Garcia, Southern Homes of Palm Beach ~, LLC Location: West side of South Federal Highway, approximately one-quarter mile south of Old Dixie Highway Description: Request to annex 2.46 acres of property in connection with the request to build 48 fee-simple townhomes and related site improvements (1't Reading of Proposed Ordinance No. 04- 034) 5 Agenda Regular City Commission Meeting Boynton Beach, Florida May 18, 2004 B. Project: Bayfront (LUAR 04-001) Agent: Carlos Ballbe, Keith & Ballbe, ][nc. Owner: Hector Garcia, Southern Homes of Palm Beach IV, LLC Location: West side of South Federal Highway, approximately one-quarter mile south of Old Dixie Highway Description: Request to amend the Comprehensive Plan Future Land Use map from Commercial High ];ntensity (Palm Beach County) to Special High Density Residential (1~t Reading of Proposed Ordinance No. 04-035) C. Project: Bayfront (LUAR 04-001) Agent: Carlos Ballbe, Keith & Ballbe, Inc. Owner: Hector Garcia, Southern Homes of Palm Beach IV, LLC Location: West side of South Federal Highway, approximately one-quarter mile south of Old Dixie Highway Description: Request to rezone property from General Commercial and Residential Multi-family (Palm Beach County) to Infill Planned Unit Development (][PUD) (1st Reading of Proposed Ordinance No, 04- 036) D. Project: Oceanside (LUAR 04-003) Agent: Carlos Ballbe, Keith & Ballbe, Inc. Owner: Hector Garcia, Southern Homes of Palm Beach V, LLC Location: West side of South Federal Highway, approximately 1,000 feet south of Old Dixie Highway Description: Request to amend the Comprehensive Plan Future Land Use map from Local Retail Commercial to Special High Density Residential (1~ Reading of Proposed Ordinance No. 04-037) E. Project: Oceanside (LUAR 04-003) Agent: Carlos Ballbe, Keith & Ballbe, Inc. Owner: Hector Garcia, Southern Homes of Palm Beach V, LLC Location: West side of South Federal Highway, approximately 1,000 feet south of Old Dixie Highway Description: Request to rezone from C-2 Community Commercial to Infill Planned Unit Development (1PUD) (1't Reading of Proposed Ordinance No, 04-038) F. Project: Waterside (ANNEX 04-002) (APPLTCANT RE4~LIES7'~ POSTPOIVEI~EIV7'- STAFF RE¢OH,'q,IEIVD$ POSTPONE, q'IENT TO 06/.~$/04) Agent: Carlos Ballbe, Keith & Ballbe, Inc. Owner: Hector Garcia, Southem Homes of Palm Beach LLC Location East side of South Federal Highway, between Palmer Road and Chukker Road 6 Agenda Regular City Commission Meeting Boynton Beach, Florida May 18, 2004 Description: Request to annex 7.30 acres of property in connection with the request to build 115 fee-simple townhomes and related site improvements G. Project: Waterside (LUAR 04-002) (APPliCANT RE(~UEST'~ PO~I'PONEllf£NT- .,~'I'AFF RE¢OMI~END$ PO.,,~rPONEI~fENT TO Agent: Carlos Balibe, Keith & Ballbe, ]:nc. Owner: Hector Garcia, Southern Homes of Palm Beach LLC Location East side of South Federal Highway, between Palmer Road and Chukker Road Description: Request to amend the Comprehensive Plan Future Land Use map from Commercial High ]:ntensity and Medium Density Residential (Palm Beach County) to Special High Density Residential H. Project: Waterside (LUAR 04-002) (*APPI.~,4NT REQI. IES7'~ POSTPONEI~'IEIVT- STAFF RECOHHEIVDS POSTPOIVEHEIVT TO 06/;15/04t) Agent: Carlos Ballbe, Keith & Ballbe, Inc. Owner: Hector Garcia, Southern Homes of Palm Beach LLC Location East side of South Federal Highway, between Palmer Road and Chukker Road Description: Request to rezone from Multi-family Residential and Commercial General (Palm Beach County) to Planned Use Development (PUD) TX. CI'i'Y MANAGER'S REPORT: None X. FUTURE AGENDA 1'rEMS: A. Status Report on Old High School (3une 1, 2004) B. Discussion of additional Property Tax Assessment Exemption for Income Eligible Senior Citizens per FSS 196.075 (3une 1, 2004) C. Consider request to purchase the vacant property adjacent to 730 SW 3rd Avenue by ]uan and Anna Valverde (3une 1, 2004) D. Proposed Ordinance No. O4-013 Re: Development of Regional Impact Amendment (DR:IA) approval amending the approved uses within the project, establishing a use conversion matrix and changing the name of the DRI project from Motorola to Renaissance Commons ('2~ READ_rNG TABLED ON 04/07/04 - AWA.ET'ZN{; APPROVAL FROI~f D.C.A. ON COI~fPAN.rON ORDZNAIVCE.) (.lune 2004) 7 Agenda Regular City Commission Meeting Boynton Beach, Florida May 18, 2004 E. Workshop regarding City Hall/Public Safety Space Needs Report ('I-BA) F. Proposed Lease Agreement with Boynton Woman's Club (TBA) XI. NEW BUSINESS: None XII. LEGAL: A. Ordinances - 2nd Reading - PUBLIC HEARING 1. Proposed Ordinance No. 04-030 Re: Revisions to Chapter 10 "Garbage, Trash and Offensive Conditions" of the Code of Ordinances, Part II ('2'd READ~TN~; TAB£ED ON $141O4) 2. Proposed Ordinance No. 04-032 Re: Proposed amendments to Chapter 2, Zoning, Section 6.F. Mixed Use Zoning Districts 3. Proposed Ordinance No. 04-033 Re: Amending Chapter 2, Administration, Article VIII, Education Advisory Board, Section 2-130, "Meetings" and amending Section 2-131 "Qualifications" B. Ordinances - Ist Reading 1. Proposed Ordinance No. 04-039 Re: Amending the Land Development Regulations (LDR), Chapter 22 - Streets and Sidewalks C. Resolutions: None D. Other: None XIII. UNFINISHED BUSINESS: None 8 Agenda Regular City Commission Meeting Boynton Beach, Florida May 18, 2004 X~V. AD3OURNMENT: NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEE'I~NG~ HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE~ HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105) THE C1TY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDMDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARllCIPATE IN AND EN]OY THE BENEFITS OF A SERVICE~ PROGRAM~ OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT 3OYCE COS-I'ELLO, (56~.) 742-6013 AT ~ TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST. bg FINAL AGENDA 5/12/2004 3:28 PM S:\CC\WP~CCAGENDA~AGENDAS\YEAR 2004\051804 F~NAL AGENDA. DOC 9 WELCOME Thank you for attending the City Commission Meeting GENERAL RULES & PROCEDURES FOR PUBL:[C PARTTC]:PAT~ON AT CITY OF BOYNTON BEACH COMM]:SS]:ON MEET/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. · Consent Agenda :Items: These are items which the Commission does not need to discuss individually and which are voted on as a group. · Regular Agenda Ttems: 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. SPEAK:lNG AT COMM[SS~[ON MEETINGS: 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. · Public Hearings: Any citizen may speak on an official agenda item under the section entitled "Public Hearings." · Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of the Commission. · Regular Agenda Ttems: Any citizen may speak on any official agenda item(s) listed on the agenda a~er a motion has been made and properly seconded. · ADDRESS:lNG THE COMMTSS:[ON: When addressing the Commission, please step up to either podium and state, for the recordf 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 Fast 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). ZZZ.-ANNOUNCEMENTS & PRESENTATZONS Item B.1 CITY OF BOYNTON BEAI 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 Ci~' Clerk's Office Meeting Dates in to Ci_ty Clerk's Office [] April 6, 2004 March 15, 2004 (Noon.) [] June 1, 2004 May 17, 2004 (Noon) [] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31, 2004 (Noon) [] May4,2004 April 19, 200n (Noon) [] July6,2004 June 14,2004(Noon) ~ ~_~.~-.~ [] May18,2004 May 3, 2004 (Noon) [] July20,2004 July 5, 2004 (Noon) [] Administrative [] Legal 'x~ :..~_.~ NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Allow announcement. EXPLANATION: Announcement of Special Event - Concert on the Green featuring Eric Burdon & The Animals, Saturday, May 22, 2004, at The Links at Boynton Beach. Gates open 6:30 p.m.; show at 8 p.m. PROGRAM IMPACT: Raises community awareness of event. FISCAL IMPACT: May positively impact advance ticket sales. ALTERNATIVES: Not allow announcement C7-Depman{~t He~ Signature City Manager's Signature Public Affairs Department Name City Attorney / Finance / Human Resources S:~BULLETINXFORMSL~.GENDA ITEM REQUEST FORM.DOC ZZL-ANNOUNCEMENTS & PRESENTATIONS CITY OF BOYNTON BEA Item C. .a 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 6, 2004 March 15, 2004 (Noon.) [] June 1, 2004 May 17, 2004 (Noon) [] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31, 2004 (Noon) [] May 4, 2004 April 19, 2004 (Noon) [] July 6, 2004 June 14, 2004 (Noon) [] May 18, 2004 May 3, 2004 (Noon) [] July 20, 2004 July 5, 2004 (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: Present Proclamation EXPLANATION: This Proclamation, requested by the Boynton Veterans Council, commemorates the Memorial Day holiday. PROGRAM IMPACT: Will help to raise public awareness of the reasons for the Memorial Day holiday. FISCAL IMPACT: None ALTERNATIVES: Not present Proclamation (~ Depa~maen~-I~d's STgnamre City'IXSlafiager's Signattlre Public Affairs Department Name City Attorney / Finance / Human Resources S:~BULLETINLFORMSLhGENDA ITEM REQUEST FORM.DOC WHEREAS, Monday, May 3'1, 2004 has been declared Memorial Day and has been designated as a national holiday by legislative enactment; and WHEREAS, the Citizens of this Nation, the State of Florida, and the City of Boynton Beach, live in freedom because of the sacrifices and contributions made by those who served in the Armed Fomes of the United States of America in time of national danger; and WHEREAS, Boynton Beach Memorial Park is the final resting place for so many of our citizens who sacrificed their lives for their country, I declare this ground to be hallowed ground sacred to their memories; and WHEREAS, the Veterans Council of Boynton Beach, representing all veterans' posts in Boynton Beach, is hereby commended for its efforts in promoting this Memorial Day ceremony for our veterans who served in all wars; and WHEREAS, during peacetime there have been occasions when our active military personnel have become casualties due to the hazardous nature of their duties; and WHEREAS, these servicemen and women deserve only the highest honors equal to those who died in combat. NOW, THEREFORE, I, Jerry Taylor, by virtue of the authority vested in me as Mayor of the City of Boynton Beach, Flodda, do hereby proclaim Sunday, May 30, 2004, as "THE BOYNTON VETERANS COUNCIL MEMORIAL DAY CELEBRATION" in the City of Boynton Beach and urge all citizens to remember the sacrifices and contributions of all those who served this Nation in time of .war to preserve our cherished heritage of freedom, and further urge that we all join together to commemorate our veterans with an appropriate observance at 2:00 p.m. at Boynton Beach Memodal Park and by prayers in our homes and houses of worship. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Boynton Beach, Flodda to be affixed this 18~h day of May in the Year 2004. Jerry Taylor, Mayor City of Boynton Beach A'I-rEST: City Clerk (Corporate Seal) S:\CC\WRCCAGENDN~'odamations\Year 2004\Boynton Veterans Council Memorial Day Celebral~on - 2004.doc BOYNTON VETERANS COUNCIL AMERICAN LEGION POSTS 164 & 288 DISABLED AMERICAN WAR VETERANS POST 152 VETERANS OF FOREIGN WARS POSTS 10150 & 5335 JEWISH WAR VETERANS POST 440 KOREAN WAR VETERANS CHAPTER 17 Rick Prince, Chairman Charles Strauss, secretary 334 NW 7~ Court 5669 Caruso Court # 103 Boynton Beach, FL 33426 Boynton Beach, FL 33437 561-737-3876 561-374-9159 March 10, 2004 TO: Jerry Taylor, Mayor Kurt Bressner, City Manager Janet Prainito, City Clerk Marshall Gage, Police Chief John Wildner, Parks and Recreation Lt. Richard Root, Police Honor Guard COPIES TO: Jan Johnson Jan Johnson Dave Elliott Boynton Beach City Hall 100 E Boynton Beach Blvd. Boynton Beach, FL 33435 The Boynton Veterans Council will hold their Memorial Day Observance on .Sunday, Ma.v 't0. 9_00_4 a~ 2 pm. This letter is written confmnation to the City Hall that we are requesting the usage of the Boynton Memorial Cemetery, as well the setup of the tent, seating and speaker system. Your Parks Department staff { John Wildner} is familiar with the requirements of this program, we are also requesting assistance in grave decoration for Friday May 27~. Jan Johnson will be directly contacting you with the details. It would also be appreciated if~-g~-~.s.~"~~ ~:~ of this event. Mayor Taylor is invited to present the at this program and of course all · members of the City Council are invited to attend and will be introduced to the attendees The Police Firing Squad is requested to fie the salute during the Ceremony. The program opens promptly at 2 pm when the Posts will present their colors. We would welcome the Police Honor Guard joining us in presenting your flags {the Honor Guards should report to the Sgt. Major at 1.45 pm}. Following the Cemetery program a wreath will be placed at the Memorial in the Intercoastal Park on Federal Highway and Gateway Blvd.. Dave Elliott of the Sons of the American Legion will be asked to perform this task. Afterward a light supper will be served at the AL Post 164 AT 571 Ocean Ave., Boynton Beach. Please join us in this repast. Also p~ take note that on May 89 at 21ma we wilt-d~lica~ the new Memorial at the :' Vete ~mns;~~ ~:~s ~ year:: This;list s[ioiild ~e ~l~a to Ms. Jan Johnson who:i~ our COordinator for ~ deeOmfi°n of the Cemetery. We sincerely appreciate your help and understanding for all these requests. Charles Strauss, secretary 561-374-9159 Zt'L-ANNOUNCEHENTS & PRESENTATIONS Item C.l.b 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 6, 2004 March 15, 2004 (Noon.) [] June 1, 2004 May 17, 2004 (Noon) [] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31, 2004 (Noon) [] May 4, 2004 April 19, 2004 (Noon) [] July 6, 2004 June 14, 2004 (Noon) [] May18,2004 May 3, 2004 (Noon) [] July20,2004 JulyS, 2004(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: Present Proclamation EXPLANATION: May 15-22, 2004, will be celebrated nationally as Tinnitus Awareness Week. Tinnitus is a medical condition that affects 50 million U.S. citizens. It is often caused by needless exposure to loud noise and can occur at any time in life. PROGRAM IMPACT: This presentation will help draw attention to this treatable condition. FISCAL IMPACT: None ALTERNATIVES: Not present proclamation. Or Department H6ff'd's S]-gnature City Manager's Signature Public Affairs Department Name City Attorney / Finance / Human Resources S:~BULLETINU:ORMS~AGENDA ITEM REQUEST FORM.DOC " I Some 50 million Americans have experienced tinnitus, otherwise known as the perception of noises, including ringing in the ears and head, when no external sound source is present. i Approximately 12 million of these Americans experience tinnitus to an incessant and debilitating ~ degree during which the sounds in their ears and heads never abate, forcing them to seek assistance from a health care professional. Tinnitus is frequently caused by exposure to loud noises in the workplace, where an estimated 30 million Americans are exposed to injurious levels of noise each day, and where noise-induced headng loss is the most common occupational injury. Tinnitus is also cause by exposure to loud noises in recreational settings, where decibel levels of sound can reach traumatic levels, and where participants frequently are not aware that temporary dnging in the ears can become permanent after continued exposure. In many cases, simply wearing proper hearing protection would protect people from tinnitus, headng loss or from further damaging their hearing. Many people with tinnitus are told that the only solution to their condition is to learn to live with it. Treatment for tinnitus is available that can help reduce the stress of incessant ringing and increase the coping skills and quality of life for people who experience this condition. The American Tinnitus Association has as its mission the charge to silence tinnitus through education, advocacy, reseamh and support, and is celebrating the first National Tinnitus Awareness Week to raise public awareness. Now, therefore, I, Jerry Taylor, by virtue of the authority vested in me as Mayor of the City of Boynton Beach, Florida, hereby proclaim May 15-22, 2004, as: National Tinnitus Awareness Week and urge all citizens to recognize the dangers of loud noise and the value of preserving their hearing. In witness whereof, I have hereunto set my hand and caused the Seal of the City of Boynton Beach, Florida, to be affixed at Boynton Beach, Florida, the 18~h day of May, Two Thousand Four. Jerry Taylor, Mayor City of Boynton Beach A'FI'EST: City Clerk (Corporate Seal) S:\CC~WFSCCAGENDA\Proclamations\Year 2004\'rinnitus Week Proclamation - 2004.doc Stephen P. ~mer, BC-~S C~ifi~ ~ H~g ~ent Sciences 11082 S. ~~ T~ Boston Beac~ FL 33436 561.638.8812 Hearing Aids Tinnitus Retraining Therapy May 15-22, 2004, will be celebrated nationally as Tinnltus Awareness Week. Tinnitus is a medical condition that affects 50 million U.S. citizens. It is often caused by needless exposure tO loud noise - needless because people don't recognize the danger and therefore don't use simple hearing protection, like earplugs and earmuffs. Tinnitus, which is also called ringing in the ears, can occur at any _time in life. Both men and women can be affected. It is the number one. complaint of veterans who seek service-related disability assistance. As our lives become noisier, children can also be vulnerable if they don't know the simple rules for protecting their hearing. Please help draw attention to this treatable condition and help us tell our citizens about the value of preserving their hearing by announcing that May 15-22, 2004 is Tinnitus Awareness Week. Sincerely, Steve Ratner/Ellen Gartner, Facilitators INS SELF-HELP GROUP OF PALM BEACH COUNTY \ eric. Draft Proclamation for National Tinnitus Awareness Week American Tinnitus Association Brochure (561) 7344853 jA] hereas 50 million Americans have experienced Y V tinnitus, otherwise ..known as the:perception of 0ises, including ringingin the ears and head, when o external sound source !_is present;. /A ~hereas 12 million of these Americans ¥ I/ experience tinnitus tO an incessant and ebilitating degree during which the sounds in their ~rs and heads never abate, forcing them to seek ;sistance from a health care professional; [/~ ,~ hereas tinnitus is frequently caused by V l/ exposure to loud noises in the workplace, here an estimated 30 million Americans are :posed to injurious levels of noise each day, and here noise-induced hearing less is the most ,tureen occupational injury; / Jhereas, tinnitus is also caused by exposure to loud noises in recreational settings, where ;cibel levels of sound can reach traumatic levels, . ... d where participants frequently are not aware that mporary ringing in the ears can become permanent :er continued exposure; /~hereas in many cases, simply wearing proper hearing protection would protect People from .nitus, hearing loss, or from further damaging their aring; /Jhereas .many people with tinnitus are told that the only solution to their condition is to "learn !ire with it"; /]hereas treatments for tinnitus are available that can help reduce the stress of incessant ringing t increase the coping skills and quality of life for ,ple who experience this condition; /~hereas the American Tinnitus Association has as its mission the charge to silence tinnitus )ugh education, advocacy, research, and support, is celebrating the first National Tinnitus ~reness Week'fo-raW, e-'pt./Iii; awareness: .-ase a.O o t. ' ~1 and have mayor ~n below. w, therefore be it Resolved, that I, 15-22, 2004, to be [TIONAL TINNIrrUs AWARENESS WEEK in in l ourl ars. · ~ lteod o es. Fitere is Hell~. ~ 71tere is Hope. The American Tinnitus Association sponsors the Tinnitus Self'Help Group of Palm Beach County Special Guest Speaker: Stephen P. Ratner, BC-HIS Tinnitus Retrainin~ Therapist HOW ?Ilql~ITU$ RETRAINING ~HERAPY RELIEVES TIIql~ITUS THURSDAY MAY 13, 2004 7:30 pm South County .Civic Center log Road, SOuth of Linton Across from The Modkami Delray Beach Free Parking in the front lot. Suggested donafion.$1.O0 For more information or.reservation% please contact: Ellen Gartner (800) 732-921 7 MERFAX 5/10/2004 12:05 PAGE 2/2 ~ ):Ci%y Clerk COMPANY: V. ADMINI~RAT~E ~TEM A. Effe~ve immedietely I will be resigning from the City of Boynt~n Beach Community Rela~ons Board, Throug~ this board ! have met many great people and have been expoaed to great thinge, I want to thank everyone of their supporf. Respectfully, Jo~e Rodriguez Office: 954-845-4665 Cell: 56'1-248-4632 ~ -~-~"<: Fax: ~54-575-7600 3=,, ~--n VI.-CONSENT AGENDA ITEM B.1. CITY OF BOYNTON BEACI 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 6, 2004 March 15, 2004 (Noon.) [] June 1, 2004 May 17, 2004 (Noon) C'~ [] April20,2004 April S, 2OO4 (Noon) [] June l S, 2OtM May 31, 2OIM (Noon) [] May4,2004 April l9, 2004 (Noon) [] July6,2004 June l4, 2004 {Noon) [] May 18, 2004 May 3, 2004 {Noon) [] July 20, 2004 July 5, 2004 {Noon) ~:~ [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Heating [] Code compliance/Legal Settlements [] Unfmished Business RECOMMENDATION: Motion to "piggy-back" the MARTIN COUNTY, FLORIDA, CONTRACT FOR "ANNUAL AGREEMENT FOR ROOFING SERVICES", BID #A/R 03-283 awarded to PREVENTIVE MAINTENANCE SUPPORT SERVICES for ROOF REPAIRS ON FIRE STATION gl, CITY HALL, AND FIRE STATION 83 at a cost of $98,428.35. EXPLANATION: Procurement Services received a request from Public Works Department/Facilities Management Division to "piggy-back" the Martin County, "Annual Agreement for Roofing Services", Bid #A/R 03-283 for roofing repairs. This bid award was approved by Martin County on August 20, 2003 for a period of twelve (12) months with two (2) twelve month renewal options provided both parties are in agreement and there are no changes in the terms and conditions. The Agreement allows for all labor materials and services to provide roof maintenance and installation services on an "as needed" basis. Procurement Services Division requests Commission's review, evaluation and approval. PROGRAM IMPACT: The approval of this "piggy-back" will allow Public Works/Facilities Management Division to provide roof maintenance with a ten (10) year warranty for Fire Station gl ($14,925.00/4,500 sq. ft.), Fire Station 83 ($49,199.85/15,619 sq. ft.), and City Hall ($34,303.50/10,890 sq. ft.) FISCAL IMPACT: Funding is established in the CIP budget allocation as follows: Account Description Account Number Bud,,et Building Improvements 302-4118-580-62-01 $ 54,000.00 Building Improvements 302-4101-580-62-01 .99,300.00 (Project #CP0405) Totals $153,300.00 ALTERNATIVES: To seek other sources for roof maintenance. Deputy Director of Financial Services City Manager's Signature Department Name ,/~ - ~[~ ~ttorney / Finance / Human Resources s ABULLETIN~ORM S~AGENDA ITEM REQUEST FORM.DOC RECEIVED PUBLIC WORKS DEPARTMENT APR 2 ? 201 MEMORANDUM #04-083 PROCUREMENT To: .left Livergood, P.E., Director, Public Works From: Rich Fiege, Supervisor, Facilities Maintenance ~/~' Date: April 22 2004 SUBJEC'F' PMS Roofing - Requ/$/t/on #$0566 I would like to piggyback Martin County roofing contract #A/R 03-283 with Preventative Maintenance Support Services for roof repairs on Fire Station #1, City Hall, and Fire Station #3. Utilizing this piggyback will enable us to start and complete all work prior to the rainy season. I have a total of $153,300 budgeted in CIP. The quote from Preventative Maintenance Support Services is $98,428.35 that includes a ten-year warranty on all work. This is a savings of $54,871.65. Roofing Budget in CIP 153,300.00 PMS Quote for City Hall and Fire Station #1 49~228.50 PMS Quote for Fire Station #3 49~199.85 Total Cost 98,428.35 -98,428.35 Total Budget Savings 54,871.65 Please approve this request and Facilities Requisition #30866 in H.T.E. RF:jam Copy: PW Files .~ ~(~x~,,~,,w~.<.~£,,~ . S:\PW\Correspondence\2004 Memos - Interdepartment & Interoffice\04-083 PMS Roofing.doc PMS ROOFING 150 NW 24TH Street Boca Raton FI. 33431 561/394-8012 voice 561/3~4-23 ~ 1 fax Visit our Web page at www. pmsroofing.com. Fa · X. Time: 8:52:11 AM Date: 4/20/2004 To: Rich 1-561 -;'42-6213 From: Irr Kristian SUBJECT: Fire Station #1 - please let me know your thoughts on this Message: Clean and repair the roof as required by the coating manufacturer in order to restore the roof and provide a 10-year warranty. Restore the flashings and install the coating base-coat / top-coat system F~e:S~tion#~ sec 20 item 10-1 (sub acrylic for urethane) 4500 sift @ $3.01 = $13545 sec O0 item 50-3 lO-year warranty under 10,000 srft = $1380.00 Total:contract Sl-4925J30~, This fax was sent using the PMS fax server network. For more information, visit: http://www, pmsroofing,com PMS ROOFING 160 NW 24TH Street Boca Raton FI, 3343! 561/394-8012 voice 561/394-2311 fax Visit our Web page at www. pmsroofing.com. Fax' · Time: 4:25:20 PM Date: 4/15/2004 To: Rich 1-561-742-6213 From: Irr Kristian SUBJECT: breack down for co~;dn~ b~tsed on the Martfi~ Coumy ConL~ac~ Message: Clean and repair the roof as required by the coating manufacturer in order to restore the root' and provide a 'i O-year warranty. Restore the flashings and install the coating base-coat / top-coat system Fire Station #3 15619 sqft. sec 20 item 10-1 [sub acrylic for urethane) 15619 srft @ ,$3.01 = $47013.19 sec 00 item 50-3 1 O-year warranty over 10,000 srft = $ 2186.66 Totalcontr. act $49i~199.85 City Hall 10890 sr. lt. sec 20 item 10-1 (sub acrylic for urethane) 10890 srft @ $301 = $32778.90 sec 00 item 50-3 10-year warranty over 10,000 srff = $1524,60 Total contract $34303~50 T!~iS qax ,,*/as sent using the ;'MS fax server net~vorK. For more informer,on, visit: h.'tp:#w~vw, pmsroofing.cor~ From: 56~-394-2311 To: Rick Page: 2/2 Date: 4115/2004 7:42:36 AM NIARTIN COUNTY BOARD OF COUNTY COMMISSIONERS 2401 S.E. MONTEREY ::IOAD°STU~,=IT, FL 34S96 NOTICE OF AWARD DOUG SMITH ~m~,s.'o~er. OiSIT~ct I August 22, 2003 File: asp031.382 S~N L. YALLJERE ~mm wnm..~. Sherida Mohammed, President c:~m,.,o.., o.,.~, ~ Preventive Maintenance Suppor~ Services s.....~^.. 160 NW 24 Street #16 c~m,....,, o.~,~* Boca Raton, FL 33431 Mrc.^mL omre. L,~ Description: Annual Agreement for Roofing Services C=mm~ss/~or. Ois~'~.q 5 Bid #A/R 03-283 Primary award to Preventive Maintenance Support Services and Secondary award to Total Roofing Systems, Inc.. RUSS BLACKBURN co.~,~*.,...,.,,.m, You are hereby notified that the BID submitted un July 22, 2003, was s~.... ~.~ approved by the Purchasing AdwAnistrator, Betsy L. Ive~on, on Angst c~.,~ ..~.~ 20, 2003. You are requ[red to return an ac~owiedged copy of t~s Notice Award to ~in County no lair than August 29, 2003. In addition, please fu~ish an o~nal ce~ificate of insurance naming the County as addition~ insured along with a si~ copy of the attached Purchase ~er A~eement for ~od Fo~. you for your records. Thank you for your pa~icipation in our bidding pr~ess, We look fo~d to doing business with you. t /? ACCEdeNCE OF NOTICE ~ceipt of ~e above NOTICE OF AWeD iz hereby ac~owledged T~is ~ ~s sent us~n9 the ~MS ~ sewer ne~o~ For more i~ormztion, v~s,t: SOLICITATION FOR FORMAL SEALED BID MARTIN COUNTY BOARD OF COUNTY COMMISSIONERS DATE: June 22, 2003 SUBMIT BID TO: DEPARTMENT: General Services PURCHASING DIVISION 2401 SE MONTEREY RD. STUART, FLORIDA 34996 BID NUMBER: A/R #03-283 INSTRUCTIONS Each bidder shall furnish the information required on the bid form and each accompanying sheet thereof on which he makes an entry. Bids submitted on any other format shall be dis- qualified. Bids to include one original and one copy. Bids must be received in the Purchasing Division, 2401 SE Monterey Rd., Stuart FL, 34996 no later than 2:00 P.M., local time, TUESDAY, July 22, 2003. Bids received after this time & date will not be considered. Bids will be publicly opened and read at the appointed time. All bids shall be considered FOB Destination. Bids may not be withdrawn for a period of 60 days from bid opening. INVITATION TO BID One Time Purchase Small Construction X Annual Requirement Contract BID TITLE Annual Agreement for Roofing Services ~ Vehicle/Equipment (Rolling Stock) BID SIGNATURE SECTION THIS FORM MUST BE RETURNED WITH BID. FAILURE TO SIGN BID WILL RESULT IN DISQUALIFICATION OF SUBMITTAL. ~Na~ ~ ~--%-~ ,/c. - - e.~ ~ T'~ c · Telephone (include_Area Code) hori~ed Si.qnature ,Name/Title (Please Pdnt) Federal Employee Identification # Street Address City State ~ Zip Questions regarding this bid should be addressed to the Purchasing Division: (772) 288-5509. A1 INSTRUCTIONS TO BIDDER A1.1 Each bidder shall furnish the information required on the bid schedule and each ac- companying sheet thereof. Offers submitted on any other format may be disqualified. A1.2 All bids must be submitted in a sealed envelope, plainly marked on the outside with the invitation to bid number, date and time of opening. A1.3 All bids must be submitted in duplicate. This includes specifically the bid cover page, the bid signature section, any section on which annotations are required or ex- ceptions are taken, the bid schedule, and any supporting documentation or literature being submitted. A1.4 It is the bidder's responsibility to assure that Bids are received in the Martin County Pur- chasing Office, 2401 SE Monterey Rd., Stuart, FL 34996, no later than 2:00 PM, July 22, 2003. Any submittal received after the stated date and time will not be accepted or considered, and will be returned to the bidder unopened. No telegraphic or facsimile offers will be considered. No offers will be accepted or received in any other Martin County office. A1.5 Bids will be publicly opened and read aloud in the Purchasing Division on the above ap- pointed date at 2:00 p.m. or as soon as possible thereafter. A1.6 Bids may not be withdrawn for a period of 60 days after the public opening date. A1.7 Bidder's attention is specifically called to the terms and conditions of the solicitation. A1.8 Please check pdces, before submitting as modifications will be not be allowed after opening. All prices and notations must be in ink or typewritten. Modifications will not be accepted or acknowledged. All bids must be signed. A1.9 Alternate bids will not be considered unless they are specifically called for in this solici- tation. A1.i0 Any actual or prospective bidder who protests the reasonableness, necessity or com- petitiveness of the terms and/or conditions of the invitation to bid; selection or award recommendation shall file such protest in wdting to the Purchasing Administrator. A1.11 Questions relative to interpretation of specifications or the solicitation process, shall be addressed to the Purchasing Division, in writing, no later than five (5) working days prior to bid opening. Any interpretations, clarifications or changes made will be in the form of written addenda issued by the Purchasing Division. Oral answers will not be authoritao rive. A1.12 It will be the responsibility of the bidder to contact the Purchasing Division prior to sub- mitting a bid to ascertain if any addenda have been issued, to obtain all such addenda, and to return executed addenda with their bid. The Purchasing Division is located at 2401 SE Monterey Rd., Stuart, Florida 34996, telephone # (772) 288-5509, Fax (772) 288-5414. BID SIGNATURE SECTION A2.1 Bid must be signed by an authorized representative with full signature authority and re- turned with the bid. A2.2 Delivery shall be a factor in award. Failure to perform within delivery deadline(s) as set. forth in the specifications or any other contract document shall constitute default. A2.3 Split Award: Martin County reserves the right to award to the overall lowest, most re- sponsive bidder or to award by line item should that be in the best interest of the County. A2..4 The County reserves the right to reject any or all bids, without recourse, to waive techni- calities or to accept the bid which in its judgement best serves the interests of the County. Cost of submittal of this bid is considered an operational cost of the bidder and shall not be passed on .to or borne by the County. A2.5 Goods, services, supplies or equipment covered in the specifications shall be delivered F.O.B. Destination. A2..6 Bidders are requested not to contact requesting/evaluating Departments or Divisions af- ter bids are opened. Any questions from bidders or evaluating Departments/Divisions will be answered through the Purchasing Division. Such contact will result in disqualifi- cation A2.7 If not bidding any or ,all items, please state. A2.8 Unit prices will govern in the event both unit and total prices are asked for in the solicita- tion and the unit price carried forward does not mathematically result Jn the total price for that item. '- A2_.9 Failure to comply with these instructions may result in disqualification of your bid. B. GENERAL TERMS & CONDITIONS BI. Payment/Invoicing: No payment will be made for materials ordered without purchase order authorization. Payment cannot be made until materials, goods or services have been received and accepted by the County in the quality and quantity ordered. Payment will be accomplished by submission of invoice, in duplicate, with Purchase Order Num- ber referenced thereon and mailed to: Accounting Department, 2401 SE Monterey Rd., Stuart, FL 34996. B2. Fund Availability: Any contract resulting from this solicitation is deemed effective to the extent of appropriations available. B3. Permits/Licenses/Fees: Any permits, licenses or fees required will be the respon- sibility of the contractor: no separate payment will be made. Adherence to all ap- plicable code regulations (Federal, State, County, City) are the responsibility of the con- tractor. B4. Taxes: Martin County does not pay Federal excise and State sales taxes. Tax exemp- tion number is available upon notice of award. B5. Warranty: Shall be for a period of not less than one full year (12 months) after ac- ceptance by Martin County. B6. Independent Pricing: By submission of this bid, the bidder certifies, and in the case of a joint bid, each party thereto cedifies that; (a) The prices in this bid have been ardved at independently, without consultation, com- munication, or agreement for the purpose of restricting competition. (b) Unless otherwise required by law, the prices which have been quoted in this bid have not knowingly been disclosed by the bidder and will not knowingly be disclosed by the bidder, directly or indirectly, to any offeror or to any competitor prior to opening; and (c) No attempt has been made or will be made by the bidder to induce any other person or firm to submit or not to submit any bid for the purpose of restricting competition. B7. Inspection/Acceptance Title: Inspection and acceptance shall be at destination. Title and dsk of loss or damage to all items shall be the responsibility of the shipper (vendor) until accepted by the using department of Martin County. B8. Changes: Martin County reserves the right to order in writing changes to the scope of the contract such as change in quantity or delivery schedule. The contractor has the right to request an equitable price adjustment in cases where modifications to the con- tract under the authority of this clause result in increased costs to the contractor. B9. Liability: The vendor shall act as an independent contractor and not as an employee of Martin County..The vendor will be required to indemnify, defend, and hold and save harmless Martin County, its officers, agents, and employees, from damages arising from the vendor's performance of, or failure to perform, any task or duty required to be per- formed by the vendor. B10. Conflict of Interest: All offerors must disclose with their submittal the name of any of- ricer, director, or agent who is also an officer or employee of Martin County. All bidders must disclose the name of any Martin County officer or employee who owns, directly or indirectly an interest in the bidder's firm or any of its branches. Bll. Termination for Convenience: Martin County reserves the right to terminate the Agreement in whole or part by giving the vendor written notice at least thirty (30) days prior to the effective date of the termination. Upon receipt of termination from Martin County, the vendor shall provide only those materials specifically approved or directed by Martin County. All other rights and duties of the parties under the Agreement shall continue during such notice period, and Martin County shall continue to be responsible to the vendor for the payment of any obligations to the extent such responsibility has not been excused by breach or default of the vendor. Upon termination, vendor shall bill Martin County for all amounts not previously billed and due the vendor at that time. The vendor shall not be entitled to payment nor ex- penses for any work commenced or expenses incurred after the notice of termination was received by the vendor, unless specifically approved or requested by Martin County. The vendor shall however, be entitled to payment for materials ordered or ser- vices commenced and approved by Martin County prior to the receipt of notice, or with the express written consent of Martin County, prior to the effective date of termination. B12. Termination for Default: The performance of the Agreement may be terminated by Martin County in accordance with this clause, in whole or in part, in writing, whenever the County shall determine that the contractor has failed to meet performance requirement(s) of the Agreement. In the event of a determination of default, Martin County reserves the right to award any remaining portion of the agreement to the next lowest, most responsive, responsible bidder without further competition. B13. Laws Governing this Contract: Any contractual arrangement between Martin County and the vendor shall be consistent with, and be governed by, the ordinances of Martin County, the laws of the State of Florida, both procedural and substantive, and ap- plicable federal statutes, rules and regulations. Any and all litigation arising under any contractual arrangement shall be brought in the appropriate court in Martin County, Florida. B14. taodifications: In addition to changes made under the changes clause, any contract re- sulting from .this solicitation may be modified within the scope of the contract upon the written and 'mutual consent of both parties, and approval by appropriate legal bodies in Martin Cou'nty. B15. The Contract: 'The Contract between Bidder and OWNER shall be in the form of the Goods Agreement included herewith. 7'he successful Bidder shall assist and cooperate with the Owner in executing the Contract, and within fourteen (14) calendar days follow- ing its presentation shall execute same and return it to the owner along with the Insur- ance documents and any other documentation that may be required by the Contract documents to be submitted at that time. B16. Additional Terms and Conditions: No additional terms and conditions included with the bid response shall be evaluated or considered and any and all such additional terms and conditions shall have no force and effect and are inapplicable to this bid. If submit- ted either purposely through intent or design or inadvertently appearing separately in transmitting letters, specifications, literature, price lists, or warranties it is understood and agreed that the general and special conditions in this solicitation are the only condi- tions applicable to this bid and the bidders authorized signature affiXed to the bid signa- ture section attests to this fact. B18. Bid as Public Domain: All documents and other materials made or received in con- junction with this project will be subject to public disclosure requirements of chapter 1 19 Florida Statutes. The bid will become part of the public domain upon opening. Vendor shall not submit pages marked "Proprietary" or otherwise restricted. C. SPECIAL PROVISIONS C1. Term of Agreement: Term of agreement shall be for a pedod of twelve (12) months with two (2) twelve month renewal options provided both parties are in agreement and there are no changes to the terms and conditions. C2. Minimum Standard: Specifications describe the expected minimum standard. These specifications are intended to be descriptive in nature and are not intended to eliminate any vendor from submitting a bid. C3. Brand Names: The reference to a brand name is intended to be descriptive but not re- strictive and only to indicate to the prospective bidder the expected level of quality. Bid~ on other than items specified by the-County will be considered, provided each bidder clearly states in his bid exactly what he proposes to furnish and forwards with his bid a cut illustration or other descriptive material which will cleady indicate the quality and character of the article covered by his bid. Failure to provide suff~cient literature to allow an informed decision shall be grounds for disqualification. C4. Automated Order Entry System: Bidder should furnish with his bid package details of any automated order entry system available for use by the County. C5. Return of Merchandise: The supplier is to accept for full credit, any merchandise re- turned by the County within thirty (30) days from the delivery or pickup date. C6. Bidder/Offeror Qualification: a) Bids will be considered from firms with adequate per- sonnel and inventory to perform prompt delivery and maintain regular business hours 8 a.m. to 5 p.m., Monday through Friday, excluding County holidays. b) Bids will be ~onsidered only from firms regularly engaged in the business as de- scribed in this bid package; with a record of performance for a reasonable period of time, with sufficient financial support, equipment, and organization to ensure that they can satisfactorily execute the requirements if awarded an Agreement under the terms and conditions stated. The terms "equipment and organization: as used herein shall be construed to mean a fully equipped and well established company in line with accepted business practices in the industry and as determined by the County. C7. Quantities: The quantities listed in the Invitation to Bid, if given, are estimates only and are given only as a guideline for bid preparation. Estimates should not be construed as representing actual quantities to be purchased. Martin County shall not be held to any minimum or maximum purchase quantities. C8. Prompt Payment Discounts ' Discounts will be computed from the date of satisfac!o,,'y delivery at place of acceptance or from receipt of correct invoice at the office specified, whichever is later. C9. Customer Service: The successful bidder shall provide a local representative to ser- vice the County's accounts. C10. Delivery: Delivery time must be noted on bid submittal. Cll. Pre-award inspection: The County reserves the right to make a pre-award inspection of the bidder's facilities, to determine the capabilities of the bidder to service the County, prior to award of a contract. C12. Assignment and Subcontracting: The contractor shall not assign the contract or sub- contract any requirement without obtaining the prior written approval of Martin County. C13. Firm Prices: Prices shall remain firm for the term of the agreement. Escalations will be considered provided documentation is provided and price escalations appear to be rea- sonable. It should also be noted that in the event of price decreases, Martin County shall be offered the de-escalations. C14. Discrepancies: The supplier shall coordinate all misidentified items, incorrect ship- ments, shortages, back orders and any other discrepancies. C15. Insurance: The Contractor shall, during the entire pedod of performance of any con- tract resulting from this solicitation, procure and maintain at least minimum amounts of insurance as stipulated in Attachment 1. Proof of such insurance must be provided to the County prior to beginning contract performance. C16. Other Entity Use: Successful bidder may be requested to convey bid pdces, contract terms and co.nditions, to municipalities or other governmental agencies should the bid- der feel it is it~ their best interest to do so. C17. Attachments: There are three (3) attachments to this Annual Requirement: Attachment I - Statement of No Bid Attachment 2 - Bidder's Qualification Questionnaire Attachment 3 - Insurance Requirement Attachment 4 - Martin County Roofing Unit Prices and Construction Standards Catalog If you choose not to submit a bid on this Annual Requirement please complete and re- turn Attachment 1. Attachment 2 must be completed and returned with your bid. C18. E~ID SECURITY Bid Security shall be made payable to the Board of County Commis- sioners, Martin County, Florida, in the amount of Five Thousand Dollars ($5,000). Bid Security shall be either a certified check or a cashiers check drawn on any national or state bank, or a bid bond issued by a surety licensed to issue surety bonds in Florida and included in the most recent United States Department of the Treasury List of Acceptable Sureties. If a bid bond is submitted as Bid Security, such bid bond shall be in the form included herewith. The attorney-in-fact executing the bid bond shall affix to such bond a certified and current copy of their Power of Attorney reflecting their authority as Power of Attorney in the State of Florida. The accepted Bidder's Bid Security will be retained until Bidder has executed the Contract and furnished the required payment and performance bonds, and evidence of required insurance. The OWNER reserves the right to retain the Security of any or all of the remaining Bidders until the date stated on the Bid Form. If any accepted Bidder refuses to enter into the Contract, the OWNER will retain the difference between the amount specified in the accepted Bid and any larger amount for which the OWNER may in good faith contract with another party to perform the Work covered by such Bid, not to exceed the amount of the Bid Security. The retained portion of such Bid Security is retained as liquidated damages and not as a penalty. The Bid Security shall be enclosed with the Bid. C-19 PAYMENT AND PERFORMANCE BONDS The successful Bidder shall furnish the OWNER with a Payment Bond and a Performance Bond in accordance with Flodda Statutes Section 255.05, each in the sum of one hundred (100) percent of the amount of each Task Order that is equal to or in excess of $100,000 (one hundred thousand dollars). The Surety shall be authorized to issue surety bonds in Flodda and be included in the most recent United States Department of Treasury List of Acceptable Sureties. Bidder shall require the attorney-in-fact, who executed the Payment Bond and the Performance Bond, to affix to each a current certified copy of their Power of Attomey, reflecting such person's authority as Power of Attorney in the State of Florida. Further, at the time of execution of the Contract, the successful Bidder shall provide a copy of the Surety's current valid Certificate of Authority issued by the United States Department of the Treasury under 31 United States Code sections 9304-9308. Each of the Payment Bond and Performance Bond shall be submitted in the forms furnished herewith. One fully executed copy of each of the Payment Bond and the Performance Bond shall be posted at a conspicuous place at the Project site. The cost of the Bonds shall be included by the Bidder in the Bid. The Performance Bond shall continue in effect for one (1) yea. r after Substantial Completion and acceptance of the Work as a guarantee that the workmanship and materials are free from construction defects. Work Assignments that are less than $100,000 (one hundred thousand dollars) shall not have a Payment Bond and a Performance Bond. D. AWARD OR REJECTION OF BIDS D1. Award of Contract: Award will be made to the lowest, most responsive, responsible bidder. D2. Best Prices: Award will be made without further negotiation based upon competitive bids. D3. Rejection of Bids: Martin County reserves the right to reject any or all bids with or with- out cause when such rejection is in the best interest of the County. The County also re- serves the right to reject any bid when bidder has previously failed to perform properly or complete, on time, contracts of a similar nature. D4. Determining Responsibility: In determining responsibility, the following qualifications will be considered: a. The bidder's ability, capacity and skill to perform the contract or provide the service within the time specified. b. The reputation, judgment and experience of the bidder. c. The quality of performance of previous contracts or services including previous per- formance with the County. d. Previous and existing compliance by the bidder with laws and ordinances relating to the contract or service. e. Financial resources of the bidder to perform the contract or provide the service. 1:)5. Unit Prices: Unit prices will govern in the event both unit and total prices are asked for in the solicitation and the unit price carded forward does not mathematically result in the total price for that item. D6. PUBLIC ENTITY CRIMES: Pursuant to Flodda Statutes Section 287.133(2)(a), all Bid- ders are hereby notified that a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a con- tract to provide any goods or services to a public entity, may not submit a bid on a con- tract with a public entity for the construction or repair of a public building or public Work, may not submit bids on leases of real property to a public entity, may not be awarded or perform Work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in s.287.017 for CATEGORY TWO [currently $25,000] for a pedod of 36 months from the date of being placed on the convicted vendor list. A "Public eritity chine" means a violation of any state or federal law by a person with re- spect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited t(~, any bid or contract for goods or services, any lease for real property, or any contract for/he construction or repair of a public building or public Work, involv- ing antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or matedal misrep- resentation.. E. SCOPE OF WORK FOR BID # A/R 03-283 The successful bidder shall provide Martin County with Roofing Services on an "as needed" basis for the term of the agreement. Scope of Services: Includes but is not limited to, all labor, materials & services necessary to provide roof mainte- nance and installation services for Martin County. These services can be in the form of com- plete roofing system replacement or for repairs on an "as needed" basis and will be based on the Martin County Roofinq Unit Prices and Construction Standards Catalo_q. Prospective bidders may provide proposals for all roofing types or selection types. They may bid unit costs as provided or (+) or (-) a percentage. Requirements: Agreement shall allow for all labor, materials and services to provide roof maintenance and in- stallation services on an "as needed" basis throughout Martin County. Term shall be for a pe- riod of twelve (12) months with two (2) twelve month renewal options. Vendors shall provide proof that they ar properly certified as a Roofing Contractor by the State of Florida or have a current State of Flodda Certificate of Authority issued for the organization of Bidder as a Roofing Contractor or have a Roofing Contractor's license as issued by Martin County. A copy of the certificate must be submitted with the bid and must be in the name of the Bidder shaown on the Bid Proposal Page. Failure to comply with this condition shall result in rejection of the bid. Specifications Attached find a copy of Martin County Roofing Unit Prices and Construction Standards Catalog (Attachment 4). This is made up of detailed Roofing Standards and Unit Price Schedule as de- veloped by an independent roofing consultant. NOTE: Martin County will not be held to any minimum/maximums during the term of agreement F. THE BID SCHEDULE (Exhibit B) In accordance with the terms, conditions and specifications, the undersigned bidder hereby submits the following prices for supplying Martin County with the goods and/or services called for in Bid # A/R 03-283 DESCRIPTION 1. Discount from or markup to the S/Unit for each task order element listed in the Martin County Roof- ing Unit Prices and Construction Standards Catalog. Markup or discount shall be a uniform per- centage that is applied to all of the unit prices listed in the Martin County Roofing Unit Prices and Construction Standards Catalog. (Note: Select one or the other) Discount off % 10 OR Markup % Z. Attach past perfm--mance history & background as a Roofing Contractor. Please note: It is incumbent upon all participants to include information in sufficient detail to allow an informed decision process. If you are not the successful bidder for primary provider, would you consider serving as the sec- ondary (backup) provider with the same terms and conditions as your bid? k" Yes__No NOTE: Martin Coumy will not be held to any minimum/maximums during the term of agreement. Signature Firm Name ACKNOWLEDGMENT IS HEREBY MADE OF RECEIPT OF ADDENDA ISSUED DURING THE SOLICITATION PERIOD: ADDENDUM # /L THROUGH ADDENDUM #. d MARTIN COUNTY GOVERNMENT INDEFINITE QUANTITY CONTRACT/CONSTRUCTION UNIT PRICE SCHEDULE 07.1 00 20-1 Roofing management SF 1.08 Infrared roof scan 1 scan 07.1 00 30-1 Roofing management DAY 632.50 Roofing inspections Daily full time inspections 07.1 00 40-1 Roofing management SF 0.14 Construction drawings Roofing con.struction drawings - up to 10,000 SF 07.1 00 40-2 Roofing management SF 0.12 Construction drawings RoOfing construction drawings - 10,000 to 50,000 SF 07.1 00 40-3 Roofing management SF 0.09 Construction ch~awings Roofing conslxuction dr?wings - greater than 50,000 SF 07.1 00 50-1 Roofing Management EA 920.00 Roofing Warranty 5 Year Warranty - up to 10,000 SF 07.1 00 50-2 Roofing Management SF 0.09 Roofing Warranty 5 Year Warranty - over 10,000 SF 07.1 00 S0-3 Roofing Management EA 1,380.00 Roofing Warranty 10 Year Warr'411ty - up to 10,000 SF 07.1 00 50-4 Roofing Management SF 0.14 Roofing Win'runty 10'Year Warranty - over 10,000 SF 07.1 00 50-5 Roofing Management EA 1,840.00 Roofing Warranty 20 Year Warranty- up to 10,000 SF ,' 07.1 00 50-6 Roo('m~ Management SF 0.23 Roofing Warranty 20 Year Warranty - over 10,00_0 SF 07.1 20 FLUID APPLIED WATERPROOFING )neUid applied waterproofing SF 3.01 component po[yurethahe base 07.1 20 10-1 I coat Fluid applied wateqyroofing SF 3.23 Two component polyurethane base 07.1 20 11-1 1 coat 07.1 20 20-1 Fluid applied wate_tproofing SF 3.1 Rubber, ed Asphal~ 1 coat 07.2 10 ROOF DECK INSULATION 07.2 10 10-1 Roof deck insulation SF 1.29 Glass fiber board 15116" thick, R-3.7, applied in Type m asphalt V[.-CONSENT AGENDA I'TEM B.2 CITY OF BOYNTON BEACE AGENDA ITEM REQUEST FOI ,, Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned in Meeting Dales in to City Clerk's Otfice Meeting Dates to City Clerk's Office [] April 6, 2004 March 15, 2004 (Noon.) [] June 1, 2004 May 17, 2004 (Noon) [] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31, 2004 (Noon) ; , May 4, 2004 April 19, 2004 (Noon) [] July 6, 2004 June 14, 2004 (Noon) ~ May 18, 2004 May 3, 2004 (Noon) [] July 20, 2004 July 5, 2004 (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 award Bid #032-2821-04/CJD, "REDEVELOPMENT/REPLACEMENT WATER SUPPLY FOR THE EAST WELLFIELD, WELLS 10E THROUGH 14E', to Southeast Drilling, Inc., and to execute a contract by resolution in the amount of $1,226,210.00. Also, approve an owner's contingency of 10% in the amount of $122,621.00 for a total project budget appropriation of $1,348,831.00. EXPLANATION: The East WeHfield consists of 19 wells (including Wells 3E and 10E). At any time one (1) or two (2) of these wells could be temporarily out of service for maintenance and/or rehabilitation. Wells 3E and 10E are not used at all due to poor water quality. On April 1, 2003 the City Commission approved Task Order #24 to CH2M Hill for engineering services to replace Wells 3E and 10E, surficial aquifer wells and restore available water capacities for short-term durations without increasing our permitted allocation. During the design phase of this task order, it was determined that the City was, and continues to have capacity constraints throughout the East Wellfield (particularly Wells 10E - 14E). Therefore, the task order scope was redefined to eliminate rehabilitation of Well 3E. The redefined scope would meet the demands caused by declining water capacity and allow for the replacement of Wells 10E - 14E where flow rates have been reduced to less than 70 gallons per minute (gpm) for each well where as the average production rate for the East Wellfield wells is closer to 400 gpm. S:kBULLETIN~ORMSkAGENDA ITEM REQUEST FORM. DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM By reducing the total depth of Wells 10E - 14E, from over 270-feet to less than 100-feet, the flow rates will be permitted at rates of up to 700 gpm and stay within the City's permitted annual and maximum daily allocations. The project includes all professional permitting, site preparation, drilling, installation, development and testing for five (5) replacement water supply wells; Wells 10E through 14E. PROGRAM IMPACT: Competitive bids were received and opened by Procurement Services on March 4, 2004. All bid proposals were submitted to Utilities and our design professional, CH2M Hill, for review and evaluation. The information submitted by Integrity Well & Pump Company, the apparent Iow bidder, has an imbalance in their overall bid. Their base bid is $176,822.00 or $35,364 more per well than the base bid for Southeast Drilling, Inc., the next lowest bidder. The scope of work for the base bid defined well drilling using an open-hole construction, the most efficient design and the basis for this bid award. Alternate bid items were included in the event that some of the wells would not support open-hole construction Our initial due diligence revealed several additional concerns with Integrity's historical performance, including their inability to meet schedules, delayed payment of subcontractors, the appearance of old drilling equipment and a lack of understanding of south Florida drilling conditions. A meeting was convened between Integrity, CI~2M Hill and the City. Integrity provided information to substantiate their financial position. CI~2M Hill was able to verify payment to subcontractors in a timely fashion through additional resources. During the meeting, Integrity Well & Pump Company stated that the cause for the disparity in their base bid was due to their misunderstanding of the procedure the City outlined in the Technical Specifications for the method of sequencing the well drilling. This resulted in a higher base bid and a iow bid for the alternates. Issues were not resolved regarding Integrity's work scheduling, appearance of old equipment and lack of understanding for well drilling in south Florida. The total proposal submitted by Southeast is $62,948.00 higher than Integrity but will allow the City to receive cost benefits since we anticipate the use of the alternates will not be necessary (See Comparison Table below). If during construction, the alternates are needed, prices have been established for the additional services. As stated in the bid documents, "the contract will be awarded by the City to the most responsive, responsible Bidder whose bid represents the most advantageous bid to the City, price and other factors considered." S:~LrLLE~RMSXA(}ENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMPARISON TABLE Name of Bidder Base Bid Alternates Total Proposal. Integrity Well & Pomp Co. $1,063,002.00 $100,250.00 $1,163,262.00 (l P) Southeast Drilling, Inc. (SD1) $ 886,200.00 $ 340,000.00 $1,226,210.00 SDI- Lowest Base Bid $ 176,802.00 IWP- Lowest Alternates $ 62,948.00 CH2M Hill maintains their original position to recommend Southeast Drilling, Inc. for award of this bid, based on their base bid and the probability that the alternate prices will not be required. We concur with CH2M Hill's recommendation (Attachments #1, #2 & #3) to award the project to Southeast Drilling, Inc. for professional services required to complete this project successfully. Southeast Drilling is the lowest, most responsive, responsible bidder who meets ali specifications and whose bid is in the best interest of the City. FISCAL IMPACT: Funds are available in Utilities R&R Account /g401-5000-590-96.02, WTRll5 for the contract amount of $1,226,210.00 and a 10% contingency of $122,621.00 for a total budget appropriation of $1,348.831.00. ALTERNATIVES: No alternatives are available to remedy the capacity constraints occurring in the East Wellfieid. In addition, time is of the essence and the scheduling and completion of this project is critical since Wells 12E, 13E and 14E are located within the Forest Park Elementary school boundaries and work must be completed during their summer break. S.'~13ULLETIN~O~GE~A ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Dale Sugerma~, ~ ~ 'k~urt Bressner, Assistant City Manager City Manager Utilities Department T~ity Atto~atey / ~'~nance / Human Resources Attachments bc: Dale Sugerman, Assistant City Manager cc: Paul Fleming, Sr. Project Manager Bob Kenyon, Deputy Utilities Director John Reynolds, Well Maintenance Supervisor Procurement Services Utilities File 8:~UI.I~TINWORMS~GENDA ITEM REQUEST FORM.DOC 2 RESOLUTION NO. R04- 3 4 A RESOLUTION OF THE CITY OF BOYNTON 5 BEACH, FLORIDA, APPROVING THE AWARD OF 6 BID ~032-2821-04/CJD TO SOUTHEAST DRILLING, 7 INC., FOR REDEVELOPMENT/REPLACEMENT 8 WATER SUPPLY FOR THE EAST WELLFIELD, 9 WELLS 10E THROUGH 14E IN THE AMOUNT OF .10 $1,226,210.00; AUTHORIZING THE CITY .11 MANAGER TO EXECUTE CONTRACT '12 DOCUMENTS; AND PROVIDING AN EFFECTIVE 13 DATE. 14 15 WHEREAS, competitive bids were received and opened by Procurement .16 Services on March 4, 2004, for the redevelopment/replacement water supply for the .17 east wellfield, wells 10E through 14E, and together with CH2M Hill, Inc., our design .18 professional, staff is recommending the award to Southeast Drilling, Inc., as the 19 lowest, most responsive, responsible bidder who meets all specifications; 2O NOW, THEREFORE, BE IT RESOLVED BY THE CITY 2.1 COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 22 Section 1. The City Commission of the City of Boynton Beach, Florida, 23 hereby approves the award of Bid ~q~)32-2821-04/CJD to Southeast Drilling, Inc., for 24 the redevelopment/replacement water supply for the east wellfield, wells 10E through 25 14E, and does hereby authorize the City Manager to execute a contract in the amount 26 of $1,226,210.00, a copy of which Contract is attached hereto and made a part hereof. 27 Section 2. That this Resolution shall become effective immediately. 28 S:\CA\RESOV~greements\Bid Awards~Award of Bid - Southeast Drilling.doc PASSED AND ADOPTED this __ day of May, 2004. 2 3 CITY OF BOYNTON BEACH, FLORIDA 4 5 6 Mayor 7 8 9 Vice Mayor 10 11 12 Commissioner 13 14 15 Commissioner 16 18 Commissioner 19 ATTEST: 20 21 22 City Clerk 23 24 (Corporate Seal) 25 26 27 28 S:\CA\RESOV~,greements~Bid Awards~Award of Bid - Soulheast Drilling. doc BID TITI,F': RF,DF'VF'I,OPMF,NT/RF'PlJACF,MF,NT WATF'R SIJPPI,Y FOR THF' F'AST WF, 1,1JFIEI,D; WF,I ,I,S 1 OF, TI-IR Ol IGH 14F, BID NUMBER: 032-2821-04/CJD PROJECT NUMBER: WTR 115 CITY OF BOYNTON BEACH, FLORIDA CONTRACT FOR CONSTRUCTION SERVICES THIS CONTRACT, made and entered into this 4th day of ~, by and between the CITY OF BOYNTON BEACH, a municipal corporation of Florida, hereinafter called the "CITY" or "OWNER" and Southeast Drilling, Ipc- a Florida Corporation (_X__) Check One a Florida General Partnership ( ) a Florida Limited Parmership ( ) a Sole Proprietor ( ) hereinafter called "CONTRACTOR". WITNESSETH WHEREAS, The City has heretofore invited bids for a City construction project ("Project") identified by the bid title, bid number and project number listed above and commonly referred to as: REDEVEI,OPMENT/RE/REPI,AC. EMENT WATER SIJPPl ,'ir FOR THi~, hAST IvVl~,l,l,Pfl~,l,D, V(I~',I,I,s 10E THROITGH 14E WHEREAS, Contractor, in compliance with the bidding requirements announced by the City, submitted a bid on the 4th day of March, 2004, for the total bid mount of ~ and, WHEREAS, On the 4th day of ~, the City Commission designated contractor as having submitted the bid that was most advantageous to the City and authorized the execution of this Agreement; and, WHEREAS, the Parties agree that the Project is scheduled to achieve Substantial Completion without interruption within 350 calendar days as specified in the Notice to Proceed, subject to CITY approved time extensions. NOW, THEREFORE, in consideration of these premises and the mutual conditions and covenants contained herein, the parties agree as follows: 1. AGREEMENT 1.1. The Parties agree that: 1.1.1. The foregoing "Whereas" clauses are true and correct and incorporated herein by this reference. 1.1.2. The CITY does hire and employ the CONTRACTOR to provide construction services for completion of the Project. 1.1.3. The CONTRACTOR does accept this Contract and does agree to furnish the necessary labor, tools, equipment, materials and supplies, etc., and to complete the Project by performing all the work as set forth in the this Contract and the Contract Documents for the price and amounts set forth in Contractor's bid. 1.1.4. Contractor is an independent contractor as that term is set forth in the General Conditions for Construction GC-2, INDEPENDENT CONTRACTOR. 1.1.5. Unless otherwise provided, all time frames referenced in all Contract Documents shall be calendar days. 2. SCOPE OF SERVICES 2.1. The Project consists of those improvements described and set forth in the Contract Documents. 2.2. The "Contract Documents" are the compilation of the following individual documents: 2.2.1. Advertisement for Bids 2.2.2. Instructions for Bidders 2.2.3. Bid Proposal 2.2.4. Bid Bond 2.2.5. General Conditions for Construction (GC) - all references to "GC" shall be to section numbers 2.2.6. Construction Contract 2.2.7. Certificate of Insurance 2.2.8. Public Construction Bond 2.2.9. Technical Specifications 2.2.10. Contract Drawings and Plans 2.2.11. Addenda 2.2.12. Written directives or interpretations 2.2.13. Manufacturers warranties 3. OBLIGATIONS OF CONTRACTOR 3.1. Contractor shall: 3.1.1. 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 prices as stated in the Contract Documents. 3.1.2. Perform all the work and labor pursuant to this contract and all of the materials furnished shall be in strict conformity with the Contract Documents. CONTRACTOR further accepts arid consents to the conditions contained in said Contract Documents and expressly agrees to comply with every requirement and stipulation therein contained. 3.1.3. 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 Project Manager and strictly in accordance with the Contract Documents. 3.1.4. CONTRACTOR shall furnish each subcontractor or material supplier with a copy of his Public Construction Bond within five (5) days of subcontractors' work or material supplying and shall maintain records to establish that notice. A copy of said notice shall be provided to the City's Project Manager at time of issuance. 3.1.5. Guarantee all work and materials for a period of one (1) year, as set forth in the General Conditions for Construction GC-24, WARRANTY. Warranty period shall commence with date of final acceptance as set forth in the Technical Specifications for Construction 01700, EXECUTION REQUIREMENTS.Comply with the provisions of Section 255.05, Florida Statutes, if applicable. 3.1.7. Pay promptly, before final settlement, any and all claims or liens by subcontractors or material suppliers, incurred in and about this work. 3.1.8. 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. 3.1.9. Observe and comply with the provisions of the charter, ordinances, codes and regulations of the City of Boynton Beach, Florida. 3.1.10. Obtain written approval from the CITY of all subcontractors not disclosed in the Contractor's bid document. 3.1.11. Perform such other tasks as set forth in the Contract Documents. 3.1.12. Shall provide all required bonds, insurance certificates and any other required security for performance of'the Project within ten (10) of the Award of the Project. 3.2. 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 resulting from their acts or omissions, or the acts or omissions of their subcontractors or suppliers. 4. CITY'S OBLIGATIONS 4.1. City shall provide a written Notice to Proceed at the time of the scheduled Pre- Construction Meeting. 4.2. Make timely payments for the work in accordance with the procedures and time frames set forth in the Contract Documents. 4.3. On satisfactory completion of the Project, provide a written final acceptance and payment for the entire project. 5. COMMENCEMENT OF WORK 5.1. CONTRACTOR hereby agrees to commence work under this contract within (10) calendar days of the Commencement Date specified in the written "Notice to Proceed," and to achieve Substantial Completion without interruption within 350 calendar days thereafter. 5.2. Time is the essence of the contract. In the event the CONTRACTOR shall fail to timely commence the work following Notice to Proceed or 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 the Contract Documents, the CONTRACTOR shall be liable to the CITY, as liquidated damages, the amount stipulated in Section 6.0 hereinbelow for each and every calendar day that the CONTRACTOR shall be in default of achieving certification of Substantial Completion. 5.3. CONTRACTOR shall notify the Project Engineer in writing of any change in the names and addresses of each subcontractor proposed for principal parts of work, and any changes in subcontractors from those proposed in CONTRACTOR's bid proposal, and for such others as the Project Engineer may direct, and shall not employ any that CITY may, within a reasonable time, object to as incompetent or as unfit. 6. LIQUIDATED DAMAGES 6.1. The CONTRACTOR further agrees to pay $1,000.00 per day as liquidated damages, for failure to begin within ten (10) days of CITY's issuance of the "Notice to Proceed" or failure to achieve Substantial Completion within calendar days from the Commencement Date as indicated in the written "Notice to Proceed". 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. 6.2. Punch list items recorded as a result of inspections for Substantial Completion are to be corrected by the CONTRACTOR within thirty (30) calendar days and prior to any request for Final Inspection, Testing and Acceptance as stated in the General Conditions for Construction (GC-50). If the Substantial Completion punch list items have not been corrected by the CONTRACTOR within the thirty (30) calendar day period, at the discretion of the Project Manager, Liquidated Damages may be applied as described in Section 6 above. 7. PROTECTION OF EXISTING FACILITIES AND WORK IN PROGRESS 7.1. The CONTRACTOR warrants that quoted prices include the protection and continuous use of all existing work in process, property or operations of the CITY as more particularly set forth in the Technical Specifications for Construction, 01540, SECURITY AND SAFETY PROCEDURES FOR INFRASTRUCTURE PROJECTS, and/or 01541 SECURITY AND SAFETY PROCEDURES FOR WATER TREATMENT PLANT PROJECTS. 8. INDEMNIFICATION 8.1. 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. 8.2. 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 paralegal expenses at both the trial and appellate levels) 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 in the amount of ten dollars ($10.00) sufficient to support this obligation of indemnification provided for in this paragraph. The indemnification required pursuant to the Contract shall in no event be less than $1 million per occurrence or no more than the limits of insurance required of the CONTRACTOR by the Contract, whichever is greater. It is the CITY'S and CONTRACTOR'S full intention that this provision shall be enforceable and said provision shall be in compliance with Section 725.06, Florida Statute. 8.3. 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 the General Conditions for Construction. However, the indemnification provision, and the insurance provision contained in the General Conditions for Construction are not interdependent of each other, but rather each one is separate and distinct from the other. 8.4. The obligation of the CONTRACTOR to indemnify the CITY is not subject to any offset, limitation or defense as a result of any insurance proceeds available to either the CITY or the CONTRACTOR. 9. PAYMENT BY CITY 9.1. 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 Contract Documents. 10. CHANGES IN THE WORK 10.1. 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. Ail 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. Changes in the work must be processed as set forth in the General Conditions for Construction GC-46, FIELD CHANGE DIRECTIVES/CHANGE ORDERS. 10.2. All change orders and adjustments shall be in writing and approved by the Project Manager, otherwise, no claim for extras will be allowed. 10.3. Claim of payment for extra work shall be submitted by the CONTRACTOR upon certified statement supported by receipted bills. Such statements shall be submitted for the current contract payment for the month in which the work was done. No claim for extra work shall be allowed unless same was ordered, in writing, as aforesaid and the claim presented at the time of the first estimate after the work is completed. 11. PROJECT ENGINEER 11,1, The Project Engineer ("Engineer") is Tim Sharp: P.E.: CH2M Hill. 11.2. The Project Engineer shall have general supervision and direction of the work. The Project 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 such authority in writing. He has authority to stop the work whenever such stoppage may be necessary to insure the proper execution of the Contract. 11.3. As the Project 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 with CONTRACTOR, but shall use his authority pursuant to the Contract to enforce its faithful performance by both parties. 11.4. In the event of a dispute, the role of the Project Engineer is to make recommendations to the Project Manager who shall make the final decision. 12. INSURANCE 12.1. The Contractor shall obtain and maintain insurance as set forth in the General Conditions for Construction GC-27, INSURANCE. 13. CONTRACT CONTROLS 13.1. This Contract must be construed with all other Contract Documents, a master set of which shall be maintained by the City Clerk of the CITY. In the event of a dispute, only the master set of documents, or copies thereof certified by the City Clerk, shall be used as evidence. 13.2. In the event of a conflict between the requirements or specifications set forth in the Contract Documents, the conflict shall be resolved by written interpretation by the CITY, or its representatives as set forth in the General Conditions for Construction GC-17, CONTRACT INTERPRETATION. In reconciling conflicting provisions of the Contract Documents, the Contract shall have the greatest weight, followed by the General Conditions for Construction and finally by the balance of the Contract Document 14. TIME OF ESSENCE 14.1. Inasmuch as the provisions of the Contract Documents relating to the times of performance and completion of the work are for the purpose of enabling the CITY to complete the construction of a public improvement in accordance with a predetermined program, all such time limits are of the essence of the Contract. 15. REMEDY FOR DELAY 15.1. In the event of any delay in the project caused by any act or omission of the CITY, its agents or employees, by the act or omission of any other party other than the CONTRACTOR, his agents, employees or subcontractors, or delay caused by weather conditions or unavailability of materials, the sole remedy available to CONTRACTOR shall be by extension of the time allocated to complete the project. 15.2. NO MONETARY DAMAGES SHALL BE CLAIMED OR AWARDED TO CONTRACTOR IN ASSOCIATION WITH ANY DELAY IN THE PROJECT CAUSED BY AN ACT OR OMISSION OF THE CITY, ITS AGENTS OR EMPLOYEES. CONTRACTOR ACKNOWLEDGES THIS LIMITATION ON RECOVERY AND ASSUMES ALL MONETARY RISK ASSOCIATED WITH THIS LIMITATION. CONTRACTOR hereby acknowledges that he has read and understands the above provision. INITIALS 15.3. Failure on the part 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. 15.4. All requests for extension of time to complete the work shall be made in accordance with the General Conditions for Construction GC-23, EXTENSION OF TIME/NO DAMAGES FOR DELAY. 15.5. For the purpose of this section, the phrase "the CITY, its agents and employees" shall include but shall not be limited to the Project Engineer and Project Manager. 16. DISPUTES 16.1. Disputes shall be resolved as set forth in the General Conditions for Construction GC-18, DISPUTES. 16.2 Upon resolution of a dispute by the Owner, either party may request the appointment of a mediator. IN WITNESS WHEREOF, the CITY has caused these presents to be signed by its City Manager, attested to 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 CONTRACTOR in the presence of: President or Vice President Attest as to CONTRACTOR State of Florida ) ) SS; County of Palm Beach ) On this ~ day of ,20 , personally appeared before me, duly authorized to administer oaths, known to be the persons described herein or who has produced as identification and who executed the foregoing instrument and has acknowledged before me that they have executed same. Notary Public My Commission Expires: ATTACHMENT # l BID #032-2821-04/CJD Utilities Department MAY 4, 2004 AGENDA City of Boynton Beach Project Management Team Interoffice Correspondence TO: Bill Atkins DATE: April 12, 2004 Deputy Director of Finance FROM: Paul Fleming, ~ PHONE: 6487 Senior Project Manager PROJECT: Redevelopment/Replacement Water Supply for the East Wellfield, Wells 10E - 14E Bid #032-2821-04/CJD RECEIVED SUBJECT: Recommendation for Contract Award APR 1 3 200zt PROCUREMENT S ~.~..~E S bcc: File 2.2 ' R. Kenyon B. Conboy Tim Sharp, CH2M Hill This office has reviewed the bid tabulation sheet and related information for this project/bid and hereby recommends contract award in accordance with the following data: Project Name: Redevelopment/Replacement Water Supply for the East Wellfield, Wells 10E - 14E Recommended Contractor: Southeast Ddlling Services, Inc. is the lowest bidder whose bid represents the most advantageous bid to the City, pdce and other factors considered. Award Amount: Contract award amount is $1,226,210.00. A contingency of 10% of the award amount, $122,621.00, brings the total budget appropriation to $1,348,831.00. Account Number. ~101-5000-590-96.02 VVTR115 Verification of Contractor Responsibility: The Utilities Department and CH2M Hill, our design professional, vedfied references and similar project experience. Concerns were raised during the evaluation relating to historical performance and other issues. A meeting was held with Integrity, CH2M Hill, Utilities and Procurement Services, additional follow-up work was done, but Integrity was unable to resolve some of the initial issues. The base bid from Integrity is $176,822.00 higher than the base bid from Southeast Drilling. It is the intent of the City to use an open-hole construction method, which is more cost efficient, and only use the alternate bid items if and when the wells would not support using this method. Utilities Department City of Boynton Beach Project Management Team Interoffice Correspondence We concur with CH2M Hill to award to the Southeast next Iow bidder as we anticipate we will not need to use the alternates. The bid from Southeast is $ 62,948.00 higher than Integrity but will allow the City to receive cost benefits, price and other factors considered. Compliance with the Plans and Specifications: Southeast stated no exceptions and meets all required specifications. Client Office Concurrence: Bid results were discussed with Bob Kenyon, Deputy Utilities Director, who has indicated his concurrence with the award recommendation to Southeast. After you have si.qned the A.qenda Item Request Form alon.q with Finance, please provide the City Clerk's Office with the required additional copy of these documents. If you have any questions, please contact me at 6487. Attachments: Agenda Item Cover Sheet/Checklist Agenda Item Request Letters of Recommendation from CH2M Hill (2) Procurement Tabulation Sheet (signed by Paul Fleming) ATTACHMENT #2 BID #032-2821-04/CJD MAY 4, 2004 AGENDA CH2M HILL 0,fl TOHBE tiHUTIQ'IIE$ Tel 954.426.4008 April 1,2004 ~ Fax 9,54.698.6010 181560.WR.AW Mr. Paul Fleming Senior Project Manager City of Boynton Beach 124 East Woolbright Road Boynton Beach, FL 33435 Subject: Review of the Bid Proposals for the East Wellfield Replacement Well Project and Recommendation Dear Mr. Fleming: After again reviewing all of the bids from the three contractors who submitted on the East Wellfield Replacement project, including the additional information provided by Integrity. Well and Pump, we still believe that the City should consider contracting with the second lowest bidder Southeast Drilling Services (see attached letter dated March 24, 2004). Integrity did provide additional information that substantiated their financial position and we did receive feedback from subcontractors that they had been paid in a timely fashion. However, we still have concern regarding their unbalanced bid. The intent of the City is to drill the wells with an open-hole type construction, which is the most efficient design and was the basis for the base bid items. The alternate bid items were included in the event that some of the wells would not support open-hole construction. In accordance with the Instructions to Bidders, "The City reserves the right to award the Contract for the work described by these specifications in a manner or method which will produce the most cost benefit to the City...The Contract will be awarded by the City to the most responsive, responsible Bidder whose bid represents the most advantageous bid to the City, price and other factors considered." Therefore, by awarding the contract to Southeast Drilling Services, the City receives the most cost benefit, assuming that the wells are all constructed as open hole. Please advise me if you have any questions. As always, we appreciate the opportunity to be of service to the City. Sincerely, CH2M HILL Timoth~ Project Manager and Senior Hydrologist DFB310036961776.doc/040920040 c: Rick Olson/CH2M HILL R E C E I V E D ATTACH~MENT #3 " APR ~ 3 ~ BID #032-2821-04/CJ-D pROCURE,MF..N~/~iCE~ MAY 4, 2004 AGENDA Oeerfield Beach, FL 33441-1831 C H 2M H I L L ,., 0...6.4~ ~ Fax 954,698.6610 March 24,2004 Mr. Paul Fleming Senior Project Manager City of Boynton Beach 124 East Woolbright Road Boynton Beach, FL 33435 Subject: Bid Tabulation for the East Wellfield Replacement Well Project and Recommendation Dear Mr. Fleming: We have reviewed the bids from the three contractors who submitted on the East Wellfield Replacement project and have found that they all appear to have submitted the required information with their bid. The exceptions were that Southeast Drilling had miscalculated their bid price on well 14E (Schedule E) by $400, and Integrity Well and Pump Company did not submit a schedule. However, the error in Schedule E for Southeast did not effect the final bid results, and Integrity subsequently followed up with a schedule in a second submittal. The following summarizes the final bids and attached is the complete bid tabulation: Base Bid and Bidder General Conditions Alternates Total Bid Integrity Well and Pump Company $1,063,002 $100,250 $1,163, 262 Southeast Drilling Services $886,200 $340,000 $1,226,210 Florida Design Contractors $1,180,200 $472,000 $1,652,210 Engineer's Opinion of Cost $775,700 $387,038 $t ,162,748 Based on the bids from the above three contractors, the lowest bidder is Integrity Well and Pump Company. However, based on some additional due diligence in following up with references and our own in house staff, and by reviewing the bid more closely, we believe that the City should consider contracting with the second lowest bidder Southeast Drilling Services. The reasons for this recommendation are as follows: · There appears to be some imbalance in Integrity's overall bid. Integrity's base bid, including general conditions, is $176,822 more than the same base bid from Southeast. · There also appears to be an imbalance with the line item prices on Integrity's bid forms: Mr. Paul Fleming Page 2 March 24, 2004 - Their price for drilling a 12-inch diameter pilot hole (e.g., Bid Item 10.1) in the base bid is $225 per foot, while all other prices are between $35 and $80 per foot. - Their price for reaming a 26-inch diameter borehole (e.g., Bid Item 10.3) in the base bid is $125 per foot, while their price in the Alternates (A.1) for drilling a 36-inch diameter borehole is $25 per foot. - Their price for a 12-inch diameter stainless steel screen and gravel was $72 per foot, while all other prices are between $250 and $325 per foot. In addition, the price for 16-inch diameter stainless steel screen is even less at a price of $15 per foot, while all other prices are between $340 and $410 per foot. · In addition, except for the work Integrity performed in Virginia and in Orlando, there appears to have been some problems on projects in the south Florida area, including their inability to meet schedules, delayed payment of subcontractors, tile appearance of old drilling equipment, and an apparent lack of understanding of south Florida drilling conditions. In summary, based on past performance and their unbalanced bid, we recommend that the City award the contract to Southeast Drilling Services, as the bidder with the lowest base bid price, and most responsive and responsible bid that meets all specifications. Therefore, it is our belief that Southeast's bid is in the best interest of the City Please advise me if you have any questions. As always, we appreciate the opportunity to be of service to the City. Sincerely, CH2M HILL · rolo 'st Prolect Manager and Semor Hyd g~ DFB310036961735.doc/040840003 c: Rick Olson/CH2M HILL VI.-CONSENT AGENDA CITY OF BOYNTON BEACH ITEM B.3. AGENDA ITEM REQUEST FOE Requested City Commissio~ Date Final Form Must be Turned Requested City Commission Date Final Form Must be Tum~ in Meeting Dales in to City CI .erk's Office Meeting Dates to City Clerk's Office [] April 6, 2004 March 15, 2004 (Noon.) [] June 1, 2004 May 17, 2004 (Noon) [] April 20, 2004 April 5, 2004(Noon) [] June 15, 2004 May31, 2004(Noo~) ~', May 4, 2004 April 19, 2004 (Noon) [] July 6, 2004 June 14, 2004 (Noon) ~ May 18, 2004 May 3, 2004 (Noon) [] July 20, 2004 July 5, 2004 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manzgcr's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Motion to award Bid 0033-2821-04/JA, "WEST WELLFIELD DEVELOPMENT", to Florida Design Contractors, Inc. (FDC) and to execute a contract by resolution in the amount of $ 847,960.00. Also, approve an owner's contingency of 10% in the amount of $ 84,796.00 for a total project budget appropriation of $ 932,756.00. EXPLANATION: The western wellfield consists of both active and inactive production wells designed to supply raw water to the West Water Treatment Plant (WWTP) from the surficial aquifer. Four (4) of the wells (4W, 5W, 6W, 13W) were drilled in 1991 for future use but have never been put into production. These four (4) wells will provide additional raw water to the WWTP for current and future needs. On March 15, 2003, the City Commission approved Task Order ~01-09 for Metcalf & Eddy to supply services at the west Wellfield that included a sand source study (the WWTP is experiencing an increase in the amount of sand in the transmission lines, causing premature plugging of cartridge filters and increased operational costs), televise the well casings and water transmission lines, develop a sand reduction plan and prepare bid specifications for this project. Revised 4/20/04 S:~BULLETINWORMSkAGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM PROGRAM IMPACT: The project includes placing inactive Wells 4W, SW, 6W, and 13W into service and modifications to Wells 1W and 12W providing the raw water supply necessary to sustain the projected potable water demands and the expansion of the WWTP. Five (5) competitive bids were received and opened by Procurement Services on March 25, 2004. All bid proposals were submitted to Utilities and Metcalf & Eddy, our design professional for review and evaluation. During the evaluation of the bid proposals, an error was discovered in the calculation of Bid Item 01 in four (4) of the five (5) proposals (Bid Item #1 - mobilization, demobilization and cost of the general conditions). The Technical Specifications state that this bid item cannot exceed 8% of the base bid. Even though Bid Item #1 for FDC exceeds the 8% by $5,604.00, their bid is $106,196.00 lower than the second lowest bid of $ 943,306.00. We concur with Metcaif & Eddy (see Attachments #1 & 02) and recommend FDC as the lowest, most responsive, responsible bidder who meets all specifications and whose bid represents the most advantageous bid to the City, price and other factors considered. FISCAL IMPACT: Funds are available in the Utilities R&R Account #'s 401-5000-590-96.02 WTR075 and Utilities CIP Account #401-5000-590-96.01 WTRll4 for the contract amount of $ 847,960.00 and a 10% contingency of $ 84,796.00 for a total budget appropriation of $ 932,756.00. ALTERNATIVES: There is no alternative due to the increased amount of sand intrusion in the transmission lines to the WWTP. The expansion of the WWTP is contingent upon the ability to supply raw water from the surficial aquifer. Additionally, with the upcoming Phase 4 expansion of the WWTP, ali wells within the west Wellfieid must produce the best raw water in the needed quantities to meet current and future demand of our customers and community. Revised 4/20/04 S:'~BULLE~RMb-'~(3ENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM ~- Dale sugar'lan, ~t~ ' Kurt Bressner, -Assistant City Manager i/' I City Manager Utilities Department Department Name ~z- Ci[y-A(~'rney / Finance'/Human Resources Attachments bc: Dale Sugerman, Assistant City Manager cc: Paul Fleming, Sr. Project Manager Bob Kenyon, Deputy Utilities Director John Reynolds, Weft Maintenance Supervisor Procurement Services Utilities File Revised 4/20/04 S:~BULLETIN~ORMS~AGENDA ITEM REQUEST FORM. DOC 1 2 RESOLUTION NO. R04- 4 A RESOLUTION OF THE CITY OF BOYNTON 5 BEACH, FLORIDA, APPROVING THE AWARD OF 6 BID #033-2821-04/JA TO FLORIDA DESIGN 7 CONTRACTORS, INC., (FDC), FOR WEST 8 WELLFIELD DEVELOPMENT IN THE AMOUNT 9 OF $847,960.00; AUTHORIZING THE CITY 10 MANAGER TO EXECUTE CONTRACT 11 DOCUMENTS; AND PROVIDING AN EFFECTIVE 12 DATE. 14 WHEREAS, five competitive bids were received and opened by Procurement 15 Services on March 25, 2004, for the West Wellfield Development, and together with 16 Metcalf & Eddy., our design professional, staff is recommending the award to Florida 17 Design Contractors, Inc., (FDC) as the lowest, most responsive, responsible bidder 18 who meets all specifications; 19 NOW, THEREFORE, BE IT RESOLVED BY THE CITY 2O COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 21 Section 1. The City Commission of the City of Boynton Beach, Florida, 22 hereby approves the award of Bid #033-2821-04/JA to Florida Design Contractors, 23 Inc., (I~DC) for the West Wellfield Development, and does hereby authorize the City 24 Manager to execute a contract in the amount of $847,960.00, a copy of which 25 Contract is attached hereto and made a part hereof. 26 Section 2. That this Resolution shall become effective immediately. 27 S:\CA~F{ESO~Agreements\Bid Awards~,ward of Bid - FDC - West Wellfield.doc PASSED AND ADOPTED this __ day of May, 2004. 2 3 CITY OF BOYNTON BEACH, FLORIDA 4 5 6 Mayor 7 8 9 Vice Mayor 10 12 Commissioner 15 Commissioner 16 18 Commissioner 19 ATTEST: 20 22 City Clerk 23 24 (Corporate Seal) 25 26 27 28 S:\C^\RESOV~,greements~Bid Awards~Award of Bid - FDC - West Wellfield.doc BID TITLE: WE,qT WEIJ,FIEI,D DEVEI,OPMENT BID NUMBER: 033-2821-04/JA PROJECT NUMBER: WTR075 & WTR114 CITY OF BOYNTON BEACH, FLORIDA CONTRACT FOR CONSTRUCTION SERVICES THIS CONTRACT, made and entered into this 4TH day of ~, by and between the CITY OF BOYNTON BEACH, a municipal corporation of Florida, hereinafter called the "CITY" or "OWNER" and FLORIDA DESIGN CONTRACTORS, INC. a Florida Corporation ( X ) Check One a Florida General Partnership ( ) a Florida Limited Partnership ( ) a Sole Proprietor ( ) hereinafter called "CONTRACTOR". WITNESSETH WHEREAS, The City has heretofore invited bids for a City construction project ("Project") identified by the bid title, bid number and project number listed above and commonly referred to as: WEST WELLFIELD DEVELOPMENT WHEREAS, Contractor, in compliance with the bidding requirements announced by the City, submitted a bid on the 1 ! TH day of hI~REJ:L_2,i[~ for the total bid amount of ~d2,35~; and, WHEREAS, On the ~ of ~, the City Commission designated contractor as having submitted the bid that was most advantageous to the City and authorized the execution of this Agreement; and, WHEREAS, the Parties agree that the Project is scheduled to achieve Substantial Completion without interruption within 141 calendar days as specified in the Notice to Proceed, subject to CITY approved time extensions. NOW, THEREFORE, in consideration of these premises and the mutual conditions and covenants contained herein, the parties agree as follows: c-I Utilities Department Rev. 12/30/03 1. AGREEMENT 1.1. The Parties agree that: 1.1.1. The foregoing "Whereas" clauses are true and correct and incorporated herein by this reference. 1.1.2. The CITY does hire and employ the CONTRACTOR to provide construction services for completion of the Project. 1.1.3. The CONTRACTOR does accept this Contract and does agree to furnish the necessary labor, tools, equipment, materials and supplies, etc., and to complete the Project by performing all the work as set forth in the this Contract and the Contract Documents for the price and amounts set forth in Contractor's bid. 1.1.4. Contractor is an independent contractor as that term is set forth in the General Conditions for Construction GC-2, INDEPENDENT CONTRACTOR. 1.1.5. Unless otherwise provided, all time frames referenced in all Contract Documents shall be calendar days. 2. SCOPE OF SERVICES 2. I. The Project consists of those improvements described and set forth in the Contract Documents. 2.2. The "Contract Documents" are the compilation of the following individual documents: 2.2.1. Advertisement for Bids 2.2.2. Instructions for Bidders 2.2.3. Bid Proposal 2.2.4. Bid Bond 2.2.5. General Conditions for Construction (GC) - all references to "GC" shall be to section numbers 2.2.6. Construction Contract 2.2.7. Certificate of Insurance 2.2.8. Public Construction Bond 2.2.9. Technical Specifications 2.2. I0.Contract Drawings and Plans 2.2.11. Addenda 2.2.12. Written directives or interpretations 2.2.13. Manufacturers warranties C-2 Utilities Department Rev. 12/30/03 3. OBLIGATIONS OF CONTRACTOR 3.1. Contractor shall: 3.1.1. 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 prices as stated in the Contract Documents. 3.1.2. Perform all the work and labor pursuant to this contract and all of the materials furnished shall be in strict conformity with the Contract Documents. CONTRACTOR further accepts and consents to the conditions contained in said Contract Documents and expressly agrees to comply with every requirement and stipulation therein contained. 3.1.3. 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 Project Manager and strictly in accordance with the Contract Documents. 3.1.4. CONTRACTOR shall furnish each subcontractor or material supplier with a copy of his Public Construction Bond within five (5) days of subcontractors' work or material supplying and shall maintain records to establish that notice. A copy of said notice shall be provided to the City's Project Manager at time of issuance. 3.1.5. Guarantee all work and materials for a period of one (1) year, as set forth in the General Conditions for Construction GC-24, WARRANTY. Warranty period shall commence with date of final acceptance as set forth in the Technical Specifications for Construction 01700, EXECUTION REQUIREMENTS.Comply with the provisions of Section 255.05, Florida Statutes, if applicable. 3.1.7. Pay promptly, before final settlement, any and all claims or liens by subcontractors or material suppliers, incurred in and about this work. 3.1.8. 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-3 Utilities Department Rev. 12/30/03 3.1.9. Observe and comply with the provisions of the charter, ordinances, codes and regulations of the City of Boynton Beach, Florida. 3.1.10. Obtain written approval from the CITY of all subcontractors not disclosed in the Contractor's bid document. 3.1.11. Perform such other tasks as set forth in the Contract Documents. 3.1.12. Shall provide all required bonds, insurance certificates and any other required security for performance of the Project within ten (10) of the Award of the Project. 3.2. 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 resulting from their acts or omissions, or the acts or omissions of their subcontractors or suppliers. 4. CITY'S OBLIGATIONS 4.1. City shall provide a written Notice to Proceed at the time of the scheduled Pre- Construction Meeting. 4.2. Make timely payments for the work in accordance with the procedures and time frames set forth in the Contract Documents. 4.3. On satisfactory completion of the Project, provide a written final acceptance and payment for the entire project. 5. COMMENCEMENT OF WORK 5.1. CONTRACTOR hereby agrees to commence work under this contract within (10) calendar days of the Commencement Date specified in the written "Notice to Proceed," and to achieve Substantial Completion without interruption within 14! calendar days thereafter. 5.2. Time is the essence of the contract. In the event the CONTRACTOR shall fail to timely commence the work following Notice to Proceed or 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 the Contract Documents, the CONTRACTOR shall be liable to the CITY, as liquidated damages, the amount stipulated in Section 6.0 hereinbelow for each and every calendar day that the CONTRACTOR shall be in default of achieving certification of Substantial Completion. c-4 Utilities Department Rev. 12/30/03 5.3. CONTRACTOR shall notify the Project Engineer in writing of any change in the names and addresses of each subcontractor proposed for principal parts of work, and any changes in subcontractors from those proposed in CONTRACTOR's bid proposal, and for such others as the Project Engineer may direct, and shall not employ any that CITY may, within a reasonable time, object to as incompetent or as unfit. 6. LIQUIDATED DAMAGES 6.1. The CONTRACTOR further agrees to pay $1,500.00 per day as liquidated damages, for failure to begin within ten (10) days of CITY's issuance of the "Notice to Proceed" or failure to achieve Substantial Completion within 141 calendar days from the Commencement Date as indicated in the written "Notice to Proceed". 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. 6.2. Punch list items recorded as a result of inspections for Substantial Completion are to be corrected by the CONTRACTOR within thirty (30) calendar days and prior to any request for Final Inspection, Testing and Acceptance as stated in the General Conditions for Construction (GC-50). If the Substantial Completion punch list items have not been corrected by the CONTRACTOR within the thirty (30) calendar day period, at the discretion of the Project Manager, Liquidated Damages may be applied as described in Section 6 above. 7. PROTECTION OF EXISTING FACILITIES AND WORK IN PROGRESS 7.1. The CONTRACTOR warrants that quoted prices include the protection and continuous use of all existing work in process, property or operations of the CITY as more particularly set forth in the Technical Specifications for Construction, 01540, SECURITY AND SAFETY PROCEDURES FOR INFRASTRUCTURE PROJECTS, and/or 01541 SECURITY AND SAFETY PROCEDURES FOR WATER TREATMENT PLANT PROJECTS. 8. INDEMNIFICATION 8.1. 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. C-5 Utilities Department Rev. 12/30/03 8.2. 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 paralegal expenses at both the trial and appellate levels) 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 in the amount of ten dollars ($10.00) sufficient to support this obligation of indemnification provided for in this paragraph. The indemnification required pursuant to the Contract shall in no event be Iess than $1 million per occurrence or no more than the limits of insurance required of the CONTRACTOR by the Contract, whichever is greater. It is the CITY'S and CONTRACTOR'S full intention that this provision shall be enforceable and said provision shall be in compliance with Section 725.06, Florida Statute. 8.3. 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 the General Conditions for Construction. However, the indemnification provision, and the insurance provision contained in the General Conditions for Construction are not interdependent of each other, but rather each one is separate and distinct from the other. 8.4. The obligation of the CONTRACTOR to indemnify the CITY is not subject to any offset, limitation or defense as a result of any insurance proceeds available to either the CITY or the CONTRACTOR. 9. PAYMENT BY CITY 9.1. 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 Contract Documents. c-6 Utilities Department Rev. 12/30/03 10. CHANGES IN THE WORK 10.1. 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. Changes in the work must be processed as set forth in the General Conditions for Construction GC-46, FIELD CHANGE DIRECTIVES/CHANGE ORDERS. 10.2. All change orders and adjustments shall be in writing and approved by the Project Manager, otherwise, no claim for extras will be allowed. 10.3. Claim of payment for extra work shall be submitted by the CONTRACTOR upon certified statement supported by receipted bills. Such statements shall be submitted for the current contract payment for the month in which the work was done. No claim for extra work shall be allowed unless same was ordered, in writing, as aforesaid and the claim presented at the time of the first estimate after the work is completed. 11. PROJECT ENGINEER 1 I. 1.The Project Engineer ("Engineer") is Jay Ameno, P.E.,. Metealf & l*,ddy. 11.2. The Project Engineer shall have general supervision and direction of the work. The Project 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 such authority in writing. He has authority to stop the work whenever such stoppage may be necessary to insure the proper execution of the Contract. 11.3. As the Project 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 with CONTRACTOR, but shall use his authority pursuant to the Contract to enforce its faithful performance by both parties. 11.4. In the event of a dispute, the role of the Project Engineer is to make recommendations to the Project Manager who shall make the final decision. C-7 Utilities Department Rev. 12/30/03 12. INSURANCE 12.1. The Contractor shall obtain and maintain insurance as set forth in the General Conditions for Construction GC-27, INSURANCE. 13. CONTRACT CONTROLS 13.1. This Contract must be construed with all other Contract Documents, a master set of which shall be maintained by the City Clerk of the CITY. In the event of a dispute, only the master set of documents, or copies thereof certified by the City Clerk, shall be used as evidence. 13.2. In the event of a conflict between the requirements or specifications set forth in the Contract Documents, the conflict shall be resolved by written interpretation by the CITY, or its representatives as set forth in the General Conditions for Construction GC-17, CONTRACT INTERPRETATION. In reconciling conflicting provisions of the Contract Documents, the Contract shall have the greatest weight, followed by the General Conditions for Construction and finally by the balance of the Contract Document 14. TIME OF ESSENCE 14.1. Inasmuch as the provisions of the Contract Documents relating to the times of performance and completion of the work are for the purpose of enabling the CITY to complete the construction of a public improvement in accordance with a predetermined program, all such time limits are of the essence of the Contract. 15. REMEDY FOR DELAY 15.1. In the event of any delay in the project caused by any act or omission of the CITY, its agents or employees, by the act or omission of any other party other than the CONTRACTOR, his agents, employees or subcontractors, or delay caused by weather conditions or unavailability of materials, the sole remedy available to CONTRACTOR shall be by extension of the time allocated to complete the project. 15.2. NO MONETARY DAMAGES SHALL BE CLAIMED OR AWARDED TO CONTRACTOR IN ASSOCIATION WITH ANY DELAY IN THE PROJECT CAUSED BY AN ACT OR OMISSION OF THE CITY, ITS AGENTS OR EMPLOYEES. CONTRACTOR ACKNOWLEDGES THIS LIMITATION ON RECOVERY AND ASSUMES ALL MONETARY RISK ASSOCIATED WITH THIS LIMITATION. C-8 Utilities Department Rev. 12/30/03 CONTRACTOR hereby acknowledges that he has read and understands the above provision. INITIALS 15.3. Failure on the part 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. 15.4. All requests for extension of time to complete the work shall be made in accordance with the General Conditions for Construction GC-23, EXTENSION OF TIME/NO DAMAGES FOR DELAY. 15.5. For the purpose of this section, the phrase "the CITY, its agents and employees" shall include but shall not be limited to the Project Engineer and Project Manager. 16. DISPUTES 16.1. Disputes shall be resolved as set forth in the General Conditions for Construction GC-18, DISPUTES. 16.2 Upon resolution of a dispute by the Owner, either party may request the appointment of a mediator. C-9 Utilities Department Rev. 12/30/03 IN WITNESS WHEREOF, the CITY has caused these presents to be signed by its City Manager, attested to 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 FLORIDA DESIGN CONTRACTORS, INC. in the presence of: President or Vice President Attest as to CONTRACTOR State of Florida ) ) SS.' County of Palm Beach ) On this ~ day of ,20 , personally appeared before me, duly authorized to administer oaths, known to be the persons described herein or who has produced as identification and who executed the foregoing instrument and has acknowledged before me that they have executed same. Notary Public My Commission Expires: C-10 Utilities Department Rev. 12/30/03 ATTACHMENT #1 BID #033-2821-04/JA Utilities Department AGENDA 05/04/04 City of Boynton Beach Project Management Team Interoffice Correspondence TO: Bill Atkins DATE: Revised 4/20/04 Deputy Director of Finan~n n ~ FROM' Paul Fleming, ~' ~r~/~/r/~/,~~-~ P.O.E · 6487 Senior Project ManageL/- PROJECT: West Wellfield Development SUBJECT: Recommendation of Contract Award bcc: File 2.2 R. Kenyon B. Conboy Jim Penkosky, Metcaff & Eddy This office has reviewed the bid tabulation sheet and related information for this project/bid and hereby recommends contract award in accordance with the following data: Project Name: West Wellfield Development Recommended Contractor. Florida Design Contractors, Inc. (FDC). FDC is the lowest bidder for Bid ~)33-2821-04/JA whose bid represents the most advantageous bid to the City, pdce and other factors considered. Award Amount: Contract award amount is $ 847,960.00. A contingency of 10% of the award amount, $ 84,796.00, that bdngs the total budget appropriation to $ 932,756.00. Errors were discovered in four (4) of the five (5) proposals regarding the 8% calculation for mobilization/demobilization and general conditions (Bid item #1). FDC exceeded the 8% by $5,604.00; however, they remain the lowest bid by $106,196.00. It is in the best interest of the City to accept the bid from FDC Uas is". It was mutually agreed that it was more advantageous to accept the bid due to the substantial cost savings and the possibility of a re-bid. On Apdl 20, 2004 a pre-award recommendation meeting was held with Thomas Clarke and Greg Williams from Florida Design Contractors; Jim Penkosky and Jay Ameno from Metcalf & Eddy; and Bob Kenyon, John Reynolds, Paul Fleming and Karen Riseley, Utilities. Flodda Design was concerned over the interpretation of the 8% amount for Bid Item #1 and after discussion, there was a mutual agreement to recommend FDC for the award based on the information provided by Metcalf & Eddy since three other bidders also misinterpreted Bid Item #'1. The payment procedure for lump sum items was also discussed. FDC will be required to submit milestones for the percentage of work completed under each lump sum amount and will not be permitted to "top load" the lump sum (ask for the largest portion of the amount in the first payment, but prorate the payments accordingly). Utilities Department City of Boynton Beach Project Management Team Interoffice Correspondence Account Number: #.401-5000-590-96.02 WTR075 and #401-5000-590-96.01 WTR114, Verification of Contractor Responsibility: The Utilities Department and Metcalf & Eddy, our design professional have verified that FDC has experience with similar projects and received favorable references. Compliance with the Plans and Specifications: FDC stated no exceptions and meets all required specifications. Client Office Concurrence: Bid results were discussed with Bob Kenyon, Deputy Utilities Director, who has indicated his concurrence with the award recommendation to FDC. A.fter you sign the Agenda Item Request Form along with Finan ,ce, please provide the City Clerk's Office with the required additional copy of these documents. If you have any questions, please contact me at 6487. Attachments: Agenda Item Cover Sheet/Checklist Agenda Item Request Letter of Recommendation from Metcalf & Eddy Letter from Florida Design Contractors, Inc, Procurement Tabulation Sheet (signed by Paul Fleming) METCALF EDDY Fax:9544505100 Apr 20 2004 15:25 P. 02 ATTACHMENT #2 BID #033-2821-01/JA AGENDA 05/04/04 bletcalf & Eddy 3z40 ~xecuti~ way Miramar, FL 33025 A~I 20, 2004 T~: 954-45o-777o Fa~: 954-450-51 ~ Mr. Paul M. Fl~ng ~.m-o.~o~ S~or ~j~t M~ag~r Ci~ of Bo~n Beth 124 E. Woolbfi~t Road Boston B~h, Florida 33435 Re: ~-R~o~tion Mee~g W~t Wcllfield Developm~t Bid N~b~: 033-2821-04/JA M&E T~k ~d~ g01-09 D~ ~. Flem~g: T~y, a p~-rcco~da~on mc~ing w~ held b~e~ ~e City, M&E, md Flofi~ Desi~ Con~to~ to ~scms bid it~ ~1 in relation to ~c value allow~ ~ ~e S~h~ulc of Bid Items. ~ sho~, Florida Deai~ com~da ~e is ~bi~ty beaten ~e dcscfip~on for bid it~ I md th~ ~lowable v~ue when subtot~ing ~c bid. Wc conc~ ~ may bc mom for ~ffcrcnt ~t~mtations. ~crcfore, we ~vc re-evaluated each bid pmvi~ng a cfit~a wh~e bid it~ 1 would be limit~ to 8% of ~e ~t~ bid. All bid~ me~ ~is criteria, ~d Flo~ Dc~i~ Conjurors r~ ~e low~st respo~ivc biddy. We ~ o~ re~~on of Flofi~ Desi~ Con~o~, ~c. for bid aw~ on the rgf~nced pmj~t in ~ ~o~t of $847,960. Plc~c contact mc wi~ ~y questions or eo~ts at 954-450-5159. S~c~ly, ~TC~F & EDDY, ~C. cc: Bob Kenyon - Boynton Beach Karen Riseley - Boynton Beach Jay Ameno, P.E. - M&E P:\l~gineea'ins\Bo~ntonBeach\Boynton 2001-~\to01-09 welLtield\pflM, O420, doc BID TABULATION BID · 033-282t-04;JA CITY OF BO~I4TON B~&.GH WEST WE~LFIELD DEVELOPMENT inohd~ f~l~p (tpjs~,xi~b-4-.~ * b~bd~S rdfi~p (.pj~x~,~de~ l-),'J ~1~ ~1~ , J ~ D~opmeut - l~ I~A tk~u~ 'lgA H~ ~ WeB D~ I b~ JGmes G. Penk~ky, P.E. VL-CONSENT AGENDA ~TEM C. 1. CITY OF BOYNTON BEA AGENDA ITEM REQUEST F~,~v~ ~ City C~n~a~isaion Dat~ Final Form Must be Turned Requited Cit~' Commission Da~ Final Form Must be Turned in Meaning Dat~ in to City Cl~k's Offi~ Meetin~ Da~a to .Cit~' Cl~-k's Office [] Apri16,2004 March 15,2004(Noon.) [] ./uae 1,2004 May 17,2004(Noon) [] A1~i120, 2004 AprilS, 2004(No~) [] Jun~15, 2004 May 31, 2004 ~loon) [] May4,2004 Alnillg, 2004(Noon) [] Suly6,2004 lun~14, 2004 (Noon) --< c~-rl [] May 18, 2004 May3, 2004(Noon) [] July20, 2004 JulyS, 2004(Noon) [] gd~mini~"ativ¢ [] L~gal NATURE OF [] Annotmoealaent [] NeW ~ AGENDAITEM [] City M_anager'sReport [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance~tI~gal Sgttlgmgnlz [] Unfinished I~COMM~NDATION: Motion to approve the repeal of Resolution No. R03-105, a Resolution of Necessity for the taking of property on or near North Railroad Avenue. EXPLANATION: The City Commission adopted this Resolution of Neces$~ on Octol~r 7, 2003, as part of the stormwater drainage improvement efforts on North Railroad Avenue. Wo~ng with our Consulting Engineer's, city staff has bean able to redesign the project, such that we will not need to acquire any property for purposes of surface storaoe and retention. PROGRAM IMPACT: The adoption of this Resolution will negate the n~ci to acquire any land which was part of this o~iginal Resolution of FISCAL IMPACT: None ALTERNATIVES: None. This property is not needed; therefore, th~ Resolution of Necessity should I~ cancelled. Department H61~l's Signature City Manager's Signature t~am~aeat Nam~ /' ' City ^~ / Vi~_,,ce_ / S:~3ULLETINWORMS~kGENDA ITEM REQUEST FORM,DOC 1 RESOLUTION NO. 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, REPEALING NECESSITY RESOLUTION NO. 5 R03-165; PROVIDING FOR CONFLICTS; SEVERABILITY, 6 AND PROVIDING AN EFFECTIVE DATE. 7 8 WHEREAS, on October 7, 2003, the City Commission adopted Necessity 9 Resolution No. R03-165 authorizing the acquisition of the properties designated as 10 Parcels 2A, 2B, 2C, 3, 5,6, 7 and 9; and 11 WHEREAS, pursuant to Resolution No. R03-165, it was determined by the 12 City Commission that the acquisition of the subject properties was necessary to 13 construct a drainage/retention pond; and 14 WHEREAS, City Staff has determined that the acquisition of the subject 15 properties is not necessary based upon the reengineering of the project by the 16 Consulting Engineer; and 17 WHEREAS, the City Commission deems it to be in the best interests of the 18 citizens and residents of Boynton Beach to repeal Resolution No. R03-165. 