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Agenda 11-16-04 · - The City of Boynton Beach ¡~'J' ; .,' " ; . f ,~' ,.. ~~·~·,c-,,;""<"" ",,_,,_> ",ûA}- 0".- ",x _,,'_~ -_-~:;;..? ~ ;;ä 100 E. Boynton Beach Boulevard. (561) 742-6000 City Commission AGENDA NOVEMBER 16, 2004 Jerry Taylor Mayor At Large Bob Ensler Commissioner District I Mack McCray Commissioner District II Mike Ferguson Vice Mayor District III Carl McKoy Commissioner District IV Kurt Bressner City Manager www.boynton-beach.org We're Reinventing City Living for the Millennium OITY OF BOYN"TON BEAOH REGULAR CITY COMMISSION MEETING AGENDA November 16, 2004 6:30 P.M. I. OPENINGS: A. Call to Order - Mayor Jerry Taylor B. Invocation - Reverend Dr. Marshall Cook, Boynton Beach Congregational Church C. Pledge of Allegiance to the Flag led by Mayor Jerry Taylor · Selection of Vice Mayor per Section 2-1.2 of City Code · Administration of Oath of Office to Vice Mayor · Presentation of Plaques to Commissioners D. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption II. OTHER: A. Informational Items by Members of the City Commission III. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS, & PRESENTATIONS: A. Announcements: 1. The Regular City Commission Meeting of December 21, 2004 has been cancelled B. Community and Special Events: 1. Oceanfront Concert Series, Friday, Nov. 19, 2004 from 7:00-10:00 P.M., Oceanfront Park, featuring EI Grupo Prisma (Latin/Salsa) 2. A Season of Peace holiday tree lighting ceremony, Saturday, November 20, 2004 from 5:00-8:00 P.M., Ocean Ave. at Schoolhouse Children's Museum 3. 34th Annual Holiday Parade, Sunday, December 5, 2004 at 3:00 P.M., Federal Hwy. southbound between Ocean Ave. & SE 12th Ave. 1 Agenda Regular City Commission Meeting Boynton Beach, Florida November 16, 2004 C. Presentations: 1. Proclamations: None 2. Accept the presentation from Kimley-Horn and Associates, Inc. regarding the Wilson Project Master Plan IV. PUBLIC AUDIENCE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3-MINUTE PRESENTATIONS (at the discretion of the Chair, this 3-minute allowance may need to be adjusted depending on the level of business coming before the City Commission> V. ADMINISTRATIVE: A. Accept resignation of Raymond A. Marcinkoski, Regular member of the Arts Commission B. Appointments to be made: IV McKoy Arts Commission Reg 3 yr term to 4/05 IV McKoy Bldg. Bd of Adj & Appeals Reg 3 yr term to 4/07 Mayor Taylor Bldg. Bd of Adj & Appeals Reg 3 yr term to 4/07 I Ensler Bldg. Bd of Adj & Appeals Alt 1 yr term to 4/05 II McCray Bldg. Bd of Adj & Appeals Alt 1 yr term to 4/05 I Ensler Cemetery Board Alt 1 yr term to 4/05 (Tabled 3) Mayor Taylor Code Compliance Board Alt 1 yr term to 4/05 (Tabled 3) I Ensler Code Compliance Board Alt 1 yr term to 4/05 Mayor Taylor Education Advisory Board Alt 1 yr term to 4/05 (Tabled 3) II McCray Education Advisory Board Stu 1 yr term to 4/05 (Tabled 2) II McCray Planning & Development Bd. Aft 1 yr term to 4/05 VI. 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. 2 Agenda Regular City Commission Meeting Boynton Beach, Florida November 16, 2004 A. Minutes: 1. Agenda Preview Conference - October 29, 2004 2. Regular City Commission Meeting - November 3,2004 B. Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2004 Adopted Budget 1. Award Bid #097-271O-04/JA for "TWO-YEAR CONTRACT FOR THE PRINTING OF FUNFARE MAGAZINE" to Lake Worth Herald Press, Inc., in the amount of $16,128.00 2. Award Bid #092-2821-04/JA for "ANNUAL SUPPLY OF SULFURIC ACID" to Shrieve Chemical Company of Tampa, Florida, for an estimated expenditure of $120,000.00 C. Resolutions: 1. Proposed Resolution No. R04-195 Re: Authorizing the execution of Disaster Relief Funding Agreements for Federal and State assistance for Hurricanes Charley, Frances and Jeanne between the City of Boynton Beach and the Florida Department of Community Affairs 2. Proposed Resolution No. R04-196 Re: Ratifying the action of the South Central Regional Wastewater Treatment and Disposal Board at their meeting on October 21, 2004 as follows: a. Authorization to enter in to a task order with Hazen & Sawyer in the