19 NOW, THEREFORE, BE IT RESOLVED BY THE CITY 2 0 COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: 21 SECTION1. The foregoing "WHEREAS" clauses are hereby 2 2 ratified and confirmed as being true and correct and or hereby incorporated herein. 2 3 SECTION 2. Resolution No. R03-165 is repealed. 24 SECTION 3. All resolutions or parts of resolutions in conflict 2 5 herewith are hereby repealed to the extent of such conflict. 2 6 SECTION 4. If any clause, section, other part, or application of this 27 Resolution is held by any court of competent jurisdiction to be unconstitutional or 28 invalid, in part or application, it shall not affect the validity of the remaining Page 1 of 2 ~: \CA\RESO\KE - repealing necessity, doc i portions or applications of this Resolution. 2 SECTION 5. This Resolution shall become effective immediately 3 upon its passage and adoption. 4 5 PASSED AND ADOPTED this __ day of May, 2004. 7 CITY OF BOYNTON BEACH, FLORIDA 8 10 Mayor 13 14 Vice Mayor 16 18 Commissioner 19 20 21 22 Commissioner 23 24 25 26 Commissioner 27 28 29 30 City Clerk 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Page 2 of 2 S: \CA\RESO\KE - repealing necessity.doc V.L-CONSENT AGENDA CITY OF BOYNTON BE/ ITEM C. 2. AGENDA ITEM REQUEST _ Requested City Commi~ion Date Final Form Must be Turned Reque~xl City Commission Date Final Form Must be Turned in Meeting Dates in to City Clerk's Office Meeting Dates to City Clerk's Office [] April 6, 2004 March 15, 2004 (Noo~) [] June 1, 2004 May 17, 2004 (Noon) [] April20,2004 April 5, 2004 (Noo~) [] June l~, 2004 may 31, 2004 (Noon) [] May 4, 2004 April 19, 2004 (Noon) [] July 6, 2004 June 14, 2004 (Noo~) [] MaylS, 2004 May 3, 2004 (Noon) [] July20,2004 JulyS, 200n(Noon) .1:" _~.-~ [] AdminisWative [] Legal NATURE OF [] Announcement [] New Business AGENDAITEM [] City Manoger's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Motion to approve and execute by Resolution free (5) individual task orders for the East Water Treatment Plant Expansion (EPX), Stage 1, Phase 1 Project totaling $1,324,702.00. Also, approve an owner's contingency of 5% in the amount of $ 66,235.10 for a total budget appropriation of $1,390,957.10. The owner's contingency of 5% will be applied to individual task orders on an "as needed basis". Each Consultant will be contracted individually and will be responsible for the scope of the work developed within their task order as follows: · Globaltech, Inc.- Program Management CH2M Hill, Inc. - Upper Floridan Aquifer Wellfield Development · Kimley-Horn and Associates - Water Treatment Plant Design and Site Plan Development · Metcalf & Eddy - Off-Site Pipelines Development · Arcadis G&M, Inc. - Membrane Concentrate Disposal Development S:~BULLETINkFORMS~,GENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM PROGRAM IMPACT: On April 12, 2004, the City Commission attended a workshop presented by the Water Resources Leadership Team. At that time, a Project Master Schedule was reviewed to demonstrate the department's intention to synchronize project activities to avoid water shortages and/or restrictions that would impact our customers and communities. An approved and agreed-to Project Master Schedule is attached for reference (Exhibit 'A'). The EPX project will be delivered in two (2) stages to accomplish the need for alternative water sonrces. Staee 1 - CmT. e.nt. ~Schedule May 2004 through August 2008 · Siting study for ten (10) new raw water Upper Floridan wells to provide a total of 21.3 mgd of raw water used to produce 16 mgd of membrane permeate water for the build-out plant capacity and two (2) pilot wells (with monitoring wells). · New raw water main. New LPRO facility with 8 mgd of membrane permeate capacity, expandable to 16 mgd permeate at build-out plant site including a new 5 MG ground storage tank. · New membrane concentrate waste disposal system. It is the intention of the Utilities Department to implement Stage 1 of the EPX project in two (2) phases to identify and develop alternative raw water sources, Phase I - Conceptual/Preliminary Design and Phase 2 - Design and Construction. The initial task orders for Phase 1, are the first step toward meeting the more stringent restrictions for the City's WUP required by the SFWMD beginning August 2008. Phase 2 services are to be provided in subsequent task orders following the completion of Phase 1. Stage 2 - Current Schedule August 2008 through December 2013 · Addition of an 8 mgd build-out expansion of LPRO treatment capacity Addition of a second 5 MG ground storage tank Decommissioning of existing lime softening plant S:~BULI~TIN~FORMS~GENDA ITEM REQUEST FORM.~ CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM EXPLANATION: As required by the City's Water Use Permit OVUP), issued by the South Florida Water Management District (SFWMD) on August 14, 2003, the City is implementing a plan of action to begin replacing lost wellfield capacity due to withdrawal restrictions from the surficial aquifer in our eastern wellfield. This plan of action requires the City to begin withdrawing and processing raw water for our potable water supply from the Upper Floridan aquifer by August 2005 and to plan for and implement withdrawal reductions out of the eastern wellfield from the surficial aquifer (due to concerns of saltwater intrusion). SFWMD encourages the use of the Upper Floridan aquifer as an alternative water source, since currently there are no withdrawal restrictions or limitations for the Upper Floridan aquifer. Utilization of the Upper Floridan aquifer water will require a muiti-faceted project team approach involving siting of potential supply wells including pilot wells for aquifer testing (flow characteristics and raw water quality), cross-country raw water pipelines, a new water treatment process (Low Pressure Reverse Osmosis, commonly referred to as LPRO) including an above ground storage tank and disposal of the concentrate (a "rejected" liquid bi-product, high in chlorides). To implement Stage I of the EPX project, the Utilities Department has chosen a team of five (5) consultants to provide professional services and serve as a highly qualified team focused on the project's mission and goals. The five (5) team members were chosen from the list of qualified Consultants/Engineers under the terms and conditions for the Request for Qualifications g065- 2821-03/CJD, approved by the City Commission on November 18, 2003. Consultants were chosen for the five (5) separate and distinct activities to take advantage of each Consultant's resources and specialization. The expression of ideas or concerns among ali EPX project team members has been established to provide the best work product possible. The Utilities Department, Senior Project Manager, will provide direction for the EPX project team while Globaltech, Inc. will serve as the overall program manager by providing day-to-day management, technical oversight and coordination with the other EPX project team members. The existing EWTP is a lime softening plant that was constructed in 1963. The lime softening process is not capable of properly treating the brackish raw water from the Upper Floridan aquifer. The City intends to continue to use the surficial aquifer as its primary raw water source and to use the Upper Floridan aquifer source and the new LPRO membrane treatment process as needed going forward. The LPRO plant will provide the City with the best available technology to meet ali current and future potable water quality requirements, future demands and environmental stewardship. S:~BULLETIN~FORMS~GENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM FISCAL 1MPACT: The five (5) task orders for Phase 1 of Stage 1 total $1,324,702.00. Funds are available in Utilities Account #401-5000-590-96.10 WTR122 ] NAMEOF [ TASKORDER RESPONSIBILITY AMOUNT OFI CONSULTANT NUMBER TASK ORDER Gl0baltech, Inc. U04-08-02 Program Management $ 231,220.00 CH2M Hill, Inc. U04-5-06 Upper Floridan Aquifer Well Field Development $ 484,950.00 Kimley-Horn and Water Treatment Plant Design & U04-10-02 $ 350,996.00 Associates, Inc. Site Plan Development Metcalf & Eddy, Inc. U04-15-03 Off-Site Pipe.lines Development $ 128,722.00 Arcadis G & M, Inc. U04-01-01 Membrane Concentrate Disposal $ 128,814.00 Development Total Task Orders for Engineering Services $1,324,702.00 5% Owner's contingency for application to individual task orders "as needed" $ 66,235.10 TOTAL BUDGET APPROPRIATION $1,390,937.10 ALTERNATIVES: Beginning August 2008, restricted withdrawals from the surficial aquifer will only allow an annual raw water withdrawal to 2,325 MG or a daily average of 15.5 mgd, a substantial decrease from the current permit that allows an annual 7,844 MG or a daily average of 24.7 mgd. Overall, this is an average decrease of an annual 3,921 MG (average between wet and dry season restrictions). It is critical for the City to identify alternative raw water sources to meet regulatory requirements and allow for growth and meet the demands of our customers and community for potable water. ~}P~O Assistant City Manager City Manager Utilities Department Department Name ~ - City ~k[t~'ne~/Finance / Human Resources S:~BULLETIN~ORMSLa~GENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Attachments - Three Original Contracts/Per Consultant for Execution Globaltech, Inc. CH2M Hill, Inc. Kimley-Horn & Associates, Inc. Metcalf & Eddy, Inc. Arcadis G&M, Inc. Exhibit 'A' bc: Dale Sugerman, Assistant City Manager Paul Fleming, Sr. Project Manager Bob Kenyon, Deputy Utilities Director Tom Fitzgerald, Chief Operator EWTP Utilities File/WRLT Procurement Services S:',BUIJ~~GENDA ITEM REQUEg'F FORM.DOC 1 RESOLUTION NO. R04- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AUTHORIZING THE CITY MANAGER TO 5 EXECUTE FIVE INDIVIDUAL TASK ORDERS FOR 6 THE EAST WATER TREATMENT PLAN EXPANSION 7 (EPX), STAGE 1, PHASE 1 PROJECT TOTALING 8 $1,324,702.00, BETWEEN THE CITY OF BOYNTON 9 BEACH AND: GLOBALTECH, INC., FOR PROGRAM 10 MANAGEMENT; CH2MHILL, INC., FOR UPPER 11 FLORIDAN AQUIFER WEIJ.FIELD DEVELOPMENT; 12 KIMI.EY-HORN AND ASSOCIATES FOR WATER 13 TREATMENT PLANT DESIGN AND SITE PLAN 14 DEVELOPMENT; METCALF EDDY FOR OFF-SITE 15 PIPELINES DEVELOPMENT AND ACRADIS G&M., 16 INC., FOR MEMBRANE CONCNTRATE DISPOSAL 17 DEVELOPMENT; AND PROVIDING AN EFFECTIVE 18 DATE. 19 20 WHEREAS, as required by the City's Water Use Permit (WUP) issued by the 21 South Florida Water Management District (SFWMD) on August 14, 2003, the City is 22 implementing a plan of action to begin replacing lost wellfield capacity due to withdrawal 23 restrictions from the sufficial aquifer in our eastern wellfield; and 24 WHEREAS, this plan of action requires the City to begin withdrawing and 25 processing raw water for our potable water supply from the Upper Floridan aquifer by 20 August 2008, and to plan for and implement withdrawal reductions out of the eastern 27 wellfield from the surficial aquifer; and 20 WHEREAS, to implement Stage 1 of the EPX project, the Utilities Department 29 ha chosen a tam of five (5) consultants to provide professional services and serve as a 30 highly qualified team focused on the project's mission and goals; and 31 WHEREAS, the City Commission upon recommendation from staff, deems it 32 appropriate and in the best interest of the residents of the City to approve five (5) S:\CA~RESO~,greements\Task - Change Orders\East Water Treatment Plant F_~pansion - 5 task orders.doc 1 individual task orders for the East Water Treatment Plan Expansion (EPX), State 1, Phase 2 1 project totaling $1,324,702.00; as follows: 3 1) Globaltech,/nc., - Program Management - Task Order' U04-08-02; 4 2) CH2M Hill, Inc. - Upper Floridan Aquifer Wellfield Development- Task 5 Order U04-5-06; 6 3) Kimley-Horn and Associates - Water Treatment Plant Design and Site 7 Plan Development -Task Order U04-10-02; 8 4) Metcalf & Eddy - Off-Site Pipelines Development - Task Order U04-15- 9 03; 10 5) Arcadis G&M, Inc., - Membrane Concentrate Disposal Development - 11 Task Order U04-01-01. 12 NOW, THEREFORE, BE IT RESOLVED BY THE CITY coMMISSION 13 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 14 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed 15 as being tree and correct and are hereby made a specific part of this Resolution upon 16 adoption hereof. ~ 7 Section 2. The City Commission of the City of Boynton Beach, Florida does 18 hereby authorize and direct the City Manager to execute five individual Task Orders for 19 the East Water Treatment Plant Expansion, Stage 1, Phase 1 Project totaling 20 $1,324,702.00, as follows: 21 1) Globaltech, Inc., - Program Management - Task Order U04-08-02; 22 2) CH2M Hill, Inc. - Upper Floridan Aquifer Wellfield Development- Task 23 Order U04-5-06; 24 3) Kimley-Horn and Associates - Wat'er Treatment Plant Design and Site S:\CA',RESOV~greements\Task - Change Orders~East Water Treatment Plant F_..xpansion - 5 task ordem.doc 1 Plan Development - Task Order U04-10-02; 2 4) Metcalf & Eddy - Off-Site Pipelines Development - Task Order U04-15- 3 03; 4 5) Arcadis G&M, Inc., - Membrane Concentrate Disposal Development- 5 Task Order U04-01-01. 6 Section 3. This Resolution shall become effective immediately upon passage. 7 PASSED AND ADOPTED this __ day of May, 2004. 8 9 C1TY OF BOYNTON BEACH, FLORIDA 12 Mayor 13 15 Vice Mayor 16 17 1 fl Commissioner 19 ATTEST: 20 21 Commissioner 22 City Clerk 23 24 Commissioner 25 (Corporate Seal) 26 27 28 S:\CA\RESO~A, greementsWask - Change Orders'East Water Treatment ~ant Expansion - 5 task orders, doc GLOBALTECH, INC. TASK ORDER U4-08-02 EAST PLANT EXPANSION Task Order No. U04-08-02 AGENDA 5/18/04 City of Boynton Beach East Water Treatment Plant Expansion Stage 1 Conceptual/Preliminary Design Phase 1 Engineering Services for Program Management A. Background The City of Boynton Beach (City) is embarking on a major improvement project for the City's East Water Treatment Plant (WTP). The project named "East Plant Expansion" (or "EPX" for short) will address the City's future water needs. Currently, the South Florida Water Management District (SFWMD) limits the quantity of water available for withdrawal fi:om the City's primary source of water, the surficial Biscayne aquifer, for potable water use. If not addressed, this existing water withdrawal restriction will create water shortages for the City in the future. The EPX Project will resolve the potential water shortage issues by changing the East WTP's primary water source fi:om the existing surficial Biscayne aquifer to the deeper more plentiful upper Floridan aquifer. The change in the primary water source will provide potable water to the City and help the environment by reducing the potential for salt-water intrusion into the surrounding area's groundwater near the 'East WTP. By changing the primary water source to the upper Floridan aquifer, the EPX Project will also change the water treatment process at the East WTP from lime softening to a low-pressure reverse osmosis (LPRO) treatment system. The new LPRO treatment process will produce fresh water fi:om the brackish upper Floridan aquifer water source, while also improving other water quality parameters that is currently being produced by the East WTP. It is anticipated that the required facilities for the East WTP will be constructed in two stages. In Stage 1, the City will install 8 m~lion gallons per day (mgd) of treatment capacity and approximately ten Floridan wells to supply water by August 2008. In Stage 2, the City will install the remainder of the equipment needed to expand the treatment facilities to 16 mgd of product water capacity by year 2013. To assist the City with Stage I of this large project, the City has assembled a team of five Consultants to provide professional services for the planning, preliminary design, design, permitting and construction of the required facilities. The City will engage each Consultant separately for each phase of the Stage 1 construction: · Phase 1 - Conceptual/Preliminary Design Phase · Phase 2 -Design and Construction Phase TASK ORDER NO. U04-08-02 EPX PROJECT PHASE 1 - PROGRAM MANAGEMENT Based on thc results of the Conceptual/Preliminary Design of Phase 1, the development of plans and specifications will be conducted in Phase 2, along with the construction services. These Phase 2 services are to be provided in subsequent task orders following the completion of the Phase 1 services. The remainder of this section provides additional information as to why the EPX Project is needed and how it will be implemented and executed. Water Supply The City's current raw water supply is provided from a fresh underground source called the surficial Biscayne aquifer. Water from the surficial Biscayne aquifer is withdrawn by the City from two well fields (East well field and West well field) and treated in two separate City owned and operated potable water production facilities (East WTP and West WTP). Historically, the surficial Biscayne aquifer has .provided water for potable water use to many south Florida communities. However, the South Florida Water Management District (SFWMD) is limiting water withdrawals from the surficial Biscayne aquifer due to regional water demands, periodic droughts, and degradation in groundwater quality. As such, the current Water Use Permit (WUP) issued by the SFWMD requires the City to restrict withdrawals from the surficial Biscayne aquifer in the following manner: · The East Well field serving the East WTP is limited to a monthly allocation of 240 MG (milliOn gallons) or less than an average of 8 million gallons per day (mgd). This limitation is intended to prevent saltwater intrusion from the coast · The total annual allocation from the East and West well fields is limited to less than 7,844 MG or less than an annual daily average of 21.5 mgd · The monthly allocation from the East and West' well fields is limited to less than 741.1 MG or less than a monthly daily average of 24.7 mgd · Beginning in August 2008, the WUP will impose additional and more stringent limitations on the surficial Biscayne aquifer: dry season (January through May) withdrawals will be limited to 2,325 MG not to exceed a monthly allocation of 465 MG (monthly daily average of less than15.5 mgd); and wet season (June through December) withdrawal will be limited to 5,522 MG not to exceed a monthly allocation of 771 MG (monthly daily average of less than 25.7 mgd) Due to these withdrawal limitations and restrictions placed on the surficial Biscayne aquifer, the City is turning to the Floridan aquifer as an additional alternative water source to the surficial Biscayne aquifer in order to meet its future water demands. In south Florida, the Floridan aquifer is being encouraged by the SFWMD as an alternative water supply that currently has no withdrawal restrictions or limitations. The Floridan aquifer is a brackish water source requiting deeper well depths and additional treatment than are currently being used for the surficial Biscayne aquifer. TASK ORDER NO. U04-08-02 EPX PROJECT PHASE 1- PROGRAM MANAGEMENT Water Treatment As previously mentioned, the City has two water treatment plants, the East and West WTPs. The East WTP is a lime softening plant and the West WTP is a membrane softening plant. The City will continue to use the surficial Biscayne aquifer as the primary water supply source for the West WTP since the SFWMD will allow greater water withdrawal fi:om the West well field than the East well field. In addition, the cost of treating the surficial Biscayne aquifer water is less than treating the Floridan aquifer water. The Phase 3 and Phase 4 expansions of the West WTP are currently under way to increase the treatment capacity of the West WTP. Expansion of the West well field to outfit and place on line existing wells also is in the works. These improvements to the West WTP will assist the City in meeting the near-term water demands before the Floridan aquifer source and treatment facilities are constructed at the East WTP. At the East WTP, the City intends to use the Floridan aquifer as its primary raw water source and to use the surficial Biscayne aquifer source as needed. As the Floridan aquifer source water is brackish, the existing lime treatment system at the East WTP will not provide adequate treatment. A new low-pressure reverse osmosis (LPRO) membrane treatment process is required to remove dissolved salts in the source water before the water can be used as potable water. The LPRO membrane treatment process is similar to the existing membrane softening process at the West WTP but requires more specialized material of construction and operates at a greater pressure. In addition, the new LPRO membrane treatment process will produce a higher quality of water that is low in color and hardness than the water quality produced by the existing lime treatment process. The new LPRO membrane treatment process also provides the City with the best available technology to meet the existing and pending water quality requirements of the Environmental Protection Agency. Project Approach In order to meet regulatory requirements and the growth of the City, the East WTP will need to supply and treat the Floridan aquifer as an alternative water source on or before August 2008. The required improvements include the development of a new Floridan well field, the addition of new raw water mains, and installation of a LPRO treatment system with a membrane concentrate waste disposal system. The City plans to provide supply and treatment facilities in two stages for the East WTP. Stage 1 - Initial Construction for 8 mgd LPRO system completed by August 2008 - Approximately ten new raw water Floridan wells will be drilled to provide a total of 21.3 mgd of raw water that will be used to produce 16 mgd of membrane, permeate water for the build-out plant capacity - New raw water main - New LPRO facility with 8 mgd of membrane permeate capacity expandable to 16 mgd permeate at build-out of plant site TASK ORDER NO. U04-08.-02 EPX PROJECT PHASE I - PROGRAM MANAGEMENT - New membrane concentrate waste disposal system - New 5 MG ground storage tank · Stage 2 - Build-out Construction for LPRO system to produce a total 16 mgd of membrane permeate by 2013 - Addition of 8 mgd of LPRO capacity - Addition of a second 5 MG ground storage tank - Decommissioning of existing lime softening plant To implement Stage 1 of the EPX Project, the City chose five consultants to provide professional engineering services and serve as a highly qualified team focused on the project's mission and goals. Because of the magnitude of the project, five separate activities/priorities were identified and a consultant assigned to each to take advantage of each consultant's resources and specialization. Each consultant was chosen for the firm's particular expertise and represents the best talent for the project;--By choosing the best "people" and working together as a "team", the EPX Project will achieve innovation and excellence as mirrored in the City's team-based management style and the Utilities Department vision of: Creating value for our customers' and community by achieving excellence in service, products, and environmental quality. PEOPLE- TEAMWORK- INNOVATION The EPX Project team consists of the following consultants with their respective project responsibilities: · Globaltech, Inc. - Program Management · CH2M Hill, Inc. - Floridan Aquifer Well Field Development · Kimley-Horn and Associates - Water Treatment Plant Design and Site Plan Development · Metcalf & Eddy- Off-Site Pipelines Development · Arcadis G&M, Inc. - Membrane Concentrate Disposal Development Each EPX Project team member will be contracted individual and will be respons~le for their portion of the work. However, the expression of ideas or concerns among all EP_X Project team members has been established to provide the best work product possible. The City's Utilities Department Sr. Project Manager will provide the overall direction for the EPX Project. However, Globaltech, Inc. will serve as the overall program manager for the EPX Project by providing day-to-day management, oversight, and coordination with and among the City and the other EPX Project team members. Project Execution The design and construction of the EPX Project Stage 1 by the EPX Project team shall be executed in two phases. TASK ORDER NO. U04-08-02 EPX PROJECT PHASE 1 - PROGRAM MANAGEMENT · Phase 1 - Conceptual/Preliminary Design Phase · Phase 2 -Design and Construction Phase The task orders for Phase 1 will address the work required to construct the Stage 1 improvements on or before August. 2008. However, considerations required for the expansion of Stage 2 will be included with the overall design and construction concepts developed in Phase 1. In general, the Conceptual/Preliminary Design Phase work by the EPX Project team will accomplish the following: · Select well site locations · Construction of two Floridan aquifer test wells to determine water quality and water withdrawal rates for well and plant process sizing · Identify raw water main routing considerations · Develop the flew East WTP Water site lay6ut to include the new LRPO facilities and the existing facilities · Develop the treatment process criteria to be used in Phase 2 design work · Determine the most feas~le membrane concentrate disposal option(s) and provide design criteria for the most feas~le disposal option(s). · Determine budgetary cost for all improvements Services to acquire the land for raw water wells sites, membrane concentrate disposal site, and easement are not included in the scope of any of the EPX Project team members. The City will engage a separate Consultant for these services. Based on the results of the Conceptual/Preliminary Design Phase 1, the plans and specifications for construction will be prepared in the Phase 2 - Design and Construction along with construction services. These services are to be provided in subsequent task orders following the completion of the Phase ! services. Project description for Globaltech's Program Management activity under the EPX Project Phase 1 services is provided in the remainder of this task order. B. Project Description for Globaltech, Inc. Because of the large magnitude of the EPX Project, the EPX Project has been subdivided into five individual activities. GLOBALTECH, Inc. (CONSULTANT) will provide program management services providing a single point of management respons~ility for planning, design management, and permitting compliance for the EPX Project team. GLOBATECH will coordinate and manage the other individual EPX Project team members to obtain benefits not available from managing each project activity individually. GLOBALTECH will provide the project and team with a partnership that will enable the team to accomplish their goals and to establish the following: TASK ORDER NO. U04-08-02 EPX PROJECT PHASE 1 - PROGRAM MANAGEMENT · A highly qualified team focused on the program's mission and goals · Continuity throughout the program's lifecycle · Flexible access to a wealth of professional and specialized resources among the EPX Project team · Accelerated schedules and comprehensive financial controls · Point of communication among the EPX Project team and the City GLOBALTECH shall provide coordination with the EPX Project team, community involvement, program organization, master permit planning, master scheduling, and pre- design planning as described below. C. Scope of Services GLOBALTECH shall provide program management services as described below for the duration Conceptual/Preliminary Design Phase 1 of the EPX Project. - - Task 1 -EPX Team Coordination and Support GLOBALTECH shall schedule and attend bi-monthly meetings with the EPX Project team. Meetings shall include EPX Project progress meetings and Technical Review Committee (TRC) meetings in which project status and issues related to the conceptual/preliminary design issues will be discussed with the EPX Project team members. It is anticipated that two members from GLOBALTECH will attend each meeting and that the task duration will be 18 months (total of 36 meetings). During this phase of the work GLOBALTECH, with the input of the CITY and others, will develop the priorities and respons~ilities for the Program. The successful implementation of the EPX Project will require coordination, discussion, and review with other EPX team members outside of the bi-monthly review meetings. It is anticipated that one member from GLOBALTECH will attend twelve additional meetings with the individual EPX Project team members (total of 24 meetings). During this phase of the work GLOBALTECH, with the input of the CITY and others, will develop the priorities and responsibilities for the Program. lask 2 - Public Outreach Task 2 consists of a number of sub-elements to support the EPX Project team and project. Task 2.1 - Grant Application GLOBALTECH shall coordinate with EPX Project team members that will be applying for grants on behalf of the City and attend meetings with the grant agencies as required CH2M HILL and ARCADIS are anticipated to make grant application to the SFWMD. TASK ORDER NO. U04-08-02 EPX PROJECT PHASE 1- PROGRAM MANAGEMENT Task 2.2 - Community Involvement GLOBALTECH shall assist the CITY with a public information plan sufficient to keep the public informed of the status and progress of the Program as it proceeds. GLOBALTECH shall prepare for, participate in, and conduct public information meetings as deemed appropriate by the CITY. At the request of the CITY staff, GLOBALTECH will attend and participate in City Commission meetings and provide updates to the City Commission. In addition to time spent at the meetings, this task will provide additional funding for the preparation of summary materials and visual aids. GLOBALTECH will provide necessary exba'bits for display at public meetings and will coordinate visual aids with CH2M HILL whom is providing graphic assistance. GLOBALTECH shall create a web site for the public to access that will describe the EPX project. The web site will provide background for the project, anticipated schedule, and project progress and status. Task 2.3 - Technical Paper Preparation and Public Awareness To promote the CITY and the EPX Project, GLOBALTECH has been requested to allocate funding to prepare technical papers and/or make presentations regarding the EPX Project to professional societies, civic groups, or trade organizations. To this effect, a $5,000 allowance has been dedicated to this subtask. Task 2.4 - Permitting Seminars and Pre.permitting Activities It is anticipated that the EPX Project team will host several pre-permitting events to inform and update the regulatory agencies as to the goals of the CITY~ EPX Program. Early meetings will provide an overview of the program, however, as the program progresses, preliminary reviews and technical issues will be discussed to gain pre- approval from the permitting 'agencies. GLOBALTECH will organize and conduct a permitting round table seminar inviting all the relevant permitting agencies. GLOBALTECH will also attend separate regulatory agency meetings with the EPX Project team member as required to keep abreast of the regulatory impacts to the CITY. Task 3 - Program Organization GLOBALTECH shall provide the following for the program organization for the Conceptual/Preliminary Design Phase 1 of the EPX Project: · Personnel and services necessary to organize and monitor the execution of the Program. · plan and organize the Program such that the projects can be planned, designed, and constructed within the time parameters established for the Program. · Assist the CITY in developing and reviewing scopes of work, special contract provisions and project concept reports with the EPX Project team members for the following portions of work: TASK ORDER NO. U04-08-02 EPX PROJECT PHASE 1 - PROGRAM MANAGEMENT - CH2M HILL, Inc. - Floridan Aquifer Well field Development - Kimley-Horn and Associates - Water Treatment Plant Design and Site Plan Development - Metcalf & Eddy- Off-Site Pipelines Development - Arcadis G&M, Inc. - Membrane Concentrate Disposal Development · Assist the CITY with developing a filing system adequate to handle all project documentation including correspondence, planning, design, and construction documents. A web-based electronic storage system for files created for the EPX project shall be maintained · Prepare presentation materials adequate to describe project status and progress and conduct regular project progress meeting · Prepare official minutes (questions/answers) of EPX Project progress meetings, TRC meetings, and regulatory agency meetings for the CITY's review, approval, and dissemination · Review and processes other consultant'invoices adhering to CITY's requkements and stated level of completion · Review and determine validity of consultant claims for extra work and/or extensions of time for performance of services Task 4 - Master Schedule GLOBALTECH shall prepare and update a master schedule for the Program. The schedule shall detail phase duration's for planning, design, right-of-way acquisition, site acquisition, and construction activities for the each EPX Project Phase 1 activity. The CITY, EPX Project team members and others, will provide schedule information relating to the projects listed above to GLOBALTECH for inclusion in the overall master schedule. This master schedule will be monitored and reviewed throughout the life of the Program as conditions dictate Task 5 - Pre-Design Planning GLOBALTECH shall provide the following for the pre-project planning for the Conceptual/Preliminary Design Phase lof the EPX Project: · Review each EPX Project team member's design criteria for all aspects of the design · Prepare summary of cost estimates for each portion of the project as developed by the EPX Project [eam members · Attend meetings between CITY and landowners during land and- easement acquisitions TASK ORDER NO, U04-08~)2 EPX PROJECT PHASE 1 - PROGRAM MANAGEMENT Task 6- Test Well Construction and Testing Two test wells will be constructed during the Conceptual/Preliminary Design Phase 1. These wells will provide water quality and hydraulic data to develop design criteria for the EPX Project team. GLOBALTECH shall provide services in coordination with CH2M HILL's efforts to construct the test wells. · Review drawings and specifications prepared by CH2M HILL and provide comments to the City's Senior Project Manger · Attend and conduct pre-bid meetings · Assist with the review and preparation of addenda, if required · Review Bid Tabulation prepared by CH2M HIIJ, and provide recommendation for lowest qualified bidder to the City's Senior Project Manager · Attend and Pre-construction Conference · Attend monthly progress meeting. Review meeting minutes prepared by CH2M HILL · Review weekly construction summaries as provided by CH2M HILL resident inspector · Review field and change order requests as initiated by CH2M HILL. Provide recommendations for field and change order requests to the City's Senior Project Manager · Review pay requests provided by CH2M HIIJ, and make recommendation for payment to the City's Senior Project Manager · Attend project close out walk through inspection and provide written comments to CH2M HILL · Review and disseminate water quality analysis and test well report prepared by CH2M HILL to the EPX Project team D. Assumptions · The CITY will be respons~le for conducting the necessary land and easement acquisitions analysis and setting up and conducting meetings with individfial landowners · All tasks will be conducted on a time and material basis E. Contract Reference This Task Order shall be performed under the terms and conditions descn'bed within the Agreement for General Consulting and Engineering Services dated November 18, 2003 between the CITY of Boynton Beach and GLOBALTECH, Inc. TASK ORDER NO. U04-08-02 EPX PROJECT PHASE 1 - PROGRAM MANAGEMENT F. Additional Services Additional services will be provided to the CITY or other EPX Project team members as directed by the CITY on a time and materials basis. Scope and fee to amend this task order will be submitted to the CITY for review and approval prior to initiating additional work. Additional items may include supplemental presentations and coordination with other CITY projects and activities. G. Obligations of the City In addition to the specific activities identified in this scope of work, the CITY is obligated to provide the following: Provide available data, as requested, to complete the tasks identified in this scope of work Attend requested meetings · Provide timely reviews of deliverable materials with comments incorporated into a single document · All permitting fees H. Deliverables The following deliverable are included in this project: Task 1 - None Task 2 - Project web site and presentation material for public meetings, agency round table, and white papers Task 3 - Meeting Minutes, electronic files, web-based documents. Task 4 - EPX Project master schedule Task 5 - Review comments for design criteria, summary of costs Task 6 - Recommendations for bid award, progress payment, punch list. 10 TASK ORDER NO. U04-08-02 EPX PROJECT PHASE 1 - PROGRAM MANAGEMENT I. Compensation Compensation by the CITY to GLOBALTECH for all tasks will be on a not-to-exceed basis in accordance with the above-mentioned Agreement. Individual task limits will not be exceeded without prior written authorization from the CITY. The compensation for the services descn'bed in Task 1 - 6 of this Task Order is $231,220 as shown in the summary table below and the attached estimate of costs. Work completed by GLOBALTECH will be invoiced monthly on a labor and expense basis per the above agreement. Labor Labor Hours Cost Task Designation Expenses Total Cost 1. EPX Team Coordination and Support 720 $56,880 $650 $57,530 2. Public Outreach 354 $29~790 $12,600 $42,390 3. Program Organization 800 $66,400 $2,900 $69,300 4. Master Schedule 90 $7,950 $200 $8,150 5. Pre-Design Planning 382 $33,910 $700 $34,610 6. Test Well Construction and Testing 212 $18,940 $300 $19,240 Totals 2~558 $213~870 $17~350 $231~220 J. Schedule GLOBALTECH will commence work upon receipt of written authorization and complete work associated with this Task Order in accordance with the attached master schedule developed by the EPX Project team. As this is a team effort between five consultants retained by the CITY, GLOBALTECH will adhere to the master schedule agreed by the EPX Project team and the CITY. TASK ORDER NO. U04-08-02 EPX PROJECT PHASE 1 - PROGRAM MANAGEMENT DATED this day of ,2004. CITY OF BOYNTON BEACH GLOBALTECH, INC. Kurt Bressner Lyn, P City Manager Vice President Attest/Authenticated: City Clerk (Corporate Seal) Approved as to Form: Attest/Authenticated: Office of the City Attorney Notary ~ ,, ....... Deborah Misterka ~.~?"~ Commission #DD225415 -;*!. - ~:*~ Expires' Jun 22, 2007 ~,..,' Atlantic Bonding Co,, lac. 12 TASK ORDER NO. U04-08-02 EPX PROJECT PHASE 1 - PROGRAM MANAGEMENT ATI'ACHMENT 1 COST ESTIMATE PHASE 1 Attachment 1 - Estimate of Costs for EPX Project Phase 1 - Program Management l~abor' Labor Task Description Class Hfs Rate Labor Exp Subtotal 1 EPX Team Coordination and Support EPX Prog Mrs (18 mts x 6 hfs/mrs) Sr. Eng. 108 $ 95 $ 10,260 $ 200 '~; 10,460 Sr. Eng. 108 $ 95 $ 10,260 $ 10,260 Admin 72 $ 35 $ 2,520 $ 2,520 EPX TRC Mts (18 mts x 6 hrs/mts) Sr. Eng. 108 $ 95 $ 10,260 $ 200 $ 10,460 Sr. Eng. 108 $ 95 $ 10,260 $ 10,260 Admin 72 $ 35 $ 2,520 $ 2,520 EPX Team Coor Mts (24x4 rots/mt) Sr. Eng. 96 $ 95 $ 9,120 $ 250 $ 9,370 Admin 48 $ 35 $ 1,680 $ 1,680 Subtotal 720 $ 56,880 $ 650 $ 57,530 2 Public"Outreach I 2.1 Grant Application Coordination with EPX Project Team Sr. Eng. 30 $ 95 $ 2,850 $ 2,850 2.2 Community Involvment Public rots/Commission mts Sr. Eng. 60 $ 95 $ 5,700 $ 1,000 $ 6,700 Sr. Eng. 20 $ 95 $ 1,900 $ 1,900 Admin 20 $ 35 $ 700 $ 700 Project Web Site Sr. Eng. 80 $ 95 $ 7,600 $ 6,000 $ 13,600 Admin 20 $ 35 $ 700 $ 700 2.3 Technical Paper Preparation and Public Awarness ] ] $ 5,000 $ 5,000 2.4 Permitting Seminars and Pre-permitting Activities Regulatory Round Table Sr. Eng. 40 $ 95 $ 3,800 $ 500 $ 4,300 Admin 24 $ 35 $ 840 $ 840 EPX Team Member Support Sr. Eng. 60 $ 95 $ 5,709 $ ioo $ 5,800 Subtotal 354 . $, ,29,790 $12,600 $ 42,390 3 Program Organization, Program Planning and Ogranizati~)n Sr. Eng. 120 $ ~5 $ 11,400 $ 11,400 Admin 20 $ 35 $ 700 $ 700 Scope Development/Review Sr. Eng. 80 $ 95 $ 7,600 $ 100 $ 7,700 Admin 20 $ 35 $ 700 $ 700 Filing System/Web Base Documents Sr. Eng. 80 $ 95 $ 7,600 $ 1,000 $ 8,600 Admin 40 $ 35 $ 1,400 $ 1,400 Progress Meeting Preparation Sr. Eng. 40 $ 95 $ 3,800 $ 1,000 $ 4,800 Admin 10 $ 35 $ 350 $ 350 Meeting Minutes Preparation Sr. Eng. 136 $ 95 $ 12,920 $ 500 $ 13,420 Admin 40 $ 35 $ 1,400 $ 1,400 Progress Payment Review Sr. Eng. 144 $ 95 $ 13,680 $ 200 $ 13,880 Admin 20 $ 35 $ 700 $ 700 Review of Extra Work Claim Sr. Eng. 40 $ 95 $ 3,800 $ 100 $ 3,900 Admin 10 $ 35 $ 350 $ 350 Subtotal 800 $ 66,400 $ 2,900 $ 69,300. 4 IMaster Schedule Master Schedule. Prep/Updates Sr. Eng. 80 $ 95 $ 7,600 $ 200 $ 7,800 Admin 10 $ 35 $ 350 $ 350 Subtotal 90 $ 7,950 $ 200 $ 8,150 4/8/04 I GT EPX Concept fee final.xls/Fees Attachment 1 - Estimate of Costs for EPX Project Phase 1 - Program Management Labor Labor Task Description Class Hrs Rate Labor Exp Subtotal 5 Pre-Design Planning Design Criteria Review Raw Water Supply Wells Sr. Eng. 24 $ 95 $ 2,280 $ 100 $ 2,380 Sr. Eng. 32 $105 $ 3,360 $ 3,360 Water Mains Sr. Eng. 24 $ 95 $ 2,280 $ 100 $ 2,380 Sr. Eng. 32 $ 95 $ 3,040 $ 3,040 Water Treatment Plant Sr. Eng. 30 $ 95 $ 2,850 $ 100 $ 2,950 Sr. Eng. 60 $ 95 $ 5,700 $ 5,700 Concentrate Disposal Sr. Eng. 20 $ 95 $ 1,900 $ 100 $ 2,000 Sr. Eng. 30 $105 $ 3,150 $ 3,150 Admin 40 $ 35 $ 1,400 $ 1,400 Snmmary of Cost Estimates Sr. Eng. 40 $ 95 $ 3,800 $ 100 $ 3,900 Admin 10 $ 35 $ 350 $ 350 Land/EasmentAcquisitionMeetin~s Sr. En~. 40 $ 95 $ 3,800 $ 200 $ 4,000 Subtotal 382 $ 33,910 $ 700 $ 34,610 6 Test Well Constuction and Testing Drawing/Spec Review Sr. Eng. 20 $ 95 $ 1,900 $ 50 $ 1,950 Attend Pre-bid Meeting Sr. Eng. 4 $ 95 $ 380 $ 380 Addenda Review/Preparation Sr. Eng. 8 $ 95 $ 760 $ 760 Bid Tab Review/Recommendation Sr. Eng. 8 $ 95 $ 760 $ 760' Attend Pre Const. Conf. Sr. Eng. 8 $ 95 $ 760 $ 760 Atttend Montly Progess Meetings Sr. Eng. 16 $ 95 $ 1,520 $ 100 $ 1,620 Review Weekly Const. Summaries Sr. Eng. 56 $ 95 $ 5,320 $ 5,320 Review Field Order/Change Orders Sr. Eng. 20 $ 95 $ 1,900 $ 1,900 Site Visit Sr. Eng. 20 $ 95 $ 1,900 $ 100 $ 2,000 Progress Payment Review Sr. Eng. 20 $ 95 $ 1,900 $ 1,900 Project Closeout Walk Through Sr. Eng. 8 $ 95 $ 760 $ 760 Review and Disseminate Test Data Sr. Eng. 4 $ 95 $ 380 $ 50 $ 430 Admin 20 $ 35 $ 700 $ 700 Subtotal 212 $ 18,940 $ 300 $ '19,240 TOTAL 2,558 $ 213,870 $17,350 $ 231,220 4/8/04 2 GT EPX Concept fee final.xls/Fees TASK ORDER NO. U04-08-02 EPX PROJECT PHASE 1 - PROGRAM MANAGEMENT ATTACHMENT 2 MASTER SCHEDULE -'~ CH2M HILL, INC. ' TASK ORDER U04-5-06 EAST PLANT EXPANSION Task Order No. U04-5-06 COMMISSION AGENDA 5/18/04 City of Boynton Beach East Water Treatment Plant Expansion Stage 1 Conceptual/Preliminary Design Phase 1 Engineering Service for the Siting, Preliminary Design, Test Well Construction and Evaluation of a Floridan Aquifer Well Field A. Background The City of Boynton Beach (City) is embarking on a major improvement project for the City's East Water Treatment Plant (WTP). The project named "East Plant Expansion" (or "EPX" for short) will address the City's future water needs. Currently, the South Florida Water Management District (SFWMD) limits the quantity of water available for withdrawal from the City's primary source of water, the surficial Biscayne aquifer, for potable water use. If not addressed, this existing water withdrawal restriction will create water shortages for the City in the future. Water Supply. The EPX Project will resolve the potential water shortage issues by changing the East WTP's primary water source from the existing surficial Biscayne aquifer to the deeper more plentiful upper Floridan aquifer. Due to these withdrawal limitations and restrictions placed on the surficial Biscayne aquifer, the City is turning to the Floridan aquifer as an additional alternative water source to the surficial Biscayne aquifer in order to meet its future water demands. The change in the primary water source will provide the City with an adequate water supply and help the environment by reducing the potential for salt-water intrusion into the surrounding area's groundwater near the East WTP. Water Treatment. By changing the primary water source to the upper Flo'ridan aquifer, the EPX Project will also change the water treatment process at the East WTP from lime softening to a low-pressure reverse osmosis (LPRO) treatment system. The new LPRO treatment process will produce fresh water from the brackish upper Floridan aquifer water source. The LPRO membrane treatment process is similar to the existing membrane softening process at the West WTP and will produce a higher quality of water that is low in color and hardness than currently produced by the existing lime treatment process at the East WTP. The new LPRO membrane treatment process also provides the City with the best available DFI~CH2M HILL SOW 032504.DOC 1 TASK ORDER NO. U04-5-06 EPX PROJECT PHASE 1 - FLORIDAN AQUIFER WELL FIELD DEVELOPMENT technology to meet the existing and pending water quality requirements of the Environmental Protection Agency. To assist the City with Stage 1 of this large project, the City has assembled a team of five Consultants to provide professional services for the planning, preliminary design, design, permitting and construction of the required facilities. The EPX Project team consists of the following consultants with their respective project responsibilities: · Globaltech, Inc. - Program Management CH2M Hill, Inc. - Floridan Aquifer Well field Development · Kimley-Horn and Associates - Water Treatment Plant Design and Site Plan Development · Metcalf & Eddy- Off-Site Pipelines Development · Arcadis G&M, Inc. - Membrane Concentrate Disposal Development The City will engage each Consultant separately for the Stage 1 work in two separate design phases: · Phase 1 - Conceptual/Preliminary Design Phase · Phase 2 -Design and Construction Phase In general, the Conceptual/Preliminary Design of Phase 1 to be conducted by the EPX Project team will accomplish the following: · Select well site locations · Provide for the construction of two Floridan aquifer test wells to determine water quality and water withdrawal rates for well and plant process sizing · Identify raw water main routing considerations · Develop the new East WTP Water site layout to include the new LRPO facilities and the existing facilities · Develop treatment process criteria to be used in Phase 2 design work · Determine the most feasible membrane concentrate disposal option(s) and provide design criteria for the most feasible disposal option(s). · Identify permitting requirements for improvements · Determine budgetary cost for improvements Based on the results of the Conceptual/Preliminary Design of Phase 1, the development of plans and specifications will be conducted in Phase 2, along with the construction services. These Phase 2 services are to be provided in subsequent task orders following the completion of the Phase 1 services. Services to acquire the land for raw water wells sites, membrane concentrate disposal site, and easements are not included in the scope of any of the EPX Project team members. HILL SOW 032504, DOC 2 TASK ORDER NO. U04-5-06 EPX PROJECT PHASE 1 - FLORIDAN AQUIFER WELL FIELD DEVELOPMENT Project description for CH2M Hill's Floridan Aquifer well field development activity under the EPX Project Phase 1 services is provided in the remainder of this task order. B. Project Description for CH2M Hill Raw water for the City of Boynton Beach's East WTP is supplied from a series of surficial aquifer wells located on and around the East WTP site. By August 2008, the City is committed to installing a LPRO treatment process at the EAST WTP using source water from the upper Floridan aquifer (UFA). It is anticipated that 10 wells will be necessary to yield the water necessary to meet the ultimate facility capacity of 16 million gallons per day (mgd). Further it is anticipated that each of the 10 wells will be constructed to a depth of approximately 1,200 feet below ground surface and will yield 1,500 gallons per minute (2.3 mgd). This Task Order provides the initial services necessary to construct the well field and consists of preliminary evaluation (performance modeling), well siting, test well construction, and test well evaluation. Data provided from this task order will be critical to the City's ability to meet the goal established in the Water Use Permit (WUP) issued by the SFWMD. Specific information that will be developed from this task order will include the following: · Optimum well spacing and yield · Locations for production wells and parcel identification numbers · Anticipated water quality to be provided to the new treatment system · Aquifer parameters necessary to support permitting activities In addition, it is recognized that with the execution of this task order, CH2M H/LL will become a member of the EPX project team. As a member said team, CH2M HILL will have an. obligation to provide timely communication of activities and status of the project with the CITY's Senior Project Manager, Program Management staff, and other members of the EPX project team. This task order will consist of two components. The first component will consist of preliminary aquifer evaluation and the identification of locations for siting new Floridan aquifer wells. This work will culminate in the preparation of a report summarizing ideal well spacing, site selection criteria, site. identification, and site justification. The report and the proposed locations will be submitted to the CITY for acceptance and acquisition of the required properties or ratified utility/well easements. The second component will consist of test well construction and testing. Up to tWo well locations will be identified at the extreme reaches of the proposed well field. Ideally, the properties on which the test wells will be constructed will be owned or easily accessed by the CITY for the construction of the test and monitor wells. Test O~H2M HILL SOW 03,?.504.0OC S TASK ORDER NO. U04-5-06 EPX PROJECT PHASE 1 - FLORIDAN AQUIFER WELL FIELD DEVELOPMENT wells will be constructed and tested at the proposed locations to evaluate aquifer performance and water quality. Following the completion of the testing program, CH2M HILL will prepare a testing report summarizing the results of the field evaluation. Data provided from the aquifer performance tests will be used to model the impact of the full-scale production of the well field on the aquifer and on adjacent Floridan aquifer users and will ultimately be used to support the CITY's application for water use to the SFWMD. C. Scope of Services This scope of services provides for coordination with the EPX project team, preliminary aquifer evaluation, well siting, well siting report preparation, test well design, bid phase services, test well construction, construction management, well testing, and preparation of the final test well report. Task 1 - Coordination with the EPX Project Team It is anticipated that CH2M HILL will attend bi-monthly meetings of the EPX Project team at the CITY's East WTP. During the meetings, project status will be discussed and issues related to testing, data coordination, and design issues will be discussed. The bi-monthly meetings may also serve as an opportunity to provide technical review function as a Technical Review Committee. It is anticipated that two members from CH2M HILL will attend each meeting and that the task duration will be 18 months (total of 36 meetings). Task 2 - Public Outreach and EPX Project Team-Support Task 2 consists of a number of sub-elements to support the EPX Project team and the EPX Program. All of Task 2 activities have been budgeted in the form of an allowance and will be performed on a time and materials basis. Therefore, a labor breakdown is not provided for this task. Task 2.1 - Grant Application for Alternative Water Sources A grant application to the SFWMD will be prepared for alternative water supply. The grant will be directed toward the installation of the test wells that will be 'constructed prior to the well field implementation. A draft application will be submitted to the CITY for review by March 29, 2004. The application will be submitted to SFWMD by April 1, 2004. A $10,000 allowance will be dedicated to the preparation and coordination of the grant application. This task will also cover review meetings and presentation to SFWMD. Task 2.2 - Coordination with'EPX Project Team Members The successful implementation of the EPX Project will require coordination, discussion, and review with other EPX Project team members outside of the bi- monthly review meetings. Because the well field task occurs early in the planning process, many of the EPX Project team members will be relying on assumptions and data produced from this study. This task will provide scope and fee to coordinate HILL SOW 032.504. DOC 4 TASK ORDER NO. U04-5¢)6 EPX PROJECT PHASE 1 - FLORIDAN AQUIFER WELL FIELD DEVELOPMENT with EPX Project team members. A $10,000 allowance will be dedicated to this subtask. Task 2.3 - Attendance at City Commission Meetings At the request of the CITY staff, CH2M HILL will attend and participate in up to three City Commission meetings to support the EPX Program and to provide updates to the City Commission. In addition to time spent at the meetings, this task will provide additional funding for the preparation of summary materials and visual aids. A $5,000 allowance will be dedicated to this subtask. Task 2.4 - Technical Paper Preparation and Public Awareness To promote the CITY and the EPX Program, CH2M HILL has been requested to allocate funding to prepare technical papers and/or make presentations regarding the EPX Program to professional societies, civic groups, or trade organizations. CH2M HILL is prepared to be a partner in this effort and will contribute to this effort. To this effect, a $5,000 allowance has been dedicated to this subtask. Task 2.5 - Permitting Seminars and Pre-permitting Activities It is anticipated that the EPX Project team will host several pre-permitting events to inform and update the regulatory agencies as to the goals of the CITY's EPX program. Early meetings will provide an overview of the program, however, as the program progresses, preliminary reviews and technical issues will be discussed to gain pre-approval from the permitting agencies. An allowance of $5,000 has been dedicated to this subtask. Task 2.6 - Graphics Assistance to EPX Project Team Program Manager CH2M HILL has been requested to provide the EPX Project team program and Program Manager with graphics assistance. This may be provided in the form of visual aids for presentation, maps, logos, or web sites and may be in the form of printed or electronic media. To provide this assistance, a $10,000 allowance has been dedicated to this subtask. Task 3 - Supply Well Site Selection Criteria Task 3.1 - Preliminary Well Siting Evaluation Prior to evaluating parcels of land for siting new wells, CH2M HILL will perfor, m a preliminary evaluation to identify ideal well yields and spacing. CH2M HILL will start with the hydrogeologic data compiled during the previous preliminary siting analysis of Floridan aquifer wells for the CITY's West WTP (CH2M HILL, April 2003). This information will be compiled and updated based on information regarding other wells that may be have been constructed in the general area since the previous report was completed and summarized in a tabular format, and will be used as model input to assist in the optimization evaluation. A conceptual groundwater model will be established with variable well spacing and pumping rates to evaluate potential impacts to adjacent users of the Floridan DFB~H2M HILL SOW 032504.DOC 5 TASK ORDER NO. U04-5-06 EPX PROJECT PHASE 1 - FLORIDAN AQUIFER WELL FIELD DEVELOPMENT aquifer. The goal of the model will be to yield the ideal number of wells, their possible locations, estimated yields, optimal separation, and potential impacts on other users. The results of the modeling evaluation will be summarized in the well siting report. Task 3.2 - Kickoff Meeting and Site Selection Criteria CH2M HILL will conduct a kickoff meeting with EPX Project team to develop criteria and performance measures for selecting the most feasible supply well sites. Criteria may include cost, land use and ownership impacts on other users of the Floridan aquifer, etc. The selection criteria will be divided into two parts: · Screening criteria · Final selection criteria The first set of criteria will be used to screen alternatives that dearly do not meet minimum requirements established by the CITY. The second set of criteria will be used to evaluate well siting alternatives and require that the CITY assign specific level of relative importance to each. This assignment of relative performance or "weighting" is important when analyzing the final set of alternatives and understanding the tradeoffs between alternatives. A matrix of the criteria, along with respective performance measures and relative weights will be developed and used to evaluate the various sites selected for the supply wells. Much of this work has previously been conducted under Task Order 18 - West Well Field Siting Study, and can be incorporated into this task. CH2M HILL will prepare a meeting agenda and summary. The meeting summary will be distributed to the EPX Project team members and will identify action items and a schedule for completion. Task 3.3 - Prepare Technical Memorandum A summary of the preliminary well siting evaluations kickoff meeting, a listing and description of the selection criteria, performance measures and weighting, along with a sample input of the decision model will be presented to the CITY in the form of a Technical Memorandum. Five copies of the draft TM will be submitted to the CITY for review. Upon receiving and incorporating comments, five final .copies of the Final TM will be submitted to the CITY as part of the final report deliverable. Task 4 - Siting Analysis and Opinion of Cost Following the completion of Task 3, a more detailed analysis of possible well locations will be developed, including and order of magnitude opinion of cost. DFI~CH2U HILL SOW 032504.DOC 6 TASK ORDER NO. U04-5-06 EPX PROJECT PHASE 1 - FLORIDAN AQUIFER WELL FIELD DEVELOPMENT Task 4,1 - Obtain Available Maps and GIS Information from the CITY and County Available GIS coverages and electronic maps in and around the CITY's water service area will be obtained from the CITY and appropriate County and public agencies - Planning and Zoning, Department of Environmental Resources Management, Property Appraiser's and Tax Offices, SFWMD, etc. Coverages that are expected to be obtained from the CITY and other agencies include: · Major and minor roads, · surface water bodies, · land use, · zoning, · contaminated sites, · property ownership, · existing transmission and distribution pipelines · other data (electrical power, fiber optic, and cable utilities), as required It is expected that sOme minor manipulation of the above data will be required for compatibility purposes when importing the various maps. Task 4.2 - Overlay GIS Coverages and Produce Composite Maps After each of the above available GIS coverages and maps have been inputted, a composite overlay map of the CITY's water service area will be developed overlaying the project area aerial map. This figure will be used to assist in screening the well locations and will serve as the base map for the remainder of the project. Coordination with the conveyance consultant on the EPX Project team will also occur at this jUncttrre. Task 4.3 - Site Alternative Screening Based on the available maps and GIS coverages and the local knowledge of the area, a meeting will be held with the CITY to screen alternatives that are suitable for siting the water supply wells and associated infrastructure. Site alternative screening will also consider the results of the preliminary aquifer evaluation conducted in Task 3.1. Task 4,4- Develop Well Site Locations Based on the screening analysis and discussions with the CITY and EPX Project team members, potentially feasible locations for the Floridan aquifer water supply wells will be selected. Locations considered will be at or as dose to the East WTP as possible and will be mapped on the GIS base map. The number of locations that will be required to accommodate the anticipated ten (10) Floridan aquifer water supply wells is not yet known since it is possible that each site may allow for the siting of- more than one supply well, while others may only accommodate one. Various combinations of potential well site locations will be developed for further evaluation in Task 5. D~H2M HILL SOW 032504.DOC 7 TASK ORDER NO. U04-5-06 EPX PROJECT PHASE 1 - FLORIDAN AQUIFER WELL FIELD DEVELOPMENT Task 4.5 - Conduct Field Inspection of Proposed Candidate Locations Following the mapping of the possible locations, a field evaluation will be conducted with the CITY to review site-specific constraints that are not shown on the GIS coverages and to verify the proposed locations. The sites will also be evaluated with respect to the impacts of FAC 62-555 (i.e. sanitary hazards and required easements and setbacks) on well sites and land acquisition and also for compliance with well field protection issues described by PBC DERM. Based on these constraints, the alternative sites may be revised or eliminated. The revised site locations will be incorporated into the final GIS base map or project site selection figure. Task 4.6 - Well field Layout Concept A preliminary wellfield layout concept will be developed to maximize potential production from the supply wells while minimizing impacts to adjacent users of the Floridan aquifer, as well as minimizing interference between-the proposed water supply wells. Raw water transmission pipeline routing will be discussed with the conveyance consultant of the EPX project team. Task 4.7 - Prepare Technical Memorandum A summary of the site alternatives screening, the field evaluation, and a description and printout of the final site locations will be presented to the CITY in a Technical Memorandum. Several tasks associated with land and easement acquisition will be conducted independently by the CITY and information obtained from this separate effort will be incorporated in the Technical Memorandum. Five copies of the draft TM will be submitted to the CITY and select EPX Project team members for review. Upon receiving and incorporating comments, five final copies of the TM will be submitted to the CITY and EPX Project team as part of the final report deliverable. City-Assigned Tasks As part of Task 4, the CITY will contract with others to conduct analysis of probable costs associated with land and easement acquisition and will meet with landowners to assess their willingness to sell or allow access by the CITY. Perform a Land Acquisition Cost Analysis The CITY will conduct its own cost analysis for the locations identified in Task 4. The cost analysis will include an estimate of probable cost for the acquisition of the properties identified. Meeting with Land Owners The CITY will conduct a meeting with landowners to determine if owners of potential well sites will consider selling properties of interest or allow easement access to such properties. DF'B~CH2M HILL SOW 032504.DOC 8 TASK ORDER NO. U04-5-06 EPX PROJECT PHASE 1 - FLORIDAN AQUIFER WELL FIELD DEVELOPMENT Task 4,8 - Develop Opinion of Probable Cost CH2M HILL will develop a planning level order-of-magnitude opinion of probable cost for each of the principal elements of the project including purchase of properties, test well construction, development of the supply well site(s), new wells, well pumps, well head facilities, wellfield collector piping network, and access roadway, or mitigation costs (if required). Raw water transmission pipeline costs will be discussed with members of the EPX Project team. Task 4.9 - Permitting Analysis Possible perm/ts required to construct a Floridan aquifer well would include a Water Use Permit with SFWMD, well construction permits from SFWMD, and construction permits for public drinking water facilities from Palm Beach County Department of Heath. Other permits, such as NPDES for disposal of water during testing or other right-of-way access permits, will be determined based on the sites selected for further analysis.- Permitting requirements will be identified for each-site and used to analyze the alternatives as part of Task 5. The Technical Memorandum from Task 4.7 will be updated to include the probable construction cost estimates. Five copies of the revised draft TM will be submitted to the CITY and select members of the EPX Project team for review. Upon receiving and incorporating comments, five final copies of the TM will be submitted to the CITY as part of the final report deliverable. Task 5 - Final Well Site Alternative Analysis Task 5.1 - Conduct Decision Model Analysis Following the identification of the final set of Floridan aquifer well sites, raw water transmission pipeline routing, property and cost analyses, each alternative will be measured against the final selection criteria and entered into the decision model. Included with this analysis will be additional simulations using the groundwater model developed in Task 2.1. The results of the groundwater modeling, along with other evaluation criteria will be entered into the decision model and results presented to the CITY and discussed to decide on the most feasible site for the siting of the Floridan aquifer wells. Task 5.2 - Prepare Technical Memorandum Following the meeting with the CITY and the EPX Project team, the most feasible alternative will have been selected and Technical Memorandum will be prepared summarizing the derision model results, the discussions with the CITY and the final siting of the ten (10) Floridan aquifer water supply wells. Included in the final TM will be a detailed testing plan for the two test well locations. Five copies of the draft TM will be submitted to the CITY and select EPX Project team members for review. Upon receiving and incorporating comments, five final copies of the TM will be submitted to the CITY as part of the final report deliverable. DF~CH2MHILLSOW0~-504.DOC 9 TASK ORDER NO. U04-5-06 EPX PROJECT PHASE 1 - FLORIDAN AQUIFER WELL FIELD DEVELOPMENT At the conclusion of Task 5, the various technical memoranda prepared will be compiled and bound in a single report to document the well siting process. Five copies of the Well Siting Report will be provided to the CITY and EPX Project team members. Task 6 -;Design of Floridan Aquifer Test Wells Up to two locations identified in Tasks 1 - 5 will be used to construct Floridan Aquifer Test Wells. Test wells will be designed so that that they can ultimately be converted into full-scale productions wells. Aquifer monitor wells will also be installed at both test well locations. One observation well will be installed at each location to monitor the production zone during aquifer performance testing. In addition, one deeper observation well will also be constructed at one test well location to monitor the leakance from the lower Floridan aquifer. Services associated with..Task 6 will be com. bined .with existing Task Order 17 - Engineering Services for Final Design, Bidding Services, Services During Construction and Reports for Aquifer Storage and Recovery Well ASR-2 at the City of Boynton Beach East Water Treatment Plant currently being executed by CH2M HILL. CH2M HILL will provide the following services for the City during the design of those test and monitor wells. Task 6.1 - Kick-off Meeting. CH2M HILL will meet with the CITY Staff and select E?X Project team members to clarify the requirements for the project. Critical path issues (permitting, construction sequence, etc.) that will require information/guidance from the CITY before design can effectively begin will be identified. A site visit will be carried out to identify possible conflicts, determine site constraints and the CITY preferences for equipment types and location. CH2M HILL will prepare meeting minutes of, the kick-off meeting and site visit including an action item list of critical issues requiring r~solution. Task 6.2 - Design Criteria CH2M HILL will address outstanding design issues and summarize the preliminary design criteria for each component of the two test wells and three monitor wells. The design criteria description summaries will be incorporated into a preliminary design report or TM. After development of the design criteria, CH2M HILL will prepare the design of the wells. The design drawings and specifications will show the scope, extent, 'and character of the work to be furnished and performed by a contractor. One set of contract documents will be prepared for both test wells. It is expected the following list of technical specifications and drawings will be prepared: Half sized drawings (11" x 17") will be submitted at the 60% completion levels. Full sized sheets (22" x 34") will be submitted for the 90% and Final design submittals. DFB'~CH2M HILL SOW 032504.DOC ~0 TASK ORDER NO. U04-5-06 EPX PROJECT PHASE 1 - FLORIDAN AQUIFER WELL FIELD DEVELOPMENT Specifications Division 1 - General Requirements · Division 2- Site Construction · Division 3 - Concrete · Division 5 - Metals · Division 9 - Finishes · Division 15 - Mechanical Drawings · Cover Sheet and Index Vicinity and Location Maps · Abbreviations · General, Civil and Structural Legends · Yard Piping/Site Plan · Mechanical Legend · Floridan Aquifer Test Well Construction Details · Standard Details Task 6.3 - Survey A boundary survey will be necessary at the two test well sites to define property boundaries and to locate adjacent and underlying utilities. Based on the uncertain size and complexity of this task, a $5,000 allowance will be requested to provide the requisite services. CH2M HILL will solicit cost estimates from local vendors, prepare the subcontracting mechanism, direct the work, and submit draft and final copies of the survey to the CITY for review, Task 6.4 - 60% Design Review Meeting. At a time coordinated with the CITY and EPX Project team, CH2M HILL will conduct at workshop to review the 60% Detailed Design Submittal. The workshop will consist of one meeting between the CITY, select members of the EPX Project team, and key members of CH2M HILL project team. CH2M HILL will prepare and distribute written summaries of decisions rendered. The approved written summaries will serve as the basis for proceeding with the completion of the final design. Task 6.5 - 90% Detailed Design Submittal. CH2M HILL will. provide 2 sets of the 90% complete design submittal for the test and observation wells that will include the following: · Draft technical spedfications · A budget level opinion of probable construction cost DFI~CH2M HILL SOW 032,504.D0C 11 TASK ORDER NO. U04-5-06 EPX PROJECT PHASE 1 - FLORIDAN AQUIFER WELL FIELD DEVELOPMENT CH2M HILL will meet with the CITY and select members of the EPX Project team to review the design and address any final comments before the design is finalized. Task 6.6 - Final Detailed Design Submittal Based upon the comments agreed upon as a result of the 90-percent review meeting with the CITY and EPX Project team members, CH2M HILL will prepare a 100 percent (final) design submittal for Floridan aquifer test and observation wells. These documents will be used to obtain competitive bids for the construction of these projects. The submittal will include: · Two sets of final (100 percent) specifications · Two sets of final (100 percent) full size drawings · Estimated Total Project Cost for the design package After acceptance by the CITY and EPX Project team members of CH2M HILL's 100- percent drawings and specifications, CH2M HILL will solicit bids from qualified firms to construct the test and observation wells. Permitting shall be carried out concurrent with design and prior to the Bidding Phase. Task 7 - Permitting Services As part of the test well design and construction, it is not expected that any permits will be required except for a well construction permit which is required to be obtained by the well drilling contractor. Other permits such as NPDES for disposal of water during testing or other right-of-way permits will not be known until the siting analysis is conducted in Tasks 3-6. Thus, an allowance of $25,000 will be included in this task only to be authorized by the City after a detailed scope of work and fee are developed and agreed upon by the CITY based on the permitting requirements identified. Permitting will be performed concurrently with Task 6 - Detailed Design and completed prior to Task 8 - Bid Phase Services. Task 8 - Bid Phase Services CH2M HILL will provide bid-phase services for the construction of the test-and observation wells following the guidelines outlined by the CITY in the Standard Procedures and Functions for Consultants, Procurement Services, and Program Management Team. Services provided under Task 8 will be combined with existing Task Order 17 - Engineering Services for Final Design, Bidding Services, Services During Construction and Reports for Aquifer Storage and Recovery Well ASR-2 at the City of Boynton Beach East Water Treatment Plant currently being executed by CH2M HILL. Specific functions to be performed by CH2M HILL will include the following: D~H2M HILL SOW 032504.DOC 12 TASK ORDER NO. U04-5-06 EPX PROJECT PHASE 1 - FLORIDAN AQUIFER WELL FIELD DEVELOPMENT Bid Package Preparation. CH2M HILL will prepare Drawing and Specification packaging for bidding purposes.CH2M HILL will reproduce and sell construction bid documents to prospective bidders on behalf of the CITY. CH2M HILL will provide the CITY and EPX Project team Program Manager with two copies of the bid package (each for a total of four documents). Pre-Bid Meeting. CH2M HILL will assist with and attend one Pre-Bid meeting. CH2MHILL will prepare Pre-bid meeting minutes summarizing topics of discussion and providing responses to significant Bidder questions. Technical Issues. CH2M HILL will coordinate all communications with bidders on matters related to technical aspects of the design. Copies of all correspondence will be maintained with the CH2M HILL project manager and copied to the CITY. Addenda. If required, based upon questions from prospective bidder, CH2M HILL will prepare a draft addenda. The addenda will be reviewed and issued by the CITY. Bid Review. CH2M HILL will review the bids received for accuracy and prepare Bid Tabulation for review by the CITY and EPX Project team Program Manager. CH2M HILL will review Bid Documents of the apparent low bidder including payment and performance bond information, insurance information, and references. Based upon the above, CH2M HILL will issue a draft Recommendation of Award letter to the City for concurrence. A final Recommendation of Award letter will then be issued to the City for distribution to the bidders.. "As Bid" Conformed Construction Documents. CH2M HILL will produce a total of six copies of conformed "As Bid" Contract Document Specifications and Drawings, incorporating all Addenda. This will include the selected Contractor's Bid, Payment and Performance Bonds and Certificates of Insurance. The conformed construction documenLs will be issued to the CITY and Contractor for signature and execution. Two copies will be issued to the Contractor, two copies will be provided to the CITY, and two copies will be maintained by CH2M HILL. Drawing Copies. CH2M HILL shall provide an electronic copy and one reproducible copy of conformed contract documents and drawings. CH2M HILL will also provide two half-sized sets of drawings. Bid Service Completion. Bid services will be considered complete upon CH2M HILL's review and providing the Contractor's executed documents and conformed contract documents to the CITY. DFB~CH2M HILL SOW 032504.D0C 13 TASK ORDER NO. U04-5-06 EPX PROJECT PHASE 1 - FLORIDAN AQUIFER WELL FIELD DEVELOPMENT Task 9 - Construction Management Support Services It is expected that construction and testing of the two test wells, and associated observation wells, will take approximately 30 weeks, depending on the site access issues. Because of the unknown time element of this work, Task 8 will be completed on a time and materials basis. CH2M HILL will be responsible for construction management an will provide the following services: Pre-construction Conference. CH2M HILL will attend and participate in one pre- construction conference with the awarded contractor, the CITY and the EPX Project team Program Manager. CI-I2M HILL will be responsible for preparing agenda, chairing and preparing minutes from the meeting. Monthly Progress Meetings. CH2M HILL will conduct monthly progress meetings with the awarded contractor, the CITY and the EPX Project team Program Manager. CH2M HILL will be responsible for preparing agenda, chairing and preparing minutes from the meetings. Submittal Review. CI-I2M HILL will review submittals from the contractor including shop drawings, product data, schedules, progress payments and will provide up to one additional review per submittal. CH2M HILL will be responsible for receiving and distributing the submittals and corresponding directly with the CONTRACTOR. Pay Request Review. CH2M HILL will receive, review, and provide recommend- ations for payment to the CITY for work completed. Field and Change Orders. CH2M HILL will issue field change orders, requests for quotation, work change directives, and change orders as needed throughout the project. If Change Orders financially impact the project, CH2M HILL will request a meeting with the CITY and the EPX Project team Program Manager to review contract modification. Requests for Information. CH2M HILL will also review and respond to Requests for Information (RFI) and Clarification submitted by the Contractor. Project Start .up and Close Out. CH2M HILL shall conduct project dose out services including: · Incorporation of as-built information provided by the Contractor into a final set of Record Drawings. · Conducting substantial completion and final completion inspection and issuing punch lists following each inspection. DFIs~CH2M HILL SOW 032504.DOC 14 TASK ORDER NO. U04-5-06 EPX PROJECT PHASE 1 - FLORIDAN AQUIFER WELL FIELD DEVELOPMENT · As part of the above inspections, CHM HILL will assist the CITY with start-up services. · Reviewing final dose out change orders and payment applications from the Contractor for processing by the CITY. · Conduct one walk through inspection with CITY and EPX Project team staff prior to final acceptance by the CITY. CI-I2M HILL will notify and invite CITY and the EPX Project team Program Manager to all monthly meetings and close out activities. CH2M HILL will provide the construction management services for the test and observation wells on a time and materials basis. Task 10- Full Time Resident Observation CH2M HILL will conduct full-time resident observation services during the test well and associated observation well construction and testing. CH2M HILL will prepare weekly construction summaries and provide copies to the CITY and EPX Project team program manager. This task assumes that the first location (One test well and two monitor wells) will require 16 weeks to construct, while the second location (one test well and one monitor well) will require 12 weeks to construct. During the construction period, it is anticipated that a full time resident will be on site up to 40 hours per week. This accounts for probable 24-hour, 7-days per week drilling activities during casing installations, cementing and testing by the CONTRACTOR and includes time to coordinate with SFWMD for inspections as required. Because of the unknown nature of this work, Task 10 will be completed on a time and materials basis. Task 11 - Aquifer Performance Testing Task 11.1 - Aquifer Performance Testing Following construction of the two test wells, CH2M HILL will set up and conduct aquifer performance tests on both wells to obtain aquifer parameter, water quality and flow characteristics of the upper Floridan aquifer. It is expected that both sites will include one upper Floridan aquifer test well sized for a future production well and one smaller diameter, upper Floridan aquifer observation well. In addition; one site will also be constructed with a lower Floridan aquifer observation well to assess the possibility of future upward leakance of poorer water quality from the lower Floridan aquifer. Testing will consist of extended pumping of the test wells, up to 72 hours (each site), while monitoring piezometric impacts to the adjacent observation wells. The flow rate and duration of the tests will be determined after the point of water discharge is identified and the well is Constructed. DF~CH2M HILL SOW 032504.DOC 15 TASK ORDER NO. U04-5-06 EPX PROJECT PHASE 1 - FLORIDAN AQUIFER WELL FIELD DEVELOPMENT It is anticipated that CH2M HILL will set-up pressure transducers to monitor changes in the water levels in the test and observation wells while flow rates are measured. It is anticipated that daily site visits will be needed during the testing cycle however, full time observation should not be necessary. Discrete water quality samples will also be collected during the pumping portion of the test once water quality has stabilized (as indicated by conductivity and chloride concentrations) Water quality parameters will be obtained from the EPX Project team and samples will be submitted to a CITY-approved, certified testing laboratory for analysis. A cost allowance of $2,500 has been allocated for this activity. Following the completion of the pumping phase, recovery of the test and observation wells will also be docttmented. It is anticipated that the two pumping tests (i.e., mobilization and set up, pumping and recovery periods, and demobilization) will last approximately three weeks. Because of the unknown duration of this work, Task 11 will be conducted on a time and materials basis. Task 11.2 -Test Well Report Following the completion of the aquifer testing, the field data will be analyzed to determine aquifer characteristics and well efficiency. From this information, full- scale production impacts will be projected and the exact numbers of production wells will be determined. Following the completion of all testing activities, the test production wells will be configured with a tee, gate valves, and blind flanges to accommodate future conversion to full scale production wells. All construction and testing data will be compiled in a draft TM will be submitted to the CITY and the EPX Project team for review. Upon receiving and incorporating comments from the CITY, five final copies of the TM will be submitted to the CITY as part of the final report deliverable. D. Assumptions · Properties within the CITY's service area will be the primary focus for siting of the supply wells, however, areas adjacent to the service area will also be considered. · Only available electronic GIS maps will be used to develop the base map. and conduct the initial screening analysis. No new GIS layers will be developed. · Except for the Test Wells and associated observation wells, only conceptual drawings of typical well head details, raw water transmission piping layouts and identification of possible areas requiring easements or property acquisition will be developed. No other designs will be developed as part of this Task Order. · CITY will be responsible for providing GIS coverages and other maps that are available from the CITY in electronic format to CH2M HILL. CH2M HILL will DFB~H2M HILL SOW 032504.D0C 16 TASK ORDER NO. U04-5-06 EPX PROJECT PHASE 1 - FLORIDAN AQUIFER WELL FIELD DEVELOPMENT be responsible for obtaining other available GIS coverages from the County and other public sources. CITY will be responsible for conducting the necessary land and easement acquisition analysis and setting up and conducting meetings with individual landowners. CH2MHILL will not be involved in these meetings with landowners. · The groundwater modeling conducted in Task 3.1 will be set up so that the model can be used for subsequent Water Use Permitting purposes in the event the CITY elects to proceed forward with the design and construction of Floridan aquifer water supply wells. However, per the South Florida Water Management District (SFWMD) guidelines, this would be considered a Type I model and would provide a gross approximation of potential impacts of the proposed groundwater withdrawals. If during the permitting process, conditions warrant .. that more sophisticated modeling is required, and the data supports it, a separate Type II groundwater flow model such as MODFLOW would have to be developed and utilized. · CITY will be responsible for conducting the necessary land and easement acquisitions. · Permits for construction of the test wells will be the responsibility of the contracted well driller. CH2M HILL will not responsible for any permitting-fees. · All tasks will be conducted on a time and materials basis. Tasks 2 and 6 are represented as a project allowance for work that is currently undefined. As such, a labor breakdown can not be prepared. · Payment for all work assodated with the test and observation wells will be provided directly by the CITY. The work will progress following a traditional design/bid/build delivery protocol. E. Contract Reference This Task Order shall be performed under the terms and conditions described within the Agreement for General Engineering Consulting Services dated November 18, 2003, between the City of Boynton Beach and CH2M HILL, Inc. F. Additional Services Additional services will be provided to the CITY or other EPX Project team members as directed by the CITY on a time and materials basis. Scope and fee to amend this task order will be submitted to the CITY and EPX Project team Program Manager for review and approval prior to initiating additional work. Additional items may DF'IRCH2M HILL SOW 032504.D0C 17 TASK ORDER NO. U04-5-06 EPX PROJECT PHASE 1 - FLORIDAN AQUIFER WELL FIELD DEVELOPMENT include supplemental modeling, presentations and coordination with other CITY projects and activities. G. Obligations of the City In addition to the specific activities identified in this scope of work, the CITY is obligated to provide the following: · Provide available data as requested to complete the tasks identified in this scope of work · Attend requested meetings · Provide timely reviews of deliverable materials with comments incorporated into a single document · All permitting fees H. Deliverables The following deliverable are included in this project: Task 1 - None Task 2.1 - Grant application to SFWMD by April 1, 2004 Attendance at requested meetings Task 2.6 -Graphics assistance as requested Task 3.1 - Hydrologic data tabularized for model input Task 3.1 - Preliminary groundwater model indicating well spacing and capacity Task 3.2 - Kick off meeting minutes and action items Task 3.2 - Well location selection matrix with weighted alternatives Task 3.3 - Five copies of Draft TM summarizing Task 3 activities Five copies of Final TM summarizing Task 3 activities Task 4.7 - Five copies of Draft TM summarizing Task 4 activities Five copies of Final TM summarizing Task 4 activities Task 4.8 - Opinion of Construction costs based on well site availability Task 5 - Five Final well siting alternatives analysis TM Five TMs with revised model results Five Compiled "Well Siting Report" incorporating all project TMs DF'B~CH2M HILL SOW 032504.DOC 18 TASK ORDER NO. U04-5q36 EPX PROJECT PHASE 1 - FLORIDAN AQUIFER WELL FIELD DEVELOPMENT Task 6.1 - Kick off meeting minutes Task 6.2 - Preliminary design criteria TM Task 6.3 - Site Survey (if required) Task 6.4 - 60-percent design workshop meeting minutes with decision summary Two copies of 60-percent design submittal (half size drawings) Two copies of 90-percent design submittal drawings (full size), specifications, and cost estimates Task 6.6 - Two copies of Final Design Task 7 - Permits as required Task 8 - Two copies of bid documents Letter of recommendation for CITY and EPX Project team concurrence Four sets of conformed construction documents Task 9 - Notification of construction meetings Task 10 - Copies of weekly construction summaries Task 11 - Five copies of Draft Well Construction Report Five copies of Final Well Construction Report I. Compensation Compensation by the CITY to the CONSULTANT for services provided in this Task Order will be a not-to-exceed basis in accordance with the above-mentioned Agreement. Individual task limits will not be exceeded without prior written authorization from the CITY. The compensation for the services described in Task 1 - 11 of this Task Order is estimated at $484,950 as shown in the following summary table and proposed labor estimate. Work completed bY the CONSULTANT will be invoiced monthly on a labor and expenses basis per the above agreement. DFB~H2M HILL SOW 032504.DOC 19 TASK ORDER NO. U04-5-06 EPX PROJECT PHASE 1 - FLORIDAN AQUIFER WELL FIELD DEVELOPMENT Task Description Labor Labor Cost Expenses Sub Contract Totals Hours Expenses Task 1 - Coordination with EP× Team 324 $46,584 $4,416 $51,000 Task 2 - Public Outreach and EPX $40,000 $5,000 $45,000 Project Team Support (allowance) Task 3 - Supply Well Site Selection 100 $10,182 $1,018 $11,200 Criteria Task 4- Siting Analysis and Opinion 196 $20,412 $2,088 $22,500 of Cost Task 5 - Final Well Site Altemative 98 $10,212 $1,038 $11,250 Analysis Task 6 - Design of Floridan Aquifer 324 $30,740 $3,260 $5,000 $39,000 Test Wells Task 7 - Permitting Services $23,896 $1,104 $25,000 (allowance) Task 8 - Bid Phase Services 134 $12,996 $1,504 $14,500 Task 9 - Construction Management 870 $81,360 $7,640 $89,000 Support Services Task 10 - Full Time Resident 1380 $118,080 $13,920 $132,000 Observation Task 11 - Aquifer Testing and Report 390 $36,612 $5,388 $2,500 $44,50' Preparation Grand Totals 3816 $431,074 $46,376 $7,500 $484,950 J. Schedule CH2M HILL will commence work upon receipt of written authorization and complete work associated with this Task Order in accordance with the attached master schedule developed by the EPX Project team. As this is a team effort between five consultants retained by the CITY, CH2M HILL will adhere to the master schedule agreed by the EPX Project team and the CITY DFB~CH2M HILL SOW 032504.DOC 20 TASK ORDER NO. U04-5-06 EPX PROJECT PHASE 1 - FLORIDAN AQUIFER WELL FIELD DEVELOPMENT K. Approval DATED this day of ,2004. CITY OF BOYNTON CH2M HILL, INC. BEACH Kurt Bressner Timothy ~. Sh~p, P.G. (.fl City Manager Office Man'ag~r Attest/Authenticated: City Clerk Approved as to Form: Attest/Authenticated: Office of the City Attorney ~retor.~ ,~;;.~W,, Deborah Misterka ,,-'~.~.'"--__ commission #DD225415 ~ k~i_;~- Expires: Jun 22, 2007 , ,, ..... " Atlantic Bonding Co., Inc. DFB\CH2M HILL SOW 032504.D0C 21 TASK ORDER NO, U04-5-06 EPX PROJECT PHASE 1 - FLORIDAN AQUIFER WELL FIELD DEVELOPMENT ATTACHMENT 1 COST ESTIMATE PHASE 1 TASK ORDER NO. U04-5-O6 EPX PROJECT PHASE 1 - FLORIDAN AQUIFER WELL FIELD DEVELOPMENT ATI'ACHMENT 2 MASTER SCHEDULE KIMLEY-HORN AND ASSOCIATES, INC. TASK ORDER U04-10-02 EAST PLANT EXPANSION Task Order No. U04-10-02 City of Boynton Beach East Water Treatment Plant Expansion Stage 1 Conceptual/Preliminary Design Phase 1 Engineering Services for Water Plant Site Plan Development A. Background The City of Boynton Beach (City) is embarking on a major improvement project for the City's East Water Treatment Plant (WTP). The project named "East Plant Expansion" (or "EPX" for short) will address the City's future water needs. Currently, the South Florida Water Management District (SFWMD) limits the quantity of water available for withdrawal from the City's primary source of water, the surficial Biscayne aquifer, for potable water use. If not addressed, this existing water withdrawal restriction will create water shortages for the City in the future. Water Supply. The EPX Project will resolve the potential water shortage issues by changing the East WTP's primary water source from the existing surficial Biscayne aquifer to the deeper more plentiful upper Floridan aquifer. Due to these withdrawal limitations and restrictions placed on the surficial Biscayne aquifer, the City is turning to the Floridan aquifer as an additional alternative water source to the surficial Biscayne aquifer in order to meet its future water demands. The change in the primary water source will provide the City with an adequate water supply and help the environment by reducing the potential for salt-water intrusion into the surrounding area's groundwater near the East WTP. Water Treatment. By changing the primary water source to the upper Floridan aquifer, the EPX Project will also change the water treatment process at the East WTP from lime softening to a low-pressure reverse osmosis (LPRO) treatment system. The new LPRO treatment process will produce fresh water from the brackish upper Floridan aquifer water source. The LPRO membrane treatment process is similar to the existing membrane softening process at the West WTP and will produce a higher quality of water that is lower in color and hardness than currently produced by the existing lime treatment process at the East WTP. The new LPRO membrane treatment process also provides the City with the best available technology to meet the existing and pending water quality requirements of the Environmental Protection Agency. Project Approach. It is anticipated that the required facilities for the East WTP will be constructed in two stages. In Stage 1, the City will install 8 million gallons per day (mgd) of treatment capacity and approximately ten Floridan wells to supply water by August TASK ORDER NO. U04-10-02 EPX PROJECT PHASE 1- WATER PLANT SITE PLAN DEVELOPMENT 2008. In Stage 2, the City will install the remainder of the equipment needed to expand the treatment facilities to 16 mgd of product water capacity by year 2013. To assist the City with Stage 1 of this large project, the City has assembled a team of five Consultants to provide professional services for the planning, preliminary design, design, permitting and construction of the required facilities. The EPX Project team consists of the following consultants with their respective project responsibilities: · Globaltech, Inc. - Program Management · CH2M HII J., Inc. - Floridan Aquifer Well field Development · Kimley-Hom and Associates, Inc. - Water Treatment Plant Design and Site Plan Development · Metcalf & Eddy - Off-Site Pipelines Development · Arcadis G&M, Inc. - Membrane Concentrate Disposal Development The City will engage each Consultant separately for the Stage 1 work in two separate design phases: · Phase 1 - Conceptual/Preliminary Design Phase · Phase 2 -Design and Construction Phase In general, the Conceptual/Preliminary Design of Phase 1 to be conducted by the EPX Project team will accomplish the following: · Select well site locations · Construction of two Floridan aquifer test wells to determine water quality and water withdrawal rates for well and plant process sizing · Identify raw water main routing considerations · Develop the new East WTP site layout to include the new LPRO facilities and the existing facilities · Develop treatment process criteria to be used in Phase 2 design work · Determine the most feasible membrane concentrate disposal option(s) and provide design criteria for the most feasible disposal option(s) · Identify permitting requirements for improvements · Determine budgetary cost for improvements Based on the results of the Conceptual/Preliminary Design of Phase 1, the development of plans and specifications will be conducted in Phase 2, along with the construction services. These Phase 2 services are to be provided in subsequent task orders following the completion of the Phase 1 services. Services to acquire the land for raw water well sites, membrane concentrate disposal site, and easements are not included in the scope of any of the EPX Project team members. TASK ORDER NO. U04-10-02 EPX PROJECT PHASE 1- WATER PLANT SITE PLAN DEVELOPMENT Project description for Kimley-Hom and Associates, Inc. Water Plant Site Plan Development activity under the EPX Project Phase 1 services is provided in the remainder of this task order. B. Project Description for Kimley-Horn and Associates, Inc. Because of the large magnitude of the EPX Project, the EPX Project has been subdivided into five individual activities. The CITY has requested that Kimley-Horn and Associates, Inc. (KHA) assume responsibility for all water treatment components of this program that are to be constructed within the limits of the East Plant site, as well as the well heads on each of the Floridan Aquifer wells including the associated pumps, above-ground piping, and instrumentation. KHA's work as described in this Task Order will include services during Phase 1 - Conceptual/Preliminary Design Phase. KHA will represent the CITY's best interests throughout this project and serve as the CITY's representative in all matters on the project related to this scope of services. KHA's obligations include timely communication of activities and status of the project with the CITY's Senior Project Manager, Program Management staff, and other EPX Project team members. C. Scope of Services The objective of KHA's services during Phase 1 is to develop a complete and accurate site plan for placement of all facilities associated with the entire expansion program at the East Plant site. This will require development of conceptual/preliminary design criteria so that sizes of individual components required for this facility can be established. This site plan must include a construction phasing plan to allow construction of the new facilities while maintaining operation of the existing treatment plant and ancillary facilities. In order to develop an accurate footprint of the LPRO process building, KHA's work in this Phase will include development of a preliminary floor plan for this building. KHA also will develop typical site and wellhead plans for raw water supply wells under this Phase of the program. KHA will provide services for the development of conceptual/preliminary design criteria and a revised site plan under this Task Order. Task I - Review of Existing Site Conditions and Ancillary Uses Task 1.1 - Existing Site Plan The LPRO facilities must be constructed on the site currently occupied by the Lime Softening Water Treatment Plant (LSWTP) facilities and distribution system facilities. However, the lime softening plant, including all support facilities, must remain in full operation during construction of Stage 1 of the LPRO facilities which is a fully TASK ORDER NO. U04-10-02 EPX PROJECT PHASE 1- WATER PLANT SITE PLAN DEVELOPMENT operational 8.0 MGD water plant. In order to accomplish this it is important that all existing and critical facilities, both above and below ground, are shown accurately on a site plan. KHA will utilize available existing hardcopy and electronic format site drawings as a base followed by field confirmation of critical dimensions for above ground facilities. KHA will visit the site and meet with operations staff to identify critical underground facilities needed to maintain operation of the LSWTP. Once identified these critical underground facilities will be located and placed on the site plan base. The deliverable is an electronic format drawing of the existing site showing critical features, both above and below ground. This base is intended to be dimensionally adequate for site plan purposes; however, it is not intended to be dimensionally adequate for use as a horizontal control plan. Task 1.2 - Evaluation of Ancillary Uses The East Water Plant site also hosts distribution field crew employee parking, equipment parking, offices, and storage areas. The CITY desires to maintain those ancillary uses on this site. KHA will inventory the ancillary user facilities and evaluate the space requirements of these ancillary uses. The purpose of this evaluation is to determine if their current space is greater or less than that needed and if the layout of their facilities is an efficient use of available space. This evaluation will include an analysis of employee and equipment parking at the Emergency Operations Center and within the existing plant site. This information will be used to determine if there are portions of existing space used by the ancillary facilities that can be contributed to the new LPRO facility. The deliverable will be a technical memorandum describing the existing space usage and minimum space requirements for ancillary facilities and parking. The memorandum will include recommendations for incorporation into the proposed site plan. Task 1.3 - Environmental Investigation The undeveloped area on the south end of the plant site has the potential to be utilized for the proposed LPRO facilities or stormwater management purposes. KHA will perform an environmental investigation of the area to determine if there are endangered or threatened species or wetlands present. KHA will prepare a Biological Assessment Technical Memorandum summarizing the results of this investigation. Task 2 - Traffic Analysis Task 2.1 - Data Collection and Inventory KHA will perform existing AM (7 to 9 am) and PM (4 to 6 pm) turning movement counts at the intersection of Woolbright Road and Seacrest Boulevard. KHA also will perform an additional one hour turning movement count outside peak hour times because deliveries to the plant _and ancillary uses occur outside peak hour times. Concurrent with these intersection counts, KHA will manually count ingress and egress traffic accessing TASK ORDER NO. U04-10-02 EPX PROJECT PHASE 1- WATER PLANT SITE PLAN DEVELOPMENT the existing facility and will perform observations to determine by cardinal distribution the origin and destinations of truck traffic. KHA will develop site traffic projections based on track and employee traffic changes caused by the expansion and any additional information as provided by the CITY. Task 2.2 - On-Site Truck Circulation Operations Analysis Based on the preliminary site plan developed for the expansion, KHA will provide an evaluation of on-site traffic circulation. KHA will utilize the AUTOTURN program to simulate truck turning movements within the proposed site. The deliverable for this task will be a summary of recommendations for implementation into the development of the site plan as well as a summary of the AUTOTURN ._ evaluation. Task 2.3 - Conceptual/Preliminary Site Access Design Using the site entrance ingress and egress volume projections, KHA will evaluate the need for additional turn lanes based on the traffic volume, traffic operations, and vehicular queuing issues related to the proximity of the entrance driveways to the intersection of Seacrest Boulevard and Woolbright Road. KHA Will evaluate the existing curb radii for accommodation of the expected truck traffic upon expansion of the facility. The deliverable for this task will be a conceptual/preliminary access design sketch of each of the entrance driveways (Seacrest Boulevard and Woolbright Road) incorporating the recommended design elements based on our evaluation of the track traffic at the proposed entrance driveway locations. Task 3 - Raw Water Quality and Finished Water Hardness Goal Task 3.1 - Raw Water Quality Quality of the raw water expected to be treated at this facility is important in establishing conceptual/preliminary design criteria. The primary water quality parameters are sodium, chloride, sulfate, and calcium as these are the major constituents of the overall total dissolved solids (TDS) of Floridan Aquifer water. Other ions present in Floridan Aquifer water will be important later in the design process, but generally will not affect development of conceptual/preliminary design criteria. KHA will also evaluate iron, hydrogen sulfide, and silica that could affect the overall treatment process. KHA will research and acquire information on existing Floridan Aquifer explorations north and south of Boynton Beach. The deliverable will be a technical memorandum documenting TASK ORDER NO. U04-10-02 EPX PROJECT PHASE 1- WATER PLANT SITE PLAN DEVELOPMENT information found and methodology for establishing target values for major ions expected to be present in raw water entering this plant. Task 3.2 - Hardness Goal Another component of this task is establishing a goal for finished water hardness produced at this plant. KHA will examine the predicted hardness of water produced at the West Plant assuming completion of Phase 4 improvements and make recommendation as to a finished water hardness goal for the East Plant. This issue will be concluded in consultation with the EPX TRC. Task 4 - LPRO Overall Treatment Process, Individual Train Capacity, Chemical Uses, Post Treatment Task 4.1 - LPRO Overall Treatment Process, Individual Train Capacity The current conceptual capacity of this water treatment facility is 8.0 MGD, considered Phase 1 and due on-line by August, 2008. The ultimate capacity is considered 16.0 MGD with an indefinite time line. KHA will develop treatment capacity versus time charts which will be matched with projections of system demand contained in the City's CUP. These charts will be based on current schedules for completing Phase 3 and Phase 4 improvements at the West WTP and Phase 1 improvements at the East WTP. Allowed withdrawals contained in the CUP will be incorporated into these charts. A technical memorandum will be prepared summarizing these charts and providing recommendations for Phase 1 plant capacity. A Process Flow Diagram (PFD) will be developed to show the entire treatment process, from raw water supply wells to concentrate disposal. This document will establish the treatment facilities needed for all portions of the new LPRO facility. This includes pmtreatment of the raw water, membrane processes, post treatment of the drinking water, chemical additions, treatment of the concentrate, and blend water treatment. The PFD also provides a description of the sequencing of all treatment components. The deliverable is a Process Flow Diagram in CADD format. Drinking water produced by the LPRO process is naturally low in hardness and alkalinity since these constituents in the raw water are removed along with the salt. The most cost effective and customer friendly method of returning these constituents is to blend about 15% of shallow aquifer ground water with the LPRO permeate. This affects the LPRO capacity since approximately 15% of the produced drinking water comes from another source. The actual amount of blended water will be established from the results of TASK ORDER NO. U04-10-02 EPX PROJECT PHASE 1- WATER PLANT SITE PLAN DEVELOPMENT Subtask 3.2 - Hardness Goal. The deliverable is a technical memorandum providing the recommended blend volume. Capacity of each LPRO train will be established based on overall plant capacity, shallow well water blend, predicted capacity of each raw water supply well, required plant operational flexibility, available building size, and hydraulic surge considerations. KHA will analyze these factors and recommend the most appropriate individual train capacity. The recommended individual train Capacity will establish the capacity for plant capacity increases following the Stage 1 installation since train capacities should be duplicated during future expansions to the plant. The deliverable is a technical memorandum establishing individual train size and number of trains. Task 4.2 - Chemical Uses The LPRO treatment facility will require bulk storage of acid, caustic, chlorine, fluoride, scale inhibitor, and corrosion inhibitor. This task will include predicting consumptive rates of each of these chemicals, establishing a target storage duration, and determining storage volume 'for each chemical. Storage of each chemical requires space which must be accounted for in a site plan of the proposed facility. Delivered bulk sodium hypochlorite will be used as the basis for predicting chlorine storage requirements. The site plan will allow space for on-site generation (OSG) of hypochlorite facilities to allow this option to remain available. The LSWTP currently uses gaseous chlorine. KHA will examine the impacts of continuing the use of gaseous chlorine versus converting this facility to hypochlorite. This analysis will include an examination of when conversion should or could occur. The deliverable is a technical memorandum establishing storage requirements for each chemical and an analysis of the LSWTP chlorine options. Task 4.3 - Post Treatment KHA will identify loading rates, dosage rates, size and other relevant data on post- treatment Components of the water treatment facility. These will include, but not necessarily be limited to, permeate degasification, permeate stabilization, permeate disinfection, finished water ammoniation, corrosion inhibitor, fluoride addition, chlorine contact time/clearwell configuration, transfer pumping, odor abatement, concentrate degasification/treatment, and ion exchange treatment of shallow well raw water. This work will include conceptual/preliminary sizing of these components so that their space requirement and placement can be determined for development of an overall site plan. Some of these components may not be needed in the final design; however, it is prudent to make space available in the event they are needed. The deliverable will be a technical memorandum identifying assumptions, criteria, and conceptual/preliminary sizing of each of these components. TASK ORDER NO. U04-10-02 EPX PROJECT PHASE 1- WATER PLANT SITE PLAN DEVELOPMENT Task 5 - Process Building Layout A building layout must be developed to house those components of this new water treatment facility that belong together and under one roof. These components include, but are not necessarily limited to, membrane treatment trains, electrical switching and motor starter equipment, wet laboratory, chemical injection pump rooms, operator space, membrane cleaning facilities, storage, micron filtration, emergency electrical generation, and control space. Space will be provided to accommodate control of the LSWTP to be moved into the RO Building. It is more practical and cost effective to place all control functions at a single location. Provisions will be made for control of all off-site wells and facilities. Space will be provided for noise abatement features on the building. Space will be provided for back-up and redundant equipment to provide adequate reliability for the new water treatment of facilities. A layout will be developed that includes those components that are needed for this facility and this layout will accommodate expansion of the facility to its ultimate capacity of 16.0 MGD. Electrical one-line diagrams will be developed to identify the power requirements for the entire LPRO facility. These will include provisions for redundancy and allow establishment of electrical switching/distribution space requirements. During this task overall height of the building will be established; however, architectural treatment of the building will be addressed in Phase 2 - Design. The deliverable for this task is a scaled drawing of the building floor plans and sections, assuming it will have multiple levels. Task 6 - High Service Pumping The existing high service pumping facility will be examined and evaluated for its ability to meet needs of the new treatment facilities to be constructed at this site. This examination will include an evaluation of capacity, condition, and impact on future site development. In the likely event that this facility will require replacement, this task is to include identification of pump types, hydraulic requirements on both suction and discharge side of the pumps, and placement of replacement high service pumping facilities. The deliverable for this task will be a technical memorandum providing findings of evaluating the existing facility and conclusions reached toward a replacement facility if required. If a replacement facility is required, this technical memorandum will identify pump type, hydraulic requirements and a recommended placement for new high service pumps. TASK ORDER NO. U04-10-02 EPX PROJECT PHASE 1- WATER PLANT SITE PLAN DEVELOPMENT Task 7 - Site Layout and Summary Report Task 7.1 - Final Site Plan Findings, conclusions, and recommendations developed under the previous tasks will be used to develop a site plan which accommodates all required components or facilities needed to support a 16 MGD LPRO treatment facility on this site. A key component of this site plan will be accommodating, and maintaining in service, the existing lime softening treatment, sludge handling, high service pumping, and ancillary facilities located on this site. Development of a site plan will include identification of major underground facilities, including piping and electrical power distribution. This site plan will also address on-site traffic circulation and stormwater management requirements. Noise and odor emissions from the new facilities are to be controlled by treatment facilities and design of the building. However, placement of odor or noise emitting facilities will be considered a part of site planning by placing these facilities away from neighbors that would be offended. Areas to receive landscaping treatment will be indicated on the Site Plan. Site security measures identified in the current Vulnerability Assessment (VA) will be incorporated as well as new features which address the City's objectives as stated in the VA. The Site Plan will provide for additional public parking for the existing Emergency Operations Center Building and retaining Arbor Park. Space will be allocated for construction and operation of up to two (2) deep injection wells which may be required for disposal of concentrate. A pumping station will be called for to move concentrate to the injection well(s) or an off-site location. Space will be provided for two - 5 MG ground storage tanks. One of these may be constructed in the future Stage 2 expansion of the LPRO facility. The deliverable will be an electronic format site plan showing proposed facilities, staging of their construction, and existing facilities located on this site. Task 7.2 - Summary Report A summary report will be prepared that combines all of the previously developed technical memoranda and reports. This report will provide justification for the decisions made in formulating the final site plan and will serve as a precursor to the Basis of Design Report that will be developed as part of Phase 2. TASK ORDER NO. U04-10-02 EPX PROJECT PHASE 1- WATER PLANT SITE PLAN DEVELOPMENT Task 8 - Wellheads The Floridan Aquifer raw water supply wells associated with this improvement program represent an integral part of the treatment process. Control and functioning of these supply wells must be from the new water treatment plant. Each well represents a significant investment due to its depth, artesian pressure, and aggressive nature of Floridan Aquifer water. KHA will prepare three basic alternate well site layout and well head development plans which show the differences in below ground pumps, above ground pumps and above/below ground with buildings. Well sites layout will be selected after completion of this task and the concepts developed under this task will likely be used to help in selecting well sites. The space needed for each site and physical appearance of a developed well site is an important factor in judging the suitability of a site. Below ground pumps will be submersible style and above ground pumps will be limited to end suction. Site plans will be developed fOr the submersible alternate using below ground wellhead piping and above ground piping. A site plan for above ground pumps must have above ground piping. The advantage of above ground pumps is accessibility to all rotating parts; however, this type of pump limits allowable drawdown in the well. All site plan alternates will include area requirements for drilling a well, placing a rig on a well for maintenance, fencing, site access, electrical supply and control features. Each alternate will also address provision of emergency electrical power. Since these wells will be far from the water plant, the most reasonable method of providing emergency power is by an engine driven generator located at the site. Generators will be propane gas powered and housed in a building. Buildings will include sound attenuating features. Site plans will allow for landscaping. The deliverable for this task will be preliminary site and wellhead plans for the Floridan Aquifer well sites. Task 9 - Community Involvement Task 9.1 - White Papers and Journal Articles KHA will prepare White papers or journal articles describing elements of our work during Phase 1 upon request by the CITY. Per the CITY's request, we have budgeted $5,000 for this Subtask. 