amount of $441,020 for design, permitting and bid documents from capital funds for expansion of the reuse facilities (cost to be split 50/50 between Boynton Beach and Delray Beach) 3. Proposed Resolution No. R04-197 Re: Authorizing the execution of the First Addendum to the Interlocal Agreement between City of Boynton Beach and the Town of Lantana for Water Main Interconnection 4. Proposed Resolution No. R04-198 Re: Authorizing the execution of an Agreement for Water Service Outside the City Umits with Pablo and Sanorino Moyado for the property at 7879 Terrace Rd., Hypoluxo, Florida (Tropical Terrace L T 89) 5. Proposed Resolution No. R04-199 Re: Authorizing the execution of an Agreement between Florida Communities Trust (FCT) and the City of Boynton Beach to provide partial' reimbursement for the acquisition of the Jaycee Park property from Florida Inland Navigation District (F.I.N.D.) 3 Agenda Regular City Commission Meeting Boynton Beach, Florida November 16, 2004 6. Proposed Resolution No. R04-200 Re: Approving a consulting contract with Architects Design Group, Inc. in an amount not to exceed $9,735 for the purpose of determining the appropriate repair and reconfiguration of the West Wing of City Hall as a result of water damage from Hurricane Frances 7. Proposed Resolution No. R04-201 Re: Amending the 2004-05 Community Development Block Grant (CDBG) Program to provide interim relocation assistance to affected residents of Boynton Terrace Apartments along with ratification of emergency action by City Manager D. Ratification of Planning & Development Board Action: None E. Ratification of CRA Action: 1. Edward Medical Office (NWSP 04-012) - 3908 North Federal Highway - Request for a new site plan approval for an 11,796 square foot medical office building in the C- 3 zoning district 2. Barr Property (NWSP 04-013) - 1801 NE 4th Street - THIS ITEM HAS BEEN MOVED TO VIIL PUBLIC HEARING ITEM A.3 F. Accept the written report to Commission of purchases over $10,000 for the months of July, August, September and October 2004 for informational purposes G. Approve payment in the amount of $62,355 for emergency hurricane services provided by Southern Waste Systems H. Approve the "SURPLUS DONATION OF MEDICAL EQUIPMENT" to a nonprofit charitable organization that solicits and ships obsolete and surplus medical equipment for use in Peru VII. CODE COMPLIANCE & LEGAL SETTLEMENTS: A. Accept and pay court ordered mediated settlement in the amount of $22,000 in the case Michael Chenoy v. Troy Raines & City of Boynton Beach 4 Agenda Regular City Commission Meeting Boynton Beach, Florida November 16, 2004 VIII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS THE CITY COMMISSION WIll CONSIDER A MOTION TO TABLE THE FOllOWING PUBUC HEARING ITEMS UNTIL JANUARY 18, 2005 A Project: Barr Property (LUAR 04-009) Agent: John Barr, Cornerstone Premier Communities Owner: BMVFL-1, Inc. Location: 1801 NE 4th Street 1. Description: Request to amend the Comprehensive Plan Future Land Use Map from High Density Residential to Special High Density Residential (1ST READING OF PROPOSED ORDINANCE NO. 04-090) 2. Request to rezone from R-3 Multi-family Residential to Planned Unit Development (PUD) (1ST READING OF PROPOSED ORDINANCE NO. 04-091) Proposed use: Townhouse community of 180 units 3. Barr Property (NWSP 04-013) - 1801 NE 4th Street -Request new site plan approval for a 180-unit town home development on a 9.88 acre parcel in a proposed PUD zoning district IX. CITY MANAGER'S REPORT: None x. FUTURE AGENDA ITEMS: A. Workshop regarding City Hall/Public Safety Space Needs Report (TBA) B. Proposed Lease Agreement with Boynton Woman's Club (TBA) C. Management of Colors along Congress Avenue, Federal Highway, Gateway Boulevard and Boynton Beach Boulevard (TABLED ON 8/3/04 based on review by Planning & Development Board and CRA) D. Annual Review of City Manager's Performance (December 7, 2004) E. Presentation of Florida League of Cities Position on Annexation (December 7, 2004) F. Review of 2004 Hurricane Season (January 2005) G. Revamp of CDBG Allocation Process (January 2005) 5 Agenda Regular City Commission Meeting Boynton Beach, Florida November 16, 2004 H. City Commission District Boundary Review (January 18, 2005) 1. Annexation of Enclaves (TBA) XI. NEW BUSINESS: A. Discussion of Suspended Animation, Inc. (proposed use for zoning verification) (TABLED ON NOVEMBER ~ 2004) B. Review of Possible Changes to Compensation for the City Commission XII. LEGAL: A. Ordinances - 2nd Reading - PUBLIC HEARING None B. Ordinances - 1st Reading 1. Proposed Ordinance No. 04-092 Re: Amending Section 108 of the Boynton Beach Administrative Amendments to the 2001 Florida Building Code providing for public hearings before the Building Board of Adjustment & Appeals regarding complaints against contractors for fraud or willful disregard of the building codes C. Resolutions: None D. Other: None XIII. UNFINISHED BUSINESS: None 6 Agenda Regular City Commission Meeting Boynton Beach, Florida November 16, 2004 IV. ADJOURNMENT: NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, 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 WHIGi THE APPEAL IS TO BE BASED. (F.S. 286.0105) THE CITY SHAlL FURNISH APPROPRIATE AUXIUARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEffiS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PlEASE CONTACT JOYCE COSTEllO, (561) 742-6013 AT lEASfTWENlY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABlY ACCOMMODATE YOUR REQUEST. FINAL AGENDA - 11/12/2004 11:07 AM S:\CC\WP\CCAGENDA\AGENDAS\YEAR 2004\111604.DOC 7 III.-ANNOUNCEMENTS & PRESENTATIONS Item C.2 CITY OF BOYNTON BEACH 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 D August 3, 2004 (Noon,) July 19,2004 D October 5, 2004 (Noon) September 20, 2004 D August 17, 2004 (Noon) August 2, 2004 D October 19, 2004 (Noon) October 4,2004 D September 7, 2004 (Noon) August 16, 2004 D November 3, 2004 (Noon) October 18, 2004 D September 21, 2004 (Noon) September 7,2004 [g November 16, 2004 (Noon) November 1,2004 .. , D Administrative D Development Plans ("}-1 :::::-< D Consent Agenda D New Business ~'~ '-·<.CJ NATURE OF C) ___ -'1 AGENDA ITEM --j :~ ) D Public Hearing D Legal -rJ r---.1 -¡C) D Bids D Unfmished Business ---- --~,- < ~ =-=:: D [g Presentation -> ..... -,~ --I Announcement ..... ..:...:> .---" -~ D --- ',.) ...,,- City Manager's Report -~-- ~-_:1~~ .. _¡---('1 --- (-:: -þ c~ í:~{~·; RECOMMENDATION: Accept the presentation from Kimley-Horn and Associates, Inc. (Kim ley-Horn) regarding the Wilson Project Master Plan. EXPLANATION: At the March 16,2004 Commission Meeting, Task Order #R04-10-001 was approved and authorized Kimley-Horn to provide schematic design phase services for the Wilson Project. The project has now evolved from the initial conceptual plans to a more focused master plan and proposed site plan. The purpose of the presentation will be to allow representatives from Kimley-Horn to review the proposed layout of the project, and to outline the estimated costs of the desired elements, including fees and contingencies. It is projected that construction will begin in September 2005, which would allow summer camp programs at Wilson Center to be unaffected. PROGRAM IMP ACT: The master plan features a new 12,000 sq. ft. recreation center, improvements to the pool and playground, and multi-purpose green space that can be use for picnicking, ball games, and various other recreational activities. 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MARCINKO SKI 1065 RIDGE ROAD OCT 27 PJ'J Q. ~Q ¡! .,;- ,-;0 LANTANA, FL 33462 Debby Coles-Dobay, Chairperson Arts Commission Board 129 East Ocean A venue Boynton Beach, Floirda Dear Ms Coles-Dobay, Ptease accept my resignation from the Art Commission, due to circumstances that require my attention to personal and business matters. I sincerely wish you continued success in all future projects and will continue to support the efforts of the Art Commission even though I can no longer be actively involved in the decisison making process. Respectfully submitted, tit ~~ Raymond A. Marcinkoski VI.