10 TASK ORDER NO. U04-10-02 EPX PROJECT PHASE 1- WATER PLANT SITE PLAN DEVELOPMENT Task 9.2. Community Involvement Meetings KHA will participate in up to two Community Involvement meetings. It is understood that these may include presentations to the City Commission. KHA will prepare presentation graphics for use at these meetings and will present on elements of the project for which we are responsible. Task 10- Pre-Permitting Activities KHA will prepare for and participate in a roundtable discussion with members of the EPX Project Team and representatives of the agencies from which the team will be seeking permits for this project. The purpose of the meeting will be to educate the agencies on the full scope of the project and introduce the parties to one another. The EPX team intends to obtain their input as to potential hurdles to permitting, specific requirements that will have to be met, and how the permitting process can be expedited. Task 11 - EPX Team Coordination, Progress Meetings, and TRC Meetings KHA will participate in twice monthly meetings with the EPX Team to review general progress or participate, in EPX TRC reviews of project deliverables. KHA also will maintain close coordination and share information as necessary with the other EPX Team members, especially those handling the raw water well and concentrate disposal assignments to facilitate the successful completion of the Phase 1 Conceptual/Preliminary Design. D. Assumptions 1. KHA assumes that final site plan approval will be included in Phase 2 of the East Plant expansion. 2. KHA assumes that the proposed level of coordination with other EPX Team members will be sufficient to facilitate a smooth and timely exchange of data and information. 3. KHA assumes that technical memoranda and minor reports will be reviewed.at 90% completion, with comments from the EPX Program Manager and the CITY incorporated into final deliverables. 4. KHA assumes that the Summary Report and deliverables that include conceptual/preliminary design drawings will be subject to 50%, and 90% reviews prior to final submission. 5: KHA assumes that the C1TY will organize, schedule, and coordinate'the Community Involvement meetings. 6. KHA assumes that the CITY will coordinate our participation in presentations to the City Commission. TASK ORDER NO. U04-10-02 EPX PROJECT PHASE 1- WATER PLANT SITE PLAN DEVELOPMENT E. Contract Reference This Task Order shall be performed under the terms and conditions described within the Agreement for General Engineering Consulting Services (Resolution #R03-182) dated November 18, 2003 between the City of Boynton Beach and Kimley~Hom and Associates, Inc. F. Additional Services KHA believes the proposed scope of services to be generally inclusive of the required tasks. However, KHA will provide additional services at the request of the CITY and EPX Program Manager upon receipt of written authorization to proceed. KHA. also will provide additional services that arise due to unforeseen circumstances with prior written authorization from the EPX Program Manager and the C1TY. G. Obligations Of The City 1. The C1TY shall provide the KHA, in a timely manner, record data and information related to the Project as necessary for the performance of services specified herein. 2. The CITY shall review all drawings and other documents presented by KHA; obtain advice of an attorney, insurance counselor, and others as CITY deems appropriate for such review and render decisions pertaining thereto within reasonable time so as not to delay the services of KHA. 3. The CITY will designate representative(s) to serve as point(s) of communication with the KHA. 4. The CITY shall provide existing site drawings in an electronic format which allows modification of those drawings as well as a non-copyrighted copy including permission from the preparer of those drawings for the CITY and the KHA to modify and reuse those drawings. H. Deliverables KHA will prepare the following deliverables for submission to the CITY and EPX Program Manager. Any drawings submitted as final deliverables will be 24" x 36". The proposed deliverables are listed below: Deliverable 1.1 - Existing Site Plan Deliverable 1.2 - Technical Memorandum: Ancillary User Space Requirements Deliverable 1.3 - Technical Memorandum: Biological Assessment Deliverable 2.1 - Site Traffic Projections and Summary of Collected Data 12 TASK ORDER NO. U04-10-02 EPX PROJECT PHASE 1- WATER PLANT SITE PLAN DEVELOPMENT Deliverable 2.2- Summary of Traffic Recommendations and Autoturn Evaluation Deliverable 2.3 - ConceptualfPreliminary Access Design Sketches of Entrance Driveways Deliverable 3.1 - Technical Memorandum: Predicted Raw Water Quality Deliverable 3.2 - Technical Memorandum: Finished Water Hardness Goal Deliverable 4.1.1- Technical Memorandum: Projected Customer Demands Versus Plant Capacity Deliverable 4.1.2 - Overall Process Flow Diagram Deliverable 4.1.3 - Technical Memorandum: Recommended Blend Volume Deliverable 4.1.4 - Technical Memorandum: LPRO Train and System Capacity Deliverable 4.2 - Technical Memorandum: Chemical Storage and LSWTP Chlorine~ Options !~ Deliverable 4.3 - Technical Memorandum: Post Treatment Components Deliverable 5- Building Floor Plans, Sections and Electrical One-line Diagrams Deliverable 6- Technical Memorandum: High Service Pumping Requirements Deliverable 7.1 - Final Site Plan Deliverable 7.2 - Summary Report Deliverable8- Preliminary Site and Wellhead Plans for Floridan Aquifer Well Sites Deliverable 9.1 - White Papers or Journal Articles Deliverable 9.2 - Community Involvement Meeting Presentation Graphics and Oral Presentations Deliverable 10 - Participation in Roundtable Discussion Deliverable 11 - Participation in EPX Team and TRC Meetings 13 TASK ORDER NO. U04-10-02 EPX PROJECT PHASE 1- WATER PLANT SITE PLAN DEVELOPMENT I, Compensation Compensation by the CITY to the KHA for all tasks will be on a time and materials basis in accordance with the above mentioned Agreement. The estimated compensation for the services described in this Task Order No. U04-10-02 is $350,996.00 as shown in Table 1 below and on the attached estimate for engineering services. KHA will not exceed the fee amount of the individual tasks without prior written approval of the EPX Program Manager or the CITY. Table 1: Labor and Expense Summary EAST WATER TREATMENT PLANT EXPANSION CONCEPTUAL/PRELIMINARY DESIGN AND SITE PLAN DEVELOPMENT Labor Labor Expenses Total Cost Hours Cost Task 1- Review of Existing Site 312 $32,455 $6,029 $38,484 Conditions and Ancillary Uses Task 2 - Traffic Analysis 95 $8,765 $713 $9,478 Task 3 - Raw Water Quality 72 $9,250 $2,041 $11,291 and Finished Water Hardness Goal Task 4 - LPRO Overall 364 $43,575 $10,429 $54,004 Treatment Process, Individual Train Capacity, Chemical Uses, Post Treatment Task 5 - Process Building 238 $28,135 $12,526 $40,661 Layout Task 6 - High SerVice Pumping 96 $10,985 $973 $1L958 Task 7 - Site Layout and 302 $33,135 $6,758 $39,893 Summary Report Task 8 - Wellheads 274 $30,580 $6.919 $37,499 Task 9 - Community 135 $17,290 $2,291 $19,581 Involvement Task 10 - Pre-Permitting 48 $6,230 $1,124 $7.354 Activities Task 11 - EPX Project Team 580 $73,720 $7,073 $80,793 Coordination, Progress Meetings, and TRC Meetings Totals 2516 $294,120 $56,876 $350,996 14 TASK ORDER NO. U04-10-02 EPX PROJECT PHASE 1- WATER PLANT SITE PLAN DEVELOPMENT J. Schedule The KHA will commence conceptual/preliminary design and site development services upon receipt of written authorization and will complete all work associated with Tasks 1 through 11 of this Task Order U04-10-02 in accordance with the attached master schedule developed by the EPX Project team. As this is a team effort between five consultants retained by the CITY, KHA will adhere to the master schedule agreed to by the EPX Project team and the CITY. DATED this day of ,2004. CITY OF BOYNTON BEACH KIMLEY-HORN AND ASSOCIATES, INC. Kurt Bressner, City Manager Charles L. G Vice President Attest/Authenticated: City Clerk (Corporate Seal) Approved as to Form: Attest/Authenticated: Office of the City Attorney ~ 15 TASK ORDER NO. U04-10-02 EPX PROJECT PHASE 1 - WATER PLANT SITE PLAN DEVELOPMENT ATTACHMENT 1 ESTIMATE FOR ENGINEERING SERVICES PHASE 1 TASK ORDER NO. U04-10-02 EPX PROJECT PHASE 1 - WATER PLANT SITE PLAN DEVELOPMENT ATTACHMENT 2 MASTER SCHEDUI.E METCALF & EDDY, INC. TASK ORDER U04-15-03 EAST PLANT EXPANSION Task Order No. U04-15-03 ~O~,,I~,O. AGENDA 5/18/04 City Of Boynton Beach East Water Treatment Plant Expansion Stage 1 Conceptual/Preliminary Design Phase 1 Engineering Services for Off-Site Pipelines A. Background The City of Boynton Beach (City) is embarking on a major improvement project for the .City's East Water Treatment Plant (WTP). The project named "East. Plant Expansion" (or "EPX" for short) will address the City's future water needs. Currently, the South Florida Water Management District (SFWMD) limits the quantity of water available for withdrawal fi:om the City's primary source of water, the surficial Biscayne aquifer, for potable water use. If not addressed, this existing water withdrawal restriction will create water shortages for the City in the future. Water Supply. The EPX Project will resolve the potential water shortage issues by changing the East WTP's primary water source from the existing surficial Biscayne aquifer to the deeper more plentiful upper Floridan aquifer. Due to these withdrawal limitations and restrictions placed on the surficial Biscayne aquifer, the City is mining to the Floridan aquifer as an additional alternative water source to the surficial Biscayne aquifer in order to meet its future water demands. The change in the primary water source will provide the City with an adequate water supply and help the environment by reducing the potential for salt-water intrusion into the surrounding area's groundwater near the East WTP. Water Treatment. By changing the primary water source to the upper Floridan aquifer, the EPX Project will also change the water treatment process at the East WTP ~om lime softening to a low-pressure reverse osmosis (LPRO) treatment system. The new LPRO treatment process will produce flesh water from the brackish upper Floridan aquifer water source. The LPRO membrane treatment process is similar to the existing membrane softening process at the West WTP and will produce a higher quality of water that is low in color and hardness than currently produced by the existing lime treatment process at the East WTP. The new LPRO membrane treatment process also provides the City with the best available technology to meet the existing and pending water quality requirements of the Environmental Protection Agency. Project Approach. It is anticipated that the required facilities for the East WTP will be constructed in two stages. In Stage 1, the City will install 8 million gallons per day (mgd) of treatment capacity and approximately ten Floridan wells to supply water by August TASK ORDER NO. U04-15-03 EPX PROJECT PHASE 1- OFF-SITE PIPELINES 2008. In Stage 2, the City will install the remainder of the equipment needed to expand the treatment facilities to 16 mgd of product water capacity by year 2013. To assist the City with Stage 1 of this large project, the City has assembled a team of five Consultants to provide professional services for the planning, preliminary design, design, permitting and construction of the required facilities. The EPX Project team consists of the following consultants with their respective project responsibilities: Globaltech, Inc. - Program Management · CH2M HILL, Inc. - Floridan Aquifer Well field Development · Kimley-Hom and Associates - Water Treatment Plant Design and Site Plan Development · Metcalf & Eddy- Off-Site Pipelines Development · Arcadis G&M, Inc. - Membrane Concentrate Disposal Development The City will-engage each Consultam separately for the Stage 1 work in two separate design phases: · Phase 1 - Conceptual/Preliminary Design Phase · Phase 2 -Design and Construction Phase In general, the Conceptual/Preliminary Design of Phase 1 to be conducted by the EPX Project team will accomplish the following: · Select well site locations · Construction of two Floridan aquifer test wells to determine water quality and water withdrawal rates for well and plant process sizing · Identify raw water main routing considerations · Develop the new East WTP Water site layout to include the new LRPO facilities and the existing facilities · Develop treatment process criteria to be used in Phase 2 design work · Determine the most feasible membrane concentrate disposal option(s) and provide design criteria for the most feasible disposal option(s) · Identify permitting requirements for improvements · Determine budgetary cost for improvements Based on the results of the Conceptual/Preliminary Design of Phase I, the development of plans and specifications will be conducted in Phase 2, along with the construction services. These Phase 2 services are to be provided in subsequent task orders following the completion of the Phase 1 services. Services to acquire the land for raw water wells sites, membrane concentrate disposal site, and easements are not included in the scope of any of the EPX Project team members. Project description for Metcalf & Eddy's Off-Site Pipeline Development activity under the EPX Project Phase 1 services is provided in the remainder of this task order. TASK ORDER NO. U04-15-03 EPX PROJECT PHASE 1- OFF-SITE PIPELINES B. Project Description for Metcalf & Eddy Because of the large magnitude of the EPX Project, the EPX Project has been subdivided into five individual activities. Metcalf & Eddy (M&E) has been chosen to provide professional engineering services for all off-site piping for Phase 1 of the the EPX Project. This piping will primarily consist of a new raw water line to supply the Floridan Aquifer water to the East WTP site. M&E's project scope will be at the interface where raw water piping goes below grade (at below grade isolation valve) at each Floridan well location to the East WTP site. The scope may also include the concentrate disposal line and fmished water distribution mains. The CITY has asked each consultant to provide a fee proposal to assist in the conceptual/preliminary design phase of the project. M&E's role during this first phase will be attending meetings to coordinate with project team members as needed, review information for those items which affect off-site piping routes, and provide assistance in community involvement. M&E's obligations include timely communication of activities and status of the project with the CITY's Senior Project Manager, Program Management staff (Globaltech), and other EPX Team members. C. Scope of Services M&E will provide professional engineering services to the CITY as follows: Task 1- M&E Project Management Task 1.1. Management Project Management activities comprise contract administration, .coordination of project staff, monitoring of progress and project costs during the project. Task 1,2- Project Meetings M&E will attend the following meetings with representatives of the CITY as part of this project, as follows: a. Monthly EPX Project Team Meetings b. EPX Technical Review Committee (TRC) Meetings For estimating purposes, we have assumed 18 monthly team meetings and 18 consultant interaction/technical review committee meetings each at an average of 6-hour durations. It is assumed that Globaltech, as the overall program's project manager, will be providing agenda and minutes for each monthly team meeting. For the TRC meetings identified in 'b' above, M&E will distribute a brief memorandum to each EPX member regarding TASK ORDER NO. U04-15-03 EPX PROJECT PHASE 1- OFF-SITE PIPELINES pertinent subject matter discussions. It is anticipated that M&E will be meeting with CH2MHill for well siting discussions, Arcadis for disposal discussions, and Kimley-Hom for finished water and water main route discussions. M&E is committed to fostering strong relationships with the EPX members. These meetings are one vehicle to meet our commitment. Task 2. - Conceptual Design M&E will provide review and assistance in those items which affect off-site piping routes. These items consist of Review and input for raw water well siting and concentrate disposal studies prepared by CH2M Hill and Arcadis, respectively, · Review of Kim[ey-Hom~s Technical Memorandtrm of well sites and East WTP .qte plan, · Review of rights-of-way and easements for the probable pipe route, · Review of permitting requirements, · Researching grant oppommifies, and · Preparation of a technical memorandum summarizing items above. As part of this task and upon agreement of well locations and method of concentrate disposal, M&E will prepare a budgetary cost estimate for all off-site pipelines. The purpose of the budgetary cost estimate is to allow for the CITY to have a planning cost as part of the overall plant expansion project. Task 3 - Community Involvement M&E shall prepare for, participate in, and conduct public information meetings as deemed appropriate by the CITY. At the request of the CITY or the Program Manager, M&E will attend and participate in City Cpmmission meetings and provide updates to the City Commission. This task includes but may not be limited to providing assistance at City Commission Meetings, public meetings, and providing for journal articles. Hence, a $5,000 allowance has been provided in the fee proposal for this task. Task 4 - Permitting Seminars It is anticipated that the EPX Project team will host several pre-permitting events to inform and update the regulatory agencies as to the goals of the CITY's EPX Program. Early meetings will provide an overview of the program, however, as the program progresses, preliminary reviews and technical issues will be discussed to gain pre- approval from the permitting agencies. These seminars will be necessary to facilitate and understanding in a roundtable setting between permitting agencies such as the Health Department/FDEP, FDOT, Florida East Coast Railroad, and various City and County TASK ORDER NO. U04-15-03 EPX PROJECT PHASE 1- OFF-SITE PIPELINES agencies as needed for the off-site pipeline. Hence, a $5,000 allowance has been provided in the fee proposal for this task. Project Team The project team will be led by Mr. Alejandro Toro, P.E. who will act as principal-in- charge. The M&E's project manager will be Mr. Jim Penkosky, P.E. D. Assumptions 1. The services under this scope of work are for the next 18 months during the conceptual planning stage shown in the overall project schedule. After that it is assumed that M&E will be providing design services under a new scope of work. E. Contract Reference This Task Order shall be performed under the terms and conditions described within the Consultant Agreement, Two-Year General Consulting and Engineering Contract dated November 18, 2003 between the CITY and Metcalf & Eddy. F. Additional Services At this time, there are no additional services anticipated that M&E would provide outside these scope of services. However, should the need for additional services arise, M&E will inform the CITY and Program Manager in writing prior to the commencement of any additional services. Any additional services can be provided, if desired by the CITY, under a separate Task Order(s) or by amendment to this Task Order. Services performed will be on an as- directed basis in accordance with a written Notice to Proceed fi:om the CITY. G. Obligations of the CITY 1. The CITY or Program Manager shall provide M&E in a timely manner, record data and information related to the project as necessary for the performance of the services specified herein. 2. The CITY shall review all documents presented by M&E; obtain advice of an attorney, insurance counselor, and other as CITY deems appropriate for such review and render decisions pertaining thereto within reasonable time so as not to delay the services of M&E. H. Deliverables Deliverables under Phase 1 of this project consist of the following: Meeting Minutes as required for Technical Review Committee TASK ORDER NO. U04-15-03 EPX PROJECT PHASE 1- OFF-SITE PIPELINES · Technical Memorandum for Conceptual Design under Task 2 · Budgetary Cost Estimate I. Compensation M&E proposes to perform all tasks outlined above for a time and materials amount of $128,722. M&E will not exceed the fee amount of the individual tasks without prior written approval of the program manager or CITY. A cost estimate presenting a breakdown of fees and hours per task is included as Attachment 1. The fees are summarized below: Labor Labor Task Designation Hours Cost Expenses Total Cost 1.1 Management 80 $9,080 $220 $9,300 1.2 Project Meetings 432 $60,156 ' $220 $60,376 2.0 Conceptual Planning 438 $48,496 $550 $49,046 3.0 Community Involvement -- $5,000 - $5,000 4.0 Permitting Seminars -- $5,000 - $5,000 Totals 950 $127,732 $990 $128,722 J. Project Schedule The M&E will commence work upon receipt of written authorization and complete work associated with this Task Order in accordance with the master schedule developed by the EPX Project team provided in Attachment 2. As this is a team effort between five consultants retained by the CITY, M&E will adhere to the master schedule agreed by the EPX Project team and the CITY. M&E is fully committed to achieving all dates for our responsible portion of the work. Once applicable for off-site piping, M&E will be providing a scope specific schedule in Microsoft Project. TASK ORDER NO. U04-15-03 EPX PROJECT PHASE 1- OFF-SITE PIPELINES DATED this day of ,2004. CITY OF BOYNTON BEACH METCALF & EDDY, INC. Kurt Bressner, City Manager ~ Vice President Attest/Authenticated: Title City Clerk (Corporate Seal) Approved as to Form: Attest/Authenticated: Office of the City Attorney N6 TASK ORDER NO. U04-15-03 EPX PROJECT PHASE 1- OFF-SITE PIPELINES ATTACHMENT I COST ESTIMATE PHASE 1 TASK ORDER NO. U04-15-03 EPX PROJECT PHASE 1- OFF-SITE PIPELINES ATTACHMENT 2 MASTER SCHEDULE ARCADIS G&M, INC. TASK ORDER U04-01-01 EAST PLANT EXPANSION Task Order No. U04-01.01 ~o~i~s~o~ AGENDA 5/18/04 City of Boynton Beach East Water Treatment Plant Expansion Stage 1 Conceptual/Preliminary Design Phase 1 Engineering Services for Membrane Concentrate Disposal Evaluation A. Background The City of Boynton Beach (City) is embarking on a major improvement project for the City's East Water Treatment Plant (WTP). The project named "East Plant Expansion" (or "EPX" for short) will address the City's future water needs. Currently, the South Florida Water Management District (SFWMD) limits the quantity of water available for withdrawal from the City's primary source of water, the surficial Biscayne aquifer, for potable water use. If not addressed, this existing' water withdrawal restriction will create water shortages for the City in the future. Water Supply. The EPX Project will resolve the potential water shortage issues by changing the East WTP's primary water source from the existing surficial Biscayne aquifer to the deeper more plentiful upper Floridan aquifer. Due to these withdrawal limitations and restrictions placed on the surficial Biscayne aquifer, the City is turning to the Floridan aquifer as an additional altemative water source to the surficial Biscayne aquifer in order to meet its future water demands. The change in the primary water source will provide the City with an adequate water supply and help the environment by reducing the potential for salt-water intrusion into the surrounding area's groundwater near the East WTP. Water Treatment. By changing the primary water source to the upper Floridan aquifer, the EPX Project will also change the water treatment process at the East WTP from lime softening to a low-pressure reverse osmosis (LPRO) treatment system. The new LPRO treatment process will produce fresh water from the brackish upper Floridan aquifer water source. The LPRO membrane treatment process is similar to the existing membrane softening process at the West WTP and will produce a higher quality of water that is low in color and hardness than currently prOduced by the existing lime treatment process at the East WTP. The new LPRO membrane treatment process also provides the City with the best available technology to meet the existing and pending water quality requirements of the Environmental Protection Agency. Project Approach. It is anticipated that the required facilities for the East WTP will be constructed in two stages. In Stage 1, the City will install 8 million gallons per day (mgd) of treatment capacity and approximately ten Floridan wells to supply water by TASK ORDER NO. U04-01-01 EPX PROJECT PHASE 1- MEMBRANE CONCENTRATE DISPOSAL EVALUATION August 2008. In Stage 2, the City will install the remainder of the equipment needed to expand the treatment facilities to 16 mgd of product water capacity by year 2013. To assist the City with Stage 1 of this large project, the City has assembled a team of five Consultants to provide professional services for the planning, preliminary design, design, permitting and construction of the required facilities. The EPX Project team consists of the following consultants with their respective project responsibilities: · Globaltech, Inc. - Program Management · CH2M HILL, Inc. - Floridan Aquifer Well field Development · Kimley-Horn and Associates - Water Treatment Plant Design and Site Plan Development · Metcalf & Eddy - Off-Site Pipelines Development · Arcadis G&M, Inc. - Membrane Concentrate Disposal Development The City will engage each Consultant separately for the Stage 1 work in two separate design phases: · Phase 1 - Conceptual/Preliminary Design Phase · Phase 2 -Design and Construction Phase In general, the Conceptual/Preliminary Design of Phase 1 to be conducted by the EPX Project team will accomplish the following: · Select well site locations · Construction of two Floridan aquifer test wells to determine water quality and water withdrawal rates for well and plant process sizing · Identify raw' water main routing considerations · Develop the new East WTP Water site layout to include the new LRPO facilities and the existing facilities · Develop treatment process criteria to be used in Phase 2 design work · Determine the most feasible membrane concentrate disposal option(s) and provide design criteria for the most feasible disposal option(s) · Identify permitting requirements for improvements · Determine budgetary cost for improvements Based on the results of the Conceptual/Preliminary Design of Phase 1, the development of plans and specifications will be conducted in Phase 2, along with the construction services. These Phase 2 services are to be provided in subsequent task orders following the completion of the Phase 1 services. Services to acquire the land for raw water wells sites, membrane concentrate disposal site, and easements are not included in the scope of any of the EPX Project team members. Project description for ARCADIS's Membrane Concentrate Disposal Evaluation activity under the EPX Project Phase 1 services is provided in the remainder of this task order. TASK ORDER NO. U04-01-01 EPX PROJECT PHASE 1- MEMBRANE CONCENTRATE DISPOSAL EVALUATION B. Project Description for ARCADIS Because of the large magnitude of the EPX Project, the EPX Project has been subdivided into five individual activities. ARCADIS (CONSULTANT) will perform a Membrane Concentrate Disposal Evaluation for the drinking water by-product to be generated by the planned East WTP LPRO treatment system. The work includes the completion of a memorandum that identifies and ranks options that can be permitted and are practical, and recommends further evaluation of the 2 or 3 most suitable options. ARCADIS will further evaluate the technical feasibility and cost of the highest ranked options and complete a report describing findings. In addition, during Phase 1, ARCADIS will anticipate and provide project-knowledgeable staff to attend semi-monthly (twice per month) meetings (EPX Project progress meetings and EPX technical review meetings). Also, ARCADIS will participate in public information events such as Commission Meetings, c0mmur~'.ty, activities and meetings, agency seminars~ prep~ation of white papers and technical conference presentations, as requested by the CITY. C. Scope of Services ARCADIS will prepare a Membrane Concentrate Disposal Evaluation for handling drinking water by-product generated by the planned East WTP LPRO treatment system. Task 1 - Identify Permittable Options A_RCA.DIS will identify reasonable options for disposal. Available options will be determined from internal discussions and input from City staff and its consulting team. Current apparent options are: · Deep well injection · Shallow injection · Sanitary sewer discharge · Ocean outfall · Near-shore ocean discharge · Intracoastal waters · Surface disposal through exfiltration gallery · Re-use for irrigation ARCADIS will contact the Florida Department of Environmental Protection and other regulatory agencies, as appropriate (i. e., Palm Beach County Department of Environmental Resources Management, Palm Beach County Health Unit), to discuss the potential to permit the various options. Some options may be permittable but the process is long. Since the project schedule is critical, discussions will include the length of time necessary and likely for permitting. ARCADIS will prepare a draft memorandum for review by City staff and the consulting team, including a ranking of options and recommendations to further'evaluate the most permittable options. At the present time, TASK ORDER NO. U04-01-01 EPX PROJECT PHASE 1- MEMBRANE CONCENTRATE DISPOSAL EVALUATION further evaluation will be limited to a maximum of 3 options. The "Memorandum" will be finalized after receipt of comments. Task 2 - Evaluate Most Permittable Options The options identified in Task 1 will be further evaluated in this Task 2. The two or three most attractive options will be evaluated for technical feasibility and cost. Consideration will be given to the following factors: · Probable time needed to permit · Cost and time for acquisition of land, right of way, and/or negotiated agreements · Constructability by June 2008 · Public perception · Cost to acquire Property and permit, design and construct (separate costs) the disposal facilities, pipeline and ancillary treatment facilities · Cost for operation and maintenance · Design implications related to backup and redundancy requirements · Data needed for permit application The options will be compared, including a present worth analysis of each of the (2 or 3) options and including a separate analysis of intangible factors, if any. A draft report will be prepared that addresses the factors considered in reviewing the most permittable options and including a recommendation for the most favorable option. After review and comment on the draft report by City staff and the consulting team, a final "Report" will be prepared and submitted. Task 3 - Team Meetings During Phase 1, ARCADIS will anticipate and provide project-knowledgeable staff to attend semi-monthly (twice per month) meetings (EPX Project progress meetings and EPX technical review meetings), as may be requested by the CITY. It is assumed that Globaltech, as the overall program's project manager, will be providing agenda and minutes for each monthly team meeting. For the TRC meetings, ARCADIS will distribute a brief memorandum to each EPX member regarding pertinent subje.ct matter discussions. It is anticipated that ARCADIS will be meeting with Kimley-Hom to discuss membrane concentrate water quality and with Metcalf and Eddy to discuss water main route issues. Task 4- Community Involvement ARCADIS will participate in public information events such as Commission Meetings, community activities and meetings, agency seminars, preparation of white papers and technical conference presentations, as requested by the CITY. At the request of the CITY staff, ARCADIS will attend and participate in City Commission meetings and provide updates to the City Commission. TASK ORDER NO. U04-01-0'1 EPX PROJECT PHASE 1- MEMBRANE CONCENTRATE DISPOSAL EVALUATION Task 5 - Grant Applications During Phase 1, ARCADIS will make efforts to identify cooperative funding and grant opportunities for which the project may be eligible and bring those opportunities to the attention of CITY staff. Upon direction from CITY staff, ARCADIS will prepare and submit applications for funds to meet the application deadlines, along with supporting documentation as may be required. D. Assumptions In order to complete as current and accurate a study as possible, ARCADIS will need timely data about the following: Flow rate and water quallty for Stage 1 (8 mgd finished water capacity) · Flow rate and water quality for Stage 2 (16 mgd finished water capacity) · Schedule of target completion for Plant Expansion Stage 1 and Stage 2 E. Contract Reference This Task Order shall be performed under the terms and conditions described in the Agreement for General Engineering Services dated November 18, 2003, between the City of Boynton Beach and ARCADIS G&M, Inc. F. Additional Services Additional Services may be provided by ARCADIS upon request by the CITY. These services may include but are not limited to those services not provided in Section C. Additional Services may include services that were expected to be provided by others (Section D) but were not or cannot be provided by others. Other examples of Additional Services include but are not limited to permitting, design or construction management services; preparation of specifications; data acquisition including but not limited to construction or testing to determine disposal capacity; collection and analysis of hydrogeologic, geotechnical, water quality or biological data; surveying or appraisal services. G. Obligations of the City The City shall promptly provide ARCADIS, as needed, with record data, drawings. (electronic) and information regarding right of ways available to the City, lands under the City's ownership or control, the City's rights of use of facilities inside and outside the City (including the South Central Regional Wastewater Treatment Plant, sewer and water transmission lines), and costs and appraisals of various properties and types of properties inside and outside the City, to the extent the data and information is available to the City. TASK ORDER NO. U04-01-01 EPX PROJECT PHASE 1- MEMBRANE CONCENTRATE DISPOSAL EVALUATION H. Deliverables Deliverable 1 (Memorandum) shall represent that Task 1 is 100 % complete. Deliverable 2 (Report) shall represent that Task 2 is 100% complete. Draft versions of both Deliverables will be provided for review and comment by the City and EPX consulting team before the final Deliverables are prepared. I. Compensation The CONSULTANT shall invoice the CITY monthly for services completed in the previous month, on a time-and-expenses basis, at rates established in the Agreement (referenced in Section E) between the CONSULTANT and the CITY. The CONSULTANT also will provide the Senior Project Manager and the EPX Program Manager with an update on project budget status monthly. The CITY shall promptly process each invoice, promptly notify the CONSULTANT of any charges in dispute, and pay .the CONSULTANT for amounts not in dispute promptly in accordance with the terms of the Agreement. ARCADIS proposes to perform all tasks outlined above for a time-and-expenses amount of $128,814.10. ARCADIS will not exceed the fee amount of the individual tasks without prior written approval of the program manager or CITY. Attachment 1 shows the estimated staff hours and estimated labor fees for this Task Order. The fees are summarized below: Labor Labor Task Designation Hours Fee ExpenSes Total Fees 1. Identify Options 174 $25,055 $1,327 $26,382 2. Evaluate Most Pemittable Options 226 $30,855 $1,018 $31,873 3. Team Meetings 162 $24,900 $822 $25,722 4. community I~volvement 115 $15,620 $515 $16,135 5. Grant Applications 201 $27,785 $917 $28,702 Totals 878 $124,215 $4,599 $128,814 J. Schedule ARCA_DIS will commence work upon receipt of written authorization and complete work associated with this Task Order in accordance with the attached master schedule developed by the EPX Project team. TASK ORDER NO. U04-01-01 EPX PROJECT PHASE 1- MEMBRANE CONCENTRATE DISPOSAL EVALUATION Deliverable 1 will be provided within 2 months of written authorization to proceed. Deliverable 2 will be provided within 5 months of receipt of written authorization to proceed. TASK ORDER NO. U04-01~01 EPX PROJECT PHASE 1- MEMBRANE CONCENTRATE DISPOSAL EVALUATION DATED this day of ,2004. CITY OF BOYNTON BEACH ARCADIS G&M, INC.. Kurt Bressner .~illi~ Ly~h, PE City Manager / Associate Vic6 President/ Southeast Florida Area Manager Attest/Authenticated: Witness: City Clerk Approved as to Form: Office of the City Attorney ATTACHMENT 1 COST ESTIMATE PHASE 1 TASK ORDER NO. U04-01-01 EPX PROJECT PHASE 1 - MEMBRANE CONCENTRATE DISPOSAL EVALAUTION ATTACHMENT 2 MASTER SCHEDULE VI.-CONSENT AGENDA ITEM C.3. CITY OF BOYNTON BE/ 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 6, 2004 March 15, 2004 (Noon.) [] June 1, 2004 May 17, 2004 (Noon) [] April20,2004 April 5, 2004 (Noon) [] June l5, 2004 May 31, 2004 (Noon)'t:- -.~-< [] May 4, 2004 April 19, 2004 (Noon) --I [ July 6, 2004 June 14, 2004 (Noon~::O,, [] May18,2004 May 3, 2004 (Noon) [] July20,2004 July 5, 2004 (Noon)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: Approval of this Interlocal Agreement with the Town of Briny Breezes for the provision of Fire Suppression, Emergency Medical and Fire Life Safety services. EXPLANATION: The Town of Briny Breezes is interested in a twelve (12) year cooperative agreement with the City for comprehensive Fire Rescue services effective October 1, 2004 through September 30, 2016. The City previously provided Emergency Medical Services only. With the addition of fire suppression and fare inspection services, this is a renegotiated extension of an Interlocal Agreement that has been in effect since October 1, 1999. PROGRAM IMPACT: The Fire Rescue Department has analyzed the operational and administrative impact of this relationship. The Department is able to effectively handle the current generated call volume and will use revenue generated from this Agreement to fund future additional personnel and other necessary resources to ensure adequate fare rescue coverage to Briny Breezes as well as complement services offered to the citizens of Boynton Beach. FISCAL IMPACT: This Agreement provides for the Town of Briny Breezes to pay the City $220,768 during the first year of the Agreement with an adjustment formula provided for the second and subsequent years, ensuring a minimum of a 4% annual increase. ALTERNATIVES: Do not approve this Interlocal Agreement. Department H~fd's Signature City Manager's Signature Department Name b/ City Attg(~fd~'/Finance / Human Resources S:XBULLETIN~ORMS'~AGENDA ITEM REQUEST FORM.DOC 1 2 RESOLUTION NO. R04- 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 5 FLORIDA, AUTHORIZING AND DIRECTING THE CITY 6 MANAGER TO EXECUTE AN INTERLOCAL 7 AGREEMENT BETWEEN THE CITY OF BOYNTON 8 BEACH AND THE TOWN OF BRINY BREEZES, 9 PROVIDING FOR FIRE SUPPRESSION, EMERGENCY to MEDICAL AND FIRE LIFE SAFETY SERVICES; AND 11 PROVIDING AN EFFECTIVE DATE. 12 13 WHEREAS, The Town of Briny Breezes is desirous of entering into a twelve 14 (12) year cooperative agreement with the City for comprehensive Fire Rescue services 15 effective October 1, 2004 through September 30, 2016; and 16 WHEREAS, the Fire Rescue Department has analyzed the operational and 17 administrative impact of this relationship and is able to effectively handle the current 18 generated call volume, and will use revenue generated from this Agreement to fund future 19 additional personnel and other necessary resources to ensure adequate fire rescue 20 coverage to Briny Breezes as well as complement services offered to the citizens of 21 Boynton Beach; 22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 23 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 24 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 25 being true and correct and are hereby made a specific part of this Resolution upon adoption 26 hereof. 27 Section 2. The City Commission of the City of Boynton Beach, Florida 28 hereby authorizes and directs the City Manager to execute an Interlocal Agreement 29 between the City of Boynton Beach and the Town of Briny Breezes, providing for Fire 30 Suppression, Emergency Medical and Fire Life Safety services, which Agreement is S:\CA~RESOXAgreementsXlnterlocalskBBFD Interlocal - Briny Breezes.doc I attached hereto and made a part hereof. 2 Section 3.. This Resolution shall become effective immediately upon passage. 3 4 PASSED AND ADOPTED this __ day of May, 2004. 5 6 CITY OF BOYNTON BEACH, FLORIDA 7 8 9 Mayor 10 11 12 Vice Mayor 13 14 15 Commissioner 16 17 18 Commissioner 19 20 21 Commissioner 22 ATTEST: 23 24 25 City Clerk 26 27 28 S:\CAhRESOXAgreements~Interlocals~BBFD Interlocal - Briny Breezes.doc INTERLOCAL AGREEMENT BETWEEN THE TOWN OF BRINY BREEZES AND THE CITY OF BOYNTON BEACH FOR THE PROVISION OF FIRE RESCUE AND EMERGENCY MEDICAL SERVICES This Agreement for the provision of fire rescue and emergency medical services (the "Agreement"), made and entered into this day of ., 2004 by and between the City of Boynton Beach, Palm Beach County, Florida, a municipal corporation, hereinafter referred to as "City", and the Town of Briny Breezes, Palm Beach County, Florida, a municipal corporation, hereinafter referred to as "Town". WITNESSETH: WHEREAS, the Town desires the City to provide fire rescue and emergency medical services to the Town; and WHEREAS, the City desires to provide fire rescue and emergency medical services to the Town; and WHEREAS, the City will maintain the standards of fire and rescue services to the Town consistent with the services currently provided by the City within its municipal limits; and WHEREAS, the City has mutual aid agreements with Palm Beach County Fire Rescue, Delray Beach Fire Rescue, and Boca Raton Fire Rescue; and WHEREAS, the City will provide fire and rescue services to the Town in conformance with City and Palm Beach County Fire Code Ordinances; and WHEREAS, the City will provide fire and rescue personnel to ensure that the Town will receive the same standard of fire and rescue services; and NOW, THEREFORE, IN CONSIDERATION of the mutual covenants hereinafter set forth, the parties hereto, hereby agree as follows: SECTION 1. PURPOSE The purpose of this Agreement is to provide fire suppression, protection and prevention, and Emergency Medical Services, including advanced life support transport, within the municipal limits of the Town by the City Fire Rescue Department. Fire protection shall include plan review, fire code enforcement, building inspection, fire suppression, and fire investigation. The parties acknowledge that the City assumes no responsibility for emergency preparedness planning and program implementation for the Town; or site clean up or product/soil removal resulting from a chemical spill or other form of hazardous materials incident occurring within the Town. bdny Breezes. IA 04/01/04 I SECTION 2. TERM OF AGREEMENT The term of this Agreement shall be for a period of twelve (12) years commencing October 1, 2004 and ending September 30, 2016. The parties agree that during the term of this Agreement that every four years, (in the month of August 2008, and August 2012) the parties will, in good faith, review the Agreement in order to conduct a performance evaluation and to amend, if appropriate, the Annual Fee payable to the City, as defined herein. SECTION 3. SERVICES RENDERED A. The City, through its Fire Rescue Department, shall provide fire protection, fire rescue, fire inspection, fire investigation, and emergency medical services 24 hours per day, 365 days per year, within the municipal limits of the Town throughout the term of this Agreement. B. The City will provide the same level of service to the Town relative to hazardous materials incidents as it provides to its own residents. The City's hazardous materials response is governed by the Palm Beach County Regional Hazardous Materials Response Ordinance of 1998 ("County Haz-Mat Ordinance"). As set forth in the County Haz-Mat Ordinance, recovery of all costs associated with a discharge or threatened discharge of hazardous substances will be sought against the persons responsible for causing or allowing a discharge or threatened discharged. To the extent that costs are actually incurred by the City in responding to a hazardous material incident within the corporate limits of the Town, and the City or the County on behalf of the City, using its best efforts, is unable to recover such costs from the responsible persons or the Federal Government in accordance with Section 7 of the County Haz-Mat Ordinance, the Town shall reimburse the City for certain expended supplies and consumables, namely, chemical absorbents, disposable personal protective clothing and equipment, hazardous materials vapor suppressions, chemical testing agents, and hazardous materials recovery drums and/or other containers used by the City's Fire Rescue Department. SECTION 4. PAYMENT A. In consideration of the City providing the services set forth in Section 3 of this Agreement, the Town agrees to pay the City $220,768 dudng the first year of this Agreement, ("Annual Fee"), payable in twelve equal monthly installments per year beginning on or before October 15, 2004, and on or before the 15"' of each briny Breezes. IA 04t01/04 2 succeeding month throughout the term of this Agreement, as may be amended from time to time. B. The parties agree to negotiate in good faith an adjustment to the Annual Fee which may be necessary to offset any increased costs incurred by the City for providing the services and programs pursuant to this Agreement, due to unfunded mandates specifically directed toward the provision of fire rescue services, of the Federal, State, or County government and to address any unforeseen events or contingencies. The City shall provide the Town with the amount of the adjustment resulting from unfunded mandates no later than May 1, 2005, and each year thereafter dudng the term of the Agreement. Any adjustments to the Annual Fee pursuant to this subsection shall be effective on October 1, 2005 and each year thereafter. The adjustments contemplated in this subsection shall be in addition to the annual adjustment set forth below. C. In addition to the adjustments to the Annual Fee provided in subsection 4B of this Agreement, no later than May 1, 2005 and each year thereafter dudng the term of this Agreement, the Annual Fee payable by the Town to the City shall be adjusted effective October 1, 2005 and as of October 1 of each succeeding year of this Agreement. The annual adjusted compensation commencing October 1, 2005 and for each succeeding year of this Agreement shall be determined by incorporating the May All Urban Consumer Price Index (CPI) in accordance with the Depadment of Labor- Department of Statistics or an increase of four percent (4%), whichever is greater. D. The City is permitted to invoice residents of the Town for appropriate emergency medical service and fire inspection fees under the same terms and conditions as those for residents of the City. E. The City's fee for inspection services, in accordance with Chapter 2.5 and Chapter 9 of the City of Boynton Beach Code of Ordinances, and plan review of existing and new development or redevelopment within the Town shall be charged directly to the owner of the existing and new development or redevelopment in accordance with the applicable City Ordinance. briny Breezes. IA 04/01/04 3 SECTION 5. NOTICES AND PAYMENTS All notices and payments between the parties hereto shall be mailed by certified mail, return receipt requested, and/or fax to the following addresses, respectively (payments should be sent via certified mail and need only be sent to the City Manager): City Manager City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, FL 33435 Fire Chief City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, FL 33435 Town Manager Town of Briny Breezes 6450 N. Ocean Boulevard Ocean Ridge, FL 33435 SECTION 6. CODE A. The City Fire Code, which adheres to National Fire Protection Association (N.F.P.A.) standards, and Chapters 2.5 and 9 of the City's Code of Ordinances, as amended from time to time and to the extent permitted by law, shall apply within the Town municipal limits. B. City Code of Ordinance Sections 2.5-8, 2.5-9, 2.5-11, 2.5-12, 2.5- 13, as may be amended from time to time, entitled "Alarm Systems" shall be incorporated herein by reference in this Agreement. The Town acknowledges that the City has the authority to enforce the provisions of its Code of Ordinances referred to herein against residents and businesses within the Town in the same manner as the City enforces its ordinance provisions against City residents and businesses. Following execution of this Agreement, the Town shall notify alarm users within the Town of the City's ability to collect charges, the amount of charges due pursuant to the City's ordinances, and the City's authority to request payment thereof pursuant to Section 2.5-13 of the City Code of Ordinances, "Alarm Systems". In the event that a Town resident or business files a suit or claim against the City challenging the City's authority to collect, impose, or enforce its Alarm System ordinance provisions within the Town, the Town agrees to pay the City's reasonable attomey's fees and costs, including paralegal expenses at both the tdal and appellate levels. briny Breezes. IA 04/01/04 4 C. The City shall promptly provide the Town with copies of all new legislation, including but not limited to ordinances, resolutions, policies, or procedures which may be enacted by the City that may affect Chapter 2.5 entitled "Alarm Systems" and/or Chapter 9 entitled "Fire Protection and Prevention" of the City of Boynton Beach Code of Ordinances. SECTION 7. ADMINISTRATION A. All written rules and regulations, policies and procedures of the City of Boynton Beach Fire Rescue Department shall apply to the Town pursuant to this Agreement. B. Nothing contained in this Agreement shall be construed to constitute a transfer of municipal powers. This Agreement is an Interlocal Agreement to provide fire rescue services as authorized by Chapter 163 Flodda Statutes. The Town and City Councils shall each retain total legislative authority with regard to their respective municipalities. C. Each party to this Agreement will remain liable for its own negligence and any and all negligent actions undertaken by its employees and agents in the performance of the obligations hereunder. Nothing contained herein shall be construed as a waiver of the applicable sovereign immunity protections or the limitations of liability set forth in Section 768.28, Florida Statutes. SECTION 8. DISPUTES In the event that the Town has a dispute with respect to the City's performance hereunder, the Town Manager shall notify the City Manager in writing, advising of the disputed matter. In the event that the disputed matter is not resolved to the satisfaction of the Town and the City, the dispute shall be submitted to an arbitrator mutually agreed to by the parties. If agreement is not reached on appointment, either party may submit to the American Arbitration Association for appointment. The decision of the arbitrator shall be binding. briny Breezes. IA 04/01/04 5 SECTION 9. TERMINATION A. Either party may terminate this Agreement upon a minimum of one (1) year's written notice to the other party, such termination to be effective at the end of the first complete fiscal year (September 30) after receipt of wdtten notice to terminate this Agreement. For example, if either party gives written notice to the other party to terminate this Agreement anytime after October 1, 2005 and prior to September 30, 2006, this Agreement shall be terminated on September 30, 2007. In the event that this agreement is terminated prior to September 30, 2014, the City will retain control of all funds designated for future vehicle replacement, if applicable. SECTION 10. AMENDMENT TO AGREEMENT A. This Agreement shall not be amended or modified except in writing executed by the parties, and approved by resolution of the governing body of each party. SECTION 11. MISCELLANEOUS A. This Agreement and any amendments thereto shall be filed and recorded by the City with the Clerk of Court of Palm Beach County, Florida, in conformance with Section 163.01 (11 ), Florida Statutes. B. This Agreement shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce, or arising out of this Agreement shall be held in Palm Beach County, Flodda. C. If any terms or provisions 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 term or provision, to any person or circumstance other than those as to which it is held invalid or unenforceable, shall be deemed valid and enforceable to the extent permitted by law. D. This Agreement represents the entire understanding of the parties, and supercedes all other negotiations, representations, or agreements, whether wdtten or oral, related to this Agreement. None of the provisions, terms and conditions contained herein may be added to, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto. briny Breezes. IA 04/01/04 6 IN WITNESS THEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. TOWN QF BRINY BI~EEZE ! - "~--~"--MAYOR ! ,. TOWNDCLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY TOWN ATTORNEY CITY OF BOYNTON BEACH MAYOR ATTEST: CITY CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY CITY ATTORNEY bdn¥ Breezes. IA 04/01/04 7 V]'.-CONSENT AGENDA ITEM C.4 CITY OF BOYNTON BE. AGENDA ITEM REQUEST r 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 6, 2004 March 15, 2004 (Noon.) [] June 1,2004 May 17, 2004 (Noon) [] April20,2004 April 5, 2004 (Noon) [] June l5, 2004 May 31, 2004 (Noon) [] May4,2004 April l9, 2004 (Noon) [] July6,2004 June l4, 2004 (Noon) '"< ~-~ [] May 18,2004 May 3, 2004 (Noon) [] July20,2004 Julv 5, 2004 (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 authorize signing of an Agreement for Water Service Outside the City Limits with Howard J. Vanderlaan, David L. Vanderlaan, and Vanderlaan Partnership 2 as Customer, and The Holiday Organization, Inc. as Contract Vendee, for the 9.63-acre parcel located on the east side of Military Trail approximately 1,550 feet south of Hypoluxo Road. EXPLANATION: The parcel covered by this agreement is currently not developed, but is proposed to accommodate 53 townhouse units and one clubhouse. This agreement, signed by both the current owners of the parcel (i.e. Howard J. Vanderlaan, David L. Vanderlaan, and Vanderlaan Parmership 2) and the contract vendee (i.e. The Holiday Organization, Inc.), includes a clause requiring sale of the parcel to the contract vendee by June 30, 2005. If the property is not purchased by that time, the agreement is null and void. This Department will require proof of purchase prior to approving permit applications for utility construction on this parcel. A signed, notarized (but un-dated) Irrevocable Special Power of Attorney form governing annexation has also been submitted by the Contract Vendee. This form will be dated and recorded following the purchase of the parcel by the Contract Vendee. Both the Agreement, and the Power of Attorney form will be recorded following the transfer of ownership. PROGRAM 1MPACT: This facility is projected to demand approximately 54 equivalent dwelling units (17,000 gallons per day) of potable water and wastewater capacity from the City of Boynton Beach. Currently a water main exists in the Military Trail right-of-way, and will have to be extended at developer expense to serve this project. The nearest wastewater main is also located in the Military Trail right-of-way. FISCAL IMPACT: None ALTERNATIVES: None. This parcel is within the Utilities service area. S:X, BULLETIN~FORMS~GENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM ~)epartment'~ead~ Signature City. Manager's Signature Department Name ~ .... City Atto01e~? Finance / Human Resources XC: Dale Sugerman (w/copy of attachments) Peter Mazzella " Michael Rump£ Planning & Zoning (w/copy of attachments and site plan) File " S:'xBULLETINLFORMS',AGENDA lTEM REQUEST FORM.DOC 1 2 RESOLUTION NO. R04- 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 5 FLORIDA, AUTHORIZING THE CITY MANAGER TO 6 EXECUTE AN AGREEMENT FOR WATER SERVICE 7 OUTSIDE THE CITY LIMITS AND COVENANT FOR 8 ANNEXATION BETWEEN THE CITY OF BOYNTON 9 BEACH AND HOWARD J. VANDERLAAN, DAVID L. 10 VANDERLAAN AND VANDERLAAN PARTNERSHIP 2 11 AS CUSTOMER AND THE HOLIDAY ORGANIZATION, 12 INC, AS CONTRACT VENDEE; AND PROVIDING AN 13 EFFECTIVE DATE. 14 15 16 WHEREAS, the subject property is located outside of the City Limits, but within our 17 water and sewer service area, for the 9.63 acres parcel located on the east side of Military 18 Trail, approximately 1,550 feet south of Hypoluxo Road; and 19 WHEREAS, the parcel covered by this agreement is currently not developed, but is 20 proposed to accommodate 53 townhouse units and one clubhouse; and 21 WHEREAS, currently only a water main exists in the Military Trail right-of-way 22 which will have to be extended at developer expense to serve this project; and 23 WHEREAS, City policy requires annexation of the property to be serviced at the 24 earliest practicable time, as a condition of the granting of water services outside its 25 jurisdictional limits; and 26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 27 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 28 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 29 being tree and correct and are hereby made a specific part of this Resolution upon adoption 30 hereof. 31 Section 2. The City Manager is hereby authorized and directed to execute a Water 32 Service Agreement between the City of Boynton Beach, Florida and Howard J. Vanderlaan, S:\CALRESOXAgreements\Water Service\Vanderlaan (Holiday) Water Service Agr-Eserow.doc 1 David L. Vandeflaan, and Vandeflaan Partnership 2 as Customer and The Holiday 2 Organization, Inc., as Contract Vendee, said Agreement being attached hereto as Exhibit "A". 3 Section 3. This Resolution shall become effective immediately upon passage. 4 PASSED AND ADOPTED this __ day of May, 2004. 5 6 CITY OF BOYNTON BEACH, FLORIDA 7 8 9 Mayor 10 11 12 Vice Mayor 13 14 15 Commissioner 16 I7 18 Commissioner 19 20 21 Commissioner 22 23 24 25 City Clerk 26 27 28 29 S:\CALRESOXAgreements\Water Service\Vanderlaan (Holiday) Water Service Agr-Escrow.doc AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION THIS AGREEMENT made on this __ day of , 20.__~ by and between Howard J. Vanderlaan & Davld L. Vande~laan hereinafter called the "Customer", The Holiday Organization, Inc. , hereinafter called "Contract Vendee" and the CITY OF BOYNTON BEACH, a municipal corporation of the State of Florida, hereinafter called the "City". WHEREAS, Customer owns real property outside of the jurisdictional limits of the City of Boynton Beach, Florida; and WHEREAS, Customer has requested that the City of Boynton Beach, Florida provide water service to the property owned by Customer; and WHEREAS, in order for the Contract Vendee to obtain zoning approval for commercial development from the Palm Beach County Board of County Commissioners, the property owner must be able to access water services; and WHEREAS, the Contract Vendee only requires water service if it purchases the subject property from Customer; and WHEREAS, all parties recognize that this agreement is valid only upon the occurrence of the Contract Vendee, The Holiday Or~anization~ Inc. , purchasing the property from Customer, at which time the Customer will voluntary annex into the City of Boynton Beach; and WHEREAS, the City of Boynton Beach has the ability to provide water service to Customer's property; and WHEREAS, the City of Boynton Beach has a policy which conditions the grant of water services outside of its jurisdictional limits on annexation of the property to be serviced into the City at the earliest practicable time. NOW THEREFORE, for and in consideration of the privilege of receiving water service from the Municipal Water System and the mutual covenants expressed herein, the City of Boynton Beach and the Customer, his heirs, successors and assigns, agree as follows: 1. The City agrees to provide Customer with water service from its Municipal Water System to service the real property described as follows and which Customer represents is owned by Customer: (Exhibit A) 2. The Customer and the City hereby agree that there are Equivalent Residential Connections which City shall service. $. The Customer agrees to pay all costs and fees of engineering, material, labor, installation and inspection of the facilities as required by the City of Boynton Beach Code of Ordinances or Land Development regulations to provide service to the Customer's premises. The Customer shall be responsible for installation in conformance with all codes, rules and regulations applicable to the installation and maintenance of water service lines upon the Customer's premises. All such lines shall be approved by the Director of Utilities and subject to inspection by the City Engineers. The City shall have the option of either requiring the Customer to perform the work necessary to conform the lines or the City may have the work performed on behalf of the Customer, in which case the Customer, or if the said real property has been transferred, the transferee, will pay in advance all estimated costs thereof. In the event the City has such work performed, the Customer, or if the said real property has been transferred, the transferee, will also advance such additional funds as may be necessary to pay the total actual costs incurred by the City. 4. Any water main extension made pursuant to this Agreement shall be used only by the Customer, unless written consent is §ranted by the City of Boynton Beach for other parties to connect. All connections shall be made in accordance with the Codes and regulations of Boynton Beach. 5. Title to all mains, extensions and other facilities extended from the City Water Distribution System to and including the metered service to Customer shall be vested in the City exclusively unless otherwise conveyed or abandoned to the property owner. 6. The Customer asrees to pay all charges, deposits and rates for service and equipment in connection with water service outside the City limits applicable under City Ordinances and rate schedules which are applicable which may be chansed from time to time. 7. Any rights-of-way or easements necessary to accommodate the connections shall be provided by the Customer to the City. 8. The Customer shall, contemporaneously execute and deliver to the City an Irrevocable Special Power of Attorney granting to the City the power and authority to execute and advance on behalf of the Customer a voluntary petition for annexation. Customer covenants that it shall cooperate with the City and not raise opposition or challenge to such annexation if and when annexation is initiated. The property shall be subject to annexation at the option of the City at any time the property is eligible under any available means or method for annexation. Customer will inform any and all assigns or purchasers of any or part of this property of this covenant and of the irrevocable special power of attorney, but Customer's failure to provide such notice shall not constitute a defense or bar to the City's rights as set forth herein. The Customer acknowledges that the consideration of initially connecting to the City's water supply is sufficient to support the grant of the power of attorney any subsequent disconnection or lack of service shall in no way impair the power of attorney nor constitute a diminution or lack of consideration. 9. The Customer acknowledges that this covenant regarding annexation is intended to be and is hereby made a covenant running with the land described in paragraph ! above. This Agreement and the power of attorney referenced herein is to be recorded in the Public Records of Palm Beach County, Florida, and the Customer and all subsequent transferees, grantees, heirs or assigns of Customer shall be binding on the Customer and all successors and assigns. 10. It is agreed that the City shall have no liability in the event there is a reduction, impairment or termination in water service to be provided under this Agreement due to any Prohibitions, restrictions, limitations or requirements of local, regional, State or Federal agencies or other agencies having jurisdiction over such matters. Also, the City shall have no liability in the event there is a reduction, impairment or termination of water service due to acts of God, accidents, strikes, boycotts, blackouts, fire, earthquakes, other casualties or other circumstances beyond the City's reasonable control. 11. The Customer, or if the said real property has been transferred, the transferee, hereby agrees to indemnify, defend and hold harmless the City of Boynton Beach, Florida, its Mayor, Members of the City Commission, Officers, employees and agents (both in their individual and official capacities) from and against all claims, damages, law suits and expenses including reasonable attorneys fees (whether or not incurred on appeal or in connection with post judgment collection) and costs rising out of or resulting from the Customer's obligation under or performance pursuant to this Agreement. 12. No additional agreements or representations shall be binding on any of the parties hereto unless incorporated in this Agreement. No modifications or change in this Agreement shall be valid upon the parties unless in writing executed by the parties to be bound thereby. 13. Customer hereby acknowledges that it has currently entered into a contract with The Holiday Organization~ Inc. for the sale of Property conditioned upon the Contract Vendee obtaining approval from the Palm Beach County Board of Commissioners and/or other municipal agencies' zoning approval for development of the Property and other conditions. 14. This agreement shall not be effective until and unless the Customer transfers legal fee title to the Property to The Uolida70r6anization, Tnc. or its successors or assigns in accordance with the terms of the contract referred to in paragraph 13 mentioned above. Furthermore, no documents, including this agreement, shall be recorded unless title to the Property is so conveyed to The Holiday Organization, Inc. or to its successors or assigns. Upon such transfer of title, this agreement shall be in full force and effect and all obligations hereunder on the part of the Customer shall be automatically transferred and assumed by the grantee named in the deed from the Customer conveying title to the Property as aforesaid, whereupon The Holida)' Or~;anization, Inc. , their heirs and assigns, shall be deemed released from any further liability or obligation hereu rider. 15. Notwithstanding any other term or provision in this Agreement, this Agreement v~ill be null and void, if the Contract Vendee has not acquired the property by'-Jt~E: ~-o., 200_.~ IN WITNESS WHEREOF, the parties hereto have set their hands and seals this __ day of ,200_. CUSTOMER AS OWNER(S): Vanderl~ership 2, a Florida Genera± By; '~'~~-~/~ ~ Partnership ~ ~~~ David L. Vanderlaan, Partner Printed Witness Name ~m~k~a~ David L. Vanderlaan, Individually V-~ ~} L-L . //H~ward J i ~e~erl~an, Individually Printed Witness Name Witness Signature Secretary' Signature Printed Witness Name Printed Name Witness Signature Printed Witness Name (CORPORATE NOTARIZATION) F;OR CORPORATE NOTARIZATION: STATE OF FLORIDA ) ) SS: COUNTY OF PALM BEACH) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared..~David L. Vanderlaan~ as Partner of Vanderlaan x~xf~lt~x Partnership 2, a Florida General Partnership, David L. Vanderlaan, Individually, and Howard J. Vanderlaan, Individually, ~o me known to be the person(s) described in and who executed the foregoing instrument that~)'she acknowledged before me thatz~/she executed the same; · that the indiwduabw~p.ersonally known to me.o~r.o~.d ~llGwi~g pr.~of_~ icl.~fi caht~m: WITNESS my hand and official seal in the County and State last aforesaid this ~-~ dayof PrF'F~'L- ,200_q . .o~ ~ ynda S. ~ldman ~ ~ . Comml~lon g DD270552 ~ ~ ~ Expires Novem~r 30, 2007 ~ ~ ~T~F~.I~.~ ~19 WITNESS: CITY OF BOYNTON BEACH, FLORIDA Mayor ATTEST: City Clerk STATE OF FLORIDA ) ) SS: COUNTY OF PALM BEACH) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared ,Mayor and , City Clerk respectively, of the City named in the foregoing agreement and that they severally acknowledged executing same in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in them by said City and that the City seal affixed thereto is the true corporate seal affixed thereto is the true corporate seal of said City. WITNESS my hand and official seal in the County and State last aforesaid this __ day of ,200_. (Notary Seal) · Notary Public Approved as to form: Legal Description Approved: City Attorney ~t~l"e'~s Signature ~ SignatUre ~/~/.~::;~ ~-~'~/S~.~ Chuck Halberq, Vice President Printed Witness Name ~i~[eek-IW~h~e Witness Signa"tu r~,/ Printed Witness Name (CORPORATE NOTARIZATION) FOR CORPORATE NOTARIZATION: STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and..in the CounW/af,.oresaid to take acknowledgments, personally appeared ('.~/~/'£:5 -/-~,~//-~_. to me known to be~,t~erson(s) described in and~xecuted the foregoing instrument thane acknowledged before me th~he/.~he executed the same; that the individual waS personally known to me or pro'~t~l the following proof of identification: ~NESS my ha.,i;~l-~nd. ,of~ial seal in th~/Cou~ Sta~ this o¢~, "~day of(' ~_~OA~_J~'_j, ,200,~~ (Notary Seal) NOTARY PUBLIC STATE OF FLORIDA AUSON FEHSAL MY COMMISSION # DD006768 EXPIRES: MARCH 25, 2005 THIS INSTRUMENT PREPARED BY: James A. Cherof, Esquire Josias & Goren, P.A. 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Individuals) STATE OF FLORIDA COUNTY OF Palm Beach I/We, The Holiday Organization Inc., hereinafter "Grantee", hereby make, constitute, and appoint THE CITY OF BOYNTON BEACH, FLORIDA, true and lawful attorney in fact for Grantee and in Grantee's name, place and stead, for the sole purpose of executing on behalf of Grantee the power to initiate, maintain, and complete a voluntary petition for annexation of the real property described herein into the CITY OF BOYNTON BEACH. This power shall extend to the CITY OF BOYNTON BEACH full and complete authority to act on Grantee's behalf to accomplish annexation by any available means. The real property which is the subject of this power is described as follows~: The powers and authority of my attorney, THE CITY OF BOYNTON BEACH, ~LORIDA, shall commence and be in full force and effect on the day of ., 20 and the powers and authority shall be irrevocable by Grantee. IN WITNESS WHEREOF, we have hereunto set our hands and seals the __ day of , in the year two thousand and '~~esence W~ Signature ~gnature /~ ~-~~;~-~]~--~ Chuck Halber§, Vice President Printed Witness Name Chuck Halberg Witness Signa~ru reJ/ Printed Witness Name STATE OF FLORIDA ) ) SS: COUNTY OF PALM BEACH ) THE FOREGOING I_N~4,T, RUMENT was acknowledged before me this Halberg who known me or day of ,20_o~,, by Chuck is to who have produced 7 ,, as i ~ntificati6n a ~who~i ' an oath. Type or Print Name Commission No. My Commission Expires: POA. IND NOTARY PUBLIC .. STATE OF FLORIDA ALISON FEHSAL MY COMMISSION # DD006768 EXPIRES: MARCH 25, 2005 SCALE: 1" = 50' LEGAL DESCR~'I'ZON: .; PN~EL 1= NORTH 1/2 OF THE NORTH I/2 OF TRAGT 14, ~1 TIE NORTtF. AST !/4 OF SECTION 12, PLAT OF SECTION rz, T~ 45 SOUTH, ~ 4~'EAST, MARY A. LYM/~ ACCORD~ TO ~ MAP (~R R_AT 33'Ei~OF AS RECORDED IN PLAT BOOK 9, PA~E 74, F'UB.~C REP..(3R~ OF PN.M BEACH TOGE"THE]:t ~ P/I~'CE].. 2: SOUTH !/2 CE TIE NORTH 1/2 OF TRACT 14, ~ TIE NORTIF_AST I/4 OF SECTION 12, ,aNENDED PLAT OF SEC'riON 12, T~ 45 SOUTH, ~ 4:) EAST, M,N~Y A. LYMN~ ACCOI~ TO TIE ~ ~ PLAT THEFEOF AS I:tE~ ]:N PLAT BOOK 9, PAGE. 74, PtJB~C RE~ OF PN.M BEAQ.I TO6ETHER WITH: P/I~CEL :5: SOUTH !/2 OF TRACT 14 IN THE NORTI.EAST I/4 OF SECl'~ON 12, AMENOED R_AT OF 1P.., TOWNSHIP 45 SOUTH, ~ 42 EAST, M/~Y A. LYM/~ ACCORD~ TO THE M,~ OR PLAT THEREOF AS RE~ IN PLAT BOOK 9, PA6E 74. PUBLIC RE(X)RDS OF PN.M BEACH COUNTY, LESS FROM P.N:~E]_S 1-:~ THE RIGHT OF WAY OF MI]_TFARY TRAIL (STATE ROAD 809) SURVEYOR'S NOTES: 1. TI-ES SURVEY ~S PREPARED FOR HOLZDAY GRGAN/ZAT~ON, ~IC. ~ ~ A ~ ~ ~~ TO A~~~ DA~ ~ ~:,9/19~ Rpr 26 04 02:48p Donald S. Freeman, P.R. 56]-4?]-4939 Id~W OFFICIlS FREEMAN MAYN O R & JONES A Professional Limited Liability Company J. Mark Maynor, O~ic~ i~ We~t l~m ~ach ~ Palm Ba,e.h Ga~leas Walter C. Jones, IV, P.A.* eB~rd ¢~14/'~d Civil Trial ! ~ Cetitrel~ Boulevard **Beard C4~ifinl i# Marital & Pa,~ily Lava Suite 950 West Palm Beach, Florida 33401 Telephone (561) 471-4900 Facsimile (561) 4714939 E-Marl dfreemanpa~a~net April 26, 2004 ViA FACSIMILE ONLY Jennifer Liszak Land Design South 2101 Centrepark West Drive, Suite 100 West Palm Beach, FL 33409 Re: Vanderlaan sale to The Holiday Organization, Inc. Dear Jennifer: Enclosed please find Endorsement NO. 1 to the Attorneys' Title Insurance Fund, Inc.'s Commitment to Insure Title, Serial No. CF-0827707. Should you have any questions, please do not hesitate to contact me. LIJ J. ~,.EEMAN DJF:lsg Enclosure cc: Mr. Dave Vanderlaan (w/encl.)(via facsimile only) Norman Leopold, Esq. (w/encl.)(via facsimile and First Class Mail with original encl.) Rpr 26 04 02:49p Donald 3. Freeman, P.R. 561-471-4938 p.3 ENDORSEMENT ATTORNEYS' TITLE INSURANCE FUND ORLANDO, FLORIDA Fund File Number: 06-2003-11490 Endorsement No.: 1 to Commitment No.: CF-0827707 Name of Proposed Insured: The Holiday Organization, Inc., a New York corporation Original Effective Date: March 14, 2001 at 11:00 p.m. Original Amount of Insurance: $1,900,000.00 /tgent's File Reference: #03-2-27 Vanderlaan v. Holiday The cotnmltment i~' hereby amended as follows: 1. The effective date is amended to: April 5, 2004 at 11:00 P.M. but in all other respects remains unchanged. ISSUED BY: DON~4LD J. FREEMAN, ESQ. /IGENT NO.: 5271 $tgnedthls~t~~~Att°rneys'TitlelnsuranceFund,Inc. Charles ~ KovalesM, Pr~ident ~'ON~E J. FREEMAN 8pr 2~ 04 03: 10p Donald J- Freeman~ P.R. 5B1-471-4939 p.3 [' t. ~"~:::r:.~i-:~.~:...~:;?~.~:t~._.- ..... . ~'. ~'~."L'e::~I'~-~-V~.,~5~, .. .... ."-~. .... ?;:~-~0~-.~?;~--: ": .~Z~+'I COMMITMENT AND CLOSING PROTECTION LETTER Attorneys' Title Insurance Fund, Inc. ORLANDO, FLORIDA Commitment To Insure Title AT'I'ORNEYS' TITLE INSURANCE FUND, INC., a Florida corporation, herein called THE FUND, for a valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A; subject to the provisions of Schedules A and B and to the Conditions and Stipulations hereof. This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by THE FUND, either at the time of tho issuance of this Commitment or by subsequent endorsement. This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate six months after the effective date hereof or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of THE FUND. In Witness Whereof, ATFORNEYS' TITLE INSURANCE FUND, INC. has caused this Commitment to be signed and sealed as of the effective date of Commitment shown in Schedule A, the Commitment to become valid when countersigned by an authorized signatory. -~ -'.-" ....~o'-_ Attorneys' Title Insurance Fund, Inc. President CF- 0 S 2 7 7 0 7 FUND FORM OF (rev. 5[99) 8.pr 26 04 03: lop Donald J- Freeman, P.8. S61-471-4939 p.4 FUND COMMITMEN I Schedule A Commitment No.: CF-08~27707 Fund File Number 06-2003-11490 Effective Date: August 18, 2003 at ! 1:00 p.m. Agent's File Reference: 03-2-27 1. Poltcy or Policies to be issued: Proposed Amount of Insurance OWNER'S: ALTA Owner's Policy (10/17/92). (If other, specify.) $1,900,000.00 Proposed Insured: The Holiday Organization, Inc., a New York corporation MORTGAGEE: N/A Proposed Insured: N/A 2.The estate or interest in the land described or referred to in this commitment is a fee simple and title thereto is at the effective date hereof vested in: Parcels I and 2: Howard J. Vanderlaan and David L. Vander|aan Parcel 3: Vanderlaan Parmership No. 2, a Florida general partnership 3. The land referred to in this commitment is described as follows: Parcel 1: North V2 of the North % of Tract 14, in the Northeast ¼ of Section 12, Amended Platof Section 12, Township 45 South, Range 42 East, Mary A. Lyman, according to the map or plat thereof as recorded in Plat Book 9, Page 74, Public Records of Palm Beach County, Florida. Parcel 2: South % of the North tA of Tract 14, in the Northeast ¼ of Section 12, Amended Plat of Section 12, Township 45 South, Range 42 East, Mary A. Lyman, according to the map or plat thereof as recorded in Plat Book 9, Page 74, Public Records of Palm Beach County, Florida. Parcel 3: South ½ of Tract 14 in the Northeast ¼ of Section 12, Amended Plat of Section 12. Township 45 South, Range 42 East, Mary A. Lyman, according to the map or plat thereof as recorded in Plat Book 9, Page 74, Public Records of Palm Beach County, Florida. LESS from Parcels 1-3 the Right of Way of Military Trail (State Road 809) ,-AGENT NO.: 5271 MAILING ADDRESS: ISSUED BY: Do~ 1400 Centre Park Blvd. West Palm Beach, FL 33401 Rev. l.1 Page I of 5 Rpr 26 04 03: lop Donald 3. Freeman, P.R. 561-471-4939 p.S FUND COMMITMEN'~ Schedule B Commitment No.: CF-0827707 Fund File Number 06-2003-11490 I. The followlng are the requirements to be compiled with: I. Payment of the full consideration to, or for the account of, the grantors or mortgagors. 2. Instruments creating the estate or interest to be insured which must be executed, delivered and filed for record: a. Warranty Deed from Howard J. Vanderlaan and David L. Vanderlaan, joined by spouses, if married, to the proposed purchaser(s). (as to Parcels 1 and 2) b. Warranty Deed from Vanderlaan Partnership No. 2, a Florida general partnership, to the proposed insured purchaser(s). (as to Parcel 3) 3. ~4 determination must be made that there are no unrecorded special assessment liens or unrecorded liens arising by virtue of ordinances, unrecorded agreements as to impact or other development fees, unpaid waste fees payable to the county or municipality, or unpaid service charges under Ch. 159, F. $., or county ordinance. 4. Production of, review of, and compliance with all of the requirements of the partnership agreement ofVanderlaan Partnemhip No. 2 concerning the alienation of real property. An affidavit from one or more of the general partners should be recorded which sets forth the authority of the partner who will execute the deed or mortgage, and which, in addition, establishes the names of the partners, that they are the partners now existing and that none of the partners have been dissolved (if a legal or commemial entity) or adjudicated bankrupt, and that the partnership has been in full force and effect during the entire time that the partnership has held title to the real property. 5. If any general partner(s) is a legal or commercial entity, require a good standing certificate from the date of purchase through to the present time. 6. Satisfactory evidence must be furnished establishing that The Holiday Organization, Inc. is a corporation duly organized, validly existing, and in good standing under the laws of New York (at date of purchase and at the present time, or at date of purchase and at date of sale). If there is no governmental agency in charge of corporate records from which a certificate of good standing can be obtained, then an attorney or notary public in the state or country of origin, who has examined to appropriate corporate records, can provide the certificate. 7. Satisfaction of the mortgage from Vanderlaan's Nursery, Inc. to South Florida Production Credit Association dated May 20, 1983 and recorded in O.R. Book 3954, Page 1355, assigned in O.R. Book 6651, Page 689; Certificate of Merger with and into Farm Credit of South Florida, ACA in O.R. Book 6803, Page 335 and assigned to The Farm Credit Bank of Columbia iu O.R. Book 7195, Page 1180; Certificate of Merger with and into AGFirst Farm Credit Bank in O.R. Book 8738, Page 615, Public Records of Palm Beach County, Florida. (Parcel 1) Page 2 of 5 Apr 2G 04 03: 11p Donald 3. Freeman, P.A. 5G1-471-4939 FUND COMMITMEN', Schedule B Commitment No.: CF-0827707 Fund File Number 06-2003-I 1490 8. Satisfaction of the mortgage from Vanderlaan's Nursery, Inc., David L. Vanderlaan, Debra J. Vanderlaan, Dan H. Vanderlaan, Linda K. Vanderlaan to Farm Credit of South Florida, ACA dated June 26, 1991 and recorded in O.R. Book 6888, Page 436; assigned in O.R. Book 6982, Page 26; Future Advances recorded in O.R. Book 9137, Page 133; O.R. Book 9443, Page 495 and O.R. Book 9820, Page 1932; Certificate of Merger with and into AGFirst Farm Credit Bank in O.R. Book 8738, Page 6[5,, Public Records of Palm Beach County, Florida. (Parcel l) 9. Satisfaction of the mortgage from Vanderlaan's Nursery, Inc., David L. Vanderlaan, Debra J. Vanderlaan, Howard J. Vanderlaan and Kathleen P. Vanderlaan to Federal Land Bank of Columbia dated and recorded in O.R. Book 3392, Page 1057; Future Advance recorded in O.R. Book 3756, Page 1 I92; Certificate of Merger with and into The Farm Credit Bank of Columbia in O.R. Book 5766, Page 1961; as Partial Release of Mortgage recorded in O.R. Book 6010, Page 1430, assigned in O.R. Book 6813, Page 1673 and O.R. Book 6926, Page 1263; Future Advance recorded in O.R. Book 8638, Page 1818 and; Certificate of Merger with and into AGFirst Farm Credit Bank recorded in O.R. Book 8738, Page 615, Public Records of Palm Beach County, Florida. (Parcel 2) 10. Satisfaction of the mortgage from Vanderlaan's Nursery, Inc. to South Florida Production Credit Association dated December 2, 1985 and recorded in O.R. Book 4721, Page 1828, assigned in O.R. Book 6651, Page 689 and O.R. Book 7195, Page 1180 and Certificate of Merger with and into AGFirst Farm Credit Bank in O.R. Book 8738, Page 615, Public Records of Palm Beach County, Florida. 11. Satisfaction of the mortgage from Vanderlaan Partnership No. 2 to K & R Greenhouses and Nursery, Inc. dated November 15, 1984 and recorded in O.R. Book 4396, Page 1662; Mortgage Modification Subordination Agreement recorded in O.R. Book 7496, Page 1738, Public Records of Palm Beach County, Florida. (Parcel 3) 12. Satisfaction of the mortgage from Vanderlaan Partnership No. 2 to Farm Credit of South Florida, ACA dated November 30, 1992 and recorded in O.R. Book 7496, Page 1785, and assigned to The Farm Credit Bank of Columbia in O.R; Book 7521, Page 45, Certificate of Merger with and into AGFirst Farm Credit Bank in O.R. Book 8738, Page 615; Future Advance recorded in O.R. Book 10850, Page 755, Public Records of Palm Beach County, Florida. (all) 13. Affidavit to be executed by Howard J. Vanderlaan and David L. Vanderlaan, Vanderlaan Partnership No. 2, a Florida general partnership stating: 1) There are no matters pending against the affiant that could give rise to a lien that would attach to the property between August 18, 2003 and the recording of the interest to be insured. 2) That the affiant(s) have not and will not execute any instruments that would adversely affect the interest to be ~' insured. 14. Closing funds are to be disbursed by or at the direction ofthe agent of The Fund identified at bottom of Schedule A. Page 3 of 5 Apr 26 04 03: llp Donald J. Freeman, P.A. 5G1-471-4939 p.? FUND COMMITMENI Schedule B Commitment No.: CF-0827707 Fund File Number 06-2003-11490 15. A search commencing with the effective date of this commitment will be perfomaed at or shortly prior to the closing of this transaction. If this search reveals a title defect or other objectionable matters, an endorsement will be issued requiring that this defect or objection be cleared on or before closing. l 6. Affidavit from the owner of the subject property, or some other person having actual knowledge, establishing that no person other than the owner is in possession. 17. A survey meeting The Fund's requirements must be furnished. If such survey reveals any encroachments, overlaps, boundary line disputes, or other adverse matters, they will appear as exceptions in the policy to be issued based upon this commitment. 18. The policy to be issued based upon this commitment will not contain an exception for easements or claims of easements not shown by the public records, provided that: (i) the survey, meeting The Fund's requirements, does not disclose the existence of any unrecorded easements; and (ii) the affidavit of the owner, or other person with actual knowledge, establishes that there are no unrecorded easements or claims of easements in existence. 19. Affidavit from a reliable person must be furnished establishing that more than 90 days has elapsed since the completion of all improvements for which payment has not been made in full. II. Schedule B of the policy or policies to be issued will contain exceptions to the foil. owing matters unless the same are disposed of to the satisfaction of The Fund: 1. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed Insured acquires for value of record the estate or interest or mortgage thereon covered by this commitment. 2. Any owner and mortgagee policies issued pursuant hereto will contain under Schedule B the standard exceptions set forth at the inside cover hereof unless an affidavit of possession and a satisfactory current survey are submitted, an inspection of the prentises is made, it is determined the current year's taxes or special assessments have been paid, attd it is determined there is nothing of record which would give rise to construction liens which could take priority over the interest(s) Insured hereunder (where the liens would otherwise take priority, submission of waivers is necessary). 3. Federal liens, if any, filed with the Office of the Secretary of State, pursuaut to Sec. 713.901, et seq., F.S., which became effective January I, 1993, and which designated that Office as the place for fding federal liens against tangible and intangible personal property of partnerships, corporations, trusts attd decedents' estates. For insuring purposes, personal property includes, but is not lintlted to, mortgages, leaseholds, mortgages ott leaseholds, fitterests itt cooperative associations, vendees' interests, attd options. Page 4 of 5 Rp~r 26 04 03: llp Donald J. Freeman, P.8. 561 -471 -4939 p.8 FUND COMMITMENI Schedule B Commitment No.: CF-0827707 Fund File Number 06-2003-11490 (a) Pursuant to Sec. 713.901, et seq., F.S., personal property includes, but is not limited to, mortgages, leaseholds, mortgages on leaseholds, interests in cooperative associations, vendees' interests, and options when those interests are held by a partnership, corporation, trust or decedent's estate; and (b) Pursuant to Sea 55.201, et seq., F.$., personal property includes, but is not limited to, leaseholds, interests in cooperative associations, vendees' interests, and options regardless of the type of entity holding such interests, including individuals. (Note: Mortgages have been specifically excluded from the personal property interests in which a judgment lien may be acquired under the provisions of Sec. 55.201, et seq., F.S.) 4. Taxes for' the year 2003, which are not yet due and payable. 5. Subject to rights of tenants under unrecorded leases, if any. 6. Restrictions, conditions, reservations, easements, and other matters contained on the Plat of Amended Plat of Section 12, Township 45 South, Range 42 East, Mary K Lyman et al, as recorded in Plat Book 9, Page 74, Public Records of Palm Beach County, Florida. (all) 7. Subject to Right of Way for drainage ditches actually constructed under authority as referenced in Deed Book 43, Page 461, Public Records of Palm Beach County, Florida. (all). 8. Easement to Florida Power and Light Company recorded in O.R. Book 1802, Page 1212, Public Records of Palm Beach County, Florida. (parcel 3) 9. Any portion of the canal rights granted to the Lake Worth Drainage District in a deed recorded in Deed Book 118, Page 518, Public Records of Palm Beach County, Florida. which might be located in the described property. (all) 10. Easement in favor of City of Boynton Beach, contained in instrument recorded October 9, 1984, in O.R. Book 4366, Page 1257, together with Subordination Agreement recorded in O.R. Book 6129, Page 26, Public Records of Palm Beach County, Florida. (parcel I) 11. Easement to Florida Power and Light Company recorded in O.tE Book 6106, Page 1662; Subordination Agreement recorded in O.R. Book 6264, Page 1726 and O.R. Book 6264, Page 1729, Public Records of Palm Beach County, Florida. (parcels I and 2) 12. Easement to Florida Power and Light Company recorded in O.R. Book 6 i 06, Page 1665, Public Records of Palm Beach County, Florida. (parcel 3) 13. Subject to the Right of Way of Military Trail (State Road 809) as now laid out and in use. Page 5 of 5 26 04 03: 12p Donald J. Freeman, P.R. Closing Protection Lel._r The operation and scope of'the following Closing Protection Letter ("Letter") is limited to the transaction which is the subject of the con'unitment to which this Letter is attached and is also directed to those person(s) and/or entity (les) set forth in the Letter and identified as a proposed insured in the commitment. RE: Issuing Agent: Agent countersigning the attached commitment. When title insurance of Attorneys' Title insurance Fund, Inc. is specified for your protection in connection with closh~gs of real estate transactions in which you are to be the lessee or purchaser of an interest in land or a lender secured by a mortgage (including any other security instrument) of an interest in land, Attorneys' Title Insurance Fund, Inc., subject to the Conditions and Exclusions set forth below, hereby agrees to reimburse you for actual loss incurred by you in connection with such closing when conducted by said Issuing Agent when such loss arises out of: 1. Failure of said Issuing Agent to comply with your writtexx closing instructions to the extent that they relate to (a) the status of the title to said interest in land or the validity, enforceability and priority of the lien of said mortgage on said interest in land, including the obtaining of documents and the disbursement of funds necessary to establish such status of tire or lien, or (b) the obtaining of any other document, specifically required by you, but not to the extent that said instructions require a determination of the validity, enforceability or effectiveness of such other document, or (c) the collection and payment of funds due you, or 2. Fraud or dishonesty of said Issuing Agent in handling your funds or documents in connection with such closing.. If you are a lender protected under the foregoing paragraph, your borrower in connection with a loan secured by a mortgage on a one-to-four fatally dwelling shall be protected as if this letter were addressed to your borrower. Conditions and Exclusions A. Attorneys' Title lnsrtrance Fund, Inc. will not be liable to you for loss arising out of: 1. Failure of said Issuing Agent to comply with yom' closing instructions which require title insurance protection inconsistent with that set forth in the title insurance binder or commitment issued by Attorneys' Title Insurance Fund, Inc. Instructions which require the removal of specific exceptions to title or compliance with the requirements contained in said binder or con~xfitment shall not be deemed to be inconsistent. 2. Loss or impairme~xt of your frmds in the course of collection or while on deposit with a bank due to bank fail~re. insolvency or suspension, except such as shall result from failure of said Issuing Agent to comply with written closing instructions to deposit the funds in a bank which you designated by name. 3. Mechanics' and materialmen's hens in coru~ecfion with your purchase or lease or construction loan transactions, except to the extent that protection against such liens is afforded by a title insurance binder, conxrnfitment or policy of Attorneys' Title Insurance Fund, Inc. 4. The periodic disbursement of cons~uction loan proceeds or funds furnished by the owner to pay for construction costs during the construction of improvements on the land to be insured, unless an officer of the company has specifically accepted the responsibility to you for such disbursement program in writing. B. When Attorneys' Title Insurance Fired, Inc. shall have reimbursed you pursuant to this letter, it shall be subrogated to all rights and remedies which you would have had against any person or property had you not been so reimbursed. Liability of Attorneys' Title Insurance Fund, Inc. for such reimbursement shall be reduced to the extent that you have knowingly and voluntarily impaired the value of such right of subrogation. C. Any liability of Attorneys' Title Insurance Fund, Inc. for loss incurred by you in connection with closings of real estate transactions by said Issuing Agent shall be limited to the protection provided by this letter. However, this letter shall not affect the protection afforded by a title insurance binder, commitment or policy of Attorneys lFitle Insurance Fund, Inc. The dollar amount of liability hereby incurred shall not be greater than the amount of the title insurance binder, commitment or policy o~ title insttrance to be issued, and liability hereunder as to any particular loan transaction shall be coextensiYe with liability under the pohcy issued to you in connection with such transaction. Payment in accordance with the terms of this letter shall reduce by the same amount the liability under such policy and payment under such policy shall reduce by the same amount the company's liability under the terms of this letter. D. Claims of loss shall be made promptly to Attorneys' Title Insurance Fund, Inc. at its principal office at 6545 Corporate Centre Boulevard, P.O. Box 628600, Orlando, Florida 32862-8600. When the failure togive prompt notice shall prejudice "Attorneys' l~tle Insurance Fund, Inc., then liability of Attorneys' Title Insurance Fund, Inc., hereunder shall be reduced to the extent of such prejudice. Attorneys' Title Insurance Fund, Inc. shall not be liable hereunder unless notice of loss in writing is received by Attorneys' Title Insurance Fund, Inc. ~,~:ithin ninety (90) days from the date of discovery of such loss. E. Nothing contained herein shall be construed as authorizing compliance by any iss~/ing agent with any such closing instruction,s, compliance with which would constitute a violation of any applicable la~; rule or regulation relating to the activity of title insurers, their issuing agents, and their failure to comply with any such closing instructions shall not create any liabiliW under the terms of this letter. The protection herein offered will be effective ~mtil cancelled by written notice from Attorneys' ~tle Insurance Fund, Inc. Any previous insured Closing Service letter or similar agreement is hereby cancelled, except as to closings of your real estate transactions regarding which you have previously sent (or within 30 days hereafter sendl written closing instructions to said Issuing Agent. Rpr 26 04 03: 13p Donald 3. Freeman, P.8. 561-471-4939 p. 10 Standard Exceptions The owner policy will be subject to the mortgage, if any, noted under item two of Section 1 of Schedule B hereof. All policies will be subject to the following exceptions: {1) taxes for the year of the effective date of this Commitment and taxes or special assessments which are not shown as existing liens by the public records; (2) rights or claims of parties in possession not shown by the public records; (3) encroachments, overlaps, boundary line disputes, and any other matters which would be disclosed by an accurate survey and inspection of the premises; (4) easements, or claims of easements, not shown by tl~e public records; (g) any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public recgrds. Conditions and Stipulations I. The term "mortgage," when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to THE FUND in writing, THE FUND shall be relieved from liability for any loss or damage resulti~g from any act of reliance hereon to the extent THE FUND is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to THE FUND, or if THE FUND otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, THE FUND at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve THE FUND from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of THE FUND under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or Co) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commihnent. In no event shall such Liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions, the Exclusions from Coverage and the Conditions and Stipulations of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified .herein. 4. Any action or actions or rights of action that the proposed Insured may have or may bring against THE FUND arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. R?r 26 04 03: 13p Donald Jo Freeman, LOCATION MAP NTS [-tYPOL~O ROAE [~~/- 1,550' t SITE~ VL-CONSENT AGENDA ITEM C.5. CITY OF BOYNTON BEA AGENDA ITEM REQUEST Requested City Commission Date F/hal 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 6, 2004 March 15, 2004 (Noon.) [] June 1,2004 May 17, 2004 (Noon) [] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31,2004 (Noon) [] May 4, 2004 April 19, 2004 (Noon) [] July 6, 2004 June 14, 2004 (Noon) ~ ...~.~. [] May18,2004 May 3, 2004 (Noon) [] July20,2004 July 5, 2004 (Noon) ~-'~ O'?1 [] Administrative [] Legal ~_-. C3c~ AGENDA ITEM [] City Manager's Report [] Presentation ~. c*;~ [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfmished Business RECOMMENDATION: Motion to approve and execute by Resolution Task Order #U04-5-07 with Utilities General Engineering Consultants CH2M HILL, Inc. in an amount not to exceed $26,460.00 for engineering services for the updating and audit of the Utilities Department Risk Management Plans (RMP) related to our chlorine storage and processes in compliance with the requirements of the United States Environmental Protection Agency (EPA). EXPLANATION: The Risk Management Plans (RMP) at our two water treatment facilities are required to be updated and audited periodically. The EPA deadline of June 21st approaches. We must update these plans to meet the federal regulations. Our current plans were prepared by CH2M HILL, and they are prepared to swiffiy update our plans regarding the use and storage of chlorine at our treatment plants. As an added value they can conduct the required compliance audit of these plans at the same time, which pushes the next required compliance audit out until June 2007. We hope that by 2007 we have other chlorine processes in place that are not subject to these requirements. PROGRAM IMPACT: This required update and audit of our plans will recommend ways to improve the safety of our facilities regarding our handling of chlorine, and to effectively respond to chlorine emergencies. FISCAL IMPACT: The cost of this Task Order is $26,460.00. Funds are available in Utilities General Reserves Account g401-5000-590-96-02 WTR 017. ALTERNATIVES: Realistically none, due to the deadline approaching for the completion of the update. The depth of detail needed will be cumbersome for staff even with the use of this consultant. We chose CH2M HILL for this task because of their expertise and their familiarity with our plants and systems, our current plans were prepared by them, and they know our needs. This plan will be comprehensive and thorough and will meet all EPA requirements. S:xJSULLETIN~ORMS'~AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Department City. Manager's Signature Department Name '~r-' City ~/{°i~ey / Fm~nce / Human Resources S :~BULLETIN~FORM S\.AGENDA ITEM REQUEST FORM.DOC ~ RESOLUTION NO. R04- a A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AUTHORIZING EXECUTION OF TASK 5 ORDER NO. U04-5-07 TO CH2MHIIJ. FOR ENGINEERING 6 SERVICES FOR THE UPDATING AND AUDIT OF THE 7 UTLILITIES DEPARMENT RISK MANAGEMENT PLANS 8 RELATED TO OUR CHLORINE STORAGE AND 9 PROCESSES IN COMPLIANCE WITH THE 10. REQUIREMETNS OF THE UNITIED STATEES 11 ENVIRONMENTAL PROTECTION AGENCY, IN THE 12 AMOUNT OF $26,460.00; AND PROVIDING AN 13 EFFECTIVE DATE. 16 WHEREAS, the Risk Management Plans at our two water treatment facilities are 17 required to be updated and audited periodically; and; 18 WHEREAS, the City Commission, upon staff's recommendation, has deemed it 19 appropriate and in the best interests of the public to approve Task Order No. U04-5-07 with 20 CH2MHIIJL for engineering services for the updating and audit of the Utilities Department 21 Risk Management Plans related to our chlorine storage and processes in compliance with the 22 requirements of the United States Environmental Protection Agency, in the amount of 23 $26,460.00. 24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 25 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 26 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 27 being true and correct and are hereby made a specific part of this Resolution upon adoption 28 hereof. 29 Section 2. The City Commission of the City of Boynton Beach, Florida does 30 hereby authorize and direct the approval and execution of Task Order No. U04-5-07 with S:~CA'~RESO~Agreements\Task - Change Orders~Risk Management - Utilities.doc 1 CH2MHII J J for engineering services for the updating and audit of the Utilities Department 2 Risk Management Plans related to our chlorine storage and processes in compliance with the 3 requirements of the United States Environmental Protection Agency, in the amount of 4 $26,460. 5 Section 3. This Resolution shall become effective immediately upon passage. 6 PASSED AND ADOPTED this __ day of ,2004. 7 8 CITY OF BOYNTON BEACH, FLORIDA 9 10 11 Mayor 12 13 14 Vice Mayor 15 16 17 Commissioner 19 20 Commissioner 21 22 23 Commissioner 24 25 ATrEST: 26 27 28 City Clerk 29 S:\CA~qESOV~reemer~ts\Task - Change Orders'~:~isk Management - Utilities.doc Task Order No. U04-5-07 Engineering Services for the City of Boynton Beach East and West Water Treatment Plants - Risk Management Plan (RMP) Update and Compliance Audit A. Background & Project Description Risk Management Plans (RMPs) for the City's East and West Water Treatment Plants were originally prepared and submitted to the United States Environmental Protection Agency in June 1999. An update to these RMPs for the chlorine process should be completed by June 21s~, 2004. To update the RMP in accordance with the regulations (40 CFR 68.190), a revalidated process hazard analysis (PHA) and revised offsite consequence analysis (OCA), prevention program, emergency response program, and RMP*Submit is required. In addition to the required RMP Update, the City of Boynton Beach (CITY) and CH2MHILL have discussed the opportunity to perform a compliance audit for the water treatment plants during the RMP Update. It is important to note that 40 CFR 68.58 regulations require that a compliance audit be conducted at least every three years. Because the RMP was submitted in June 1999, the first compliance audit was due in June 2002 with the second compliance due in June 2005. In order to capitalize on the efficiency of performing the Compliance Audit at the same time as the RMP, the CITY has elected to perform the compliance audit this year, thus pushing back the next compliance audit until June 2007. The revisions to these portions of the RMP are discussed in more detail in the scope of work below. B. Scope of Services Task 1-Update Technical Studies Task 1.1 - Process Hazard Analysis. A process hazard analysis (PI-IA) or hazard review must be updated and revalidated at least every five years. For Program 3 processes, the PHA must be updated by a team with expertise in engineering and process operations and must include at least one Person with experience and knowledge specific to the process. Also, one member of the team must be knowledgeable in the PI-IA method being used. The update and revalidation of the PHA typically consist of a one-day workshop and the preparation of a brief report. CH2M HILL recommends conducting a one-day process hazard analysis revalidation of the chlorine process using the "What If/Checklist" method with facility operations, maintenance, and safety staff. This partiodar PHA method is the same method used in developing the CITY's original RMPs. This process is the most comprehensive approach and allows the CITY to utilize information developed in the DFB~SOW_04-19-04_RNAL_Jp. DOc I Vulnerability Assessments, provide for more accurate record keeping, and to involve CITY staff in the development of the RMP. As part of this process CH2M HILL will: · Review action items from the current PHA and evaluate changes to the chlorine process. · Provide the results of the process hazard analysis in a table format including the causes, consequences, and mitigation measures for potential releases identified during process hazard analysis. Develop a schedule with facility staff for implementing the process hazard analysis recommendations. Task 1.2 - Offsite Consequence Analysis. The offsite consequence analysis must be reviewed to assess whether there have been any significant changes to the process, the area of impact or receptors since 1999. To update the offsite consequence analysis, CH2M HILL will: · Re-estimate the population within the worst-case and alternative release scenario distances using 2000 Census data · Revise the list of sensitive receptors · Evaluate any changes in storage volumes, process equipment, or operational procedures and prepare revised worst-case and alternative release scenarios, if needed. This subtask assumes that no modeling will be done with the DEGADIS+ model. If modeling is required an amendment to this task authorization will be submitted to the City for approval. Task 2 - Update Safety Procedures Because the RMP contains a summary of the prevention program (also called the Process Safety Management Plan), and the emergency action plan, these safety procedures must be reviewed and updated as follows: · Emergency Action Plan. The emergency action plan must be reviewed to ensure emergency response procedures and emergency contacts and phone numbers are current. CH2M HILL wilt review and update the emergency action plan to.incorporate changes since 1999. For the purposes of this proposal, it is assumed that no major revisions or figures will be needed for the EAP. If large scale revisions are needed or if figures are needed for the Emergency Action Plan (EAP), an amendment to this Task Order will be submitted to the CITY for review and approval. · Prevention Program. Process safety information, P&IDs, operating and maintenance procedures, and training programs are a few of the areas that may have changed since the initial RMP was submitted. CH2M HILL will review the prevention program (Process SMety Management Plan) and identify procedures that require updating. CH2M HILL will work closely with CITY staff to revise the procedures. For the purposes of this proposal, it is assumed that the P&IDs are current and will not require updating. If updating is required an amendment to this Task Order will be submitted to the CITY for review and approval. DFB~OW_04-19-04_FINAL_JP.DOC 2 Task 3 - Prepare Updated Submittals After the above information is reviewed and updated, EPA's submitting software, RMP*Submit, must be revised to reflect the changes and submitted to EPA. Contact information and other administrative information also must be updated. CH2M HILL will prepare two draft copies of the RMP documentation including the RMP*Submit diskette information for review and comment by CITY staff. After addressing the CITY's comments and revising the documentation, CH2M HILL will prepare three copies of the final RMP documentation in three-ring binders. Electronic copies of the documents will be provided upon request. Task 4 - Conduct Compliance Audit The CITY has elected to perform a compliance audit in conjunction with the RMP Update. By simultaneously performing the compliance audit, the CITY is taking full advantage of the RMP Update process. The added value to the CITY is cost savings in the compliance audit itself. The CITY will capitalize on the review of the RMP program elements during the RMP Update process and will not have to address that again during the compliance audit. The specific tasks associated with the compliance audit are presented in detail below. Task 4.1 - Verification of Program Elements RMP/PSMP · Records Review. CH2M]-IILL shall review all records, including process and instrumentation diagrams, management of change forms, hot works (welding) permits, etc., pertaining to the RMP & PSMP plans and incorporate those comments on the OSHA compliance audit certificatiOn page and checklist (Found in Appendix E of your RMP). This will be mostly completed during the RMP Update process and will only require minimal review. · On-Site Inspection. CH2MHILL shall visit the facilities being audited, WWTP & EWTP, and perform an on-site inspection to ensure that the process and instrumentation diagrams are accurate and up-to-date, and that all applicable codes and standards and general good engineering practices are being followed. · Interview with plant staff. CH2MHILL shall interview a representative number of staff from both of the CITY's fadlities and incorborate'fftose comments on the OSHA compliance audit certification page and checklist. It is anticipated that 3 to 4 individuals will be interviewed from each facility including a representative from the leadership team, the chief operator, and one or two maintenance technicians assigned to the specific water treatment plant. Task 4.2 - Preparation of the Draft RMP/PSMP Audit Report CH2MHILL shall incorporate all the comments and assessments from Task 1, and prepare a Compliance Audit Report. This report shall include an executive summary, a compliance audit report of findings table, highlighffng corrective actions that need to be taken, and the OSHA compliance audit certification pages and checklists for each facility being audited. DFI~SOW_O4-19-O4_FINAL_JP.DOC . 