-CONSENT AGENDA ITEM B.1 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Fina] Fonn Must be Turned Requested City Commission Date Fina] Fonn Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office D August 3, 2004 (Noon.) Ju]y ] 9, 2004 D October 5, 2004 (Noon) September 20, 2004 D August ]7,2004 (Noon) August 2, 2004 D October] 9, 2004 (Noon) October 4, 2004 D September 7, 2004 (Noon) August ] 6, 2004 D November 3, 2004 (Noon) October] 8, 2004 D September 2], 2004 (Noon) September 7,2004 [8J November] 6, 2004 (Noon) November], 2004 D Administrative D Development Plans NATURE OF [8J Consent Agenda D New Business AGENDA ITEM D Public Hearing 0 Legal 0 Bids 0 Unfinished Business D Announcement 0 Presentation D City Manager's Report RECOMMENDATION: A motion to award" TWO - YEAR CONTRACT FOR THE PRINTING OF FUNFARE MAGAZINE", BID# 097-2710-04/JA, to Lake Worth Herald Press, Inc. in the amount of $16,128.00. EXPLANATION: On October 05, 2004, Procurement Services received and opened eight (8) proposals for the above mentioned bid. After careful review and evaluation by the Recreation Department, it has been determined that a recommendation to award this bid to the lowest, most responsive, responsible bidder: Lake Worth Herald Press, Inc. of Lake Worth, Florida, who meets all specifications. Ginny Shea, Marketing Manager concurs with this recommendation (see attached memo #04-117). PROGRAM IMP ACT: The purpose of this bid was to seek proposals from Printing Companies to provide a two (2) year contract for a booklet printed in a magazine format using a 4-color process for the cover and newsprint for the inside pages. FISCAL IMPACT: BUDGET ACCOUNT NUMBER: BUDGETED AMOUNT: 172-2712-572-47.10 ~ ~~ A slstant to the Fmance Drrector ~ Procurement Services Department Name City Attorney / Finance / Human Resources S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC RECEIVED OCT 1 9 2004 MEMORANDUM #04-117 PROCUREMENT SERVICES ? ~ TJVYfD TO: Mary Munro, Assistant to the Finance Director VIA: Wally Majors, Recreation Department Director jI1vrl FROM: Virginia H. Shea, Senior Recreation Manag DATE: October 14, 2004 SUBJECT: Two-Year Contract for the Printing of Funfare! Magazine The bids for the new two-year contract for the printing of Funtàre! Magazine were received on October 5, 2004. The bid received fTom the Lake Worth Herald Press was the lowest bid that met all of the bid specifications, with a total annual cost $16,128.00. The Recreation and Parks Department has $18,000.00 available in account number 172-2712- 572-47.10. 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'< III _ 0 !:!: 3· ::1: g CD !!¡ - . U> "" Q) c CD 01 VI.-CONSENT AGENDA ITEM 8.2 CITY OF BOYNTON BEACH 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 o August 3, 2004 (Noon.) July 19,2004 o October S, 2004 (Noon) September 20, 2004 o August 17, 2004 (Noon) August 2, 2004 o October 19, 2004 (Noon) October 4,2004 o September 7, 2004 (Noon) August 16,2004 o November 3, 2004 (Noon) October 18,2004 o September 21 , 2004 (Noon) September 7, 2004 I2J November 16, 2004 (Noon) November 1, 2004 0 Administrative 0 Development Plans NATURE OF I2J Consent Agenda 0 New Business AGENDA ITEM 0 Public Hearing 0 Legal 0 Bids 0 UnfInished Business 0 Announcement 0 Presentation 0 City Manager's Report L RECOMMENDATION: A motion to award the "ANNUAL SUPPLY OF SUFURlC ACID", Bid# 092-2821-04/JA, to Shrieve Chemical Company, of Tampa Florida, for an estimated expenditure of $120,000.00 EXPLANATION: On September 22, 2004, Procurement Services opened and tabulated four (4) bids. All bids were reviewed by the Utilities Department and it was determined that Shreive Chemical Company of Tampa, Florida, was the lowest, most responsive, responsible bidder for reconunended award. Nem Gomez, Interim Director of Utilities, concurs with this reconunendation (see attached memo# 04-100) PROGRAM IMP ACT: The purpose of this bid is to obtain a firm price for a one (1) year period for the purchase of sulfuric acid. The West Water Treatment plant uses 98% sulfuric acid to lower pH of the feed water to prevent calcium carbonate(CaC03) from precipitating onto the membrane surface during the water treatment process. The West Water Treatment plant anticipates using 3,945,285 pounds per one (1) year period. FISCAL IMPACT: BUDGET ACCOUNT NUMBER: BUDGETED AMOUNT: 401-2811-536-52-35 $120,000.00 ~~ ~ SSlstant to the Fmance DIrector Diy M""'ge<', S¡"""J Procurement Services u)~~, Department Name City Attorney / inance uman Resources S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC .. 