3 Task 4.3 - Client Review and Preparation of Final Report Once the draft report has been prepared, CH2MHILL shall submit three (3) copies of the draft report for the CITY's review. Review comments from the CITY will be discussed and any required changes to the report willbe incorporated into the final document. Three (3) copies of this final document shall be submitted to the CITY as the final deliverable. ¢. Assumptions The RMP Update will include all applicable changes made to the 40 CFR 68.190 rule as mandated by the EPA. · Major revisions to the EAP will not be required. This includes, but is not limited to, diagrams, development of procedures, and training. RMP refresher training is not part of this scope of services. · Revisions and/or updates to the existing P&ID's is not part of this scope of services. CH2MHILL assumes that activities for both the RMP Update and the compliance audit will be completed in one contiguous trip to Boynton Beach, although the trip may consist of several days. This efficiency is assumed and is being passed on to the CITY in the form of reduced travel expenses. D. Contract Reference This Task Order shall be performed under the terms and conditions described within the Agreement for General Engineering Consulting Services dated November 18, 2003, between the City of Boynton Beach and CH2M HILL, Inc. E. Additional Services Following the completion of the RMP and Compliance Audit,~the CITY my elect to have CH2M HILL provide additional services that may include additional training, procedures manuals, supplemental modeling, EAP revisions, P&ID updates, refresher training, or emergency exercises. The fee for providing additional services will be negotiated with the CITY and will be prOvided on a lump sum basis. Scope and fee to amend this task order will be submitted to the CITY Project Manager for review and approval prior to initiating additional work. F. Obligations of the City In addition to the specific activities identified in this scope of work, the CITY is obligated to provide the following: · Provide available data as requested to complete the tasks identified in this scope of work · Attend requested meetings · Provide timely reviews (within one week of submittal) of deliverable materials with comments incorporated into a single document · All required fees DFB~SOW_O4-19-O4_FINAL_JP.DOC 4 G. Deliverables The following deliverable are included in this project: Task 1- None Task 2 - None Task 3 - Two (2) draft copies of the RMP Update information including the RMP*Submit diskette. Three (3) copies of the final RMP Update information, including all RMl~*Submit information and one electronic copy of all information on CD. Task 4 - Three (3) draft cOpies of the compliance audit report and three (3) copies of the final report. H. Compensation Compensation by the CITY to the CH2M HILL for services provided in this Task Order will be on a lmnp sum basis in accordance with the above mentioned Agreement. The compensation for the services described in Task 1 - 4 of this Task Order is estimated at $26,460 as shown in the following summary table and proposed labor estimate. Work completed by the CH2M HILL will be invoiced monthly on a labor and expenses basis per the above agreement. Attachment 1 provides a breakdown of labor hours by labor-grade and task. Task Description Labor Labor Cost Expenses Totals Hours Task I -Technical Studies 56 $6,688 $1,781 $8,469 Task 2 - Prevention Program 34 $4,376 $251 $4,627 Task 3 - RMP*Submit 12 $1,388 $121 $1,459 Task 4 - Compliance Audit 90 $10,388 $1,517 $11,905 Grand Totals 192 $22,790 $3,670 $26,460 I. Schedule CH2M HILL will respond to comments from the Department of Community Affairs CDCA) until acceptance of the revisions for no additional charge, provided that the agency responds within one year from the date of submittal. CH2M HILL can complete the entire scope of work in approximately eight weeks from notice to proceed (NTP). Attachment 2 provides a task duration schedule for the project from the NTP issued by the CITY. DF~OW_O4-19-O4_RNAL_JP.DOC 5 J. Approval APPROVED BY: CITY OF BOYNTON BEACH, FLORIDA By:. Kurt Bressner City Manager Dated this day of ~, 2004. Approved as to Form:. Attest / Authenticated By: By: Office of City Attorney Secretary SUBMITTED BY: CH2M HILL, INC. Tim Sharp, PG Office Manager Dated this day of ,2004. DFB'~SOW_04-19-04_FINAL_JP.DOC 6 Attachment 1 Boynton Beach RMP Update Level of Effort Task Employee Name Labor Category Hours Rate Amount Task I - Technical Studies Desing, William E. Senior Consultant 16.0 $175.00 $ 2,800.00 Olson, Richard Client Service Manager 4.0 $150.00 $ 600.00 Parrillo, Jason P. Senior Engineer 24.0 $110.00 $ 2,640.00 Becket, Gambra Administrative Support 12.0 $ 54.00 $ 648.00 Subtotal - Task I 56.0 $ 6,688.00 Task 2 - Prevention Program Desing, William E. Senior Consultant 12.0 $175.00 $ 2,100.00 Olson, Richard Client Service Manager 2.0 $150.00 $ 300.00 Parrillo, Jason P. Senior Engineer 16.0 $110.00 $ 1,760.00 Becker, Gambra Administrative Support 4.0 $ 54.00 $ 216.00 Subtotal - Task 2 34.0 $ 4,376.00 Task 3 - RMP*Submit Desing, William E. Senior Consultant 2.0 $175.00 $ 350.00 Parriilo, Jason P. Senior Engineer 8.0 $110.00 $ 880.00 Becker, Gambra Administrative Support 2.0 $ 54.00 $ 108.00 Subtotal - Task 3 12.0 $ 1,338.00 Task 4 - Compliance Audits Desing, William E. Senior Consultant 24.0 $175.00 $ 4,200.00 Olson, Richard Client Service Manager 2.0 $150.00 $ 300.00 Parrillo, Jason P. Senior Engineer 36.0 $110.00 $ 3,960.00 Payne, Julee Paraprofessional 16.0 $ 80.00 $ 1,280.00 Becker, Gambm Administrative Support 4.0 $ 54.00 $ 216.00 Taylor, Susan E. Administrative Support 8.0 $ 54.00 $ 432.00 Subtotal - Task 4 90.0 $ 10,388.00 Total 192.0 $ 22,790.00 Attachment 2 Boynton Beach RMP Update Project Schedule Proposed Schedule Task Description Time to Complete Task I - Update Technical Studies Task 1.1 - Process Hazard Analysis 2 weeks from NTP Task 1.2 - Offsite Consequence Analysis . 2 weeks from NTP Task 2 - Update Safety Procedures 3 weeks from NTP Task 3 - Prepare Updated Submittals 4 weeks from NTP Task 4 - Compliance Audit Task 4.1 - Verification of Program Elements 5 weeks from NTP Task 4.2 - Preparation of Draft Report 6 weeks from NTP Task 4.3 - Preparation of Final Report 8 weeks from NTP VI .-CONSENT AGENDA ITEM C.6. CITY OF BOYNTON BEACI AGENDA ITEM REQUEST FOmv 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 6, 2004 March 15, 2004 (Noon.) [] June 1, 2004 May 17, 2004 (Noon) [] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31, 2004 (Noon) [] May 4, 2004 April 19, 2004 (Noon) [] July 6, 2004 June 14, 2004 (Noon) [] May 18, 2004 May 3, 2004 (Noon) [] July 20, 2004 July 5, 2004 (Noon) ~-- [] Administrative [] Legal --< NATURE OF [] Announcement [] New Business crt :m_< AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing c~ -. m_r [] Code compliance/Legal Settlements [] Unfinished Business .~. RECOMMENDATION: Approve resolution to assess the costs of abatement of certain nuisances again:~ the owners of properties involved. ~:XPL~NAIION: Beginning in July 2003 and continuing through October 2003, Parks staff was requested by Code Compliance to. mow the lots of the properties described in Exhibit 'W'. The property owners were invoiced by the Rnance Department on two occasions in an effort to recoup these costs. These efforts were unsuccessful. The Finance Department then forwarded the invoices so that we could move forward with placement of liens on these properties. On January 5, 2004, all of these property owners were sent letters offering them an opportunity to remit within 30 days in order to avoid incurring a lien on their property. We have not received a remittance to date. If this resolution is approved, the City Clerk's Office will again notify each property owner that a lien will be recorded in Palm Beach County 30 days from the date of approval. This will give the property owners an additional opportunity to avoid the placement of a lien on their properties. PROGRAM IMPACT: None FISCAL IMPACT: To date, abating these nuisances has cost the City of Boynton Beach $1,377.40. Additional administrative fees of $270 will be added to this amount to cover administrative fees for the City Clerk's Office. ALTERNATIVES: Not to place liens on these properties and t~these costs. Department Head's Signature City Manager's Signature Dep~nent Name ~J~J ~ City Att~l/~ey/'Finance / Human Resources S:\CC~WP~LOT MOW1NG ASSESSMENTSL~,genda Item Request Form - Reso Approval Request - 05-1 8-04.dot 1 RESOLUTION NO. 04- 2 3 A RESOLUTION OF THE CITY OF BOYNTON 4 BEACH, FLORIDA ASSESSING THE COSTS OF 5 ABATEMENT OF CERTAIN NUISANCES 6 AGAINST THE OWNERS OF THE PROPERTIES 7 INVOLVED; AND PROVIDING AN EFFECTIVE 8 DATE. 9 10 WHEREAS, beginning in July 2003 and continuing through October 2003, Parks 11 staff was requested by Code Compliance to mow the lots of the properties described in 12 Exhibit "A"; and 14 WHEREAS, the owners of the parcel(s) of property hereinafter described were 15 invoiced by the Finance Department on two occasions in an effort to recoup these costs 1{5 with no response; and 17 18 WHEREAS, said nuisance was not abated as required; and, 19 20 WHEREAS, on January 5, 2004, all of the property owners listed in the attached 21 Exhibit "A" were sent letters offering them an opportunity to remit within 30 days in 22 order to avoid incurring a lien on their property; and 23 24 WHEREAS, the City Manager or his authorized representative has made a report 25 of costs actually incurred by the City and abatement of said nuisance as to the property(s) 2{5 involved, which is described in Exhibit "A" attached to this Resolution; and 27 28 WHEREAS, upon passage of this Resolution, the property owners will be 29 furnished with a copy of this Resolution, and given one more opportunity to remit all 30 costs associated with the abatement in full within 30 days of the passage of the 31 Resolution, before transmittal to the County for recordation of Liens; and 32 33 WHEREAS, at the time of recordation of Liens in the Public Records of Palm 34 Beach County, the City Clerk's office will add an additional administrative fee in the 35 amount of $270.00; and 36 37 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 38 OF THE CITY OF BOYNTON BEACH, FLORIDA AS FOLLOWS: 39 40 Section 1: Each Whereas clause set forth above is true and correct and 41 incorporated herein by this reference. 42 43 Section 2: The amount of costs incurred by the City and the abatement of the 44 above-described nuisance as to the parcels of land, owned and indicated to wit: 45 46 47 S:\CA\RESO\Legislative Actions~luisance Abatement Liens 051104.doc ~ SEE ATTACHED COMPOSITE EXHIBIT "A" 2 3 (Charges cover Invoices dated July, 2003 through October 2003) 4 Subject amount is hereby assessed as liens against said parcels of land as 5 indicated, plus an additional administrative charge of $30.00 for each 6 Lien. Liens shall be of equal dignity with the taxes therefrom for the year 7 2003, and shall be enforced and collected in like manner pursuant to 8 applicable provisions of law. In the event collection proceedings are 9 necessary, the property owner shall pay ali costs of the proceedings, 10 including reasonable attorneys fees. 12 Section 3. This Resolution shall become effective immediately upon passage. 13 14 PASSED AND ADOPTED this __ day of May, 2004. 15 16 CITY OF BOYNTON BEACH, FLORIDA 19 Mayor 2O 21 22 Vice Mayor 23 24 25 Commissioner 26 27 28 Commissioner 29 ATTEST: 3O 31 Commissioner 32 33 City Clerk 34 35 S:\CA\RESO\Legislative Actions~luisance Abatement Liens 051104.doc VI.-CONSENT AGENDA CITY OF BOYNTON BI ITEM C.7 AGENDA ITEM REQUESX ...... 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 6, 2004 March 15, 2004 (Noon.) [] June 1, 2004 May 17, 2004 (Noon) [] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31, 2004 (Noon) [] May4,2004 April l9, 2004 (Noon) [] July6,2004 June l4, 2004 (Noon) [] May 18, 2004 May 3, 2004 (Noon) [] July 20, 2004 July 5, 2004 (Noon) r.~ [] Administrative [] Legal .'Z'. NATURE OF [] Announcement [] New Business ~,ocz~ AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Approve an amendment to the FRDAP project agreement extending the land acquisition completion date for the Wilson Center and Park expansion 'to November 30, 2004. EXPLANATION: In 2002, the City of Boynton Beach applied for and received a FRDAP grant for the purchase of two pieces of properties adjacent to the Wilson Park, for future expansion of the park, for up to seventy-five percent (75%) of the purchase price or $112,500, whichever was less. Ov, er the last year, the City has encountered difficulty acquiring these properties. We are now w6rking with the Urban Group to facilitate purchase of the parcels. PROGRAM IMPACT: Extension of the agreement will allow sufficient time for the city to acquire these properties. FISCAL IMPACT: Extension of the agreement will preserve FRDAP funding for this project. ALTERNATIVES: Allow the agreement to lapse causing the City to lose FRDAP funding for the acquisition of property adjacent to Wilson Park. / 'Department Head's Signamr/~ .... ;! Ci/y Manager's Signature Department Name 0-' City At~o437 Finance / Human Resources S:~BULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC Department of Environmental Protection Marjory Stoneman Douglas Building Jeb Bush 3900 Commonwealth Boulevard David B. Struhs Governor Tallahassee, Florida 32399-3000 Secretary March 26, 2004 Ms. Barbara J. Meacham Parks and Landscape Planner City of Boynton Beach Post Office Box 310 Boynton Beach, Florida 33425-0310 Re: Wilson Park Expansion FRDAP Project No. F03508 Dear Ms. Meacham: Attached are two original amendments to extend the ~n completion date for this project. Please execute and return both original copies to our office. In signing the amendments, do not complete the blank spaces for the execution date. Our staffwill date the amendment when formally executed by the Department of Environmental Protection and one original copy will be returned to you. Your immediate attention to this matter is appreciated. Sincerely, A. Diane Langston Community Assistance Consultant Bureau of Design and Recreation Services Division of Recreation and Parks Mail Station #585 ADL/sd Attachment "Adore Protection, Less Process" Printed on recycled paper. ] RESOLUTION NO. R04 - 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AUTHORIZING EXECUTION OF AN 5 AMENDMENT TO THE AGREEMENT BETWEEN THE CITY 6 OF BOYNTON BEACH AND THE STATE DEPARTMENT OF 7 ENVIRONMENTAL PROTECTION, EXTENDING THE LAND 8 ACQUISITION COMPLETION DATE FOR THE WILSON 9 CENTER AND PARK EXPANSION TO NOVEMBER 30, ] 0 2004; AND PROVIDING AN EFFECTIVE DATE. ] 2 WHEREAS, in 2002, the City of Boynton Beach applied for and received a FRDAP ] 3 grant for the purchase of two pieces of properties adjacent to the Wilson Park, for future ] 4 expansion of the park; and ] 5 WHEREAS, to allow sufficient time for the City to acquire these properties and ] 6 preserve FRDAP funding for this project, it has become necessary to extend the land ] 7 acquisition completion date to November 30, 2004;; and ] 8 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF ] 9 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 20 2 ] Section 1. The City Commission of the City of Boynton Beach hereby authorizes 22 execution of an Amendment to the Agreement with the Florida Department of Environmental 23 Protection, (FRDAP), extending the land acquisition completion date for the Wilson Center 24 and Park expansion to November 30, 2004, a copy of which is attached hereto as Exhibit 25 "A". 26 Section 2. This Resolution shall become effective immediatelY upon passage. 27 S:\CA~RESO~Agreements\Grants~extension - FRDAP Grant.doc 1 PASSED AND ADOPTED this __ day of May, 2004. 2 3 4 CITY OF BOYNTON BEACH, FLORIDA 5 6 7 Mayor 9 10 Vice Mayor 12 13 Commissioner 14 16 Commissioner 19 Commissioner 20 ATTEST: 22 23 City Clerk 24 25 26 t S:\CA~=:{ESO~Agreements\Grants\extension - FRDAP GranLdoc F3508 (DEP Contract Number) STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Project Agreement This Amendment entered into on this day of , 20 ., by and between the Department of Environmental Protection, hereinafter referred to as DEPARTMENT, and City of Boynton Beach, hereinafter referred to as GRANTEE, in furtherance of the approved recreational project known as Wilson Park Expansion, Project #F03508. WHEREAS, the DEPARTMENT and the GRANTEE entered into an agreement dated November 5, 2002, hereinafter referred to as the "Original Agreement"; and WHEREAS, the DEPARTMENT and the GRANTEE verbally agreed to amend the Original Agreement to extend the Project Completion Date; and WHEREAS, the amendment to change the Project Completion Date was not reduced to writing during the Original Agreement period. NOW THEREFORE, the DEPARTMENT and the GRANTEE hereby agree that the terms and conditions of the Original Agreement are made a part of this Agreement by reference as though stated in their entirety herein, except that; Paragraph 13 is amended as follows: The GRANTEE shall complete acquisition of the PROJECT site by November 30, 2004. In all other respects the Agreement of which this is an Amendment and attachments relative thereto shall remain in full force and effect. IN wIT~EsS WHEREOF, the parties hereto have duly executed this Agreement on the day and year first above written. STATE OF FLORIDA DEPA1RTPIENT CITY OF BOYNTON BEACH OF ENVIRONMENTAL PROTECTION By: By: -- Director or Designee Division of Recreation and Parks DEP Contract Ma~a~&r / Post Office Box 310 Boynton Beach, FL 33425-0310 Approved as to Form and Legality: Depart~e~ A~ Grantee Attorney DEP 42-050 Revised 02-21-99 VI.-CONSENT AGENDA CITY OF BOYNTON BEA£ ITEM C.8 AGENDA ITEM REQUEST F£ _ _ 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 6, 2004 March 15, 2004 (Noon.) [] June 1, 2004 May 17, 2004 (Noon) [] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May' 31, 2004 (Noon) [] May 4, 2004 April 19, 2004 (Noon) [] Jul)' 6, 2004 June 14, 2004 (Noon) [] May 18, 2004 May 3, 2004 (Noon) [] July 20, 2004 July 5, 2004 (Noon) [] Adminislxative [] 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 a resolution giving 6 months notice of withdrawal from the Beaches and Shores council. Approve a resolution for an inter-local agreement establishing and providing membership in the new Coastal Council. EXPLANATION: In 1985 the City of Boynton joined with a number of other municipalities and organizations to form the Palm Beach Countywide Beaches and Shores Council. The focus of that body was to provide a forum for information exchange, and cooperative effort toward protecting, preserving, and enhancing beaches and shores along the Atlantic Ocean. At the April 12, 2004 Beaches and Shores Council meeting the group approved the language in the above listed documents that will dissolve the organization and create a new organization called the Coastal Council. PROGRAM IMPACT: The new Coastal Council will have as its objectives: increased member awareness of coastal projects, discussion of new and existing methods of erosion conlxol, storm protection, beach nourishment, and coastal environmental protection, achievement of better working relationships and communication between members, and the allowance of various interest groups to have an equal opportunity to be heard on coastal issues. The Coastal Council shall meet semi-annually with additional meetings held upon consent of the members. The Palm Beach County Department of Environmental Resources Management will provide meeting space and technical staffto the members. FISCAL IMPACT: It is not anticipated that membership in the Coastal Council shall have any direct fiscal impact on the city of Boynton Beach. ALTERNATIVES: The city could chose not to participate or be a mem~ouncil. Department He/d'~Sl'~n~j~e '- ' ' City Manage¥'s Signature Recreation & Parks Department Department Name City Attorney / Finance / Human Resources S:~BULLETIN~ORMS'~AGENDA ITEM REQUEST FORM.DOC ~ RESOLUTION R04- 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, THAT IT IS GWING NOTICE TO THE 5 PALM BEACH COUNTYWIDE BEACHES AND 6 SHORES COUNCIL OF ITS INTENT TO WITHDRAW 7 MEMBERSHIP ON THE BEACHES AND SHORES 8 COUNCIL, WITH AN EFFECTIVE DATE OF 9 NOVEMBER 18, 2004; AND PROVIDING AN 10 EFFECTIVE DATE. 11 12 WHEREAS, in 1985 the City of Boynton Beach joined with a number 13 of other municipalities and organizations to form the Palm Beach Countywide 14 Beaches and Shores Council; and 15 WHEREAS, the Council was formed as a forum for information 16 exchange and as a cooperative effort to protect, preserve and/or enhance 17 beaches and shores in Palm Beach County; and 18 WHEREAS, the reasons and benefits contemplated for creation of the 19 Council was its application as a logical first step in coastal management; and 20 WHEREAS, many of the circumstances that were present at the time 21 that the Council was formed have changed and different objectives for the 22 Council are needed; and 23 WHEREAS, Section 9 of the existing Inteflocal Agreement requires 24 that parties withdraw only by adoption of a formal resolution and that they 25 give six (6) months notice; 26 NOW THEREFORE, BE IT RESOLVED BY THE CITY OF 27 BOYNTON BEACH, THAT: S:\CA\RESO~,greementsUntedocals\WJthdrewal from Beaches and Shores Council.doc 1 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed 2 as being true and correct and are hereby made a specific part of this Resolution 3 upon adoption hereof. 4 Section 2. Notice is given to the Palm Beach Countywide Beaches and 5 Shores Council that, effective November 18, 2004, the City of Boynton Beach, 6 Florida will withdraw its membership on the Council. 7 Section 3 That this Resolution shall become effective immediately upon 8 passage. 9 PASSED AND ADOPTED this __ day of May, 2004. 11 C1TY OF BOYNTON BEACH, FLORIDA 12 13 14 Mayor 15 17 Vice Mayor 18 19 20 Commissioner 21 23 Commissioner 24 25 26 Commissioner 27 ATTEST: 28 29 30 City Clerk 31 32 (Corporate Seal) 33 34 35 S:\CA~riESO~AgreementsUntedocals\Withdrawa! from Beaches and Shores Council.doc The City of Boynton Beach lOO E. Boynton Beach Blvd. P.O. Box 31o Boynton Beach, Florida 33425-o3~o (561) 74~-6OlO FAX: (561) 742-6Oll Email: Ta~llorj@ci. boynton-beach.fl, us Web Address: Boynton-Beach.or9 May18,2004 Mr. William V. Hayes, Chair and Members of the Palm Beach Countywide Beaches and Shores Council c/o The Department of Environmental Resources Management 3323 Belvedere Road, Building 502 West Palm Beach, FL 33406-1548 SUBJECT: NOTICE TO WITHDRAW MEMBERSHIP Dear Mr. Hayes: In a motion passed unanimously on February 9, 2004, the Palm Beach Countywide Beaches and Shores Council decided that the Interlocal Agreement which established the Council should be modified or replaced in order to maintain a forum for education, dialogue and information exchange while altering the present meeting schedule, Council organization, format and processes. The most efficient method of updating the Council is to terminate the current Interlocal Agreement and form a new agreement. Termination of the current agreement requires withdrawal of all but six (6) of the current members. With the purpose of terminating the current agreement, the city of Boynton Beach hereby notices the Council of its withdrawal from he Council membership by resolution effective six months form the date of this notice. The Honorable, Mayor Jerry Taylor /vlr America's Gateway to the Gulfstream r~q,~me,~t of ~o~e~t~ April 21, 2004 Resources Management 3323 Belvedere Road, Building 502 Palm Beach Countywide Beaches west Palm Beach. FL 33406-1548 and Shores Council Members (561) 233-2400 FAX: (561) 233-2414 SUBJECT: LETTER GIVING NOTICE OF WITHDRAWAL, www. pbcgov, com RESOLUTION AND INTERLOCAL AGREEMENT Dear Council Member: Enclosed please find four (4) documents: A draft cover letter addressed to Mr. William V. Hayes giving notice of withdrawal of membership from the Beaches ~ ~a~h co~ and Shores Council; a draft Resolution giving 6 months notice of withdrawal ~o~,_.a of county effective from the date of adoption of the resolution; an Interlocal Agreement Commissioners establishing and providing membership in the Coastal Council; and, finally, a ~aren T. Marcus. Chair table giving the date when each entity approved their membership in the Beaches and Shores Council. The language in these documents has been updated to ,y Ma$ilotti, Vice Chairman reflect what was approved at the April 12, 2004 Beaches and Shores Council Jeff l~oons meeting. Warren H. Newell In the draft letter and resolution you will notice the use of [brackets]. In place of Mary McCarty the brackets, please insert the name of your entity (city, town, village, group, etc), Bu~t ^aronson position of the person writing the letter, effective date of withdrawing (i.e.: If the ^ddie L. aree~,e date that this matter is considered is May 16, 2004 then the effective date of withdrawing from the Beaches and Shores Council would be November 16, 2004), date when original agreement to the Beaches and Shores Council was executed and the use of either Commissioner, Council Person or Director, etc. County/~lministrator We would appreciate your earliest attention in adopting the resolution and Robert Weisman executing the new interlocal agreement. If you have any questions concerning this issue please do not hesitate to contact Mr. Robert Clinger at (561) 233-2433. Sincerely, Environmental Enhancement & Restoration 'An Equal Opportunity U:'xBeaches and Shores Council~Letter to Beaches and Shores Council.rtl Affirmative Action Employer~ ~ prit~tod on roc3,ct~ palaor April __, 2004 Mr. William V. Hayes, Chair and Members of the Palm Beach Countywide Beaches and Shores Counci} c/o The Department of Environmental Resources Management 3323 Belvedere Road, Building 502 West Palm Beach, FL 33406-1548 Re: Notice to Withdraw Membership Dear Mr. Hayes: In a motion passed unanimously on February 9, 2004, the Palm Beach Countywide Beaches and Shores Council decided that the Interlocal Agreement which established the Council should be modified or replaced in order to maintain a forum for education, dialogue and information exchange while altering the present meeting schedule, Council organization, format and processes. The most efficient method of updating the Council is to terminate the current Interlocal Agreement and form a new agreement. Termination of the current agreement requires withdrawal of all but six (6) of the current members. With the purpose of terminating the current agreement, the [CITY] hereby notices the Council of its withdrawal from Council membership by resolution effective six months from the date of this notice. Sincerely, [Mayor/Town Clerk] PALM BEACH COUNTYWIDE BEACHES AND SHORES COUNCIL SIGNATORY PARTICIPANT DATE APPROVED 1. Audubon Society of The Everglades May 9, 1985 2. Boca Raton, City of April 23, 1985 3. Boca Raton Taxing District 4. Boynton Beach, City of April 2, 1985 5. Briney Breezes, Town of February 27, 1986 6. Delray Beach, City of May 24, 1985 7. GulfStream, Town of July 12, 1985 8. Highland Beach, Town of May 7, 1985 9. Juno Beach, Town of April 10, 1985 10. Jupiter Inlet Colony, Town of April 1, 1985 11. Jupiter Inlet District April 24, 1985 12. Jupiter, Town of June 18, 1985 13. Lake Worth, City of April 15, 1985 14. Lantana, Town of May 13, 1985 15. Manalapan, Town of April 23, 1985 16. Marine Life Center of Juno Beach March 13, 1991 (Ocean Impact Foundation) 17. North Palm Beach, Village of July 12, 1985 18. Ocean Ridge, Town of May 6, 1985 19. Palm Beach County Board of County June 25, 1985 Commissioners 20. Palm Beach County League of Cities June 28, 1985 (PBC Municipal League) 21. Palm Beach Shores, Town of June 17, 1985 22. Palm Beach, Town of April 9, 1985 23. Port of Palm Beach August 21, 1985 24. Riviera Beach, City of March 19, 1986 25. South Palm Beach, Town of April 24, 1985 26. Tequesta, Village of April 9, 1985 VI.-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 6, 2004 March 15, 2004 (Noon.) [] June 1, 2004 May 17, 2004 (Noon) [] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31, 2004 (Noon) [] May 4, 2004 April 19, 2004 (Noon) [] July 6, 2004 June 14, 2004 (Noon) [] May 18, 2004 May 3, 2004 (Noon) [] July 20, 2004 July 5, 2004 (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 a resolution giving 6 months notice of withdrawal fi'om the Beaches and Shores council. Approve a resolution for an inter-local agreement establishing and providing membership in the new Coastal Council. EXPLANATION: In 1985 the City of Boynton joined with a number of other municipalities and organizations to form the Palm Beach Countywide Beaches and Shores Council. The focus of that body was to provide a forum for information exchange, and cooperative effort toward protecting, preserving, and enhancing beaches and shores along the Atlantic Ocean. At the April 12, 2004 Beaches and Shores Council meeting the group approved the language in the above listed documents that will dissolve the organization and create a new organization called the Coastal Council. PROGRAM IMPACT: The new Coastal Council will have as its objectives: increased member awareness of coastal projects, discussion of new and existing methods of erosion control, storm protection, beach nourishment, and coastal environmental protection, achievement of better working relationships and communication between members, and the allowance of various interest groups to have an equal oppommity to be heard on coastal issues. The Coastal Council shall meet semi-annually with additional meetings held upon consent of the members. The Palm Beach County Department of Environmental Resources Management will provide meeting space and technical staffto the members. FISCAL IMPACT: It is not anticipated that membership in the Coastal Council shall have any direct fiscal impact on the city of Bosxtton Beach. ALTERNATIVES: The city could chose not to participate or be a mem~Council. Department He/d'~Sl'~n~e - '- - City ManageVs Signature Recreation & Parks Department Department Name City Attorney / Finance / Human Resources SSBULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC I RESOLUTION R04- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AUTHORIZING EXECUTION OF AN 5 [NTE~OCAL AGREEMENT BETWEEN THE CITY OF 6 BOYNTON BEACH AND EACH AND EVERY OTHER 7 SIGNATORY MEMBER (PALM BEACH COUNTY, 8 INLET/SPECIAL TAXING DISTRICTS, 9 ENVIRONMENTAL GROUPS, COASTAL 10 MUNICIPALITES AND THE PALM BEACH COUNTY 11 LEAGUE OF CITIES) ESTABLISHING THE PALM 12 BEACH COUNTYWIDE COASTAL COUNCIL 1:3 (COASTAL COUNCIL); AND PROVIDING AN 14 EFFECTIVE DATE. 15 16 WHEREAS, the new Coastal Council will have as its objectives: 17 increased member awareness of coastal projects, discussion of new and 113 existing methods of erosion control, storm protection, beach nourishment, and 19 coastal environmental protection, achievement of better working relationships 20 and communication between members, and the allowance of various interest 21 groups to have an equal opportunity to be heard on coastal issues; and 22 WHEREAS, staff has reviewed and recommends acceptance of the 23 Interlocat Agreement, a copy of which is attached hereto and made a part 24 hereof; 25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY 26 COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, 27 THAT: 28 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed 29 as being true and correct and are hereby made a specific part of this Resolution 30 upon adoption hereofi S:' ~,\RESOV~greements\lntedocals\lnterlocal Agreement - Coastal Council.doc 1 Section 2. Upon recommendation of staff, this Commission does hereby 2 authorize execution of this Interlocal Agreement between the City of Boynton 3 Beach and each and every other Signatory Member (Palm Beach County, 4 inlet/special taxing districts, environmental groups, coastal municipalities and 5 the Palm Beach County League of Cities), which Agreement is attached hereto $ and made a part here. 7 Section 3 That this Resolution shall become effective immediately upon 8 passage. 9 PASSED AND ADOPTED this __ day of May, 2004. 10 1 '1 CITY OF BOYNTON BEACH, FLORDA 13 14 Mayor 17 Vice Mayor 19 20 Commissioner 21 22 23 Commissioner 24 25 26 Commissioner 27 ATrEST: 28 29 30 City Clerk 32 (Corporate Seal) 33 S:' [\RESO~Agreements\lntedocals\lntedocal Agreement - Coastal Council.doc INTERLOCAL AGREEMENT This counterpart Interlocal Agreement is made this day of ., 200 , between the Undersigned Member , and each and every other Signatory Member (Palm Beach County, inlet/special taxing districts, environmental groups, coastal municipalities and the Palm Beach County League of Cities). WITNESSETH WHEREAS, Section 163.01, Florida Statutes, known as the "Florida Interlocal Cooperation Act of 1969" authorizes local governments to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities that will harmonize geographic, economic, population and other factors influencing the needs and development of local communities; and WHEREAS, Part I of Chapter 163, Florida Statutes, permits public agencies as defined therein to enter into interlocal agreements with each other to jointly exercise any power, privilege, or authority which such agencies share in common and which each might exercise separately; and WHEREAS, the parties desire to establish a Council to be a forum for information exchange and education about beach and shore protection, preservation and/or enhancement. NOW THEREFORE, in consideration of the mutual representations, terms, and covenants hereinafter set forth, the parties hereby agree as follows: Section 1. Recitals The foregoing recitals are tree and correct and hereby incorporated by reference. Section 2. Purpose The purpose of this Agreement is to establish and provide for the Palm Beach Countywide Coastal Council (Coastal Council). The Coastal Council is designed to be an informal forum for the exchange of information and education of its members about the protection and enhancement of the Atlantic coast in Palm Beach County. The Coastal Council shall take no regulatory action nor make recommendations to any regulatory bodies. Section 3. Obiectives The objectives of the Coastal Council are as follows: 1. Increase member awareness and knowledge of coastal projects in order to increase trust and cooperation. 2. Discuss new and existing methods of erosion control, storm protection, beach nourishment and preservation, as well as coastal environmental protection. 3. Achieve better working relationships and communication between members. 4. Allow various interest groups to have an equal opportunity to be heard on coastal issues. Section 4. Council Membership Membership on the Coastal Council shall be possible for the following entities: 1. Palm Beach County; 2. Each inlet or special taxing district having jurisdiction over land fronting on the Atlantic Ocean in Palm Beach County (currently Jupiter Inlet District, Port of Palm Beach District, and the Greater Boca Raton Beach Tax Distric0; 3. Environmental bodies expressly concerned with the Atlantic Ocean beaches and shores in Palm Beach County (currently Audubon Society and the Marine Life Center of Juno Beach); 4. Each Palm Beach County coastal municipality that owns or controls land fronting on or adjacent to the Atlantic Ocean; and 5. The Palm Beach County League of Cities. An entity becomes a Member upon execution of this Interlocal Agreement. Membership may be extended in the future to a new entity falling into one of the above categories by majority vote of the Coastal Council. Each member of the Coastal Council shall be an equal member and each Member shall be entitled to one (1) representative. Each representative must be properly authorized by a Member. Section 5. Council Meetings The Coastal Council shall meet semi-annually. Additional meetings may be held if proposed by the Moderator and upon consent of the majority of the Members. Palm Beach County shall provide a meeting place and technical staff to the Members. Palm Beach County shall also notify Members of meetings and provide necessary technical equipment for meetings. Section 6. Council Organization A Moderator shall preside over each Coastal Council meeting. The Moderator and Alternate Moderator shall be a volunteer from among the Members to serve for the calendar year. Within thirty (30) days after the meeting, the Moderator shall prepare a brief summary of the meeting and provide the summary to Palm Beach County. The summary shall be distributed electronically by Palm Beach County to all Members. A recording of the meeting shall be created and stored for two (2) years by Palm Beach County for review upon request. Section 7. Council Discussion Presentations and discussions shall be limited to matters pertaining to the Objectives of the Coastal Council as described in Section 3 of this Agreement. Every Member is encouraged to present a brief presentation annually. Member presentations and discussions may include: shore protection projects, sand transfer plants, maintenance dredging projects, preservation and/or enhancement projects, reports, surveys, coastal policies, codes, ordinances, resolutions, funding, monitoring and environmental issues. Section 8. Amendment This Agreement may be amended or modified only by written agreement executed by all the parties hereto. Section 9. Withdrawal Members of the Coastal Council may withdraw from the Coastal Council by written notice to the current Moderator. The written notice must be signed by an individual or group authorized to act on behalf of the Member. Membership in the Coastal Council shall cease upon receipt of the notice. Section 10. Term/Effective Date This Agreement shall take effect upon execution by Palm Beach County. The term of this agreement shall be for a period of ten (10) years, with automatic five (5) year extensions unless terminated as provided herein. Section 11. Termination This Agreement shall automatically terminate upon the written agreement of all parties hereto or upon the withdrawal of all but six (6) Members from the Coastal Council. Section 12. Governin~ Law/Venue This Agreement shall be construed by and governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Agreement will be held in Palm Beach County. Section 13. Counterparts This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Section 14. Entirety of Agreement This Agreement represents the entire understanding between the parties, and supersedes all other negotiations, representations, or agreement, either written or oral, relating to this Agreement. ATTEST: By: By: Clerk or Wimess Mayor/Chairperson PALM BEACH COUNTYWIDE BEACHES AND SHORES COUNCIL SIGNATORY PARTICIPANT DATE APPROVED 1. Audubon Society of The Everglades May 9, 1985 2. Boca Raton, City of April 23, 1985 3. Boca Raton Taxing District 4. Boynton Beach, City of April 2, 1985 5. Briney Breezes, Town of February 27, 1986 6. Delray Beach, City of May 24, 1985 7. GulfStream, Town of July 12, 1985 8. Hi~hland Beach, Town of May 7, 1985 9. Juno Beach, Town of April 10, 1985 10. Jupiter Inlet Colony, Town of April 1, 1985 11. Jupiter Inlet District April 24, 1985 12. Jupiter, Town of June 18, 1985 13. Lake Worth, City of April 15, 1985 14. Lantana, Town of May 13, 1985 15. Manalapan, Town of April 23, 1985 16. Marine Life Center of Juno Beach March 13, 1991 (Ocean Impact Foundation) 17. North Palm Beach, Village of July 12, 1985 18. Ocean Ridge, Town of May 6, 1985 19. Palm Beach County Board of County June 25, 1985 Commissioners 20. Palm Beach County League of Cities June 28, 1985 (PBC Municipal League) 21. Palm Beach Shores, Town of June 17, 1985 22. Palm Beach, Town of April 9, 1985 23. Port of Palm Beach August 21, 1985 24. Riviera Beach, City of March 19, 1986 25. South Palm Beach, Town of April 24, 1985 26. Tequesta, Village of April 9, 1985 PALM BEACH COUNTYWIDE BEACHES AND SHORES COUNCIL SIGNATORY PARTICIPANT DATE APPROVED 1. Audubon Society of The Everglades May 9, 1985 2. Boca Raton, City of April 23, 1985 3. Boca Raton Taxing District 4. Boynton Beach, City of April 2, 1985 5. Briney Breezes, Town of February 27, 1986 6. Defray Beach, City of May 24, 1985 7. Gulf Stream~ Town of July 12, 1985 8. Highland Beach, ~own of May 7, 1985 9. Juno Beach, Town of April 10, 1985 10. Jupiter Inlet Colony, Town of April 1, 1985 11. Jupiter Inlet Dislxict April 24, 1985 12. Jupiter, Town of June 18, 1985 13. Lake Worth, City of April 15, 1985 14. l.antana, Town of May 13, 1985 15. Manalapan~ Town of April 23, 1985 16. Marine Life Center of Juno Beach March 13, 1991 17 (Ocean Impact Foundation) . North Palm Beach, Village of Jtfiy 12, 1985 18. Ocean Ridse, Town of May 6, 1985 19. Palm Beach County Board of County June 25, 1985 Commissioners 20. Palm Beach County League of Cities June 28, 1985 (PBC Municipal League) 21. Palm Beach Shores, Town of June 17, I985 22. palm Beach, Town of April 9, 1985 23. Port of Palm Be_a_eh August 21, 1985 24. Riviera Beach, City of March 19, 1986 25. South Palm Beach, Town of April 24, .1985 26. Tequesta, Village of April 9, 1985 VI.-CONSENT AGENDA CITY OF BOYNTON BEAC ITEM C.10 AGENDA ITEM REQUEST FC 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 6, 2004 March 15, 2004 (Noon.) [] June 1, 2004 May 17, 2004 (Noon) [] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31, 2004 (Noon) [] May 4, 2004 April 19, 2004 (Noon) [] July 6, 2004 June 14, 2004 (Noon) [] May 18, 2004 May' 3, 2004 (Noon) [] July 20, 2004 July 5, 2004 (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: Authorization for City Manager to execute two Purchase Agreements for two boat slips at the ::~ proposed Marina Village at Boynton Beach Marina Condominium. EXPLANATION: As part of the comprehensive settlement of the Marina Development, the City requested and was given two boat slips in the Marina for City use. The Commission has previously approved the Settlement Agreement incorporating the developer's obligation to provide the boat slips. The documents now before the Commission are the final step in formalizing the City's ownership of the slips. Commission approval is required to assure clean title to the slip in the event future transfer is required. PROGRAM IMPACT: n/a FISCAL IMPACT: n/a ALTERNATIVES: n/a Department Head's Signature · City Manager's Signature Department Name ! ' Ci~ Atto~ey-4(,lOifiance7 Human Resources S:~BULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC 1 2 RESOLUTION NO. R04- 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 5 FLORIDA, AUTHORIZING AND DIRECTING THE CITY 6 MANAGER TO EXECUTE TWO PURCHASE 7 AGREEMENTS BETWEEN THE CITY OF BOYNTON 8 BEACH AND TRG-BOYNTON BEACH, LTD. FOR TWO 9 MARINA BOAT SLIPS (B-1 AND B-2); AND PROVIDING 10 AN EFFECTIVE DATE. 11 12 WHEREAS~ the City Commission, upon recommendation of staff, has deemed it to 13 be in the best interests of the citizens and residents of the City to enter into a Purchase 14 Agreement between the City of Boynton Beach and TRG-Boynton Beach, Ltd., for two Boat 15 Slips, No. B-1 and B-2, located at Marina Village at Boynton Beach Marina Condominium; 16 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 17 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 18 Section 1. The City Commission of the City of Boynton Beach, Florida does 19 hereby authorize and direct the City Manager to execute two Purchase Agreements for the 20 purchase of two boat slips (B-1 and B-2) between the City of Boynton Beach and TRG- 21 Boynton Beach, Ltd., which Agreements are more particularly described in attached 22 composite Exhibit "A". 23 Section 2. This Resolution shall become effective immediately upon passage. 24 $:\CAkRESOkReal EstateWlarina Boat Slips - BI and B2.doc 1 PASSED AND ADOPTED this __ day of ., 2004. 2 3 CITY OF BOYNTON BEACH, FLORIDA 4 5 6 Mayor 7 8 9 Vice Mayor 10 11 12 Commissioner 13 14 15 Commissioner 16 17 18 Commissioner 19 20 21 22 City Clerk 23 24 (Corporate Seal) 25 26 27 28 29 30 S:\CAq~ESOXReal Estate~larina Boat Slips - BI and B2.doc MARINA VILLAGE AT BOYNTON BEACH MARINA CONDOMINIUM PURCHASE AGREEMENT ORAL REPRESENTATIONS CANNOT BE RELIED UPON AS CORRECTLY STATING THE REPRESENTATIONS OF THE DEVELOPER. In this Agreemeet, the term 'Buyer" and/or 'Purchaser' means or refers in the buyer or buyers listed below who have signed this Agreement. The word 'Seller' and/or "Developer' means or refers to TRG-Boynton Beach, Ltd., a Florida limited partnership. If the flrsl letter of a word is capitalized in this Agreement, that word will have the meaning given to it in this Agreement or in the Declare§on (as defined in paragraph 1 of this Agreement). . s~te: Co..~: z~pcodo: Home Phone: Office Phone: Tax iD No.: Fax. No. E-Mail Address: Celiul~ Phone 1. put.chase and Sale. Buyer agrees to buy, and Seller agrees to sell (on the terms and conditions contained in this Agreement), Marina Slip No. ~- ,/ , (the 'Unit') in the proposed MARINA VILLAGE AT BOYNTON BEACH MARINA CONDOMINIUM (the 'Condominium'). The Unit and the Condominium are descn'bed in greater detail in the proposed Declaration of Condominium (the 'Declaration') establishing the Condominium. A copy of the Declaration is included in the binder of documents delivered to Buyer (the 'Condominium Documents') and Buyer acknowledges receipl of the Condominium Documents on the date Buyer signed this Agreement. The total purchase pdce for the Unit is $~. ~ (the 'Purchase Price'). 2. Payment of the Purchase Price. Buyer agrees te make the following payments against the Purchase Price: Payment Due Date Amount Application ot Rese~valion Upon execution of Deposit (if applicable) this Agreement $ InilJal deposit Upon execution of this Agreement $ ,~//~ Balance of Initial 10% Deposit Addilional Deposit $ . /'~ Additional Deposit $ Balance Closing $, /, Deposits may be made by persona check (subject to clearance). The balance due at closing must be paid by either cashier's check or by wire transfer of federal funds only, All payman~s must be made in United States funds and all checks must be payable an a bank located in the Conlinen~ United States. If Buyer fails to pay any deposit on lime, and Seller a~'ees to accept it on a later date (which Seller is not obagated to do), Buyer will pay a late funding charge equal to interest on such depesit al the then applicable highest lawful rate from the dale due unfl the date received and cleared by Seller. Burr also agrees to pay all costs and other sums required to be paid by Buyer in this Agreement (which are more particularly described in paragraph 10 below). 3. How Buyer Pays. Buyer understands and agrees thal Buyer va'Il be obligated to pay 'all cash' at dosing. '[his Agreement and Buyer's obligations under this Agreement to purchase the Unit will not depend on whether er not Buyer qualifies for or obtains a mortgage from any lender. Buyer vail be solely responsible for making Buyers own financial affangements. Seller agrees, however, to cooperate with any leader Buyer chooses and to coordinate closing with such lender, i~, b~t o~ly if, such lender meets Seller's closing schedule and pays Seller the proceeds of its mortgage at dosing, in the event lhat lender does not pay Seller these proceeds at dosing, and if Seller allows same ~T it ~,~ot obligated to do}, Buyer will Et/R! shall be under no obligal~on whatsoever to take any corrective action with respect to same, and ~e to the Unit shall be conveyed subject to same. BUyer agrees to accept the folloWing two {2) documents as proof that Buyer's lille is as represented above: (a) A written commilment, whether provided by Seller's dosing agent or otherwise, bom a lille insurance company licensed in Flodda agreeing to issue a policy insudng lille or the policy itself. T'nis commilment (or policy) shall Iisi any exceptions to lille. Permitted exceptions (exceptions which Buyer agrees to take lille subject to) are: (i) Uability for all taxes or assessments affecting the Unit starling the year Buyer receives title and continuing All laws, and all restrictions, COvenants, ~condilions, limitations, agreements, resen~alions and easements recorded in the public records, which may include, Without limitation, zoning reslriclions, property use limitations and obligations, easements (rights-of-way) and agreements relating to telephone lines, water and sewer lines and other utilities, provided, however, thai none of such matters shall impair the marketability of lille; (iii) The restrictions, covenants, conditions, easemenls, ~ and olher provisions imposed by the documents contained or referred to in the Condominium Documents {and any other documents which Seller, in its sole disorelion, believes to be necessary or appmpriato) which are recorded, now er at any lime alter the date of this Agreement, in the public records; (iv) The reslrictions, covenants, terms and other ixovisions cenlained in the Oedaralion of Covenants, Reslficfions and Easements for the Marina Village at Boynten Beach recordud~ or. to be recorded, in the Public Recerds of Palm Beach County, Florida, as amended and supplemented from lime to lime (the 'Master Covenants') end/or in the Nlicles of incoqx)ralion, By-Laws and/or Rules and ReguleUons of the Marina Village at Boynton Beach Master AssociatJen, Inc. (the 'Master Assodalien'); (v) Rights of ingress and egress over and across any and all roads and/or sidewalks contained Within The Properties. (vi) Pending governmental liens as of dosing (Seller will be response, however, for cerlilied govemmental liens or special assessment liens as of dosing, provided, however, that to Ihe extent that any such cerl~ed lions are payable in installments, Seller shall only be responsible for those installments due prier to dosing, and Buyer hereby assumes all installments coming due after closing); (vii) All standard printed storey exceptions contained in an N. TA Owner's lille insurance policy issued in Palm Beach County, Florida (the 'gap exceptions, and standard excepliens for parties in possession, and construction liens shall be deleted at dosing er othawise insured over); (viii) Standard exceplions for water-front property and artiflciaily filled-in properly which once was in navigable waters and all other standard exceplions for sim~ar property; and {ix) Any matters not listed above as long as affirmative bile insurance is given for these matters. .(b) A Special Warranty Deed. At closing, Seller promises to give Buyer a spedai warranty deed to lhe Unit. The special , warranty deed will be subject to (that is, coataln~ exceplions for) all of the mattem described above and taxes as described betow. · Buyer will also receive at dosing Seller's f(xm of oweer's {'no lien') ara:lavit, dosing agreement, and FIRPTA (non- foreign) affidavit and an assignment of the exclusive use of a paring space. When I~/er receives the ~ warranty deed at closing, Buyer will sign a dosing agreement and all papers that Seller deems masonabty necessary or appropriate.' ff Seller cannot provide the quality of ~e descn'ond above, Seller Wilt have a reasenaNe period of Ume (at least sixty (60) days) -to correct any defects in lille, but Seller is not o~ligated to do so. If Seller cannot, after making reasonable efforts to do so (which shall not require the bringing of lawsuits or the payment or sa6sfaction of involuntary liens er judgments) to correct , the lille defects, Buyer will have two options: a. Buyer can. accept trdein the condiUon Se#er offers it (with detects) and pay tbe full pumhase price for lira Unit Wilh exceptk~s fer such liUe matters to be contained in the special warranty deed for the Unit. Buyer will · not make any claims against Seller because of the defects; or b. Buyer can cancel this Agreement and receive a full refund of Bu)~'s depasits. Seller will be relieved of all obligations under this Agreement (and othemtse) when Seller refunds the dupoa~ to Buyer. any additional amounts owed under this AgreemenL Until all sums have been received and cleared, Se~er will be enlilled to a vendors lien on the Unit (which Buyer will grant to Seller in writing at dosing at Sellers request er thema~er). · Agreement KUR'[ BRESSNER -4- CITY MANAGER BOYNTFIN RFAP. H FI not be allowed lo lake possession of the Unil'until Seller actually receives the funds and they have cleared. Notwithstanding any cooperation provided by Seller, nothing herein shall be deemed to qualify or otherwise condition Buyer's obligation to dose "all cash' oh the purchase of the Unit Although Seller does not have to do so, if Seller agrees to delay dosing until Buyer's lender is ready, or to wail for funding from Buyers lender until after dosing, er to accept a portion of the sums due al dosing in the form of a personal check, Buyer agrees to pay Seller a Pate funding 'charge equal lo interest, at the then highest applicable lawful rate on all funds due Setiet which have not then been paid to Seller (and, with regard to personal checks, which have not then cleared) from the da{e Seller originally s~eduled dosing to the date of actual payment (and, with regard to personal checks, to the date of final clearance). This late funding charge may be estimated and charged by Seller at closing. Seller's estimate will be adjusted after dosing based on actual tunding and clearance dates upon either Seller's or Buyer's wdtten request, in the event that Seller does not receive immediately cleared funds at dosing, Buyer will not be allownd to take possession of the Unit, until Seller actually receives the funds and they have cleared. Without limiting the generality of paragraph 29 of this Agreement, the foregoing sentence will survive (continue to be effective after) dosing. 4. Depo.s..its. Except as permitted below or by the provisions of the FIodda Condominium Act, all of Buyer's deposits will be held in escrow by Chicago Title Insurance Company ('Escrow Agent"), with ofces at 2701 Gateway Drive, Pompano Beach, Flodda 33069, in accordance with the escrow agreement contained in the Condominium Documents. The escrow agreement is incorporated into this Agreement as if repeated al length here, and Buyer agrees that the deposits may be held in any depository which meets the requirements of the Act, including, without limitalion, a financial institution chadered and Iocaled oul of the Stale of Flodda. If Buyer so requests, Buyer may oblaln a receipt for Buyer's deposits from the Escrow Agent. Seller may change escrow agents (as long as the new escrow ageel b authorized te be an escrow agent under applicable Florida law), in which case Buyer's deposits (and any interest actually eamed on them) may be transferred to the new escrow agent al Seller's direction. At dosing, all deposits not previously disbursed to Seller will. be released to Seller. Except where expressly provided herein to the contrary or otherwise required by law, all interest earned on Buyer's deposits shall accrue solely to the benefit of Seller, and shall not be.credited against the purchase price of the Unit. No interest will be assumed to be earned, unlessin fact said sums are invested in an interest bearing account and do in fact earn interest. .5. Seller'S.. Financinq. Seller may ben'ow money from lenders for the acquisition, development and/or construction of the Condominium: :Buyer:agrees that any lender advancing funds for Seller's use in connection with the Condominium will have a prior mortgage on the Unit and the Condominium until dosing. At closing, Seller shall cause the then applicable mortgages to be'released and may use Buyer's dosing proceeds for such purpose. Neither this Agreement, nor Buyer's payment of deposits, will give Buyer any lien or claim against the Unit or the Condominium. W'~out limiting the generality of'the foregoing, Buyer's rights under this Agreement will be subordinale to all mortgages (and ali modifications made to those mortgacjes) affecting the Unit or the Condominium even if those mortgages (er modifications) are made or recorded after the date of this AgreemenL 6. Existinq Imprqvements and Other Maltors. Because the Unit and the Condominium ate substantially · complete as of the date Buyer signs this Agreement, Buyer acknowledges and agrees that Buyer has inspected the Unit and the Condominium spedficatiy tO examine the-dimensions of the Unit (to assure lhat Buyer's vessel will not extend outside the boundaries of the Unit) and .to examine the dimensions of the Common Element waterways [and has had the opportenify to examine the plans and specifmations (including.all changes thereto to date) for the Unit and Condominium, all of which are located in Seller's offices] and, by signing this Agreement, Buyer agrees to accept the Unit and the Condominium in ~ 'AS IS, WHERE-IS' cenditJon, subject t(~ the provisions of paragraph 6 below. This means that Buyer has no claim against Seller for any matters Buyer discovered (or should have dL~cevered) when Buyer inspected or had lhe opportunity to inspect) lhe Unit and Condominium (_and the plans, specir~-ations and changes therefor). Without limiting the generality of. the feregoing, Buyer a~edges.that Seller h~mquested Buyer to inspect the coadi'a3n of the Un'~ generally, and at that t~me also to make Buyer's own specific detonninatibes as to Ihe area and dimensions of ~ Unit and its Umited Common Elements, if any. Buyer recegn'tzes that, during cdr~lmction, Seller may have modified and adjusted plans and spedrmatlons for the improvements te the Condominium to reftect Ongoing, 'in the field' consb'uctJon needs. Because certain changes made to the plans and specifications did not have to be ti.led w~!h the governmental auth~ties at ali, Buyer acknowledges and agrees that the plans and spedf~ations for lhe Unlt and the Condo'm~ntum on file with appticabta governmental authorities may not be identical to those current plans and specifications available for inspection in Seller's office. In light of this, before Buyer is entitled to assume any infermatJon available fro/n the governmental authorities in regard to plans and spedrmations on file with them is correct, Buyer must first consult Seller's copy of.the plans and specifications (inducting all applicable change orders and revisions), Sellers copy being the only one on Which Buyer may rely. The provisions of this paragraph 6 te'll continue te be effec~ve alter {survive) dosing. Nothing in this paragraph 6 shall · affect Buyers rights, if any, under Florida Statutes, Section 718.203. 7. I. nspeclke Rior to Closi~. Buya' recegnizes that at the lime of closing, the Unit wJti be prepored for use but that Seller may still be in the process of .compleling the tinishing details and landscaping of other property within the Condominium. Buyer agrees that this te'ti not ~ grounds for defen~g the dosing, nor for imposing any conditions on dosing. NO ESCROWS OR HOLOBACI(S OF CLOSING FUNOS WILL BE PERMITTED. Buyer tell be given .an oPP°rtun~ I:abr to dOsing, on the date and at the ~ scheduled by Seller, to inspect the Unit with Sellers represen, talive. At thai time, Buyer will ~ an inspection statement listing any defects in workmanship or materials .(o~ty within the boundaries of the UniL itself) which Buyer discovers. If any item listed is actually defective thIworkmanship er Agreement the market for Buyer, has spent money on sales, advertising, promotion and construction and has incurred other costs inddent to this sale, Buyer's default will damage Seller. As compensation for this damage, in the event Seller cancels this Agreement because of Buyer's default, Buyer authorizes Seller to keep (or if not then paid by Buyer, Buyer will pay to Seller) all deposits and other pre-dosing advance payments (indoding, without limitation, those on options, ex'bas, upgrades and the like) Bwer has theu made (and which would have been required to have been made had Buyer not defaulted) and all interest which was, or would have been, earned on them, all as liquidated damages '{and not as a penalty). Buyer and Seller:agree to this because there is no other precise melhod of determining Seller's damages. Seller will also have the right to specifically enforce this Agreement, but will not sue Buyer for any other,damages. If Buyer defaults, Buyer promises not to sue for the return of any pad of Buyers deposits or other payments. Any damage or loss that occurs to the Property wh~e Buyer is in default will not affect Sell~s dght to liquidated damages. The remedies afforded Seller in this paragraph as a result of a default by Buyer constitute Seller's sole and exclusive remedies. If Seller defaults under this Agreement, Buyer will 9ire Seller ten (10) days' notice of it and if Seller has not cured the default within such pedod, Buyer will have such rights as may.be available in equity and/or under apprmable law. This paragraph w~ll survive (continue to be effeclNe after) dosing. 13. Litiflation. In the event of any liUgation between the parties under this Agreement, the prevallin9 party shall be entilJed to reasonable attorney's, paralegal's and para~professionars fees and court costs at all lriai and appellate levels. This paragraph will survive (continue to be effective alter) any termination of this Agreement, but shall othen~ise be deemed merged into the deed at closing. 14. M~intenance Fee. Buyer understands and agrees that the Estimated Operating Budgets for the Condominium Association and the Master Association (the 'Budgets') contained in the Condominium Documents provide only an estimate of what it will cost to run the Associations during the pe~k3d of time stated in the Budgets. The monthly assessments for the Unit are guaranteed, if at all, in the manner stated in the Condom. inium Documents. The Budgets themselves, however, as opposed to the levels of assessments payable to the Condominium Association, are not guaranteed to accurately predict actual expenditures. Changes in the applicable Budgets may be made at any time to cover increases or decreases in actual expenses or in estimates. It is intended that the Seller, as the sole Unit Owner upon the formation of the Condominium, will vote not to provide any reserves for the initial year of the Condominium Association. Thereafter, on an annual bas'm, a majority of the Condominium AssodaUon's members may vote to continue not to provide any reserves. If an elecfian is in fact made to waive reserves, the assessments per unit payable to the Condominium Association will be as set forth in the Estimatnd Operating Budget as 'Assessments per Unit - Without Reserves'. ff no such election is made, the assessments per Unit pay.able to the Condominium Assodaiian will be as set forth in the Estimated Operating Budget as 'Assessments per Unit- With Reserves'. 15. Condominium Assodation and Master Association. This Agreement is also Buyer's application for membership in the Condominium Association and the Master Assedatien, which memberships shall automatically take effect at dosing. At that time, Buyer agrees to accept the liabilities and'obligations of membership. 16. Seller's Use of the Condominium Property. As long as Seller owns a unit or units or any other portion of The Properties or the Future Development Property, it and its agents can keep offices and model apartments within the Condominium Properly, Association Properly or The Properties. Seller's salespeople can show these units, erect advertisincj signs and de whatever else is necessary in Seller's opinion to help sell or lease Units, Lots or 'units' or other portiens of any imPrOvements to be constructed upon The Properties or the Fature Development Property or develop and manage the CondominiumPmpedy, Association Property or other portions of The Properties or the Futura Devetopment Propen'y, but Seflm's use of said properties must be reasonable, in Seller's opinion, and can't unreasonably interfere, in Seller's opinion, with Buyer's use and enjoyment of the Unit. This paragraph will survive (continue to be elfestive after) dosing. 17. Sales Commisslens. Seller will pay all'sales com~ssions due any exclusive broker retained by it, any in-house sales personnel and the co-broker, if any, idenbTmd on the last page of this Agreement (if such space is left blank, it sh~ mean that Seller has not agreed to pay any co-broker and that B~ represents that there is no co-broker who can claim by, through or under Buyer), provided that such co-broker has properly registered with Seller as a padicipafing co-broker. By signing this Agreement, Buyer is representing and warranting to Sel~ that Buyer has not co~sulted or dealt with any broker, salesperson, agent or finder other than' Seller's sales persannei (and the co-I:woker, if any, named an the last page of this Agreement), nor has the sale been procured by any real estate broker, salespemee, egent or finder other than Seller's sales personnel (and the co-broker, if any, named on the last pege of this Agreement). Buyer will indemnify and hold Seger hamdass for and from any such person or company claiming othenvise. Buyer's indemnity and agreement to hold Seller hamdess includes, without limitaUon, Buyer's obtigaUen to pay or reimburse Seller for all commissions, damegee and other sums for which Seller may be held gable and all attorneys' fees and cou~ costs actually in(un'ed by Seller (including those for appeals), regardless of whether a lawsuit(s) is actually brought or whether Seller utiimately wins or loses. This paragraph will survive (continue to be eflec~ve after) dosing. 18. Notices. Whenever Buyer is required m' desire~ to give notice to Seller, t~e notice mu~t be in writing and it must be sent certified mail, postage prepaid, with a return receipt requested to Seller ~t 2828 Coral Way, PH Suite, Miami, Florida 33145, Attn: Marina Village Project Manager, or such other address a~ Seller may othe~-wi~e direct. Notwithstandin9 the tomgoing, Buyer's noUce to cancel pumuant to Paregra~ 24 below, may be made in any manna' permitted under the Interstate Land Sales, Full Disdosere Act and the regulations promulgated thereunder. Unless this Agreement states other methods of giving notices, whenever Seller is required or desires to give notice to Buyer, the notice must be given either in person, by telephone or in wrl6ng and, If in writing, it must be sent eider bT. (i) cedified mail, postage prepaid, with a return receipt requeeled (unless sent outside of the United Stales, in which event written no6ces to Buyer may .be .sent by .r. egul.ar air m.a~.); {',.') fac~...'mile ~ if Buyer has indicated a teiecopy number en Page I of this Agreement tan,ess a om~ provided, m writing, by Buyer, or Buyer. s representative); or (iH-) a recognized ovem?!]~::ou../././././.~ Agreement - 6 - Additionally, inasmuch as the Commercial Lots and/or Commercial Units may attract customers, pal~ons and/or guests who am not members of the Associa~on or the Master Association, such additional traffic over and upon the Common Elements and Common Areas shall not be deemed a nuisance hereunder. 27. Disclaimer of Implied Warranties. All manufacturers' warranties will be passed through to Buyer at dosing. At dosing, Buyer will receive the statutory warranties imposed by the Florida Condominium Act. To the maximum extent lawful, all implied warranties of fitness for a particular purpose, merchantability and habitability, all warranties imposed by statute (except only those imposed by the Florida Condominium Act to the extent they cannot be disclaimed and to the extent they have not expired by their terms) and all other implied or express warranties of any Idnd or character ara specifically disclaimed. Without limiting the generality of the foregoing, Seller hereby disclaims any and all express or implied warranties as to design, construction, view, Sound and/or odor transmission, furnishing and equipping of the Condominium Property, the existence of molds, mildew, spores, fungi and/or other toxins within the Condominium Property, except only those set forth in section 7fil.203 of the Act, to the extent applicable and to the extent that same have not expired by their terms. Seller has not given and Buyer has not relied on or bargained for any such warranties. As to any implied warranty which cannot be disclaimed entirely, all secondary, incidental and consequential damages are specifically excluded and disclaimed (claims for such secondary, incidental and consequential damages being clearly unavailable in the case of implied warranties which ara disclaimed entirely above). This paragraph will survive (continue to be effective after) closing. 28. Return of Condominium Documents. If this Agreement is canceled for any reason, Buyer wit{ return to Seller all of the Condominium Documents delivered to him in the same condition received, reasonable wear and tear excepted. If Buyer fails to return the Condominium Documents, Buyer agrees to pay Seller $50.00 to defray the costs of preparation, printing and delivery of same. 29. Survival. Only those provisions and disclaimers in this Agreement which specifically state that they shall have effect after dosing will survive (continue to be effective after) dosing and delivery of the deed. ~ other provisions shall be deemed merged into the deed. 30. Substantial Completion. Whenever this Agreement requires Seller to complete or substanUally complele an item of construction, that item v~l be understood to be complete or substantially complete when so complete or substanUaliy complete in Seller's opinion. Notwithstanding the foregoing, however, the Unit will not be considered complete or substantially complete for purposes of this Agreement unless the Unit is physically usable for the purpose for which the Unit wes purchased. The Unit will be conslderad so useable if the Unit is ready for occupancy and has all necessary and customary utilities extended to iL Other units (and other podions of the Condominium) may not necess~ly be so complete and useable. 31. Disclosures. Under the laws of the State of Florida, Buyer is hereby edvised as fallows: RADON GAS: Radon is a naturally occurring radioactive ges that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in busings in Florida. Additional information regarding radon and radon testing may be obtained from your county health deparlment The foregoing notice is provided in order to comply with state law and is for informational purposes only. Setier does not conduct radon testing with respect to the Units or the Condominium, and spedfically disclaims any and all representations or warranties as to the absence of radon gas or radon produdng conditions in connection with the Condominium. 32. Representations. Buyer acknowledges, warrants, represents and agrees that this Agreemenl is being entered into by Buyer without roi'ronco upon any representations concerning any potential for future profit, any future appredation in value, any rental income potential, tax advantages, depreciation or invasiment potential and without reliance upon any monetary or finandal advenlage. Buyer acknowledges and agrees that no such raprasantalfuns, including representations as to the ability or willingness of Seller or ils affiliates to assisl Buyer in renting or selling the Unit, have been made by Seller, or any of its agents, employees or representatives. Buyer further represents and wan'ants to Seller that Buyer is entering into this Agreement with the full intention of complying will) each and every of the obligations hereunder, including, without limitation, the obr~gation Io close on [he purchase of the UniL Neither Seller, nor enyene working by, through or under Seller, has made any statement or suggestion that Buyer would not be obligated to fully comply with the terms of this Agreement and to dose on the purchase of the UniL Further, Buyer understands and agrees that neithor Seller, nor any brckerage company, in-house sales personnel and/or other persons working by, through or under Seller, are under any obligation whatsoever to assist Buyer with any resale of the Unit. This Agreement contains the entire understancrmg between Buyer and Seller, and Buyer hereby acknowledges that the displays, architectural models, a~ist renderings and other promotional materials contained in the sales office and model suite are for promotional puq)oses only and may not be relied upon. Buyer wa~anta that Buyer has not relied upon any verbal representations, adve~sin9, portrayals or promises other than as expressly contained herein and in the Condominium Documents, including, specifically, but without limRatinn, any representations as to: (al potential appreciation in or resale value of the Unit, {b) traffic conditions in, near or around the Condominium, (c) distorbance from nearby properties, or {d) disturbanco from air or vehicular traffic. ~ pro,~'.,,iees of this Sec6on shall survive the dosing. 33. Miscellaneous. The explanations, definitions, disclaimers and other pmv'~3ns set fodh in the Condominium Documents are inooq~orated into this Agreement as if repeated al length here. When the words 'this Agreement' are used, they shall include in their meaning all modifications, riders and addenda to it s'mj~ed by Buyer and Seller. Buyer acknowledges that the prima7 inducement for him to purchase under this Agreement is the Un'~ itseit, and not the recmalkeal amenities and other Common Elements. Seller's waiver of any of its rights or remedies (which can only occur if Seller waives any right er remedy in writing) will not waive any olher of Seller's rights or remedies or prevent Seller from later enforcing all of Seller's rightS and remedies under other circumstances. , / ,,,,,-')-/ ~URl BRESSNER Agreement ~ll~ ~AANAGE~ -8- BOTNION BEACh, ~t 34. Entire Aqreemenl This Agreement is the eh§re contract for sale and purchase of the Unit and once it is signed, it can only be amended by a wdlten inslrdment signed by the party against whom enforcement is sought which specifically states tha! it is amending this AgreemenL Any current or prior agreements, representations, understandings or oral statements of sales representatives or others, if not expressed in this Agreement, the Condominium Documents or in brochures for the Condominium, are void and have no effect. Buyer has not relied on them. GENERAL INFORMATION: Co-Broker. (See paragraph 17 above; if this space is left blank, it shall mean that Seller has not agreed to pay any co.broker) Esamated Closing Date: ,20_ (See paragraph 9 above) Name: EURI BRESSNER CIIY N~ANAGER BOYNION BEACH, FL Name: Dale o! Signature: SELLER: TRG-Boynton Beach, Ltd., a Florida limited partnership Aulhorized Representalfve Date of Acceptance: ,~dreement RECEIPT FOR CONDOMINIUM DOCUMENTS The undersigned acknowledges that the documents checked below have been received or, as to plans and specifications, made available for inspection: Name of Condominium: MARINA VILLAGE AT BOYNTON BEACH MARINA CONDOMINIUM Address of Condominium: 743 NE 1~ Avenue, Boynton Beach, Florida 33435 Place a check in the column by each document received or, for the plans and specifications, made available for inspection. If an item does not apply, place "N/A' in the column. Document Received ,B,¥ ,N, te ,m, afiv,e Media Declaration of Condominium ,/ N/A A~ticles of Incorporation ,/ N/A Bylaws _ v' N/A .. Estimated Operating Budget ,/ N/A Form of Agreement for Sale or Lease ~' , N/A Rules and Regulations ," N/A Covenants and Reslrictions v" N/A Plot Plan ~' N/A Survey of Land and Graphic Description of: / N/A Improvements __ _ Evidence of Interest in the Condominium Property ," N/A Executed Escrow Agreement . ~' N./A Executed this ~ day of ,200__. Purchaser or Lessee KURI BRESSNER Cll'¥ MANAGER BO~NI'ON BEACH. FL Name: MARINA VILLAGE AT BOYNTON BEACH MARINA CONDOMINIUM PURCHASE AGREEMENT ORAL REPRESENTATIONS CAI~NOT BE RELIED UPON AS CORRECTLY STATING THE REPRESENTATIONS OF THE DEVELOPER. In this Agreement, the term "Buyer" and/or "Purchaser' means or refers to the buyer or buyers listed below who have signed this Agreement. The word 'Seller" and/or "Developer' means or refers to TRG-Boynton Beach, Ltd., a Florida limited partnership. If the first letter of a word is capitalized in this Agreement, that word will have the meaning given to it in this Agreement or in the Declaration (as defined in paragraph 1 of this Agreement). County: Z pCode: Home Phone: Office Phone: Tax ID No.: Fax. No. E-Mail Address: Cellular Phone 1. Purchas~ and Sal.e. Buy.er agrees to buy, and Seller agrees to sell (on the terrns and conditions contained in this Agreement), Marina Slip No. ~""~ .' (the 'Unit') in the proposed MARINA VILLAGE AT BOYNTON BEACH MARINA CONDOMINIUM (the "Condominium"). The Unit and the Condominium are described in greater de~l in lhe proposed j. Dedarafion of Condominium (the "Declaration") establishing the Condominium. A copy of the Declaration is included in the I binder of documents delivered to Buyer (the 'Condominium Documents") and Buyer acknowledges receip~,of the Condominium Documents on the date Buyer signed this Agreement The total purchase price for the Unit is $ ~1~/, eo (the "Purchase Price"). 2. Payment of the Purchase Pdce. Buyer agrees to make the following payments against the Purchase Price: ~ ' Payment Due Date Amount Application of Reservation Upon execution of Deposit (if applicable) this Agreement $ Initial deposit Upon execul~on of this Agreement $ Balance of Initial 10% Deposit Deposit $ Additional Deposit $ Additional Balance CIo~ing $ /, ~ . Deposits may be made by personal check (subject to clearance). The balance due at closing must be paid by either cashier's check or by wire transfer of federal funds only. All payments must be made in United States funds and all checks must be payable on a bank located in the Continental United States. If Buyer fails to pay any deposit on time, and Seller agrees to accept it on a later date (which Seller is not obligated to do), Buyer will pay a late funding charge equal to interest on such deposit at the then applicable highest lawful rate from the date due until the date received and cleared by Seller. Buyer also agrees to pay all costs and other sums required to be paid by Buyer in this Agreement {which are more particularly described in paragraph 10 below). 3. How Buyer Pays. Buyer understands and agrees that Buyer will be obligated to pay 'all cash" at dosing. This Agreement and Buyer's obligations under this Agreement to purchase the Unit will not depend on whether or not Buyer qualifies for or obtains a mortgage from any lender. Buyer will be solely responsible for making Buyer's own finandal arrangements. Seller agrees, however, to cooperate with any lender Buyer chooses and to coordinate dosing with such lender, if, but only if, such lender meets Seller's closing schedule and pays Seller the proceeds of its mortgage at dosing, in the event that lender does not pay Seller these proceeds at closing, and if Seller allows same (which~er will KURT BRESSNE~ Cllt' N~ANAGER BOYNION BEACH, FL not be allowed to take pOSsession of th~ Unit ~ntil Seller~actually receives the funds and lhey have cleared: Notwithstanding any c{ooperation p~oVa:fed by Selle[~ nothing herein shall be deemed to qualify or otherwise condi§on Buyer's obligation to dose 'all cash' on' the pt~rchase of the UniL Afth°Ugh Seller does nol have to dO so, if Seller. agrees to delay closing until Buyer's lender is ready, or to.wait:for funding fi.om Buyer's iohdor until after dosing', or to accept a portion of the sums due at dosing in the form of a personal check, Buyer agrees to pay Seller. a late funding charge equal to interest, al the then highest applicable lawful rate on all finds due Seller Which have not then been 15ald to Sell,~r (and, with :regard to personal checks, which have not lhen cleared) from the date Seller originally-schedUled dosidg to the 'dhta of actual payment (and, with regard to pemonal checks, to the date of final clearance). This late funding charge may be estimated and charged by Seller al dosing. Seller's estimate will be a~usted after dosing based on actua. I funding and clearance dates upon either Seller's or Buyer's written request. In the event that Seller does not receive imrt~cliataly cleared funds at dosing, Buyer will not be allowed to take possession of the Unit, until Seller actually receives the funds and they have cleared. Without limiting the generalily 'of-paragraph 29 of this Agreement, the foregoing sentence will sprvive.(continue to be effective after) dosing. 4. Deposits. Except as permitted below or by' the provisions of lhe Flodda Condominium Act, all of Buyer's deposits will be held in e:~crow by Chicago Title ~nsurance Company ('Escrow Agent"), with offices at 2701 Gateway Drive, Pompano Beach, Flodda 33069, in accordance With the escrow agreement contained in the Condominium Documents. The escrow agreement is incoq:~rated into this Agreement as if repeated at length here, and Buyer agrees that the deposits may be held in any depOsitory which meels the requirements of the Act, indeding; without limitation, a financial institution chartered and Iocaled oul of the State of Florida. If Buyer so requests, Buyer may obtain a receipt for Buyer's deposits from the Escrow Agent. Seller may change escrow agents (as long as the new escrow agent is authorized to be an escrow agent under applicable Flodda law), in which case Buyer's deposits (and any interest actually earned on them) may be transferred to the new escrow agent al Seller's direction.' At dosing, all deposits not previously disbursed to Seller will be re[eased to Seller. Except where expressly provided herein to the contrary or otherwise required by law, all interest earned on Buyer's deposits shall accrue solely :to the benefit of Seller; and shall riot be credited against the purchase price of the Unit. No interest will be assumed to be earned, unless, in'fact said sums are invested in an interest bearing account and'do in fact earn interest. 5. ' · :Seller's~ Financing. Seller may borrow money from lenders for the acquisition, development and/or construction .of the' Condominium.. Buyer agrees, that any lender advandng funds for Seller's use in connection with the Condominium will. have a prior mortgage on the Unit and the Condominium until closing. At dosing, Seller shall cause the then applicable.mortgages to be' released and may use Buyer's dosing proceeds for such purpose: Neither this Agreement, nor Buyer's paymant~ of deposits; will g'we Buyer-any lien or claim against the Unit or the Condominium. Without limiting the · generality of the foregoing, Buyer's rights'under this'Agreement will be Subordinate to all mortgages (and all modi§callons made to these mortgages) affecting the Unit or the Condominiu~ even if those mortgages {or modifications)'are made or recorded after the date of this Agreement. 6.- Existinq Improvements .and Other Matters. Because the Unit and the Condominium are substantially complete as of the .date Buyer Signs this Agreement, Buyer acknowledges: and agrees that Buyer has inspected the Unit and the .~ · Condominium specifically to examine the dimensions of the Unit (lo assure that Buyer's vessel will not extend outside the . boundaries of the Unit) and to examine the dime. ns{0ns of .the Common Element waterways [and has had the opportunity to examine th.eplans and spedfications (!ndqding :all (;hanges .thereto to date) for the Unit and Condominium, all of which are Ioc~tad in. Seller's offices] a~d, by signing this Agree;ment, Buyer agrees to accept the Unit and the Condominium in their 'AS iS, WHERE-IS" condition, subject to'the provisions of paragraph 6 below. This means that Buyer has no claim against Sel~ for.any realtors Buyer discovered (or should have discovered) when Buyer inspected or had Ihe oppOrtunity 1o inspect) the Unit and Condominium (apd the plans, specitica~ons and changes therefor). Without limi6ng the generality of the .foregoing, Buyer ackn. owledges that Sel!er has. r~:luested Buyer to inspect the condition, of the Unit, generally, and at lhat time also to make Buyer's oW~ Sl~Cific determ[nations'a~'t~ th~ ai'e~ and dimensions of the Unit and its U~ited Common Elements if any. ". i Buyer recognizes 'that, :~dog construction Seller may' have modified and adjusted plans and specifications for the ' improvements to the Condominium'to refibct ongoing, 'in the field'.:censimction needs. Because certain changes made to the ' pla~s'and specifica~ns did not h. ave fo.be fiJed with the. gqverome.ntal authorities at all, Buyer acknowledges and agrees that the plans and specifications for the unit and the Contiominium :on file~th applicable govemmantal autho~ties may not be identical to those current plans and specificefions a~yailable for inspection in Seller's office. In light of this, before Buyer is entitled to assume any information available ftom'the('govemmental authorities in regard to plans and specifications on file with them is correct, Buyer must first consUlt. Seller'S boPy'of the plans and spedficatJons (including all applical~le change orders and revisions), Seller's'copY being the Only one On Which Buyer may rely. The provisions of thi~ paragraph 6 will. confinue l~) be effective after (survive) dosing. Nothing in this paragraph 6 shall affect Buyer's rights; if any, uhder Fl~)rida Statutes, Section 718.203. 7. InsPection P~ to.Closinq; Buyer recognizes that at the time of dosing, the Unit will be prepared for use but that Seller'may still, be in the process of completing the finishing details, and landscaping of other.property within the : Condominium. Buyer agrees ~'at this will ~t be grounds for defen'ing the Closing, nor for imposing any conditions on dosing. NO;ESCROWS OR HOLDBACKS OF CLOSING FUNDS WILL. BE PERMITTED. i Buyer Will. be given an ~nity prior.to do;lng, on the date and at the time scheduled by Seller, to inspect the Unit with Selta~s representative. At thai time, Buyer will sign an inspection statement listing any defects in workmanship or materials (only within the'boUndaries o! the UniL itself) which ,Buyer discovers. If any item listed is actually defective in wori~ns~hip or ~UR~ BRESSNER Agreement CI'[Y MANAGER -2- BOYNTON BEACH, FL Shall be under no obligation whatsoever to take any correcllve; action with respect to samel and fille to the Unit shall be conveyed subject to same. 'Buyer agrees to accept the following two' (2) dOCUments as proof that Buyers §~e is as represented above: (a) A wriffen commilmenC whether provided by Sellers dosing agent or othenvise, from a lille i~surance company licensed in Florida agreeing to iss~ue a policy insuring lille or the policy itself. ,This .corn .m. !lmeet'(or policy) shall list any excerptions to ll~: Permitted exc?ttonS (exceptions which Buyer agrees to take lille subject to) are: (i) ' Liability for all taxes or asseSSments affecllng the unit sta~ng the year Buyer receives lille and conllnuiag ... .thereafter; : All laWS; and all resbiclions~ covenants, conditionS, limitations, agreements; raservallons and easements reCOrded in the publiC recerds; which may, include; withou! limitallon, ..zoning reslriclions, property use limitat~:~ns and obligations, easements (dghtsmf-way) and agreements relallng to telephone lines, water and sewer lines and other= utilities; provided, hOwever, that none of such matters shall impair the markatabir~y of title; (iii) The rasbictions, covenants, COndillons, ~asemonts, terms and other provisions imposed by the documents contained or referred to in the Co~dominium Documertts (and any other documents which Seller, in its sole diSCretion, believes to be necessary o? appropriate) which are recorded, now or at any time after the date of ~ this Agreement, in thb public records; · ' : (iv) The rasl~ictions, covenants, terms and other provisions contained in the Oederalion of Covenants, Res~cllon~ and Easements for the Marina V'dlage at Buynton Beach recorded, or to be recorded, in the Public Records of. Palm Beach County, FloddaI as amended and suppiemented from lime to lime (the 'Mas~ Covenants') and/or .in the Nlides of Incorporation, By-Laws and/or Rules and Rugnlallons of the Marina Village at Buynton Beach Master Association; Inc. (the 'Master Association'); (v) Rights of ingress and egress over and across any and all roads and/or sidewalks contained within The Properties. ' ~(vi) pending governmental liens 'as.of closing (Seller will be responsible, however, for cedified g°Vemmunta! liens or Special assessment liens as of dosing, Provided, however, that to the extent that any such ce/lifted liens are'payable in installmants~ Seller shall Only'be responsib~ for those installments iJue p~x' ~o:cloS!ng, . and Buyer I~ereby assumes· all installments coming due after closing); (vi~ All standard printed survey exceptions contained in an ALTA'Owner's lille inSUrance policy issued in ~alm Beach County, Florida (the 'gap excoptions, and standard excepllons for parlles in possession, and . construction liens shall be deleted at dosing or otherwise insured Over);. . standard exceptions for'Water-front property and alJllcially filled-in property which once was in navigable ' Waters and all otherstandard~exceptions for similar property; and . (ix) Any matters not listed above as long as affirmative titte insurance is given for these matters. (b) A Special Warranty Deed..At dOsing, Seller promises to give Buyer a special warranty deed to the Un[' The sPecial warranty, deed .will be subject to (that is, contain exceptions for) all of the matters described.above and 'laxas as ·. Buyer will aso receiVe-at dosing Sellers fo~n of own~s (,no lien') alfldavit, closing ac~t, and-FIRPTA (non- foreign) aifidavit and an assignmen{ of the exclusive use of a parking space. Wl~on Buyer mceivas the special wan'anty deaf at dosing, Buyer will sign.a dosing agreement and all papers that Seller deems reasonably necassayor appropriate. If Seller cannot provide the quality of title dascfibecLabove, Seller will have a reasonable period of lime (at least sixty ~ (60i days) {~' coffect any.defects,in.ti*fie bu~ Seller is not ol~gatad to do so. If Seller cannot, alter making reasonable efforts to' ti5 so (which shatl.not require the bringing of lawsuits .or the payment or satisfaction of involontary liens or judgnents) to correct the title defers, Buyer will have two options.: . · : ' a." B~Yer~can pt lllle'i~t the.condition Seller offers it (with defects) and pay the full purchase price 'for the Unit with ex.~tions for ~uch lille matters to be contained in the special warranty deed for the Unit. Buyer will · not make any claims against Seller .because of the defects; or · b. BuYer:can cancel' this Ag~'eement and receive a full refund of Buyer's deposits. Seller will be relieved of all obtigations under this Agreement (and otherwise) when Seller refunds the deposits to Buyer'. ~ ' At the same lime Buyer receives.the special wemanty~deed, Buyer agrees to pay the balance d the purchase price and anyaddillonal amounts owed under, this Agra, m~ant. Un~l alisums have been received and cleared Seller will be enlllled to a vendor's'tien on the Unit :(which Buyer v~'ll grant*th Seller. in wfilirig bt dosing at Se le~'s request or therealter) 10. COsts and Fees. Buyer, unders~mds and agrees that, in addi'don to lha purchase price for lhe Unit, Buyer must pay certain other fees and costs when the lille is delivered to Buyer at closing These include: .~URI BRESSNER CITY MANAGER Agreemen]~O'fN.'~ON BEACH, i:L "' the market for Buyer, has spent money on sa(es, adve~sing, promotion and cons~ctien and has incurred o{her costs incident to this sale, Buyer's default will damage Seller. As compensation for this damage, in Ihe event Seller cancels this Agreement bec3uso of Buyer's default, Buyer autho~es Seller to keep (or if not then paid by Buyer, Buyer will pay to Seller) all deposits and other pre-dosing advance payments (including, without llm~tion, those on opllens, exlms, upgrades and the like) Buyer has then made (and which would have been required to have t~n made had Buyer not defaulted) and all intomst which ~ras, or would have been, earned on them, all as liquidated damages (and not as a penalty). Buyer and Seller agree to this because there is no other predse method of detaminin9 Seller's damages. Seller will also have the right to specificelly e~foroe this Agreement, but will not sue Buyer for any other damages. I[ Buyer defaults, Buyer promises not to sue for the return of any part of Buyer's deposits Or other payments. Ann'.damage or loss that °CCUm to the Pmpe~ while Buyer is ~ default w~l not affect Seller's dght to liquidated damages. The remedies afforded Seller in this paragraph as a result of a default by Buyer censlitute Seller's sole and exciusive remedies. If Seller defaults under this Agreement, Buyer will give Seller ten (!0) daYs' notice of it and if Seller has not COred the default within such pedod, Buyer will have such rights as may be available in equity and/or under applicable law. This paragraph 'will survive (continue to .be effective after) closing. 13. Utiqation. In the event of any litigatien between the parties under this Agreement, the prevailing party shall be entil~ed to reasonable attorney's, paralegal's and para-pmfassienars fees and court costs at all lfial and appellate levels. This paragraph will survive (continue to be effective after) any termination of this Agreement, but shall otherwise be deemed merged into the deed at closing. 14. Maintenance Fee. Buyer understands and agrees that the Estimated Operating Budgets for the Condominium Association end the Master Assodation (the 'Budgets') contained in the Condominium Documents provide only an estimate of what it will cost to mn the Associations during the period of lime stated in the Budgets. The monthly assessments for the Unit are guaranteed, if at all, in the manner stated in the Condom;~nium Documents. The Budgets themselves, however, as opposed to the levels of assessments payable to the Condominium Assodation, are not guaranteed to accurately precr~ actual expenditures. Changes in the applicable Budgets may be m~le at any time to cover increases or decmaees in actual expenses or in estimates. It is intended that the Seller, as the so~e Unit Owner upon the formation of the Condominium, will vote not to provide any reserves for the initial year of the Condominium Association. Thereafter, on an annual basis, a majority of the Condominium Association's members may vote to continue not to provide any reserves. If an election is in fact made to waive reserves, the assessments per unit payable to the Condominium Association will be as set forth in the Estimated Operating Budget as 'Assessments per Unit - Without ReServes". If no such election is made, the assessments per Unit payable to the Condominium Association will be as set forth in the Estimated Operating Budget as "Assessments per Unit - W'~h Reserves'. 15. Condominium Association and Master Associatien. This Agreement is also Buyers applicatiofl for membership in the Condominium Association and the Master Association, which memberships shall automatically take effect at closing. At that time, Buyer agrees to accept the liabilities'and obligations of membership. 16. Seller's Use of the Condominium Property. As long as Seller owns a unit or units or any other portion of The Properties~or the Future Development Property. it and its agents' can keep otf~e.s and mode! epartments within the Cendomiaium Property, Association Property or The PropeRties. Sell~S' salespeople ~n show these units, erect advertising signs and do whatever else is necessary in Seller's opinion to help sell or lease Units, Lots or ~units' or other pedioas of any improvements to be constructed upon The PropeRties or the. Future Developm~t Property or develop and manage the Condominium P~operty; Association Property or other portions of The PropeRties or the Future Development Propef~, but Seller's use of said properties must be reasonable, in Seller's opinion, and can't unreasonably interfere, in Seller's opinion~ with Buyer's use and enjoyment of the Unit. This paragraph will survive (continue to be effective after) closing. 17. Sales Commissions. ,Seller will p, ay all sales commissions due any exclusive broker retained by it, any in-house sales personnel and the co-broker, if any, identified on the last page of this Agreement (if such space is left blank, it shall meen that Seller has not agreed to pay any co-broker and that Buyer represents that. there is no co-broker who can claim. by, through or under Buyer), provided that such co-broker:has properly regislered with Seller as a perticipating CO-broker. By signing {his Agreement, Buyer is representing and warranting to ~ that Buyer has not consulted or dealt with any br~ker, salesperson, agent or finder other than Seller's Sales personnel {and the CO-broker if any named on the last page o1~ this Agr~t), nor has the sale been procured by any real estate broker, salesperson, agent or finder other than Sellers sales personnel (and the co-broker, if any, named, on the last page of this Agreement). Buyer will indemnify and hold Seller harmless for end fi.om any such pemon or company claiming othen6se. Buyer's indemnity and agreamenl to hold Seller harmless includes, without limitation~ Buy~s obligation to pay or reimburse Seller for all commissions, damages and other sums for which Seller may be held llabla .and all attorneyS' fees. and court costs actually incorred by se~er {'including thosa'for appeals), regardless of whether a lawsuit(s) is actualll,/brought or whet~er Seller ultimately wins or loses. This paragraPh will survive {contit~ue to be effective after) closing. 18. Notices. Whenever Buyer is required or desires to give notice to Seller, the notice must be in writing and it must be sen{ certified mail, postage.prepaid, with a return receipt requested to Seller at 2828 Coral Way, PH Suite, Miami, Florida 33145, Att~: Marina Village Project Manager, or such other address as Seller may otherwise dimcL Notwithstanding the foregoing, Buyer's notice to cancel pursuant to Paragraph 24 below, may be made in any manner permitted under the Interstate Land Sales, Full Disclosure Act and the regulations promulgated thereunder. Unless this Agreement states other methods of giving notices, ~flenever Seller is required or desires to give notice to Buyer, the notice must be given either in person, by telephone or in writing and, if in writing,'it must be sent either by: (i) ceRtified mail, postage prepaid, with a retum receipt requested (unless sent outside of the United States, in which event wrilten notices to Buyer may be sent by regular air mall); (il) facsimile transmission if Buyer has ind'mated a telecopy number on Page 1 of this Agreement (unless a otherwise provided, in writing, by Buyer, or Buyer's representative); or ~) a recognized ove~ht courier Agreement KUR~' BRESSNER -6- CITY MANAGE~ ' ' R.~YNION BEACH, FL Additionally, inasmuch as the Comfnercial Lots and/or Commerdal Units may a~act customers, patrons and/or guests who are not members of the Association or ~e Master Association, such additional traffic over and upon the Common Elements and Common Areas shall not be deemed a nuisance hereunder. 27. Disclaimer of Implied Warranties.. All manufacturers' warranties wlil be passed through to Buyer at dosing. At dosing, Buyer will receive the statutory wa~'ranties imposed by the Florida Condominium Act To the maximum, extent lawful, all implied warranties of fRness for a particular purpose, merchantability and abll all warranties imposed by statute (except only those imposed by the Florida Condominium Act to the extent habit * ity, . ............... ~--'~ -ot ex-ired by their terms) and all other implied or express they cannot be nisctaime~ anu To me warranties of any kind or character are specifically disclaimed. Without limiting the generality of the foregoing, Seller hereby disclaims any and ali express or implied warranties as to design, construction, view, sound and/or odor transmission, furnishing and equipping of the Condominium Property, the existence of molds, mildew, spores, fungi and/or other toxins within the Condominium Propeffy, except only those set forth in section 718.203 of the Act, to the extent applicable and to the extent that same have not expired by their terms. Seller has not given and Buyer has not relied on or bargained for any such warranties. As to any implied warranty which cannot be disclaimed entirely, all secondary, incidental and consequential damages are specifically excluded and disclaimed (claims for such secondary, incidental and consequential damages being clearly unavailable in the case of implied warranties which are disclaimed entirely above). This paragraph will su~ive (continue to be effective after) dosing. 28. Return of Condominium Documents... If this Agreement is canceled for any reason, Buyer will retum to Seller all of the Condominium Documents delivered to him in the same condition received, reasonable wear and tear excepted. If Buyer fails to return the Condominium Documents, Buyer agrees to pay Seller $50.00 to defray the costs of preparation, printing and delivery of same. 29. Survival. Only those provisions and disdalmem in this Agreement which spedtically state that they shall have effect after dosing will survive {continue to be effective alter) dosing and delivery of the deed. All other provisions shall be deemed merged into the deed. 30. Substantial Completion. Whenever this Agreement requires Seller to complete or substantially complete an item of construction, that item will be understood to be complete or substantially complete when so complete or substantially complete in Seller's opinion. Notwithstanding the foregoing, however, the Unit will not be considered complete or substantially complete for purposes of this Agreement unless the Unit is physically usable for the purpose for which the Unit was purchased. The Unit will be considered so useable if the Unit iS ready for occupancy and has all necessary and customary utilities extended to il Other units (and other portions of the Condominium) may not necessarily be so complete and useable. 31. Disclosures. Under the laws of the State of Florida, Buyer is hereby advised as follows: RADON GAS: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in suftideet quanti!ies, may present health dsks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county health department. The foregoing notice is provided in order to comply with state law and is for informational purposes only. Seller does not conduct radon testing with respect to the Units or the Condominium, and specifically disclaims any and all representations or warranties as to the absence of radon gas or radon producing conditions in connection with the Condominium. 32. Representations. Buyer acknowledges, warrants, represents and agrees that this Agreement is being entered into by Buyer without reliance upon any representations concerning any potential for future profit, any tuture appreciation in value, any rental income potential, tax advantages, depreciation or investment polen~al and without reliance upon any monetary or tinanctal advantage. Buyer acknowledges and agrees that no such representations, including representations as to the ability er willingness of Seller or its affiliates to assist Buyer in renting or selling the Unit, have been made by Seller, or any of its agents, employees or representatives. Buyer further represents and warrants to Seller that Buyer is entering into this Agreement with the full intention of complying with each and every of the obligations beteunder, including, without limitatio, n~ the obligation to close on the purchase of the Unit Nellher Seller, nor anyone working by, through or under Seller, has ma(~e any statement or suggestion that Buyer would not be obligated lo fully comply with the terms of this Agreement and to dose on the purchase of the Unit Further, Buyer understands and agrees that neither Seller, nor any brokerage company, in-house sales personnel and/or other persons working by,~through or under Seller, are under any obligation whatsoever to assist Buyer with any resale of the Unit. This Agreement contains the eeti4 understanding between Buyer and Seller, and. Buyer hereby acknowledges ~at the displays, architectural models, artist renderings and other promotional materials contained m the sales office and model suite are for promotional purposes only and may not be relied upon. Buyer warrants that Buyer has not relied upon any verbal representations, advertising, portrayals or promises other than as expressly contained herein and in the Condominium Documents, including, specifically, but without limitation, any representations as to: (a) potential appreciation in or resale value of the Unit, (b) traffic conditions in, near or around the Condominium, (c) disturbance from nearby properties, or (d) disturbance from air or vehicular traffic. The provisions of this Section shall survive the closing. 33. Miscellaneous. The explanations, definitions, disclaimers and other provisions set forth in the Condominium Documents am incorporated into this Agreement as if repeated at length here. When the words 'this Agreement' ara used, they . shall include in their meaning all modifications, riders and addenda to it signed by Buyer and Seller. Buyer acknowledges that -the primary inducement for him to purchase under this Agreement is the Unit, itself, and not the recreational amenities and other Common Elements. Seller's waiver of any of its dghts or remedies (which can only occur if Seller waives any dght or.remedy in writing) will not waive any other of Seller's rights or remedies or prevent Seller from later enforcing all of Seller'sqJights and remedies under other circumstances, t Cll¥ MANAGER ~_]~ -- Agreament -8- BOYNION BEACH, FL 34. Entire AqreemenL This Agreement is the entire contract for sale and purchase of the Unit and once it is signed, it can only be amended by a wdtten instrument signed by the party against whom enforcement is sought which specifically slates that it is amending this Agreement. Any current or prior agreements, representations, understandings or oral statements of sales representatives or'others, if not expressed in this Agreement, the Condominium Documents or in brochures for the Condominium, are void and have no effect. Buyer has not relied on them. GENERAL INFORMATION: Co-Broker: ,; . {See paragraph 17 above; if this space is left blank, it shall mean that Seller has not agreed to pay~any co-broker) Estimated Closing Date: . ,20_ (See paragraph 9 above) BUYER: Name: KURT BRESSN£R CITY MANAGER R~YNTON BEACH, FL Name: Date of Signature: SELLER: TRG-Boynton Beach, Ltd., a Florida limited partnership By: Authorized Representative Date of Acceplance: Agreement -9- RECEII~T FOR CONDOMINIUM DOCUMEI~JTS The undersigned acknowledges that the documents checked below have been received or, as to plans and specifications, made available for inspection: Name of Condominium: ,~ MARINA VILLAGE AT BOYNTON BEACH MARINA ~ CONDOMINIUM Address of Condominium: 743 NE 1~ Avenue, Boynton Beach, Flodda 33435 Place a check in the column by each document received or, for the plans and specifications, made available for inspection. If an item does not apply, place 'N/A" in the column. Document Received By Alternative Media Declaration of Condominium v' N/A Articles of Incorporation v' N/A ..Bylaws v' N/A _Estimated Operating Budget v' N/A · Form of Agreement for Sale or Lease ,~ N/A Rules and Regulations '/ N/A Covenants and Restrictions "' N/A Plot Plan v~ N/A Survey of Land and Graphic Description of '/ ~ N/A Improvements Evidence of Interest in the Condominium Property v' N/A Executed Escrow Agreement ~' N/A [Documentplans and Specifications I I ReceivedNiA Executed this __ day of ,200__, KURT BRESSNER CITY MANAGER BOYNTON BEACH, FL Name: VI.-CONSENT AGENDA ITEM C.11. CITY' OF BOYNTO BE_AC! AGENDA ITEM REQUEST FO..... Requested City Commission Da~ Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to Cite Clerk's Office Meeting Dates in to Cite Clerk's Office [] April 6, 2004 March 15, 2004 (Noon.) [] June 1, 2004 May 17, 2004 (Noon) [] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 3 i, 2004 (Noon) [] May 4, 2004 April 19, 2004 (Noon) [] July 6, 2004 June 14, 2004 (Noon) [] May 18, 2004 May 3, 2004 (Noon) [] July 20, 2004 July 5, 2004 (Noon) [] AdminisUative [] 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 Task Order #1 to the firm of Brown and Caldwell to provide Interim Utilities Director services for a period of at least 20 weeks at an estimated cost of $128,000. EXPLANATION: The recent or scheduled departure of two Deputy Utility Directors due to the early retirement incentive program and the aggressive capital improvement program warrant a return to a more conventional management system with the Utility Department supervised and managed by a licensed professional engineer with specific experience in environmental or ufilty engineering. On an interim basis, a task order contract with the firm of Brown and Caldwell is recommended to perform utility management services and evaluate the current and future utility expansion program. The firm will also assist the City Manager with the recruitment of a Utility Director possessing the necessary professional engineering background and experience to guide an excellent utility system through the next stage of expansion. PROGRAM IMPACT: The change in the operation will, in the view of the City Manager, enhance the depth of the management structure of the Utilities Department and serve to maintain excellent services, while re-introducing on-site engineering management. The City is projected to spend in excess of $100 M in utility related construction projects in the next five to seven years. FISCAL IMPACT: As noted above the estimated cost will be $128,000 for a 20 week engagement. Funds are available through deferred hiring of utility management staff and other professional services accounts. ALTERNATIVES: Do not authorize thc task order and retain the current s~ucture of the Utility management system of three deputy directors. Department Head's Signature '- Cit~ Manager's Signature Department Name City Attorney / Finance / Human Resources 1 RESOLUTION NO. R04- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AUTHORIZING EXECUTION OF TASK 5 ORDER NO. 1 TO THE FIRM OF BROWN AND 6 CALDWELL TO PROVIDE INTERIM UTILITIES 7 DIRECTOR SERVICES FOR A PERIOD OF AT I.EAST 20 8 WEEKS AT AN ESTIMATED COST OF $128,000; AND 9 PROVIDING AN EFFECTIVE DATE. 10 12 WItEREAS, the recent or scheduled departure of two Deputy Utility Directors due to 13 the early retirement incentive program and the aggressive capital improvement program 14 warrant a return to a more conventional management system with the Utility Department 15 supervised and managed by a licensed professional engineer with specific experience in 16 environmental or utility engineering; and; 17 WHEREAS, the City Commission, upon staff's recommendation, has deemed it 18 appropriate and in the best interests of the public to approve Task Order No. 1 with Brown 19 and Caldwell to provide Interim Utilities Director services for a period of at least 20 weeks at 20 an estimated cost of $128,000.00; 21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 22 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 23 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 24 being true and correct and are hereby made a specific part of this Resolution upon adoption 25 hereof. 26 Section 2. The City Commission of the City of Boynton Beach, Florida does 27 hereby authorize and direct the approval and execution of Task Order No. 1 to Brown and 28 Caldwell to provide Interim Utilities Director services for a period of at least 20 weeks at an S:\CA~:{ESOV~reernerffs\Task - Change Orders~Brown and CaJdwell,doc estimated cost of $128,000. 2 Section 3. This Resolution shall become effective immediately upon passage. 3 PASSED AND ADOPTED this __ day of ,2004. 4 5 CITY OF BOYNTON BEACH, FLORIDA 6 7 8 Mayor 9 10 11 Vice Mayor 14 Commissioner 16 17 Commissioner 19 20 Commissioner 22 ATTEST: 23 24 25 City Clerk 26 S:~CA'~RESO~greements\Task - Change Orders'~Brown and Caldwel[doc Task Order No. 1 - Water And Wastewater Utility Management Services A. Background The position of Utilities Department Director for the City of Boynton Beach (City) is currently filled on a part-time basis bY the Assistant City Manager. The City desires that the position be filled on a full-time interim basis, utilizing the services of Brown and Caldwell (BC) while a search for a permanent Utilities Director is conducted. The City has requested that BC provide a scope of work to address this request for Utility Director Services for the City's Water and Wastewater Utility. The specific tasks are described be/ow in Section B, Scope of Work. The Director of Utilities is responsible for managing the day-to-day activities of the Department and responding to the needs of the City Manager. The following are specific examples of the skills to be provided: · Planning skills and management techniques, as they relate to public utilities · Applying the principles, practices, and procedures of public and business administration as required in a large operation. · Assisting the City in the "enterprise funding" pr.o~.ess as related to budgeting, cost accounting, financial planning and management. · Assisting the City in the "general ftmding" process utilized by local government. Communicating effective/y, orally and in writing, with the City Commission and City Manager. · Planning and directing the work of a staff of technical and clerical employees. · Maintaining effective working relationships with staff, other departments and the public. With these skills in mind, BC has compiled the following scope of work listing the duties anticipated. The duties have been separated into three tasks reflecting the categories of work required. B. Scope of Services Task 1 - General Utility Management BC will be responsible £or the following general utility management tasks, as they relate to interaction with other City Deparbnents and the general public: Professional and administrative work planning. 4P.'~GEN~91079_FLORIDA_BD~620_BOYNTONBCH~WORK_ORDER_I ~TASK_ORDER_ONE.DOC 1/4 · Directing and coordinating all utility infrastructure planning and construction, including coordination of long-range financing, negotiating with developers and working with Federal and State agencies. · Coordinating with other City Departments (Engineering, Planning, Building, Public Works, Parks and Recreation, etc.) regarding a structured program for utility extensions and construction, in compliance with City Commission policy and development trends. · Responding to customers, developers, engineers, etc., regarding complaints related to the City's Utilities Department. · Administering negotiations with developers and distributing documents to appropriate city disdplines, to include the City Manager and City Attorney. · Working in cooperation with City Manager and City Finandal Advisors, and with Federal and State agendes regarding grants and other applications In addition, BC will perform related tasks as requested by the City Manager. Task 2 - Water and Wastewater Program Administration BC will be responsible for ,the following program administration tasks, as they relate to the City's Water and Wastewater Utility Department:. · Prioritize and identify long-range water and wastewater system needs Planning and directing water and wastewater programs for the City utility service area. · Coordinating planning, design and construction phases of water and wastewater facilities · Coordinating long-ran'ge financing of water and wastewater projects with City finandal advisors. · Reviewing existing Water Utilities Depm-hi-~ent organizational processes, procedures, physical 'aspects, etc., of various tasks, to maintain efficient and effective service. In addition, BC will perform related tasks as requested by the City Manager. Task 3 - Utility Personnel AdministratiOn BC shall assist the City in the following personnel administration tasks, as it relates to the Water and Wastewater utility: · Review the existing organizational structure of the Utilities Department and provide recommendations to the City Manager regarding opportunities for improvement. · Administer the selection process for a new Utilities Director. This. will include providing a written outline of the job description to the City Manager, P:\GEI~91079_FLORIDA_BD~20_BOYNTONBCH~WOR K_ORDER_ 1\TASK_ ORDER_ONE.DOC . 2/4 · Serve on the selection committee and assist in the interview process to ensure that the City obtains the best available candidate for the position of Utilities Director. · Perform a functional analysis of Utility Department personnel and material resources to evaluate operational efficiency. In addition, BC will perform related tasks as requested by the City Manager. C. Assumptions In addition to the work items discussed above, the following assumptions were made in establishing the scope of this Task Order. Changes and/or modifications in the above work items or these assumptions are considered an Additional Services Item under the terms of the contract. Assumptions include: 1. The City will provide Consultant with a proper working environment, such as office space, furniture, communication system and staff support, in order to operate effectively. 2. No deliverables have been defined at this time, other than providing the necessary level of services required by City. Should specific deliverables be identified during the course of this agreement, they will be addressed as revisions to this Task Order. 3. BC personnel initially assigned to this project are as follows: Ronald M. Ash, P.E. for a minimum of 8 hours per week Nero Gomez, Senior Utility Engineer, 40 hours per week Other staff and/or expertise as may be required D. Contract Reference The terms and fee for services to be provided shall be in accordance with the existing signed contract agreement dated November 18, 2003 by and between the City and BC. E. Additional Services Should additional services be required, such services shall be provided to the City in subsequent task orders in accordance with the terms and conditions of the existing signed contract agreement dated November 18, 2003 by and between the City and BC. P:~GENkq1079_FLORIDA_BD~620_BOYNTONBCFRWORK_ORDE R_I~TASK_ORDER_ONE.DOC F. Compensation Compensation by the City to BC for all tasks described in this Task Order shall be on an hourly rate basis in accordance with the above mentioned existing signed Contract Agreement dated November 18, 2003 by and between the City and BC. Actual costs to include expenses will be invoiced for the amount of work actually required. APPROVED BY: CTrY OF BOYNTON BEACH, FLORIDA By: Kurt Bressner City Manager Dated this ~ day of ,2004. SUBMITrED BY: Brown and Caldwell Ronald M. Ash Vice President Dated this c~ ] day of A ~r';l ,2004. P:~GENt91079_FLO RIDA_BD~'20_BOYNTONBCI~WOR K_OR DE R_ 1),TASK_ORDER_ONE.DoC 4/4 Work Item~ Boynton Beach Utfllt~s - Five-Year FToJection_ i I West Wa~er P/ant Improvemen~ 03/04 MR 04/05 YR 05/06 YR 06/07 YR 0?/0~YR I I ~ Total ExpandlVby8MG $_ 1,180,000 $ 9,100,000 $__ ~050,000 $~_ 1,200,000 $ __ i$ 21,530,000 West Well, eld Development $ 640,000 $ 630,000 $ $ - $ ' --.I $ 1,270,000 Sub-Total $ 1,820,000 $ 9,730,000 i $ 10,050.000_ $ 1~00,000 $ ____ $ 22,800,000 East Water P/ant Convex/on i i ....... ~ -- PhaselLPROConve~ionSMGD ..... $ $00,000 $ 1,750,000 $ 15,000,000 $ 15,500,000 $ 11,000,000 i$ 43,750,00~__ Plant ConcentraleDisposal $ 200,000 $ 1,300,000 $ 3,000,000 $ _ 500,000 $ ;$ 5,000,000 5 MGO Ground $lorag® Tank $ $ 500,000 $ 1,500,000 $ $ $ 2,000,000 Sub-Total ......I; $ 700,000 i $ - 3,550,000 $ 19.500,000 J $ 16,000,000II ~ 11,000,000 ~ :$ 50,750,0OO NawRo~d.n W.~ .... I $ ~00,000 _~ 3,000,000 S 3,000,000' $ 3,000,000 i $ -- _ i $ _ 9,soo,ooo TotalWaterlmproveme~ts $ ---~,~(~0~0~) $ 16,280,000 $ 32,550,000 $ 20,200,000 $ 11,000,000 $ 83,050,000 Sewer Co//ec~on/Uft Sar/ions 03/04 YR 04/05 YR 05/06 YR 06/07 YR 07/08 YR 5 Year I I Total New Master Lift Station East $ 200,000 $ 200,000 $ $ $ $ 400,000 New Force Main East Plant $ 350,000 $ 2,790,000 $ 1,500,000 $ $ $ 4,640,000 New Liff Station SE 61h Avenue $ .... 2__ $ $ $ 400,000 $ $ 400,000 New Force Main LS 356 $ $ $ $ 760,000 $ $ 760,000 New Fome Main LS 206 $ $ $ $ $ 580,000 ___ $ 580,000 ManholeR&R-CitywflJe $ 500,000 $ 150,000i $ 150,000 $ ..... ~150.000 $ 150.000 $ 1,100,000 P~eane Rep~cemen~ S ....... $ ~50,000 ~50,000 $ $ $ 300,000 Replacement Fc~ce Main LS 207 ...... $ $ 328,000 ~ $ $ ____ $ 328,000 Rahab of Lift Stations- Citywide ___ $ $ 500,000 __ 500,000 $ 500,000 $ _5pO,O00 ..... $ 2,000,000 Sub-Tc~al i$ 1,050,000 S 4J~8,000 $ 2,30O,OOO $ ~,alO,O00 $ 1,230,000! $ ~0,508,000 Water L/ne Rep/aceme~s 03/04 YR 04/05 YR 05/06 YR 06/07 YR I 07/0~ YR i 5 Year ~ : ~ J Total ~E 7~h to ~mh i $ 300,000 $ 3~5,ooo $ $ _ - '$ -~ I $ sss, ooo Seacr~tCon~or [$ ~,500,000 $ 2,200,000 $ %930,000 $ $ i iS 5,s30,000 Poinciana Heights $ 591,000 $ ._ $ $ $ ___$ 591,000 Railroad Avenue Pmject $ 220,000 $ 98,000 $ $ $ $ 318,000 ~E4thStree~ $ 237,500 $ 175,000 $ $ $ $ 412,500 NEt7thS~'e~ $ 867,000 $ 116,000 $ iS _~- $ $ 983,000 NVV171hStree* $ 100,000 $ 1,000,000 ' $ $ i $ $ 1,100,000 Lake Boynton Estates $ 100,000 $ 533,000 $ $ $ __ - $ 633,000 Lake~ldNE2OthAvenue $ 100,000 $ 302,000 $___ $ $ $ 402,000 ~Harbour $_ $ $ 434,000 $ 334,000 $ $ 768,000 CastJ",,Lane $ $~ 266,000 $ 266,0O0 $ $ $ 532,000 CAtape/HiWIvlission Hil~ Eden $ 217,000 $ 417,000 $ $ _ 634,000 Intercannect~nProjec~ ___ $ 200,000 $ 2~0,000 S 25o,0o015 2~0,000 $ $ 960,000 System W~e Hydrau~c Ana~/~ $ 75,000 $ 250,000 i $ 250,000 1 $ $ S $75,000 Sub-Total $ 4,290,5(X) $ 5,555,000 !$ 3,347,000 , $ 14,193,500 w.~.~ ~.=0 ;~o/.~ 03/04 YR 0~05 YR 0~mYR 0~07 YR 07~YR ; ~ 5Year __ I ~ ToteJ Wastewate~ Reuse Work _ $ $ 2,000,000 $ 2,000,000 $ 2,600,000 $ 3,000,000' $ 9,600,000 1800 South Austral/an Avenue Suite. 202 West Palm Beach, Florida 33409 Tel: (561) 684-3456 Fa~ (561) 684-9902 www. brownandcaldwell, com April 21, 2004 City Manager 100 E. Boynton Beach Blvd, P.O. Box 310, City of Boynton Beach Boynton Beach, Florida 33425-0310 91079.620 Subject: Task Order One (Brown and Caldwell) ' Dear Mr. Bressner: At your request please find four (4) executed copies of Task Order No. 1 suitable for the City's use in engaging the services of Brown and Caldwell to act as your Interim Utilities Director. The terms and conditions of the this Task Order are in accordance with the signed contract agreement dated November 18, 2003 by and between the City and Brown and Caldwell, and presently in force. Thank you so much for having the faith in me, and in Brown and Caldwell to provide you with these professional services. Rest assured, Brown and Caldwell staff will do a superb job for you and the City in this endeavor. D CALDWF. I.I. Ronald M. Ash P.E. ~ Vice President RECEIVED 2 2004! /' APF 2 / CITY MANAGER'S OFFICE 10/30/01 p:\gen\91079_flotida_bfl\620_boyntonbch\~vork_otdet_l \task._orde~_one~o~ le~t.~/mp E n v i r o n m e n t a l Engineers dj' So n c u l t a n t ~ 1800 South Australian Avenue Suite 202 West Palm Beach, Florida 33409 Tel: (561) 684-3456 Fax: (561) 684-9902 www. brownandcaldwell.com April 28, 2004 Mr. Kurt Bressner City Manager City of Boynton Beach 100 E. Boynton Beach Boulevard Boynton Beach, Florida 33425-0310 Dear Kurt: Please f'md attached the resumes you requested. Should you have any questions, please feel free to contact me at any time. Sincerely, BROWN & CALDWELL Ronald M. Ash, P.E. Vice President R0nald M. Ash, P.E. Assignment Experience Summary Client Service Manager Ron is very active in Professional Societies and also has been appointed to Education the Florida Engineering Society and its Statewide Leadership Advisory M.S., Civil Engineering, University of Committee. Prior experience as City Engineer for Boca Raton and Town Rhode Island Engineer for the Town of Jupiter strengthened Ron's knowledge and B.S., Civil Engineering, University of experience of municipal utility operations. He also owned Iris own Rhode Island Engineering Firm (Ash Design Group) where he was responsible for Registration projects totaling in excess of $250 million. Thus, Ron also possesses Professional Engineer excellent technical capabilities as well as management and business Florida, Rhode Island, New Hampshire, development components of our practice. Massachusetts, Professional Land Surveyor Rhode Island (former PLS) Town of Jupiter Experience Tolvn Engineer. In this position, Mr. Ash was in complete charge of all 26 years engineering and construction activity in the town. The position required Joined Firm daily interface with the Public Works Department regarding the 2003 maintenance of town owned facilities such as roads, buildings, landscaping Relevant Expertise and drainage. Special emphasis was placed in the area of project " Business Development management including the development, monitoring, permitting, updating " Public Relations and reporting on project schedules to the Town Manager and the Town Council. The responsibility of the position included the hiring of outside "Marketing Strategy a Client Advocacy engineering consultants (using CCN_A guidelines), writing of contracts and fee negotiations. The position required the continual interface with the water and stormwater departments in the town. City (Civil) Engineer, City of Boca Raton _~cting Director of tT, ngineering and Utility Services. Charged with the responsibility for production and distribution of potable water and the collection, treatment and disposal of sewage, distribution of reclaim irrigation quality water (project IRIS), directing people on system operations, maintenance and testing and the entire engineering, survey and construction inspection staffin the City. The position involved the management of a staff of 171 employees in the Utility and Engineering Services Department so that its customers receive quality potable water and reliable wastewater collection within budgetary constraints and in conformance xvith Federal, State and County regulations and standards. Ash_Ron:Rev. Jmanually enter dale hereto r~o! de~ele automaiic dale} 04/28/I34 ~ Ronald M. Ash, P.E. As Acting Director, Mr. Ash's responsibilities and duties included the direction of the department's work program, planning for future development of the City's utility system and providing recommendations to various boards, agencies and committees. In this capacity, he was responsible for guiding and training employees, dkecting work through other supervisors and making departmental policy decisions. An important requirement of the position was to motivate key personnel to take every educadonal opportunity to stay abreast of technical advances within the industry. Throughout his career, he developed a unique skill in identifying problems and making value decisions on how to best correct them. He continually developed his own assignments, collected, summarized and analyzed data, procedures and policies. In this position he monitored the department, guiding and influencing staff to produce reports and studies and follow established guidelines to ascertain that customers receiYed quality potable water, reliable wastewater collection and reclaim irrigation quality water. As City (Civil) Engineer, he was in complete charge of the Engineering and Construction Division for the City. This position required a comprehensive knowledge of the principles and practices of civil engineering as related to the preparation of plans and specifications; comprehensive knowledge of modem techniques as applied to the design, construction and maintenance of public works and utility projects; thorough knowledge of land and survey systems, methods and techniques of engineering principles. This position included such diverse responsibilities as the making of presentations before the Mayor, City Manager and City Council regarding existing and new projects, budget preparation, application for grants, management of staff and troubleshooting of citizen complaints, to name a few. Engineering disciplines under the direction of the City Civil Engineer included water, sewer, drainage, roadway improvements, survey, and landscape design and construction inspection. During his tenure as City Civil Engineer he developed a new contract agreement for the City's use in hiring engineering consultants. This position also included the complete responsibility of negotiating all engineering contracts for the entire Utility Services Department. Owner, Ash Design Group President and Chief Executive Ojficer. Responsibility of the entire engineering, architectural, planning and construction management staff for projects totaling in excess of $250 million dollars. This position required full knowledge in all aspects of employee oversight including salary negotiations, affirmative action laws and employee motivation. He is experienced in the full spectrum of business management and development, planning, budgeting, financial plans, trend analysis and forecasting. His position also required the overall responsibility and supervision of the entire staff to include the hiring, training and performance evaluation of personnel. In this position, Mr. Ash became especially familiar with the permitting process, local building codes, ordinances and land development requirements of Palm Beach County as his firm maintained a branch office in West Palm Beach for six years and completed numerous highly successful projects in the area. Memberships Flodda Engineering Society American Society of Civil Engineers Society of Professional Engineers American Arbitration Association Amedcan Water Resources Association American Water Works Association Municipal Public Works Association Construction Specification Institute Resarr~ Desert O~at) Maste~ 2 Nemesis M. Gomez Assignment Experience Summary Sewage Conveyance/Master Planning Nem Oomez has over 20 years of experience in construction management Education and engineering in the areas of public works and utilities. His skills include B.S., Construction Management, contract administration, program and project management, construction Florida International University, 1989 management and client services. His project experience is diverse, and Experience includes project planning, development of project strate~es, management 20 years of project teams, project delivery, staff coordination, and subconsultant Joined Firm contract management. 2008 Relevant Expertise · Construction Management Client Services · Project Management Construction Management Program for Utilities, Miami-Dade Water and Sewer Department, Miami, Florida · Client Services ~lssistant Program Manager. This project involved representing the owner on a county-wide wastewater treatment plant and wastewater transmission system improvement program representing approximately $14 million in fees during a 4-year period. Capital improvements resulting from this program were valued at approximately $80 million. His responsibilities included client services, contract management, coordination of various subconsultant teams, schedule and budget tracking, contract negotiations, coordination with the design team and other services as requested by the client. Miami. Dade Water and Sewer Department Professional Consulting Services Agreements, Miami, Florida Project Manager. These services included contract management, management of subconsultant teams, coordination of competitive assessment projects, electrical power system and grounding system evaluations, identification of opportunities for facilities automation, and management consulting services. Under the agreements there were fees of $6.4 million over 4 years. Miami-Dade Water and Sewer Department, Miami, Florida Project Manager. Over 150 different projects within three separate contracts. Budgets totaled $19.8 million in fees. City of Miramar, Miramar, Florida Program Manager. Provided a variety of support services to the City under the Town Center Development Program. This program consisted of the development of S4-acre tract for municipal facilities, as well as residential and commercial development. Total construction value was estimated at $80 million. Activities managed included the development of programming and design criteria for public facilities, xvork planning, and document reviews. 12Gomez_Nemesio I Nemesio Gomez City of Miramar, Miramar, Florida Project Manager. Responsibilities include project management and client services for City of Mixamar's Professional Engineering Consultant. The contract is for the Miami-Dade DERM Stormwater Management Master Planning. Public Works / Utilities Department, City of Miramar, Miramar, Florida Utility Enegine~ Reporting directly to the Director of the Public Works / Utilities Department, responsibilities included the oversight of all new water, wastewater, storm drainage, and roadway design and construction within City limits. Along with in-house design services, reviews of subdivision plats, plans, and specifications for conformance with City and County standards were conducted. Additionally, planning and initial development of a city-wide geographic information system (GIS) was completed. Supervision was provided for one field inspector, one AutoCAD technician, and one GIS technician. Professional and technical support to other City departments was provided as needed. Field Engineering Work, Miami-Dade Water and Sewer Authority, Miami, Florida Field Inspector. Under a consulting engineer, field inspection services and report development for sanitary sewer infiltration/inflow, sanitary sewer evaluation sur~eys, and sanitary sewer rehabilitation projects throughout the service area were conducted. The CRy of /~.,, .~z~ ) Bo~nton Beach , Utilitie, Departrnen, RECEIVED 124 E. Woolbright Road BoyntonBeach, Florida 33435 DEC I-Ii 2003 Phone (561) 742-6451 F~: (561) 742-6298 P ROCU_~/~RVICE~ / ~ LETTER OFTRANSMITTAL TO: Janet Pranito, City Clerk DATE: December 15, 2003 RE: 2 Year Contract- General Engineering Services TRANSMITTED HEREWITH .ARE THE FOLLOWING ITEMS: Copies Date No. Description 1 Original Agreement - Brown & Caldwell 1 Proof of Insurance CC: 4 Procurement Services Karen Riseley AGREEMENT for GENERAL CONSULTING AND ENGINEERING SERVICES THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as "City", and Brown & Ca/dwell, hereinafter referred to as "Consultant", in consideration of the mutual benefits, terms, and conditions hereinafter specified. WHEREAS, the City issued a Request for Qualifications invitation for Consulting and General Engineering services for the City of Boynton Beach, Utility Department, RFQ No. 065- 2821-03/CJD; and WHEREAS, RFQ No. 065-2821-03/CJD defined four (4) Scopes of Services to include design services, permitting, bidding services, construction administration, and all miscellaneous services for the areas of stormwater, public drinking water, wastewater collection and transmission; and other assignments logiea/ly tied to the development, operation and maintenance of the City o£Boynton Beach Utility Department; and WHEREAS, RFQ No. 065-2821-03/CJD further defined four (4) Scopes of Services as Scope A: Water Plant Expansion and Capacity Replacement; Scope B: Wellfield Development and Hydrogeology Services; Scope C: Infrastructure Improvements; and Scope D: Ancillary Studies and Services; and WHEREAS, Consultant timely submitted its qualifications in accordance with the Request for Qualifications invimti°n, the City's Procurement Code, and Florida Statute 286.055, the Consultants' Competitive Negotiations Act; and WHEREAS, the City Administrative. review team determined that Consultant was qualified for appointment to perform the scope(s) of services set forth in the Request for Qualifications invitation; and WHEREAS, the City Commission on ]~]0t]. 18'/. , 2003, accepted the City Administration's recommendation and designated Consultant as one of 15 qualified consulting firms for Scope C and one of nine (9) qualified consulting finns for Scope D to provide genera/ engineering services to the City; and WHEREAS, the City Manager, through his administrative staff, has successfully negotiated an agreement with Consultant defining terms and conditions for the performance of consulting and engineering services within the scope of the Request for Qualifications invitation. NOW, THEREFORE, in consideration of the mutual covenants expressed herein, the parties agree as follows: 1. REPRESENTATIONS: The representations set forth in foregoing whereas clauses are tree and correct. CA-1 2. PROJECT DESIGNATION. The Consultant is retained by the City to perform general engineering consulting services under a continuing contract with the City whereby the Consultant, on a non-exclusive basis, under the terms of this agreement, Consultant, on written request by the City, will provide professional engineering services to the City for: A. Individual projects in which construction costs do not exceed $1,000,000.00, or B. Individual study activity when the fee for such professional service does not exceed $50,000.00 C. For engineering work of a specified nature as hereinafter identified in the scope of services and as requested by the City with nO time limitation, or D. Design build projects 3. SCOPE(S) OF SERVICE. Consultant agrees to perform engineering services on specified projects at the request of the City during the term of this agreement, including the provision of all labor, materials, equipment and supplies. The specified projects which may be assigned to Consultant are set forth on Exhibit "A" (Exhibit 'A' will define the scope(s) Consultant is approved for). Consultant acknowledges that it is one of 15 consulting firms for Scope C and one of nine (9) consulting firms for Scope D which will be assigned projects listed on Exhibit "A" and that the City has made no representation or promise regarding which projects or the number of projects that will be assigned to Consultant. 4. TERM. The initial term of this Agreement shall be two (2) years. This Agreement may be renewed for two (2) additional two (2) year periods subject to Consultant acceptance, satisfactory annual performance evaluation and determination that renewal is in the best interest of the City. 5. TIME OF PERFORMANCE. Work under this contract shall commence upon the giving of Written notice by the City to the Consultant by way of an executed task order. Consultant shall perform all services and provide all work product required pursuant to this agreement and the specific task order, unless an extension of such time is granted in writing by the City. 6. PAYMENT. The Consultant shall be paid by the City for completed work and for services rendered under this agreement as follows: a. Payment for the work provided by Consultant shall be made based on the hourly rates as provided on Exhibit "B" attached hereto. The hourly rates shall be reviewed and may be adjusted in conjunction with the renewal every two years at the request of the Consultant and following approval by the City. Approval of rate changes shall be by resolution of the City Commission. b. The Consultant may submit vouchers to the City once per month during the progress of the work for partial payment for project completed to date. Such vouchers will be checked by the City, and upon approval thereof, payment will be made to the Consultant in the amount approved. c. Final payment of any balance due the Consultant will be made promptly upon its ascertainment and verification by the City after the completion of the work under this agreement, and its acceptance by the City. CA-2 d. Payment as provided in this section shall be full compensation for work performed, services rendered and for all materials, supplies, equipmem and incidentals necessary to complete the work. OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and other materials produced by the Consultant in connection with the services rendered under this agreement shall be the property of the City whether the project for which they are made if executed or not. The Consultant shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with Consultant's endeavors. Any use of the documents for purposes other than as originally intended by this Agreement, with out the written consent of the Consultant, shall be at the City's sole risk. WARRANTIES AND REPRESENTATIONS. Consultant represents and warrants to the City that it is competent to engage in the scope(s) of services contemplated under this agreemem and that it will retain and assign qualified professionals to all assigned projects during tho term of this Agreement. Consultant's services-shall meet a standard of care for professional engineering and related services equal to or exceeding the standard of care' for engineering professional practicing under similar conditions. COMPLIANCE WITH LAWS. Consultant shall, in performing the services contemplated by this service agreement faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this agreement. INDEMNIFICATION. Consultant shall indemnify and hold harmless the City, its officers, agents, and employees, from and against any and all claims, losses, or liability, or any portion thereof~ including reasonable attorneys' fees and costs, arising from any injury, or death to persons,, including but not llm~ted to injuries, sickness,, disease, or death to. Consultant's own employees or agents, or damage to property, to the extent caused by-the negligence, recklessness, or intentionally Wrongful conduct of the Consultant, its agents or employees. Neither party to this.' Agreement shall be'liable to any third party claiming directly or through. the other respective party, for any special, incidental, indirect, or consequential damages, of any Icind, includiog but not limited to lost profits or use, that may result bom this Agreement or ou~ of'the services or goods furnished hereunder. INSURANCE. The Consultant .~hall secure and maintain in force throughout the duration of this contract comprehensive' general liability insurance with a minimum coverage orS1,000,000 per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per occurrence/aggregate for prope~y damage, and professional liability insurance in the amount orS1,000,000. The general liability policy shall include the City as an additional insured and shall include a provision prohibiting cancellation of the policy except up°n thirty (30) days prior written notice to the City. Said general liability policy shall.name the City of Boynton Beach as an additional named insured and shall include a provision prohibiting cam. cellation of said policy except upon thirty (30) days prior written notice to the City. Certificates of coverage as required' by this section shall be delivered to the City within..fifteen (15) days of execution of this agreement. CA-3 INDEPENDENT CONTRACTOR. The Consultant and the City agree that the Consultant is an independent contractor with respect to the services provided pursuant to this agreement. Nothing in this agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Consultant nor any employee of Consultant shall be entitled to any benefits accorded City employees by virtue of the services provided under this agreement. The City shall not be responsible for withholding or otherwise deduction federal incOme tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to Consultant, or any employee of Consultant. CONVENANT AGAINST CONTINGENT FEES. The Consultant warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the-Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bona_fide employee working solely fOr the Consultant, any fee, commission, percentage, brokerage fee, gifts, or ay other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this conlxact without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, girl, or contingent fee. DISCRIMINATION PROHBITED. The Consultant, with regard to the work performed by it under this agreement, will not discriminate on the grounds of race, color, national origin, religion; creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. ASSIGNMENT. The Consultant shall not sublet or assign any of the services covered by this agreement without the express written consent of the City. NON-WAIVER. Waiver by the City of any provision of this agreement or any time limitation provided for in this agreement shall not constitute a waiver of any other provision. TERMINATION. a. The City reserves the right to terminate this agreement at any time by giving ten (10) days written notice to the Consultant. b. In the event of the death of a member, partner or officer of the Consultant, or any of its supervisory personnel assigned to the project, the surviving members of the Consultant hereby agree to complete the work under the. terms of this agreement, if requested to do so by the City. This section shall not be a bar to renegotiafions of this agreement between surviving members of the Consultant and the City, if the City so chooses. c. The Consultant reserves the right to terminate this Agreement by giving sixty (60) days written notice to the City. CA-4 DISPUTES. Any dispute arising out of the terms or conditions of this agreement shall be adjudicated within the courts of Florida. Further, this agreement shall be construed under Florida law. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address: City of Boynton Beach 124 E. Woolbright Road Boynton Beach, FL 33425-0310 Attn: Paul Fleming, Senior Project Manager Notices to Consultant shall be sent to the following address: INTEGRATED AGREEMENT. This Agreement, together with attachments or addenda, represents the entire and integrated agreement between the City and the Consultant and supersedes all prior negotiations, representations, or agreements written or oral. This agreement may be amended only by written instrument signed by both City and Consultant. CA-5 DATED this lB day of ~'~c, Vem ~e( ,20 O3. CITY OF BOYNTON BEACH Kurt Bressner, City Manager - - Consultant Attest/Authenticated: V;¢~ ~;aE.J"/~ ~r~ ,~t~tt Title / ~~Cl~k~- ~- .~~, -J (Corporate Seal) ~ 0~N~~/A~est/Authenfi cated: Offic~6'f'the CityVAttomey Secretary Rev. 04/08/03 CA-6 EXHIBIT A SCOPE C: INFRASTRUCTURE IMPROVEMENTS · Water Main Replacement Interconnections · Samtary Sewer Line, Repair, Rehabilitation, Replacement · Inflow & Infiltration Smd/es/Repair · Wastewater Pump Station Rehabilitation/Expansion & Analysis · Pump Sizing/Expansion/Improvements · Stormwater Management · Swale and Drainage Development/Improvements · Outfalls · Roadway and Transportation · Neighborhood Improvements · Lighting · Sidewalks Park Amenities · Other Related services SCOPE D: ANCILLARY STUDIES and SERVICES · Rate Analysis · Accounting Procedures · Revenue Bonds · Risk Management · Employee Training · Performance Measurement & Organizational Management · NPDES Permitting · Vulnerability Assessments · Master Plan Updates · Clean Air Act Compliance · Consumer Confidence Report · Consumer SatisfactiOn Survey · Wastewater Capacity Analysis · Hydraulic Analysis · Power Analysis · Geographic Information Systems · Aerial Photogrammetry & PhotograPhy · Process Controls & Instrumentation · Data Acquisition and Control Services (DACS) · Supervisory Control & Data Acquisition (SCADA) · Other Related Services EXHIBIT B PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED Classffi ~eati°n Project Direct°r ~Pri~cipal) $175 Stuart oppeheim Over 27 years experience. Responsfbility Phil Feeney include ensuring .resources are applied to provide client satisfaction. Client Service Manager $185 Ron Ash Over 30 years of experience in the .Utility Industry. Responsible for maintaining client satisfaction. senior Project Manager $'~ 50 Ted Hortenstin6 Over 20 years of experience. Provide technical John McLaughlin and discipline support as tasks are assigneck Jim Nissen Joseph Patemiti ProjeCt Engineer ~ mip Shaw Over 20 years experience. Provide technical /,~ 3' a0 Bob Hrabovsky and discipline support as tasks are assigned. ~a./~,' Ib-~ ~g Rodger Tocbben Scient/st ~ JOhn Bratby Over 30 years experience in the areas of process .dm'ga. Senior Designer /Oq. ~ Steve Davies Over 32 years of experience in design and ~ction of infrastru ,c~u'. e. Des~ner Over 15 years ofexperiene¢ in laying out Senior Engineer/Hydrogeologist $107 June Smith Over 10 years of experience special/zing in pumping system hydraulics and pm~ Engineer/I-Iydrogeolog~st (Technical SPecialist) $88 Emily Mott Over 4 years of experience in support of general Sean Kilpatrick engineering/infrastmchtre projects7 Senior Professional Survey0';/Mapper $100 Perry C. White, ?gM Over 24 years-experience as a Professional Surveyor. Responm'ble for the oversight of aH major boundary, topographic and design surveys. Responmlfilitios also include quality assurance reviews, manpower projections and job costing of aH phases of survey operations. * Not Identified in the Proposal 1 EXHIBIT B PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED ~slfleation ....... Hourly Pate " l~mploye~s Id¢.ntffied ?rofessional Su~eyoi/M~pper ' ' $100 .... Wilbur Di~;in¢, PSM .... Over 27 years experience as a Professional Surveyor. Responsfbilities include field crew personnel scheduling and coordination and daily review of field data collection. Engineering/Survey Technical $65' · 'Bruce Johnson ... Over 18 years experience performing under the Lynn Slaughter direction of a registered engineer and/or surveyor to assist in the preparation of base maps and construction plan documents and detMls. Senior Field Repres~ve (lh-0fessional) ' " e!~S; ' Ed Basham Over 35 years of construction engineering experience in Civil, Structural, Mechanical, fram Inspection and Construction Management.. Survey Crew ' ' ' $95 (2 man) Anthony McLemore p.S.M~"(Party Over 32 years experience in collection of field $115 (3 man) Chie0 data for boundary, topographic and design survey Richard Darvflle (Instnunent Person) r~ojects to support enginee~g designs Larry Martinez (Rod Person) Over 20 years experience as GIS/IT. professional Graphics Special]~ .... : ' 'S~or ~ ........ $90 Fi~ go~e ...... Over 23 years of experience conducting san/tary sewer ev.~u.~i,on surveys ............ GPS Equipment ~ "'Roger Filer'(Party chie0 Over 22 years experience in data collection and % ¢ ~ Bill Carpenter (Insmmaent Person) survey field activities. We utilize GPS fo~ boundary and topographic surveys, horizontal _surveys and major canal cross-s ..e~ion projects. .. . Sen/or Admin/strafive Support* $8-5- Gina F. Rodriguez Over 15 years experience as a project coordinator ~ suop~ ofeng~eeaag/¢onstruca0n.Pr.0j .e. cts~ Aan~.~ve Support $53 ~e~a Wich ..... Over 10 years of experience in document Annie Vega preparation. Mary Price * Not Identified in the Proposal 2 EXHIBIT B PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED -Classffieation Hourly Rate EmplOyees Id~nfffi~l Paraprofessional Aerial Photogrammetry Computer System Analysis $I90 Scott Bash Over 18 years of experience in developing /nformation technology solutions. Rate Study $146 Grant Hoag Over 15 years of experience in financial consulting to utilities and governments. Financial Services $4-80' Richard Stahr Over 22 years oftmsiness consulting ! -/~r co Roy'Herwig involving strategic planning for ~0.~]~r /O-~.OD Len Enriquez rmmicipalities. Immtation and Control Services $142 Steve Stem ' Over 30 years of experience in electrical/power/automation design for ufil/ties. Human Resources Services ~ Jim Couclaine Over 24 years of experience with expertise as maintenance ofutilities. Data Acquisition and Control Services $115 Ron Stewart Over 35 years of experience in SCADA systems particularly for the water and Direct Cost -Mark-up % Office, 10% reproduction, mailing etc. Direct Cost - Mark-up % sub-consultants 10% Not Idmtified in the Proposal 3 EXHIBIT B PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED ~~fion .... Hourly ~te" Employees ldentifi .ad Over 16 years ofgeotechnical experience with involvvnn~rt in diversified complex projects. I/I ?roject Manager .......... $ ~ 50 Rudy Fernandez Over 31 yearn of experience in the management of infiltration/inflow reduction programs. I~ ~oj~ En~ ' S95 Ro~ Lym~ Over 20 years of exp~ence in conducting infiltration/inflow reduction programs. , ..... * Not Identified/n the Proposal 4 1800 South Amwdian Avenue Suite 202 Weu Palm Beach, Florida 33409 Tel: (561) 684-3456 Fmc (561) 684-9902 www. brownandeald'~l.com EXHIBIT B October 28, 2003 Barbara Conboy, Manager Utilities Administration City of Boynton Beach 124 E. Woolbright Road Boynton Beach, FL 33435 RE: Rev/~ed Rat~ Dear Barbara: Thank you for giv/ng Brown and Caldwell the opportunity to revise our rates for the clarifications in quest/om Please note that the revised rates as.presented have been rounded off to the nearest dollar. CLASSIFICATION REVISED RATES Project Engineer $123.00 Scientist $121.00 Senior Designer $109.00 Dodgner $ 87.00 Senior Field Representative (professional) $122.00 GIS Speoialist $136.00 GPS Equipment/Crew $ 86.00 ' Senior Administrative Support $ 80~00 Computer System Analysis. $135.00 Financial Services $175.00 Human Re,~urce Services $135.00 Should you have any questions please do not hesitate to contact me at anytime. Sincerely, Brown and Caldwell Ronald M. Ash, P.E. Ir'we President E n vi r o n m e n t a I Engin e e rs & Co n s ult a n ts Suite 202 West Palm Beach, Florida 33409 Tel: (561) 684-3456 Fax: (561) 684-9902 ........ www. brownandcaldwell .com R~c~IV~D 15 2003 December 8, 2003 Barbara Conboy Manager, Utilities Administration ~llJe City of Boynton Beach Utilities Department 124 E. Woolbright Road Boynton Beach, FL 33435 RE: Reply to Certified Letter # 7003 1010 0000 6300 9675 Dear Barbara: Attached herewith please find the original "signed" Consultant Agreement you recently sent me to include our Certificate of Professional Liability Insurance. Should you have any questions, please call me at any time. Best wishes for the holiday season. Sincerely, BROWN & CALDWELL Ronald M. Ash, P.E. Vice President Attachment E n v i r o n m e n t a l E n ¢ i n e e rs ~' (7. o n $ u l t a n ts I DA TE (MM/DD/YY) AC_ORD. CERTIFICATE OF LIABILITY INSURANCE 03/26/2004 1:2/05/2003 ....... THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION pRODUCER LOCktOn Companies ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 444 W. 47Ih Street, SuJle 900 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Kansas City Mo 64112-1906 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. (816) 960-9000 INSURERS AFFORDING COVERAGE ;,SU.E~ BROWN AND CALDWELL AND ITS WHOLLY ~NSURE. A: GREENWICH INSURANCE COMPANY 1052264 OWNED SUBSIDIARIES AND AFFILIATES , INSURER B: X L SPECIALTY INSURANCE COMPANY 201 NORTH CIVIC DRIVE INSURER C: WALNUT CREEK CA 94596 INSURER D: INSUREI~ I=; COVERAGES BROCA0 ! PA - THE POLICIES OF INSURANCE LISTED i~ELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NO'I~,/rrHSTANDING ' ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO VVHICH THIS CERTIFICATE MAY RE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIM~. INSR ' POUCY EFFEC'TIVE POLICY EXPIRA'BON LTR ! TYPE OF INSURANCE POUCY NUMBER pATE [MM/Dp/yY) DA'IL (MM~)l)t't~ , LIMITS I GENERAL LIABILITY EACH OCCURRENCE I $ _ ],000,,000 A . .X_ ~ .COMMERC. UU. ~ENER~L [U~ILrrY GECO00166203 03/26/2003 03/26/2004 FIRE DAMAGE (Ar~, on. ~'*l [ $ I,O00,000 ; i . _. CLAIMSMADE ~ OCCUR MEOEXP(An¥o~eperso~) $ 5,000 ~_.__j __ j PER$ONAL&ADVINJURY $ 1,000,000 __ ; ! . ~ I GENERAL AGGREGATE $ 2,000,000 ~ GEN*L AGGREGATI~ LB/lIT ,APPLIES PER: I ! PRODUCT~ - COtVIP/OP AGG $ 2,000,000 ; ..... i p .' · AUTOMOBILE LIABILITY / COMBINED SINGLE LIMIT I --.-~ ~nv AUTO - NOT APPLICABLE IL. .... i ALL OWNED AUTOS BODiLy INJURY SCHEDULED AUTOS (Per per~4~n) HIRED AUTOS ! BODILY INJURY $ · .__] NON-OWNED AUTOS (Per accident) ....... y--~ . PROPER'Fy DANIAGE $ (Per accidenl) j GARAGE LIABIETY A_U.TO ONLY. EA ACCIDENT · '. ..... ANY ^UTO NOT APPLICABLE i OTHER 'rH'"~ E~ACC J AUTO ONLY: AC-K~ $ .. r I EXCESS LIABILITY EACH OCCURRENCE $ ....i : OCCUR CLAIMS MADE NOT APPLICABLE AGGREGATE $ . DEDUCTIBLE ~ FORM i I RETENTION $ $ ~ I WORKERS COMPENSATION AND WEC00t4189 .06/0i/2005 0]/26/2004 X TORY LIMITS I ~ E~'LOYERS' clAB.~TY E.L EACH ACCII~.NT $ i i E.L DISEASE - EA EMPLOYEE; $ I · F_L DISEASE - POtJCY UMrr ~ I ~ 'j OTHE~ PEC0000OOf0I 0~/31~003 05/31/2004' $1,000,000 PER CLMM/$1,O00,000 : PROFESRIONAL LIABILITY AGGREGATE . J E~CRIPTION OF OPERATION,~'[OCAllON~NEJ~C~CLU$1OI~$ ADI~ BY ENI)O~EM~CIAL PROVISIONS :E: CONNIJI.'I'ANT AGREEMENT FOR TWO-YEAR GENERAL CONSULTIN~ AND ENGINEERING. CITY OF BOYNTON BEACH IS ADDITIONAL ~ISUREI) A.',; RESPECTS GENERAL LIABILITY WHERE REQUIRED BY WRITTEN CONTRACT. --RTIFICATE HOLDER J I Aom'riONAL INSURED; INSURER LE'rrER .... =AN~:ELLATION 1922569 S~UU) ANy OF ~ ABOVE DESCR~I~.D POLICIES BE CANCELLED BEFORE THE EXI=fRATION BOY-07 hATE THERe, THE ~SSU~N~ ;NSURER ~ ~ M~L ~0 O~YS WmTrEn CITY OF BOYNTON BEACH UTILITIES DEPARTMENT NO'riCE TO ~E CER'nRCAT~ NOLD~R NAME~ TO mE LE~r,-"'-'; ."~-"_'-'~-= Te BARBARA CONBOY MANAGER FL 33435 MEMORANDUM TO: RISK MANAGEMENT DATE: December 16, 2003 FROM: BILL ATKINS SUBJECT: INSURANCE REQUIREMENTS DEPUTY DIRECTOR OF RELEASE FINANCIAL SERVICES Attached you Will find the insurance requirements for the following: RFQ#: 065-2821-03/CJD NAME OF RFQ: RFQ FOR TWO YEAR CONTRACT FOR GENERAL CONSULTING AND ENGINEERING SERVICES USER DEPARTMENT: UTILITIES AWARDED VENDOR: BROWN AND CALDWELL VENDOR PHONE #/CONTACT: 561-684-3456 / Ronald M. Ash AWARDED AMOUNT: Task orders Will be issued as needed. COMMISSION/AGENDA DATE: 11/18/2003 CALENDAR DAYS: Two year contract WHEN ALL INSURANCE REQUIREMENTS HAVE BEEN MET AND ALL FORMS RECEIVED BY YOUR DEPARTMENT PLEASE SIGN THE BOTTOM OF THIS FORM AND ATTACH COPIES OF COMPLETED INSURANCE FORMS FOR OUR FILES. LrNTIL WE HAVE RECEIVED THIS FORM FROM YOUR OFFICE, WE WILL NOT PROCESS A PURCHASE ORDER OR A "NOTICE TO PROCEED" ON THIS PROJECT. D RETURNED TO EMPLOYEE FROM RISK MANAGEMENT PROCUREMENT SERVICES DATE (MM/DD/YY) ACORD- CERTIFICATE OF LIABILITY INSURANCE o 6aoo - -* THIS. CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION pRoDUCER Lockton Companies ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 444 W. 47th Street, Suite 900 HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR Kansas City Mo 64112-1906 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. (816) 960-9000 INSURERS AFFORDING COVERAGE i.sU.E--~ BROWN AND CALDWELL AND ITS WHOLLY INSURER ^: GRE£NW]CH INSURANCE COMPANY 105226~ OWNED SUBSIDIARIES AND AFFILIATES Ip~URER e: X L SPECIALTY INSURANCE COMPANY 201 NORTH CIVIC DRIVE ~ . WALNUT CREEK CA 94596 INSURER a: INSURER F; CO~. ERAGES BROCAO 1 PA THE POLICIES OF INSURANCE L STED BELOW. HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY ~ERIOO INDICATED. NOT--STANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALLTHE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR POUC~ EPI~IEGT]VE IK)UGY' EXI~RATION LTR. TYPE OF INSURANCE POUCY NUMB~:R DATE IMM/DDR(Y) DATE ~MMA~)/YYI LIMITS I GENERAL UABILITY EACH OCCURRENCE $ I ~O00,~000 · "~ . .X_] .C(~vtMERCIAL GENER~d. LIAEilLI*FY GECO00] 66203 03/26/2003 03/26/2004 FIRE D,~aA~E (Any one rr~) $ 1,000,000 · ; ..; . CLAJMS MADE OCCUR MED EXP' (Any one person) ; ' i PERSONAL & )~)V INJURY $ ! I GENERAL AGGREGATE r $ 2~000~000 ; GEN'L AGGREGATE LNIT APPLIES PER: PRODUCTS - COMP/OP AGG AUTOMOBILE LIABILI~ COMBINED SINGLE LIMIT ''- -- ~,NY ^UTO ' NOT APPLICABLE (Es accident) .... j ALL OWNED AUTOS ; BOD#.y INJUI~ I SCHEDULED AUTOS . (Per pm'~on) ' ! - HIRED AUTOS ! BODiLY. INJURY $ ..__~ NON-O'WflED AUTOS {Pee' eecide,n~) y---JJ · ' PROPERTY DAMAGE : (Per m::cidem) I ; }.._G^RAGE LIABILITY AUTO ONt. Y- LA, ACC I.DENT , ,,,.Ny ^UTO 'NOT ^PPLIC^BL, E ~ACC : ---~ OTHER THAN AUTO ONLY: : AGG !.~.C. ESS u^mu'n' MC. occu.~.c,= ! : OCCUR CL, U~S M,,U:~E NOT APPLICABLE AGGR~O,',TE · DEDUCTIBLE FORM i " ~ RETENTIOH $ ' $ IVVO STATU-I' JF_~TH' B IWORKERSCOMPEN~TIONAND W£C001'418~ 06/01/2003 03/26/2(X14 X [TORY[~rrsl ! EMPLOYERS' LIABIUTY' E.L EACH ACCII~=NT $ j E.L DI6EASE - lEA, EMPLOYEE E.L OISEAS,E - POUCY lIMIT ,~ A . i O'mER PEC000000$01 05/31/2003 05/31/2004' $1,000,000 PER CLAIM/SI,000,000 : PROFESSIONAL LIABILITY ACK~REGA:TE DEScRIpTION OF OPERATION,~llONSNEHICt. E.~LU$1ON$ ADDED BY EN~MENT/S~EClAL PROVISIONS RE: C'ON~UI.TANT AGREEMENT FOR. TWO-YEAR GENERAL CONSULTING AND ENGJNEEPJNG. CITY OF BOYNTON BEACH IS ADDITIONAL INSURED AS RESPECTS GENERAL LIABILITY WHERE REQUIRED BY WRITTEN CONTRACT. CERTIFICATE HOLDER I I ADDmON~. INSURED; WSURER LE'rmR: ~ANCFLLATION '1922569 mmULO ANY OF THE ABOVE ~ED POtJClE~ BE CANCELLED BEFORE 11.JR EXPIR~TI~ BOY-07 ClTYOFBOYNTONBEACH ~ mERF. OF,'mE ISSUWG WSUR~ALLIN~r, AVeR-4q~MAU. ~0 DAYS w~,,~. UTILITIES DEPARTMENT NOTICE TO THE CERllFICATE HOLDER NAMED TO THE LEFT,_~'_~ F.~_"_~E TO_ ! . ATTN BARBARA CONBOY MANAGER'""'~= ...... ............................................. ~ ..... 124 E. WOOl_BRIGHT ROAD BOYNTON BEACH. FL 33435 AUTHOR~ ~pR~rrA~w ' ~ ~CORD 25-S (7/97~ For que,~m ~e~al~l~lh~ ~icale. c~t~b~mAmberlllted h~ ?rodu~r'mabo, and~l~ ~N~ 1~M1% oACORD CORPORATION 1988 VI.-CONSENT AGENDA ITEM E.1 CITY OF BOYNTON BEAC AGENDA ITEM REQUEST FG.. ,i 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 7, 2004 March 15, 2004 (Noon.) [] June 1,2004 May 17, 2004 (Noon) [] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31, 2004 (Noon) [] May4,2004 April 19,200ri(Noon) [] July6,2004 June 14, 2004 (Noon) .t:"' _..~_< [] May 18, 2004 May 3, 2004 (Noon) [] July 20, 2004 July 5, 2004 (Noon) .--< ?' ~ [] Administrative [] Legal -'~ c:~ NATURE OF [] Announcement [] New Business ~ ~_~nrr~ AGENDA ITEM [] City Manager's Report [] Presentation cfi [] Consent Agenda [] Public Hearing --r [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the May 18, 2004 City Comafission Agenda under Consent Agenda. The Community Redevelopment Agency Board with a tmanimous vote, recommended that the subject request be approved. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-096. EXPLANATION: PROJECT: Coastal Bay Colony (MPMD 04-002) AGENT: Thomas Pagnotta, Southern Homes OWNER: Southern Homes of Palm Beach II, LLC LOCATION: West side of South Federal Highway, approximately 200 feet south of SE 23rd Avenue. DESCRIPTION: Request for Master Plan Modification approval to reduce the side setbacks approved at ten (10) feet to five (5) feet for lots 3 and 59 of the 64 lot subdivision. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNAT ,:~~~: N~A ~~ Dev~l'opmenl~Depamne~'~ ]~rector * Ci~, Manager's Signature 'Planning a~d Zo-~'~Director City Attorney / Finance / Human Resources S:~Ianning~SHARED\WP~ROJECTSXSouthern Homes of Palm Beach\Coastal Bay Colony~lPMD 04-002'~Agenda Item Request Coastal Bay Colony MPMD 04-002 5-18-04.dot S:~BULLETINSFORMS~AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT MEMORANDUM NO. PZ 04-096 TO: Chair and Members Community Redevelopment Agency THROUGH: Michael W. Rumpf Director of Planning & Zoning FROM: Ed Breese Principal Planner ~ DATE: April 30, 2004 SUB.1ECT: Coastal Bay Colony - File No. MPMD 04-002 Master Plan Modification (Amending setbacks) PRO.1ECT NAME: Coastal Bay Colony - MPMD 04-002 LOCATJ:ON: 2505 South Federal Highway APPI.]:CANT: Thomas Pagnotta, Director of Operations for Southern Homes LAND USE/ZON]:NG: Special High Density Residential (SHDR) / [nfill Planned Unit Development ([PUD) NATURE OF RE(~UEST Mr. Thomas Pagnotta, Director of Operations for Southern Homes, is requesting to modify the Master Plan for Coastal Bay Colony. This development is located on the west side of South Federal Highway, just south of Golf Road (see Exhibit "A" - Location Map). The specific request is to amend the side setbacks for Lots 3 and 59 from the previously approved ten (10) feet to five (5) feet, in order to improve and enhance the front entry and ddve. BACKGROUND/ANALYSZS On February 18, 2003, the City Commission granted site plan approval for the Coastal Bay Colony project, a development consisUng of 64 fee simple townhouse units in 12 separate buildings on a 4.34-acre parcel (see Exhibit "B" - Site Plan). The plan also includes a recreaUon area with a clubhouse and pool. The number of units within each building vades from three (3) to eight (8) units. The buildings will be two (2) and three (3) stories high and include two (2) and three (3) bedroom units. The approval was subject to staff comments and included concurrency certification for all applicable levels of service. On Apdl 20, 2004, the City Commission granted site plan Ume extension approval for this project, based upon staff and CRA recommendation, as Southern Homes had been diligently working to finalize all required paperwork and drawings. According to the applicant, the proposed amendment would improve the entrance to the site by providing two lanes of stacking in front of the entry gates. One lane would accommodate residents through an electronic remote control within their vehicle. The other lane would allow visitors/guests to dial the individual homeowners for admittance through a keypad system. AddiUonally, the maneuvering area immediately in front of the gates has been expanded to improve the traffic circulaUon and turning movements of vehicles Memorandum No. PZ 04-096 Page Coastal Bay Colony MPMD 04-002 ~ntering and exiting through the gates. As a result of these proposed improvements, the side setbacks of the townhouses on lots 3 and 59 are being reduced from ten (10) feet to five (5) feet. The original Master Plan proposed a six (6) foot high pre-cast concrete wall along the north and south property lines of the development, with lots 3 and 59 having ten (10) feet between the wall and the associated townhouse. As proposed with this Master Plan Modification, lot 3 would now have five (5) feet between the structure and the north buffer wall and lot 59 would have five (5) feet between the structure and the south buffer wall. A review of the adjacent properties revealed that the property to the north is a Sunoco Gas Station, zoned Community Commercial (C-3), which would allow a zero (0) side setback from this project. However, the portion of the Sunoco parcel immediately adjacent to the requested five (5) foot setback is an asphalt area used for parking and traffic circulation. The property to the south is a .professional office plaza, zoned Community Commercial (C-3), also requiring no side setback. The segment of the site immediately to the south and adjacent to the requested five (5) foot setback is a portion of the large parking lot for the plaza. Depending upon the ultimate use and site design if redeveloped, adjacent uses could negatively affect the subject units of this project. However, based upon the above information, it would appear as though the requested amendment to the Master Plan has little to no affect on the adjacent properties and improves the on-site operations and traffic circulation for Coastal Bay Colony. RECOMMENDA'F~ON The Technical Review Committee ('I'RC) has reviewed this Master Plan Modification request, and recommends approval, based upon the attributes of the entire project, the compatibility of the proposed modification with ~th the intent of the IPUD zoning and the surrounding urban environment, and given the lack of negative ..,~pacts upon adjacent properties. This staff recommendation is contingent upon the comments indicated in Exhibit "C" - Conditions of Approval. Any additional conditions recommended by the CRA or City Commission shall be documented accordingly in the Conditions of Approval. MR/eb Xc: Central File S:~'tning~SHARED~WP~PROJECTSGouthem Homes of Palm Beach~Coastal Bay Colo~y MPMD O4-002~Staff Report.doc Location Map EXHIBIT"A" COASTAL BAY COLONY R3 IC;VVW "i _. - . EXHIBIT "B" i APPROVED PLAN EXHIBIT "B" I~ PROPOSED PLA~ i . I , llli1 ,, 11 II I 1 ~. '. ' ! ' ~ · .. EXHIBIT "C" Conditions of A~roval Project name: Coastal Bay Colony File number: MPMD 04-002 Reference: 2nd review plans identified as a Master Plan Modification with a Planning and Zoning Department date stamp marking of April 27, 2004. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: NONE X PUBLIC WORKS - Traffic Comments: NONE X ENGINEERING DIVISION Comments: 1. Please note that changes or revisions to these plans may generate additional comments. Acceptance of these plans during the TRC process does not X ensure that additional comments may not be generated by the Commission and at permit review. UTILITIES Comments: NONE X FIRE Comments: NONE X POLICE Comments: NONE X BUILDING DIVISION Comments: NONE X PARKS AND RECREATION Comments: NONE X MPMD 04-002 COA 05/04/04 2 DEPARTMENTS INCLUDE REJECT FORESTER/ENVIRONMENTALIST Comments: NONE X PLANNING AND ZONING Comments: 2. Continue tree planting scheme along the entire length of the north side of X Unit #3. ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITONS Comments: NONE X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 3. NONE X MWR/sc $:\Hlanning\$HARED\WP\HRO,IECT$\$outhom Homos of Halm Boach\Coastal Bay Golony\MHMD 04-002\GOA.do¢ DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Coastal Bay Colony APPLICANT'S AGENT: Thomas Pagnotta, Dir. Of Operations for Southern Homes APPLICANT'S ADDRESS: 12900 SW 128th St., Suite 100, Miami, FI 33186 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: May 18, 2004 TYPE OF RELIEF SOUGHT: Request master plan modification approval to amend the approved side setbacks from ten (10) feet to five (5) feet for Lots 3 and 59. LOCATION OF PROPERTY: 2505 South Federal Highway DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Community Redevelopment Agency 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 VI.-CONSENT AGENDA CITY OF BOYNTON BEAC ITEM E.2. 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 7, 2004 March 15, 2004 (Noon.) [] June 1, 2004 May 17, 2004 (Noon) [] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31, 2004 (Noon) [] Maya, 2004 April l9, 2004 (Noon) [] July6,2004 Juneln, 2004(Noon) [] May 18, 2004 May 3, 2004 (Noon) [] July 20, 2004 July 5, 2004 (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 May 18, 2004 City Commission Agenda under Consent Agenda. 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 Depattu~nt of Development Memorandum No. PZ 04-091. EXPLANATION: PROJECT: Bayfront (NWSP 04-002) AGENT: Carlos Ballbe, Keith & Ballbe, Inc. OWNER: Hector Garcia, Southern Homes of Palm Beach IV, LLC LOCATION: West side of South Federal Highway, approximately one-quarter mile south of Old Dixie Highway. DESCRIPTION: Request for new site plan approval for 48 fee-simple townhomes and related site improvements on a 2.46-acre parcel in a proposed Infill Planned Unit Development (n~UD). PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: t~/] ity Manager s Signature ~l~-nning' an~Zo~irector 'ty . ' SAPIanning~SHARED\WP~PROJECI~k%utbem Homes of Palm BeachXBAYFRONTkNWSP 04-002~Agend~ Item Request Bayfront NWSP 044)02 5-18- 04.dot S:~BULLETIN~ORMS~d~OENDA ITEM REQUEST FORM.DOC Staff Report - Bayfront (NWSP 04-002) Memorandum No PZ 04-091 Page 2 County with a Commercial High Density (CHS) land use classification, zoned General Commercial (CG); East: Right-of-way for Federal Highway, then farther east is vacant commercial property located in unincorporated Palm Beach County with a Commerdal High (CH/5) land use classification, zoned General Commercial (CG). West: Northern half - partially developed property with a General Commercial (GC) land use dassification, zoned General Commercial (GC). Southern half- partially developed residential property located in unincorporated Palm Beach County with a Commerdal High (CH/5) land use classification, zoned Residential Multi-family (RM). Site Characteristic: According to the survey, the subject property is comprised of two (2) lots and sparsely populated with palm trees and vadous groundcover plants. This undeveloped site also contains a six (6)-foot high fence located along its southern perimeter. The highest elevation is a point 14.1 feet above sea level, located atthe southwest comer of the site. No unity of title would be required for this project because all new legal descriptions (for each unit) would be addressed during the replat process (see Exhibit"C" - Conditions of Approval). BACK~;ROUND Proposal: Mr. Carlos Ballbe, representative for Southern Homes of Palm Beach IV, LLC, is proposing a new site plan for 48 fee-simple townhouse units. Approval of this project is contingent upon the approval of the corresponding request to annex the subject property into the City Of Boynton Beach (see Exhibit "C" - Conditions of Approval). The applicant would also be requesting to designate the subject property with the. Znfill Planned Unit Development (];PUD) zoning district. Townhouses are permitted uses in the ];PUD zoning district. The maximum density allowed by the Special High Density Residential (HDR) land use classification is 20 du/ac, which would allow the developer a maximum of 49 units. The project would be built in one (1) phase. ANALYSZS Concurrency: Traffic: A traffic statement was sent to the Palm Beach County Traffic Division for concurrency review in order to ensure an adequate level of service. The Palm Beach County Traffic Division has determined that the proposed residential project is located within the Coastal Residential Exception Areas of the county, and therefore meets the Traffic Performance Standards of Palm Beach County. No building permits are to be issued by the town, aEer the 2005 build-out date. The County traffic concurrency approval is subject to the Project Aggregation Rules set forth in the Traffic Performance Standards Ordinance. Drainage: Conceptual drainage Information was provided for the City's review. The Engineering Division has found the conceptual Information to be adequate and is Staff Report - Bayfront (NWSP 04-002) Memorandum No PZ 04-091 Page 4 landscape buffer would contain the same plant material as the southern landscape buffer. However, it would also have 10 Pink Trumpet trees proposed within the rear yard of the townhouses. The east landscape buffer (along property line - S 17°13~6'' W) would be at least 10 feet - two (2) Inches wide. This buffer would contain more landscape material than the other buffers because it is adjacent to Federal Highway. This buffer would be planted with the following: seven (7) Wax Privet, seven (7) Cabbage palm, four (4) PinkTrumpet, two (2) Tibouchina, two (2) Medjool Date palm, 10 White Stopper, 10 Japanese Yew, 30 Dwarf Bougainvillea, and 61 Wax Leaf Jasmine. The front of each unit would have either Washingtonla palms or Uve Oak trees and Wax Leaf Jasmine groundcover. All air conditioners would be located on the ground to the rear of each unit and screened with vadous hedge material. The clubhouse would be surrounded by a row of White Stopper hedges and Green Malayan Coconut palm trees. Building and Site: The applicant is requesting to rezone the property to the [PUD zoning district and build to a density of 19.5 dwelling units per acre. The maximum density allowed by :[PUD zoning district (Special High Density Residential land use dassification) is 20 dwelling units per acre. The :[PUD zoning district allows buildings to reach a maximum height of 45 feet, however, a lesser height could be imposed if compatibility with adjacent properties becomes an issue. The proposed three (3)- story fee-simple townhouses would be 36 feet - nine (9) Inches, measured at the mean roof height. The peak of the roof would be 43 feet - four (4) inches in height. According to the site plan, a C.B.S. wall, six (6) feet in height would be placed around the entire property. Although not dimensioned, it appears that the new wall would be setback at least four (4) feet from the east property line (fadng Federal Highway). The 48 dwelling units are proposed within five (5) separate buildings on the 2.46- acre site. The plan proposes a mix of two (2) and three (3) bedroom units. Each of the five (5) buildings would contain varying unit types as well (Unit A, Unit B, or Unit C), According to the floor plans (sheets 12 and 13), the smallest sized unit would be 1,260 square feet in area and the largest sized unit would be 1,640 square feet. The [PUD zoning district has no actual building setback requirements, however, the buildings are arranged in such a way that they would exceed the basic development standards. On the site plan tabular data, the minimum setbacks are shown as follows: front - 10 feet, rear- 10 feet, and side - 5 feet. However, the building labeled as ~Building 3" is shown on the site plan to be setback 10 feet- six (6) inches from the south (side) property line, a difference of almost five (5) feet. This is because the developer wants to be able to have the flexibllity to deviate from the minimum setback such as long as the buildings do not further encroach into the required setbacks. Staff concurs with this scenario and notes that the Setback table shown on sheet SP2 of 2 regulates the project's minimum required setbacks. Each unit owner would be allowed to have a 30 square foot concrete patio in the Staff Report - Bayfront (NWSP 04-002) Memorandum No PZ 04-091 Page 6 RECOMMENDA'I'~ON: The Technical Review Committee (TRC) has reviewed this request for new site plan approval. Staff recommends approval of the site plan, contingent upon successful annexation and rezoning (ANEX 04- 001) and also subject to satisfying all comments indicated in Exhibit "C" - Conditions of Approval. Any additional conditions recommended by the Board or City Commission shall be documented accordingly in the Conditions of Approval. S:\Planning\SHARED\WP\PRO.1ECTS\SouIJ~em Homes of Palm Beach\BAYFRON'I~NWSP 04-002\Staff Report. doc EXHIBIT "'B" ]ELI M IN ARY DRAWINGS - NOT FOR CONSTRUCTION EXHIBIT "B" RELI MINARY DRAWINGS - NOT FOR CONSTRUCTION ...,,., . ,,,,,,,,,,,,,,,,,,,,.,.,,,, I ~RE-LIMINARY DRAIINCS - NOT FOR CONSTR~ CTION t,~l!~iill!lillll **. ,,,m,~mjlfillillllllllll[I,l~[ fl, f~,l, I,l~o1 I1 "'""""'"'"'"" ""' I EXHIBIT "C" Conditions of Approval Project name: Bayfront File number: New Site Plan Reference: 2~ review plans identified as a New Site Plan with an April 13, 2004 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: 1. Re-orient the dumpster enclosures throughout to provide a minimum turning X radius of 60 feet to approach the dumpster and a minimum backing clearance of 60 feet, measured from the front edge of the dumpster pad. (LDR, Chapter 2, Section 1 !'J'2'b') 2. Relocate the banyan trees or if possible, trim up the branches of those trees X located near the locations of the proposed dumpster enclosures in order to provide the necessary vertical clearance for solid waste pickup. The trimming should be to the minimal extent possible in order to provide clearance but yet without beinl~ too excessive. PUBLIC WORKS - Traffic Comments: None X ENGINEERING DIVISION Comments: 3. All comments requiring changes and/or corrections to the plans shall be X reflected on all appropriate sheets. 4. Pemfits from the Florida DOT will be required for all work within the Federal X Hwy. right-of-way. 5. Indicate, by note on the landscape plan, that within the sight triangles there X shall be an unobstructed cross-visibility at a level between two and one-half (2 ~A) feet and eight (8) feet above the pavement (Chapter 7.5, Article II, Section 5.H.). 6. The medians on Federal Highway adjacent to this project have existing X irrigation and plant material belonging to the City of Boynton Beach. Any damage to the irrigation system and/or plant material as a result of the contractor's operations shall be repaired or replaced to the equivalent or better grade, as approved by the City of Boynton Beach, and shall be the sole responsibility of the developer. Please acknowledge this notice in your comments response and add a note to the plans with the above stated information. COA 05/05/04 3 DEPARTMENTS INCLUDE REJECT 17. Water and sewer lines to be owned and operated by the City shall be included X within utility easements. Please show all proposed easements on the engineering drawings, using a minimum width of 12 feet. The easements shall be dedicated via separate instrument to the City as stated in CODE Sec. 26-33(a). 18. This office will not require surety for installation of the water and sewer X utilities, on condition that the systems be fully completed, and given to the City Utilities Department before the first permanent meter is set. Note that setting of a permanent water meter is a prerequisite to obtaining the Certificate of Occupancy. 19. A building permit for this projeot shall not be issued until this Department has X approved the plans for the water and/or sewer improvements required to service this project, in accordance with the CODE, Section 26-15. 20. The LDR, Chapter 6, Article IV, Section 16 requires that all points on each X building be within 200 feet of an existing or proposed fire hydrant. Please demonstrate that the plan meets this condition. 21. Appropriate backflow preventer(s) will be required on the domestic water X service to the buildings, and the fire sprinkler line(s) if there are any, in accordance with CODE Sec. 26-207. 22. So'een the private liR station in accordance with City Standard G-4. X 23. All utility construction details shall be in accordance with the Utilities X Department's "Utilities Engineering Design Handbook and Conslxuction Standards" manual (including any updates); they will be reviewed at the time of construction permit application. Comments: None X POLICE Comments: None X BUILDING DMSION Comments: 24. Buildings, structures and parts thereof shall be designed to withstand the X minimum wind loads of 140 mph. Wind forces on every building or structure shall be determined by the provisions of ASCE 7, Chapter 6, and the provisions of 2001 FBC, Section 1606 (Wind Loads). Calculations that are signed and sealed by a design professional registered in the state of Florida COA 05/05/04 5 DEPARTMENTS INCLUDE REJECT For purposes of setting up property and ownership in the City computer, provide a copy of the recorded deed for each lot, parcel or tract. The recorded deed shall be submitted at time of permit revi.'ew. 31. At time of building permit application, submit verification that the City of X Boynton Beach Parks and Recreation Impact Fee requirements have been satisfied by a paid fee or conveyance of property (CBBCO, Chapter 1, Article V, Section 3(0). The following information shall be provided: · A legal description of the land; · The full name of the project as it appears on the Development Order and the Commission-approved site plan; · If the project is a multi-family project, the building number/s must be provided. The building numbers must be the same as noted on the Cmmrlission-approved site plans; · The number of dwelling units in each building; · The total amount being paid. 32. The full address of the project shall be submitted with the construction X documents at the time of permit application submittal. If the project is multi- family, then all addresses for the particular buildin[~.type shall be submitted. 33. Please note that changes or revisions to these plans may generate additional X comments. Acceptance of these plans during the TRC process does not ensure that additional comments may not be generated by the commission and at permit re,view. PARKS AND RECREATION Comments: 34. Recreation Facilities Impact Fee- the plans show 48 Multi-family traits. The X fee is calculated as follows: · 48 single family attached units ~ $771 ea. = $ 37,008 FORESTERfENVIRONMENTALIST Comments: 35. All shade and palm trees on the Plant List must be listed in the specifications X as a minimum of 12 feet to 14 feet in height, three (3) inch caliper at DBH, four and one-half (4~) feet off the ground, including multi-stem spocies and Florida #1 (Florida Grades and Standards manual). The height of the trees may be larger than 12 feet to 14 feet in order to meet the three (3) inch caliper requirement, or the four (4) foot, six (6), or eight (8) foot clear trunk specification (Chapter 7.5, Article II Section 5.C. 2). COA 05/05/04 7 DEPARTMENTS INCLUDE REJECT 47. The typical drawing of the freestanding outdoor lighting poles must include X the height and color / material. The design, style, and illumination level shall be compatible with the building design (height) and shall consider safety, function, and aesthetic value (Chapter 9, Section 10.F. 1.) 48. The subdivision wall sign(s) may not exceed 32 square feet in area (Chapter X 21, Article IV, Section 1.D.). The plans do not indicate the materials or colors used for the sign's letters. However, staff understands that the letter would be made of PVC (or other comparable material) and bronze in color. Staff also recommends that the wall be painted the same or similar to the building colors. 49. Indicate the building footprint of the closest building on the abutting X properties to the west, north, and south. ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD COMMENTS: Comments: 50. None X ADDITIONAL CITY COMMISSION COMMENTS: Comments: 51. To be determined. MWR/elj S:~Planning~SHARED~WP~PROJECTS~Southem Homes of Palm Beach~BAYFRON'F~NWSP 04-002~COA. doc VI'.-CONSENT AGENDA ITEM E.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 Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] April 7, 2004 March 15, 2004 (Noon.) [] June 1, 2004 May 17, 2004 (Noon) [] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31, 2004 (Noon) ~ [] May4,2004 April l9, 2004 (Noon) [] July6,2004 June l4, 2004 (Noon) "~ [] May 18, 2004 May 3, 2004 (Noon) I I July 20, 2004 July 5, 2004 (Noon) [] Administrative [] Legal crt NATURE OF [] Announcement [] New Business ro AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the May 18, 2004 City Commission Agenda under Consent Agenda. The Community Redevelopment Agency Board with a 5 to 0 vote, recommended that the subject request be approved. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-093. EXPLANATION: PROJECT: Oceanside (NWSP 04-004) AGENT: Carlos Ballbe, Keith & Ballbe, Inc. OWNER: Hector Garcia, Southern Homes of Palm Beach V, LLC LOCATION: West side of south Federal Highway, approximately 1,000 feet south of Old Dixie Highway. DESCR/PTION: Request for new site plan approval for 45 fee-simple townhomes and related site improvements on a 2.26-acre parcel in a proposed Infill Planned Unit Development (n'UD). PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: g~J N/A Develol~nt Oep~rt~neh[I~xrecto'r City Manager's Signature 151annir~g and~oninLt'I~ector City Attorney / Finance / Human Resources S:~Planning~SHARED\WPXPROJECTS~Southern Homes of Palm Beach\Oceanside~WSP 04-004~Agenda Item RequestOceanside NWSP 04-004 5-18- 04.dot S:~BULLETIN~ORMS~AGElqDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANN:[NG AND ZON]:NG D~¥]:STON MEMORANDUM NO. PZ 04-093 STAFF REPORT TO: Chair and Members Community Redevelopment Agency Board and City Commission THRU: Michael Rumpf Planning and Zoning Director FROM: Eric Lee .Johnson, A[CP Planner DATE: May 5, 2004 PRO.~ECT NAME/NO: Oceanside / NWSP 04-004 REQUEST: New Site Plan PRO3ECT DESCR~P'n~0N Property Owner: Southern Homes of Palm Beach IV, LLC Applicant: Southern Homes of Palm Beach IV, LLC Agent: Mr. Carlos .1. Ballbe / Keith & Ballbe, Tncorporated Location: 3655 North Federal Highway; west side of Federal Highway, approximately 1/8 mile south of Old Dixie Highway (see Location Map - Exhibit "A'~ Existing Land Use: Local Retail Commercial (LRC) Existing Zoning: Community Commercial (C-3) Proposed Land Use: Special High Density Residential (SHDR - 20 du/ac) Proposed Zoning: ]nfill Planned Unit Development (TPUD - 20 du/ac) Proposed Use: 45 fee-simple townhomes Acreage: 98,549 square feet (2.26 acres) Adjacent Uses: North: Developed commercial property (Victoria's Closet mini self-storage) wi~h a Local Retail Commercial (LRC) land use classification, zoned Community Commercia) (C-3); Staff Report - Oceanside (NWSP 04-004) Memorandum No PZ 04-093 Page 2 South: Vacant properly located in unincorporated Palm Beach County with a Commercial High Density (CH$) land use classification, zoned General Commercial (CG) and Residential Multi-family (RM); East: Right-of-way for Federal Highway, then further east is vacant commerdal properly located in unincorporated Palm Beach County with a Commercial High (CH/5) land use classification, zoned General Commercial (CG). West: Developed residential property located in unincorporated Palm Beach County with a Commercial High (CH/5) land use classification, zoned Residential Multi-family (RM). Site Characteristic: The subject properly is shaped like a parallelogram and is comprised of two (2) lots totaling 2.26 acres. As indicated on the survey, the site fronts on Federal Highway, just south of Victoria's Closet storage use project (COUS 02-004). The subject site is nestled in a pocket of properties both inside and outside the city limits. Any neighboring properties not located within the city are under Palm Beach County jurisdiction. Two (2)'years ago, Mr. Carlos Ballbe submitted a new site plan (NWSP 02-027) to construct a temporary, 3,200 square foot sales / construction trailer for Southern Homes of Palm Beach. The temporary sales / construction trailer is currently used as the "home base" for the applicant's multiple residential projects (i.e. Merano Bay, Coastal Bay Colony, Bayfront, and Oceanside) planned in the City of Beynton Beach. In addition to the sales trailer and related parking areas, the survey shows the site contains Cabbage Palm, slash pine, and some unidentified trees. The eastern portion of the site has been developed while the western portion remains undeveloped with native and exoUc vegetation. The survey from the previous staff report (Memo No. 03-036) indicated that the highest elevation is 10 feet - five (5) inches, located towards the southern portion of the site near the center. No elevations are indicated on this site plan's survey. BACKGROUND Proposal: Mr. Carlos Ballbe, representative for Southern Homes of Palm Beach IV, LLC, is proposing a new site plan for 45 fee-simple townhouse units. Approval of this project is contingent upon the approval of the corresponding request to rezone the property from C-3 to ]:PUD (see Exhibit"C"-CondiUons of Approval). Townhouses are permitted uses in the ]:PUD zoning district. The maximum density allowed by the Special High Density Residential (HDR) land use classificaUon is 20 du/ac, which would allow the developer a maximum of 45 units. The project would be built in one (1) phase. The staff report (Memo No. PZ03-036) for the sales trailer project indicated that the use of the trailer would cease after two (2) years. ]:t appears as though that esUmaUon was accurate as evidenced by this new site plan request. A billboard is located at the southeast corner of the property. It would be removed in conjunction with the development of the townhomes (see Exhibit"C"- CondiUons of Approval). Staff Repod - Oceanside (NWSP 04-004) Memorandum No PZ 04-093 Page 3 ANALYSZS Concurrency: Traffic: A traffic statement was sent to the Palm Beach County Traffic Division for concurrency review in order to ensure an adequate level of service. The Palm Beach County Traffic Division has determined that the proposed residential project is located within the Coastal Residential Exception Areas of the county, and therefore meets the Traffic Performance Standards of Palm Beach County. No building permits are to be issued by the city, after the 2005 build-out date. The County traffic concurrency approval is subject to the Project Aggregation Rules set forth in the Traffic Performance Standards Ordinance. Drainage: Conceptual drainage information was provided for the City's review. The Engineering Division has found the conceptual information to be adequate and is recommending that the review of specific drainage solutions be deferred until time of permit review, All South Florida Water Management District permits and other drainage related permits must be submitted at time of building permit (see Exhibit "C"- Conditions of Approval). School: The School District of Palm Beach County has reviewed the application and has determined that adequate capacity exists to accommodate the projected resident population. Driveways: The project proposes one (1) point of ingress / egress to the subject site, located on Federal Highway. The site plan (sheet SP1 of 2) shows that this point of access would be 25 feet in width and allow for right-turn-only egress. Four (4) inch wide double striping would separate the entrance and exit lanes. According to the Typical Pavement Section shown on the site plan details (sheet SP2 of 2), the private rights-of-way, internal to the development would be 60 feet in width. Each side (or half) of this right-of-way would consist of 12 feet of asphalt and 18 foot long 90-degree parking stalls for a total of 30 feet. Additionally, a four (4) foot wide pedestrian sidewalk would be placed in front of each dwelling unit for pedestrian circulation. Parking Facility: Two (2) and three (3) bedroom dwelling units require two (2) parking spaces per unit. The project proposes ,t5 residential units and therefore, 90 parking spaces would be required (see Exhibit"C"- Conditions of Approval). The plans show that the development would have a total of 92 parking spaces or two (2) excess parking spaces to be located in front of the clubhouse area. All parking spaces would be distributed throughout the project but each unit would have a row of parking spaces in close proximity to their front door. According to the Traffic Markings plan (sheet TM1 Of 1), the 90-degree parking stalls would be dimensioned nine (9) feet in width by 18-feet in length. The handicap parking spaces would be dimensioned 12 feet in width (with an extra 5-feet of striping) and 18 feet in length. Landscaping: According to the site plan tabular data (sheet SP2 of 2), the proposed pervious Staff Report - Oceanside (NWSP 04-004) Memorandum No PZ 04-093 Page 4 area would total 0.73 acres or 32.3% of the site. The Landscape (~uantiUes table indicates that 68.9% of the trees and 51.4% of the shrubs would be native. However, at the time of permitting, the landscape plan shall provide 50% naUve plant materials for the following categories: shade trees, palm trees, and shrubs / groundcover (see Exhibit "C" - Conditions of Approval). The site plan (sheet SP1 of 2) shows that a landscape buffer seven (7) feet - six (6) inches is proposed along the west (rear) property line. The landscape plan (sheet P-l) shows that a row of White Stopper hedges and Live Oak trees are proposed within this landscape buffer. The plans also show that three (3) Cabbage palm trees would be preserved within this buffer. The south (side) landscape buffer would be at least five (5) feet in width. This landscape buffer would contain a row of White Stopper hedges and a mix of Dahoon Holly, Live Oak, and Cabbage palm trees. The north (side) landscape buffer would be at least five (5) feet in width. This landscape buffer would contain Uve Oak, and White Stopper hedges. The east landscape buffer would be at least 12 feet in width. This buffer would contain more landscape material than the other buffers because it is adjacent to Federal Highway. This buffer would contain the following: five (5) Wax Privet, two (2) Medjool Date palms, five (5) Pink Trumpet, six (6) Royal palms, two (2) Tibouchina, 99 Dwarf Bouganvillea, 10 Japanese Yew (installed as hedges), 15 Blue Plumbago, 188 Lantana, 31 Wax Leaf.lasmine, and 119 Kings ManUe groundcover. The front of each unit would have Cabbage palms or Live Oak trees, White Stopper hedges, and Wax Leaf.lasmine groundcover. The air condiUoners would be located on the ground to the rear of each unit and those units located on the sides would be screened with various hedge material. Live Oak trees would surround the clubhouse area. Staff recommends installing extra shrub material in front of the pool fence (see Exhibit"C" - CondiUons of Approval). Building and Site: The applicant is requesting to rezone the property to the IPUD zoning district with a density of 19.9 dwelling units per acre. The maximum density allowed by 1PUD zoning district (Special High Density ResidenUal land use classification) is 20 dwelling units per acre. The IPUD zoning district allows buildings to reach a maximum height of 45 feet, however, a lesser height could be imposed if compatibility with the adjacent properties would be jeopardy. The proposed three (3)-story fee-simple townhouses would be 36 feet - nine (9) inches, measured at the mean roof height. The peak of the roof would be 43 feet - four (4) inches in height. According to the landscape plan, a C.B.S. wall, six (6) feet in height would be placed around the entire property. Although not dimensioned, it appears that the new wall would be setback at least nine (9) feet from the east property line (facing Federal Highway). The 45 dwelling units are proposed within fn~e (5) separate buildings on the 2.26- acre site. The plan proposes a mix of two (2) and three (3) bedroom units. Each of the five (5) buildings would contain varying unit types as well (Unit A, Unit B, or Unit C). According to the floor plans (sheets 12 and 13), the smallest unit would be 1,260 square feet in area and the largest unit would be 1,640 square feet. Staff Repod - Oceanside (NWSP 04-004) Memorandum No PZ 04-093 Page 5 The 1PUD zoning district has no actual building setback requirements, however, the buildings are arranged in such a way that they would exceed the basic development standards. On the site plan tabular data, the minimum setbacks are shown as follows: front - 10 feet, rear - 10 feet, and side - five (5) feet. However, the building labeled "Building 3" is shown on the site plan with a side setback of 11, a difference of almost six (6) feet. This is because the proposed setbacks are intended as minimum dimensions to be exceeded where possible. The buildings shall not encroach into the self-imposed minimum required setbacks. Staff concurs with this scenario and notes that the setback table shown on sheet SP2 of 2 regulates the project's minimum required setbacks. Each unit owner would be allowed to have a 30 square foot concrete patio in the rear yard. The concrete paUos would be 10 feet in length by three (3) feet in depth, resulting in seven (7) to eight (8) foot distance between it and the south property line. The tabular data on sheet 5P2 of 2 indicates that these rear patios would be setback eight (8) feet from the side and rear property lines. "Building i and 2" are proposed along the front property line. The buildings would be setback 12 feet from this eastern property line. "Building 1" would be setback five (5) feet from the north property line. Similarly, "Building 2" would be setback five (5) feet from the south property line. No concrete patios are proposed for these units. The site plan shows that "Building 5" would be setback at least 10 feet - six (6) inches from the north (side) property line. The concrete patios would be setback eight (8) feet from the north property line. Finally, "Building ~t" would be setback :[0 feet - six (6) inches from the west (rear) property line and 13 feet from the south (side) property line. The tabular data indicates that screened-roofed (and solid-roof) enclosures are not allowed. Any such proposal in the future would require a master plan modificaUon. The recreaUon area would be located near the center of the development. Zt would include a swimming pool and a clubhouse building. The elevation (sheet 1) shows that the building would have a mean roof height of 14 feet- 10 inches with the peak of the decorative cupola at 21 feet - six (6) inches. A six (6) foot high white aluminum fence would surround the enUre recreaUon area. Design: The proposed buildings and clubhouse resemble a Neo-Mediterranean design with Spanish "S" 331e roof. The majority of exterior walls of the buildings would have a smooth stucco finish with multiple color options. The varieties of Sherwin Williams paints are proposed as follows: Torchlight SW 637,t, Golden Oak SW 2824, and Ivory SW 6107. Ali buildings would be accentuated with faux balconies having aluminum railings, window shutters, stucco banding, and imitation keystone trim. All accent features such as entry doom, pre-cast concrete balustrades and caps, pre-cast columns, and all architectural enhancements such as raised trim and smooth stucco banding present a higher quality of architectural design and materials. A covered entry canopy is proposed at the main entrance along Federal Highway. Staff Report - Oceanside (NWSP 04-004) Memorandum No PZ 04-093 Page 6 Although not dimensioned, when scaled, the entry canopy would have a clearance of approximately 17 feet- six (6) inches. The bottom of this arch would be 12 feet - six (6) inches in height. The plans propose one (1) type of outdoor freestanding lighting fixture. The photometric plan detail (sheet PH1 of 1) shows that the light pole would be 20 feet in height. The material would be a square concrete pole. The color of the pole fixture is undetermined at this time. $ignage: The conceptual entrance elevation shows that a "Oceanside" sign would be located on the entry walls located along Federal Highway. However, the detail does not indicate the signage area, materials, or color. Staff recommends that the lettering be made of PVC and bronze in color. The wall shall be painted the same or similar to the building colors. The signs would have to comply with Chapter 21, Article IV, Section 1.D of the Land Development Regulations (see Exhibit "C"- CondiUons of Approval). RECOMMENDA'I'~ON: The Technical Review Committee (TRC) has reviewed this request for new site plan approval. Staff recommends approval of the site plan, contingent upon the successful rezoning (LUAR 0~-003) and also subject to satisfying all comments indicated in Exhibit "C" - Conditions of Approval. Any addiUonal conditions recommended by the Board or City Commission shall be documented accordingly in the Conditions of Approval. S:\Planning\SHARED\WP\PRO.1ECTS\Southern Homes of Palm Beach\Oceanslde\NWSP 04-004\Staff Report.doc OCEANSIDE: LOCATION MAP LEGEND · '"' City BoUndary Future Land Uses: LRC - Local Retell Commercial EXHIBIT"B" EXHIBIT "B" ,~ !- '-t .., 1'~. ~,~ ~ I' I II ~ ~: :: . . ,.,,~,,,~., ~ ,.~, *~ "' q~ ,~ ........ '~ ~j [H~I-I~ -:1~ I ~ ~._ ' ~x~ ~ '~-~ '~ '--~ ~ - EXHIBIT "B" -~ - - ' ' ...~ .... ..... :,, ,]i .............. EXHIBIT "B" PRELIMINARY DRAWINGS - NOT FOR CONSTRUCTION EXHIBIT "B" '~E LI M INA RY DRAWINGS - NOT FOR CONSTRUCTION EXHIBIT ."B" ii ~]i l:j:J- · y_ i l~i EXHIBIT "C" Conditions of Approval Project name: Oceanside File number: NWSP 04-004 Reference: 2"a review plans identified as a New Site Plan with a April 13, 2004 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: None X PUBLIC WORKS - Traffic Comments: 1. The minimum required outside turning radius for Fire/Rescue and Solid X Waste equipment is 55 ft. in accordance with the Fire Protection Code. Please ensure this requirement is met. ENGINEERING DIVISION Comments: 2. All comments requiring changes and/or corrections to the plans shall be X reflected on all appropriate sheets. 3. Permits from the Florida DOT will be required for all work within the Federal X Hwy. fight-of-way. 4. Show the locations of the proposed light poles on the site plan (Chapter 4, X Section 7.B.4.). 5. It may be necessary to replace or relocate large canopy trees adjacent to light X fmtures to eliminate future shadowing on the parking surface (Chapter 23, Article II, Section A. 1.b). 6. Indicate, by note on the landscape plan, that within the sight triangles there X shall be an unobstructed cross-visibility at a level between two and one-half (2½) feet and eight (8) feet above the pavement (Chapter 7.5, Article II, Section 5.H.). 7. Full drainage plans, including drainage calculations, in accordance with the X LDR, Chapter 6, Article IV, Section 5 will be required at the time of permitting. 8. Prior to issuance of a Land Development Permit provide a copy of the X homeowners association documents for review and approval. 9. All engineering construction details shall be in accordance with the applicable X City of Boynton Beach Standard Drawings and the "Engineering Design COA 05/05/04 2 DEPARTMENTS INCLUDE REJECT Handbook and Construction Standards" and will be reviewed at the time of construction permit application. UTILITIES Comments: 10. Prior to the issuance of a Land Development Permit or any building permits, X provide the cumulative effects of the sanitary sewer loading from the Bayfront, Oceanside, and Waterside developments on the city's sanitary system downstream of these projects. Any required system improvements, including upsizing lift station(s) and increasing main sizes will be the sole responsibility of the developer. 11. Palm Beach County Health Department permits will be required for the water X and sewer systems servinl~ this project (CODE, Section 26-12). 12. Fire flow calculations will be required demonstrating the City Code X requirement of 1,500 g.p.m, as stated in the LDR, Chapter 6, Article IV, Section 16, or the requirement imposed by insurance underwriters, whichever is greater (CODE, Section 26-16(b)). 13. The CODE, Section 26-34(E) requires that a capacity reservation fee be paid X for this project either upon the request for the Department's signature on the Health Department application forms or within 30 days of site plan approval, whichever occurs first. This fee will be determined based upon final meter size, or expected demand. 14. Comprehensive Plan Policy 3.C.3.4. requires the conservation of potable X water. As other sources are readily available City water shall not be allowed for irrigation. 15. Water and sewer lines to be owned and operated by the City shall be included X within utility easements. Please show all proposed easements on the engineering drawings, using a minimum width of 12 feet. The easements shall be dedicated via separate instrument to the City as stated in CODE Sec. 26-33(a). 16. This office will not require surety for installation of the water and sewer X utilities, on condition that the systems be fully completed, and given to the City Utihties Department before the first permanent meter is set. Note that setting of a permanent water meter is a prerequisite to obtaining the Certificate of Occupancy. 17. A building permit for this project shall not be issued until this Department has X approved the plans for the water and/or sewer improvements required to service this project, in accordance with the CODE, Section 26-15. COA 05/05/04 3 DEPARTMENTS INCLUDE REJECT 18. The LDR, Chapter 6, Article IV, Section 16 requires that all points on each X building be within 200 feet of an existing or proposed fire hydrant. Please demonstrate that the plan meets this condition. 19. PVC material is not permitted on the City's water system. All lines water X lines shall be made with Ductile Iron Pipe (DIP). 20. Appropriate backflow preventer(s) will be required on the domestic water X service to the buildings, and the fire sprinkler line(s) if there are any, in accordance with CODE Sec. 26-207. 21. All utility construction details shall be in accordance with the Utilities X Department's "Utilities Engineering Design Handbook and Construction Standards" manual (including any updates); they will be reviewed at the time of construction permit application. FIRE Comments: None X POLICE Comments: None X BUILDING DIVISION Comments: 22. Buildings, structures and parts thereof shall be designed to withstand the X minimum wind loads of 140 mph. Wind forces on every building or structure shall be determined by the provisions of ASCE 7, Chapter 6, and the provisions of 2001 FBC, Section 1606 (Wind Loads). Calculations that are signed and sealed by a design professional registered in the state of Florida shall be submitted for review at the time of permit application. 23. Every building and structure shall be of sufficient strength to support the X loads and forces encountered per the 2001 FBC, Section 1601.2.1 and Table 1604.1. Indicate the live load (pso on the plans for the building design. 24. Buildings three-stories or higher shall be equipped with an automatic X sprinkler system per F.S. 553.895. 25. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 26. At the time of permit review, submit details of reinforcement of walls for the X future installation of grab bars as required by the Federal Fair Housing Act Title 24 CFR, Part 100.205, Section 3, Requirement #6. All bathrooms w/thin COA 05~5~4 4 DEPARTMENTS INCLUDE REJECT the covered dwelling unit shall comply. 27. Submit a notarized affidavit on the letterhead of the property owner, company X or association in order to properly determine the impact fees that will be assessed for the one-story pool/clubhouse/recreation building. The letter shall list and contain an answer to the following questions: · Will the pool/clubhouse/recreation building be restricted to the residents of the entire project only? · Will the residents have to cross any major roads or thoroughfares to get to the pool/clubhouse/recreation building? · Will there be any additional deliveries to the site? · Will there be any additional employees to maintain and provide service to the site? Please have the applicant provide the City with a copy of the letter that will be sent to the impact fee coordinator. To allow for an efficient permit review, the applicant should request that the County send the City a copy of their determination of what impact fees are required for the pool/clubhouse/recreation building. 28. A water-use permit from SFWMD is required for an irrigation system that X utilizes water from a well or body of water as its source. A copy of the permit shall be submitted at the time of permit application, F.S. 373.216. 29. At time of permit review, submit separate surveys of each lot, parcel or tract. X For purposes of setting up property and ownership in the City computer, provide a copy of the recorded deed for each lot, parcel or tract. The recorded deed shalI be submitted at time of permit review 30. At time of building permit application, submit verification that the City of X Boynton Beach Parks and Recreation Impact Fee requirements have been satisfied by a paid fee or conveyance of property. The following information shall be provided: · A legal description of the land; · The full name of the project as it appears on the Development Order and the Commission-approved site plan; · If the project is a multi-family project, the building number/s must be provided. The building numbers must be the same as noted on the Commission-approved site plans; · The number of dwelhng units in each building; · The total amount being paid; (CBBCO, Chapter 1, Article V, Section 3(0). 31. Pursuant to approval by the City Commission and all other outside agencies, X the plans for this project must be submitted to the Building Division for review at the time of permit application submittal. The plans must incorporate all the conditions of approval as listed in the development order and approved COA 05/05/04 5 DEPARTMENTS INCLUDE REJECT by the City Commission. 32. The full address of the project shall be submitted with the construction X documents at the time of permit application submittal. If the project is multi- family, then all addresses for the particular building type shall be submitted. The name of the project as it appears on the Development Order must be noted on the building permit application at the time of application submittal. PARKS AND RECREATION Comments: 33. Recreation Facilities Impact Fee- the plans show 48 Multi-family units. X 45 single-family attached units x $771 each = $34,695 FORESTER/ENVIRONMENTALIST Comments: 34. All shade and palm trees on the Plant List must be listed in the description as X a minimum of 12 feet to 14 feet in height, 3 caliper inches at DBH (4 ½) feet off the ground), including multi-stem species and Florida #1 (Florida Grades and Standards manual). The height of the trees may be larger than 12 fee to 14 feet to meet the three (3)-inch caliper requirement, or the five (5) foot and six (6) foot clear mink specification (Chapter 7.5, Article 1I Sec. 5.C. 2.). 35. The applicant should show an elevation cross-section detail on the landscape X plan, indicating how the height of the proposed landscape material drawn to scale will visually buffer the two (2) proposed 3-story buildings from the heights of 14 feet to 40 feet along the South Federal Highway road right-of- wa),. 36. In the design, all shade and palm trees should receive irrigation from a X bubbler source (Chapter 7.5, Article II Sec. SA.). 37. Staff recommends installing the Live Oak trees (proposed in the interior X landscaping islands) at 16 feet. PLANNING AND ZONING Comments: 38. Approval of this site plan is contingent upon the accompanying request land X use amendment / rezoning (LUAR 04-003). This includes the proposed project density. 39. Each survey should be signed and sealed (Chapter 4, Section 7.A.). Copies X COA 05/05/04 6 DEPARTMENTS INCLUDE REJECT are not permitted. 40. The billboard shall be removed after the issuance of a certificate of occupancy X for the 19th townhouse unit. 41. The landscape plan shows that a wall is proposed along the east property line. X At the time of permitting, show the wall on the site plan. 42. The [PUD zoning district does not require five (5) separate parking spaces for X this type, size, and location of recreation area with this project. At the time of permitting, modify tabular data to reflect that the recreation area spaces are not required spaces. 43. Fifty percent (50%) of all site landscape materials must be native species X (Chapter 7.5, Article II, Section 5.P). At the time of permitting, on the landscape plan provide the overall percentage of native plant material by the following categories: canopy trees, palm trees, shrubs / accents, and groundcover to ensure compliance with this code requirement. 44. At the time of permitting, the typical drawing of the freestanding outdoor X lighting poles must include the height and color / material. The design, style, and illumination level shall be compatible with the building design (height) and shall consider safety, function, and aesthetic value (Chapter 9, Section 10.F.1.). 45. The subdivision wall sign(s) may not exceed 32 square feet in area (Chapter X 21, Article IV, Section 1.D.). The plans do not indicate the materials or colors used for the sign's letters. However, staff understands that the letter would be made of PVC (or other comparable material) and bronze in color. Staff also recommends that the wall be painted the same or similar to the building colors. 46. Staff recommends installing additional hedges in front of the pool area. X COMMUNITY REDEVELOPMENT AGENCY COMMENTS: Comments: 47. None X CITY COMMISSION COMMENTS: Comments: 48. To be determined. MWR/elj S:~Planning\SHARED\WP\PROJECTS\Southern Homes of Palm Beach\Oceanside~NWSP 04-004\COA.floc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Oceanside APPLICANT'S AGENT: Mr. Carlos Ballbe / Keith & Ballbe, Incorporated APPLICANT'S ADDRESS: 2201 West Prospect Road, Suite 100 Fort Lauderdale, FL 33309 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: May 18, 2004 TYPE OF RELIEF SOUGHT: Request new site plan approval to construct 45 townhouses on 2.26 acres in the IPUD zoning district. LOCATION OF PROPERTY: West side of South Federal Highway, approximately a 1/8 mile south of Old Dixie 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 Community Redevelopment Agency 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 headng stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 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~HARED\WI~PROJECTS~Southern Homes of Palm Beach\Oceans/debUg WSP 04-004~O. doc VI.-CONSENT AGENDA CITY OF BOYNTON BEAC] ITEM F 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 6, 2004 March 15, 2004 (Noon.) [] June 1, 2004 May 17, 2004 (Noon) [] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31, 2004 (Noon) [] May 4, 2004 April 19, 2004 (Noon) [] July 6, 2004 June 14, 2004 (Noon) 4:" ._~< [] MaylS, 2004 May 3, 2004 (Noon) [] July20,2004 July 5, 2004 (Noon) --< c3TM [] Administrative [] Legal ~ __c~-~ NATURE OF [] Announcement [] New Business ~ .~:z: AGENDA ITEM [] City Manager's Report [] Presentation to° r~_~ [] Consent Agenda [] Public Hearing ::x: [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Motion to approve the "CARRIAGE POINTE TOWNHOMES, A P.U.D." Record Plat, subject to the approval by H. David Kelley, Jr. PE/PSM (City Engineer and Surveyor & Mapper). EXPLANATION: Carriage Pointe Townhomes consists of 158 townhomes on a 15.5 acre parcel fronting on S.W. 35th Avenue and abutting Congress Avenue (see attached). Staff recommends that the City Commission approve the plat as presented subject to the final signatures of the city engineer and the mayor. PROGRAM IMPACT: Since it will be approximately thirty days before the plat can come before the commission again, staff recommends approval at this time. The land development permit will not be issued until the plat is acceptable for recording and subject to the receipt of all required permit fees and health department approvals. FISCAL IMPACT: None. ALTERNATIVES: Approve the plat with additional conditions. ~'fo~DepaT[n~He~ Signature City Manager's Signature Public Works/Engineering Division Department Name City Attorney / Finance / Human Resources S:~BULLETIN~:ORMS~AGENDA ITEM REQUEST FORM.DOC VL-CONSENT AGENDA ITEl4 G CITY OF BOYNTON BE. 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 6, 2004 March 15, 2004 (Noon.) [] June 1, 2004 May 17, 2004 (Noon) [] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31,2004 (Noon) [] May4, 2004 ^pril 19, 2004 (Noon) [] July 6, 2004 June 14, 2004 (Noon)(4~ [] Ivlay 18, 2004 May3, 2004 (Noon) [] July20, 2004 July 5, 2004 (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 "LARGO POINTE" Record Plat, conditioned on the approval being the certification of the plat document by H. David Kelley, Jr., PE/PSM (City Engineer and Survey & Mapper). EXPLANATION: The record plat review for this project commenced on October 23, 2003, to which the second and final review was completed on March 22, 2004. Largo Pointe is a replat of the remaining, undeveloped parcels of Christian Villas Plat 2, fronting on S.W. 19th Avenue, approximately 360 feet east of South Congress Avenue. Several plat preparation changes not withstanding, staffrecommends that the City Commission approve the plat as presented subject to the final signatures of the City Engineer and the Mayor. This development consists of 21 townhomes; see attached location map. PROGRAM IMPACT: The proposed development will continue to be delayed until the proposed record plat (and construction plans) have received technical compliance pursuant to the Land Development Regulations. The Land Development Permit (LDP) cannot be issued until the proposed record plat is acceptable for recording with the Clerk of the Circuit Court of Palm Beach County. Construction permitting commences after the issuance of the LDP. FISCAL IMPACT: None ALTERNATIVES: The proposed development will continue in abeyance until the proposed record plat is received in acceptable form, and the construction plans have been approved for permitting. ],.l/ ~r/o-~Zg~.~ ep ~~[L~~e ~i~'y Manager ' s Siguature Public W~rks - Engineering Division Department Name City Attorney / Finance / Human Resources S:~BULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC LOCATION MAP NOT TO SCALE:' VI.-CONSENT AGENDA CITY OF BOYNTON BEA ITEM H.. AGENDA ITEM REQUEST I Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to Ci~' Clerk's Office Meeting Dates in to City Clerk's Office [] April 6, 2004 March 15, 2004 (Noon.) [] June 1, 2004 May 17, 2004 (Noon) [] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 Ma)' 31, 2004 (Noon) [] May 4, 2004 April 19, 2004 (Noon) [] July 6, 2004 June 14, 2004 (Noon) [] May 18, 2004 May 3, 2004 (Noon) [] July 20, 2004 July 5, 2004 (Noon) [] Administrative [] Legal ~ ~c~.~ NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business ::~ co.-~ RECOMMENDATION: Approve the plat of ORCHARD ESTATES subject to installation of a fire hydrant to safety requirements (several lots are not within the minimum distance to a fire hydrant) prior to issuance of the first build~ permit. EXPLANATION: Mr. Walter Zill, owner and longtime resident, wishes to develop this portion of his land located just south of S.E. 27t~ Avenue between S.E.2na Avenue and the F.E.C.R.R., into seven equal lots. The lots are 79.45 feet wide by 150 foot deep and are zoned for either single family or duplex dwellings. See exhibit A attached. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: Approve the plat with conditions. ,~ (~ep~en~Hea~ Signature - City Manager's Signature Public Works/En~ineerin~ Division Deparm~ent Name City Attorney / Finance / Human Resources S:~BULLETIN~eORMS~a. GENDA ITEM REQUEST FORM.DOC VI.-CONSENT AGENDA CITY OF BOYNTON BEAC ITEM I. AGENDA ITEM REQUEST FL Requested CiD Commission Date Final Form Must be Turned Requested CiD' Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] April 6, 2004 March 15, 2004 (Noon.) [] June 1, 2004 May 17, 2004 (Noon) [] April20,2004 AprilS, 2004(Noon) [] June l5, 2004 May 31, 2004 (Noon) [] May4,2004 April l9, 2004 (Noon) [] July6,2004 June l4, 2004 (Noon) 2:~ :--Er} [] /vlay l 8, 2004 May 3, 2004 (Noon) [] July 20, 2004 July 5, 2004 (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 written report to Commission of purchases over $10,000 for the month of April 2004 for informational purposes. EXPLANATION: Per Ordinance, Chapter 2, Section 2-56.1 Exceptions to competitive bidding, Paragraph b, which states: "Further, the City Manager, or in the City Manager's absence, the Acting City Manager is authorize to execute a purchase order on behalf of the city for such purchases under the $25,000 bid threshold for personal property, commodities, and services, or $75,000 for construction. The City Manager shall file a written report with the City Commission at the second Commission meeting of each month listing the purchase orders approved by the City Manager, or Acting City Manager". PROGRAM IMPACT: Ordinance, Chapter 2, Section 2-56.1 has assisted departments in timely procurement of commodities, services, and personal property. Administrative controls are in place with the development of a special processing form titled "Request for Purchases Over $10,000" and each purchase request is reviewed and approved by the Department Director, Purchasing Agent, Assistant City Manager, and City Manager. FISCAL IMPACT: This Ordinance provides the impact of reducing paperwork by streamlining processes within the organization as defined in our City's Strategic Business Focus. This allows administration to maintain internal controls for these purchases, reduce the administrative overhead of processing for approval, and allow for more timely purchases to be made. ALTERNATIVES: Revert back to the old bid threshold of $10,000.00. , ) ~ Deputy Director of Financial Services City Manager's Signature Procurement Services ~ Department Name City Attorney / Finance / Human Resources S:~BULLET1NTFORMS'~AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH APPROVED REQUESTS FOR PURCHASES OVER $'10,000 FOR MONTH ENDED APRIL 2004 1. Vendor: Collins and Aikman Flooring Inc. Purchase Amount: $ 16,409.81 Requesting Department: Utilities Contact Person: David Ailstock Brief Description of Purchase: Replacement of carpet and tile on the second floor of the West Water Treatment Plant. Includes offices, lunchroom, meeting room, hallways, and laboratory rooms. The carpet is eleven (11) years old and badly stained and worn. Source for Purchase: State Contract #360-240-00-01 Fund Source: 401-5000-590-96-02 Renewal & Replacement 2. Vendor: Tropic Fence Inc. Purchase Amount: $ 16,867.70 Requesting Department: Golf Course Contact Person: Scott Wahlin Brief Description of Purchase: Replace 933 feet of existing fence along the west side of the golf course property. The fence is damaged beyond repair and needed replacement as soon as possible. Source for Purchase: PBC Bid #03-096/'1-S (piggy-back) Fund Source: 411-2911-572-99-16 Res. - Golf Course Improve. 3. Vendor: Champion Solutions Group Purchase Amount: $ 10,131.00 Requesting Department: Police Department Contact Person: Michael Munro Brief Description of Purchase: Purchase of a tape backup unit. This will allow for the backup of all Microsoft Servers, as well as, the system which currently runs the Computer Aided Dispatch/Records Management System. Police Department will use a RS6000, already in inventory, to run the backup system, and will use the old Novell Server to run the Anti-Virus Software. Source for Purchase: State Contract #250-0000-03-1 Fund Source: 001-2110-521-64-15 Computer Equipment 6. Vendor: More Direct Purchase Amount: $ 16,605.00 Requesting Department: Police Department Contact Person: Michael Munro Brief Description of Purchase: Purchase of twelve (12) laptop computers. This purchase is federally funded from the Local Law Enforcement Block Grant (LLEBG). Source for Purchase: Three Written Quotations Fund Source: 105-3402-513-64-15 Computer Equipment The purchases presented in this written report were approved in accordance with the provisions of Ordinance 2.56, and are now being presented to Commiss~io~~ City Manager Approval: Date: ,~_ ~d~C~ Presented to Commission for information on May 18, 2004. lofl VI.-CONSENT AGENDA ITEM j. 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 6, 2004 March 15, 2004 (Noon.) [] June 1, 2004 May 17, 2004 (Noon) [] April20,2004 AprilS, 2004(Noon) [] JunelS, 2004 May 31, 2004 (Noon) ;:~ O''el [] May4,2004 April l9, 2004 (Noon) [] July6,2004 June l4, 2004 (Noon) [] May18,2004 May 3, 2004 (Noon) [] July20,2004 July 5, 2004 (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 approve the "SURPLUS VEHICLE/EQUIPMENT LIST" as submitted by the Warehouse Manager and allow for the sale of same. EXPLANATION: Procurement Services has reviewed the "SURPLUS VEHICLE/EQUIPMENT LIST" as submitted by the Warehouse (see attached memos). Utilizing the City of Boynton Beach disposal process for surplus equipment will allow the equipment to be auctioned and generate revenues to the Utility Funds. There are three (3) EMU Submersible Pumps that are obsolete and have been replaced with E.K. Phelps pumps. There are two (2) generators, a DMT Generator serial #4015945 at lift station #316 and a Cummins generator at lift station #319 serial #D0934020x02 that are not operable. Procurement Services requests Commission's review, evaluation and approval to sell the surplus property. PROGRAM IMPACT: The disposal of surplus equipment will provide inventory control maintenance and allow for receipt of revenues through a process monitored by Procurement Services. FISCAL IMPACT: The revenues generated from the sale of surplus equipment will be placed in the Utility Surplus Fund in the following account: Revenue Account Number: Account Description: 401-0000-365-01.00 Sale of Surplus Equipment ALTERNATIVES: Maintain the equipment in inventories with high maintenance costs that could conceivably impact operations due to down time for repairs.