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Date: October 6,2004 Subject: Purchase of Sulfuric Acid Bid # 092-2821-04/JA Agenda Item Ninety eight percent (98%) sulfuric acid is used at the West Water Treatment Plant to lower the ph of the feed water to prevent calcium carbonate (CaC03) from precipitating onto the membrane surface during the treatment process. The current bid with Sulfuric Acid Trading Company (SA TCO) for the purchase of sulfuric acid, has expired and they will not extend it. We received four bids on September 22nd, 2004 for bid number 092-2821-04/JA. Shrieve Chemical Company had the lower bid price of$0.031 per pound. We recommend awarding the bid to purchase sulfuric acid for $120,000 from Shrieve Chemical Company. We anticipate using 3,945,285 pounds per year. Please place this item on the next City Commission agenda to approve the bid for Shrieve Chemical Company for the 2004-2005 Budget Year. These funds will be available in account number 401-2811-536-52-35. If you have any questions, please contact David Ai1stock at 742-6453. Attachment NMG/me ( Copy: Dale S. Sugennan, Assistant City Manager Barbara Conboy Dave Ailstock File I: \echevarriam lailstock. doc ._.~- ¡...... .. ~..... "._-~.--~--- >-- --~--~--~---~-~---- ~. __. '. ____o~._~._~~_o.___~_*"-__ BIDDER ACKNOWLEDGEMENT Submit Bids To: PROCUREMENT SERVICES 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone: (561) 742-6322 Broadcast Date (City): August 11,2004 Bid Title: ANNUAL SUPPLY OF SULFURIC ACID Bid Number: 092-2821-04/JA Bid Received By: SEPTEMBER 22, 2004 NO LATER THAN 2:30 P.M. (LOCAL- TIME) Bids will be opened in Procurement Services unless specified otherwise. Bid receiving date and time is scheduled for: September 22, 2004, no later than 2:30 P.M. (local time) and may not be withdrawn within ninety (90) days after such date and time. All awards made as a result of this bid shall conform to applicable sections of the charter and codes of the City. Name of Vendor: SHRIEVE CHEMCIAL COMPANY Federal I.D. Number: 74-1994881 A Corporation of the State of: 'l'F.XA~ Area Code: 281 Telephone Number: 367-4226 Mailing Address: 17')') WOODSTEAD COURT City/State/Zip: THE WOODLANDS, TX 77380 Vendor Mailing Date: 9/17/04 AU¿~ ~ TRACY SHRIEVE Name Typed 14 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL SPECIFICATIONS FOR ANNUAL SUPPLY OF SULFURIC ACID The City of Boynton Beach Utilities Department is seeking a finn price per pound for one (l) year for the purchase of Sulfuric Acid to be used at the West Water Treatment Plant, located at: 5469 W. Boynton Beach Boulevard, Boynton Beach, Florida. Please place an (x) on the blank line next to each item if a specification is met. If exception is taken (alternatives), bidder must explain using a separate sheet of paper. Bidder must submit specifications "check-off' sheets (Pages 3-4) with the proposal sheet in order for a bid to be considered. For your own records, it is suggested that you make and keep a copy of the Specifications. ------X- Acceptable Standard: 98% Grade Sulfuric Acid -L Sulfuric Acid will be shipped as Liquid Sulfuric Acid --X- Delivery will be a twenty-three (23) ton minimum load (3,000 gallons). ~ Total Anticipated Annual Volume (not guaranteed) is 4,000,000 lbs. (260,586 gallons). ~ The bidder must submit a certificate of compliance and a certified analysis, as to the composition of the product with the bid. ~ The successful bidder's shipper is responsible for matching our receiving tank equipment with the proper tank truck discharge system. ~ The successful bidder must supply M.S.D.S. (Material Safety Data Sheets) on the product and conduct a one (l) hour safety seminar on site for staff who will handle this material. ~ The successful bidder will provide a representative to visit the plant a minimum of two (2) times per year to coordinate shipping, safety, unloading, and to inspect the results of the product on the feed system. ~ The successful bidder will supply copies of the manufacturer's shipping and handling safety procedures. ~ Deliveries will be between the business hours of 7:00 A.M. and 3:00 P.M., Monday through Friday with the exception of holidays. F.O.B. Boynton Beach, Florida. 3 THIS PAGE TO BE SUBMITTED ALONG WIm PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE .~,..,...~...-~;- -.....----<~-~, ~.=--_........~-~-_._""',..--,--,~~....."""--"--'"--- -----~....-.._-----~~-_. _.-. ---X- The City's Laboratory may randomly sample product delivery and if material does not meet specification(s), the product will be rejected and may be returned to manufacturer at no cost to the City of Boynton Beach. X Sulfuric Acid (Liquid) 98% Grade Specifications, as specified in chart below: SULFURIC ACID 98% GRADE SPECIFICA nON SPECIFIC GRAVITY @ 600 F 1.835 FREEZING POINT -290 F ARSENIC (As) <0.02 PPM AMMONIA <0.01 PPM ANTIMONY (Bb) <0.5 PPM BARIUM (Ba) <0.4 PPM CADIUM (Cd) <.025 PPM CHROMIUM (Cr) <.33 PPM CHLORIDE <0.2 PPM COPPER (Cu) <0.06 PPM HARDNESS AS CaC03 <5 PPM IRON (Fe) < 18 PPM LEAD (Pb) <0.2 PPM MANGANESE (Mn) <0.2 PPM MERCURY (Hg) <0.002 PPM NICKEL (Nl) <0.18 PPM NITRATES <5PPM SELENIUM (Se) <0.01 PPM SILVER (Ag) <0.05 PPM 4 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE PROPOSAL BLANK BID PROPOSAL TO THE CITY OF BOYNTON BEACH, FLORIDA To All Bidders: Date: SEPTEMBER 17. 2004 The undersigned declares that he has carefully examined the specifications and is thoroughly familiar with its provisions and with the quality, type and grade of product/service called for. When submitting more than one bid proposal price for this product, indicate how many individual and/or combination item(s) are to be tabulated and considered. Attach a separate proposal sheet for each. Anticipated annual volume is 4,000,000 pounds per year. Product Brand: Sulfuric Acid - 98% Grade - Liquid The undersigned proposes to deliver the product/service in accordance with the specifications for the sum of: SULFURIC ACID: ALL POLITICAL SUBDIVISONS e- 'B COUNTY, FL. MAY CONSIDER $ 0.031 "AS IS" INCLUSION IN THIS BID, WITH Unit Price Per Pound EXCEPTION OF "FOR THE SAME PRICE PRICING WILL BE ADJUSTED TO ALL PRICES F.O.B. BOYNTON BEACH FREIGHT COST DIFFERENTIALS Unit price per pound shall be finn throughout the contract period. It is further agreed that the product will be delivered within ~ calendar days from the date of the order. Number of Bid Proposals submitted 1 Specification "check-off' sheets (Pages 3-4) submitted YES Yes/No ]5 THIS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE15 ~..,.,., -"" -''''''-,. ._,____,..""""'-__'L~__ ~_~,,____._~__ _.__....~~*.<..-..,"-~_._"'~o_~_ _-.,<______..___......~_~......-~>,~_...___ ______~_..,. ··._">~_h .,-<_.~_~_~,,_~_~.~_._ Certificate of Compliance enclosed YES Yes/No Certified Analysis of Product Composition enclosed YES Yes/No SHRIEVE CHEMICAL COMPANY ~~ COMPANY NAME '-- SIG ~TURE TRACY SHRIEVE PRINTED NAME ( 7Rl ) 1ó7-477ó SECRETARY/TREASURER TELEPHONE NUMBER TITLE 16 THIS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE ANTI-KICKBACK AFFIDAVIT STATE OF FLORIDA ) : SS COUNTY OF PALM BEACH ) I, the undersigned hereby duly sworn, depose and say that no portion of the sum herein bid will be paid to any employees of the City of Boynton Beach as a commission, kickback, reward of gift, directly or indirectly by me or any member of my firm or by an officer of the corporation. By: -J ~ NAME~RE TRACY SHRIEVE Sworn and "¡tCribed befOre] ~ ,20 OY thIS aÒ day of Printed Information: TRACY SHRIEVE NAME SECRETARY/TREASURER TITLE NOTARY PUBLIC, State of~ TEXAS at Large SHRTFVF CH~MICAL COMP~Y COMPANY 17 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE - ~"",,~ ~._ ~ "".."~_.,,~_~ .·_...~____-o _~_="'___~_"''''''~~~-~~.''''>.'' _ .,--....~..-.....__;......,.."""~~k-,""~"""~""'~_".....