~/~~LO~~ Deputy Director of Financial Services ' 'City Manager's Signature Procurement Services Department Name City Attorney / Finance / Human Resources S:LBULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC C: Dominic DeMauro - Warehouse Manager Barb Conboy- Utilities Manager Mark Bobich - Utilities Jim Hart - Utilities File ~' RECEIVED The ¢in~ of ~pe ~ ~ Boynton Beach ~~ Finance Department WAREHOUSE DIVISION TO: Bill Atkins, Deputy Director of Financial Services FROM: Dominic DeMauro, Warehouse Manager ~ DATE: April 20, 2004 SUBJECT: EMU SUBMERSIBLE PUMPS Please go to Commission for approval to sell the following three pumps on Ebay: EMU 53.6 HP SUBMERSIBLE PUMP EMU 120 HP SUBMERSIBLE PUMP EMU 120 HP SUBMERSIBLE PUMP The Utilities division are no longer using EMU pumps. These pumps have been replaced by E.K. Phelps pumps. They are in working order but need some minor repairs. The contact person will be Jim Hart, his phone number is 742-6422. Jim suggested the bid begin at $5,000.00 per pump. Pictures of the pumps were forwarded to you yesterday along with the generators. If I can be of further assistance to you please give me a call at 742-6324. CC: Diane Reese - Finance Director Barb Conboy - Utilities Manager Jim Hart - Utilities Th¢ ¢i0~ of RECEIVED Boynton Beach APR 2 ! 201~ Finance Depa~ment WA~HOUSE DIVISION TO: Bill Atkins, Deputy Director of Financial Services __4 FROM: Dominic DeMauro, Warehouse Manager I~ DATE: April 19, 2004 SUBJECT: Generator Please go to Commission for approval to sell the following two generators on Ebay: DMT Generator - List Station 316 - Serial # 4015945 Cummins Generators - List Station 319 - Serial# D0934020X02 These two generators have some value but are not in working order. The generators are stored at Utilities on Woolbright. The contact person if someone wants to view the generators will be Mark Bobich (742-6420). I am forwarding you a copy of the fixed asset transfer from Utilities to the Warehouse. I am also sending you some camera-ready pictures that were sent to me, which I will send through email. CC: Diane Reese - Finance Director Barb Conboy - Utilities Manager Mark Bobich - Utilities VI.-CONSENT AGENDA CITY OF BOYNTON BEA, ITEM K. 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 Oflicc Mccting Dates in to City_ Clerk's Office [] April 6, 2004 March 15, 2004 (Noon.) [] June 1, 2004 May 17, 2004 (Noon) [] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31, 2004 (Noon) [] May 4, 2004 April 19, 2004 (Noon) [] July 6, 2004 June 14, 2004 (Noon) [] May lg, 2004 May 3, 2004 (Noon) [] July 20, 2004 July 5, 2004 (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: Confmnation of purchase of 9.3 acre parcel of property at SE corner of Highridge and Gateway for Fire Station and Police Facility. EXPLANATION: On April 7, 2004, the City Commission unanimously authorized staffto proceed with the contract for the purchase of the subject property. (excerpt of minutes are attached.) The appraisals have been complete& One appraisal is in the amount of $3,886,000.00 and the second is in the amount of $3,475,000.00. In conformity with Section 166.045(b) of the Florida Statutes (2003) if the agreed upon purchase price exceeds the average appraised price of the two appraisals, the City Commission is required to approve the purchase by an extraordinary vote (4/5). In light of the fact that the purchase price is $4,000,000.00 the City Commission must approve the purchase by 4/5 vote. PROGRAM IMPACT: The purchase of the property will facilitate construction of a fire station to serve the NE Quadrant and to move the police facilities out of a hurricane hazard area. FISCAL IMPACT: The project funding has been based on the $4.0 M purchase cost. ALTERNATIVES: Do not authorized the purchase of the property and ~ations. Deparlment HeM's Signature City Manager's Signature Department Name City Attorney / Finance / Human Resources HeeUng Hinut~s Regular City Commission Heeting ~vnt~ ~. Fbrk~_ A~d~ 7. 20O4 Mayor Taylor asked whether the agent was agreeable to all condrdons. Mr. Rumpf stated that she was. Commissioner McCray moved to approve. Commissioner NcKoy seconded the motion that carried unanimously. D. Special Warranty Deed conveying title from the Qty of Boynton Beach to Habitat for Humanity of South Palm Beach County, Inc. for Lot 2, Block 1.2, Happy Home Heights; and Special Warranty Deed conveying UUe from Habitat for Humanity of Boyn~ Hills (Propom~ Rem~lution No. R04-050) C:harle~ RX~ a volunteer with Habitat for Humnity, said that Habitat for Humanity owns the two lots to the east of the one they are asking to be deeded over to them. They would return the lot given to them by the City in 2002 because it is too small to build on. They will then be able to build two homes for people in need. Commissioner McCray moved to approve. Motion was seconded by Commissioner Ensler and carried unanimously. C2TY MANAGER'S REPORT: A. Pro~ Re~olution No. R04-O5~ Re: City Commission approval of a contract and addendum for purchase and sale of a 9.3=~ acre site at the comer of Gateway Boulevard and High Ridge Road, subject to successful completion of all due diligence on the acquisition City Manager Bressner explained that this property is vacant property located on the southeast comer of Gateway Boulevard and High Ridge Road and is zoned planned industrial. The C'~y is proposing to acquire this property for the constnJction of a fire station and construction of a future public safety building. Staff has been looking for property for a northeast fire station for well over a year. To acquire property in this area Just east of z-95 would require relocation of residents. The average cost for assembling property with relocation east of Z-95 ranges from $Z9.67 to $32.6! a square foot. The cost of this property is $~0.67 per square foot. The action that is requested is to authorize the purchase of the properb/and consider funding the property by rolling the cost into the bond Issue. This would save $~70,000 in interest costs. Commissioner McCray asked regarding accessing 1-95 from this location. Qty Manager Bressner responded that this location would require a right turn onto Gateway Boulevard to go over to 1~-95 and provide service east of ]-95. Staff specifically looked at this have required a left tum. City Hanager Bressner also explained that the County is working on Hee~ng Hinutes Regular City Commission Heeting ~ L,~eh. Florida .. Aoril 7. 20434 development of traffic signal preemption that provides to bona fide emergency vehides the ability to override a traffic signal to get a green light. Zf deployed, it is estimated that response time for every emergency call would be cut by 45 seconds. This preemption would probably not take place for another 2¥~ years. Commissioner McCray moved to authorize the City Manager to proceed to purchase the property. Commissioner McKoy seconded the motion that carried unanimously. B. Propommd Re~ol~ ~ R04-O52 Re: Issuance by the City of Public Service Tax Revenue Bonds, Series 2004, not exceeding $19,000,000 in aggregate prindpal amount, to finance various capital expenditures of the CRy and to refinance the City's Public Service Tax Refunding Revenue Bonds, Series 1993 City Manager Bressner explained that the City Commission went through a series of public meetings after the 2003 general obligation bonds did not pass. They requested that City staff come back with a finandng plan that would allow the CRy to proceed with as many projects as possible but not to borrow an ex~ve amount. With borrowing $8.6M for these projects, a fund balance cash reserve of $6.5M and a projection of $3.2M in grants over the next 36 months, the total sources would be $18.3M. The projects that would be funded with this would be as follows: Ubrary expansion $6.1H Wilson Center $2.4H Interim restoration of Old High School $300,000 Intracoastal Park Oubhouse $1.8M .laycee Park purchase $3.4M Southeast Neighborhood Park $300,000 Phase 3, Senior Center $6.50,000 Oceanfront Park Improvements $502,000 Land purchase for Wilson Park $350,000 Renovation & refurbishment of Wilson Pool $1.3M Renovation & improvement of Wilson Park $379,000 This is approximately $18M worth of projects. Oty Manager Bressner asked that in addrdon to the $8.6M, funds for the purchase of property for the tim station be induded in the overall bund issue. Mark Raymond of Iqayle Flanagan has been the City's bond counsel since 1986. He explained that this proposed bond issue could be broken down into three components - $8.6M of new money to finance the capital improvement projects, new money of approximately $2.9M for the tim station property and a refunding of the 1993 series bonds. 12 VIIL-PUBLIC HEARING CITY OF BOYNTON BEA( ITEM A. AGENDA ITEM REQUEST FL. .... 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 Meefin~ Dates in to City Clerk's Office [] April 7, 2004 March 15, 2004 (Noon.) [] June 1, 2004 May 17, 2004 (Noon) [] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31, 2004 (Noon) [] May4,2004 April l9, 2004 (Noon) [] July6,2004 Juneln, 2004(Noon) ~ ..~-.~ [] May 18, 2004 May 3, 2004 (Noon) [] July 20, 2004 July 5, 2004 (Noon) [] Administrative [] Legal aa. 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 onlthe May 18, 2004 City Coi~i~,ission Agenda under Public Hearing. The Coaiaiunity Redevelopment Agency Board with a 5 to 0 vote, recomaiended that the subject request be approved. For further details pertoining to the request, see attached Department of Development Memorandum No. PZ 04-100. EXPLANATION: PROJECT: Bayfront (ANNEX 04-001) AGENT: Carlos Ballbe, Keith & Ballbe, Inc. OWNER: Hector Gareia, Southern Homes of Palm Beach IV, LLC LOCATION: West side of South Federal Highway, approximately oneTquarter mile south of Old Dixie Highway DESCRIPTION: Request to annex 2.46 acres of property in connection with the request to build 48 fee- simple townhomes and related site improvements. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A DevelolJ(neni De~rtment Director City'Manager's Signature' Planning and Zo,~'Director City Attorney / Finance / Human Resources S:Wianning~SHARED\WI~RO~u~ Homes of Palm Bcach~BAYFRO~EX 04-001~Ag~.nda Item R~quest Bayfront ANNEX 04-001 5-18- 04.dot S:~BULLETINWORMS~AGENDA ITEM REQUF, ST FORM.IX)C 1 ORDINANCE NO. 04- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON 4 BEACH, FLORDA, ANNEXING 2.46 ACRES OF 5 LAND THAT IS CONTIGUOUS TO THE CITY LIMITS 6 WITHIN PALM BEACH COUNTY AND THAT WILL, 7 UPON ANNEXATION, CONSTITUTE A 8 REASONABLY COMPACT ADDITION TO THE CITY 9 TERRITORY, PURSUANT TO ARTICI.E I, SECTION 7 10 (32) OF THE CHARTER OF THE CITY OF BOYNTON 11 BEACH, FLORIDA, AND SECTIONS 171.044, AND 1_2 171.062(2), FLORIDA STATUTES; PROVIDING THAT 1_3 THE PROPER LAND USE DESIGNATION AND 14 PROPER ZONING OF THE PROPERTY SHALL BE 15 REFLECTED IN SEPARATE ORDINANCES TO BE 1_ 6 PASSED SIMULTANEOUSLY HEREWITH; 17 PROVIDING FOR CONFLICTS, SEVERAB]LITY, 18 CODIFICATION AND AN EFFECTIVE DATE; 19 PROVIDING THAT THIS ORDINANCE SHALL BE 2 0 FILED WITH THE CLERK OF THE CIRCUIT COURT 21 OF PALM BEACH COUNTY, FLORIDA, UPON 2 2 ADOPTION. 23 2 4 WHEREAS, the Comprehensive Plan for the City of Boynton Beach requires the 2 5 development of an Annexation Program; and 2 6 WIIEREAS, Southern Homes of Palm Beach IV, LLC, through its agent, Carols 27 J. Balbe/Keith & Balbe, Inc., as owner of the property more particularly described 2 8 hereinafter, has heretofore filed a Petition, pursuant to Section 9 of Appendix A-Zoning, 2 9 of the Code of Ordinances, City of Boynton Beach, Florida, for the purpose of annexing 3 0 a certain tract of land consisting of approximately 2.46 acres; and 31 WHEREAS, the City of Boynton Beach hereby exercises its option to annex the 32 following tract of land as hereinafter described, in accordance with Article I, Section 7 33 (32) of the Charter of the City and Section 171.044, and 171.062(2), Florida Statutes; 34 and 3 5 WI-IEREAS, said tract of land lying and being within Palm Beach County is S:\CA\Ordinances\Plannin~\Arinexations\Annexation - Bayfront.doc 1 contiguous to the existing city limits of the City of Boynton Beach, and will, upon its 2 annexation, constitute a reasonably compact addition to the City territory. 3 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION 4 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 5 Section 1. That each and every Whereas clause is tree and correct. 6 Section 2. Pursuant to Article I, Section 7 (32) of the Charter of the City of 7 Boynton Beach, Florida and Section 171.044, Florida Statutes the following described 8 unincorporated and contiguous tract of land situated and lying and being in the County 9 of Palm Beach, Florida, to wit: 10 Lots 56 & 57, "Amended Plat of Tradewind Estates" according to the Plat thereof as 11 recorded in Plat Book 21, Page 73 of the Public Records of Palm Beach County, Florida, l 2 Less a portion of Lot 57 for Right-of Way of State Road No. 5 as shown on State of Florida 13 State Road Department right-of-way map section No. 9301-205. 14 15 CONTAINING APPROXIMATELY 2.46 ACRES OF LAND 16 17 is hereby annexed to the City of Boynton Beach, Florida, and such land so annexed shall 1 $ be and become part of the City with the same force and effect as though the same had 19 been originally incorporated in the territorial boundaries thereof. 2 0 Section 2: That Section 6 and 6(a) of the Charter of the City of Boynton Beach, 21 ~orida, is hereby amended to reflect the annexation of said tract of land more particularly 2 2 lescribed in Section 1 of this Ordinance. 23 Section 3: That by Ordinances adopted simultaneously herewith, the proper City 24 '~oning designation and Land Use category is being determined as contemplated in Section 2 5 [71.162(2),. Florida Statutes. 2 6 Section 4. All ordinances or parts of ordinances in conflict herewith are hereby 2 7 epealed. 28 Section 5: Should any section or provision of this Ordinance or any portion thereof S: \CA\Ordinances\Planning\Annexations\Annexation - Bayfront.doc 1 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 2 of this Ordinance. 3 Section 6: This Ordinance shall not be passed until the same has been advertised 4 two (2) consecutive weeks in a newspaper of general circulation in the City of Boynton 5 Florida, as required by the City Charter and Section 171.044, Florida Statutes. 6 Section 7. This ordinance shall become effective immediately upon passage. 7 Section 8. Specific authority is hereby given to codify this Ordinance. 8 Section 9. This ordinance, after adoption, shall be filed with the Clerk of the 9 Circuit Court of Palm Beach County, Florida. 10 FIRST READING this __ day of ,2004. 11 SECOND, FINAL READING and PASSAGE this __ day of ,2004. 12 CITY OF BOYNTON BEACH, FLORIDA 13 14 15 Mayor 16 17 18 Vice Mayor 19 20 21 Commissioner 22 23 24 Commissioner 25 2 6 ATTEST: 2 ? Commissioner 28 2 9 City Clerk 30 31 S:\CA\Ordinances\Planning\Annexations\Annexation - Bayfront.doc DEVELOPMENT DEPARTMENT PLANN]~NG & ZONZNG DIV~S];ON MEMORANDUM NO. PZ 04-100 TO: Chairman and Members Community Redevelopment Agency Board, Nayo~mmission FROM: Dick I-~_~bh, AICP Senioi"Planner THROUGH: Michael W. Rumpft~'~ Director of Planning and Zoning DATE: May 5, 2004 PRO.1ECT NAME/NUMBER: BayfTont/ANEX 04-00:[-LUAR 04-00! RE(~UEST: To annex the property, amend the Future Land Use Designation from C'1-1/5 (Palm Beach County) ~o Special High Density Residential (20 du/ac) and rezone from GC General Commerdal (Palm Beach County) to l~nflll Planned Unit Development ([PUD). PROTECT DESCR/P'I/ON Property Owner: Southem Homes of Palm Beach V, LLC Applicant/Agent: Southem Homes of Palm Beach V, LLC/Carlos .1. Ballb~ of Keith & Ballb~, :[nc. Location: West side of South Federal Highway, approximately one-quarter mile south of Old Dixie Highway. (Exhibit "A") Parcel Size: +2.46 acres Existing Land Use: CH/5 Commercial High :Intensity with an underlying residential density of 5 dwelling units per acre (du/ac) (Palm Beach County) Existing Zoning: CG Commerdal General (Palm Beach County) Proposed Land Use: Special High Density Residential (20 du/ac) Proposed Zoning: :[PUD :[nfili Planned Unit Development Proposed Use: 48-unit apartment community Page 2 ~'~ File Number: LUAR 04-001-ANEX 04-001 Bayf~ont Adjacent Uses: North: Property within the city of Boynton Beach designated Local Retail Commercial (LRC) and zoned C-3 Community Commerdal occupied by a single-family residence. South: To the southeast, developed property (motel) in unincorporated Palm 8each County designated CH/5 and zoned CG. To the southwest, property within the City of 8oynton Beach designated General Commerdal (GC) and zoned C-4 General Commercial. East: The right-of-way of South Federal Highway, then vacant property in unincorporated Palm Beach County designated MR-5 Medium Density I~esidential (5 du/ac) and zoned EH-Multi-Family Residential. West: To the northwest, developed property (church) within the City of Boynton Beach designated General Commercial (GC) and zoned C-~ General Commercial. To the southwest, property in unincorporated Palm Beach County designated CH/5 and zoned CG occupied by a single-family dwelling. EXECUTIVE SUMMARY Staff recommends approval of the requested land use amendment and rezoning for the following reasons: 1. The request is consistent with the objectives of the City's annexation program, relevant polides in the Comprehensive Plan, and the adopted FederaIH/ghway Corridor Community Redevelopment Plan. 2. The requested land use amendment and rezoning will allow the development of a project that will be a benefit to the dty, both fiscally and esthetically. 3. The proposed development meets the standards expected when a project is developed in the [PUD zoning district. ~t. There is a long-standing lack of demand for retail commerdal land in the vidnity and a high proven demand for residential land use in the Federal Highway corridor. BACKGR~I,IND When the Comprehensive Plan was adopted in 1989, it was envisioned that the properties along the Federal Highway Corridor south of the intersection of Old Dixie Highway would eventually be annexed into the City and form a retail-oriented corridor, consistent with the land use designations and zoning categories assigned by beth the City and Palm Beach County and in effect at that time. For example, the ~Problems and Opportunities" section of the support documents suggested that an appropriate use in this area would be new car dealerships. Page 3 File Number: LUAR 04-O01-ANEX 04-001 Bayfront Over the past several years, the City has seen a shif~ from the perpetuation of small commerdal uses along the corridor to residential uses, particularly those with densities greater than 10.8 units per acre. Higher density development was fadlitated by the City's Comprehensive Plan through the establishment of the Spedal High Density Residential classification, intended to support redevelopment in the coastal area. This type of development furthered the pattem that existed in the corridor, south of Woolbdght Road, before the adoption of the current Comprehensive Plan. At the time of its adoption, there were already 4 developments that exceeded 10.8 du/ac with densities ranging from 21 du/ac (Colonial Club) to 32.2 du/ac (Seagate). The shift has served to replace marginal and sub-standard commercial uses with residential projects that have enhanced the esthetics of the corridor, as well as the city's tax base. The remaining viable neighborhood-serving commerdal uses are being concentrated into nodes located at major intersections along Federal Highway--Woolbdght Road, Gulfstream Boulevard, and Old Dixie Highway. The request for a land use amendment and rezoning for the subject property continues this trend. PRO3ECT ANALYS~S The parcels, which are the subject of this land use amendment, total 2.46 acres. Because of the size of the property under consideration, the Flodda Department of Community Affalrs classifies this amendment as a "small scale" amendment. A ~small-scale" amendment is adopt~cl pdor tx) forwarding to the Florida Department of community Affairs and is not reviewed for compliance with the state, regional and local comprehensive plans pdor to adoption. State annexation law allows the annexation of endaves that are less than 10 acres without the consent of property Owners; however, in this instance, the annexation is at the request of the property owner. Currently, objecUves .of the annexation program indude annexing all enclaves less than 10 acres in all areas of the city that meet adopted level-of-services standards, and incrementally annexing enclave properUes with the intent to reduce them below the 10-acre threshold. Pursuant to Section 9.C.2(2) of the Land Development Regulations, staff is not required to review the petition against the eight (8) criteda by which land use amendments and rezonings are to be reviewed as Indicated in Section 9.C.7. where the proposed zoning is consistent with zoning or land use recommendations contained in the comprehensive Plan. Usually in those instances, staff analysis relates only to' consistency with other relevant porUons of the Comprehensive Plan, the dty's annexation program and service capability. In this Instance, however, the analysis serves to strengthen the case for requesting a land use different from that of abutting properties. a. Whether the proposed rezon/ng would be cons/stent w/th applicable comprehensive p/an po/ides/ndud/ng but not I/m/ted to, a proh/b/b'on against any increase in dwell/rig unit dens/ty exceeding 50/n the hurricane evacuation zone w/th~ written approval of the Palm Beach County Emergency Planning ~'vis/on and the City's dsk manager. The planning department shall a/so recommend I/mitatJon$ or requirements, which would have to be imposed on subsequent development of the property,/n order to comply ~¢th po//des contained in the comprehens/ve p/an. Page 4 Rle Number: LUAR (H-OO1-ANEX Oa,-O01 Bayfront Over the past several years, the Oty has seen a shift from the perpetuaUon of small commercial uses along the corddor to residential uses, particularly those with densities greater than 10.8 units per acre. Higher density development was facilitated by the City's Comprehensive Plan through the establishment of the Special High Density Residential dassificaUon, intended to support redevelopment in the coastal area. Land use amendments and rezonings, which change designations from commerdal use to residential use are particularly consistent with two polides in the Comprehensive Plan: "Pollo/1.17.1 The City shall conbhue to d/scourage add/t~ona/ commerda/ and industn'al uses beyond those which are currently shown on the Future Land Use Map, except where access is greatest and impacts on residential land uses are least$' and "Pollo/1.1g.7 The Oty shall continue to change the land use and zoning to permit only residenb'al or other non-commerdal uses in areas where the demand ~or commerdal uses ~dll not increase, parb'culady in the Coastal Area." The subject property is located in Planning Area V (Entrances to the City) in the Federal H/_qhway Corddor Community Redevelopment P/an, which was adopted by the City on May 16, 2001. The plan's recommendaUons for this planning area include the following: "Encourage a variety of housing. Develop intensity standards that allow for a variety of housing styles and types at intensities mat will assist in supporting the downtown area and general economic expansion." (p. 80); and ~Require a transition to the adjacent gateway neighborhoods. Create development standards in the dty entrance communities that establish a logical transition to the gateway communities. Building scale, massing and placement should be less intense than that of the adjacent planning areas, but substantial enough to announce an arrival in the City." (p. 81) In concert with the recommendations tired, the residential density of the proposed development will help to support the downtown commercial core, as well as the recognized commerdal nodes in the corridor. [n addition, it is proposed at a scale and massing that will provide a transition into the downtown area, where development standards allow greater dens'~ies and more intense.massing of buildings. b. Whether the proposed rezoning would be contrary to the established land use pattern, or would create an Isolated dfstn'ct unrelated to adjacent and nearby distn'cts, or would consb'tute a grant of spec/al pri~'/ege to an/nd/~dua/properly owner as contrasted w/th the protection of the pub/lc we/fare. The changing development pattern in the Federal Highway corridor has seen an increase in the number of residential developments with densities greater than 10.8 du/ac. This type of development furthers the pattern that existed in the corridor, south of Woolbdght Road, before the adoption of the current Comprehensive Plan. At the time of its adoption, there were already ~, developments that exceeded :t0.8 du/ac with densities ranging from 21 du/ac (Colonial Club) to 32.2 du/ac (Seagate). The shift in the development pattern has served to replace marginal and sub-standard commercial uses with residential projects that have been an Page 5 File Number: LUAR 04-001-ANEX 04-001 Bayfront enhancement to the esthetics of the corridor, as well as the City's tax base, supporting existing commercial nodes and the downtown core. The requested map amendment and rezoning would serve to increase the range of housing opportunities available in the redevelopment area. At the same time, they will Increase allowed residential density adjacent to existing single family homes. ' c. Whether changed or changing cond/Eon$ make the proposed rezoning desirable. The request for conversion of parcels designated for commercial uses to mulU-family residenUal for condominium and townhouse development has become more prevalent in the Federal Highway corridor in the last four years. While not the case in this instance, often the conversion serves to remove marginal, and someUmes undesirable, commercial uses. AddiUonally, adoption of the [PUD regulations in .lune 2002, provided an attractive incentive for redevelopment and infill projects on smaller parcels in the Federal Highway corridor. These two changes in condiUons serve to make the proposed rezoning desirable. d. Whether the proposed u~e would be compab'b/e w/th ub'/ity systems, roadwa)~, and other public faci#b'es. The applicant has provided a traffic analysis that indicates that if the property were redeveloped as a commerdal use, it would generate 3,2~,7 average daily trips compared to ~139 average dally trips generated by the proposed mulU-family development, or 2,808 fewer trips per day. According to link analysis, preformed by Kimley-Hom and Assodates during the TCEA applicaUon process, the Federal Highway roadway from 23r~ Avenue to George Bush Boulevard has a daily capadty of 29,300 trips at LOS "D'; with Average Annual Daily Trips (AADT) for the year 2003 at 22,772. Based on the City's adopted Levels of Service (LOS) for potable water (200 gallons per capita per day [GPCD]) and sewer service (90 GPCD) the projected demands are expected to be 20,640 gallons for water and 9,288 GPCD sewer service. The Qty's utility plants currently have unreserved capacity to serve the projected demands of the proposed project. W'~ch respect to solid waste, the Palm Beach County Solid Waste Authority has stated that adequate capacity exists to accommodate the county's munidpalities throughout the :tO-year planning pedod. The School District of Palm Beach County has reviewed the application and has issued a statement that the project complies with the adopted Level of Service (LOS) for school concurrency. The concurrency determination is valid for one year from IVlarch 24, 2004, the date of issuance. Lastly, drainage will also be reviewed in detail as part of the site plan approval process, and must satisfy all requirements of the city and local drainage permitting authorities. Page 6 Rle Number: LUAR 04-001-ANEX 04-001 Bayfront e. Whether the proposed rezon/ng would be compab'ble w/th the current and future use of adjacent and nearby properb'es, or would affect the property values of adjacent or nearby properb'es. The proposed rezoning will be compaUble with adjacent and nearby properties, and will only serve to increase the value of these properties. f. Whether the property/s physically and economically developable under the exfsO'ng zoning. The property is currenUy vacant and most probably could be developed; however, with annexaUon into the City, the Palm Beach County zoning must be changed to a city zoning district. C-3 Community Commercial would most neady correspond with Palm Beach County's Commercial General zoning district, and the property could be developed under C-3 Commercial zoning. g. Whether the proposed rezon/ng is ora scale which/s reasonably related to the needs of the neighborhood and the c/b/ as a whole. The requested land use amendment and rezoning present the opportunity for redevelopment in a highly visible entrance corridor to the City and will also support the current trend toward greater residential uses in this area, economic revitalizaUon, and downtown redevelopment. h. Whether there are adequate sites elsewhere in the db/for the proposed use, in distn'cts where such use/s a/ready allowed. ResidenUal densities of 20 du/ac are permitted in the Federal Highway corridor to encourage infill development and redevelopment. There are a limited number of sites elsewhere in the city where residential development could occur at a density of 10.8 du/ac; however, those sites do not offer the opportunity for redevelopment and infill development that this location affords. Nor would development of those available sites serve to promote the goals of the Community Redevelopment Agency and the Federal Highway Corridor Community Redevelopment Plan. ~ASTERISTI'E PLAN ANALYSZS The ]~PUD regulations are intended to be used in situations where new development or redevelopment is proposed within an already developed area or neighborhood located in the "Federal Highway Corridor Commun/b/Redevelopment Plan*Study Areas ! and V. (The site for Bayfront is in Area V.) A mixture of uses, including residential, retail commercial and office, may be allOwed to the extent that no land use conflicts will result and the basic intent of the Zoning Code and the Comprehensive Plan will be followed. !t is a basic expectation that anyone requesting the use of the !PUD district will develop to standards that exceed the City's basic development standards in terms of site design, building architecture and construction materials, amenities and landscape design. To that end, all applications for rezoning to an !PUD must be accompanied by a detailed master plan or site plan. [n this instance, an application for site plan approval has been submitted and is being reviewed concurrent with this request.. Page 7 File Number: LUAR 04-O01-ANEX 04-001 Bayfront The site plan shows forty-eight (48) multi-family units in 5 structures, each containing three stodes. Designs shown for the buildings are a derivative of Mediterranean architecture with stucco walls, S-tile roofs and decorative moldings, appliques columns and balconies; all representative of a relatively high quality architectural design and materials The maximum density allowed by the Special High Density ResidenUal land use classification is 20 du/ac, the applicant proposes a density of 19.5 du/ac. The proposed units are a mix of single-story and two-story condominiums ranging between two (2) and three (3) bedrooms. Each of the five (5) buildings would contain a vadety of unit types. According to the floor plans the smallest unit would be 1,260 square feet in area and the largest unit would be 1~640 square feet. Building setbacks are as follows: Front: 10 feet Side 5 feet Rear 10 feet A recreaUon area of approximately 0.11 acre will be located near the center of the development. The proposed recreation area would indude a pool area, and a clubhouse of approximately 1,800 sq. ft. that includes a clubroom with kitchenette and bathrooms. CONCLUSZONS / RECOMMENDATION$ The request is consistent with the objectives of the City's annexation program, relevant policies in the Comprehensive Plan, and the adopted Federal H(ahwa¥ Corridor Commun/b/ Redevelopment P/an. The requested land use amendment and rezoning will allow the development of a project that will be a benefit to the city, both fiscally and esthetically; support recognized commerdal nodes and the downtown commerdal core, and the proposed development meets the standards expected when a project is developed in the TPUD zoning district. Therefore, staff recommends that the subject request be approved. If the Community Redevelopment Agency Board or the Qb/Commission recommends conditions, they will be included within Exhibit "Br. ATI'ACHMENTS S:~nn~\Wl~ORO3~ Hones o~ Palm Beach\aAYFRONTRUAR 04-O01L~'NT REPORT NEW~oc BAYFRONT: LOCATION MAP EXHIBIT A LRC 6¢ / GC NIC LEGEND N "'" City Boundary Future Land Uses: s LRC - Local Retail Commercial GC - General Commercial R - Recreational V///"PUBLIC HEARIhIG ITEM fl. 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 [] April7,2004 March l5, 2004 (Noon.) [] Junel,2004 MaylT, 2004(Noon) [] April20,2004 April 5, 2004 (Noon) [] June l5, 2004 May 31, 2004 (Noon) [] May4,2004 April 19,2004(Noon) [] July6,2004 June 14,2004(Noon) [] May18,2004 May 3, 2004 (Noon) [] July20,2004 July 5, 2004 (Noon) [] Administrative [] Legal :x: 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 May 18, 2004 City Commission Agenda under Public Hearing and Legal, Ordinance - First Reading. The Community Redevelopment Agency Board x~4th a 5 to 0 vote, recommended that the subject request be approved. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-100. EXPLANATION: PROJECT: Bayfront (LUAR 04-001) AGENT: Carlos Ballbe, Keith & Ballbe, Inc. OWNER: Hector Garcia, Southern Homes of Palm Beach IV, LLC LOCATION: West side of South Federal Highway, approximately one-quarter mile south of Old Dixie Highway DESCRIPTION: Request to amend the Comprehensive Plan Future Land Use map from Comn~rcial High Intensity (Palm Beach County) to Special High Density Residential; and Proposed use for multi-family development consisting of 48 units. PROGRAM IMPACT: N/A FISCAL IMPACT: //~ ! N/A ~ Develolia~t Dep&~ne~ Direc~r Planning' and Zoni~D~ector City Attorney / Finance / Human Resources SSPianning\SHARED\WPXPROJECTS\Southern Homes of Palm BeachXBAYFRONT~LUAR 04-001~Agenda Item Request Bay~nt LUAR 04-001 Amend - ist reading 5-18--04.dot SSBULLETINXFORMSLa~GENDA ITEM REQUEST FORM.DOC 1 ORDINANCE NO. 04- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, REGARDING PROPERTY 5 CONSISTING OF APPROXIMATELY 2.46 ACRES 6 AND LOCATED ON THE WEST SIDE OF SOUTH 7 FEDERAL HIGHWAY, APPROXIMATELY ~A MILE 8 SOUTH OF OLD DIXIE HIGHWAY; AMENDING 9 ORDINANCE 89-38 BY AMENDING THE FUTURE 10 LAND USE ELEMENT OF THE COMPREHENSIVE 11 PLAN OF THE CITY FOR THE PROPERTY MORE 12 PARTICULARLY DESCRIBED HEREIN; THE LAND 13 USE DESIGNATION IS BEING CHANGED FROM 14 COMMERCIAL HIGH (UNINCORPORATED PALM 15 BEACH COUNTY) TO SPECIAL HIGH DENS1TY 16 RESIDENTIAL; PROVIDING FOR CONFLICTS, 17 SEVERABIL1TY, AND AN EFFECTIVE DATE. 18 19 WHEREAS, the City Commission of the City of Boynton Beach, Florida has 2 0 adopted a Comprehensive Future Land Use Plan and as part of said Plan a Future Land 21 Use Element by Ordinance No. 89-38 in accordance with the Local Government 2 2 Comprehensive Planning Act; and 2 3 WHEREAS, the procedure for amendment of a Future Land Use Element of a 24 Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; 25 and 2 6 WHEREAS, after public heating and study, the City Commission deems it in the 27 best interest of the inhabitants of said City to amend the aforesaid Element of the 2 8 Comprehensive Plan as adopted by the City herein. 29 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 3 0 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 31 Section 1: The foregoing WHEREAS clauses are true and correct and 32 ~ncorporated herein by this reference. $:\CA\Ordinances\Plannln~\Land Use\Bayfront Land Use.doc 3_ Section 2: Ordinance No. 89-38 of the City is hereby amended to reflect the 2 following: 3 That the Future Land Use of the following described land shall be designated as 4 Special High Density Residential (SHDR). Said land is more particularly described as 5 follows: 6 Lots 56 & 57, "Amended Plat of Tradewind Estates" according to the Plat thereof as 7 recorded in Plat Book 21, Page 73 of the Public Records of Palm Beach County, Florida, 8 Less a portion of Lot 57 for Right-of Way of State Road No. 5 as shown on State of 9 Florida State Road Department right-of-way map section No. 9301-205. 3_0 3_ 3_ Containing approximately 2.46 acres of land. 12 3_ 3 Section 3: That any maps adopted in accordance with the Future Land Use Element 14 shall be amended accordingly. 15 Section 4: All ordinances or parts of ordinances in conflict herewith are hereby 3_ 6 repealed. 17 Section 5: Should any section or provision of this Ordinance or any portion thereof 't 8 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect 3- 9 the remainder of this Ordinance. 2 0 Section 6: This Ordinance shall take effect on adoption, subject to the review, 2 3- challenge, or appeal provisions provided by the Florida Local Government Comprehensive 2 2 Planning and Land Development Regulation Act. No party shall be vested of any right by 2 3 virtue of the adoption of this Ordinance until all statutory required review is complete and all 2 4 legal challenges, including appeals, are exhausted. In the event that the effective date is 2 5 established by state law or special act, the provisions of state act shall control. 2 6 FIRST READING this __ day of ,2004. 27 S:\CA\Ordlnances\Plannlng\band Use\Bayfront Land Use.doc 1 SECOND, FINAL READING and PASSAGE this .__ day of ,2004. 2 CITY OF BOYNTON BEACH, FLORIDA 3 4 5 Mayor 6 ? 8 Vice Mayor 10 11 Commissioner 12 13 14 Commissioner 16 17 Commissioner 18 ATTEST: 19 20 21 City Clerk 22 23 (Corporate Seal) 24 $:\CA\Ordinances\Planning\Land Use\Bayfront Land Use.doc DEVELOPMENT DEPARTMENT PLANN]:NG & ZON]:NG D/VZS]:ON MEMORANDUH NO. PZ 04-100 TO: Chairman and Members Community Redevelopment Agency Board, Mayo~mmission FROM: Dick I-~_?)h, A[CP Senior Planner THROUGH: Michael W. Rumpf~k'~ Director of Planning and Zoning DATE: May 5, 2004 PRO3ECT NAME/NUMBER: Bayfront/ANEX 04-001-LUAR 04-001 REC~UEST: To annex the property, amend the Future Land Use Designation from CH/5 (Palm Beach County) to Special High Density Residential (20 du/ac) and rezone from GC General Commercial (Palm Beach County) to ;[nfill Planned Unit Development (;[PUD). PRO3E{~:'I' DES~I~ZP'I~ON Property Owner: Southern Homes of Palm Beach V, LLC Applicant/Agent: Southern Homes of Palm Beach V, LLC/Carlos .1. Ballb~ of Keith & Ballb~, ;[nc. Location: West side of South Federal Highway, approximately one-quarter mile south of Old Dixie Highway. (Exhibit "A") Parcel Size: ±2.46 acres Existing Land Use: CH/5 Commercial High ;[ntensity with an underlying residential density of 5 dwelling units per acre (du/ac) (Palm Beach County) Existing Zoning: CG Commercial General (Palm Beach County) Proposed Land Use: Special High Density Residential (20 du/ac) Proposed Zoning: ;[PUD ;[nfill Planned Unit Development Proposed Use: 48-unit apartment community Page 2 File Number: LUAR 04-001-ANEX 04-001 Bayfront Adjacent Uses: North: Property within the City of Boynton Beach designated Local Retail Commercial (LRC) and zoned C-3 Community Commercial occupied by a single-family residence. South: To the southeast, developed property (motel) in unincorporated Palm Beach County designated CH~5 and zoned CG. To the southwest, property within the City of Boynton Beach designated General Commercial (GC) and zoned C-4 General Commercial. East: The right-of-way of South Federal Highway, then vacant property in unincorporated Palm Beach County designated MR-5 Medium Density Residential (5 du/ac) and zoned RM-Multi-Family Residential. West: To the northwest, developed property (church) within the City of Boynton Beach designated General Commercial (GC) and zoned C-4 General Commercial. To the southwest, property in unincorporated Palm Beach County designated CH/5 and zoned CG occupied by a single-family dwelling. EXECU'I'[VE SUMMARY Staff recommends approval of the requested land use amendment and rezoning for the following reasons: 1. The request is consistent with the objectives of the City's annexation program, relevant policies in the Comprehensive Plan, and the adopted Federa//-//ghwa? Corridor Cornrnun/ty Redeve/opment P/an. 2. The requested land use amendment and rezoning will allow the development of a project that will be a benefit to the city, both fiscally and estheUcally. 3. The proposed development meets the standards expected when a project is developed in the ]:PUD zoning district. 4. There is a long-standing lack of demand for retail commercial land in the vicinity and a high proven demand for residenUal land use in the Federal Highway corridor. BACKGROUND When the Comprehensive Plan was adopted in 1989, it was envisioned that the properties along the Federal Highway Corddor south of the intersection of Old Dixie Highway would eventually be annexed into the City and form a retail-oriented corridor, consistent with the land use designations and zoning categories assigned by both the City and Palm Beach County and in effect at that time. For example, the "Problems and Opportunities" section of the support documents suggested that an appropriate use in this area would be new car dealerships. Page 3 File Number: LUAR 04-001-ANEX 04-001 Bayfront Over the past several years, the City has seen a shift from the perpetuation of small commercial uses along the corridor to residential uses, particularly those with densities greater than 10.8 units per acre. Higher density development was facilitated by the City's Comprehensive Plan through the establishment of the Special High Density Residential classification, intended to support redevelopment in the coastal area. This type of development furthered the pattern that existed in the corridor, south of Woolbright Road, before the adoption of the current Comprehensive Plan. At the time of its adoption, there were already 4 developments that exceeded 10.8 du/ac with densities ranging from 21 du/ac (Colonial Club) to 32.2 du/ac (Seagate). The shift has sewed to replace marginal and sub-standard commercial uses with residential projects that have enhanced the esthetiCS of the corridor, as well as the City's tax base. The remaining viable neighborhood-serving commercial uses are being concentrated into nodes located at major intersections along Federal Highway--Woolbright Road, Gulfstream Boulevard, and Old Dixie Highway. The request for a land use amendment and rezoning for the subject property continues this trend. PRO3ECT ANALYSZS The parcels, which are the subject of this land use amendment, total 2.46 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 Flodda Department of Community Affairs and is not reviewed for compliance with the state, regional and local comprehensive plans prior to adoption. State annexation law allows the annexation of enclaves that are less than :[0 acres without the consent of property owners; however, in this instance, the annexation is at the request of the property owner. Currently, objectives of the annexation program include annexing all enclaves less than :[0 acres in all areas of the City that meet adopted level-of-services standards, and incrementally annexing enclave properties with the intent to reduce them below the Z0-acre threshold. Pursuant to Section 9.C.2(2) of the Land Development Regulations, staff is not required to review the petition against the eight (8) criteria by which land use amendments and rezonings are to be reviewed as indicated in Section 9.C.7. where the proposed zoning is consistent with zoning or land use recommendations contained in the Comprehensive Plan. Usually in those instances, staff analysis relates only to consistency with other relevant portions of the Comprehensive Plan, the city's annexation program and service capability. In this instance, however, the analysis serves to strengthen the case for requesting a land use different from that of abutting properties. a. Whether the proposed rezoning would be cons/stent w/th applicable comprehensive p/an po/lc/es/nduding but not I/m/ted to, a proh/b/b'on aga/nst any/ncrease in dwe///ng un/t dens/ty exceed/ng 50/n the hurricane evacuab'on zone w/thout written approval of the Palm Beach County Emergency P/ann/ng D/v/s/on and the Q'ty's risk manager. The planning department shall a/so recommend I/mitab'ons 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 p/an. Page 4 File Number: LUAR 04-001-ANEX 04-001 Bayfront Over the past several years, the City has seen a shift from the perpetuation of small commercial uses along the corridor to residential uses, particularly those with densities greater than 10.8 units per acre. Higher density development was facilitated by the City's Comprehensive Plan through the establishment of the Special High Density Residential classification, intended to support redevelopment in the coastal area. Land use amendments and rezonings, which change designations from commercial use to residential use are particularly consistent with two policies in the Comprehensive Plan: "Po/icy 1.17.1 The City shall continue to discourage add/t/bna/commercial and industrial uses beyond those which are currently shown on the Future Land Use Nap, except where access is greatest and impacts on resident/al land uses are least';' and "Policy ~.~9.? The City sba# continue to change the land use and zoning to permit only res/dent/b/or other non-commercial uses in areas where the demand for commercial uses will not increase, particularly in the Coastal Area." The subject property is located in Planning Area V (Entrances to the City) in the Federal lti~hway Corridor Community Redevelopment Plan, which was adopted by the City on May !6, 2001. The plan's recommendaUons for this planning area include the following: "Encourage a variety of housing, Develop intensity standards that allow for a variety of housing styles and types at intensiUes that will assist in supporting the downtown area and general economic expansion." (p. 80); and "Require a transition ~o the adjacent gateway neighborhoods, Create development standards in the city entrance communities that establish a logical transiUon to the gateway communiUes. Building scale, massing and placement should be less intense than that of the adjacent planning areas, but substanUal enough to announce an arrival in the City." (p. 81) In concert with the recommendaUons dted, the residenUal density of the proposed development will help to support the downtown commercial core, as well as the recognized commercial nodes in the corridor. [n addiUon, it is proposed at a scale and massing that will provide a transiUon into the downtown area, where development standards allow greater densiUes and more intense .massing of buildings. b. Whether the proposed rezoning would be contrary to the eslablished land use pattern, or would create an isolated dlstn'ct unrelated to adjacent and nearby distn'c~, or would constitute a grant of special pdWlege to an individual property owner as contrasted with the protect/'on of the public welfare. The changing development pattern in the Federal Highway corridor has seen an increase in the number of residenUal developments with densiUes greater than 10.8 du/ac. This type of development furthers the pattern that existed in the corridor, south of Woolbdght Road, before the adopUon of the current Comprehensive Plan. At the Ume of its adopUon, there were already 4 developments that exceeded 10.8 du/ac with densities ranging from 21 du/ac (Colonial Club) to 32.2 du/ac (Seagate). The shift in the development pattern has served to replace marginal and sub-standard commercial uses with residenUal projects that have been an Page 5 File Number: LUAR 04-001-ANEX 04-001 Bayfront enhancement to the esthetics of the corridor, as well as the City's tax base, supporting existing commercial nodes and the downtown core. The requested map amendment and rezoning would serve to increase the range of housing opportunities available in the redevelopment area. At the same time, they will increase allowed residential density adjacent to existing single family homes. c. Whether changed or changing cond/b'ons make the proposed rezon/ng desirable. The request for conversion of parcels designated for commerdal uses to multi-family residential for condominium and townhouse development has become more prevalent in the Federal Highway corridor in the last four years. While not the case in this instance, often the conversion serves to remove marginal, and sometimes undesirable, commercial uses. Additionally, adoption of the IPUD regulations in .lune 2002, provided an attractive incentive for redevelopment and infill projects on smaller parcels in the Federal Highway corridor. These two changes in conditions serve to make the proposed rezoning desirable. d. Whether the proposed use would be compab'ble w/th ut#ity systems, roadways, and other public facilities. The applicant has provided a traffic analysis that indicates that if the property were redeveloped as a commercial use, it would generate 3,247 average daily trips compared to 439 average daily trips generated by the proposed multi-family development, or 2,808 fewer trips per day. According to link analysis, preformed by Kimley-Horn and Associates during the TCEA application process, the Federal Highway roadway from 23~d Avenue to George Bush Boulevard has a daily capacity of 29,300 trips at LOS "D'; with Average Annual Daily Tdps (AADT) for the year 2003 at 22,772. Based on the City's adopted Levels of Service (LOS) for potable water (200 gallons per capita per day [GPCD]) and sewer service (90 GPCD) the projected demands are expected to be 20,640 gallons for water and 9,288 GPCD sewer service. The City's utility plants currently have unreserved capacity to serve the projected demands of the proposed project. With respect to solid waste, the Palm Beach County Solid Waste Authority has stated that adequate capacity exists to accommodate the county's municipalities throughout the 10-year planning pedod. The School District of Palm Beach County has reviewed the application and has issued a statement that the project complies with the adopted Level of Service (LOS) for school concurrency. The concurrency determination is valid for one year from March 24, 2004, the date of issuance. Lastly, drainage will also be reviewed in detail as part of the site plan approval process, and must satisfy all requirements of the city and local drainage permitting authorities. Page 6 File Number: LUAR 04-O01-ANEX 04-001 Bayfront e. Whether the proposed rezoning would be compatTble with the current and future use of adjacent and nearby propeR'es, or would affect the property values of adjacent or nearby propert/'es. The proposed rezoning will be compatible with adjacent and nearby properties, and will only serve to increase the value of these properties. f. Whether the properly is physically and economically developable under the exist/'ng zoning. The property is currently vacant and most probably could be developed; however, with annexation into the Qb/, the Palm Beach County zoning must be changed to a city zoning district. C-3 Community Commercial would most nearly correspond with Palm Beach County's Commercial General zoning district, and the property could be developed under C-3 Commercial zoning. g. Whether the proposed rezoning is ora scale which is reasonably related to the needs of the neighborhood and the city as a whole. The requested land use amendment and rezoning present the opportunity for redevelopment in a highly visible entrance corridor to the Qb/and will also support the current trend toward greater residenUal uses in this area, economic revitalizaUon, and downtown redevelopment. h. Whether there are adequate sites elsewhere in the city for the proposed use, in districts where such use is already allowed. ResidenUal densiUes of 20 du/ac are permitted in the Federal Highway corridor to encourage infill development and redevelopment. There are a limited number of sites elsewhere in the city where residenUal development could occur at a density of 10.8 du/ac; however, those sites do not offer the opportunity for redevelopment and infill development that this IocaUon affords. Nor would development of those available sites serve to promote the goals of the Community Redevelopment Agency and the Federal Highway Corridor Community Redevelopment Plan. MASTER/SITE PLAN ANALYSIS The !PUD regulations are intended to be used in situations where new development or redevelopment is proposed within an already developed area or neighborhood located in the "Federal Highway ConCdor Community Redevelopment Plan"Study Areas ! and V. (The site for Bayfront is in Area V.) A mixture of uses, including residential, retail commercial and office, may be allowed to the extent that no land use conflicts will result and the basic intent of the Zoning Code and the Comprehensive Plan will be followed. !t is a basic expectaUon that anyone requesting the use of the 1PUD district will develop to standards that exceed the City's basic development standards in terms of site design, building architecture and construction materials, amenities and landscape design. To that end, all applications for rezoning to an ];PUD must be accompanied by a detailed master plan or site plan. !n this instance, an applicaUon for site plan approval has been submitted and is being reviewed concurrent with this request. Page 7 File Number: LUAR 0q-001-ANEX 04-001 Bayfront The site plan shows forty-eight (48) multi-family units in 5 structures, each containing three stodes. Designs shown for the buildings are a derivative of Mediterranean architecture with stucco walls, S-tile roofs and decorative moldings, appliques columns and balconies; all representative of a relatively high quality architectural design and materials The maximum density allowed by the Special High Density Residential land use classification is 20 du/ac, the applicant proposes a density of 19.5 du/ac. The proposed units are a mix of single-story and two-story condominiums ranging between two (2) and three (3) bedrooms. Each of the five (5) buildings would contain a variety of unit types. According to the floor plans the smallest unit would be 1,260 square feet in area and the largest unit would be 1,640 square feet. Building setbacks are as follows: Front: 10 feet Side 5 feet Rear 10 feet A recreation area of approximately 0.11 acre will be located near the center of the development. The proposed recreation area would include a pool area, and a clubhouse of approximately 1,800 sq. ft. that includes a clubroom with kitchenette and bathrooms. CONCLUSZONS/RECOMMENDATIONS The request is consistent with the objectives of the City's annexation program, relevant policies in the Comprehensive Plan, and the adopted Federal H/_qhway Corr/dor Commun/ty Redevelopment P/an. The requested land use amendment and rezoning will allow the development of a project that will be a benefit to the city, both fiscally and esthetically; support recognized commercial nodes and the downtown commercial core, and the proposed development meets the standards expected when a project is developed in the 1PUD zoning district. Therefore, staff recommends that the subject request be approved. If the Community Redevelopment Agency Board or the City Commission recommends conditions, they will be included within Exhibit "B". ATTACHMENTS S:~Plannlng~IARED~WP~PRO.I~ Homes of Palm Beach\BAYFRONT~JAR 0,I,-001~I'AFF REPORT NEW.doc BAYFRONT: LOCATION MAP EXHIBIT A LRC GC / / / : GC NIC ~ / / / LEGEND · '"' City Boundary --- -- Future Land Uses: LRC - Local Retail Commercial GC - General Commercial R - Recreational VIII.-PUBLIC HEARING CITY OF BOYNTON BE^ ITEM C. 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 7, 2004 March 15, 2004 (Noon.) [] June 1,2004 May 17, 2004 (Noon) [] Apr/I 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31, 2004 (Noon) [] May 4, 2004 April 19, 2004 (Noon) [] July 6, 2004 June 14, 2004 (Noon) CD [] May 18,2004 May 3, 2004 (Noon) [] July20,2004 July 5, 2004 (Noon) [] Administrative [] Legal NATUREOF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation ~r~ [] Consent Agenda [] Public Hearing co mo [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the May 18, 2004 City Commission Agenda under Public Hearing and Legal, Ordinance - First Reading. The Coimntmity Redevelopment Agency Board with a 5 to 0 vote, recommended that the subject request be approved. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-100. EXPLANATION: PROJECT: Bayfront (LUAR 04-001) AGENT: Carlos Ballbe, Keith & Ballbe, Inc. OWNER: Hector Garcia, Southern Homes of Palm Beach IV, LLC LOCATION: West side of South Federal Highway, approximately one-quarter mile south of Old Dix/e Highway DESCRIPTION: Request to rezone property fi:om General Commercial (Palm Beach County) to Inffll Planned Unit Development (IPUD). Proposed use for multi-family development consisting of 48 units. PROGRAM IMPACT: N/A FISCAL IMPACT: ~ , N/A ~,~~ ALTERNATIVES~Q~ N/3A Develol~nent DL~pa~'tm~nt Director gnature Plannihg-and Zonl~'n~l)irector City Attorney / Finance / Human Resources S:~Ianning~SHARED\WP~PROJECTS~Southern Homes of Palm BeachXBAYFRONT~LUAR 04-001XAgenda Item Request Bayfront LIJAR 04-001 5-18- 04.dot S:\BULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC 1 ORDINANCE NO. 04- 2 AN ORDINANCE OF THE CITY OF 3 BOYNTON BEACH, FLORIDA, 4 REGARDING TIlE APPLICATION OF 5 SOUTHERN HOMES OF PALM BEACH IV, 6 LLC, AMENDING ORDINANCE 02-013 OF 7 SAID CITY BY REZONING A PARCEL OF 8 LAND MORE PARTICULARLY 9 DESCRIBED HEREIN, FROM CG- 10 GENERAL COMMERCIAL 11 (UNINCORPORATED PALM BEACH 12 COUNTY) AND RESIDENTIAL MULTI- 13 FAMII.Y TO INFILL PLANNED UNIT 14 DEVELOPMENT (IPUD); PROVIDING FOR 15 CONFLICTS, SEVERABILITY AND AN 16 EFFECTIVE DATE. 17 18 WHEREAS, the City Commission of the City of Boynton Beach, Florida has 19 adopted Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said 20 City; and 21 WHEREAS, Southern Homes of Palm Beach IV, LLC, owner of the 22 property more particularly described hereinafter, has heretofore filed a Petition, 23 through its agent, Carols J. Ballbe/Keith & Ballbe, Incorporated, pursuant to Section 24 9 of Appendix A-Zoning, of the Code of Ordinances, City of Boynton Beach, 25 Florida, for the purpose of rezoning a tract of land consisting of approximately 2.46 26 acres, said land being more particularly described hereinafter, from CG (General 27 Commercial (unincorporated Palm Beach County) and Residential Multi-family to 28 Infill Planned Unit Development 0PUD); and 29 WHEREAS, the City Commission conducted a public hearing and heard 30 testimony and received evidence which the Commission finds supports a rezoning for SACA\OrdinancesXPlanningXRezoningXRezoning - Bayfront.doc i the property hereinafter described; and 2 WHEREAS, the City Commission finds that the proposed rezoning is 3 consistent with an amendment to the Land Use which was contemporaneously 4 considered and approved at the public heating heretofore referenced; and 5 WHEREAS, the City Commission deems it in the best interests of the 6 inhabitants of said City to amend the aforesaid Revised Zoning Map as hereinafter 7 set forth. 8 NOW, THEREFORE, BE IT ORDAINED BY THE CITY 9 COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: J_0 Section 1. The foregoing Whereas clauses are true and correct and 3_ 3_ incorporated herein by this reference. 12 Section 2. The following described land, located in the City of Boynton Beach, :1.3 Florida as set forth as follows: 14 :15 Lots 56 & 57, "Amended Plat of Tradewind Estates" according to the Plat thereof as ~l 6 recorded in Plat Book 21, Page 73 of the Public Records of Palm Beach County, Florida, :1.? Less a portion of Lot 57 for Right-of Way of State Road No. 5 as shown on State of 18 Florida State Road Department right-of-way map section No. 9301-205. 19 2 0 Containing approximately 2.46 acres of land. 21 2 2 )e and the same is hereby rezoned from CG General Commercial (unincorporated Palm 2 3 3each County) and Residential Multi-family to Infill Planned Unit Development (IPUD). 2 4 ~, location map is attached hereto as Exhibit "A" and made a part of this Ordinance by 2 5 eference. 2 6 Section 3: That the aforesaid Revised Zoning Map of the City shall be amended 2 7 tccordingly. S:\CA\Ordinances~PlanningLRezoningkRezoning - Bayfront.doc 3. Section 4: All ordinances or parts of ordinances in conflict herewith are 2 hereby repealed. 3 Section 6: Should any section or provision of this Ordinance or any portion 4 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall 5 not affect the remainder of this Ordinance. 6 Section 7. This ordinance shall become effective immediately upon passage. 7 FIRST READING this __ day of ,2004. 8 SECOND, FINAL READING and PASSAGE this ~ day of ,2004. 9 CITY OF BOYNTON BEACH, FLORIDA 10 12 Mayor 13 14 15 Vice Mayor 16 17 18 Commissioner 15 20 2 3. Commissioner 22 23 24 Commissioner 25 ATTEST: 26 27 28 City Clerk 29 30 (Corporate Seal) S:\CA\OrdinanceskPlanningqRezoning~Rezoning- Bayfi-ont.doc BAYFRONT: LOCATION MAP EXHIBIT A NI LRC GC NIC LEGEND '"" City Boundary --- -- Future Land Uses= LRC . Local Retail Commercial ' GC - General Commercial R. - Recreational DEVELOPMENT DEPARTMENT PLANN:[NG & ZON];NG DI'V~SION MEMORANDUM NO. PZ 04-100 TO: Chairman and Members Community Redevelopment Agency Board, Mayo~mmission FROM: Dick I~_?~h, ~CP Senior Planner THROUGH: Michael W. Rumpf~k'~ Director of Planning and Zoning DATE: May 5, 2004 PRO-1ECT NAME/NUMBER: Bayfront/ANEX 04-001-LUAR 04-001 REQUEST: To annex the property, amend the Future Land Use Designation from CH/5 (Palm Beach County) to Spedal High Density Residential (20 du/ac) and rezone from GC General Commercial (Palm Beach County) to [nfill Planned Unit Development (];PUD). PRO3ECT DESCR/PT/ON Property Owner: Southern Homes of Palm Beach V, LLC Applicant/Agent: Southern Homes of Palm Beach V, LLC/Carlos .1. Ballb6 of Keith & Balll~, [nc. Location: West side of South Federal Highway, approximately one-quarter mile south of Old Dixie Highway. (Exhibit "A'~) Parcel Size: +2.46 acres Existing Land Use: CH/5 Commercial High Intensity with an underlying residential density Of 5 dwelling units per acre (du/ac) (Palm Beach County) Existing Zoning: CG Commercial General (Palm Beach County) Proposed Land Use: Spedal High Density Residential (20 du/ac) Proposed Zoning: [PUD [nfill Planned Unit Development Proposed Use: 48-unit apartment community Page 2 File Number: LUAR O~-O01-ANEX 0~-001 Bayfront Adjacent Uses: North: Property within the City of Boynton Beach designated Local Retail Commercial (LRC) and zoned C-3 Community Commercial occupied by a single-family residence. South: To the southeast, developed property (motel)in unincorporated Palm Beach County designated CH/5 and zoned CG. To the southwest, property within the City of Boynton Beach designated General Commercial (GC) and zoned C-4 General Commercial. East: The right-of-way of South Federal Highway, then vacant property in unincorporated Palm Beach County designated HR-5 Hedium Density Residential (5 du/ac) and zoned RH-Multi-Family Residential. West: To the northwest, developed property (church) within the City of Boynton Beach designated General Commercial (GC) and zoned C-4 General Commercial. To the southwest, property in unincorporated Palm Beach County designated CH/5 and zoned CG occupied by a single-family dwelling. EXECU'F~VE SUf41~IARY Staff recommends approval of the requested land use amendment and rezoning for the following reasons: 1. The request is consistent with the objectives of the City's annexation program, relevant policies in the Comprehensive Plan, and the adopted Federa/H/gbway Corridor Comrnun/ty Redeve/opment P/an. 2. The requested land use amendment and rezoning will allow the development of a project that will be a benefit to the db/, both fiscally and esthetically. 3. The proposed development meets the standards expected when a project is developed in the 1PUD zoning district. 4. There is a long-standing lack of demand for retail commercial land in the vidnity and a high proven demand for residential land use in the Federal Highway corridor. ~BACKGROUND When the Comprehensive Plan was adopted in 1989, it was envisioned that the properties along the Federal Highway Corddor south of the intersection of Old Dixie Highway would eventually be annexed into the City and form a retail-oriented corridor, consistent with the land use designations and zoning categories assigned by both the City and Palm Beach County and in effect at that time. For example, the ~Problems and Opportunities" section of the support documents suggested that an appropriate use in this area would be new car dealerships. Page 3 File Number: LUAR 04-001-ANEX 04-001 Bayfront Over the past several years, the City has seen a shift from the perpetuation of small commercial uses along the corridor to residential uses, particularly those with densities greater than 10.8 units per acre. Higher density development was facilitated by the City's Comprehensive Plan through the establishment of the Special High Density Residential classification, intended to support redevelopment in the coastal area. This type of development furthered the pattern that existed in the corridor, south of Woolbdght Road, before the adoption of the current Comprehensive Plan. At the time of its adoption, there were already 4 developments that exceeded 10.8 du/ac with densities ranging from 21 du/ac (Colonial Club) to 32.2 du/ac (Seagate). The shift has served to replace marginal and sub-standard commercial uses with residential projects that have enhanced the esthetiCS of the corridor, as well as the City's tax base. The remaining viable neighborhood-serving commercial uses are being concentrated into nodes located at major intersections along Federal Highway--Woolbright Road, Gulfstream Boulevard, and Old Dixie Highway. The request for a land use amendment and rezoning for the subject property continues this trend. pRO3EC'T ANALYSZS The parcels, which are the subject of this land use amendment, total 2.46 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. State annexation law allows the annexation of enclaves that are less than 10 acres without the consent of property owners; however, in this instance, the annexation is at the request of the property owner. Currently, objectives of the annexation program include annexing all enclaves less than 10 acres in all areas of the City that meet adopted level-of-services standards, and incrementally annexing enclave properties with the intent to reduce them below the 10-acre threshold. Pursuant to Section 9.C.2(2) of the Land Development Regulations, staff is not required to review the petiUon against the eight (8) cdteda by which land use amendments and rezonings are to be reviewed as indicated in Section 9.C.7. where the proposed zoning is consistent with zoning or land use recommendaUons contained in the Comprehensive Plan. Usually in those instances, staff analysis relates only to consistency with other relevant portions of the Comprehensive Plan, the city's annexation program and service capability. In this instance, however, the analysis serves to strengthen the case for requesting a land use different from that of abutting properties. a. Whether the proposed rezoning would be cons/stent 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 wtftten approval of the Palm Beach County Emergency Planning Division and the'O'ty's tfsk manager. The planning department shall also recommend Iimitatz'ons or requirements, which would have to be imposed on subsequent development of the property, in order to comply with po#des contained in the comprehensive plan. Page 4 File Number: LUAR 04-O01-ANEX 04-001 Bayfront Over the past several years, the City has seen a shift from the perpetuation of small commercial uses along the corridor to residential uses, particularly those with densities greater than 10.8 units per acre. Higher density development was facilitated by the City's Comprehensive Plan through the establishment of the Special High Density Residential classification, intended to support redevelopment in the coastal area. Land use amendments and rezonings, which change designations from commercial use to residential use are particularly consistent with two policies in the Comprehensive Plan: "Policy 1.17.1 The ¢/ty shall conbhue to discourage additional commercial and/ndus~n'al uses beyond those which are currently shown on the Future Land Use Nap, except where access/s greatest and impacts on res/dent/al land uses are least';' and "Policy l. lg.? The City shall cent/hue to change the/and use and zoning to permit only res/dent/al or other non-commercial uses/n areas where the demand for commercial uses will not increase, particularly/n the Coastal Area." The subject property is located in Planning Area V (Entrances to the City) in the Federal H/_qhway Cortfdor Community Redevelopment P/an, which was adopted by the City on May 16, 2001. The plan's recommendations for this planning area include the following: "Encourage a variety of housing. Develop intensity standards that allow for a variety of housing styles and types at intensities that will assist in supporting the downtown area and general economic expansion." (p. 80); and "Require a transition to the adjacent gateway neighborhoods, Create development standards in the city entrance communities that establish a logical transition to the gateway communities. Building scale, massing and placement should be less intense than that of the adjacent planning areas, but substantial enough to announce an arrival in the City." (p. 81) In concert with the recommendations dted, the residential density of the proposed development will help to support the downtown commercial core, as well as the recognized commercial nodes in the corridor. In addition, it is proposed at a scale and massing that will provide a transition into the downtown area, where development standards allow greater densities and more intense .massing of buildings. b. Whether the proposed rezon/ng would be contrary to the established land use pattern, or would create an isolated distn'ct unrelated to adjacent and nearby d/stn'cts, or would constitute a grant of speda/ ptfv//ege to an/nd/vidua/property owner as contrasted w/th the protection of the pub/lc we/fare. The changing development pattern in the Federal Highway corridor has seen an increase in the number of residential developments with densiUes greater than 10.8 du/ac. This type of development furthers the pattern that existed in the corridor, south of Woolbright Road, before the adoption of the current Comprehensive Plan. At the Ume of its adopUon, there were already 4 developments that exceeded 10.8 du/ac with densiUes ranging from 21 du/ac (Colonial Club) to 32.2 du/ac (Seagate). The shift in the development pattern has served to replace marginal and sub-standard commercial uses with residenUal projects that have been an Page 5 File Number: LUAR 04-001-ANEX 04-001 Ba~ront enhancement to the esthetics of the corridor, as well as the City's tax base, supporting existing commercial nodes and the downtown core. The requested map amendment and rezoning would serve to increase the range of housing opportunities available in the redevelopment area. At the same time, they will increase allowed residential density adjacent to existing single family homes. c. Whether changed or changing conditions make the proposed rezoning desirable. The request for conversion of parcels designated for commercial uses to mulU-family residenUal for condominium and townhouse development has become more prevalent in the Federal Highway corridor in the last four years. While not the case in this instance, often the conversion serves to remove marginal, and someUmes undesirable, commercial uses. AddiUonally, adopUon of the ]:PUD regulations in .lune 2002, provided an attractive incenUve for redevelopment and infiil projects on smaller parcels in the Federal Highway corridor. These two changes in conditions serve to make the proposed rezoning desirable. d. Whether the proposed use would be compatible w/th utility systems, roadways, and other public facilities. The applicant has provided a traffic analysis that indicates that if the property were redeveloped as a commercial use, it would generate 3,247 average daily trips compared to 439 average daily trips generated by the proposed mulU-family development, or 2,808 fewer trips per day. According to link analysis, preformed by Kimley-Hom and Associates during the TCEA application process, the Federal Highway roadway from 23~ Avenue to George Bush Boulevard has a daily capacity of 29,300 trips at LOS "D'; with Average Annual Daily Trips (AADT) for the year 2003 at 22,772. Based on the City's adopted Levels of service (LOS) for potable water (200 gallons per capita per day [GPCD]) and sewer service (90 GPCD) the projected demands are expected to be 20,640 gallons for water and 9,288 GPCD sewer service. The City's utility plants currently have unreserved capacity to serve the projected demands of the proposed project. With respect to solid waste, the Palm Beach County Solid Waste Authority has stated that adequate capadty exists to accommodate the county's munidpaliUes throughout the 10-year planning period. The School District of Palm Beach County has reviewed the application and has issued a statement that the project complies with the adopted Level of Service (LOS) for school concurrency. The concurrency determinaUon is valid for one year from March 24, 2004, the date of Issuance. Lastly, drainage will also be reviewed in detail as part of the site plan approval process, and must saUsfy all requirements of the city and local drainage permitting authodUes. Page 6 File Number: LUAR 0~-001-ANEX 04-001 Bayfront e. Whether the proposed rezoning would be compatible w/th the current and future use of adjacent and nearby proper#es, or would affect the property values of adjacent or nearby properties. The proposed rezoning will be compaUble with adjacent and nearby properties, and will only serve to increase the value of these properties. f. Whether the property/s physically and economically developable under the exisb'ng zoning. The property is currenUy vacant and most probably could be developed; however, with annexaUon into the City, the Palm Beach County zoning must be changed to a city zoning district. C-3 Community Commercial would most needy correspond with Palm Beach County's Commercial General zoning district, and the property could be developed under C-3 Commercial zoning. g. Whether the proposed rezon/ng /s ora scale which is reasonably related to the needs of the neighborhood and the city as a whole. The requested land use amendment and rezoning present the opportunity for redevelopment in a highly visible entrance corridor to the City and will also support the current trend toward greater residenUal uses in this area, economic revitalizaUon, and downtown redevelopment. h. Whether there are adequate sites elsewhere in the city for the proposed use, in dis~cts where such use is already allowed. Residential densities of 20 alu/ac are permitted in the Federal Highway corridor to encourage infill development and redevelopment. There are a limited number of sites elsewhere in the city where residenUal development could occur at a density of :t0.8 du/ac; however, those sites do not offer the opportunity for redevelopment and infill development that this IocaUon affords. Nor would development of those available sites serve to promote the goals of the Community Redevelopment Agency and the Federal Highway Corridor Community Redevelopment Plan. MASTER/SI't'E PLAN ANALYSZ$ The IPUD regulations are intended to be used in situaUons where new development or redevelopment is proposed within an already developed area or neighborhood located in the "Federal Highway Corridor Community Redevelopment Plan"Study Areas ! and V. (The site for Bayfront is in Area V.) A mixture of uses, including residenUal, retail commercial and office, may be allowed to the extent that no land use conflicts will result and the basic intent of the Zoning Code and the Comprehensive Plan will be followed. It is a basic expectaUon that anyone requesting the use of the 1PUD district will develop to standards that exceed the City's basic development standards in terms of site design, building architecture and construction materials, ameniUes and landscape design. To that end, all applications for rezoning to an !PUD must be accompanied by a detailed master plan or site plan. :In this instance, an applicaUon for site plan approval has been submitted and is being reviewed concurrent with this request. Page 7 File Number: LUAR 04-O01-ANEX 04-001 Bayfront The site plan shows forty-eight (48) multi-family units in 5 structures, each containing three stories. Designs shown for the buildings are a derivaUve of Mediterranean architecture with stucco walls, S-tile roofs and decorative moldings, appliques columns and balconies; all representative of a relatively high quality architectural design and materials The maximum density allowed by the Special High Density Residential land use classification is 20 du/ac, the applicant proposes a density of 19.5 du/ac. The proposed units are a mix of single-story and two-story condominiums ranging between two (2) and three (3) bedrooms. Each of the five (5) buildings would contain a variety of unit types. According to the floor plans the smallest unit would be 1,260 square feet in area and the largest unit would be 1,640 square feet. Building setbacks are as follows: Front: 10 feet Side 5 feet Pear 10 feet A recreation area of approximately 0.11 acre will be located near the center of the development. The proposed recreation area would include a pool area, and a clubhouse of approximately 1,800 sq. ft. that includes a clubroom with kitchenette and bathrooms. C.ONCLUSIONS/RECOMMENDAI'~ONS The request is consistent with the objectives of the City's annexaUon program, relevant policies in the Comprehensive Plan, and the adopted Federa/H/_qhway C.or.ffdor Commun/ty Redevelopment P/an. The requested land use amendment and rezoning will allow the development of a project that will be a benefit to the city, both fiscally and estheUcally; support recognized commercial nodes and the downtown commerdal core, and the proposed development meets the standards expected when a project is developed in the [PUD zoning district. Therefore, staff recommends that the subject request be approved. If the Community Redevelopment Agency Board or the City Commission recommends conditions, they will be included within Exhibit "B". ATTACHMENTS $:\Plaortlng~"HARED\WP'tPR. O.1ECTS~SouI~e~t Homes of Palm Bead~\I~AYFRONT~LUAR OarOQI~TAFF P. EPORT NEW.doc BAYFRONT: LOCATION MAP EXHIBIT A LEGEND N ',.., City Boundary --- -- ,F.~E Future Land Uses: s LRC - Local Retail Commercial GC - General Commercial R - Recreational VIII.-PUBLIC HI ARING ITEM D. 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 7, 2004 March 15, 2004 (Noon.) [] June 1, 2004 May 17, 2004 (Noon) [] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31,2004 (Noon) [] May4,2004 April l9, 2004 (Noon) [] July6,2004 June l4, 2004 (Noon) ~C~ [] MaylS, 2004 May 3, 2004 (Noon) [] July20,2004 July 5, 2004 (Noon) ~ [] Administrative [] Legal ~ o:~..~~ NATURE OF [] Announcement [] New Business ~ c~:~, AGENDA ITEM [] City Manager's Report [] Presentation can ~rn'nc~ [] Consent Agenda [] Public Hearing co [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the May 18, 2004 City Commission Agenda under Public Hearing and Legal, Ordinance - First Reading. The Community Redevelopment Agency Board with a 5 to 0 vote, recommended that the subject request be approved. For further details pertaining to the request, see attached DeparUnent of Development Memorandum No. PZ 04-101. EXPLANATION: PROJECT: Oceanside (LUAR 04-003) AGENT: Carlos Ballbe, Keith & Ballbe, Inc. OWNER: Hector Garcia, Southern Homes of Palm Beach V, LLC LOCATION: West side of South Federal Highway, approximately 1,000 feet south of Old Dixie Highway DESCRIPTION: Request to amend the Comprehensive Plan Future Land Use map from Local Retail Commercial to Special High Density Residential; and Proposed use for 45 multi-family residential units. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: _ N/A 'P'lann~g~and Zon~ Director City Attorney / Finance / Human Resources S:'~Planning~SHARED\Wl:~PROJECTS~outhern Homes of Palm Bcach\Oceanside~LUAR 04-003~genda Item Request Oceans/de LUAR Amend Ist reading 044}03 5-18-04.dot S:'xBULLETIN~ORMSX~.GENDA ITEM REQ[JEST FORM.DOC 'I ORDINANCE NO. 04- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, REGARDING PROPERTY 5 CONSISTING OF APPROXIMATELY 2.26 ACRES 6 AND LOCATED AT 3655 NORTH FEDERAL 7 HIGHWAY; AMENDING ORDINANCE 89-38 BY 8 AMENDING THE FUTURE LAND USE EI.EMENT 9 OF THE COMPREHENSIVE PLAN OF THE CITY 10 FOR THE PROPERTY MORE PARTICULARLY 11 DESCRIBED HEREIN; THE LAND USE 12 DESIGNATION IS BEING CHANGED FROM LOCAL 13 RETAIL COMMERICAL TO SPECIAL HIGH 14 DENSITY RESIDENTIAL; PROVIDING FOR 15 CONFLICTS, SEVERABILITY, AND AN EFFECTIVE 16 DATE. 17 18 WItEREAS, the City Commission of the City of Boynton Beach, Florida has :1_9 adopted a Comprehensive Future Land Use Plan and as part of said Plan a Future Land 20 Use Element by Ordinance No. 89-38 in accordance with the Local Government 21 Comprehensive Planning Act; and 2 2 WHEREAS, the procedure for amendment of a Future Land Use Element of a 23 Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; 24 and 2 5 WItEREAS, after public hearing and study, the City Commission deems it in the 2 6 best interest of the inhabitants of said City to amend the aforesaid Element of the 2 7 Comprehensive Plan as adopted by the City herein. 28 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 29 THE CITY.OF BOYNTON BEACH, FLORIDA, THAT: 30 Section 1: The foregoing WHEREAS clauses are true and correct and 31 incorporated herein by this reference. S:\CA\Ordlnances\Planning\Land Use\Oceanside Land Use.doc 2[ Section 2: Ordinance No. 89-38 of the City is hereby amended to reflect the 2 following: 3 That the Future Land Use of the following described land shall be designated as 4 Special High Density Residential (SHDR). Said land is more particularly described as 5 follows: 6 Lots 62 & 63 (Except that part of said lots conveyed to State of Florida by deed dated 7 December 30, 1957 and recorded December 31, 1957 in Official Records Book 140, Page 8 17), of "Trade Winds Estates", a subdivision in Palm Beach County, Florida, according to 9 the plat thereof as recorded in the office of the Clerk of the Circuit Court in and for Palm 10 beach County, Florida, in Plat Book 21, Page 45. 11 21_2 Containing approximately 2.26 acres of land. 13 ]. 4 Section 3: That any maps adopted in accordance with the Future Land Use Element 1 5 shall be amended accordingly. 1 6 Section 4: All ordinances or parts of ordinances in conflict herewith are hereby 1 7 repealed. 1 8 Section 5: Should any section or provision of this Ordinance or any portion thereof 19 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect 2 0 the remainder of this Ordinance. 21 Section 6: This Ordinance shall take effect on adoption, subject to the review, 2 2 challenge, or appeal provisions provided by the Florida Local Government Comprehensive 2 3 Planning and Land Development Regulation Act. No party shall be vested of any right by 2 4 virtue of the adoption of this Ordinance until all Statutory required review is complete and all 2 5 legal challenges, including appeals, are exhausted. In the event that the effective date is 2 6 established by state law or special act, the provisions of state act shall control. 2 7 FIRST READING this ~ day of ,2004. 1 SECOND, FINAL READING and PASSAGE this __ day of ,2004. 2 CITY OF BOYNTON BEACH, FLORIDA 3 5 Mayor 6 7 8 Vice Mayor 9 10 3. 3. Commissioner 3.2 3.3 3. 4 Commissioner 15 16 17 Commissioner 1 $ ATYEST: 19 20 2 3. City Clerk 22 23 (Corporate Seal) 26 ~:\CA\Ordlnances\Plannlng\Land Use\Oceanslde Land Use.doc DEVELOPMENT DEPARTMENT PLANNZNG & ZONTNG DI'V~S]:ON MEMORANDUM NO. PZ 04-101 TO: Chairman and Members Community Redevelopment Agency Board Mayor and~ommission FROM: Dick Hud~UAICP Senior Plahner THROUGH: Michael W. Rumpf~ k?'-'j Director of Planning and Zoning DATE: May 5, 2004 PRO.1ECT NAME/NUMBER: Oceanside/LUAR 04-003 REQUEST: To amend the Future Land Use designation from Local Retail Commercial to Special High Density Residential and Rezone from C-3 Community Commercial to 1PUD Thrill Planned Unit Development PRO-1ECT DE$CRZP'I'ZON Property Owner: Southern Homes of Palm Beach, V LLC Applicant/Agent: Hector Garcia/Cados Ballb~ of Keith and Ballb~, Inc. Location: West side of South Federal Highway, approximately 1,000 feet south of Old Dixie Highway. (Exhibit "A'9 Parcel Size: +2.26 acres Existing Land Use: Local Retail Commercial Existing Zoning: C-3 Community Commercial Proposed Land Use: Special High Density Residential (20 alu/ac) Proposed Zoning: 1PUD Infill Planned Unit Development Proposed Use: 45-unit Multi-family Development Adjacent Uses: North: Developed commercial property (self-storage facility) designated Local Retail Commercial and zoned C-3 Community Commercial Page 2 File Number: LUAR 04-003 Oceanside South: Vacant property located in unincorporated Palm Beach County, designated CH/5(commercial High Intensity with an underlying residential density of 5 du/ac) and zoned CG (Commercial General) East: Right-of-way of Federal Highway then property located in unincorporated Palm Beach County designated CH/5(Commercial High ];ntensity with an underlying residential density of 5 du/ac) and zoned CG (Commerdal General). West: Developed residential property located in unincorporated Palm Beach County, designated Medium Residential 5 and zoned RM Multi-family Residential EXECUT2VE SUMMARY Staff recommends approval of the requested land use amendment and rezoning for the following reasons: 1. The request is consistent with the intent of the Comprehensive Plan; 2. It will not create addiUonal impacts on infrastructure that have not been anticipated in the Comprehensive Plan and will be compatible with adjacent land uses; 3. :It will represent redevelopment and enhancement of the Federal Highway Corridor; and 4. Will contribute to the overall economic development of the City and will increase the range of housing opportunities for residents of Boynton Beach. BACKGROUND When the Comprehensive Plan was adopted in 1989, it was envisioned that the properties along the Federal Highway Corridor south of'the intersection of Old Dixie Highway would eventually be annexed into the City and form a retail-oriented corridor, consistent with the land use designations and zoning categories assigned by both the City and Palm Beach County and in effect at that time. For example, the 'Problems and Opportunities" section of the support documents suggested that an appropriate use in this area would be new car dealerships. Over the past several years, the City has seen a shift from the perpetuation of small commercial uses along the corridor to residential uses, particularly those with densities greater than 10.8 units per acre. Higher density development was facilitated by the City's Comprehensive Plan through the establishment of the Special High Density ResidenUal classification, intended to support redevelopment in the coastal area. This type of development furthered the pattern that existed in the corridor, south of Woolbright Road, before the adoption of the current Comprehensive Plan. At the time of its adoption, there were already 4 developments that exceeded 10.8 du/ac with densiUes ranging from 21 du/ac (Colonial Club) to 32.2 du/ac (Seagate). The shift has served to replace marginal and sub-standard commerdal uses with residential projects that have enhanced the esthetics of the corridor, as well as the City's tax Page 3 File Number: LUAR 04-003 Oceanside base. The remaining viable neighborhood-serving commercial uses are being concentrated into nodes located at major intersecUons along Federal Highway--Woolbright Road, Gulfstream Boulevard, and Old Dixie Highway. The request for a land use amendment and rezoning for the subject property continues this trend. PR03 ECT ANALYSZS The parcels, which are the subject of this land use amendment, total 2.26 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 pdor 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. Even though the requested density for the site is greater than :10 du/ac, the parcel is less than 10 acres in size, is located within the expanded Community Redevelopment Area, and would be considered an urban redevelopment project. 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 P/an Amendments: 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 limited to, a prohib/b'on against any increase in dwelling unit density exceeding 50 in the hurricane evacuation zone without wHtten approva/ of the Pa/m Beach County Emergency P/arming D/v/s/on and the City's risk manager. The planning department shall also recommend I/m/tab'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 plan. Over the past several years, the Qty has seen a shift from the perpetuation of small commercial uses along the corridor ~o residential uses, particularly those with densiUes greater than :t0.8 units per acre. Higher density development was fadlitated by the City's Comprehensive Plan through the establishment of the Spedal High Density ResidenUal classificaUon, intended to support redevelopment in the coastal area. Land use amendments and rezonings, which change designations from commercial use to residenUal use are parUculady consistent with two policies in the Comprehensive Plan: "Policy J. JZ.J The City shall continue to discourage add/#onal commercial and/ndustn'al uses beyond those which are currently shown on the Future Land Use Nap, except where access is greatest and impacts on res/denbbl land uses are lea~;' and "Policy 1.~l~7.7 The City shall contz'nue to change the land use and zoning to permit only res/denb'al or other non-commercial uses in areas where the demand for commercial uses ~¢11 not increase, parb'culady in the Coastal Area." Page zt File Number: LUAR 04-003 Oceanside The subject property is located in Planning Area V (Entrances to the City) in the Federal N/_qhway Corridor Community Redevelopment Plan, which was adopted by the City on May 16, 2001. The plan's recommendaUons for this planning area include the following: "Encourage a variety of housing, Develop intensity standards that allow for a variety of housing styles and types at intensiUes that will assist in supporting the downtown area and general economic expansion." (p. 80); and "Require a transiUon to the adjacent gateway neighborhoods. Create development standards in the city entrance communiUes that establish a logical transition to the gateway communities. Building scale, massing and placement should be less intense than that of the adjacent planning areas, but substantial enough to announce an arrival in the City." (p. 81) ]:n concert with the recommendaUons cited, the residential density of the proposed development will help to support the downtown commercial core, as well as the recognized commercial nodes in the corridor. In addition, it is proposed at a scale and massing that will provide a transiUon into the downtown area, where development standards allow greater densities and more intense massing of buildings. b. Whether the proposed rezoning would be contrary to the established land use pattern, or would create an isolated distn'ct unrelated to adjacent and nearby distn'cts, or would constitute a grant of special priv#ege to an individual property owner as contrasted with the protection of the public welfare. Parcels lying on west and southwest of the subject property are in unincorporated Palm Beach County and are designated for single-family residential with a density of 5 du/ac. In addition, property within the City having C-3 Community Commercial zoning may develop as multi-family residential at a density of 10.8 du/ac and in the County, property with CH/5 land use has the alternative of developing at 5 du/ac. The changing development pattern in the Federal Highway corridor has seen an increase in the number of residential developments with densiUes greater than 10.8 du/ac. This type of development furthers the pattern that existed in the corridor, south of Woolbdght Road, before the adoption of the current Comprehensive Plan. At the Ume of its adopUon, there were already 4 developments that exceeded 10.8 du/ac with densities ranging from 21 du/ac (Colonial Club) to 32.2 du/ac (Seagate). The shift in the development pattern has served to replace marginal and sub-standard commercial uses with residenUal projects that have been an enhancement to the esthetics of the corridor, as well as the City's tax base, supporting existing commercial nodes and the downtown core. The requested map amendment and rezoning would serve to increase the range of housing opportunities available in the redevelopment area. At the same time, they will increase allowed residential density adjacent to existing single family homes. c. Whether changed or changing cond/b'ons make the proposed rezon/ng desirable. Page 5 File Number: LUAR 04-003 Oceanside The request for conversion of parcels designated for commercial uses to multi-family residential for condominium and townhouse development has become more prevalent in the Federal Highway corridor in the last four years. While not the case in this instance, o~en the conversion serves to remove marginal, and sometimes undesirable, commercial uses. Additionally, adoption of the IPUD regulations in 3une 2002, provided an attractive incentive for redevelopment and infill projects on smaller parcels in the Federal Highway corridor. These two changes in conditions serve to make the proposed rezoning desirable. d. Whether the proposed use would be cornpab'b/e w/th ubT/ty systems, roadways, and other pub/lc fac/lib'es. The applicant has provided a traffic analysis that indicates that if the property were developed to its fully-allowed potential as a commercial use, it would generate 3,073 average daily trips compared to zt21 average daily trips generated by the proposed multi-family development, or 2,652 fewer trips per day. According to link analysis, preformed by Kimley-Horn and Associates during the TCEA application process, the Federal Highway roadway from 23~ Avenue to George Bush Boulevard has a daily capacity of 29,300 trips at LOS "D'; with Average Annual Daily Tdps (AADT) for the year 2003 at 22,772. Based on the City's adopted Levels of Service (LOS) for potable water (200 gallons per capita per day [GPCD]) and sewer service (90 GPCD) the projects demands are expected to be 19,350 gallons for water and 8,708 GPCD sewer service. The City's uUlity plants currenUy have unreserved capacity to serve the projected demands of the proposed project. With respect to solid waste, 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. The School District of Palm Beach County has reviewed the application and has issued a statement that the project complies with the adopted Level of Service (LOS) for school concurrency. The determination is valid for one year from March 2~t, 2004, the date of issuance. Lastly, drainage will also be reviewed in detail as part of the site plan approval process, and must satisf7 all requirements of the dry and local drainage permitting authorities. e. Whether the proposed rezoning would be compab'ble w/th the current and future use of adjacent and nearby properb'es, or would affect the property values of adjacent or nearby properb'e$. The proposed rezoning will be compaUble with adjacent and nearby properties, and will only serve to increase the value of these properties. f. Whether the property is physically and economical/y deve/opab/e under the exi~a'ng zoning. The property is currently developed as a sales office for the rezoning applicant, Southern Homes, and is developable under current commercial zoning. Page 6 File Number: LUAR 04-003 Oceanside g. Whether the proposed rezoning is ora scale which is reasonably related to the needs of the neighborhood and the city as a whole. The requested land use amendment and rezoning present the opportunity for redevelopment in a highly visible entrance corridor to the City and will also support the current trend toward greater residenUal uses in this area, economic revitalizaUon, and downtown redevelopment. h. Whether there are adequate sites elsewhere in the city for the proposed use, in districts where such use is already allowed. Residential densities of 20 du/ac are permitted in the Federal Highway corridor to encourage infill development and redevelopment. There are a limited number of sites elsewhere in the city where residential development could occur at a density of 10.8 du/ac; however, those sites do not offer the opportunity for redevelopment and inflll development that this IocaUon affords. Nor would development of those available sites serve to promote the goals of the Community Redevelopment Agency and the Federal Highway Corridor Community Redevelopment Plan. I~IASTERISTI'E PLAN ANALYSZS The 1PUD regulations are intended for use in situations where new development or redevelopment is proposed within an already developed area or neighborhood located in the "Federal Highway Corridor Community Redevelopment Plan"Study Areas ! and V. (The site for Bayfront is in Area V.) A mixture of uses, including residenUal, retail commercial and office, may be allowed to the extent that no land use conflicts will result and the basic intent of the Zoning Code and the Comprehensive Plan will be followed. !t is a basic expectaUon that anyone requesting the use of the 1PUD distdct will develop to standards that exceed the City's basic development standards in terms of site design, building architecture and construction materials, amenities and landscape design. To that end, all applications for re. zoning to an !PUD l:nfill Planned Unit Development must be accompanied by a detailed master plan or site plan. !n this instance, an application for site plan approval has been submitted and is being reviewed concurrent with this request. The site plan shows forty-five (~t5) mulU-family units in 5 structures, each containing three stories. Designs shown for the buildings are a dedvaUve of Mediterranean architecture with stucco walls, S-tile roofs and decorative moldings, appliques columns and balconies; all represent a relatively high quality of architectural design and materials The maximum density allowed by the Special High Density Residential land use classification is 20 du/ac, the applicant proposes a density of 19.9 du/ac. The proposed units are a mix of single-story and two-story condominiums ranging between two (2) and three (3) bedrooms. Each of the five (5) buildings would contain a variety of unit types. According to the floor plans the smallest unit would be 1,260 square feet in area and the largest unit would be 1,6,t0 square feet. Page 7 File Number: LUAR 04-003 Oceanside Building setbacks are as follows: Front: 10 feet Side 5 feet Rear 10 feet A recreation area of approximately 0.08 acre will be located along the north boundary of the development. The proposed recreation area would include a pool area, and a clubhouse of approximately 1,800 sq. ft. with clubroom, kitchenette and bathrooms. CONCLUS]:ONS/RECOMMENDATZON$ As indicated herein, this request is consistent with the intent of the Comprehensive Plan; will not create addiUonal impacts on infrastructure that have not been anticipated in the Comprehensive Plan and will be compaUble with adjacent land uses. tt will represent redevelopment and enhancement of the Federal Highway Corridor, will contribute to the overall economic development of the City and will increase the range of housing opportunities for residents of Boynton Beach. 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". AI-rACHMENTS S:\Planning~SHARED\WP~PRO3ECIS~Southem Homes 04~ Palm Beach\Oceanstde\LUAR O~-OO3~I'AFF REPORT NEW.doc OCEANSIDE: LOCATION MAP EXHIBIT A NIC / / / LEGEND , ---- ,~,~ W~ E *"*' City Boundary Future Land Uses: s LRC - Local Retail Commercial Vi'I'L-PUBLi'C HEARTNG TTEH E. CITY OF BOYNTON AGENDA ITEM REQUEST u x v. 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 7, 2004 March 15, 2004 (Noon.) [] June 1, 2004 May 17, 2004 (Noon) [] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31,2004 (Noon) [] May4, 2004 April 19, 2004 (Noon) [] July 6, 2004 June 14, 2004 (Noon) [] May 18, 2004 May 3, 2004 (Noon) [] July 20, 2004 July 5, 2004 (Noon) [] Administrative [] Legal r,o ~..< NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing RECOMMENDATION: Please place this request on the May 18, 2004 City Commission Agenda under Public Hearing and Legal, Ordinance - First Reading. The Community Redevelopment Agency Board with a 5 to 0 vote, recommended that the subject request be approved. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-101. EXPLANATION: PROJECT: Oceanside (LUAR 04-003) AGENT: Carlos Ballbe, Keith & Ballbe, Inc. OWNER: Hector Garcia, Southern Homes of Palm Beach V, LLC LOCATION: West side of South Federal Highway, approximately 1,000 feet south of Old Dixie Highway DESCRIPTION: Request to rezone from C-2 Community Commercial to Infill Planned Unit Development Proposed use for 45 multi-family residential units. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A Planning an"~l Zon/~l~rector City Attorney / Finance / Human Resources S:XPlanning\$HARED\WP'~PROJECTSXSouthem Homes of Palm Beach\Oceanside~LUAR 04-003XAgenda Item Request Oceanside LUAR Rezone I st reading 04-003 5-18-04.dot S:~BULLETRq~ORMS~GENDA ITE~ REQUEST FORM.DOC -' - 1 ORDINANCE NO. 04- 2 AN ORDINANCE OF THE CITY OF 3 BOYNTON BEACH, FLORIDA, 4 REGARDING THE APPLICATION OF 5 SOUTHERN HOMES OF PALM BEACH IV, 6 LLC, AMENDING ORDINANCE 02-013 OF 7 SAID CITY BY REZONING A PARCEL OF 8 LAND MORE PARTICULARLY 9 DESCRIBED HEREIN, FROM CG- 10 COMMUNrFY COMMERCIAL TO INFII 11 PLANNED UNIT DEVELOPMENT (IPUD); :1_ 2 PROVIDING FOR CONFLICTS, 13 SEVERABILITY AND AN EFFECTIVE 14 DATE. 15 16 WHEREAS, the City Commission of the City of Boynton Beach, Florida has 17 adopted Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said 18 City; and 19 WItEREAS, Southern Homes of Palm Beach IV, LLC, owner of the property 20 more particularly described hereinafter, has heretofore filed a Petition, through its 21 agent, Carols J. Ballbe/Keith & Ballbe, Incorporated, pursuant to Section 9 of 22 Appendix A-Zoning, of the Code of Ordinances, City of Boynton Beach, Florida, for 23 the purpose of reZoning a tract of land consisting of approximately 2.26 acres, said 24 land being more particularly described hereinafter, from C-3 (Community 25 Commercial to Infill Planned Unit Development (IPUD); and 26 WItEREAS, the City Commission conducted a public hearing and heard 27 testimony and received evidence which the Commission finds supports a rezoning for 28 the property hereinafter described; and 29 WHEREAS, the City Commission finds that the proposed rezoning is S:\CA\Ordinancesht'lanning~RezoningLRezoning - Ocean.side.doc i consistent with an amendment to the Land Use which was contemporaneously 2 considered and approved at the public hearing heretofore referenced; and 3 WHEREAS, the City Commission deems it in the best interests of the 4 inhabitants of said City to amend the aforesaid Revised Zoning Map as hereinafter 5 set forth. 6 NOW, THEREFORE, BE IT ORDAINED BY THE CITY 7 COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 8 Section 1. The foregoing Whereas clauses are true and correct and 9 incorporated herein by this reference. 10 Section 2. The following described land, located in the City of Boynton Beach, 12. Florida as set forth as follows: 12 2. 3 Lots 62 & 63 (Except that part of said lots conveyed to State of Florida by deed dated 14 December 30, 1957 and recorded December 31, 1957 in Official Records Book 140, Page 15 17), of "Trade Winds Estates", a subdivision in Palm Beach County, Florida, according to 16 the plat thereof as recorded in the office of the Clerk of the Circuit Court in and for Palm 17 beach County, Florida, in Plat Book 21, Page 45. 2.8 2. 9 Containing approximately 2.26 acres of land. 20 2 2. ~e and the same is hereby rezoned from C-3 Community Commercial to Infill Planned 2 2 Jnit Development 0PUD). A location map is attached hereto as Exhibit "A" and made a 2 3 ~art of this Ordinance by reference. 24 Section 3: That the aforesaid Revised Zoning Map of the City shall be amended 2 5 ccordingly. 2 6 Section 4: All ordinances or parts of ordinances in conflict herewith are 2 7 hereby repealed. 2 $ Section 6: Should any section or provision of this Ordinance or any portion S:\CA\Ordinances'ff'lanning~Rezoning/~Rezoning - Oceanside.doc i be declared by a court of competent jurisdiction to be invalid, such decision shall 2 affect the remainder of this Ordinance. 3 Section 7. This ordinance shall become effective immediately upon passage. 4 FIRST READING this ~ day of ,2004. 5 SECOND, FINAL READING and PASSAGE this __ day of ,2004. 6 CITY OF BOYNTON BEACH, FLORIDA ? 8 9 Mayor 10 12 Vice Mayor 13 14 15 Commissioner 16 1'7 :1_ 8 Commissioner 15 20 21 Commissioner 22 ATTEST: 23 24 2 5 City Clerk 26 2 7 (Corporate Seal) ~:\CA\Ordinances~Planning~a~ezoning~Rezoning - Oceanside.doc 'OCEANSIDE:'LOCATION MAP EXlIIB~ A NI¢ NI¢ LEGEND . '"" City Boundary FutUre I.~nd Uses.. ~C . ~1 Retell Comme~lal DEVELOPMENT DEPARTMENT PLANN];NG & ZON];NG DI'V]:S];ON MEMORANDUM NO. PZ 04-101 TO: Chairman and Members Community Redevelopment Agency Board IVlayor an~ommission FROM: Dick Hud~)flluAZCP Senior Pl~hner THROUGH: Michael W. Rumpf~'~'~ Director of Planning and Zoning DATE: May 5, 2004 PRO.1ECT NAME/NUMBER: Oceanside/LUAR 04-003 REQUEST: To amend the Future Land Use designation from Local Retail Commercial to Special High Density Residential and Rezone from C-3 Community Commercial to :[PUD :[nfill Planned Unit Development PRQ.