~ _ m_ ... -~ ~_. CONFIRMA TION OF MINORITY OWNED BUSINESS A requested fonn to be made a part of our files for future use and infonnation. Please fill out and indicate in the appropriate spaces provided which category most describes your company. Return this fonn with your bid proposal sheet making it an official part of your bid response. ( ) AMERICAN INDIAN ( ) ASIAN ( ) BLACK ( ) HISPANIC ( ) WOMEN ( ) OTHER NOT APPLICABLE (specify) Do you possess a Certification qualifYing your business as a T Owned Business"? YES NO If YES, name the Organization from which this certification was obtained and date: Issuing Organization for Certification Date of Certification 18 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL CONFIRMATION OF DRUG-FREE WORKPLACE IDENTICAL TIE BIDS Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids, which are equal with respect to price, quality, and service are received by the City of Boynton Beach or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: 1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) Infonn employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (I ). 4) In the statement specified in subsection (1), notify the employee that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the tenns of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by, any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies funy with the above requirements. J^ ~ V e::::J;s(gnature 19 TIDS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE __~___~~~~"_~L. ____.>--v_ ~'-' ----_..."'""~-- '-' -.-~~--~_..---,--_.~.....,..,._-~"...-._-~-- . _,._ .~-""~__,____......., ___~_~_J_~__~".."" · VI.-CONSENT AGENDA CITY OF BOYNTON BEACH ITEM C.! AGENDA ITEM REQUEST FORM Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office D August 3, 2004 (Noon,) July 19, 2004 D October 5, 2004 (Noon) September 20, 2004 D August 17, 2004 (Noon) August 2, 2004 D October 19, 2004 (Noon) October 4, 2004 D September 7, 2004 (Noon) August 16, 2004 D November 3, 2004 (Noon) October 18,2004 ::) :.~-; ~-; --t D September 21 , 2004 [8] November 16, 2004 :::::-< (Noon) September 7, 2004 (Noon) November 1, 20ft:!¡ -, ',,--~' .:; C)-'1 ---I f'J '··'·CD ;';0 D D f"..) .~-< :;~ Administrative Development Plans [8] D -~, -f;~ NATURE OF Consent Agenda New Business - . ,.::> _. ,~ (~:c AGENDA ITEM D Public Hearing D Legal L- -q ,- -flOJ ~ -- fT1 D Bids D UnfInished Business w ~> \' 1.,.--' D Announcement D Presentation :I: D City Manager's Report RECOMMENDATION: Approve a resolution to authorize the execution of Disaster Relief Funding Agreements for Federal and State assistance for Hurricanes Charley, Frances and Jeanne between the City of Boynton Beach and the Florida Department of Community Affairs. EXPLANATION: To be eligible to receive disaster relieffunding through the Federal Emergency Management Agency (FEMA), these agreement must be executed with the State of Florida since all federal disaster relief funding is actually distributed to the State and then passed on to local municipalities who qualify. Under the Emergency Management Act, as amended, the Department of Community Affairs is granted authority to administer federal financial assistance from FEMA consequent to a presidential declaration of disaster, which was signed by President Bush for all three referenced hurricanes. PROGRAM IMP ACT: By executing these agreements, the city is eligible to receive federal financial assistance for the three reference hurricanes if we have incurred eligible costs. FISCAL IMP ACT: Expenditures that occurred as a result of any of the three hurricanes may be eligible for reimbursement from FEMA at 75%-100% of actual costs. ALTERNATIVES, ~ ~~ {I »!~~d'S S;~ e City anager's SIgnature --- rlnOJ\f'-L. Department Name S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC I ¡ I I I 1 2 3 RESOLUTION NO. R 04- 4 5 6 A RESOLUTION OF THE CITY COMMISSION OF THE 7 CITY OF BOYNTON BEACH, FLORIDA, 8 AUTHORIZING THE EXECUTION OF THREE 9 DISASTER RELIEF FUNDING AGREEMENTS FOR 10 FEDERAL AND STATE ASSISTANCE FOR 11 HURRICANES CHARLEY, FRANCES AND JEANNE 12 BET\VEEN THE CITY OF BOYNTON BEACH AND 13 THE FLORIDA DEPARTMENT OF COl\:IMUNITY 14 AFFAIRS; AND PROVIDING AN EFFECTIVE DATE. 15 16 17 \VHEREAS, under the Emergency Management Act, as amended, the Department of 18 Community Affairs is granted authority to administer federal