~ECT DESCR/IVl'~ON Property Owner: Southem Homes of Palm Beach, V LLC Applicant/Agent: Hector Garcia/Caflos Ballb~ of Keith and Balll~, Inc. Location: West side of South Federal Highway, approximately 1,000 feet south of Old Dixie Highway. (Exhibit "A") Parcel Size: +2.26 acres Existing Land Use: Local Retail Commercial Existing Zoning: C-3 Community Commercial Proposed Land Use: Spedal High DensiW Residential (20 du/ac) Proposed Zoning: :[PUD :[nfl, Planned Unit Development Proposed Use: 45-unit IVlulti-family Development AdJacent Uses: North: Developed commerdal property (self-storage fadlity) designated Local Retail Commerdal and zoned C-3 Community Commerdal Page 2 File Number: LUAR 04-003 Oceanside South: Vacant property located in unincorporated Palm Beach County, designated CH/5(Commercial High ]Intensity with an underlying residential density of 5 du/ac) and zoned CG (commerdal General) East: Right-of-way of Federal Highway then property located in unincorporated Palm Beach County designated CH/5(Commerdal High Zntensity with an underlying residential density of 5 du/ac) and zoned CG (Commercial General). West: Developed residential property located in unincorporated Palm Beach County, designated Medium Residential 5 and zoned RM Multi-family Residential EXEC~E SUMMARY Staff recommends approval of the requested land use amendment and rezoning for the following reasons: 1. The request is consistent with the intent of the Comprehensive Plan; 2. It will not create additional impacts on infrastnJcture that have not been anticipated in the Comprehensive Plan and will be compatible with adjacent land uses; 3. It will represent redevelopment and enhancement of the Federal Highway Corridor; and 4. Will contribute to the overall economic development of the City and will increase the range of housing opportunities for residents of Boynton Beach. BACKGROUND When the Comprehensive Plan was adopted in :[989, it was envisioned that the properties along the Federal Highway Corridor south of the Intersection of Old Dixie Highway would eventually be annexed into the City and form a retail-oriented corridor, consistent with the land use designations and zoning categories assigned by both the City and Palm Beach County and in effect at that time. For example, the "Problems and Opportunities" section of the support documents suggested that an appropriate use in this area would be new car dealerships. Over the past several years, the City has seen a shift from the perpetuation of small commercial uses along the corridor to residential uses, particularly those with densities greater than :[0.8 units per acre. Higher density development was fadlitated by the City's Comprehensive Plan through the establishment of the Special High Density Residential dassification, intended to support redevelopment in the coastal area. This type of development furthered the pattern that existed in the corridor, south of Woolbdght Road, before the adoption of the current Comprehensive Plan. At the time of its adoption, there were already 4 developments that exceeded :[0.8 du/ac with densities ranging from 2:[ du/ac (colonial Club) to 32.2 du/ac (Seagate). The shift has served to replace marginal and sub-standard commerdal uses with residential projects that have enhanced the esthetics of the corridor, as well as the City's tax Page 3 File Number: LUAR 04-003 Oceanside base. The remaining viable neighborhood-serving commercial uses are being concentrated into nodes located at major intersections along Federal Highway--Woolbdght Road, Gulfstream Boulevard, and Old Dixie Highway. The request for a land use amendment and rezoning for the subject property continues this trend. PRO3ECT ANALYSZS The parcels, which are the subject of this land use amendment, total 2.26 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 Flodda Department of Community Affairs and is not reviewed for compliance with the state, regional and local comprehensive plans prior to adoption. Even though the requested density for the site is greater than 10 du/ac, the parcel is less than 10 acres in size, is located within the expanded Community Redevelopment Area, and would be considered an urban redevelopment project. The criteda 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 P/an Amendments: Rezon/ngs. These cdteda 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 cons/stent v~th applicable comprehensive plan policies including but not limited to, a prohibiEon against any increase in dwelling unit density exceeding $0 in the hurricane evacua¢bn zone wCthout wdtten approval of the Palm Beach County Emergency Planning D/vision and the Qty's risk manager. The planning department shall a/so recommend Iimitabbns or requirements, which would have to be imposed on subsequent development of the property~ in order to comply ~¢th policies contained in the comprehensive plan. Over the past several years, the City has seen a shift from the perpetuaUon of small commercial uses along the corridor to residenUal uses, particularly those with densities greater than Z0.8 units per acre. Higher density development was facilitated by the City's Comprehensive Plan through the establishment of the Special High Density ResidenUal dassificaUon, intended to support redevelopment in the coastal area. Land use amendments and rezonings, which change designaUons from commercial use to residenUal use are parUculady consistent with two polides in the Comprehensive Plan: "Po/icy 1.17.1 The City shall conb'nue to discourage addiEonal commercial and indus~n'al uses beyond those which are currently shown on the Future Land Use Nap, except where access is greatest and impacts on residenEa/ /and uses are least~; and "Policy 1.19.? The ~ty shall cont]'nue to change the land use and zoning to permit only residenb'al or other non-commerda/ uses in areas where the demand for commerda/ uses ~¢11 not increase, parffculady in the Coastal Area." Page 4 File Number: LUAR 04-003 Oceanside The subject property is located in Planning Area V (Entrances to the City) in the Federal H~qhway Corridor Commun/ty Redeve/ooment P/an. which was adopted by the City on May 16, 2001. The plan's recommendations for this planning area indude the following: ~Encourage a variet7 (~f housing. Develop intensity standards that allow for a variety of housing styles and types at intensifies that will assist in supporting the downtown area and general economic expansion." (p. 80); and "Require a transition to the adjacent gateway neighborhoods. Create development standards in the city enb-ance communities that establish a logical transition to the gateway communities. Building scale, massing and placement should be less intense than that of the adjacent planning areas, but substantial enough to announce an arrival in the City." (p. 81) ;In concert with the recommendations cited, the residential density of the proposed development will help to support the downtown commercial core, as well as the recognized commercial nodes in the corridor. In addition, it is proposed at a scale and massing that will provide a transition into the downtown area, where development standards allow greater densities and more intense massing of buildings. b. Whether the proposed rezon/ng would be contrary to the established land use pattern, or would create an isolated d/st#ct unrelated to adjacent and nearby d/sbT'ct~, or would constitute a grant of spec/al priv#ege to. an/nd/Wdua/property owner as contrasted with the protecb'on of the pub#c we/fare. Parcels lying on west and southwest of the subject properb/are in unincorporated Palm Beach County and are designated for single-family residential with a density of 5 du/ac. In addition, property within the ~ having C-3 Community Commercial zoning may develop as multi-family residential at a density of 10.8 du/ac and in the County, property with CH/5 land use has the alternative of developing at 5 du/ac. The changing development pattem in the Federal Highway corridor has seen an increase In the number of residential developments with densities greater than 10.8 du/ac. This type of development furthers the pattern that existed in the corridor, south of Woolbright Road, before the adoption of the current Comprehensive Plan. At the time of its adoption, there were already 4 developments that exceeded 10.8 du/ac with densities ranging from 21 du/ac (Colonial Club) to 32.2 du/ac (Seagate). The shilt in the development pattem has served to replace marginal and sub-standard commerdal uses with residential projects that have been an enhancement to the esthetics of the corridor, as well as the City's tax base, supporting exi~ng commercial nodes and the downtown core. The requested map amendment and rezoning would serve to increase the range of housing opportunities available in the redevelopment area. At the same time, they will increase allowed residential density adjacent to existing single family homes. c. Whether changed or chang/ng cond/b'on$ make the proposed rezon/ng desirable. Page 5 File Number: LUAR 04-003 Oceanside The request for conversion of parcels designated for commerdal uses to multi-family residential for condominium and townhouse development has become more prevalent in the Federal Highway corridor in the last four years. While not the case in this instance, often the conversion serves to remove marginal, and sometimes undesirable, commercial uses. Additionally, adoption of the 1PUD regulations in .lune 2002, provided an attraddve incentive for redevelopment and infill projects on smaller parcels in the Federal Highway corridor. These two changes in conditions serve to make the proposed rezoning desirable. d. Whether the proposed use would be compat~'ble w/th u~l/ty systems, roadways, and other pub/lc fad/it/es. The applicant has provided a traffic analysis that indicates that if the property were developed to its fully-allowed potential as a commercial use, it would generate 3,073 average daily trips compared to 421 average daily trips generated by the proposed multi-family development, or 2,652 fewer trips per day. According to link analysis, preformed by Kimley-Horn and Associates during the TCEA application process, the Federal Highway roadway from 23 Avenue to George Bush Boulevard has a daily capacity of 29,300 trips at LOS "D'; with Average Annual Daily Trips (AAD'I') for the year 2003 at 22,772. Based on the City's adopted Levels of Service (LOS) for potable water (200 gallons per capita per day [GPF..J3]) and sewer service (90 GPCD) the projects demands are expected to be 19,350 gallons for water and 8,708 GPCD sewer service. The City's utility plants currently have unreserved capadty to serve the projected demands of the proposed project. With respect to solid waste, the Palm Beach County Solid Waste Authority has stated that adequate capacity exists to accommodate the county's municipaliUes throughou~ the 10-year planning pedod. The School District of Palm Beach County has reviewed'the application and has issued a statement that the project complies with the adopted Level of Service (LOS) for school concurrency. The determination is valid for one year from March 24, 200~, the date of issuance. Lastly, drainage will also be reviewed in detail as part of the site plan approval process, and mus~ satisfy all requirements of the db/and local drainage permitting authorities. e. Whether the proposed rezoning would be compab'ble ~Wth the current and future use of adjacent and nearby properties, or would atilt the property values of adjacent or nearby properb'es. The proposed rezoning will be compatible with adjacent and nearby properties, and will only serve to increase the value of these properties. f. Whether the property is physically and econorn/ca//y developable under the exis~'ng zon/ng. The property is currently developed as a sales office for the rezoning applicant, Southern Homes, and is developable under current commercial zoning. Page 6 File Number: LUAR 0zk-003 Oceanside g. Whether the proposed rezoning is ora scale which is reasonably related to the needs of the neighborhood and the city as a whole. The requested land use amendment and rezoning present the opportunity for redevelopment in a highly visible entrance corddor to the City and will also support the current trend toward greater residenUal uses in this area, economic revitalization, and downtown redevelopment. h. Whether there are adequate s/tes elsewhere/n the c/ty for the proposed use,/n d/stn'cts where such use/$ a/ready allowed. ResidenUal densiUes of 20 du/ac are permitted in the Federal Highway corridor to encourage infill development and redevelopment. There are a limited number of sites elsewhere in the dty where residential development could occur at a density of 10.8 du/ac; however, those sites do not offer the opportunity for redevelopment and infill development that this IocaUon affords. Nor would development of those available sites serve to promote the goals of the Community Redevelopment Agency and the Federal Highway Corridor Community Redevelopment Plan. MASTER/SITF. PLAN ANALYS:[S The :[PUD regulations are intended for use in situations where new development or redevelopment is proposed within an already developed area or neighborhood located in the "Federal Highway Corridor Community Redevelopment Plan"Study Areas ! and V. (The site for Bayfront is in Area V.) A mixture of uses, including residenUal, retail commercial and office, may be allowed to the extent that no land use conflicts will result and the basic intent of the Zoning Code and the Comprehensive Plan will be followed. !t is a basic expectaUon that anyone requesting the use of the ]~PUD district will develop to standards that exceed the City's basic development standards in terms of site design, building architecture and construction materials, amenities and landscape design. To that end, all applicaUons for rezoning to an !PUD !nfill Planned Unit Development must be accompanied by a detailed master plan or site plan. !n this instance, an application for site plan approval has been submitted and is being reviewed concurrent with this request. The site plan shows forty-five (~,5) multi-family units in 5 structures, each containing three stodes. Designs shown for the buildings are a derivaUve of Mediterranean architecture with stucco walls, S-Ule roofs and decoraUve moldings, appliques columns and balconies; all represent a relaUvely high quality of architectural design and materials The maximum density allowed by the Special High Density R, esidenUal land use classificaUon is 20 alu/ac, the applicant proposes a density of 19.9 du/ac. The proposed units are a mix of single-story and two-story condominiums ranging between two (2) and three (3) bedrooms. Each of the five (5) buildings would contain a variety of unit types. According to the floor plans the smallest unit would be 1,260 square feet in area and the largest unit would be :[,6~0 square feet. Page 7 File Number: LUAR 04-003 Oceanside Building setbacks are as follows: Front: 10 feet Side 5 feet Rear 10 feet A recreation area of approximately 0.08 acre will be located along the north boundary of the development. The proposed recreation area would include a pool area, and a clubhouse of approximately 1,800 sq. ft. with clubroom, kitchenette and bathrooms. CONCLUS~ONSIRECOMMENDAITONS 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 and will be compatible with adjacent land uses. It will represent redevelopment and enhancement of the Federal Highway Corridor, will contribute to the overall economic development of the City and will increase the range of housing opportunities for residents of Boynton Beach. Therefore, staff recommends that the subject request be approved. If the Planning and Development Board or the City Commission recommends condiUons, they will be induded within Exhibit "B". ATTACHMENTS OCEANSIDE: LOCATION MAP EXHIBIT A NIC NIC~ SITE NIC LEGEND Future ~nd Uses: LRC - ~1 Retail Comme~ial VIII.-PUBLIC HEARING CITY OF BOYNTON BEAC ITEM F. 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 7, 2004 March 15, 2004 (Noon.) [] June 1, 2004 May 17, 2004 (Noon) [] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31, 2004 (Noon) [] May 4, 2004 April 19, 2004 (Noon) [] July 6, 2004 June 14, 2004 (Noon) [] May 18, 2004 May 3, 2004 (Noon) [] July 20, 2004 July 5, 2004 (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 May 18, 2004 City Commission Agenda under Public Hearing. The applicant is requesting a postponement of these advertised requests for Annexation, Land Use Amendment and Rezoning scheduled for review by the Community Redevelopment Agency Board on May 11, 2004. Staffrecommends that the postponement be for 30 days (to June 15th), as this date-certain postponement will keep the ad valid in the event the project is able to move forward to the CRA meeting of June 8, 2004. EXPLANATION: PROJECT: Waterside (ANNEX 04-002) and (LUAR 04-002) AGENT: Carlos Ballbe, Keith & Ballbe, Inc. OWNER: Hector Garcia, Southern Homes of Palm Beach, LLC LOCATION: East side of South Federal Highway, between Palmer Roan and Chukker Road DESCRIPTION: Request to annex 7.30 acres of property in connection with the request to build 115 fee- simple townhomes and related site improvements; and Request to amend the Comprehensive Plan Future Land Use map from Commercial High Intensity and Medium Density Residential (Palm Beach County) to Special High Density Residential; and Request to rezone from Multi-family Residential and Commercial General (Palm Beach County) to Planned Unit Development (PUD) as part ora request to develop 115 townhomes and related site improvements. PROGRAM IMPACT: N/A FISCAL IMPACT: ~,, ! N/A ALTERNATIVES~/~ _ '- '~ Manager's Signature Developl~ lS'ep~mel~ ~5'~e~r ~~'~~ Planning and Zo~i'g Director City Attorney / Finance / Human Resources S:~Planning~SHARED\WP~PROJECTS~Southem Homes of Palm Beach\WatersidekANEX 04-O02~genda Item Request Waterside ANNEX 04-002 & LLIAR 04-002 5-18-04.dot S:~BULLETIN~ORMS\AGENDA ITEM REQUEST FORM.DOC KEITH & BALLBI , INC. Consulting Engineers 2201 West Prospect Road, Suite 100 Fort Lauderdale, Florida 33309 Phone (954) 489-9801 Fax (954) 489-9802 April 22, 2004 Mrs. Sherie Coale Planning and Zoning Division CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard BoyntonBeach, Florida 33425-0310 Re: WATERSIDE Project Number 23-03-16 Dear Mrs. Coale: On behalf of the owner of the above referenced project, Southem Homes of Palm Beach, I would like to request a postponement to the advertizement of the public heating for the annexation, land use and re- zoning of the above referenced property until further notice. If you have any questions or require any additional information, please do not hesitate to call our office. Sincerely, KEI ~~~ INC. C allb6, P.E. cc: Tom Hector Garcia, SOUTHERN HOMES Pagnotta, SOUTHERN HOMES [JU[[~I~ ~ ~ ~ ~ ~I~ ' DEPARTMENT OF DEVELOPME G:~PROJECTSX220953 - Watersld¢~coale.let.wpd VIII.-PUBLIC HEARING ITEM G. CITY OF BOYNTON BEAC AGENDA ITEM REQUEST FORM Requested City Comm/ssion 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 7, 2004 March 15, 2004 (Noon.) [] June 1, 2004 May 17, 2004 (Noon) [] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31,2004 (Noon) [] May 4, 2004 April 19, 2004 (Noon) [] July 6, 2004 June 14, 2004 (Noon) [] May 18, 2004 May 3, 2004 (Noon) [] July 20, 2004 July 5, 2004 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Heating [] Code compliance/Legal Settlements [] Unfmished Business RECOMMENDATION: Please place this request on the May 18, 2004 City Commission Agenda under Public Heating. The applicant is requesting a postponement of these advertised requests for Annexation, Land Use Amendment and Rezoning scheduled for review by the Community Redevelopment Agency Board on May 11, 2004. Staff recommends that the postponement be for 30 days (to June 15t~), as this date-certain postponement will keep the ad valid in the evem the project is able to move forward to the CRA meeting of June 8, 2004. EXPLANATION: PROJECT: Waterside (ANNEX 04-002) and (LUAR 04-002) AGENT: Carlos Ballbe, Keith & Ballbe, Inc. OWNER: Hector Garcia, Southern Homes of Palm Beach, LLC LOCATION: East side of South Federal Highway, between Palmer Roan and Chukker Road DESCRIFFION: Request to annex 7.30 acres of property in connection with the request to build 115 fee- simple townhomes and related site improvements; and Request to amend the Comprehensive Plan Future Land Use map fi.om Commercial High Intensity and Medium Density Residential (Palm Beach County) to Special High Density Residential; and Request to rezone from Multi-family Residential and Co,~-nercial General (Palm Beach County) to Planned Unit Development (PUD) as part of a request to develop 115 townhomes and related site improvements. PROGRAM IMPACT: N/A FISCAL IMPACT: t~, ! N/A ALTERNATIVES~)~ ~~~ DeveloplJ~fi~ lJ'ep~tn~z~ }Sir~r~tor '~'- ~L-~ Manager's St=gnature Planning and Zo~g Director City Attorney / Finance / Human Resources S:Wlanning~SHARED\WP~PRO~S~gouthern Homes of Palm BeachkWaterside~tNEX 04-002LSgenda Item Request Waterside ANNEX 04-002 & LUAR 04-002 5-18-04.dot S:~BULLETINWORMSkAGENDA ITEM REQUEST FORM.DOC KEITH & BALLBI , INC. Consulting Engineers 220'1 West Prospect Road, Suite 100 Fort Lauderdale, Flodda 33309 Phone (954) 489-9801 Fax (954) 489-9802 April 22, 2004 Mrs. Sherle Coale Planning and Zoning Division CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard Boynton Beach, Florida 33425-0310 Re: WATERSIDE Project Number 23-03-16 Dear Mrs. Coale: On behalf of the owner of the above referenced project, Southern Homes of Palm Beach, I would like to request a postponement to the advertizement of the public heating for the annexation, land use and re- zoning of the above referenced property until further notice. If you have any questions or require any additional information, please do not hesitate to call our office. Sincerely, KEII ~BE, INC. Carll I. Ballb6, P.E. cc: Hector Garcia, SOUTHERN HOMES Tom Pagnotta, SOUTHERN HOMES DEPARTMENT OF DEVELOPME N1 G:~PROJEC'~X?.20953 - Wate~id~Xeoalc.let. wpd VIII.-PUBLIC HEARING CITY OF BOYNTON BEACH ITEM H. AGENDA ITEM REQUEST FOl_ 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 7, 2004 March 15, 2004 (Noon.) [] June 1,2004 May 17, 2004 (Noon) [] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31,2004 (Noon) [] May 4, 2004 April 19, 2004 (Noon) [] July 6, 2004 June 14, 2004 (Noon) [] May 18, 2004 May 3, 2004 (Noon) [] July 20, 2004 July 5, 2004 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlemems [] Unfinished Business RECOMMENDATION: Please place this request on the May 18, 2004 City Conaidssion Agenda under Public Hearing. The applicam is requesting a postponement of these advertised requests for Annexation, Land Use Amendment and Rezoning scheduled for review by the Community Redevelopment Agency Board on May 11, 2004. Staffrecommends that the postponement be for 30 days (to June 15th), as this date-certain postponement will keep the ad valid in the event the project is able to move forward to the CRA meeting of June 8, 2004. EXPLANATION: PROJECT: Waterside (ANNEX 04-002) and (LUAR 04-002) AGENT: Carlos Ballbe, Keith & Ballbe, Inc. OWNER: Hector Garcia, Southern Homes of Palm Beach, LLC LOCATION: East side of South Federal Highway, between Palmer Roan and Chukker Road DESCRIPTION: Request to annex 7.30 acres of property in connection with the request to build 115 fee- simple townhomes and related site improvements; and Request to amend the Comprehensive Plan Future Land Use map fi:om Cosaaiiercial High Intensity and Medium Density Residential (Palm Beach County) to Special High Density Residential; and Request to rezone fi:om Multi-family Residential and Cossanercial General (Palm Beach County) to Planned Unit Development (PUD) as part of a request to develop 115 townhomes and related site improvements. PROGRAM IMPACT: N/A Developrla~fl~ 15'ep~trnen-~ ]~r"/~tor xz,,- ~C~ Manager's Signature Planning and Zot~'g Director City Attorney / Finance / Hmnan Resources S:xPIannJng~SHARED\WP~ROJECTS~Southe~n Homes of PalTM Beach\WatersideLa~NEX 04-002kAgenda ltem Request Waterside ANNEX 04-002 & LUAR 04-002 5-18-04.dot S:kBULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC KEITH & BALLBI , INC. Consulting Engineers 2201 West Prospect Road, Suite 100 Fort Lauderdale, Flodda 33309 Phone (954) 489-9801 Fax (954) 489-9802 April 22, 2004 Mrs. Sherie Coale Planning and Zoning Division CITY OF BOYNTON BEACH 100 East BoYnton Beach Boulevard BoyntonBeach, Florida 33425-0310 Re: WATERSIDE Project Number 23-03-16 Dear Mrs. Coale: On behalf of the owner ofthe above referenced project, Southem Homes of Palm Beach, I would like to request a postponement to the advertizement of the public hearing for the annexation, land use and re- zoning of the above referenced property until further notice. If you have any questions or require any additional information, please do not hesitate to call our office. Sincerely. KEII ~E' INC' Carl~ ~. Ballb6, P.E. Tom Pagnotta._ SOUTHERN HOMES DEPARTMENT OF DEVELOPME O:',,I'ROJEC'~'~209~ 3- Watenlde~a~le.l~q~d XlI. - LEGAL CITY OF BOYNTON Bt ITEM A.'I AGENDA ITEM REQUES~ Requested City Corrm~ssion Date Final Form Must be Turned Requested C_ity Comn~ssion Date Final Form Must be Turned Meeting Dates :~ in to Cit9 Clerk;s'Of~Ce Mee~gDates in lo City Clerk'~ Offi. c .e [] AP~I 6, 2004 March 15, 2004 (Noon.) [] JUne l, 2004 May 17, 2004 (Noon) ~.~ April 20, 2004 April 5, 2004 (Noon)~ [] June 15, 2004 May 3 l, 2004 (Noon) ~;;-~ May 4, 2004 April 19, 2004 (Noon) [] July 6, 2004 June 14, 2~0~ (Noon) ~ May ~8, 2o04 Uny 3, 20°~ moo~) [] J~¢ 20, 200~ J~y 5, 200~ moon), on . NAm OF : 0 Announcement [] New BuSiness '},] .: ~[-~ .Consent Agenda : :~ [] .Pub]~¢Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Motion to approve Solid XVaste Ordinance Revisions - Cbaptrr'1 0 Garb~ge,'TraSfi and '~ffens~ve Con_.d~fions . . . ~ : EXPLANATIO1N:~ The Publig-.~or :l~.~staff alo.ng wi .th~ .._~odeCompl/aneebave revised.-0rdinance Provisions relaled to garbage and Irasb within the City of Boynton Beach. This was done for two primarY reasons: 1. For the last two years, auditors have found that the expenses for Solid Waste service~ have nearly exceed revenues. Therg{6i~;. ih :iit'dltion t0'previbus bPeratioficbst eats; it is'neeess~t~t0 ~Valuate Sources Of .. en~ han~edrev~e~ue. Staff. is recommen~ng increase. _t? mult~ family and. go~mmerei.'al eolleeti0~ rates. 2~ Staffhas found many outdated provisionsWithi.'.~g sglid W~e Codec ~at m~a R e.xtremely difll.e...ult f°r .. Code Compliance staff to enforce a n~r of prb~lsmns throughout the community., gpeeifieall-y, Staffha$ · evaluated.the time frame in whiel~ bulk gash can beplaced at the. curb in response to !~omeowner's con6&rn.~- . about the aesthetic conditions throughout the City, I~ROGRAM IMI~ACT: See attached Exhibit A (memorandum #04-0~2) FISCAL IMPACT: See attached Ex~3iI A (memorandua #04452). ' ' ' ' ALTERNATIVI~S: Elect notto ~pP(Ore the cbange~ and ~on~nue to work within the current Code. Dire~t sl~ffto;. Depamnent lqame City Attp. me. y / Fbi:race / Human ResOurces 1 ORDINANCE NO. 04 - 3 AN ORDINANCE OF THE CITY OF BOYNTON 4 BEACH, FLORIDA AMENDING CHAPTER 10. 5 GARBAGE, TRASH AND OFFENSIVE CONDITIONS, 6 PROVIDING FOR RATE MODIFICATION AND ? CLARIFICATION OF LANGUAGE; PROVIDING FOR s CONFLICTS, SEVERABILITY, CODIFICATION AND 9 AN'EFFECTIVE DATE. 10 11 WltEREAS, over the past several months staff has met and reviewed the Code for 12 the purpose of revising provisions related to garbage and trash within the City of Boynton 13 Beach; and 14 WHEREAS, it has been determined that over the past two years, the Solid Waste 15 fund balance, has exceeded revenues received for the services provided; and 16 WHEREAS, staff has lOoked at all options available to evaluate sources of enhanced 17 revenue, as well as identifying outdated provisions within the. Solid Waste Code that make it 18 extremely difficult for Code Compliance staff to enforce a number of provisions throughout 19 the community; and 20 WHEREAS, the City Commission has determined, upon recommendation of staff, 21 that 'Chapter 10 Garbage, Trash and OffensiVe Conditions be amended to prOvide for a rate 22 modification, as well as by deletion of outdated material and clarification of sections of the 23 Code, which, will enhance the efforts of all City departments to work together. 24 NOW, THEREFORE, BE IT ORDAINED BY THE CITY .COMMISSION OF 25 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 26 Section 1. Each Whereas clause set forth above is tree and correct and 27 incorporated herein by this reference. 28 Section 2. That Chapter I0 Garbage, Trash and Offensive Conditions is hereby 29 amended by adding the words and figures in underlined type, and by deleting the words and 30 figures in struck-through tYPe, as set forth in Composite Exhibit "A" attached hereto and 31 made a part hereof. .32 Section 3. Each.and every other provision of Chapter 10, not herein specifically 33 amended shall remain in full force and effect as previously enacted. 34 Section 4. All ordinances or parts of ordinances in conflict herewith be and the S:\CA\OtdinancesXdraft om'dlnnnce~Cbapte~ 10 - Garbage, Trash and Offensive Condition.doc I " I same are hereby repealed. 2 Section 5. - Should any section or provision of this ordinance or porti°n hereof, 3 any paragraph, sentence or word be declared by a court of competent jurisdiction to be 4 invalid, such decision shall not affect the remainder of this ordinance. 5 Section 6. Authority is hereby granted to codify said ordinance. 6 Section 7. This ordinance shall become effective during the first full billing cycle 7 after the adoption of the Ordinance on Second Reading. 8 FIRST READING this _~ day of April, 2004. -~ 9 SECOND, FINAL READING AND PASSAGE this day of 10 ,2004. 12 CITY OF BOYNTON BEACH, FLORIDA 13 14 15 Mayor 16 17 18 ViCe Mayor 19 20 21 Commissioner 22 23 24 ATTEST: Commissioner 25 26 27 City Clerk Commissioner 28 29 (CORPORATE SEAL) 30 31 32 S:'~(:A'~O~'rllnance~:~,dlal~ o~dinanc, e'~llaplex l0 - C, alSoag~, Trash aud O, ffemasive Co~dilio~s.doc 2 I COMPOSITE EXHIBIT "A" 3 Chapter 10 4 5 6 GARBAGE, TRASH AND OFFENSIVE CONDITIONS* 7 8 9 Art. I. In General, §§ 10-1--10-21 10 11 Art. II. Refuse, Garbage and Trash, §§ 10-22--10-49 12 13 Art. 11I. Abandoned Property, §§ 10-50 10-54 14 15 Art. 1V. Reserved, §§ 10-55--10-61 16 17 *Cross references ............ Solid Waste placed within ,~,, .......... Department of 18 Fub!ic Public war~xWorks, 19 § 2-2; removal of dead animals, §§ 4-10, 4-11; nuisances arising from keeping of animals, § 20 4-13; open burning, § 9-3; stench bombs and other offensive matter, § 15-11; litter, § 15-26 21 et seq.; disposal of refuse and trash on beaches and in parks, § 16-49. 22 23 24 25 ARTICI .E L IN GENERAL 26 27 28 29 Sec. 10-1. Reserved. .30 31 Editor's note-Section 2 of Ord. No. 88-39, adopted Sept. 7, 1988, repealed former § 10-1, 32 which pertained to penalties and derived from Code 1958, § 13-42. 33 35 36 Sec. 10.2. Lands to be kept free from trash or rdth. 37 38 The owners of lands within the c4t-y47ity shall keep the sameland and one-half of any 39 abutting street, alley or easement free from any accumulation of trash or filth, broken tree 40 limbs or branches, uncontained garbage or refuse, any containers or materials which could 41 hold or conceal pools of water, and heavy dense or dank growth of weeds, grass, underbrush, 42 palmettos, Florida holly trees, or Other uncultivated vegetation, or other dead or living plant 43 life, which "might constitute a fire hazard, serve as a breeding place for or harbor insects, 44 rodents, wild animals, snakes or other pests or vermin, or-give off an offensive odor, or which 45 otherwise is cOnsidered to be a hazard to the health and safety of individuals residing or ~46 working on neighboring property and the general public, [-whic-h:lwhich, shall in each S:R?3-x. Ordlnanees~lt'att ordinnnc~Chal~r 10 - Cra~o~ge, Tx-ash and Offensive Conditions. doc 3 1 constitute a nuisance when any parts or accumulation of growth are located within fifty (50) 2 feet of the boundary of any developed or maintained adjacent prOperty located in the 3 corporate limits of the City of Boynton Beach. Ln the event accumulation ... ~ .... h ............ i ,~v, .................................. a ....... · .sane.. It is 6 further found and declared that said accumulation and growth are detrimental to the economic -? welfare of the adjacent property, and injurious to the public safety, health and welfare of the 8 City of Boynton Beach and its inhabitants. Said nuisances also adversely affect economic 9 growth, stability and prOsperity of said city and its inhabitants. It is further found and 10 declared that dense, undergrowth, weeds and vegetation either cultivated or uncultivated that 11 are allowed to grow so as to imPede and obstruct the normal view of ig_t_ersecfions, railroad ]2 crossings or traffic signs from streets, roads and highways are traffic hazards and are hereby 13 declared to be a nuisance. (Code 1958, §§ 13-15, 13-18, 13-27; Ord. No. 80-27, § 1, 7-15-80; 14 Ord. No. 82-28, § 1, 9-21-82) 15 16 17 18 Sec. 10-3.Lands to be kept free from matter occasioning 19 hurricane hazards. 20 21 All lands in the c4ty-City shall be kept free from debris, vegetation (including trees) or 22 any other matter, which by reason of height, proximity to neighboring structures, physical 23 condition, or other peculiar characteristics, might, in time of hurricane Winds, cause damage 24 to life or property within the immediafe area surrounding the same. The existence of any 25 debris, vegetation or other matter as shall create such a hazard is hereby declared to be.a 26 nuisance. (Code 1958, § 13-17) 27 28 29 30 Sec. 10-4. Inspection of lands to determine violation. 31 32 The ~ity mamager-Manager'or ~2s the designated representative shall, as often as 33 may be necessary, inspect lands within the c-ity-City to determine if violation of this chapter 34 exists. (Ord. No. 89-47, § 1, 12-5-89) 35 36 37 38 Sec. 10-5. Notice of violation required. 39 .:40 If the c4ty~ity mmmger-Manager or ~ds the dssignatcd'representative $~-'MI de. termincs_ -41 that a public nuisance exists~ in accordance with the standards set forth in these sections on -42 any lot, tract, 'Parcel or other, real property, .within the c4t~. it3t, whether improved or 43 unimPrOved, taethe Cit~ Manager, or thc designated representative, shall fm"~w!'~ notify thc 44 owner of the property, as the 'ownership appears upon the last complete records of the county 45 tax assessor. The notice shall be given in writing by first class mail, postage prepaid, which 46 shall be effectiVe and complete when properly addressed as set forth above and deposited in S:~CAlOrdimmce~lraft o~ainanceXCl~mr 10 - C, aflaage. Tra~ and Offemive Condifio,s.doc 4 1 the United States mail with postage prepaid, and shall be cOnsidered sufficient notice. In case 2 of multiple or joint ownership, service as herein provided on any one (1) owner shall be 3 sufficient. The personal hand delivery by the e4ty-City ~Manager or 4 representative in lieu of mailing shall be equivalent to mailing. In the event that the mailed 5 notice is returned by the postal authorities, the c-ity-Ci _ty ~Manager or P2s the 6 designated representative shall cause a copy of the notice to be seawedhand delivered upon the 7 occupant of the property~ or upon any agent of the owner thereof. In the event that personal 8 service upon the occupant of the property or upon any agent of the owner thereof cannot be 9 performed after reasonable search, the notice shall be given by a physical posting of the 10 notice on the subject property. (Ord. No. 89-47, § 2, 12-5-89) 11 12 13 14 Sec. 10-6. Content and form of notice. 15 16 (a) The Notice provided for in section 10-5 shall notify the owner of the land of the 17 following: 18 19 (1) That ti_t has been determined that a public nuisance exists on b,/sthe land, 20 and what constitutes that nuisance. 21 22 (2) That ri:the owner of the land shall have a max/mum of no more than ten 25 from the date of receipt of the notice to remove the condition causing the 26 nuisance on the land. 27 28 (3) That ti_f the conditions are not corrected or removed, the city-City shall 29 have them conditions corrected or removed at the expense of the owner, 30 including, but not limited to all administrative and inspection costs: 32 '33 (4) That ~the ownert~s) have no more than amard~.~ .,-~e,. ............. , ......~, ......... e, .....mpmr, entat::',e from the 36 date of ~ceipt, or delivery_, or posting of the notice to bring the 37 property_ into conformance with the City's Code of Ordinanc ,es, to file a 38 written petiOo~appeal towith the ~i_ty mmmger-Manager or designee 39 for a hearing before a three-person appeal panel. ~a.~l'he three-person 40 appeal panel. '::72c~ shall be composed of the ~y--Ci~ mmmgeeManager, 41 the direc-mr-Director of:pub5e Public ......,o~...~-~-'w,-~'vo.. ---~, and the code-Code 42 ee~ptht~-Compliance ......... Admimstmto~, or their designees: 4~ The ~ ;v~J. Cb hearing regarding the owner's appeal, shall, be held within to, 44 five' (-t05__) days of the date thc petition is received by thc c-it)~2i _ty 45 ~Manager. 46 S:~CA~Ordinnncesklrafl m'dinam:c~ 10- ~e, Trash and Offensive Co~titilms.doc 1 (5) That the written appeal shall address the following issues: 2 3 (a) Whether the conditions do in fact exist; .4 (b) Why the City should not abate the conditions on the property, c4t-y-at 5 the expense of the owner, and 6 (c) The time limits for the abatement. .7 8 ~-,~,,~t<x~ That the source of the condition shall not be a defense against the 9 requirement that the condition shall be abated by the owner. 10 11 ~ttr~r~,.t~.t That tif: ..... after a hearing~ the board determines that the conditions which 12 exist on the property constitute a public nuisance, the bbm-d tuffy grant the' 13 oWner of the property such ~additional timemax.mu~-~; "~' of ....... ~,J '-'-a ....................... as the board should m as 15 appropriate to correct or remove the conditions after which the c4ty-City 16 shall have the right to have the conditions abated at the expense of the ~7 property owner. If the owner does has not requested a hearing within the is designated time allotted~m-OO)-da~, the city-City shall have the fight to 19 have the objectionable condition corrected or removed at the expense of 20 the owner. If the c4ty-City has the condition abated and payment is not 21 received within thirty (30) days after the mailing of a notice of assessment 22 for the cost of the work together with all costs of inspection and 23 administration, the c-C_ity shall have a lien placed against the property for 24 the cost of the work,--including inspection and administration costs, plus 25 interest at the rate of eight percent (87_~_) Per annum, pem-e~, plus 26 reasonable attorney's fees, and other costs of collecting the sums; without 27 further hearing by the board or commission. 28 30 31 33 ~x~tYrTt"~ t~ ~>T r~T Tt~ ~T r~ ~ 35 :36 ~;hatO 37 38 :39 40 a 41 42 45 S:XCA/Ora~,,~sXara~ o~ai-,-c~XC~a~t~ I0- ~ ?rasa aaa Offeasive Co~itiom.aoc 6 1 7 13 .................................. ~ t:mC, ....... j .... j 16 20 ~ ............................ , .......... ~.~, W C ....... ~ 22 27 33 ~J ......................................... expcr~e 37 inclu~ng ....~ .......................... ~ .......................... ~-- w, pcrccnL 41 C~ ~ ~~xt ~ 42 43 ~Y: ' 45 (~d.'No. 89~7, ~ 3, 12-5-89; Ord. No. 02-033, { 1, 8-2~02) 46 S:~~ ~~ 10 - ~ T~h ~ ~vc C~~ 7 1 2 Sec. 10-7. Hearing. 3 4 (a) The owner of the property shall have the right~ to file a written petition With the ......... max ...... ten (10) days 5 City Manager for a hearing no later than .,;,h;. ~ .;m.-~ 6 whatever ~a. ......... ~.,~ ,; ....~a~'~-"";"~'~. by a.~ ~-~, ...... - a ,h,~ ;...~.~.., 7 ,r,.~ o;,.. ,,a ........ ,~.~ .~o;.-...,~a ....... '~';-'~ from ~e da~ of the notice of 8 public nuis~ce provided for in this chapter. *- ~]~ '-~" .... ';'; ..... ;'~ *~ 9 ~* ......... ~ ...... fcra ~e hemng sh~l ~ held ~fore a t~ee-~mon bo~d 10 composed of ~e~*~'~j City ~M~ager, the ~Dkector~.~ ~u~v~o..~ ~blic I1 wer~m Wor~ngineer ~d ~e ~C~e ~omp~ce 12 ~;o,~,~i~i~r~r~ or their desi~ees. , -'h~ ~e he~ng sh~] ~ held ]3 no later ~ wit~Jn ten (10) days after ~e CiW M~ager receives the ~fifi°n.~ 15 16 ~) ~e issues to ~ dete~ned at the he.rig ~e whe~er =~e con~fions do in fact 1~ e~st~ ~d why the con~fions should not ~ abated by the ~ity at the ex~nse 18 of ~e o~er, ~d ~e time li~ts for ~e abatement. ~e so.ce of ~e con~fion 19 sh~l not ~ a defense ag~nst ~e ~quirement ~at ~e Con~on sh~l ~ abated by 20 the owner. (Ord. No. 8947, ~ 4, 12-5-89; Ord. No. 02.033, ~ 1, 8-20-02) 21 22 23 S~. 10-8.Abatement by ~ity; notice of ~t~at~ cost. 25 (a) ~ ~ter a he~ng, ~ provided for in s~fion 10-7, ~e ~d dete~nes ~at ~e 26 con~fions w~ch exist on ~e pro~y cons~te a pubic nffis~ce, the o~er of 28 ..... ad~ton~ time ~ ~e ~d should d~m ~ appropriate to remove or co. ct 29 ~e con~fions, ~er which the ~ity, *[ ..... ~ *k~ ~"' -~:~;~'; ........ *~ ~ ~ ~*~*~ ~;~ "-' *"~ ~'-' -~;~;~*~"~ sh~l have ~c d~t to have ~e 31 con~fions abated at the ex~nse of ~e pro~ o~er. ~ the owner h~ not 34 ~sh~ have ~c ~t to ha~ thc ob~6onable con~on co~ 35 or ~m°Ved at ~e' ex~n~ of ~e o~er. ff ~e ~i~ h~ ~e con&fion abat~ 36 ~d pa~ent is not r~eived wi~n ~y (30) days ~er ~e m~g of a notice of 37 ~essment for ~e work together wi~ MI cos~ of ins~cfion ~d a~s~fion, ~9 ~f ~e ~o~k~ ag~nst ~e p~ ~ pmvid~ in ~s ~apte~, 4o ins~on ~d a~s~a~on costs, plus int~st at ~e rote of ei~t ~cnt (8~ 41 ~r ~n~, plus re~onable aflomey's f~, ~d o~er costs of coB~ng 43 ~ ~)~ ..... · ~ ;~,,, ~ays ~or to ~e con~fion ~ing co~t~ by, ~.~ -,"* *~-.~ ........ ~--~ ~.,~ 45 ~e ~iW, notice shM1 ~ ~hvemd or ~nt by f~ elms m~l, ~ag¢ pmp~d, to ' 46 ~e o~er app~n~ofi~g ~c o~er of ~c ~fimat~ cost of abating.~o - S:~~~ ~~ l0 - ~ T~h ~ ~ ~.~ 8 w~J h 6 exerc:smg 9 --~---";~' ~,~ ..... ~ ~.~ ,m~.,.~ ~--r'~+~'- (Ord. No. 8947, ~ 5, 12-5-89) I0 11 13 15 j~.j ............ j 17 insurance .......... ~ .................................. ~ .......; 18 eels ................. ~ ........... j 20 .~o~ ............... ~ .... ' ~ 21 v ..................... ~ 22 23 ~ ~; ui p P Y 24 n sance ...... ergon ~- corn ~ ................. 27 bu ............ ~ ............ o .............. o ..... tony .....r 32 33 36 41 · 42 S~ lOH~~ment of c~, ~te~ ~d a~mey's 43 fe~; ~en. 45 As s~n .~ possible ~r ~e abatement t~es pla~, ~ is fe-~ible, ~e ~it~ ~ ~~ager sh~l m~, to ~e O~ ~...m~--; ~ Co~ssion ~e cost of ~e abatement, S:~X~;;,~ ~~p~ 10 - ~g~ Tm~ ~ ~ ~fi~.~ 9 1 including the costs of inspection and administration. Thereafter, the ~ '4-n City 2 Commission shall~ by resolufion~ assess the costs against the subject parcel. This resolution 3 shall describe the property assessed, show the costs of the abatement, including costs of 4 inspection and administration, and indicate that the assessment shall bear interest at the rate 5 of eight percent. (8~_.~_) peru-em per annum plus, if collection proceedings are necessary, that the 6 property owner would be required to pay the cost of the proceedings including a reasonable ? attorney's fee. This resolution shall become effective thirty (30) days from the date of 8 adoption, and the assessment contained therein shall become due and payable thirty (30) days 9 after the mailing date of the notice of the assessment. In the event that payment has not been 10 received within thirty (30). days after the mailing date of the notice of assessment, the c4t-y 11 City clerk Clerk shall record a certified copy of the resolution in the public records of Palm. 12 Beach County, ~and upon the date and time of recording the certified bopy of the 13 resolution, a lien shall become effective on the subject property which shall secure the cost of 14 abatement, including costs of inspection and administration, and collection costs including a i5 reasonable attorney's fee. At the time the c4ty-Ci _ty c4ofieClerk sends the certified copy of the 16 resolution for recording~ the Clerk shall also notify the property owner that the City is 17 recording a certified copy of the resolution in the public records of Palm Beach County.a 21 NO22CE OF 22 23 24 25 26 TO: 27 29 30 da:,' of ~ n. ,a.;.,~ ,u .... ; ....... u;..u c .... a ,~ 32 , ~.- , .................. ;;'at, 37 ...... ....~..;- +k~ r~...~ ~,k~ ~++~.~k~a ~.~l..+;^~ m..~..~ ,~t~ ..~ ;~.. +k~+-+~.~. ~..k.+;.... -~" by y 43 45 46 BY: S:~A~Ordit~ttce. s'~lt.a~ ~dinnnce~42~ 10- Gnrbnge, Tr~h and Offensive ~.doc ]0 2 (Ord. No. 89-47, § 8, 12-5-89) 3 4 5 Sec. 10~121_..0.0. Enforcement of assessment. 6 7 The ~ty-City may enforce the assessment by either an action at law or foreclosure of 8 the lien provided in section 10-I1, which shall be foreclosed in the same manner as 9 mortgages are foreclosed under state law. In either type of action, the city shall be entitled to 10 interest at the rate of eight percent (8~_~_) per annum pore-em-from the date of assessment, in 11 addition to collection costs_, and reasonable attorney's fees. 12 (Ord. No. 89-47, § 9, 12-5-89) 13 14 15 Sees. 10:!311....~10-21. Reserved, 16 17 18 19 ARTICLE Il. REFUSE, GARBAGE AND TRASH* 2o 21 *Editor's note-Ord. No. 82-29, § 1, enacted Sept. 21, 1982, repealed former Art. II, §§ 10- 22 22--10-39, relative to refuse, garbage and trash, and enacted in lieu thereof a new Art. II, 23 pertaining to the same subject matter. Former Art. II was derived from Code 1958, §§ 13-2-- 24 13-6, 13-9, 13-11, 13-13, 13-33--13-41, and Ord. No. 80-20, § 1, adopted June 3, 1980. 25 26 27 See. 10-22.City to colleet and dispose of garbage; 28 supervision; regulatory authority. 29 30 All refuse, garbage~ and some trash of all types, and ~o.-'t/cu!tm-"2 mfusevegetafive 31 trash, recycling, construction and demolition material accumulated .in the c4ty-City shall be 32 exclusively collected, conveyed and disposed of by the c4ty42i~ under the supervision of the :33. ""~'~:"'t,,,,,,~,. "., .... v..~,~'~ ,~v..,,,,,-.,~,.,.,,,,a:~*"~m"~*~"' of Public Works; The public ..... .. ,.~.~-~ '-~;~.,,,.~.,.. Director of Public 34 Works shall have authority to make. administrative regulations Concerning the days of 35 collection, type and location of waste containers and such other matters pertaining to the 36 collection, conveyance and :disposal not otherwise set by the c-ity-Ci_ty c~,mm!s~en · 37 Commission: or the oily-City .mmmger-Manager as he shall find necessary, and to change and 38 modify the same after notice as required by law, provided that such regulatiOns'are .not 39 con~ to the provisions hereof. 4o (Ord. No. 82-29, § 1, 9-21-82) 41 42 43 Sec. 10-23. Def'mitions. 45 For the purpose of this article, the following words and terms are defined as follows: 46 SACA'd)rdlnnnees~lraft c*dlnaneeXChaptex I0- Garbage. Txash and Offensive Co~difions.doc 1 1 Additional pickup means a collection of garbage, combustible trash, noncombustible 2 trash~ ...... -~ Vegetative trash, or bulk trash required due to the inappropriate 3 container, lack of containerization and/or size or type of material placed out for 4 pickup. Service charges shall be assessed against the 'customer for additional pickups. 5 6 Commercial means any public or private places, building and/or enterprise or of 7 business devoted in whole or in part to a business enteaprise, whether nonprofit or 8 profit-making in nature, including, but not limited to hotels, motels, restaurants, 9 offices, industries, stores, markets, theaters, hospitals and other institutions locations 10 which hold themselves out to the public as places of business, services or 11 accommodations. 12 13 Containers or receptacles/Single ~'~;h'/eb'"[" ~'.._;t.,. 14 15 (1) "Noncontainerized" means the use of a ~,.-~-,-o ................... e,.,- e,-,-.~, ...... , o ........ metal or v .......... a 19 into ~ ~ '°~*; ..... .. oam .............. "roll-out cart" provided by the City for the use of garbage 20 collection purposes. The cart as defined will' be of a special design and 21 construction as to allow for the mechanical or automation of collection of garbage. 22 23 (2) "Containerized" or "Dumpster" means a detachable metal container provided by 24 the city designed and intended to be mechanically dumped into a packer-type 25 ge. nitatien Solid Waste vehicle and varying in size from two (2) cubic yards to 26 eight (8) cubic yards adaptable to 64ty-City equipment. This type receptacle is 27 normally associated, with collection service for Commemial or Multifamily 28 developments. 29 30 (3) "Containerized or Dumpster with wheels" are containers supplied by the 31 occUPants,..business, or institution who choose to use them inside buildings and 32 roll them to the designated outside location for pickup. This type receptacle is 33 norm.ally associated with multi family or commercial developments. 34 35 (4) ".COmpactor'' is. a mechanical device to accept g .arbage,: trash, and other types of .36 materials, mechanically press or compact the material, into amore dense form, and 37 to be serviced by City tracks designed for such operations. The compactor shall be 38 the property_ of the bnsine.ss, institution,, or customer, and shall not be owned, 39 m..aintah!.ed,, or rep.aired by the City. The.City shall service the compactor to the 40 extent of collecting and disposal .of the material, and will not be responsible for 41 the mechanical operation, repair, energy to operate, or longevity of the device. The 42 customer' shall be reSPOnsible for consulting wi.th the City prior to purchasing a 43 compactor to assm-e the:compactor ..and ~ City trucks used 'to service the 44 c0.mpaCt~ ~ compatible. Failm'~ on th~ part: of the customer to conduct Such 45 coordination shall not Waive the requirement, that :the Compactor is to be servic~ ~6 by City equiPment. The City will bear no responsibility for modifying either the S:XCA~vai~anc~s~tralt o~aaceXChala~ I0- C, af~ge. Tra~ aad Ofleasiv, Coa~iou~ 12 1 compactor, or its equipment to offer the necessary service. This type receptacle 2 can be associated with commercial, mobile home parks, or institutional type of 3 customers. 5 (5) "Roll-out garbage carts" are specialized garbage carts provided exclusively by the 6 City as a part of the residential garbage collection service. The carts are of a 7 design that would allow the City to mechanically collect the garbage, or to 8 automate the garbage collection process. 9 10 (6) "Roll-off containers" are various sized metal containers specially designed for the 11 collection of noncombustible trash, construction, denl01ition, cleaning, 12 renovation, industrial or garbage wastes, normally associated with ~onstmction 13 projects or special events. The containers are provided by the Ci_ty upon request 14 and qualification of the customer, and shall be serviced by the City exclusively on 15 an as needed basis. 16 19 20 Dispose means to deliver to approved landfill or transfer station or other approved 21 disposal method. 22 23 Director o£Public Works means the Director of Public Works and/or the duly 24 authorized agent. 25 26 Recycling means any process by which solid waste, or materials which would 27 othenvise become solid waste, are collected, separated, or processed and reused or 28 returned to use in the form of raw materials or products. 29 30 Refuse shall mean any or all of the following: garbage, combustible trash, 31 noncombustible trash,~...."--a .... .,~-.-~a vegetative trash, contaminated yard trash, bulk trash, 32 construction and demoliti°n material, hazardous, industrial waste, infectiOus waste, 33 and recycling.material. Such items are hereby further defined :as follows: 34 35 (1) "Garbage:'~' Every accumulation of animal, fruit, or vegetable matter that attends 36 the preparation, use, cooking and dealing in or storage of meats, fish, fowl, fruit or 37 vegetables, and any other matter, of any nature which is subject to decay, 38 putrefaction and generation of noxious or offensive gases or odors, or which, 39 during or after decay may serve as a breeding or feeding material for flies or other 40 germ Carrying insects; and any bottles~ cans or other containers, except recyclable 41 containers,' which due to their ability to retain water, may serve as a breeding 42 place for .mosquitoes or other insects. Garbage shall not include human solid 43 waste. Garbage' is collected from each msideatial trait-in tho City twice a week, 44 and from each. COmmercial establishment as nxluested bY the customer or as 45 required by the Director .of Public Works when public safety or appear'/m.ce is 46 jeopardized. S:XCA~Oraimnnces'~dral~ onlinance~Imptet 10 - Garbage, Trash and Offeaafive Condifim~s.doe 13 1 2 (2) "Combustible trash:" Accumulations of paper, rags or wooden or paper boxes, 3 sweepings, small appliances, furniture, toys, and other accumulations of a nature 4 other than garbage which are usual to housekeeping and the operation of stores; 5 offices, and other business places up to an accumulation .of one cubic yard. 6 Accumulations of greater than one cubic yard of this material will be considered 7 as bulk trash. Combustible trash shall be collected on scheduled pickup days once 8 a week at all residential units throughout the City. 9 10 (3) "Nonzcombustible trash:" Materials that are not burnable at ordinary incineration ! 1 temperatures, such as metals, mineral matter, metal fumiture~apd auto bodies and 12 parts, dirt, bricks., paving and other types of building or demolition m,'/terialS.. The 13 City shall not collect non-combUstible trash on a scheduled, routine basis. 14 15 (4) "Yard trash:" Shall mean vegetative matter resulting from ~ardenine._ 16 .,1.~, ........ .~ ~,~.~ ..~.~...4 ..... """" including accumulation of lawn, grass, 17 shrubbery cuttings, dry leaf rakings, palm fronds, small tree branches not to 18 exceed four (4) inches in diameter or four (4) feet in length. Accumulations of 19 subject material up to two cubic yards shall be considered as "yard trash". 20 Accumulations in excess of two cubic yards or the material; or shall be considered 21 as bulk trash. Yard trash shall be collected on scheduled pickup days once a week 22 at all residential units throughout the City~ All yard trash generated by privat.ely 23 contracted yard services shall be considered as commercial .material and shall be 24 disposed of by the private con'tractor responsible for generation of the material. 26 (5) "Contaminated yard waste:" Shall mean any yard and garden waste pile 27 containing material other than containerized grass or leaves, shrubbery cuttings, or 28 vegetative matter of any .type incidental to: the care of residential lawns and 29 gardens, including limbs and branches less than four (4) inches in diameter or four 3o (4) feet in length. 31 32 (6) "Bulk tr.ash:' Shall.mean. large objects and items, however .not necessarily limited 33 to the following: washers, dryers, .fumi.tum (including mattresses'and springs), 34 nlgs, .cabinet,5, wooden boxes, and other types of household items of size and 35 volume less than two cubic yards. Bulk trash Shall also include owner generated 36 construction debris less than one (1) cubic yard. Also included shall be trees, tree 37 stllmpsi and tree limbs less. than four (4) inches in diamcterand less than four (4) 38 feet in length except for palm fronds,, and the accumulation of such yard waste 39 type material~iessin excess of ahan two cubic yards. :40 41 (7) "Construction and demolition material:" Commonly referred to as C&D debrisi 42 shall be' any byproduct material from either the Construction or demolition or 43 remodeling, or.repair of any _type building,' structure, or roadway, or driveWay 44 materials. Material would commonly contain, butnot be limited to, sand, building 45 materials, rubble, StQne~ brick, e~arthwork, paving materials, concrete, blocks, 46 wood, roofing materials or all types, me ,tal, piping, asphalt, dirt, rocks, HVAC S:W_~\Ora~,,~ma~t ~~napu~ 10- Cradntge, Trash, and Offensive Conaifiom.aoc 14 I ducting, heating and air conditioning equipment, plumbing fixtures and the like. 2 This material will not be collected routinely by the City. The customer shoula 3 contact the Director of Public Works to schedule the removal, or arrange for a 4 roll-off container to be provided but the City. The cost of this service will be in 5 accordance with the type of materials and the cost of associated disposal. 6 7 (8) "Hazardous material:" Shall be any type material or product whose chemical or 8 biological nature make it dangerous to the human health if disposed improperly, 9 or that could cause harm to the environment. This includes any material which 10 requires special handling due to its acute or chronic effects on air and water 11 quality, on fish, wildlife, or other biota and on the health and welfare of.the 12 public, including but not limited to explosives, pathological -wastes,~ radioactive 13 materials, oil based paints, thinners, fluorescent bulbs, auto fluids, pesticides, 14 flares, pool chemicals, sharPs or needles, batteries, and acidic, caustic, toxic or 15 highly flammable chemicals. The City will not collect hazardous material on any 16 regular Solid Waste services. Arrangements for the Special disposal shall be made 17 by the customer for the proper~ safe, and legal disposal of hazardous material bY 18 calling the Solid Waste Authority. 19 20 (9) "Infectious waste:" Is any Wpe of waste material resulting from the operation of 21 medical clinics, hospitals, abattoirs, and other facilities producing waste which 22 may consist of human and/or parts contaminated bandages, pathological 23 sPeCimens, hypodermic needles, contaminated clothing and surgical gloves. The 24 City will not routinely collec-i infectious waste. Arrangements for special disposal 25 shall be made privately by the customer for the proper, safe, and legal disposal ot 26 infectious waste according to standards within the relevant industry. 27 28 (10). "Recyclable materials:" Shall mean newspaper (including inserts), aluminum~ 29 plastic containers, glass bottle and: jars, milk and juice cartons, aseptic containers, 3o corrugated cardboard, brown pa_Der bars, mixed paper, tin, and ferrous cans, 3! household dry-cell batteries (no wet-cell batteries) and other type materials that 32 have known recycling potential, can be feasibly recycled, and have been diverted 33 and source separated or have been removed from the solid waste stream for sale, 34 use+ :or reuse as raw materials, Whether or not the materials require materials. 35 wOuld include items that are capable of being recycled and .which would otherwise 36 be processed or disposed of as solid waste. Recycled materi al shall be collected on 37 a schexlnied murine basis from each residential unit in the City. 38 39 Residential dwelline unit_ means any structure or shelter, house, apartment, building, 4o or any part thereof used or constructed as~,-~fidea~,efor human, habitation.and shall. 41 include bath and culinary accommodations_ for one or more families. 42 43 (!) "Single-familY Dwelling:" means.a residential dwelling unit designed to contair~. 44 only one (1) family, or any residential dwelling ~_m. it, or any number of residential. 45 dwelling units receiving Solid Waste service for e~ac_.h individual dwelling unit. 46 S-.~A~2)rdinances~lrafl op:tinance~hapt~ 10- Garbage, Trash and Off~axsive Conditions.doc 15 t (2) "Multi-family Dwelling:" means a residential dwelling unit designed to contain 2 more than one family, and received containerized Solid Waste service. 3 4 Sanitaffo~ cuFc,~aisorDirector of Public Works means the direem~Director of 5 Public works Works and his the duly authorized agents of the Director of Public 6 Works. 7 Sp ial pi kup ' 8 ec c i~a4olte~shall be of materials ........ o ..... a -~ oll d 9 ~^ ,u~ ..,,~.n~ ..... ~ ~,~...~ ,~. ~..-~ ~ ~ ,, .... ;..1 ~;~t~,, ~^. ;~ not c ecte 13 werl~ ~o~. S~ciM pic~ps will be c~r~nated wi~ 14 s-~it-2Aen su~pAserDkector of ~bUc Works 15 picked up. Items to ~ picked up will not ~ de~hted at curbside more ~ 24 ho~ 17 pic~ps shill ~ at ad~fionM cost to .~e resident. i8 s~ciM pic~p should ~ obt~ned by contacting ~e office of ~e D~ctor of ~b~c 19 Wor~. S~cifl pic~ps will be made ~ s~n ~ practicable u~n acceptance of the 20 cost estimate by the owner. 21 26 (~d. No. 82-29, ~ 1, 9,21-82; ~d. No. 92-12, ~ 1, ~2-92; ~d. No. 9&28, ~ 1, 9-9-94) 27 28 29 S~.10-~$~e Fa~y R~idenfial 30 Rede co'2ecfienCoH~tion. 31 35 '3a ~(a) ~e ~i~ ~1 coll~t noncont~ne~ed ~idenfi~ ~se under ~e foHo~g 37 conditions: 38 39 (1) G~age ~d cembusfible ~ wig ~ collated ~i~ ~r w~k m c~ · 40 o~y ~m each sinR!9 f~ly 41 out g~age c~. 43 a l~: ~d :~con~ned m~ on ~e ma~, .~.sw~e or o~ l~ons ~ adjacent to ~e roadway wi~ pm~t~ 46 ..~--~.~ ~//~ w~,~.-~'~ S:~A~~ ~~ I0- ~ ~ ~ ~ ~.~ 16 1 carts shall be placed inside the cart, and the lid of the cart must be closed. All 2 ~refuse cans and carts shall be aboveground, placed off the street, 3 but within three (3) feet of the curb or edge of pavement and shall be located a 4 minimum of f+ve-(-5)three (3) feet from any Obstruction that may interfere with 5 routine collection, tt..n 7 combustible trash will not be collected with household garbage, but will be 8 picked up once per week on a scheduled trash pickup day. Yard trash ..and 9 combustible trash capable of being containerized should be placed in a 10 standard garbage can, roll-out garbage cart, plastic bag, or disposable 12 Collection of yard trash should be Piled separately from all other trash at 13 curbside. Any mixing of household garbage, combustible, noncombustible, or 14 bulk trash with the Yard trash shall be strictly Prohibited. Placing of yard trash 15 or combustible trash in the Paved area of the street or on vacant lots is prohibit 18 ......... +. r ........ .~; ....] ' S .... a, ........... t.~--t, ....}, .... Material classified as hazardous material 19 will not be collected by the City. Household garbage, trash or any type of other 20 material intended for collection, shall not set out prior to 6:00 PM of the day 21 proceeding the scheduled pickup. 22 23 (2) All garbage cans provid_ed by the individual customer shall be subject to ....... Director of Public Works 24 inspection and approval by the},,.,..,."-~'u ...... ..._.or'- a;.~+^.. · 25 or his-des/~mtedesignee at all times. A container not approved by the pubtio 26 ,,vor-t~d~Director of Public Works and which is set out for collection 27 will have a notice placed upon the container, handed to the owner or occupant, 28 or left at his residence and the occupant shall no longer use the container for 29 collection. 30 34 38 39 (a.x,(3) Special waterproof disposable refuse bags or any other containers may 4o be used for vegetative materials. When such bags or any other containers are 4] used, the responsibility for protection of either the bag or thc container and the 42 contents shall rest with the individuals occupying or residing.-on the property: 43 occupants. Rupture of, .or damage to the bag' or'. container~ from any cauSe 44 which resul~__iog-in the scattering of refuse prior .to the arrival of City 45 collection personnel will obligate the user to reassemble all of the refuse in 46 ....,.~'~ r---~"~a~.---'~- an undamaged, bag or container prior to pickup by the cAtyCity. $:\CAXOrdinanccs~a~ oralnam:e~ 10 - GaUge, Trash ami Offensive Conditiom.doc 17 1 2 5 .~, ~.. ,~ ~ ~.~ ~ Accumulations of y~d tr~h shall ~ stacked in 6 compact piles not to exceed two (2) cubic y~s in volume at curbside wi~n 7 ~e confines of residents' or ownem' side pro~ lines. Deposits of 8 ~ash shall not obs~ct pedesffi~ or vehcul~ ~c. ~e ~ity ~ not 9 collect y~d ~h produced from co~erciM ~ee ~ng o~rafions, 10 l~dsca~ ~d lawn mMntenance o~mtom. Tr~ ~em, or privately 11 employed ~e ~mmem, ~ ~bofists, l~ca~ con~actqrs and o~mtom of 12 ~ee and s~b~ m~nten~ce se~ces shM1 remove all ~ash ~d debris 13 from the presses upon which ~ey ~e worhng, inclu~ng but not li~ted to 14 limbs, ~e gmS, r~ts, s~b~ chppings, md o~er debris em~afing from 15 thek work. Dis~sM of y~d mh pr~uced by co~erciM o~mOons or ~ose 16 p~d to conduct such o~rafions shMl ~ sfficfly prohbited. No 17 ~h shMl ~ placed on pro.ay owned or ~cupied by o~e~ wi~out 18 ~mssion. 19 22 25 31 32 ~5) ~R~ ~on~ne~, c~s, ~d c~s shMl not 33 m~nt~ned u~n or.~jacent to ~y s~t, Sidew~,~p~ay, ~nt y~d, side ~ y~d or o~er place wit~n ~e ~ew of ~mons using ~e~.~j~;~oo City's s~ or si~w~s except provided he~in 41 °cac~ czll"~fizn iS ma~. ~ot~fion of ~e con~nem placed for collation is 42 ~o ~nsibi~ty of ~e r~ident. 43 ..... , ~ .....up. l+e~ to S:\CA\Or~n~'~shh~fl cs~c~r'~r 10 - Garbage, Trash ami Offeasiv~ Comli~om.doc 18 3 (Ord. No. 82-29, ~ 1, 9-21-82; ~d. No. 92-12, ~ 2 4, 6-2-92; Ord. No. 94- 4 28, ~ 2, 9-9-94) 5 6 (6) Curbside residenfiM recycling se~ice will be ~ven to each residential 7 dwell~g uffit wi~ ~e City, once a week. ~e City shall provide each resident 8 wi~ two {2) mcyc~ng bins or c~. ~e sh~l ~ u~d for the accumulation 9 plastic cont~nem, ~ass, ~u~num ~d o~er ~lowable co-~n~ed matefi~s. 10 ~e o~er shall ~ used for newspa~r, mag~ines, ~lossv paper, office ~ade 11 pa~r, ~d co, gated c~d~d. ~e bins shall ~ ~t oul on the desi~ate~ 12 collation day, 13 14 ~7) ~e ~s~nsibilitg for pm~r placement ~d p~p~afion of solid w~te 15 matefi~s for collection sh~l be ~at of the ~sident of the dwel~ng uffit. It 16 sh~ ~ unlawful for ~y ~mon, upon vacating or moving from ~y dwelling, 17 storer~m, or ~y o~er buil~ng in ~e City, to f~l to remove ~l g~bage, 18 rubbish, ~d debts from such b~l~ng ~d pm~ses, ~d ~ounds appu~en~t 19 ~ereto, or to f~l to place s~d wrote in ~ approved sanit~ cont~ner for 20 ~s~sM in accordance herewith. F~l~e of a ~nter, less~, ~or tenet to 21 comply wi~ ~s r~u~ment sh~ obligate ~e prolog owner of ~cord to 22 fulfill the ~sponsibi~W of compli~ce with ~s ~cle. 23 ~ (8) H~dous wastes, i~ous wmtes, cons~cfion ~d demo~fion matefi~, 25 dead animus ~d ~y o~er pro~ted wrote shall not ~ placed in g~a~e 26 c~S~ bags, or ~y o~er t~ of con~in~ or plac~ l~m on ~e ~und wi~ 27 ~e expiation of having ~e m~t~ co~ted by ~e CiW. ~e matefiffis 28 rare not p~-of Sin~e Family Residenti~ :Re~se Collation Se~ice. ~e 29 r~ident ~or.~o~ omer should con,ct ~e ~tor of ~blic Wor~ in 30 order to inqffire ~ to ~e ~o~r ~s~s~ me~ for such matefi~s. 31 32 33 S~. l~.Con~ed~ ~erei~' and r~idential 34 eo~tion. 36 (a) Regulaffo~ governing containerized se~ce: 37 38 (1) Cont~nefiz~ re~se se~ice sh~ ~ c~ed out by ~e ~i~ at co~e~ or 39 mulfif~ly r~idenfi~ establishmen~ in ~e promotion of im~oved ~ con~fions for ~e prevention of he~ h~d. c°n~n~ ~e suppled by ~d 41 sh~ ~m~n ~e pro~ of ~e ~i~ ~e ~l~domer is res~nsible for 42 ~e pm~fion of con~n~ pla~ to ~e ~e pm~. 43 ~l~downer sh~ ~ ~able to ~e extent of ~e cost of rep~ or ~ ~Pl~ement of con~ when d~ by f~, ne~gence, v~sm or 45 o~r fora of abuse. S:~~~ ~~ 10 - ~e, T~ ~ ~ ~fi~.d~ 19 t (2) Free dumping access to containers at all times shall be provided by the 2 use~landowner. All containers shall be located so that the collection vehicle 3 driver can dump containers without leaving the vehicle. 4 5 (3) Customers using garbage chutes or interior storage shall provide containers on 6 rollers which will be the responsibility of the owner or occupant for 7 maintenance. The landowner shall be responsible for placing (rolling) them to 8 the proper position for emptying and in time for emptying. 9 10 (4) The size or number of containers shall be determined by the volume of refuse 11 to be deposited and will be in direct relationship to the m_anner in which the 12 user elects to utilize the space provided in said container or~ containers. 13 Charges shall be assessed on the basis of cubic yards of refuse removed from 14 premises whether manually compacted or loose. 15 16 (5) At each multifamily site, located a. djacent to the dumpsters, or a location 17 approved by the City, the City shall place a minimum of two (2) recycling 18 carts. The carts are for the purpose of collecting recycling materials. The 19 landowner must allow space for the carts adjacent to the dumpsters~ and 20 properly accessible by the City trucks for servicing. The residents of the 21 multifamily development shall be encouraged to conduct recycling. The carts 22 will be serviced a minimum of once a week. :The placement of materials, 23 garbage, yard trash, or _apy other material not approved in the definition of 24 recyclable materials shall be strictly prohibited. This service is provided as a 25 part of the garbage collection fee. 26 27 (6) Commercial, institutional, and any other _type activity requiring containerized 28 garbage collection, except for multifamilycollection service, are encouraged 29 to access the garbage and trash stream, to determine the benefits of recycling. 30 The.. Ci~ will provide dumpsters, designated for cardboard and paper 31 recyC, ling2 The se..rvice will be provided for a fee. 32 33 (Ord. No. 82-29, § 1, 9-21-82) 34 35 36 Sec. 10-26 .... Roll-Off Services~ 37 38 (a) Construction. Sites~ All Construction, renovation, remode~ng, and repair sites, 39 requiting a permit from the City for work being condu.cted, shall be maintained in 40 a clean and sanitary cOndition at all times. Each construction, site shall be. provided 41 with solid waste Containers adequate in size an sufficient in number to 42 accommodate the accumulation: of solid waste during tho interval between 43 mhedUled removals of solid waste from, the project site,: The number and t3tpe of 44 refuse containers shall be subject to the approval of the Public Works Department. 45 The Owner of the property, or the contm{;tor cOnducting the operations, shall have 46 the right to provide the material removal service with his own containers and S:'~A\Otdinancesktraft Ul,~-',,a~C'haptea- 10 - Gadmg~ Trash mad Offen.qive Condifioas.doc 20 1 equipment. In all other cases, the owner or contractor shall be required to obtain 2 such removal services from the City. The Public Works Department shall 3 determine exclusively whether this service would require the use of roll-off ,, 4 containers, or the service could be adequately provided by some other means. 5 6 (b) Stop Work. During the construction of any si~e project the Building Official may 7 at his/her discretion, issue a written order to stop work on a construction project 8 for failure to maintain the construction site in a clean and sanitary condition, or for 9 failing to adhere to the requirement of this chapter. 10 11 (c) Final Cleanup. Solid waste shall be removed from the c°nstmction, renovation; 12 remodeling, or repair site, and the area properly cleaned to the satisfaction of the 13 Director of Public Works within five (5) workdays following the completion and 14 final inspections of the work performed under a permit, and in all instances prior 15 to the issuance of a certificate of occuPancy by the Building Department. 16 17 (d) Roll, off Location. All roll-off containers shall be placed on the customer's 18 property in a location accessible for service. Roll-offs maybe placed in the public 19 right-of-way only if a permit to do so is issued by the Engineering Department. 20 21 22 Sec. 10:2927. General ...~, ......... Regulations. 23 24 (a) Predetermination of refuse storage sites required. Prior to the issuance of a 25 building permit by the,~..j'4*-' t~i~,,...~,_~ b~!~ng Building ~Department for the 26 renovation, modification or erection of a new structure..,,,,,~.'-'*~-~- ~h~'~.~. single -.~0, 27 dwetliags, provisions must be made for the storage and handling of refuse. Such 28 arrangements shall provide free access to Containers by mechanized equipment at 29 all times. Acting jointly, ther---'--*'"'~"~' Public wor?~ Works ~Department 3o and the cqtSq2, ity bu/IdLng Building depamaae~Department and the builder--owner- 31 occupant~ as applicable, shall mutually arrive at a satisfactory arrangement to meet 32 collection requirements. 33 36 containerized residential units will be collected twice:' a week or as necessary. 37 Such frequency of service shall be determined exclusively by the Director of 38' Public Works to :ensure public safe _ty, health, cleanliness and appearance. In the 39 case of the commercial establishrne~' nt, the CUstomer will be billed for the amount 40 of service required to meet the Solid Waste standards. ' ' 41 42 (c) Duty to record and bill users of eity--Ci~, systent The 43 ~Director of Public Works shall cause to be l~ept, an accurate record of 44 all perSons'using the services and facihties of the Said municipal refuse collection 45 and :disposal system and make charges in accordance with the rates, and charges S:~_.A'tOl'dlnanccz~lmlt oprlln~ncc~aptcr l0 - Caarbagc, Trash and Offensive ~ons.doc 21 1 herein established. The City may choose to not provide solid waste services 2 because of non-payment. 3 5 ~oun .... ~ 6 7 ~(d) [Unlaw~l deposits.] It shall ~ unlaw~l for any ~on to de. sit on, or b~ 8 in, or cause to ~ deposited on or buried in~ u~n any l~d, ,,yacht or 9 un~cupied presses in the ~ity or u~n ~y ~cupied prope~y pubic .... ~ ..... ,~,,..~.~ ~oo:,~ ~v .~,.~ o~' ...e~. or upon ~y s~eet, ~ley, pink, 11 p~ay, or in ~] c~, watemay, bridge, e~ement, or oth~public passageway,. 12 or fi~t-of-way, or ~y sto~ ~n, r~k pit and sand pit, p~l or lake wi~n 13 ~ity any noxious, filthy, m~odorous or offensive fiq~d or solid matefiMs, 14 g~a~¢, ~M~, or ~bbish ~he~ wi~n ~¢ fi~ of ~e City in ~y ves~l or 15 ~eptacle o~er ~ in ~ approved re.so cont~ner which is coBected really. 16 No~ng in ~s provision sh~l proMMt private, bac~d, n~s~ca-fr~ 17 core. sting practices for home g~deMng p~s. No ~on shM1 bum or cause 18 to ~ bum~ an~ reMs~ or w~te ~here wi~n ~e City fi~ts, except 19 o~emise provid~ by law. 20 Cross references-Depositing litter in bodies of water. ~ 1~-30; polluting park 21 ~aters. ~ 16-26. 22 23 ~e) Mulch or compost piles pe~iaed. Ho~culmr~ ~h and reMse cont~Mng no 24 combustible ma~er, or wMch-will not, during decay, ~ve off offensive ~o~, may 25 be ~cum~ated by ~¢ owner as a mulch or core.st pile in ~¢ 26 ~sid~nfi~ presses upon w~ch ~e matefi~ is acc~ulated. Brining 27 ~m offsit¢ onto ~o pro~y for ~e s~a of core.sting will ~ 28 c°m~sfing for commerci~ p~se, or com~sfing to develop a 29 pr~uct sh~ prOMbited except for tho~ ca~s Mlowed by co~e~i~ 30 ~d pro. fly B~nsed to conduct such o~rafions. ~ (~d. No. 82-29, ~ l, 9-21-82) 45 E~or's note-S~sec~on lO-2~h), rela~ve to the d~osM of co~~n or 46 i~u~l w~es, ~ been deleted ~ being ~plic~e of ~ 10-30. 1 2 (f) Ownership o[collection refuse and waste. 4 (1) Ownership of refuse and waste material' shall be vested in the City at the 5 time of collection. 6 7 (2) It shall be unlawful for any person, not authorized to do so, to open, 8 remove, untie, or to interfere with the orderly and legitimate collection of 9 any refuse container, or to collect, disturb, or scatter refuse stored in 10 containers placed for collection and disposal. It shall be unlawful for any 11 person to scavenge any solid waste within the City. - :. 12 13 (3) Recycling material to be collected, such as newspaper, newspaper/grade 14 papers, and/or other materials, shall become the property of the City from 15 the time of placement at the curb by the customer, and it shall be a 16 violation of this article for any person, firm, corporation, or partnership 17 other than the City, to tamper with or to take or remove, or to convert to its 18 own use in any way, such material. Each such collection in violation 19 hereof form one (1) or more residences or businesses during such peri.od 20 shall constitute a separate and district offense. 21 22 (g) Dead Animals. It shall be unlawful to place any dead animal or parts thereof in 23 any solid waste container for collection; however, this section shall not ap~>l¥ to 24 animal parts from food preparation for human consumption. 26 (h) Incinerators. No private incineration, units shall be erected or operated within 27 the Ci_ty from the date of this article except ut>on ap_re'oval of the City 28 Commission, and the issuance of the proper permits and licenses from any and all 29 regulating agencies. 30 31 (i) Landfills. It shall be unlawful for any person to create, use, own, or operate any 32 landfill or d!mp within the corporate limits of the City. 33 34 O) Littering~ It shall be unlawful to place, or allow: to be placed, any solid waste 35 upon the ro.acls, slre~.ts, storm drains, canalSi lakes, other bodies of water, or any 36 public or private property within the City except as provided herein. 37 38 (k) Non-Interference. It shall be unlawful for any person to interfere with any 39 employee of the City while in the performance of their duties as authorized by this 40 Ordinance, 41 42 43 Sec. 10~2728._.. Reserved. 45 Editor's note-Provisions designated § 10-27, and enumerating certain violations. 46 have been deleted by the editor as being duplicative of § 10-31. S:XCA~Cnain,ances~ran o~iaaace~ 10- Garba~ Trash and Offta.~n~ Condalo~.aoc 23 1 2 3 Sec. 10--2829. Purpose of rates and charges. 4 5 The rates and charges herein set forth are imposed to provide revenue for the purpose 6 of paying the costs of the operation and maintenance of the refuse collection and disposal 7 system of the city and extensions thereof and replacements thereto and for any other lawful a purpose as so determined by the city commission. 9 (Ord. No. 82-29, § 1, 9-21-82; Ord. No. 94-28, § 3, 9-9-94) 10 11 12 Se~. 10~2930.Rates and charges for c-ity-C.ity.service. 13 14 The rates and charges for refuse collection service provided by the city shall be as 15 follows: 16 17 (a) Commercial containerized, excluding muItifamity residential units: 18 19 (1) Monthly commercial charges shall consist of a total of the following three 20 (3) items: 21 22 a. Container rental charge-A monthly flat fee cb, ar-go to cover the 23 cost of the cQntainer by size as follows: 24 25 2003/2004 Rates: 26 2 cu. yd. container -. $19.4020.00 per month 27 3 cu yd. container - ,gl-A425.00 per month 28 4 cu. yd. container__- ~-~--.--.e"'~ ~, ~.........~ an rm per month 29 6 cu. yd. container__- $25.523 5.00 per month 30 8 cu. yd. container - ~0.00 per month 31 32 The Public Works Director shall annually adjust these fees based 33 upon chan~ing purchase prices of new containers. 34 35 b. Disposal charge-A fixed disposal charge v ....... ~,,~,. as 36 charged-set and modified from time to time by the Palm Beach 37 County Solid Waste Authority ..... c:,- ....... x~ .... ~, v .......j,~,,~, This ce shall be no on to the customer directly, 41 42 c. Operating charge-A fixed.charge per cubic yard to cover all other 43 la..bor, and equipment hauling expenses and charges of the 44 -~":'"'~^- Solid Waste Departmentbudg~ -'~5 The 46 rate in 2004 will be fixed at .$3.00 per cubic yard and will be 1 increased 4% annually thereafter at the beginning of each fiscal 2 year, or as otherwise provided by the City Commission. 3 4 (2) Partial monthly service will be charged 'on a prorated basis, based on the 5 rates in subsection (la_) above. 6 7 (3) Mechanical compressed or compactor refuse shall have the disposal rate 8 computed at a three-to-one (3:1) ratio of the disposal rates set foFah in 9 subsection (lb_). Containers with compactors shall be furnished by the 10 owner, therefore, no rental cost shall be charged. 11 17 18 Co) Noncontainerized commercial service: 19 20 (1)Refuse picked up from residential type cans at commercial establishments 21 shall have their level of service negotiated by the ....~a:~ Public ..... 22 Works d~pai~--Dep~ent .,;,~.,,. - ...... .~.~:,~,, ...... ~ a.~ ..,~ 23 ~;*" ~ ' ; ~ 24 25 (C) Residential rates (noncontainerized): 26 27 (1) Ten dollars and fifty cents ($10.50) per month for single-family dwellings. 28 29 (2) Ten do]Jars and fifty cents ($10.50) per month for each family unit duplex 30 or triplex. 31 ~2 (3) Ten dollars and fifty cents ($10.50) per month for each family unit for 33 apartments and condominiums. 34 ~5 (4) Trailer parks, ten dollars and fifty cents ($10.50) per month per trailer. 36 ~7 (d) Residential rates (containerized, multifamily): ~8 ~9 (1) $~x Nine dollars ($6_9.00) per month for each family unit for apamnents 40 and condominiums that are served by dumpster containers. 41 42 (2) &:X Nine dollars. ($69.00) per trailer in trailer parks, 43. 44 (e) Special pickup: Special pickups of items not normally handled by the weekly 45 garbage, trash or recycling pickup, whether due to the type of waste or the volume 46 of waste, may be scheduled by contacting the public works department and the 1 rate for such pickup shall be established by the director depending on the size and 2 type of removal needed. 4 (f) ......... ~Rate schedule extra pickup ofdumpsters at multifamily locations: $3 per 5 cubic yard. 6 14 i5 (g) Roll-off Rates: Rates for roll-off dumpste~ used for cons~ction and demolition 16 debris shall ]7 ~b~c Wor~ based u~n private m~kets con~fions. 18 19 20 21 [Table apFcm< 22 24 27 30 32 43 (~. ~ 1, 11-15-85; 45 No. 91-63, ~ 1, 9-19-91; ~. ~o. ~49,:~ 1, 1~8-92; ~ No. 93-33, ~ 1, 2, 9- 46 21-93; ~d. No. 9&28, ~ 4, 9-9-94) S:mA~~ ~ lo-~ ~ ~ ~ ~.~ 26 1 2 bu~ 11 ~.~ ~t~ ~o on ~ ~ 9°~ 82) 12 13 14 S~. 10:~13~. Violations ~d enforcement. 15 16 It is hereby decl~ed u~awful ~d a violation of ~s ~cle for ~y ~mon to do or 17 pe~t to be done ~y of the following acts or prac~ces: 18 19 (1) To de,sit or place in or cause to ~ de,sited or placed in a tr~h cont~ner ~y 20 matedMs o~er th~ ~ose defined in t~s ~icle ~ re. se. 21 22 (2) To f~l or ne~ect to k~p or cause to ~ kept cle~ ~d s~t~, ti~fly cove~d 23 and in go~ state of repot, MI re, se cont~nem. 24 25 (3) To use or supply g~age c~s ~d re~se cont~ners o~er ~ ~ose defined ~d 26 provided for in ~s ~cle. 27 28 (4) To coll~t or ~t to ~ coll~t~ by ~yone, ~e g~age kom ~y g~age 29 cont~ner o~ ~ by pemons ~l~ly:employed by the ci~ for that p~se 30 ~ess s~ificflly au~ofiz~ by ~e ~iW ~mmission. 31 (~d. No. 82-29, ~ 1, 9-21-82) 32 33 It sh~l ~ ~a~l for ~y ~on to f~!, neW,t, or m~se to comply wi~ ~d abide 34 by each pmvi~on of ~s ~~cle. ~ ~ffom~ on tach day of ~g ~Mbit~~ 35 ~t or practice shM1. consfim~ a ~te offense, ~d sh$1 ~:puMsh~le ~ s~h. 36 37 38 S~, 10~1~1~9. R~e~. 39 41 42 43 ~~ ~. ~~O~ PROP~TY* · 45 *EdRor's note-Or& No. ~-2,.~ 1, 2, ~pted Feb~ 3, 19~, repealed four A~. HI, 46 Ab~one~ wrec~d Orj~d vehicles, being ~ I0-5~10-56, ~ ~vedpom t~ 1959 s:~x~~ ~~ 10- ~ ~h ~ ~ ~.~ 27 1 Code, §§ 29-5--29-8, and enacted in lieu thereof new provisions designated herein as Art. 2 II1, §§ 10-50~10-54. 3 4 5 Sec. 10-50. Definitions. 6 7 For the purposes of this a_Article, the following words and phrases shall have the 8 meaning set forth herein. According to context, words used in the present tense include the 9 future, singular wOrds include the plural, plural words include the singular, and masculine 10 words shall include the feminine gender. 11 12 Abandoned property means all tangible personal property which does not have an 13 identifiable owner and which has been disposed on public property in a wrecked, inoperative, 14 or partially dismantled condition or which has no apparent intrinsic value to the rightful 15 owner. However, vessels determined to be derelict by the Department of Natural Resources 16 in accordance with the provisions of Section 823.11, Florida Statutes, shall not be included in 17 this definition. 18 19 Antique motor vehicle is any motor vehicle of thirty-five (35) years or more which is 20 registered with the State of Florida, pursuant to Florida Statutes, Section 320.086. 21 22 City is the City of Boynton Beach, Florida. 23 24 Enforcement officer means th0~se employees or other agents of the c-Ry-Cit¥ 25 designated by ordinance, or duly authorized and appointed by the eity-City mam~g~Mana~er, 26 whose duty it is to enforce ~af-Ci~ c-odesCodes. This definition shall include, but not be 27 limited to, law enforcement and code compliance officers. 28 29 Inoperable. motor vehicles. A motor vehicle shall be deemed inoperable and/or 30 abandoned if a valid and current motor vehicle license is not affixed thereto in excess of 31 thirty (30) calendar days; provided however, that this shall not apply to motor vehicles 32 located on private property owned or leased by automobile dealers, new or used, possessing a 33 current, ~ valid, occupation license; nor shall, this definifon apply to any antique or collector 34 vehicle which is registered with the State ofiFlorida, pursuant to Florida Statutes, section 35 320.086. 36 37' ~ Law enforcement officer means any full-time police officer emploYed by the oitbq2ity. '} 38 39 Lost property means all tangible personal property which does not have an 40 identifiable owner and which has been mislaid on public property, upon a public conveyance, 41 on premises used at the time for business purposes, or in parks, .places of amusement, public 42 recreation areas, or other places open to the public in a substantially operable, functioning 43 condition or which has an apparent intrinsic value to the rightful owner. S:XCAXOrain,~s~U-~ ~ 10- C, arba~ Trasa and Offeasive Comli~s.~ 28 1 Motor vehicle is a vehicle or conveyance which is self-propelled and designed to 2 travel along the ground, and includes, but is not limited to, automobiles, buses, mopeds, 3 motorcycles, tracks, tractors, go-carts, golf carts, campers, motorhomes and trailers. 4 5 Private property is any real property within the c-4ty-City which is privately owned and 6 which is not defined as public property herein. 7 8 Public property means lands and improvements owned by the federal government, the 9 State of Florida, a county or a municipality and includes sovereignty submerged lands located 10 adjacent to the county or municipality, buildings, grounds, parks, playgrounds, streets, 1 ~ sidewalks, parkways, rights-of-way, and other similar property. :. 12 13 Wrecked motor vehicle is any motor vehicle the condition of which is wrecked, 14 dismantled, partially dismantled, incapable of operation by its own power on a public street, 15 or from which the wheels, engine, transmission or any substantial part thereof has been 16 removed. (Ord. No. 87-2, § 2, 2-3-87; Ord. No. 87-29, § 1, 9-15-87) 17 18 19 Sec. 10-51.Abandoned or lost property on public property, 20 procedure. 21 22 (a) Whenever a law enforcement officer of the city-City ascertains that an article of Dost 23 or abandoned property is presen_.t on public property and is of such nature that it can 24 be easily removed, the officer shall take such article into custody and shall make a 25 . reasonable attempt-to ascertain the rightful owner or lienholder pursuant to the 26 provisions of this section. 27 28 (b) Whenever a law enforcement officer ascertains that an article of lost or abandoned 29 property is present on public property and is of such nature that it cannot be easily 3o removed, the officer shall cause a notice to be placed upon such article in 3! substantially the following form: 32 33 NOTICE TO ~ OWNER AND Ail. PERSONS IN'rERF_BTED IN THE 34 ATrACtlED PROPERTY. This property, to: wit: (setting forth brief description), is 35 unlawfully upon public property known as (setting forth brief descripti°n of location) 36 and must be removed within 5 days, otherwise, it will be removed and disposed of 37 pursuant to Chapter 705, Florida Statutes. The owner will be liable for the costs of 38 removal, storage, and publication of notice. Dated this: (setting forth the date of 39 posting of notice), signed: (setting forth name, rifle, address and telephone number of '40 law enforcement officer). 41 42 Such notice shall be not less than seven (7) inches by ten (10) inches and shall be sufficiently 43 weatherproof to withstand normal exposure to the elements. In addition to posting, the law 44 enforcement officer shall make a reasonable effort to ascertain the name and address of the 45 owner, ff such is reasonably available to the officer, he shall mail a copy of such notice to the 46 owner on or before the date of posting, ff the property is a motor vehicle as defined in Section S:XCnXOrainances~ ora~mnceXChapmr I0- ~e. Trash, aha Offemive C_.o~itiom.aoe 29 ! 320.01(1), Florida Statutes, or a vessel as defined in Section 327.02(27), Florida Statutes, the 2 law enforcement agency shall contact the Department of Highway Safety and Motor Vehicles 3 or the Department of Natural Resources, respectively, in order to determine the name and 4 address of the owner and any person who has filed a lien on the vehicle or vessel as provided 5 in Section 319.27(2) or (3) or Section 328.15(1), Florida Statutes. On receipt of this 6 information, the law enforcement agency shall mail a copy of the notice by certified mail, 7 return receipt requested, to the owner and to the lienholder, if any. If, at the end of five (5) 8 days after posting the notice and mailing such notice, if required, the owner or any person 9 interested in the lost or abandoned article or articles described has not removed the article or 10 articles from public property or shown reasonable cause for failure to do so, the following 11 shall apply: 12 13 (1) For abandoned property, the 14 the property for its own use or for use by the state or unit of local government, 15 trade SUch property to another unit of local government or state agency, donate the 16 property to a charitable organization, sell the property, or notify the appropriate 17 refuse removal service. 18 19 (2) For lost property, the officer shall take custody and the age/myCity shall'retain the 20 property for ninety (90) days and publish notice of the ~ity's intended 21 disposition of the property. 22 23 a. ff the City ageuc-y-elects to retain the property for its own use. by4he-u~ 24 ^~'-'~ e,'-' .......... ,.-....,....,' donate the property to a charitable organization, surrender 25 Such property to the finder, sell the property: or trade the property to 26 another unit of local government of state agency, notice of such election 27 shall be given by an advertisement published once a week for two (2) 28 consecutive weeks in a newspaper of general circulation in ~ 29 ..,k~ ,u ..... ~,. ...... foundd, Palm Beach Court .ty. 30 31 b. If the ~ity elects to sell the property, it must do so at public sale by 32 competitive bidding. Notice of the time and place of the sale shall be given 33 by an advertisement of the sale published once a week for two (2) 34 consecutive weeks in a newspaper, of general circulation in Palm Beach 35 County. ,u ...... ,. .... u~..~ ,u,~ ~,~ ;. ,,. be ~'~'~ The notice shall include a 36 statement that thc sale shall be subject to any and all liens. The sale must ~7 be held at the nearest suitable place to that where the lost or abandoned 38 property is held or stored. The advertisement must include a description of 39 the goods and the time and place of the sale. The sale may take place no 4o earlier than. ten (10) days after the final :publication.~ 44 Notice of the ~ity's intended disposition shall describe the property 45 in a manner reasonably adequate to permit the rightful owner of the 46 property to identify it. S:W.A~)ntinaaces~lraft o~a~-.'~,,ce~2hapt~ 10- ~ Tra~ and Offmsive Comlitiom.doc 30 1 2 c. If the property is sold at public sale pursuant to subparagraph 10- 3 51(b)(2)b, the ~ity shall deduct from the proceeds the cost of 4 transportation, storage, and publication' of notice, and any balance of 5 proceeds shall be deposited into an interest-bearing account not later than 6 thirty (30) days after the date of the Sale and held there for one (1) year. 7 The agtmeyCity shall provide a bill of sale clearly stating that the sale is 8 subject to any and all liens. The rightful owner of the property may claim 9 the balance of the proceeds within one (1) year from the date of the above 10 stated deposit by making application to the City.-agemc~. ff no rightful 11 owner comes forward with a claim to the property wi~thin the designated 12 year, the balance of the proceeds shall be deposited into the state school ]3 fund. 14 .15 d. The owner of any abandoned or lost property who, after notice as provided 16 in this section, does not remove such property within the specified period 17 shall be liable to the law~_~w~,J..,.o--r ...... · -o-~--'~,,'r'it"-----~, for all costs of removal, ]8 storage, and destruction of such property, less any salvage value obtained 19 by disposal of the property. Upon final disposition of the property, the law 20 enforcement officer shall notify the owner, if known, of the amount owed. 21 In the case of an abandoned boat or motor vehicle, any person who 22 neglects or refuses to pay such amount is not entitled to be issued a 23 certificate of registrat49n for such boat or motor vehicle, or any other boat 24 or motor vehicle, until such costs have been paid. The !aw e:ffo~ement 25 oW-me~ity, shall supply the Department of Natural Resources with a list of 26 persons whose boat registration privileges have been revoked under this 27 subsection and the Department of Motor Vehicles with a list of persons 28 whose motor vehicle privileges have been revoked. Neither department 29 nor any other person acting as agent thereof shall issue a certificate of 30 registration to a person whose boat or motor vehicle registration privileges 31 have been revoked, as provided by this subsection, until such costs have 32 been paid. 33 34 e. Whoever opposes, obstructs, or resists any law enforcement officer or any 35 person authorized by the law enforcement officer in the discharge of his 36 dillies as provided in this section upon conviction is guilty of a 37 misdemeanor of the second degree, punishable as provided in Section 38 755.083, Florida Statutes, as may be amended from time to time. 39 40 f. Any law enforcement officer or any person authorized by-the law ! 41 enforcement officer is immune from prosecution, civil or criminal, for 42 reasonable, good'faith trespass upon real property while in the discharge of 43 dllties imposed by this section. 45 g. The rightful owner shall be liable for the laW ~*' ...... * ~ .... a---~ty's I 46 costs for transportation and storage of lost or abandoned property and the S:~-.A~ _mOlna~R2haptc, 10 - ~ Trash and Offensive: Condifimas. doc 31 1 ~ity's cost for publication of notice of disposition of lost property. 2 If the rightful owner does not pay such costs within thirty (30) days of 3 making claim to the property, title to the property shall vest in the City. 4 la-:,' enforcement agency. (Ord. No. 87-2, § 2, 2-3-87; Ord. No. 87-29, §§ 5 2, 3, 9-15-87) 6 7 8 Sec. 10-52.Storing, parking, or leaving wrecked or 9 inoperable motor vehicles on private properly prohibited 10 and declared a nuisance; exceptions. 12 (a) No person shall park, store, leave or permit the parking, storing or leaving of any 13 abandoned property or wrecked or inoperable motor vehicle of any kind, whether in attended or not, upon any private property within the c4ts~ity, except that, with 15 respect to an inoperable motor vehicle, such vehicle may be parked, stored, or left on 16 said property for a period of time not to exceed seventy- two (72) hours. The presence 17 of such vehicles, or parts thereof, on private property is hereby declared a public 18 nuisance which may be abated in accordance with provisions of this article. 20 (b) This section shall not apply to: 2i 22 (1) Any motor vehicle which is completely enclosed within a building, or unless it 23 is held in connection with a business enterprise lawfully licensed by the c-C_ity 24 for the servicing and repair of such vehicles and properly operated in an 25 appropriate business zone pursuant to the zoning ordinances of the c-C_ity; 26 27 (2) Nor shall this section apply to any antique or collector vehicle which is 28 registered with the State of Florida, pursuant to Florida Statutes, Section 29 320.086. However, no more than two (2) antique motor vehicles maY'be 3O retained by the same owner for collection purposes unless they are 31 appropriately stored. - 32 33 (C) Whenever the enforcement officer of the city-City shall ascertain that an article or 34 articles of abandoned property are present on priVate Property within the limits of the 35 City of Boynton Beach in violation of the provisions of this article, the enforcement 36 officer shall cause a' notice to be placed upon such article in substantially 'the 37 following form: 38 39 NOTICE TO THE OWlX~ER AND AI.I. PERSONS ~TED IN THE 40 ATI'ACI-IF.D PROPERTY; This property, to wit: :(setting forth brief description) 41 located at (setting forth brief description of locati°n) is improperly stored and is in 42 violation of (setting forth ordinance or regulation violated) and .must be removed. 43 within ten(t0) days' from the date of this notice unless a h~aring has been demanded 44 in accordance with the terms of Chapter 10, Article I,' Boynton Beach Code of 45 Ordinances within ten (I0) days of the date of this notice; otherwise, it shall be 46 presumed to be abandoned property and will be removed and destroyed by order of S:~e_AXO~dinances~at o~ai,~nce~ 10- C,m~ge, Tr~ and Olrensive e_onditio~aoe 32 1 the City of Boynton Beach and the owner will be liable for the costs of removal and 2 destruction. Dated this: (setting forth date of posting of notice). Signed: (setting forth 3 name, title, address, telephone number of enforcement officer). 4 5 Such notice shall be not less than eight (8) inches by ten (10) inches and shall be 6 sufficiently weatherproof to withstand normal exposure to the elements for a period of 7 ten (10) days. In addition to posting the notice, on or before the date of posting the 8 enforcement officer shall mail a copy of the no*3ce Notice to the ow-m3r-Owner of the 9 real property upon which the abandoned articles are located, as shown by the real 10 estate tax records used by the City of Boynton Beach, and if the abandoned property is 11 a mot°r vehicle or boat, shall make a reasonable effort to ascegain the name and. 12 address of the owner and shall mail a copy of a notice to such owner. The notice shall 13 also advise the person to whom the notices are applicable that they have seven (7) 14 daYs from the date of posting and/or mailing of the notice to correct the condition or 15 file a written petition to-with the c-i~City mmmger-Manager or his the designee for a 16 heating as provided in Section 10-7 of the City's Code of Ordinances, ~' tk 19 "~'~';":~**"*~ ^ ~'"';fl~*~"*^~' which hereimhearing shall be held no later than _,~,s... ten 20 (10) days ofafter the date the petition is received by the eito~ity mmmgei:Manager. 21 22 (d) Procedures: 23 24 (1) Hearing. The issues i0 be determined at the said hearing are whether the 25 conditions creating a nuisance, do in fact exist; why the conditions should 26 not be abated by the c-i~City at the expense of the owner, the time limits 27 for such abatement. The source of the condition shall not be a defense 28 against the requirement that the condition shall be abated by the owner. If 29 after a hearing the board determines that the conditions which exist on the 3o property constitute a public nuisance, the owner or owners of the property 31 shall have mine more than add,/*.'.'on~ seven (7) days from the date of the 32 heating to correct or remove the conditions, after -.vF~ic~suCh time, the 33 Ci_ty shall have the right to have the conditions abated at the expense of the 34 prol~erty owner. 35 36 (2) Removal. If the owner or other interested person has not requested a 37 hearing within seven (7) days, the 64t-y-Ci _ty shall have the right to have the 38 objectionable condition corrected or removed at the expense of the owner. 39- If the c4ty-City has the condition abated and payment for the City's 4o abatement costs is not received within thirty (30) days after the filing of a 41 n°tice of assessment for the cost of such work together with all costs of ~42 inspection and administration, the c4ty-City shall have a lien placed against 43 .the Property for the cost of the work, including inspection and 44 ~ administration cost, plus interest at the rote of eight percent (8%__~) per 45 annum,. ~lus reasonable attorney fees and other costs of collecting 46 said sums without further hearing. If, at the end of ten--OO)seven (7) days S:~.AV)rdimmces~lraR or~anc~tsC-'hapler 10 - C_,as~ge., Trash and Offensive Condili~as.doc 33 1 after posting or mailing such notice, the owner or any person interested in 2 the abandoned article or articles describing such notice has not removed 3 the article or articles and complied with the ordinance or regulations cited 4 in the ~N___otice, the enforcement officer may cause the article or articles of 5 abandoned property to be removed or destroyed. The salvage value, if anY, 6 of such article or articles shall be retained by the local government to be 7 applied against the cost of removal and destruction thereof, unless the cost 8 of removal and destruction are paid by the owner as provided in section 9 Section 10-54. 10 11 The owner of any abandoned motor vehicle or the_pwner of the real. 12 property upon which the vehicles or other abandoned property is lOCated, 13 who after notice is provided in this article, does not remove the vehicle or 14 other property within the specified period then they shall be liable to the 15 City of Boynton Beach for all costs of removal and destruction of such 16 property, less any salvage value received by the lOCal government. Upon 17 such removal and destruction, the lOCal government officer shall notify the 18 owner of the amount owed and of the penalty provision of the section. 19 20 (3) Notification of removal to owner and other interested parties. The 21 enforcement officer, after taking possession of any motor vehicle pursuant 22 to this article, shall furnish notice in accordance with this section by 23 certified mail (return receipt requested) to the last known registered owner 24 of the motor vehicle at his last known address within fifteen (15) days of 25 the date of which possession of the motor vehicle is taken, with a copy of' 26 the notice to the owner or occupant of the property from which the vehicle 27 is taken. 28 29 The enforcement officer shall .also contact the DePartment of Motor Vehicles, State of 3o Florida, and such other agencies and departments of government in this and other states as 31 are reasonably necessary to ascertain the names and addresses of other persons with record 32 interests in the motor vehicle, including lien holders. Such other persons shall be given notice 33 ill the same manner as stated in the previous section. 34 35 Notice Under this section shall contain the following information: 36 37 a: .Year, make, model, and serial number of the motor vehicle. 38 39 b. The:nme and address of the last known registered owner of the motor vehicle, if 4o available. 41 42 c. The vehicle registration'number and the title registration number of the motor vehicle ~3 if available. 45 d. The date on which the motor vehicle was removed. 46 S:~,F_.AV)rdinancesldraft m~tln~nccXChapt~ 10- Garlm~ Trash and. Ofl'eaxsive Conditions.doc 34 1 e. The location from which the motor vehicle was removed. 2 3 f. The location in which the motor vehicle is being stored or in the alternative a number 4 to contact. 5 6 The notice shall also advise the persons to whom it is given that the person who is 7 entitled to possession of the motor vehicle may reclaim it upon payment to the c--C_ity of ail 8 charges incurred by the c-C_ity and the removal and storage of the motor vehicle, except that if 9 such reclamation is not made within twenty (20) days after date of the notice, the right to 10 reclaim the motor vehicle as well as all right, title and interest of said person in the vehicle, 11 shall be deemed to be waived and that such person shall be deemed to have consented to the- 12 disposition of the motor vehicle by the c4t~ity. 13 14 If the c-it-y-City is unable to identify properly the last registered owner of any motor 15 vehicle or if unable to obtain with reasonable certainty the names and addresses of the owner 16 or other interested parties, including lienholders, it shall be sufficient notice under this 17 section to publish the notice once in one newspaper of general circulation in the City of 18 Boynton Beach. Such notice by publication may contain multiple listings of motor vehicles. 19 20 A copy of any notice required in this section, as well as a copy of any certificate of 21 saie issue hereunder by the eC_ity or its designee shall be forwarded to the Division of Motor 22 Vehicles, State of Florida. (Ord. No. 87-2, § 2, 2-3-87; Ord. No. 02-033, § 1, 8-20-02) :23 24 25 See. 10-53. Nuisance abatement bid procedure. 26 27 The services entailed in carrying out the abatement of nuisances under this _m,~ticle 28 may be performed by the c-C_ity or be performed by an independent contractor retained bY the 29 Ci_ty pursuant to the City's procurement policies and 'procedures. ~:~..,~.c,:+..,...~.~n~ .... ,~ a-~-a 87-2, 2,2-3-87) 30 ....j ....j ....... ~ ........ _~ .... No. § 31 32 34 35 215 ^"'~r ~ .....~,4 k.~ ~.~,.;~.4 ,.~ .... +k~. ~..~+ ...+- .... k SACA~O~linnnces~lraft otdinance~Clmpler i0- Ga"'°age, Trash and Offe~'ive Co~tilio~s.doe 35 12 13 14 ]5 NO~ oF ~N 16 18 19 TO: ~0 ~D~SS: 21 22 24 ~z a .... ~ ' -.j ~. , 1920 abatz 36 38 by: 39 1 2 3 ARTICI.E IV. RESERVED* 4 5 *Editor's note-Ortt No. 90-16, §§ 1, 2, adopted July 3, 1990, abolished the nuisance 6 abatement board and repealed Ord. No. 90-2; hence, Art. IV, pertaining to such subject 7 matter has been deleted. Prior to deletion, Art. IV, §§ 10-55--10-61, derived from Orct No. 8 87-39, § 1, adopted Oct. 20, 1987; as amended by Ord. No. 90-2, §§ 1 .. 4, adopted Jan. 16, 9 1990. 10 1! ~._ 12 Secs. 10-55 10-61. Reserved. 14 S:~CA\O~ai,~cCSXdraft,,a:..~Wn,~,~ 10 - ~ Trasa and Oltmsi~e Condi~ims~oc 37 - ? XIl. - LEGAL ITEM A.2 CITY OF BOYNTON BI AGENDA ITEM REQUES' 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 7, 2004 March 15, 2004 (Noon.) [] June 1,2004 May 17, 2004 (Noon) [] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31, 2004 {Noon) [] May 4, 2004 April 19, 2004 {Noon) [] July 6, 2004 June 14, 2004 (Noon) [] May 18, 2004 May 3, 2004 (Noon) [] July 20, 2004 July 5, 2004 {Noon) [] Admimstrative [] 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 May 18, 2004 City Commission Agenda under Legal, Ordinance - Second Reading. The City Commission approved this item under Legal, Ordinance - First Reading on May 4, 2004. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-086. EXPLANATION: PROJECT: Mixed Use Code Review (CDRV 04-001) AGENT: City-initiated DESCRIPTION: Request for approval of proposed amendments to Chapter 2, Zoning, Section:j.F. ~l~d Use Zoning Districts. *'" --~"< PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVE~/f~' Dev~fl6~pMent ~p~ment ~Director City Manager's Signature / Planning and Zomg 12~ector g - City Attom~f/l~inance / Human Resources S:L°Ianning~SHARED\WP~SPECPROJXCODE REVIEW~CDRV MU-H MU-L~Agenda Item Request Mixed Use Code Review 2nd reading CDRV 044)01 5-18-04.dot S:kBULLETIN~ORMSkAGENDA ITEM REQUEST FORM.DOC I ORDINANCE NO. O4- O~3& 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 4 FLORIDA AMENDING LAND DEVELOPMENT 5 REGULATIONS, CHAPTER 2 "ZONING", SECTION 6.F. 6 MIXED USE ZONING DISTRICTS; PROVIDING FOR 7 CONFLICTS, SEVERABILITY, CODIFICATION AND AN 8 EFFECTIVE DATE. 9 10 WHEREAS, the regulations for the Mixed Use-High Intensity (MU-H) and Mixed 11 Use-Low Intensity (MU-L) zoning categories were adopted on June 18, 2002. After eighteen 12 months of working with these regulations, staff has determined that minor amendments are 13 warranted to bring the regulations into closer conformance with the intent of the Federal 14 Highway Corridor Community Redevelopment Plan and to aid in their administration; and 15 WHEREAS, the City Commission, upon recommendation of staff, the Community 16 Redevelopment Agency, and the Inlet Cove Association (INCA), does deem it appropriate 17 and in the best interests of the residents of the City of Boynton Beach, to amend the Land 18 Development Regulations of the City of Boynton Beach to provide minor amendments 19 regarding the Mixed Use-High Intensity (MU-H) and Mixed Use-Low Intensity (MU-L) 20 zoning categories. 21 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 22 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 23 Section 1. The foregoing whereas clause is tree and correct and is now ratified and 24 confirmed by the City Commission. 25 Section2. Chapter 2. "Zoning", Section 6.F. of the Land Development 26 Regulations of the City of Boynton Beach Code of Ordinances is hereby amended by adding 27 the words and figures in underlined type, and by deleting the words and figures in struck- 28 through type, in the attached Exhibit "A". 29 Section 3. Each and every other provision of the Land Development Regulations 30 not herein specifically amended, shall remain in full force and effect as originally adopted. 31 Section 4. All laws and ordinances applying to the City of Boynton Beach in 32 conflict with any provisions of this ordinance are hereby repealed. 33 Section 5. Should any section or provision of this Ordinance or any portion 34 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not 35 affect the remainder of this Ordinance. 36 Section 6. Authority is hereby given to codify this Ordinance. 37 Section 7. This Ordinance shall become effective immediately. S:XCA\O~dinances'd_J)R ChangeskAmdending LDR - Chapter 2.- 6.F..doc 1 FIRST READING this q day of May, 2004. 2 SECOND, FINAL READING AND PASSAGE this __ day of 3 May, 2004. 4 CITY OF BOYNTON BEACH, FLORIDA 5 6 7 Mayor 8 9 10 Vice Mayor 11 12 13 Commissioner 14 15 16 Commissioner 17 18 19 Commissioner 20 ATTEST: 21 22 23 City Clerk 24 25 g:\CA\Ordinances'~LDR ChangesLadndending 1..DR - Chapter 2.- 6.F..doc CHAPTER 2 ZONING Exhibit A Sec.6. Commercial district regulations and use provisions F. Mixed Use Zoning Districts 1. Intent and Purpose. The Mixed Use zoning Districts allow for a diversity of land uses and accommodate and encourage a mixture of residential, office, retail, recreational, and other miscellaneous uses on assembled parcels ~^-- '~-~ ~ u;-~- ...... r~^~4,~.- · · ..... ~, .............. e,, .... J ........ w~th~n the Community Redevelopment Area. All development and redevelopment shall be geided-lE,~m approved-require a site plan approval to be processed concurrently with the application for rezoning, and +~' The objectives of the Mixed Use zoning districts are as follows: a. Support and enhance revitalization efforts in the City's traditional commercial core area; b. Create major new residential and mixed use areas in planned locations with appropriate densities, heights, and mixtures of uses; c. Create optimal pedestrian environments though appropriate separation from, and design of vehicular circulation areas; d. Allow flexibility in architectural design and building bulk; while maximizing compatibility and harmony with adjoining development within the redevelopment area; e. Create surrounding areas that complement rather than compete with the downtown; f. Create higher quality environments for residents, businesses, employees, and visitors. 2. Zoning Districts. The Mixed Use zoning districts shall be applied to selected geographic areas east ofi-95, identified on the City's Future Land Use Map, where a mixture of uses and building densities is intended to carry out elements of the city's redevelopment plans, including goals in employment, population, transportation, housing, public facilities, and environmental quality. Regulations for the planning areas are implemented through two zoning districts: Mixed Use-High Intensity (MU-H) and Mixed Use-Low Intensity (MU-L). Permitted uses and associated standards for development vary between the zoning districts, each reflecting the importance of the district's location and its relationship to the downtown. Heights, densities and intensities of development are regulated according to the classification of the roadway along the frontage of the property. A Mixed Use zoning district may be located only on lands designated Mixed Use (MX) or Mixed Use-Core (MX-C) on the City of Boynton Beach Furore Land Use Map. 3. Subdistricts established. a. MU-H (Mixed-Use-High Intensity) Zoning District. (1) Upon adoption of the Mixed Use-Core (MX-C) land use classification, this zoning district shall only be applied to lands classified as Mixed Use-Core (MX-C) on the Future Land Use Map. (2) The MU-H district is appropriate for developments that provide for high density residential in addition to retail commercial and office uses. 1 S:XPlanning~SHARED\WP~SPECPROJ~CODE REVIEW~CDRV MU-H MU-L\Code strike&under4-14-04.doc (3) The district allows a maximum height of one hundred-fifty (150) feet and a residential density of 80 dwelling units per acre, provided that all new developments within this district that front on streets designated as "arterial" or "collector" roads~ways on the "Functional Classification of Roadways Map" contain a mixture of retail, office and/o__rr residential uses arranged either vertically or horizontally. b. MU-L (Mixed-Use-Low Intensity) Zoning District. (1) In order to complement the revitalization efforts in the City's commercial core, the MU-L zoning district shall only be applied to lands peripheral to the downtown and classified as Mixed Use (MX) on the Future Land Use Map. (2)The MU-L district is appropriate for low- to mid-rise developments that provide for medium density residential uses. (3) The district allows a maximum height of seventy-five (75) feet and a residential density of 40 dwelling units per acre for mixed use projects. (4) Building heights between seventy-five (75) feet and one hundred (100) feet may be permitted if reviewed as a conditional use. ~ (5) The review of these applications will emphasize aesthetics and design quality, and physical compatibility with adjacent land uses. (6) All new ~ developments within this district that contain a mix of uses shall front on streets designated as "arterial", "collector", or "local collector" roads~ways'' on the "Functional Classification of Roadways Map" and shall contain a mixture of retail commercial, office and/o__rr residential uses, which may be arranged either vertically or horizontally. (7) Height restrictions and densities may be further limited in certain geographic areas to further applicable redevelopment plans. 4. P-ennitted-Uses. a. The following table identifies the permitted, restricted and prohibited uses within the Mixed Use Zoning Districts. b. Uses are classified as Permitted "P", Conditional "C" or Not Permitted c. Uses permitted with restrictions are followed by a nummi that corresponds to a footnote below the table. Each footnote explains restrictions associated with the use. d. The Planning and Zoning Director or designee shall have the discretion to approve uses that are not specifically listed but are similar to uses that are expressly permitted provided, however, such uses are not expressly identified as conditionally permitted or not permitted in any zoning district within the City. 2 S:Wlanning',SHARED\WPXSPECPROJ~CODE REVIEW~CDRV MU-H MU-L~Code strike&tmder4-14-04.doc TABLE 6F-1 SCHEDULE OF PERMITTED PRINCIPAL, ACCESSORY AND CONDITIONAL USES USE GROUP/USE MU-L ZONE I MU-H ZONE Residential or .Lodging Use Group Bed and Breakfast C N Boutique Hotel N C_~6 Hotel C P Home Occupation P P Mobile Home N N Motel N N Residential, Single Family Detached P N Residential, Single Family Attached P laC Residential, Multi-Family p p2/~2 Boarding and Rooming House N N (except where provided by state law) Accessory Unit P N Live/work Unit p Communit~ Facilities Use Group MU-L ZONE [ MU-H ZONE Government Office/Civic Center/Library GP NP_ Recreation (outdoor) P N Museum P P House of Worship P~ N-P ~'~ Police or Fire-Rescue Station p4 p Postal Center (retail sales onlY) C Post Office p i Public park p p Public Parking Lot or Garage P P Office Use Group* MU-L ZONE MU-H ZONE * Not encouraged ,as a first floor use in the MU-H Zone Bank/Financial Institution GP Medical or Dental Office or Clinic P-~ P-~ Physical Therapy Clinic P-~ P-~ Professional Business Office p6 Veterinary Office or Clinic pO N Sales and General Commercial Use MU-L ZONE MU-H ZONE Group* * Where permitted within the MU-L Zone, only on lots fronting on major arterial roadways. Alcoholic Beverage Package Store p6 p6 Ammunition or Firearm Sale or Rental N N Animal Boarding or Kennel C--P6 N Animal Grooming P-~ P~- Animal Sales N N 3 S:',PlanningkSHARED\W'P~PECPROJ~CODE REVIEW~CDRV MU-H MU-L\Code strike&under4-14-04.doc USE GROUP/USE MU-L ZONE MU-H ZONE Sales and General Commercial Use MU-L ZONE MU-H ZONE Group* Antique Store/Fine Arts Antique Auction p_~ Antique Mall/Flea Market N N Arts, Crafts, Hobby and Framing p-° p-~ Auction House N N Automotive Parts Sales N N Automobile Sales with Display p~2 pi2 Bakery, Retail Boat/Marine Sales/Rental N Boat/Marine Accessories p0 pO Bookstore P° p~, Building Supplies or Materials N N Bus Terminal N NC New Clothing, Shoes or Accessories pO pO Boutique Contractor's Office/Equipment Storage N N Coffee Shop pO pO Convenience Store pO pO Custom Home Furnishings p~, pO Cyber-caf6 pO pO Delicatessen pO pO Dive Shop and Instruction as Accessory Use pO p Drug Store or Pharmacy pll p3 Gasoline Sales with/without Vehicle Service Cl° N Grocery Store, Supermarket p7 p7 Florist PO p~- Hardware Store po pO Health Food store pO p6 Home Improvement Centers N N Lumber Yard N N Marina C C Newsstand pO pO Outdoor Storage or Display N N Parking Lot for Commercial Vehicles N N Parking LOt or Garage, Private Ownership C C Personal Watercraft Sales, Rental, Service, p~2 pO Parts or Repair Photographic Studio and Photographic Supplies Restaurant, w/Drive Thru N N Restaurant, Sit-Down Gp...~ Specialty Foods and Confections P~' P~' Sporting Goods P~' P~' Tobacco and Accessories P~' P~' 4 S:'~Planning',SHARED\WP~SPECPRO~CODE REVIEW~2DRV MU-H MU-L\Code slrike&under4-14-04.doc USE GROUP/USE MU-L ZONE MU-H ZONE Sales and General Commercial, cont'd MU-L ZONE MU-H ZONE Vehicle or Marine Customizing, Detailing, N N Service, Paris or Repair Vehicle or Marine Trailer Sales, Rentals, N N Service, Repairs and Storage Video Rental pO pO Wholesale/Warehouse/Distribution N N Service Use Group* MU-L ZONE MU-H ZONE * Where permitted within the MU-L Zone, only on lots fronting on major arterial roadways. Barbershop/Beauty Salon/Day Spa p0 p6 Dance Studio pO Dressmaker or Tailor Drycleaner pO,~ pO,~ Fitness/Health Club Gp._~o pO Funeral Home N N Hospital N N Labor Pool Establishments N N Laundromat p6 N Medical Outpatient Facility GP~ Gp~ Nursery, Preschool or Child Daycare pO N Nursing or Convalescent Home N N Photocopy Center pO pO Self-Storage or Mini Warehouse }s4~C~4 N Shoe Repair pO pO Soup Kitehens-,/Substance abuse Centers/ N N Shelters/Half-way Houses Tattoo Parlor/Body Piercing N N Entertainment Use Group* MU-L ZONE MU-H ZONE * Where permitted within the MU-L Zone, only on lots fronting on major arterial roadways. Adult Entertainment N N Bar, Cocktail Lounge C Billiard Club/Bowling Alley/Indoor C_o pO Recreation Facility Bingo Hall N N Fortune Teller N N Movie Theater N C3 Night Club N C Performing Arts Theater NC P Private Clubs, Lodges and Fraternal C-~ C-6 Organizations Accessory Use MU-L ZONE MU-H ZONE Drive-Thru Facility (other than accessory C~ N use to financial institutions and restaurants) 5 S:LPlanning~;HARED\WP~SPECPROJ~CODE REVIEW~CDRV MU-H MU-L\Code sln'ke&under4-14-04.doc Restriction Notes: Must be an integral part of a mixed-use development comprising a maximum of 30 percent of the gross floor area of the entire development. 2 For those with frontage on an arterial road, allowed as a permitted use if the ground level floor fronting the arterial is devoted to office or retail uses. Otherwise, use is a conditional use. 3 Use shall be subject to the following distance separation requirements from similar uses, measured in a straight line, using the shortest distance between property lines: For uses with less than 5,000 square feet of gross floor area, 750 feet. For uses with a gross floor area equal to or greater than 5,000 gross square feet, 1,500 feet. 4 Subject to setback and buffering requirements as recommended by the Technical Review Committee. 5 Maximum gross square footage of structure shall not exceed 2,500 square feet. Storage of postal vehicles prohibited. 6 Must be integrated into a commercial or mixed use development and not exceed 30 percent of the gross floor area of the entire development, constmcted within the same structure as the remaining commercial or mixed use development. 7 Gross floor area of grocery store must be a minimum of 15,000 square feet and a maximum of 30,000 square feet. 8 On-site drop-off and pick-up only. 9 Drive-thru facility, including stacking lanes, must be screened from public right-of-way and requires conditional use approval. Ingress/egress shall not be from/to an arterial roadway. Shall comply with provisions of Chapter 2, Sec. 11.L., pertaining to retail sale of gasoline or gasoline products. Not permitted on property with Federal Highway Frontage in the MU-L Zone unless consistent with restriction note number six (6). Indoor storage/display shall not exceed 10,000 square feet. In conjunction with a permitted marina use. Storage/display allowed only in wet docks or indoor not to exceed 10,000 square feet. See Section 14 for regulations. L5 See Section 15 for regulations. 6 S:~PlanningXSHARED\WP~SPECPROJ~CODE REVIEW~CDRV MU-H MU-L\Code strike&under4-14-04.doc 5. Building and site regulations. Minimum Parcel Size I MU-L ZONE MU-H ZONE Residential Or Lodging Use Group Hotel --- ~ 1 acre* *or is part of a mixed use development of at least 3, 1 acres. Residential, Single Family Detached 5,000 sq. fl. --- Residential, Single Family Detached w/Accessory Unit 7,500 sq. fi. --- Residential, Single Family Attached (Duplex) 7,500 sq. fi. --- Residential, Single Family Attached (Townhome) 2,500 sq.fi./unit 65,000 sq. fi. Residential, Multi-Family 15,000 sq. ft. 20,000 sq. fi. Community Facility Use Group Public Park no minimum no minimum All other Uses 10,000 scI. ft 10,000 sq. fi, Minimum Living Area MU-L ZONE MU-H ZONE Single Family Detached 1,000 sq. ft. --- All other Residential 750 sq. ft. 650* sq. ft. Accessory Apartment 750 sq. ft. --- * Size of all units must average l,~n00~ 850 sq. ft. Minimum Lot Frontage MU-L ZONE ] MU-H ZONE Residential Or Lodging Use Group Residential, Single Family Detached 50 ft. --- Residential, Single Family Attached (Duplex) 75 ft --- Residential, Single Family Attached (Townhome) 25 it/unit --- Residential, Multiple-Family 100 ft. 100 ft. All Other Uses 100 ft. 100 ft. Maximum Height MU-L ZONE MU-H ZONE Residential Or Lodging Use Group Residential, Single Family Detached 35 ft. -- Residential, Single Family Attached (Duplex) 35 ft --- All Other Uses Locational Requirements for Height~ Density and Floor Area Ratio Apply Tvoe Of Zoning Districts Roadway MU-L ZONE MU-H ZONE Frontage Height~ Densi ,ty FARz Height~ Densi ,ty FARz Arterial 753-1003,4 ft 40 du/ac 1.5-2.0 150 fi?' 80 du/ac 4.0 Collector 45-75~ ft 20-40 du/ac 1-1.5 150 ft.! 80 du/ac 4.0 Local Collector 45 ft 20 du/ac 1.0 NO NO NO Local NO NO NO NO NO NO L Minimum Height on any street frontage is 35 feet. 2. /ncludes all habitable space, including residential units, (excluding parking structures) 7 S:Wlanning~SHARED\WP~SPECPROJ~CODE REV1EW~CDRV MU-H MU-L\Cod¢ strike&trader4-14-04.doc 3. Maximum height of front facade is 45 fi. above which building must step back a minimum 10 fi. of stepbaoh for eve~ each additional 50 fi. of height. 4. May increase to the maxLmumg, :ubject tz cc, nd/~ie, nc, to, n'.2nim/ze above 75 fi. and up to 100 fi., subiect to conditional use approval to ensure design and land use hacompatibilities. Multiple story buildings are encouraged within the Federal Highway Corridor District, particularly along arterial roadways. The intent of this provision is to create the appearance of, or simulate the intensity of, a minimum two (2)-story building. MINIMUM PERVIOUS AREA MU-L ZONE MU-H ZONE Community Facility Use Group Public Parking Lot or Garage --- 15% Residential Or Lodging Use Group Residential, Single Family Detached 40% --- Residential, Single Family Attached 30% 30% All Other Uses 20% 15% FRONT YARD SETBACK [ MU-L ZONE MU-H ZONE Residential Or Lodging Use Group Residential, Single Family Detached build to line 10 ft.~ ___ Residential, Single Family Attached build to line 10 ft.~ ___ Residential, Multi-Family build to line 10 ft. ~ 0-15 ft. All Other Uses including mixed use with a single-family 0 ft or 10 ft3 0 ft m: 1015 ftn attached component--build-to line ~ Porches may be placed forward of the build to line and shall maintain a minimum 2 foot setback fi.om any public sidewalk. Porches shall be placed outside of clear sight triangle. Minimum setback for a garage facing or accessing the street is 20 feet. 2 Projecting feature(s) such as awnings, balconies, porches and/or stoops ~ha!! may be placed forward of the build-to line and shall maintain a minimum 2-foot setback fi.om any public sidewalk. 3 One or more projecting feature(s) such as awnings, balconies, colonnades porches and/or stoops required forward of the build-to line and shall maintain a minimum 5-foot clearance from any vehicular use area. Elements projecting over a pedestrian walkway shall allow a minimum 9-foot vertical clearance and 5 foot horizontal pedestrian clearance. 4 Where intent is to widen pedestrian walkway in compliance with Section 9.(d) Landscaping {below). SIDE YARD MU-L ZONE MU-H ZONE Residential Or Lodging Use Group Residential, Single Family Detached, Interior 6 ft. --- Comer 15 ft --- · End 10 ft. --- Residential, Single Family Attached (Duplex) Comer 15 ft. --- Residential, single Family Attached (Townhomes) End 10 ft -- Comer 15 ft. Residential, Multi-Family 20 ft! 0 ft: 8 S:~PlanningXSHARED\WP~SPECPROJ~CODE REVIEW~CDRV MU-H MU-LXCode sln'ke&under4-14-04.doc All Other Uses Adjacent to Residential Single Family Attached or 25 ft. ~ 0 ft. Detached in the MU-L Zone Adjacent to Other Uses 0 ft. ~ 0 ft. ~ plus one additional foot for each foot of height over 45 ft. where adjacent to an existing single-family detached dwelling, less width of right-of-way. REAR YARD MU-L ZONE MU-H ZONE Residential Or Lodging Use Group All Residential, Where Yard is Adjacent to Intracoastal Waterway 25 ft. 25 ft. Residential, Single Family Detached 7.5 ft. --- Residential, Single Family Attached 7.5 ft. --- Residential, Multi-Family 25 ft. 2 0 ft. ~ All Other Uses Where Yard is Adjacent to Intracoastal Waterway 25 ft. 0 ft.~ Where Yard is Adjacent to Residential Single Family 25 ft. 2 25 ft. 2 Attached or Detached Where yard is Adjacent to All Other Uses 0 ft. 2 0 ft. 3 i subject to requirements of any permitting agency having jurisdiction over construction abutting the Intracoastal Waterway. 2 plus one additional foot for each foot of height over 45 ft. where within or abutting the MU-L Zone 3 Fifteen (15) feet abutting a street, 10 feet abutting an alley. 6_. Rezoning of Single-family Residential Zoning Districts to Mixed Use Zoning DiStricts. All requests for rezoning fi.om any single-family residential district to a mixed use zoning district shall be subject to the following additional requirements: · Height, densi _ty and intensity of development based on the roadway frontage; · Ratio of lot fi.ontage to depth that is no more than 1 foot (frontage) to 1.25 foot (dcoth): · Vehicular access to the property located to minimize impacts on adjacent single- family developments and meet safety standards; and, · Landscape barriers provided, in accordance with the landscape regulations of this code, where the rezoncd property abuts single-family residential zoning. 67. Mixed Uses. a. Buildings containing residential and non-residential uses are required within the MU-H zoning district for all properties fronting on arterial roadways, and permitted and encouraged, within the MU-L zoning district: ~n,~ Mixed use structures are subject to the same development standards as "all other uses." b. Residential uses within mixed-use structures shall not be located on the ground floor, which shall be reserved for nonresidential uses. 9 S:~Planning'~SHARED\WP~SPECPROJ~CODE REVIEW'~CDRV MU-H MU-L\Code strike&under4-14-04.doc c. Nonresidential uses within mixed residential/nonresidential structures shall be evaluated for their compatibility with residential uses located on upper floors, and shall demonstrate compatibility based upon use-type, construction materials, floor plan and site layout, and other factors as determined appropriate given the type of use. ~78. Building Placement, Massing & Orientation. Structures fronting on arterial roadways within the MU-H and MU-L Zones shall occupy the entire width of the parcel they are located upon, notwithstanding comer side setbacks and clearance needed for a drive that may be required to access the rear of the property. 9. Access. Within the MU-H and MU-L Zones, vehicular access to parking shall not be directly fi.om an arterial roadway, if an alternative is available. $10. Landscaping a. MU-H District. (1) Trees. All new construction in the MU-H District shall provide shade trees in the streetscape. · The trees selected shall be consistent with the established theme of the street, where appropriate. The City Forester will provide consultation on appropriate species. · Trunks shall be a minimum four (4) inch caliper and provide seven (7) feet of vertical clearance for visibility. · In instances where canopies of overhangs make it infeasible to plant trees, alternative means of providing landscaping for the sidewalk shalI be utilized. · Upon inspection by the City Forester, any trees found to be in declining condition shall be replaced within thirty (30) daYs. (2) Tree SpaCing · Trees shall be regularly spaced. The spacing of the trees shall be 20-25 feet on center. · Spacing may be modified by factors such as the placement of utilities, by property access points, sight lines at comers or by comer conditions. · Tree placement shall match the existing pattern, where appropriate. · Tree guards, fabricated to City specifications, shall be placed adjacent to the curb, where feasible. (3) Tree Irrigation · Irrigation systems shall be installed to service all trees and other landscape materials. · Irrigation systems shall be in operable condition at all times. (4) Sidewalks · All new construction in the MU-H District shall provide new sidewalks. 10 S:'~Plann/ngkgHARED\WPkqPECPROJ~CODE REVIEW~DRV MU-H MU-L\Codc sm'ke&under4-14-O4.doc · Sidewalks constructed along arterial roadways shall be a minimum of ten (10) feet wide, measured from the rear of curb. · Sidewalks shall, where practical, be Holland-Stonepavers, red/charcoal color mix 2 by Paver Systems, Inc., or equal, laid in a 4 S herringbone pattern to continue the design elements in place along Federal Highway. (5) Flower Containers · To add color and soften sidewalk paving with plants, flower containers containing blooming annuals or perennials ~ ~o shall, where practical, be planted and maintained along facades of new building fronting on arterial roadways in the MU-H District. 911. Parking Requirements. Parking requirements for both the MU-H and MU-L zoning districts shall be as set forth by Chapter 2, Section 11H, of the Boynton Beach Land Development Code. Chapter 2, Section 11.I shall apply only to the MU-H zoning district. a. On-site parking facilities shall be located to the rear or side of the structure they are intended to serve and screened from view from public streets, notwithstanding other provisions of these regulations that require a specific residential automobile garage setback, and paragraphs 8d. and 8e. below, permitting understory parking and regulating parking garages. The intent of this provision is that parking facilities not be prominent as viewed from the street(s) that serve(s) as the main orientation for the principal building(s), in order to emphasize buildings and pedestrian features and de-emphasize parking facilities. In order to best achieve this objective, rear parking is preferable to side yard parking. Access to parking shall be from side streets not serving as the principal structure's main frontage when possible in order to minimize vehicle/pedestrian conflicts along sidewalks resulting from driveway crossings. b. Mixed-use developments may utilize the following parking requirements based upon shared parking with different hours of use. The total requirement for off-street parking spaces shall be the highest of the requirement of the various uses computed for the following five (5) separate time periods: weekdays (daytime, evening), weekends (daytime, evening) and nighttime. For the purpose of calculating the requirement of the various uses for the various separate time periods, the percent of parking required shall be: Weekday Weekend Daytime Evening Daytime Evening Nighttime (6 a.m.- (5 p.m.- (6 a.m.- (5 p.m.- (Midnight- 5 p.m.) midnight) 5 p.m.) midnight) 6 a.m.) (Percent) (Percent) (Percent) (Percent) (Percent) Office 100 10 10 5 5 Retail 75 75 100 70 5 Lodging 75 100 75 100 75 Restaurant 50 100 100 100 10 Entertainment 40 100 90 100 10 Residential 60 100 100 100 100 (Source: Urban Land Institute "Shared Parkin ," 1983) 11 S:~Planning~SHARED\WP~SPECPROJ~ODE REVIEW~CDRV MU-H MU-L\Code strike&under4-14-04.doc c. Freestanding parking garages as part of a mixed use development are permitted within the MU-H Zone only. Within the MU-H Zone, freestanding single-use parking garages shall not exceed 75 feet in height, and shall not have direct frontage on Boynton Beach Boulevard, Ocean Avenue or Federal Highway unless the portion' of the garage abutting said streets contains storefronts, restaurants or other permitted nonresidential uses on the first floor. The intent is to border or wrap the garage in storefronts and other permitted habitable floor area to a minimum depth of twenty (20) feet, so as to disguise the garage and create continuity in street- level activity by maintaining interest for pedestrians and passing automobile traffic. Principal structures that include parking garages shall be designed to blend the architecture of the garage with the remainder of the structure to create the illusion that the garage is habitable floor space. d. Parking garages that are incorporated into the same structure as a principal building, including structures providing parking on lower floors and habitable space on upper floors, are permitted within the MU-H and MU-L Zones. Understory parking (on the fast floor of a structure) is permitted throughout the MU-H and MU-L Zones for multiple-floor buildings. Such first floor parking areas, abutting on arterial roadways, are required to be developed for commercial uses to a minimum depth of twenty (20) feet. All other visible sides of the parking structure shall be screened from view by a living trellis (utilizing climbing vines) and/or architecturally articulated facade designed to screen the parking area. e. In order to increase the efficiency of parking provision and vehicle circulation, parking facilities shall be interconnected whenever possible. Parking facilities shall, wherever feasible, be designed for future connection to an adjoining parcel where an existing connection cannot be established. 11.~. Dumpster Location. Dumpsters shall be adequately screened from view in a manner compatible with the surrounding environment. 12.__~. Circulation. Development sites with frontage on Federal Highway, Ocean Avenue and Boynton Beach Boulevard shall be designed to discourage mid-block street crossings on these streets. 13~-1z3. Signage. Chapter 21 shall govern signage within the Federal Highway Corridor District, Signs, of the Boynton Beach Land Development Code. storage Design Requirements. a. Location of self-storage use. Self-storage uses shall only be allowed above the first floor in a mixed-use structure. b. Ground-_floor retail uses required. Street frontages of the ground floor area shall be devoted to one or more principal retail and office uses, not related to the self-storage use, to a depth of at least twen _ty (20) feet. c. Access to self-storage_facilities. Access to self-storage use portion of the structure shall not be from/to an arterial roadway and must be screened from public fight-of-way. 12 S:~Planning~SHARED\WP~SPECPRO~CODE REVIEW~CDRV MU-H MU-L~2od¢ s~ike&under4-14-04.doc d. Design of buildings. Buildings shall be designed to have the appearance of a multi-story retail, office and/or residential structure through the use of windows, shutters, and appropriate building elements on the upper floors. 15. Live/Work Unit Requirements. a. Minimum Floor Area. The minimum floor area of a live/work unit shall be one thousand {1,000) square feet. b. Permitted floor Area. No more than 30% or four hundred (400) square feet, whichever is greater, of the live work unit shall be reserved for living space, including kitchen, bathroom, sleeping and storage areas. The rest of the gross floor area of each unit shall be reserved and regularly used for working space. c. Separation Required. Each live/work unit shall be a separate unit from other uses in the building. Access to each live/work unit shall be provided from common access areas, common halls or corridors, or directly from the exterior of the building. d. Parking. Each live/~vork unit shall be provided at least two and one half (2 ½) parking spaces. e. Permitted }York Activi~. The work activity in a building where live/work units are allowed shall be any use permitted by right in the zoning district, except that in order to protect the health and safety of persons who reside in a live/work unit, no work activi _ty shall be permitted that by virtue of size, intensity, number of employees or the nature of the operation, has the potential to create significant impacts by reason of dust, glare, heat, noise, noxious gasses, odor, smoke, traffic, vibration or other impacts, or would be hazardous by way of materials, process, product or wastes. f. Occupational License Required. At least one c,¢cupant resident of an individual live/work unit shall maintain a current occupational license for a business located in that unit. g. No Separate Sale or Rental o_f Portions of Unit. No portion of a live/work unit may be separately rented or sold as a commercial space for a person or persons not living in the premises or as a residential space for a person not working in the same unit. h. No Conversion of Units. No live/work unit shall singly be changed to exclusively commercial or exclusively residential use. No conversion of all live/work units in a single structure to exclusively residential use shall be, where the work portion of the units is the only commercial use in a project, nor shall conversion to exclusively commercial use be permitted where the live portion of the units is the only residential use in a pro~ect. 13 S:~Planning~SHARED\WP~SPECPROJ~CODE REVIEW~CDRV MU-H MU-L~Cod¢ strike&under4-14-04.doc 4416. Definitions. The following are supplement definitions applicable only to the Mixed Use Zoning Districts, and therefore take precedence over definitions in other portions of the Code in case of conflict. Accessory apartment: a habitable living unit added to or created within a single-family dwelling that provides basic requirements for living, sleeping, eating, cooking, and sanitation. Accessory apartments shall comprise no more than twenty-five percent (25%) of the total floor area of the single-family dwelling and shall in no case be more than 750 square feet. Antique shops or Auction house: any premises used for the retail sale_or trading or auction of articles of which eighty percent (80%) are over fifty (50) years old or have collectible value. Antique shop or auction house does not include "secondhand store or auction of used merchandise". Child Care: an establishment that provides care, protection and supervision for children on a regular basis away from their primary residence, for less than 24 hours per day. The term does not include facilities operated in conjunction with an employment use or other principal activity, where children are cared for while parents or custodians are occupied on the premises or in the immediate vicinity. Coffee house: an informal caf6 or restaurant primarily offering coffee, tea, and other non- alcoholic beverages, and where light refreshments and limited menu meals may also be sold. Convenience Store: a small store near a residential area that stocks food and general goods and is open all or most of the day and night. Custom furnishings: home furniture and decorative objects built to a buyer's specifications. Cyber caf& a coffee house that provides patrons with computer terminals for browsing the Internet for a fee. Day Spa: Spa facilities that have no overnight accommodations, but offer (an array of spa treatments administered by licensed and certified spa technicians) beauty, wellness and relaxation programs that may last from a few minutes up to a full day. Fitness/Health Club: A commercial recreation and entertainment facility or private club which has as a PRINCIPAL USE a gymnasium, swimming pool or other sports facility and which may offer massages, whirlpool baths, steam rooms, saunas or medical facilities as ACCESSORY USES to the PRINCIPAL USE. Fortune-teller/Psychic: ~ Person who makes predictions about the future through methods including astrology, palm reading, psychic abilities, crystal balls, tarot cards, or examining tea leaves. Half-way House: A residential facility used to house individuals being transifioned fi.om penal or other institutional custody back into the larger society. 14 S:~Planning~HARED\WP~SPECPROJXCODE REVIEW~CDRV MU-H MU~L\Code strike&under4-14-04.doc Hotel: A building or portion thereof containing twenty (20) or more guest rooms, efficiency units or suites designed for the temporary lodging of transient guests rented on a daily basis and occupied for less than thirty (30) days. Ancillary facilities may include conference facilities, restaurants, bars, recreation facilities, ballrooms, banquet rooms and meeting rooms. Access to the guest quarters shall be through an inside lobby and corridors or fi.om an exterior court which is within a secured area. Hotel, Boutique: A small luxury hotel containing ten (10) to ~ twenty (20) guest rooms. Meal service is usually breakfast only, but in some instances high-quality dinner and/or lunch service and room service may also be provided. Hotel, Extended Stay: Any all-suite hotel that provides visitors with a full kitchen and more than 5% of its rooms are occupied for at least thirty (30) days and no more than one htmdred and eighty (180) days. Landscaped Area: Open space area not occupied by any structures or impervious surfaces, and landscaped with vegetative material and ground covers pursuant to the Boynton Beach Landscape Code. Live/Work Unit: A commercial unit with incidental residential accommodations occupying one (1) or more rooms or floors in a building primarily designed and used for commercial occupancy and providing, 1. adequate working spaced reserved for commercial use and regularly used for such purpose by one (1) or more persons residing in the unit; and, 2. living space containing, but not limited to, a sleeping area, food preparation area with reasonable work space and a full bathroom. Medical outpatient facility: an establishment where patients who are not lodged overnight are admitted for examination and treatment by a group of physicians, dentists, or other health care professionals. Mixed Use Development: a combination of two or more uses on a single parcel, tract or development pod. In the Mixed Use-High zoning district this shall consist of a structure or series of structures containing ~e. ur.d fie. or. retail eommerc-~ wi~h office uses ,....~o-,~/~.~...,...~...~, ~ .... ;-- ..~..~- ..... ~ residential uses arranged vertically. In thc Mixed Use-Low Intensity and Suburban Mixed Usc zoning district_s, mixed-usc can refer not only to uses within single buildings, but to different uses mixed in close proximity in a single development. Motel: A building or group of buildings designed to provide sleeping accommodations for transient or overnight guests. Each building shall contain a minimum of ten (10) residential units or rooms, which generally have direct access to a parking lot, street, drive, court, patio, etc. Newsstand: a stall, booth or store where newspapers and magazines are sold. 15 S:~°IanningXSHARED\WPXSPECPROJ~CODE REVIEW~CDRV MU-H MU-L\Cod¢ slrike&undcr4-I 4-04.doc Package liquor store: an establishment where alcoholic beverages are dispensed or sold in sealed containers for consumption offthe premises. Recreation and Entertainment, Indoor: an establishment offering recreation and entertainment to the general public within an enclosed building. Such uses include movie theaters, bowling alleys, skating rinks, pool and billiard halls, game arcades (pinball, computer), fitness centers, dance studios, court sports and swimming pools. Residential, Multi-Family: A building containing three (3) or more dwelling units that cannot be classified as single-family attached. Residential, Single Family Attached: Two (2) or more one-family dwellings attached by common vertical firewalls, whereby each unit has its own front and rear access to the outside, and no unit is located over another unit. Examples of single-family attached dwellings include duplexes and townhomes. Shelter: A facility, which is not a hotel or motel, used primarily for providing free or very low- cost short-term lodging for individuals who would otherwise be homeless. Soup Kitchen: A facility providing free or very low-cost meals or distributing free or very low- cost pre-packaged foodstuffs to the public as part of a charitable activity, program or organization. Substance Abuse Center: A facility used primarily for the treatment of individuals for alcohol or drug abuse. Theater: A building or outdoor structure expressly designed for the presentation of plays, operas, music concerts, motion pictures, etc. 16 S:~PlanningXSHARED\WP~SPECPROJ'~CODE REVIEW~CDRV MU-H MU-L\Code strike&under4-14-04.doc DEVELOPMENT DEPARTMENT PLANN]'NG AND ZON][NG DIrV~SI'ON MEMORANDUM NO. PZ 04-086 TO: Mayor and City Commission FROM Dick~ Seni~dr'P!Stmler THROUGH: Michael W. Rumpf Director of Planning and Zoning DATE: April 14, 2004 SUB3ECT: CODE REVIEW CDRV 04-001 Mixed Use Zoning Districts (MU-H/MU-L) PRO.1ECT DESCR]:PI/ON Project: Proposed amendments to the Zoning Regulations for Mixed Use-High Intensity (MU-H) and Mixed Use-Low Intensity (MU-L) zoning categories, Agent: City of Boynton Beach Location: Federal Highway Corridor segment between the Boynton (C-16) Canal on the north and Woolbdght Road on the south, and lying between the [ntracoastal Waterway on the east and the right-of-way of the Florida East Coast (FEC) Railway on the west. NATURE OF REOUEST The regulaUons for the Mixed Use-High [nt~r~ity (MU:H) and Mixed Use-Low Intensity (NU-L) zoning catecjorles were adopted on .lune 18, 2002; After eighteen months of working with these regulaUons, staff has determined that minor amendments am warranted to bung the regulations into closer conformance with the Intent of the Federal i'#qbway Corridor Community Redevelopment P/an and to aid in their administraUon. The spedflc IocaUons where these district regulaUons may be applied are generally described as lands currently designated as Mixed Use (MX) and Mixed Use-Corn (MXC) on the City's Future Land Use Map. ANALYSZS The proposed amendments to th& Mixed Use zoning districts indude recommendaUons from Oty staff, from a workshop and two public hearings held by the Community Redevelopment Agency and from the ~[nlet Cove Association ([NCA). These include changes to the following sections: Section 6.F.4-Table 6F-1 Schedule of Permitted, Prindoal, Accessory and Conditional Uses. . Uve-Work Units have been added as permitted uses In both zoning districts. Pa~e 2 CDRV 04-001 Mixed Use-High/Mixed Use-Low · Self-storage or Mini Warehouse use has been made a conditional use in the MU-L district. · Supplemental regulations are provided for the.additional uses (6.F. 14 and 6.F.15) to address location, design and other related aspects, it should be noted that, with the proposed changes, the majority of permitted uses would be required to be integrated into a mixed use project. · BouUque Hotel has been added as a "Conditional Use" in the HU-H district and required to be a part of a mixed use project. A definition has also been added for the use. * Hadna has been added as a "Conditional Use' in both districts. · Numerous uses have been reclassified from 'Conditional" to "Permitt~", based on the Code's definition of 'conditional Use". Section 6F.5 Iluildina and site reeulations. · Locational Requirements for flelght, Density and Roor Area Ratio have been added for all uses except ~Residential, Single-Family Detached" and ~Resldenflal, Single- Family Attached (Duplex)". These requirements affect Townhouses and MulU-family developments, as well as all Hixed-Use projects. Section 6F.6 Rezonina of Sincde-familv Residential Zonina Districts to Mixed Use Zonlna Districts has been added, providing additional requirements for these requests to ensure greater compaUbility with existing single-family development. AddlUonal recommendaUons from the CRA, which have not been added, indude: · Haldng "Performing Arts Theater" a conditional use in the MU-L district as it now is in the MU-H district. · Adding =Rne Arts Auction House" as a permitted use in the HU-H district. · Redudng the minimum parcel size for a Hotel from 3 acres to I acre. · Redudng the average size of minimum living area for'NI other Residential" from 1,000 square feet to 850 square feet. Staff will draR standards and a definition for ~Rne Arts Auction House". RECOMMENDATION Staff recommends that the subject text amendments be approved as the proposed amendments to the zoning code, and request direction from the Commission mlaUve to those changes listed above that are not reflected in the attachment. S:~a~Ifl~IGq~IARED\WP~SPECPRO~COOE REVIEY~CDRV MU-H MU4.~ REPORT REVL~ED 4-14-04.DOC CHAPTER 2 ZONING Exhibit A Sec.6. Commercial district regulations and use provisions F. Mixed Use Zoning Districts 1. Intent and Purpose. The Mixed Use zoning Districts allow for a diversity of land uses and accommodate and encourage a mixture of residential, office, retail, recreational, and other miscellaneous uses on assemble arcels .... e ........... ~.,.-j .............. the Community Redevelopment Area. All development and redevelopment shall be g~qded-by~a approve6-require a site plan .approval to be processed concurrently with the application for The objectives of the Mixed Use zoning districts are as follows: a. Support and enhance revitalization efforts in the City's traditional commercial core area; b. Create major new residential and mixed use areas in planned locations with appropriate'densities, heights, and mixtures of uses; c. Create optimal pedestrian environments though appropriate separation from, and design of vehicular circulation areas; d. Allow flexibility in architectural design and building bulk; while maximizing compatibility and harmony with adjoining development within the redevelopment area; e. Create surrounding areas that complement rather than compete with the downtown; f. Create higher quality environments for residents, businesses, employees, and visitors. 2. Zoning Districts. The Mixed Use zoning districts shall be applied to selected geographic areas east of I.-9.5, identified on the City's Future Land Use Map, where a mixture of uses and building densities is intended to carry out elements of the city's redevelopment plans, including goals in employment, population, transportation, housing, public facilities, and environmental quality. Regulations for the planning areas are implemented through two zoning districts: Mixed Use-High Intensity (MU-H) and Mixed Use-Low Intensity (MU-L). Permitted uses 'and associated standards for development vary between the zoning districts, each reflecting the importance of the district's location and its relationship to the downtown. Heights, densi.tie.s and intensities .of development are regulated according to the classification of the roadway along the frontage of the property. A Mixed Use zoning district may be located only on lands designated Mixed Use (MX) or Mixed Use-Core (MX-C) on the City of Boynton Beach Future Land Use Map. 3. Subdistricts established. a. MU-H (Mixed-Use-High Intensity) Zoning District. (1) Upon adoption of the Mixed Use-Core 0VIX-C) land use classification, this zoning district shall only be applied to lands classified as Mixed Use-Core (MX-C) on the Future Land Use Map. (2) The MU-H district is appropriate for developments that provide for high density residential in addition to retail commercial and office uses. 1 S:~Planning~SHARED\WP~PECPRO.~CODE REV1EW~CDRV MU-H MU-L~2ode strike&under4-14-~4.doc (3) The clistriet allows a maximum height of one hundred-fifty (150) feet and a residential density of 80 dwelling units per acre, provided that all new developments within this district that front on streets designated as "arterial" or "collector" road~ways on the "Functional Classification of Roadways Map" contain a mixture of retail, office and/or residential uses arranged either vertically or horizontally. b. MU-L (Mixed-Use-Low Intensity) Zoning District. (1) In order to complement the revitalization efforts in the City's commercial core, the MU-L zoning district shall only be applied to lands peripheral to the downtown and classified as Mixed Use (MX) on the Future Land Use Map. (2)The MU-L district is appropriate for low- to mid-rise developments that provide for medium density residential uses. (3) The district allows a maximum height of seventy-five (75) feet and a residential density of 40 dwelling units per acre for mixed use projects. (4) Building heights between seventy-five (75) feet and one hundred (100) feet may be permitted if reviewed as a conditional use. (5) The review of these applications will emphasize aesthetics and design quality, and physical compatibility with adjacent land uses. (6) All new ~ developments within this district that contain a mix of uses shall front on streets designated as "arterial", "collector", or "local collector" road~ways" on the "Functional Classification of Roadways Map" and shall contain a mixture of retail commercial, office and/or residential uses, which may be arranged either vertically or horizontally. (7) Height restrictions and densities may be further limited in certain geographic areas to further applicable redevelopment plans. 4. gemfitted-Uses. a. The following table identifies the permitted, restricted and prohibited uses within the Mixed Use Zoning Districts. b. Uses are classified as Permitted "P", Conditional "C" or Not Permitted c. Uses permitted with restrictions are followed by a numeral that corresponds to a foomote below the table. Each footnote explains restrictions associated with the use. d. The Planning and Zoning Director or designee shall have the discretion to approve uses that are not specifically listed but are similar to uses that are expressly permitted provided, however, such uses are not expressly identified as conditionally permitted or not permitted in any zoning district within the City. 2 S:~PlanningSSHARED~WI~S[~PRO~ODE REV1EW~DRV MU-H MU-L~ode sirike&under4-1 TABLE 6F-1 I sCm DVLE oF PEaMIT~D PRINCIPAL, ACCESSORY AND CONDITIONAL USESI USE GROUP/USE Mu-L ZONE Mu-H ZONE Residential or Lodging Use Group Bed and Breakfast C N Boutique Hotei' _N ' Hotel C P Home Occupation P P Mobile Home N N Motel N N Residential, Single Family Detached P N Residential, Single Family Attached P ReSidential, Multi-Family P P2_/C2 Boarding and Rooming House N N (except where provided by state law) Accessory Unit P N Live/work Unit P~ P~_~ Communi~ Faeffities Use Group MU-L ZONE MU-II ZONE Government Office/Civic Center/Library GP Recreation (outdoor) P N Museum P P House of Worship Police or Fire-Rescue Station pa P Postal Center (retail sales o..nl¥) C Post Office p pO Public Park P P Public Parking Lot or Garage P P Office U~e Group* MU-L ZONE MU-II ZONE * Not encouraged as a first floor use in the MU-H Zone Bank/Financial Institution Medical or Dental Office or Clinic pO po_ Physical Therapy Clinic Po_ Po_ Professional Business Office pt 'pO_ Veterinary Office or Clinic pO N Sales and General Commercial Use MU-L ZONE MU-It ZONE Group* * Where permitt~ wiflain .the MU-L Zone, only on lots ~onting on major arterial roadways. Alcoholic Beverage Package Store po pO Ammunition or Firearm Sale or Rental- N N Animal Boarding'or Kennel G-P__~° N Animal Grooming Pt po_ Animal Sales N N 3 S:~Plarmh~SHARED\WP~SPECPROJ~/2ODB REVIEW~CDRV MU-H MU-Lk'2.~de..~l~.~ma,.a_~ ama ~ USE GROUP/USE MU-L ZONE MU-H ZONE' Sales and General Commercial Use MU-L ZONE MU-H ZONE Group* Antique Store/Fine Arts Antique Auction po_ pO Antique Mall/Flea Market N N Arts, Cr~s, Hobby and Framing po_ pO_ Auction House N N Automotive Parts Sales N N Automobile Sales with Display p~ ,.. p12 Bakery, Retail pO pO Boat/Marine Sales/Rental N Boat/Marine Accessories po pO Bookstore pO pO Building Supplies or Materials N N Bus Terminal N New Clothing. Shoes.or Accessories pO pO Boutique Contractor's Office/Equipment Storage N N Coffee Shop pO pO Convenience Store pO pO Custom Home Furnishings p6 pO , Cyber-caf6 pO pO , Delicatessen pO pO Dive Shop and Instruction as Accessory Use p° p Drug Store or Pharmacy pn p3 Gasoline Sales with/without Vehicle Service C~° N Grocery Store, Supermarket p7 p7 . , Florist Hardware Store pO pO Health Food Store pO pO Home Improvement Centers N N Lumber Yard N N Marina C C Newsstand pO pO Outdoor Storage or Display N N Parking Lot for Commercial Vehicles N N Parking Lot or Garage, Private Ownership C C' Personal Watercraft Sales, Rental, Service, p~2' pO Parts or Repair ., Photographic Studio and Photographic G P_ Supplies Restaurant, w/Drive Thru N , . N Re~urant, Sit-Down GPo ' ' Po_ Specialty Foods and Confections p~, pO Sporting Goods pO pO Tobacco and Accessories PO p~, 4 S:~Planningk~HARED\WP~PECPROJ~X)DE REVIEW~CDRV MU-H MU-LII?xxle stn'ke&undera-1 a.tu ,~,~ USE GROUP/USE MU-L ZONE MU-H ZONE Sales and General Commercial~ cont'd MU-L ZONE MU-H ZONE Vehicle or Marine Customizing, Detailing, N N Service, Parts or Repair Vehicle or Marine Trailer Sales, Rentals, N N Service, Repairs and Storage Video Rental pO pO Wholesale/Warehouse/Distribution N N Service, Use Group* , MIJ-L zONE MU-H ZONE * Where permitte~ within the MU-L Zone, only on lots fronti~.on major arterial roadways. Barbershop/Beauty Salon/Day SpaP~ pO Dance Studio p° p~, Dressmaker or Tailor pO pO Drycle .aner p0,~ pO,~ Fitness/Health Club GP~ pO Funeral Home N N Hospital N N Labor Pool Establishments N N Laundromat pO N Medical Outpatient Facility GP~ GP~ Nursery, Preschool or Child Daycare pO N Nursing or Convalescent Home N N Photocopy Center pO po Serf-Storage or Mini Warehouse t~~4 N Shoe Repair pO pO Soup Kitchens,/Substance abuse Centers/ N N Shelters/Half-way Houses Tattoo Parlor/Body Piercing N N Entertainment Use Group* MU-L ZONE ,MU-H ZONE * Where permitted within the MU-L Zone, only on lots fronting on major arterial roadways. Adult Entertainment N N Bar, Cocktail Lounge C~ P~ Billiard Club/Bowling Alley/Indoor C~ pO Recreation Facility Bingo Hall N N Fortune Teller N N Movie Theater N C3 Nig~ht Club N C Performing ,,Arts Theater t~_ P Private Clubs, Lodges and Fraternal C~ ~ Aeeessor~ Use MU-L ZONE MU-H ZONE Drive-Thru Facility (other than accessory C~ N use to financial institutions and restaurants) 5 SAPIanningkgHARED~WP~SPECPROJ~ODE REVIEW~CDRV MI 1-14 I~ M .W'nde ~V,.~,,,~4~,a.~ ama a~ Restriction Notes: Must be an integral part of a mixed-use development comprising a maximum of 30 percent of the gross floor area of the entire development. 2 For those with frontage on an arterial road, allowed as a permitted use if the ground level floor fronting the arterial is devoted to office or retail uses. Otherwise, use is a conditional use. 3 Use shall be subject to the following distance separation requirements from similar uses, measured in a straight line, using the shortest distance between property lines: For uses with less than 5,000 square feet of gross floor area, 750 feet. For uses with a gross floor area equal to or greater than 5,000 gross square feet, 1,500 feet. 4 Subject to setback and buffering requirements as recommended by the Technical Review Committee. s Maximum gross square footage of structure shah not exceed 2,500 square feet. Storage of postal vehicles prohibited. Must be integrated into a commercial or mixed use development and not exceed 30 percent of the gross floor area of the entire development, constructed within the same structure as the remaining commercial or mixed use development. 7 Gross floor area of grocery store must be a minimum of 15,000 square feet and a maximum of 30,000 square feet. On-site drop-off and pick-up only. 9 Drive-thru facility, including stacking lanes, must be screened from public right-of-way and requires conditional use approval. Ingress/egress shall not be flora/to an arterial roadway. Shall comply with provisions of Chapter 2, Sec. 11 .L., pertaining to retail sale of gasoline or gasoline products. Not permitted on property with Federal Highway Frontage in the MU-L Zone unless consistent with restriction note number six (6). Indoor storage/display shall not exceed 10,000 square feet. In conjunction with a permitted marina use. Storage/display allowed only in wet docks or indoor not to exceed 10,000 square feet. See Section 14 for regulations. See Section 15 for regulations. 6 S:~Planning~SHARED\WI~PECPROJ~CODE REVIEW~DRV MU-H MU-LV~.ode a~ke&undera-1 a.tla a,~ 5. Building and site regulations. Minimum Parcel Size~ r MU-L ZONE MU-H zoNE Residential Or Lodging Use Group Hotel --- 3 1 acre* *or is part of a mixed use development of at least 3 1 acres. Residential, Single Family Detached 5,000 sq. R. --- Residential, Single Family DetaChed w/Accessory Unit 7,500 sq. fl. --- Residential, Single Family Attached (Duplex) 7,500 sq. fl. --- Residential, Single Family Attached (Townh0me) 2,500 sq.fl./uni.t 65,000 sq. fl. Residential, M~ti-Famil¥ 15,000 sq..fi. 20,000 sq. fl. Community Facility Use Group Public Park no minimum no minimum All other Uses 10,000 scI. fi 10,000 sci. fi, Minimum Living Area MU-L ZONE MU-H ZONE Single Family Detached 1,000 sq. fi. -- All other Residential 750 sq. fi. 650* sq. ft. AccessOry Apartment 750 sq. fi. --- * Size of all units must average !,~%00 850 sq. fL Minimum Lot Frontage MU-L ZONE MU-H ZONE Residential Or Lodging Use Group Residential, Single Family Detached 50 fi. --- Residential, Single Family Attached (Duplex) 75 ft --- Residential, Single Family Attached (Townhome) 25 fL/unit --- Residential, Multiple-Family 100 ft. 100 fi. All Other Uses 100 fi. 100 fi. Maximum Height MU-L ZONE MU.H ZONE Residential Or Lodging Use Group Residential, Single Fam!ly Detached 35 fl. --- Residential, Single Family Attached (Duplex} 35 fi -- All Other Uses Locational Requirements for Height~ Density, and Floor Area Ratio .A. polv Tv~e Of Zoning Districts Roadway MU-L ZONE MU-H ZONE Fl'onta~e Height~ Density FAR: Height~ Density FAR: Arterial 753-1003,4 fi 40 du/ac 1.5-2.0 150 fi..3.., 80 du/ac 4.0 Collector 45-75~ fi 20-40 du/ac 1-1.5 150 ft.~ 80 du/ac 4.0 Local Collector 45 ft 20 du/ac 1.0 NO NO NO Loea NO NO NO NO NO NO "Minimum Height on any street bontage is 35 feet. z Includes all habitable space, including residential units, (excluding parking structures) 7 S:~Plalming~I-IARED~WP~SPECPROJ~CODE REVJEW~.DRV ~ ~.I4 l~ ;.! XC'~.. ~l~,..e,,,~,~,s _, ~ n,~ .~ 3. Maximum height of front facade is 45 ft. above which building must step back a minimum 10 ft. of st~pba~ for evz'..d each additional 50 ft. of height. n. May increase to ,r. .... : ........ ~-:~ · .... -~:'~ ~ w2:lL-r~.e above 75 ft. and up to 100 ft., subject to conditional use approval to ensure design and land use iaeompatibilities. Multiple story buildings are encouraged within the Federal Highway Corridor District, particularly along arterial roadways. The intent of this provision is to create the appearance of, or simulate the intensity of, a minimum two (2)-story building. ~ PERVIOUS AREA MU-L ZONE MU-H ZONE Community Facility Use Group Public parking Lot or Garage --- 15% ' Residential Or Lodging Use Group Residential, Single Family Detached 40% -- Residential, Single Family Attached 30% 30% All Other Uses 20% 15% FRONT YARD SETBACK MU-L ZONE MU-H ZONE Residential Or Lodging Use Group Residential, Single Family Detached build to line 10 ft.~ ___ Residential, Single Family Attached build to line 10 ft.~ __. Residential, Multi-Family build to line 10 ft.z 0-15 ft. All Other Uses including mixed use with a single-family 0 ft or 10 attached component-build-to line ~ Porches may be placed forward of the build to line and shall maintain a minimum 2 foot setback from any public sidewalk. Porches shall be placed outside of clear sight triangle. Minimum setback for a garage facing or accessing the street is 20 feet. 2 Projecting feature(s) such as awnings, balconies, porches and/or stoops ,~hall may be placed forward of the build-to line and shall maintain a minimum 2-foot setback from any public sidewalk. 3 One or more projecting feature(s) such as awnings, balconies, colonnades porches and/or stoops required forward of the build-to line and shall maintain a minimum 5-foot clearance from any vehicular use area. Elements projecting over a pedestrian walkway shall allow a minimum 9-foot vertical clearance and 5 foot horizontal pedestrian clearance. 4 Where intent is to widen pedestrian walkway in compliance with Section 9.(d) Landscaping _(below). SIDE YARD MU-L ZONE MU-H ZONE Residential Or Lodging Use Group Residential, Single Family Detached, Interior 6 ft. --- Comer 15 ft --- End 10 ft. -- Residential, Single Family Attached (Duplex) Comer 15 ft. -- Residential, single Family Attached (Townhomes) End 10 ft -- Comer 15 ft. Residential, Multi-Family 20 ftl 0 8 S:'~PlarmingkgHARED\WP~PECPROJ~CODE REVIEW~CDRV MU-H MI All Other Uses Adjacent to Residential Single Family Attached or 25 ft. ~ 0 ft. Detached in the MU-L Zone Adjacent to Other Uses 0 ft. ~ 0 ft. ~ plus one additional foot for each. foot of height over 45 ft. where adjacent to an existing single-family detached dwelling, less width of right-of-way. REAR YARD MU-L ZONE MU-H ZONE Residential Or Lodging Use Group All Residential, Where Yard is Adjacent to Intracoastal Waterway 25 ft. 25 ft. Residential, Single Family Detached 7.5 ft. --- Residential, Single Family Attached 7.5 ft. --- Residential, Multi-Family 25 ft. ~ 0 ft. ~ All Other Uses Where Yard is Adjacent tO Intracoastal Waterway 25 ft. 0 ft.! White'Yard is Adjacent to Residential Single Family 25 ft. 2 25 ft. 2 Attached or Detached Where yard is Adjacent to All Other Uses 0 ft. 2 0 ft. 3 ~ subject to requirements of any permitting agency having jurisdiction over construction abutting the Intracoastal Watenvay. 2 plus one additional foot for each foot of height over 45 ft. where within or abutting the MU-L Zone 3 Fifteen (15) feet abutting a street, 10 feet abutting an alley. 6_ Rezoning of Single-family Residential Zoning Districts to Mixed Use Zoning Districts. All requests for rezoning from any single-family residential district to a mixed use zoning district shall be subject to the following additional requirements: · Height, density_ and intensity of development based on the roadway frontage; · Ratio of lot frontage to depth that is no more than 1 foot (frontage) to 1.25 foot · Vehicular access to the property_ located to minimize impacts on adiacent single- family developments and meet safety standards; and, · Landscape barriers provided, in accordance with the landscape regulations of this code, where the rezoned property_ abuts single-family residential zoning. 67. Mixed Uses. a. Buildings containing residential and non-residential uses are required within the MU-H zoning district for all properties fronting on arterial roadways, and permitted and encouraged, within the MU-L zoning district._ ann,, Mixed use structures are subject to the same development standards as "all other uses." b. Residential uses within mixed-use structures shall not be located on the ground floor, which shall be reserved for nonresidential uses. 9 S:~Phnning~HARED\WP~SPECPRO.r~CODE REVIBW~CDRV MU-H MU-L~Code atrik~md~a.1 a_na ,~ c. Nonresidential uses within mixed residential/nonresidential structures shall be evaluated for their compatibility with residential uses located on upper floors, and shall demonstrate compatibility based upon use-type, construction materials, floor plan and site layout, and other factors as determined appropriate given the type of use. g8. Building Placement, Massing & Orientation. Structures fronting on arterial roadways within the MU-H and MU-L Zones shall occupy the entire width of the parcel they are located upon, notwithstanding comer side setbacks and clearance needed for a drive that may be required to access the rear of the property. 9. Access. Within the MU-H and MU-L Zones, vehicular access to parking shall not be directly from an arterial roadway, if an alternative is available. 810___~. Landscaping a. MU-H District. (1) Trees. All new construction in the MU-H District shall provide shade trees in the streetscape. · The trees selected shall be consistent with the established theme of the street, where appropriate. The City Forester will provide consultation on appropriate species. · Trunks shall be a minimura four (4) inch caliper and provide seven (7) feet of vertical clearance for visibility. · In instances where canopies of overhangs make it infeasible to plant trees, alternative means of providing landscaping for the sidewalk shall be utilized. · Upon inspection by the City Forester, any trees found to be in declining condition shall be replaced within thirty (30) days. (2) Tree Spacing · Trees shall be regularly spaced. The spacing of the trees shall be 20-25 feet on center. · Spacing may be modified by factors such as the placement of utilities, by property access points, sight lines at comers or by comer conditions. · Tree placement shall match the existing pattern, where appropriate. · Tree guards, fabricated to City specifications, shall be placed adjacent to the curb, where feasible. (3) Tree Irrigation · Irrigation systems shall be installed to service all trees and other landscape materials. · Irrigation systems shall be in operable condition at all times. (4) Sidewalks · All new coustmcfion in the MU-H District shall provide new sidewalks. 10 S:~PlanningX~HARED\WP~SPECPROJXCODE REV1EW~.DRV k41 I. II MI I.! Xt~,~l. ~,,4~..~,,mn~.a_ ~ AnA a~. · Sidewalks constructed along arterial roadways shall be a minimum of ten (10) feet wide, measured from the rear of curb. · Sidewalks shall, . where practical, be Holland-Stonepavers, red/charcoal color mix 2 by Paver Systems, Inc., or equal, laid in a 4 S herringbone pattern to continue the design elements in place along Federal Highway. (5) Flower Containers · To add color and soften sidewalk paving with plants, flower containers containing blooming annuals or perennials ~-oqmeoun~md to .shall, where practical, be planted and maintained along facades of new building fronting on arterial roadways in the MU-H District.. 911. Parking Requirements. Parking requirements for both the MU-H and MU-L zoning districts shall be as set forth by Chapter 2, Section 11H, of the Boynton Beach Land Development Code. Chapter 2, Section 11.I shall apply only to the MU-H zoning district. a. On-site parking facilities shall be located to the rear or side of the structure they are intended to serve and screened from view fi.om public streets, notwithstanding other provisions of these regulations that require a specific residential automobile garage setback, and paragraphs 8d. and 8e. below, permitting understory parking and regulating parking garages. The intent of this provision is that parking facilities not be prominent as viewed fi.om the street(s) that serve(s) as the main orientation for the principal building(s), in order to emphasize buildings and pedestrian features and de-emphasize parking facilities. In order to best achieve this objective, rear parking is preferable to side yard parking. Access to parking shall be from side streets not serving as the principal structure's main fi.ontage when possible in order to minimize vehicle/pedestrian conflicts along sidewalks resulting fi.om driveway crossings. b. Mixed-use developments may utilize the following parking requirements based upon shared parking with different hours of use. The total requirement for off-street parking spaces shall be the highest of the requirement of the various uses computed for the following five (5) separate time periodS: weekdays (daytime, evening), weekends (daytime, evening) and nighttime. For the purpose of calculating the requirement of the various uses for the various separate time periods, the percent of parking required shall be: Weekday Weekend Da ,~, e Evening Daytime Evening Nighttime (6 a.m.- (5 p.m.- (6 a.m.- (5 p.m.- (Midnight- 5 p.m.) midnight) 5 p.m.) midnight) 6 a.m.) (Percent) (Percent) (Percent) (Percent) (Percent) Office 100 10 10 5 5 Retail 75 75 100 70 5 Lod~ng 75 100 75 100 75 Restaurant 50 100 100 100 10 Entertainment 40 100 90 100 10 Residential 60 100 100 100 100 (Source: Urban I_and Institute "Shared Parkin ,e,, 1983) 11 8APIanning~SHARED\WP~PECPROJqC"ODE REVIE~RV MU-H MII-l.\r'.nd~ ~,q~n..e....~..~a- ~.~.~ .s~ c. Freestanding parking garages as part of a mixed use development are permitted within the MU-H Zone only. Within the MU-H Zone, freestanding sinCe-use parking garages shall not exceed 75 feet in height, and shall not have direct frontage on Boynton Beach . Boulevard, Ocean Avenue or Federal Highway unless the portion of the garage abutting said streets contains storefronts, restaurants or other permitted nonresidential uses on the first floor. The intent is to border or wrap the garage in storefronts and other permitted habitable floor area t_2o a minimum depth of twenty (20) feet, so as to disguise the garage and create continuity in street- level activity by maintaining interest for pedestrians and passing automobile traffic. Principal structures that include parking garages shall be designed to blend the architecture of the garage with the remainder of the structure to create the illusion that the garage is habitable floor space. d. Parking garages that are incorporated into the same structure as a principal building, including structures providing parking on lower floors and habitable space on upper floors, are permitted within the MU-H and MU-L Zones. Understory parking (on the first floor of a structure) is permitted throughout the MU-H and MU-L Zones for multiple-floor buildings. Such first floor parking areas, abutting on arterial roadways, are required to be developed for commercial uses to a minimum depth of twenty (20) feet. All other visible sides of the parking structure shall be screened from view by a living trellis (utilizing climbing vines) and/or architecturally articulated faqade designed to screen the parking area. e. In order to increase the efficiency of parking provision and vehicle circulation, parking facilities shall be interconnected whenever possible. Parking facilities shall, wherever feasible, be designed for future connection to an adjoining parcel where an existing connection cannot be established. 11~40. Dumpster Location. Dumpsters shall be adequately screened from view in a manner compatible with the surrounding environment. 12..__~. Circulation. Development sites with frontage on Federal Highway, Ocean Avenue and Boynton Beach Boulevard shall be designed to discourage mid-block street crossings on these streets. 13~-h3. Signage. Chapter 21 shah govern 'signage within the Federal Highway Corridor District, Signs, of the Boynton Beach Land Development Code. ..... Self- storaee Desien Reauirements. a. LocatiOn of self-storage use. Self-storage uses shall only be allowed above the first floor in a mixed-use structure. b. Ground-floor retail uses required. Street frontag.e.s of the ground floor area shall be devoted to one or more principal retail and office uses, not related to the self-storage use, to a depth of at least twenty (20) feet. c. Access to self-storagefacilitie& Access to serf-storage use portion of the structure shall not be from/to an arterial roadway and must be screened from public, right-of-way. 12 S:~Vlanning~SHARED\WI~PF. CPROfO3DE REVIE~RV MU-H MU-L~Code s~qre&und~la-t~ ~ d. Design of buildings. Buildings shall be designed to have the appearance of a multi-sto _fy retail, office and/or residential structure through the use of windows, shutters, and appropriate building elements on the upper floors. 1_~5. Live/Work Unit Requirements. a_ Minimum FloorArea. The minimum floor area of a live/work unit shall be one thousand (1,000) square feet. b. Permitted floor Area. No more than 30% or four hundred (400) square feet, whichever is greater, of the live work unit shall be reserved for living space, including kitchen, bathroom, sleeping and storage areas. The rest of the gross floor area of each unit shall be reserved and regularly used for working space. c. Separation Required. Each live/work unit shall be a separate unit from other uses in the building. Access to each live/work unit shall be provided from common access areas, common halls or corridors, or directly from the exterior of the building. d. Parking.. Each live/work unit shall be provided at least two and one half (2 parking spaces. e. Permitted }York Activity. The work acfiviW in a building where live/work units are allowed shall be any use permitted by right in the zoning district, except that in order to protect the health and safety of persons who reside in a live/work unit, no work activity shall be permitted that by virtue of size, intensiW, number of employees or the nature of the operation, has the potential to create significant impacts by reason of dust, glare, heat, noise, noxious gasses, odor,, smoke, traffic, vibration or other impacts, or would be hazardous by way of materials, process, product or wastes. f. Occupational License Required. At least.....~,~-~ ,,,,,,..~,..~.~ resident of an individual live/work unit shall maintain a current occupational license for a business located in that unit. g. No Separate Sale or Rental qf Portions of Unit. No portion of a live/work unit may be separately rented or sold as a commercial space for a person or persons not living in the premises or as a residential space for a person not working in the same unit. h. No Conversion of Units. No live/work unit shall singly be changed to exclusively commercial or exclusively residential use. No conversion of all live/woK units in a single structure to exclusively residential use shall be, where the work portion of the units is the only commercial use in a project, nor shall conversion to exclusively commercial use be .permitted where the live portion of the units is the only residential use in a project. 13 S:~Planning~SHARED\WP~SPECPROJ~ODE REVIEW~DRV MU-H MU-L~odc s~ike&undcf4-14-O&doe 4416. Definitions. The following are supplement definitions applicable only to the Mixed Use Zoning Districts, and therefore take precedence over definitions in other portions of the Code in case of conflict. Accessory apartment: a habitable living unit added to or created within a single-family dwelling that provides basic requirements for living, sleeping, eating, cooking, and sanitation. Accessory apartments shall comprise no more than twenty-five percent (25%) of the total floor area of the single-family dwelling and shall in no case be more than 750 square feet. Antique shops or Auction house,: any premises used for the retail sale..e~ trading or auction of articles of which eighty percent (80%) are over fifty (50) years old or have collectible value. Antique shop or auction house does not include "secondhand store or auction of used merchandise". Child Care: an establishment that provides care, protection and supervision for children on a regular basis away from their primary residence for less than 24 hours per day. The term docs not include facilities operated in conjunction with an employment use or other principal activity, where children arc cared for while parents or custodians arc occupied on the premises or in the immediate vicinity. Coffee house: an informal caf6 or restaurant primarily offering coffee, tea, and other non- alcoholic beverages, and where light refreshments and limited menu meals may also be sold. Convenience Store: a small store near a residential area that stocks food and general goods and. is open all or most of the day and night. Custom furnishings: home furniture and decorative objects built to a buyer's specifications. Cyber caf& a coffee house that provides patrons with computer terminals for browsing the Interact for a fee. Day Spa: Spa facilities that have no overnight accommodations, but offer (an array of spa treatments administered by licensed and certified spa techoicians) beauty, wellness and relaxation programs that may last from a few minutes up to a full day. Fitness/Health Club: A commercial recreation and entertainment facility or private club which has as a PRINCIPAL USE a ~anasiurr~ swimming pool or other sports facility .and which may offer massages, whirlpool baths, steam rooms, .s.a .unas or medic.al facilities as ACCESSORY USES to the PRINCIPAL USE. Fortune-teller/Psychic: somebody Person who makes predictions about the future through methods including astrology, palm reading, psychic abilities, crystal balls, tarot cards, or examioing tea leaves. Haft-way House: A residential facility used to house individuals being transitioned from penal or other institutional custody back into the larger society. 14 S:~Planning~SHARED\WPk~PECPROJ~CODE REVIEW~CDRV MU-H MU-LtCode sm'ke&under~-~ a.aa a,,,- Hotel: A building or portion thereof containing twenty (20) or more guest rooms, efficiency units or suites designed for the temporary_ lodging of transient guests rented on a daily basis and oct. upied for less than thirty (30) days...Ancillary_ facilities may include conference facilities, resta.ur~ .ts, bars., recreation facilities, ballrooms, banquet rooms and meeting rooms. Access to the guest quarters shall be through an inside lobby and corridors or from an exterior court which is within a secured area. Hotel Boutique: A small luxury hotel containing ten (10) to fho, ee~4~ twenty (20) guest moms. Meal service is usually breakfast only, but in some instances high-quality dinner and/or lunch service and room service may also be provided. Hotel Extended Stay: Any all-suite hotel that provides visitors with a full kitchen and more than 5% of its rooms are occupied for at least thirty (30) days and no more than one hundred and eight3, (180) days. Landscaped Area: Open space area not occupied by any structures or impervious surfaces, and landscaped with vegetative material and ground covers pursuant to the Boynton Beach Landscape Code. Live/Work Unit: A commercial unit with incidental residential accommodations occupying one (1) or more rooms or floors in a building primarily designed and used for commercial occupancy and providing, 1. adequate working spaced reserved for commercial use and regularly used for such purpose by one (1) or more persons residing in the unit; and, 2. living space containing, but not I. im. ited to, a sleeping area, food preparation area with reasonable work space and a full bathroom. Medical outpatient facility: an establishment where patients who are not lodged overnight are admitted for examination and treatment by a group of physicians, dentists, or other health care professionals. Mixed Use Development: a combination of two or more uses on a single parcel, .tract or development pod. In the Mixed Use-High zoning district this shall consist of a structure or series of structures con residential uses arranged vertically. In the Mixed Use-Low Intensity and Suburban Mixed Use zoning distriets~ mixed-use can refer not only to uses within single buildings, but to different uses mixed in close proximity in a single development. Motel: A building or group of buildings designed to provide sleeping accommodations for transient or overnight guests. Each building shall contain a minimum often (10) residential units or rooms, which generally have direct access to a parking lot, street, drive, court, patio, etc. Newsstand: a stall, booth or store where newspapers and magazines are sold. 15 S:~Planninb6SHARED\WPK~PECPROJXCODE REVIEW~DRV MU-H MU-L~Code ~rlke.,e~,ma~.a.1 a-n~ a~ Package liquor store: an establishment where alcoholic beverages are dispensed or sold in sealed containers for consUmption off the premises. Recreation and Entertainment, Indoor: an establishment offering recreation and entertainment to the general public within an enclosed building. Such uses include movie theaters, bowling alleys, skating rinks, pool and billiard halls, game arcades (pinball, computer), fitness centers, dance studios, com-t sports and swimming pools. Residential, Multi-Family: A building containing three (3) or more dwelling traits that cannot be classified as single-family attached.' Residential, Single Family Attached: Two (2) or more one-family dwellings attached by common vertical firewalls, whereby each unit has its own front and rear access to the outside, and no unit is located over another unit. Examples of single-family attached dwellings include duplexes and townhomes. Shelter: A facility, which is not a hotel or motel, used primarily for providing free or very low- cost short-term lodging for individuals who would otherwise be homeless. Soup Kitchen: A facility providing free or very Iow-cost meals or distributing free or very low- cost pre-packaged foodstuffs to the public as part of a charitable activity, program or organization. Substance Abuse Center: A facility used primarily for the treatment of individuals for alcohol or drug abuse. Theater: A building or outdoor structure expressly designed for the presentation of plays, operas, music concerts, motion pictures, etc. 16 S:~Plarming~HARED\WP~SPECPROAC~DE REVIEW~DRV MU-H MU-LV2ode ~m'lt.~,~a-a ~ na .~.. XII. - LEGAL CITY OF BOYNTON ITEM A.3 AGENDA ITEM REQUES3 Requested City Commission Date F'mal Form Must be Turned Requested City Commission Date Final Form Must be Tamed Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] April 6, 2004 March 15, 2004 (Noon.) [] June 1, 2004 May 17, 2004 (Noon) ~ April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31,2004 (Noon) --~ May4,2004 April l9, 2004 (Noon) [] July6,2004 Junel4,2004(Noon)C:~ Mayl8,20tM May 3, 2004 (Noon) [] July20,2004 July 5, 2004 (Noon) -~O O-rI [] Administrative Legal -'o ~,':,~:~ .. NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation ~ Consent Agenda [] Public Hearing r.~ [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Approval of an Ordinance mending Chapter 2, Administration, Article VIII, Education Advisory Board, Sec. 2-130 and 2-131. EXPLANATION: This proposed Ordinance amends Chapter 2, Section 2-I 30 of the Code of Ordinances to provide that four members of the Board shall constitute a quorum, and Sec. 2-131, providing that one regular member and any alternate members of the Board may be non-residents of the City, providing that the member has at least one child in public school located within .the geographical boundaries of the City. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: lq/A ~ Department Head's Signature City Manager's Signature City Attorney's Office ~/YI~/~,4.~ Department Name ~:'- City Atto~ ]]~inance / Human Resources SABU~RMS~AGENDA ITEM REQUE~ FORM.DOC 1 ORDINANCE NO. 04- 033 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 4 FLORIDA AMENDING CHAPTER 2. ADMINISTRATION, 5 ARTICLE V1]I. EDUCATION ADVISORY BOARD, 6 SECTION 2-130, "MEETINGS"; AND AMENDING 7 SECTION 2-131 "QUALIFICATIONS"; AND PROVIDING 8 FOR CONFLICTS, SEVERABIL1TY, CODIFICATION AND 9 AN EFFECTIVE DATE. l0 11 WHEREAS, the City Commission has determined that it is in the best interest of the 12 electors and residents of the City of Boynton Beach to amend the provisions of the Code of 13 Ordinances to provide that four members shall constitute a quorum on the Education 14 Advisory Board, and 15 WHEREAS, the Commission has also deemed it appropriate to also amend the 16 provisions of the Code of Ordinances, to reflect that one regular member and any alternate 17 members of the Education Advisory Board may be non-residents of the City, provided that 18 the member has at least one child in a public school located within the geographical 19 boundaries of the City; 20 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 21 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 22 Section 1. That Chapter 2. Administration, Article vm Education Advisory 23 Board, Section 2-130 is hereby amended by adding the words and figures in underlined type 24 and deleting the figures in struck-through type as follows: 25 26 Sec. 2-130. Meetings. 27 28 The Board shall meet regularly once a month, or more frequently if 29 necessary, for the transaction of business. Its meetings shall be open to the 30 public. The Board may establish its own rules and procedures for the conduct 31 of its business~ Four (4) members shall constitute a quorum. [ 32 Sec. 2-131. Qualification. 34 Section 2. That Chapter 2. Administration, Article VIII Education Advisory 35 Board, Section 2-131 is hereby amended by adding the words and figures in underlined type 1 and deleting the figures in struck-through type as follows: 2 3 Sec. 2-131. Qualifications. 4 5 The members of the elEducation aAdvisory bBoard shall be residents of the 6 eCity:, provided that one (1) regular member and any A-_alternate members of the 7 bBoard may be non-residents of the eCity: provided the member has at least one child 8 in a public school, which is located within the geographical boundaries of the c-~_ity. 9 10 Section 2. All ordinances or parts of ordinances in conflict herewith are hereby 11 repealed. 12 13 Section 3. Should any section or provision of this ordinance or any portion 14 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not 15 affect the remainder of this ordinance. 17 Section 4. Authority is hereby given to codify this Ordinance. 19 Section 5. This ordinance shall become effective immediately upon passage. 20 22 FIRST READING this q day of May, 2004. 23 24 SECOND, FINAL READING AND PASSAGE this __ day of May, 2004. 25 26 27 CITY OF BOYNTON BEACH, FLORIDA 28 29 30 Mayor 32 33 Vice Mayor 35 36 Commissioner 37 38 39 Commissioner 40 ATTEST: 42 Commissioner 43 City Clerk 44 4§ ca:Ord/AdiiffRev. Education Advisory Board 2 XII. - LEGAL CITY OF BOYNTON iTEM 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 6, 2004 March 15, 2004 (Noon.) [] June 1,2004 May 17, 2004 (Noon) [] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31,2004 (Noon) [] May 4, 2004 April 19, 2004 (Noon) [] July 6, 2004 June 14, 2004 (Noon) [] May 18, 2004 May 3, 2004 (Noon) [] July 20, 2004 July 5, 2004 (Noon) [] Administrative [] Legal c-~ NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation .-~ [] Consent Agenda [] Public Hearing cz~ ~_< [] Code compliance/Legal Settlements [] Unfinished Business ~" co--~ RECOMMENDATION: To amend the City's Land Development Regulations (LDR), Chapter 22 - Streets and~de~. 212 . EXPLANATION: The City Commission has previously adopted the LDR via Ordinance No. 095-02 on April 4, 1995, and revised numerous requirements of the LDR as they then existed, specific technical changes being via Ordinance No. 02-033 (dated August 20, 2002) and Ordinance No. 03-018 (dated June 3, 2003), which require certain approvals, determinations and directives associated with said technical services as issued by the city engineer. After further study of the LDR, the Public Works / Engineering Division needs to incorporate new permitting requirements for sidewalk and driveway connections within public fight-of-ways. Further, uniform addressing procedures have been developed which have been added to this Chapter to eliminate confusion in building addresses assigned to new facilities. PROGRAM IMPACT: Connections to public fight-of-ways with individual driveways, drainage, and sidewalks has been lacking in program procedures, alternatives in lieu of, or completion of "missing" links in and around public school access routes. FISCAL IMPACT: TBA ALTERNATIVES: The existing Chapter 22 of the LDR will continue to be deficient in those support services within the public fight-of-ways as they related to permitting and in-fill mechanisms. ~-[~~ Depa~nt~e~ature -- ~ ~ Manager's Signature Department Name / City Att~t~fley / Finance / Human Resources SSBULLET1N~ORMS~GENDA ITEM REQUEST FORM.DOC 1 ORDINANCE NO. O4- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 4 FLORIDA AMENDING LAND DEVELOPMENT 5 REGULATIONS, CHAPTER 22 "STREETS AND 6 SIDEWALKS", PROVIDING FOR NEW PERMITTING 7 REQUIREMENTS FOR SIDEWALK AND DRIVEWAY 8 CONNECTIONS WITHIN PUBLIC RIGHT-OF-WAYS; 9 PROVIDING FOR UNIFORM PROCEDURES TO 10 ELIMINATE CONFUSION IN BUILDING ADDRESSES; 11 PROVIDING FOR CONFLICTS, SEVERABILITY, 12 CODIFICATION AND AN EFFECTIVE DATE. 13 14 WHEREAS, the City Commission has previously adopted the LDR via Ordinance 15 No. 095-02 and revised numerous requirements of the LDR as they then existed, specific 16 technical changes being via Ordinance No. 02-033 and Ordinance No. 03-018; and 17 WHEREAS, after further study of the LDR, the Public Works/Engineering Division 18 has recommended incorporation of new permitting requirements for sidewalk and driveway 19 connections within public right-of-ways; 2o NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 21 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 22 Section 1. The foregoing whereas clause is true and correct and is now ratified and 23 confirmed by the City Commission. 24 Section 2. Chapter 22. "Streets and Sidewalks. of the Land Development 25 Regulations of the City of Boynton Beach Code of Ordinances is hereby amended by adding 26 the words and figures in underlined type, and by deleting the words and figures in struck- 27 through type, in the attached Exhibit "A". 28 Section 3. Each and every other provision of the Land Development Regulations 29 not herein specifically amended, shall remain in full force and effect as originally adopted. 30 Section 4. All laws and ordinances applying to the City of Boynton Beach in 31 conflict with any provisions of this ordinance are hereby repealed. 32 Section 5. Should any section or provision of this Ordinance or any portion 33 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not 34 affect the remainder of this Ordinance. 35 Section 6. Authority is hereby given to codify this Ordinance. 36 Section 7. This Ordinance shall become effective immediately. 37 FIRST READING this __ day of May, 2004. 38 SECOND, FINAL READING AND PASSAGE this __ day of S:\CA\Oxdinances~LDR ChangesLMndending LDR - Chapter 22 - Slxeets and Sidewalks.doc 1 May, 2004. 2 CITY OF BOYNTON BEACH, FLORIDA 3 4 5 Mayor 6 7 8 Vice Mayor 9 10 11 Commissioner 12 13 14 Commissioner 15 16 17 Commissioner 18 ATTEST: 19 2O 21 City Clerk 22 23 g:\CA\OrdinancesR.DR ChangesL4J~dending LDR - Chapter 22 - Streets and Sidewalks.doc EXHIBIT "A" LAND DEVELOPMENT REGULATIONS CODE OF ORDINANCES, PART III CHAPTER 22 STREETS AND SIDEWALKS ARTICLE I. IN GENERAL Sec. 1. Street designation system. All streets, avenues or other thoroughfares for vehicular traffic shall be designated in accordance with city standards. Such designation shall be vested in the director public works who shall also maintain the city's master !and roadway file and allocate secondary street designations at his or her discretion. Sec. 1.1 Street naming system. Street names shall be issued as per the request of the originator of the street (or roadway) except in the case of a section line, where roads will be given a route number in addition to the assigned name by as determined by either the Florida Department of Transportation or Palm Beach County, whichever has jurisdiction of the street (or roadway). Proposed streets which are on the same aliejunent with other existing named streets, shall bear the same name of the existing street. All street-names shall have a suffix and in no case, except as indicated in the preceding sentence, shall the name of the proposed street duplicate, or be phonetically similar to existing street names regardless of the use of the suffix - street, avenue, boulevard, drive, place, court, etc. A. Curvilinear streets shall be named on the same basis as other streets and shall carry_ the same name through their entire length. B. Streets crossing Ocean Avenue shall have north and south added to their names accordingly. C. Suffixes shall be limited in use as follows: North-South Direction East-West Direction Court Avenue Drive Boulevard Lane Place Page I of 16 CODING: Words in staqko-thr-ough type are deletions from existing law. Words in underscore type are additions. Parkway Road Street Way The suffixes 'Boulevard' and 'Parkway' shall be reserved for arterials and collectors. The suffix 'Circle' is an option for either direction, however, it should be used as the name implies, i.e., a curvilinear roadway. The use of 'Terrace' and 'Trace' shall be reserved for minor streets, cul-de-sacs, etc. Any other requested suffix shall be approved by the director of public works prior to its inclusion into any development. See. 1.2 Vanity street name changes. A. Standard street name changes shall conform to the standards and requirements for naming streets as set forth in the preceding section, and shall be permitted only under the following circumstances: 1. In response to a City Commission directive, or 2. To eliminate duplication or confusion in street names, or 3. To reduce confusion in addressing. B. Name changes which do not meet the criteria above are considered "vanity street names" for the purposes herein and are permitted only under the following limited circumstances: 1. The desired name will not create confusion; and 2. The desired name does not duplicate in whole or in substantial portion, the name of any existing street; and 3. All property owners abutting the road have signed a petition requesting the change and a completed application has been submitted to the Department of Public Works/Engineering Division; and 4. The established fee of $1,400.00 has been paid; and 5. The entire length of the street must be renamed; and 6. The City Commissioners have approved the request. Sec. 1.3 Street numbering/addressine. Lot or parcel addressing for individual tracts of land shall be designated in accordance with the city's Uniform Addressing Procedure policy. Such designation shall be vested in the director of public works or his designee, who shall also maintain the city's master roadway file. Page 2 of 16 CODING: Words in stdkeqtmmgh type are deletions from existing law. Words in underscore type are additions. The addressing number system currently in use within the corporate limits of the city shall be maintained. For those lots or parcels located in the neighboring local government (Palm Beach County) that are or will be annexed into the city will, if possible, be assigned in a manner that maintains: 1. A logical sequence of numbers along the street or roadway on which the property is located, and as established in that neighboring government, and 2. A consistent pattern of separation of even and odd numbers. The establishing of the exact number of a particular lot or parcel entails the dimensions of the lot in question, and its distance from the nearest land line or street as given in the legal description. If the lot is on an East-West (E-W) street, it will receive an E-W number (even numbers on the south side of the street and odd numbers on the north side). If the lot is one on a North-South (N-S) street, it will received a N-S number (even numbers on the east side of the street and odd numbers on the west side). Sec. 1.4 Vanity Street numbering/addressing. A. Street numbering and addressing for commercial and residential property, shall be based on the City's grid system as described. B. Requested addresses which do not adhere to the City's .grid system are considered "vanity addresses" for the purposes herein, are prohibited for residential uses and shall not be permitted for non-residential uses except under the following circumstances: 1. The entity requesting the "vanity address" is a prominent commercial entity and has a location which is widely recognized in the community; and 2. The requested number is not out of sequence with any existing numbers on the same street. (For example, the number 100 would not be permitted on a lot which is located between two existing lots with the addresses #500 and #550); and 3. Emergency Medical Services and the Post Office would be able to locate the property; and 4. An individual with the assistance of a generally distributed local street map would be able to locate the property without undue difficulty; and 5. The requested address does not duplicate an existing address on the same street; and 6. The requested address would, in no way, be injurious to or infringe upon the existing fights of any other commercial entity in the County; and Page 3 of 16 CODING: Words in s~&e '~zugh type are deletiop, s l~om existing law. Words in underscore type are additions. 7. The requestor has submitted an affidavit xvhich acknowledges that the requested address may result in delays in mail delivery and service provisions; and 8. The established fee has been paid and the requestor has submitted a complete application to the Department of Public Works/Engineering Division; and 9. The City Commissioners have approved the request and have made a finding that the address request is related to a City_ goal, such as economic development, which takes precedence over the goal of maintaining the city's grid system. Sec. 3. Minimum width of new or rebuilt streets. The minimum width of paving of all new or rebuilt streets shall be in accordance with ...... r ......... o ......... current city standards. Sec. 5. Certain construction activities~ Sidewalks, when required. Prior to the issuance of any certificate of occupancy/completion for any improvement exceeding 70% 50% of its current assessed property valuation, the owners of all undeveloped lots, platted or unplatted, and the owners of all plots not subject to platting, shall construct a sidewalk ~ within the right-of-way in conformance with Chapter 6, Article IV, Section 10.T of the Land Development Regulations. This requirement shall also apply when a change in occupancy as defined in the St~ndard Florida Building Code occurs and/or when any building is reconstructed in an amount, which exceeds sev~atS,-{-7~ fifty (50%) percent of its current assessed valuation. A. No person shall improve any parcel within the city, except for accessory buildings and reconstruction or remodeling of existing buildings in any single-family or two-family zoning district, without first obtaining a sidewalk permit from the city engineer. B. No person shall construct any building, except for accessory buildings and reconstruction or remodeling of existing buildings or additions to existing buildings which amount to less than twenty-five (25) percent of the gross floor area of such building, in any zoning district in the city other than single-family or two-family districts, without first obtaining a sidewalk permit from the city engineer. C. The permits required by paragraphs A & B above shall be issued if one of the following requirements are met: Page 4 of 16 CODING: Words ;,, ~*-~-~ ~- ..... ~- ......... ~,~ type are deletions from existing law. Words in underscore type are additions. 1. If any street abutting the property on which such construction is to occur is depicted on the map or schedule on file in the Public Works Department of the city as a street on which sidewalk construction is to be required, sidewalks shall be constructed along the entire street fi'ontage of such parcel; in the case of a comer lot, the sidewalk shall be constructed also along the access side. 2. If any street abutting the property on which such construction is to occur is not depicted on the map or schedule on file in the Public Works Department of the city as a street on which sidewalk construction is required, the property owner shall pay a fee equal to the cost to the city per square foot of construction of the sidewalk abutting the property, as such fee is determined annually by the director of public works. Such fees shall be utilized by the city for construction of sidewalks as provided in paragraph D hereof. D. The city shall establish four (4) accounts for sidewalk construction to be utilized only for construction of new sidewalks in the city. One (1) account shall be for construction of new sidewalks in the northwest quadrant (Commission District # 4) of the city;.one (!) account shall be for construction of new sidewalks in the northeast quadrant (Commission District # 2) of the city; one (1) account shall be for construction of new sidewalks in the southeast quadrant (Commission District # 3) of the city; and one (1) account shall be for construction of new sidewalks in the southwest quadrant (Commission District # 1). E. The director of public works shall prepare and update annually a map or schedule of streets or portions of streets of which construction of sidewalks is to be required. In addition, the director of public works shall administer the requirements of this ordinance and determine the streets or portions thereof on which sidewalk construction is to be required, pursuant to the City Commission policy with respect thereto. Such policy shall be on file in the office of the city clerk and, together with the annually revised map or schedule, shall also be on file for public inspection in the Public Works Department of the city. F. Any person aggrieved by any decision of the director of public works regarding construction of sidewalks abutting such person's property may appeal the decision within thirty (30) days of the date thereof to the Planning and Development Board (PDB), which shall hear and decide such appeal. Applications for such appeal shall be in writing, accompanied by a one- hundred ($100.00) dollar application fee. The PDB may either affirm the decision of the director of public works, or may reverse such decision. The procedure set forth in this paragraph shall constitute the only available remedy for any person aggrieved by any decision of the director of public works with respect to sidewalk construction. The determination of the PDB is final unless appealed to the City Commission, and shall be the final administrative decision of the city, from which any further appeals shall be to a court of competent jurisdiction. For those areas in the Community Redevelopment Agency (CRA) district, the appeal procedure shall follow the same format, substituting the CRA for the PDB where applicable in the previous para_m'aphs. Page 5 of 16 CODING: Words in em4ke4ht~h type are deletions ~om existing law. Words in underscore type are additions. A:. G_~. Waiver. Upon the recommendation of the city engineer, sidewalk requirements may be waived for an individual lot when adequate pedestrian circulation is provided by existing [ bicycle or pedestrian paths, or where sidewalk requirement would not be compatible or in harmony with adjacent/nearby properties previously developed without sidewalks. An application fee adopted by resolution of the City Commission shall accompany applications for waiver of this section. Sec. 6. Permits required for work affectiw, trees and shrubs. No person may plant, remove, destroy, prone, set out, break, cut, deface or in any way injure or interfere with any tree, shrub, or similar plant within the public right-of-way on any street or alley, or upon property_ owned or maintained by the city, without first obtaining a public right-of-way permit pursuant to this chapter. For certain types of protected trees or shrubs, refer to Chapter 7.5, Article I, Tree Preservation for the proper procedure in addressing such tree or shrub. See. 7. Vehicles crossing curbs and parkways. It shall be unlawful for any person to push, pull, drive or cause to be pushed, pulled or driven any wheeled or track-laying type vehicle, conveyance, machine, apparatus or equipment on, over or across, in whole or in part, any curb or pavement laying in or on any public street, except as provided in this section: A. Vehicles, as described herein, may be driven over pavement at driveways; and B. Vehicles, as described herein, may be driven over curbs and over pavement at other than driveways, provided that such curbs and pavement shall be adequately bridged and shored with suitable wooden or steel structures to protect such curbs and parkways. Sec. 8. Mailboxes on public rights-of-way. All mailboxes placed in city right-of-ways shall be in compliance with all federal guidelines. The city shall not be responsible for damage caused during street maintenance to mailboxes not in compliance with federal guidelines. Sec. 9. Depositing, storing, orocessim~ material in streets and roadways. It shall be unlawful for any person to deposit, process or produce any material, including but not limited to any recreational item in or on any street or roadway or to store thc same, either temporarily or permanently thereon; except, that building materials can be temporarily stored, processed or produced on streets or roadways if a permit has been obtained as provided in th~s chapter, and except that temporary storage of construction debris may be temporarily stored on streets or roadways in a container provided by a trash hauler for removal by such trash hauler, if a permit therefore has been obtained as provided in this chapter. Page 6 of 16 CODING: Words in ~ type are deletions from existing law. Words in underscore type are additions. Sec. 10. Removal of warnings prohibited. It shall be unlawful for any person to move, remove, damage, destroy or extinguish any barrier, warning light, sign or notice erected, placed or posted in accordance with thc provisions of this chapter, except upon permission of thc director of public works. ARTICLE II. CONSTRUCTION, REPAIR OR ALTERATION Sec. 1. Standards, permit required. All work performed in public or private rights-of-way shall conform with the current Department of Public Works, Engineering Division's Engineering Design Criteria Handbook and Construction Standards Handbc. c,k Manual. Except as provided herein, any person desiring to perform or have performed any of the acts covered by this chapter wherein a permit is required shall secure such a permit in accordance with the rules and regulations set forth herein. I See. 2. Access to streets and alle.~s; permit req.ired; improvements. No person shall construct any access to private property across any improved or unimproved right-of-wag within the city without first obtaining a permit to do so from the cit¥ engineer. This permit shall be issued if the following requirements are met: Page 7 of 16 CODING: Words in ~ type are deletions from existing law. Words in underscore type are additions. A. The access to the street will not create undue or unnecessary safety hazards; will not impede the safe and efficient flow of traffic, and will be constructed in compliance with applicable laws, ordinances and specifications of the city; B. If the street to which access is desired is not improved with asphalt pavement, storm sewers, and curb and gutters, it shall be improved in accordance with city specifications approved by the city engineer. 1. If the nearest paved portion of a street is improved with curbs and gutters, the owner of the property to be developed shall construct curbs and gutters along the side of any street to which access is sought for the length of the property. 2. Pavement shall be constructed in accordance with city standards, and shall consist of material similar or equivalent to the material used for the nearest paved portion of the street or streets as determined by the city engineer. The pavement shall be constructed along the side of the street or streets to which access is sought fi.om the boundaries of the subject property to the nearest paved portion of the street or streets. 3. Storm drainage shall be constructed along the street or streets to which ac.cess is sought along the length of the property and connect to the nearest existing storm drainage in that street or streets. If the nearest paved portion of the street or streets is improved with storm sewers, then storm sewers shall be installed. 4. Traffic signals shall be installed along the street or streets to which access is desired if the property is used for other than single-family residential uses, and if the traffic volume generated fi.om the development of the property meets the warrants established by the Florida Department of Transportation or Palm Beach County Traffic Engineering Division. C. No person shall construct any access to any alley within the city without first obtaining a permit to do so fi.om the city engineer. This permit shall be issued subject to the following conditions: 1. Pavement shall be constructed in accordance with city standards and to the width of any existing improved alley, or if none of the alley is improved, to the limits of the alley right-of-way, along the alley to which access is Sought, from the property boundaries to the nearest paved portion of the alley. 2. Adequate storm drainage shall be constructed so that storm water runoff fi.om the property fi.om which access to the alley is sought shall not cause damage to adjoining properties or erosion of the land. Such storm drainage shall be constructed in accordance with specifications as determined by the city engineer consistent with city standards as amended fi.om time to time, which shall assure that upstream and downstream drainage problems shall not result. Page 8 of 16 CODING: Words in sa4ke-through type are deletions flora existing law. Words in underscore type are additions. Sec. 3. Application~ Permit fees. Application for a permit under this chapter shall be made on such forms as shall be provided by the city engineer. No work shall commence until the city engineer or his designee has authorized issuance of a permit therefore and such permit has been issued. For permits issued under another chapter or any other permit which affects trees or shrubs, or will have an affect on trees or shrubs, in rights-of-way or on city owned property, the forestry section of the Department of Public Works, Forestry and Grounds Division shall review and approve the permit before the permit is issued. An application for a permit shall be accompanied by five (5) copies of the plans and specifications showing the work to be done, the time required to complete such work and the estimated cost thereof. When the permit is issued, one (1) copy of such plans and specifications shall be returned to the applicant and the others shall be distributed to applicable divisions of the city and one (1) shall be retained by the city engineer. An applicant for a permit shall agree to save the city, its officers, employees and agents harmless for any and all costs, damages, Ii.abilities and attorney's fees, which may accrue or be claimed to accrue by reason of any work performed under such permit. The acceptance of any permit under this chapter shall constitute such an agreement by the applicant. Fees for work within rights-of-way shall be as established by the City Commission from time to time by resolution. A separate fee is payable for each,~,,.,,,~' ~---,~-,,.---,";'~ ..... ~t~ ,~,,.,,~' ,~,-,,~"~ ,~-~,,~-,-.,a'" ........... ,~, o,-~, ,~ ~..~ ~+~.~a type f rk b p fo d .................. o wo to e er rme. Sec. 4. Permit issuance. The city engineer shall issue a permit hereunder when it is found: A. That the plans for the proposed operation have been approved by the City Commission or that they have been approved in accordance with Land Development Regulations. B. That the work will be done according to the standard specifications on the city for public work of like character. C. That the operation will not um-easonably interfere with the vehicular and pedestrian traffic, the demand and necessity for parking spaces, and the means of egress to and fi.om the property affected and adjacent properties. D. That the health, welfare and safety of the public will not be unreasonably impaired. E. Permits issued under authority of this chapter are nontransferable. Page 9 of 16 CODING: Words in ~ type are deletions from existing law. Words in underscore type are additions. F. A copy of the permit issued under this chapter and a copy of the approved plans and specifications shall be kept and displayed in a conspicuous location at all times while such work is in progress at the location of the work. Sec. 4.1. Insurance required for certain permits. Each applicant for a permit under Article I, Sections 5, 7 & 9, and Article II, Section 2 of this chapter shall furnish the city with a satisfactory certificate of insurance or a statement from the administrator of a self-insurance program showing the required coverages, and containing a limitation that the insurance coverages may not be revoked except after ten (10) days written notice delivered to the city. The applicant's insurance shall provide coverage against claims for personal injury_ as.well as against claims for property damage which may arise from or out of the performance of the work, whether such performance be by himself, his subcontractor or anyone directly or indirectly employed by him. Such insurance shall cover, inter alia, collapse, explosive hazards and underground work by equipment on the street, and shall include liability arising from completed operations. The amount of the liabili _ty insurance for personal injury shall be not less than five hundred thousand ($500,t2}00.) dollars per person, five hundred thousand ($500,000.) dollars per incident, and one hundred thousand ($100,000.) dollars for property damage. Sec. 4.2. Cash bond required for certain permits. With each application for a permit under Article I, Sections 5, 7 & 9~ and Article II, Section 2 of this chapter, an applicant shall furnish a surety to guarantee faithful performance of the work covered by the permit. The surety shall be in accordance with one of the approved forms in the EngineerinR Design Manual. The amount of thc cash bond shall be not less than that as established by thc City Commission from time to time by resolution. In lieu of a separate cash bond for each permit, an applicant anticipating more than one (I) permit application may furnish one cash bond in the amount of five thousand ($5,000.00) dollars to cover all permits. The applicant shall deposit the cash bond with the city clerk, and such bond so deposited shall be k_ept in a separate account and shall stand as security for the full and complete performance by the applicant of the work covered by such permit, subject to the following provisions: A. If any direct cost to the city of any loss, damage, work, claim or liability arises out of the breach by the applicant, or' any contractor or representative of the applicant, in the performance of the applicant's obligations in connection with thc work covered by such permit the applicant shall forfeit its bond. B. Upon certification by the ei_ty engineer of completion of the work covered by such permit, the balance of such cash bond shall be refunded by the city clerk to.the applicant upon request. Page 10 of 16 CODING: Words in ~e '~'.~,rc,-,:g~ type are deletions from existing law. Words in underscore type are additions. C. In the event that the city engineer shall determine that additional bond in excess of five thousand ($5,000.) dollars is required, the applicant shall furnish surety as noted in Section 6 below and prescribed in Chapter 7 of the Land Development Regulations in an amount equal to one hundred ten (110%) percent of the estimated value of the work. If a letter of credit is provided, it shall be dated on or before the date of the permit application and shall be for a term to expire one (1) year after receipt by the permittee of a certificate of final inspection. Sec. 4.3. Rights of the city not affected by ~ranting of permits. Every permit issued under this chapter shall be granted subject to the right of the city or of any other person entitled thereto to use the street for any purpose for which such street may lawfully be used, not inconsistent with the permit. Sec. 4.4. Work to be commenced within thirty days. Work for which .a permit has been issued shall commence within thirty (30) days after the issuance of the permit therefore or within such extension of period of time as determined by the city engineer upon good cause shown. If the work is not timely commenced, the permit shall automatically be terminated and the fee forfeited. Permits thus terminated may be renewed upon payment of an additional fee in the amount of the original fee. See. 4.5. Performance of additional work. No permittee under this chapter shall perform work in an amount or quantity greater than that specified in the permit except upon approval by the city engineer. Upon such approval, additional work may be done under the provisions of the permit an amount not greater than ten (10) percent of the amount specified by the permit. Any fee or bond posted in connection with the original permit shall be deemed to and must cover any such additional work as may be approved by the ci_ty engineer. See. 4.6. Expiration~ extension of time. Permits issued in accordance with the provisions of this chapter shall expire at the end of the period of time, which shall be set in the application for the permit. If the permittee shall be unable to complete the work within the time period, he shall, prior to' the expiration of the permit, present in writing to the city engineer a request for an extension of time, setting forth therein the reasons for the requested extension. If in the opinion of the city engineer such an extension is necessary and not contr~ to the public interest, he may grant the permittee additional time for completion of the work. A. All extensions of permit time shall be calculated at twenty-five (25%) percent of the original total permit fee and shall extend the life of the permit for an additional six (6) month period. Page 11 of 16 CODING: Words in s~z ~rc, ug~ type are deletions from existing law. Words in underscore type are additions. B. One hundred (100%) percent of a permit fee shall be added if work is started without a valid permit. C. No fees shall be refunded when a permit has lapsed after work is started. When a permit is revoked at the request of the permittee prior to lapsing due to time limits, and no work has been done, all but a basic fee of twenty-five ($25.) dollars to cover the cost incurred by the city engineer shall be refunded. Sec. 4.7. Default in performance~ revocation. Whenever the city engineer shall find that a default has occurred in the performance of any term or condition of a permit, written notice thereof shall be given to the permittee and to the commercial bank issuing a letter of credit, if any. Such notice shall state the work to be done, the estimated cost thereof, and the period of time deemed by the city engineer to be necessary_ for the completion of such work. After receipt of such notice, the permittee or the commercial bank shall within the time specified either cause the required work to be performed, or failing therein. If the required work is not performed within the specified time, the cash bond or letter of credit shall be utilized to reimburse the city for the cost of doing the work set forth in the notice. The city engineer may revoke any permit after prior written notice to the permittee for: A. Violation of any provision of this chapter. B. Violation of any other applicable provision of this Code or any other ordinance or law relating to the work. C. Existence of any condition or the doing of any act constituting or creating a nuisance or endangering the lives or property of others. Written notice of any such violation shall be served upon the permittee or his agent engaged in the work. The notice shall contain a brief statement for the reason of the contemplated revocation of the permit. Notice shall be given either by personal delivery thereof to the person to be notified, by facsimile, or certified or registered United Stated mail addressed to the person to be notified, or by telegram addressed to the person to be notified. Such notice shall state the period of time which the permittee is being granted to correct the violation and to proceed with diligent prosecution of the work, which time shall be no Iess than twenty-four (24) hours. Sec. 4.8. Restoration of street by ci .ty. When any permit has been revoked and the work authorized by the permit has not been completed, the city may do such work as is necessary to restore the street or alley to a condition acceptable to the city. All expenses incurred by the city for such restoration shall be paid for by the permittee and may be removed fi.om the cash bond or letter of credit that the permittee has filed with the city, and the bond or letter of credit shall so provide. Page 12 of 16 CODING: Words~.i,, ~4~.~v '~ v~e~.~ type are deletions from existing law. Words in underscore type are additions. Sec. 4.9. Abandoned facilities. Whenever any facilities existing in the streets or alleys of the city have been abandoned by the owners, the owner of such facilities shall be notified of the requirement to remove them, and if the owners shall fail to so remove them, the city may remove them and the owners shall reimburse the city for the cost thereof. Notice of the city's order to remove abandoned facilities may be given either by personal delivery_ thereof to the person to be notified, or by certified or registered United States mail addressed to the person to be notified. For purposes of this section, abandoned facilities shall be defined to be facilities, which have not been utilized by the owner or any other person for a period of at least six (6) months, or facilities, which are no longer necessary or useful because they have been replaced in some other location on the property. Sec. 8. Temporary permit. The city engineer may .grant a temporary verbal approval for a permit to any agent (who is not a regular employee) of the city including the Utilities Department, in any street, alley, roadway or public land when such excavation is necessitated by an emergency. Such temporary approval shall be followed within forty-eight (48) hours by a formal application for a permit as regularly required under the terms of this chapter. ARTICLE IlL IV. STREET AND EASEMENT ABANDONMENT ARTICLE IlL STREET OPENINGS Sec. 1. Permit required; compliance with chapter. Any person desiring to plow, dig. scraoe or in any way make or have made any hole, pit, ditch or excavation in or upon any street, alley, roadway or public land shall proceed with such work only after obtaining a permit therefore and in compliance with all regulations contained in or promulgated under this chapter including the city's Department of Public Works, Engineering Division's Design Criteria and Standards Handbook. Sec. 2. Notice to adioinina oroperty owners of orooosed work. If the work to be undertaken by a permittee under this article is such that it will affect the use of properties abutting or adjoining the place where the work covered by the permit is to be done, the city engineer shall require the permittee to submit a list of the names and addresses of the affected property owners and tenants, and the permittee shall notify the affected property owners and tenants of the proposed work. If the work to be undertaken by the permittee will Page 13 of 16 CODING: Words in sa4ke-lhr-ough type are deletions from existing law. Words in underscore type are additions. affect other subsurface installations in the vicinity of the proposed opening, the permittee shall also notify the owners of such facilities of the proposed work. Sec. 3. Removal of debris~ rubbish~ etc.~ from work area~ protection of persons and oropert3,. It shall be the duty of every person making any improvement in or upon any street, alley, roadway or public land to promptly remove therefrom all rubbish, debris or material not immediately required for such improvement. In addition thereto, such person shall protect the place so improved or being improved, together with all material, articles or property used in connection therewith or taken therefrom, in a manner which the city shall direct and in such a way as to prevent injury or damage to persons or property. Every such person making any such improvements or part thereof shall be liable for all damages or injuries sustained on public property. Sec. 4. Requirements for work in streets~ etc. All work in streets, alleys, roadways and public lands shall be subiect to the following restrictions: A. No opening or excavation in any street shall extend beyond the centerline of the street before being backfilled and the surface of the street temporarily restored. B. No more than two hundred fifty (250) feet measured longitudinally shall be opened in any street at any one time. C. All underground pipes, tiles, cables, etc., shall be located sufficiently ahead of trench excavation work to avoid damage to those facilities and to permit relocation if necessary. D. Pipes, drains, tiles, culverts or other underground facilities encountered shall be protected as directed by the city engineer. E. Monuments, benchmarks, or datum points of concrete, iron or other lasting material set for the purpose of locating or preserving the lines of any street or property subdivision, or precise survey reference point within the city, shall not be removed or disturbed unless permission so to do is first obtained in writing fi.om the proper government authority. Permission may be granted only upon conditions that the permittee shall pay all expenses incident to the proper replacement thereof, including the cost of a survey. F. When work performed by the permittee interferes with the established drainage system of any street or natural water way, provision shall be made by the permittee for adequate temporary drainage to the satisfaction of the city engineer and consistent with the provisions of this Code. Page 14 of 16 CODING: Words in s~e '~'.~re,'c.g,~. type are deletions from existing law. Words in underscore type are additions. G. When any earth, gravel or other excavated material is caused to roll or flow or is washed or otherwise deposited on any step and/or sidewalk, the permittee shall cause the same to be removed from the street or sidewalk before the end of the working day. In the event the earth, gravel or other excavated material so deposited is not so removed, the ci_ty engineer shall cause such removal and the cost incurred thereby shall be paid by the permittee. Failure on the part of the permittee to make immediate payment of such cost upon demand shall be cause for revoking such permit. H. Every permittee shall place around the excavation or project such barriers, barricades, lights, warning flags and danger signs as shall be determined by the city engineer to be necessary for the protection of the public. Additional safety requirements may be prescribed by the city engineer where deemed necessary by him to protect adjacent private or public property. Whenever any person fails to provide or maintain the safety devices required by the city engineer, such devices might be installed and maintained by the city. The amount of the cost thus incurred shall be pai.d by the permittee. I. When any work is performed on city streets, the permittee must comply with the traffic control procedures established by the Department of Public Works and the Manual on Uniform Traffic Control Devices. In the event proper traffic control is lacking or deficient, and is not corrected within one (1) hour upon notice, the city engineer may stop work and revoke the permit. J. Access to private driveways and alley shall be provided except during working hours when construction operations prohibit such access. Free access shall be provided at all time to fire hydrants. K. Excavated materials shall be laid compactly along the .side of the trench or removed immediately from the site at the discretion of the city engineer. Excavated material when piled alongside the excavation shall be kept trimmed so as to cause a minimum inconvenience to public travel. In order to expedite the flow of traffic or to abate a dirt or dust nuisance, the city engineer may require the permittee to provide and use toe boards or bins. If the excavated area or storage area is muddy or causes inconvenience to pedestrians, temporary wooden plank walks shall be installed by the permittee as directed by the ci. ty engineer. If the street is not wide enough to hold the excavated material without using part of the adjacent sidewalk, the permittee shall keep open a passageway at least one-half (~) of the sidewalk width along such sidewalk. L. Work authorized by a permit shall be performed between the hours of 7:00 a.m. and 7:00 p.m., Monday through Saturday, unless the permittee obtains written consent from the inspection officer to do the work at other times. Such permission shall be granted only: 1) in case of emergency as determined by the city engineer; 2) where safety and traffic control measures in accordance with city and FDOT standards are not feasible during these hours as determined by the city engineer; 3) if the construction area is not within five hundred (500) feet of any single, or multi-family dwelling as determined by .the city engineer; 4) or for city work or activities where the City Manager determines that extended hours of work are necessary to Page 15 of 16 CODING: Words in stiqke-lhrough type are deletions from existing law. Words in underscore type are additions. complete the work in a timely fashion and to protect the public health, welfare and said feasibility of safety or traffic control measures. Any permit granted under this section may include other conditions on the permittee's ability to work after 7:00 p.m. No such work will be permitted on Sunday unless authorized by the Ci_ty Manager as necessary_ and convenient for the public health, welfare and safety. Sec. 5. Backfilling and restoring of openings. All backfilling and restoring of openings made in any street,, alley, roadway or public lands shall be performed in accordance with the latest ci_ty standards and specifications. \XJGCDE_FS~LIBRARY~I990\900182.BB\ORD',Slxeets Sdwk Ord Chgs (4-16-04).doc Page 16 of 16 CODING: Words in :~e '~'~rz'ag~ type are deletions from existing law. Words in underscore type are additions.