financial assistance from 19 FEMA consequent to a presidential declaration of disaster, which was signed by President 20 Bush for all three hurricanes; and I 21 22 \VHEREAS, to be eligible to receive disaster relief funding through the Federal I 23 Emergency Management Agency, (FEMA), these agreements must be executed with the State I 24 of Florida since all federal disaster relief funding is actually distributed to the State and then 25 passed down on to local municipalities who qualify; and 26 27 \VHEREAS, upon recommendation of staff, the City Commission has detennined 28 that it is in the best interests of the residents of the City to execute three (3) Disaster Relief 29 Funding Agreements between the City of Boynton Beach and the Florida Department of 30 Community Affairs for Federal and State assistance for Hurricanes Charley, Frances and 31 Jeanne. 32 33 NO\V, THEREFORE, BE IT RESOLVED BY THE CITY COl\:IMISSION OF 34 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 35 36 Section 1. The foregoing "Whereas" clauses are hereby ratified and confinned as 37 being tme and correct and are hereby made a specific part of this Resolution upon adoption 38 hereof. 39 40 Section 2. The City Commission of the City of Boynton Beach, Florida does 41 hereby authorize the execution of the three (3) Disaster Relief Funding Agreements for 42 Federal and State assistance for Hurricane s Charley, Frances and Jeanne, which are attached 43 hereto as Exhibit "A". 44 45 Section 3. This Resolution shall become effective immediately upon passage. 46 47 48 S:\CA\RESO\Agreements\Disaster Rehef Funding Agreements,doc . -' - ------~~--~-----~..~ --- ""~---~----~"--~- -- --- -,--...--.~~---<--._' _ .~_..b~___>_....,...~_·,,,"'-~__"__ ,~_,__~_~_...~~__~ _~>,._>_ . <--t4_~. 1 2 3 PASSED AND ADOPTED this _ day of November, 2004. 4 5 CITY OF BOYNTON BEACH, FLORIDA 6 7 8 Mayor 9 10 11 Vice Mayor 12 13 14 Commissioner 15 16 17 Commissioner 18 19 20 Commissioner 21 22 ATTEST: 23 24 25 26 City Clerk 27 28 29 S:\CA \RESO\Agreements\DisasteT Relief Funding Agreements.doc K 1.C/ d. . c¡þt/t>cf STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS H Dedicated to making Florida a better place to call homeH JEB BUSH THADDEUS L. COHEN, AlA Governor Secretary September 15, 2004 MEMORANDUM TO: All Subgrantees for Public Assistance Disaster Re1iefFunding FROM: Del Streid, State Public Assistance Officer 0¿ 5 SUBJECT: Disaster Relief Funding Agreement Enclosed is the original Disaster Relief Funding Agreements for Federal and State assistance for Hurricane Charley (FEMA-1539-DR-FL). The funding agreement will provide funds for eligible disaster relief activities specifically described in approved Project Worksheets (PWs). Please print or type the name and title ofthe authorized agent with the address where the State is to submit official notices and payments under the Agreement (page 9, Paragraph 25). The authorized agent (also referred to as the Primary Agent) is the person responsible for signing all official documentation sent to us (request for payment, time extension requests, certification of Project Listings, etc.) and ensuring documentation is available for Final Inspection and audit. Signature Authority: The person signing the Agreement should be the chief executive official for your organization: Mayor for cities and towns; Chairman of the Board of County Commissioners for counties; Chief Executive Officer of private nonprofit organizations; Agency Head or Secretary of State Departments. Please submit documentation verifying signature authority for alJ others. Documentation stating delegation of authority should be one of the appropriate examples listed below: 2555 SHUMARD OAK BOULEVARD TALLAHASSEE, FLORIDA 32399-2100 Phone: 850.488.8466/Suncom 278.8466 FAX: 850.921.0781/Suncom 291.0781 Internet address: http://www.dca.state.fl.us CRITICAL STATE CONCERN FIELD OFFICE COMMUNITY PLANNING EMERGENCY MANAGEMENT HOUSING & COMMUNITY DEVELOPMENT 2796 Overseas Highway. Suite 212 2555 Shuma,d Oak Boulevard 2555 Shumard Oak Boulevard 2555 Shumard Oak Boulevard Marathon, Fl 33050-2227 Tallahassee, fL 32399-2100 Tallahassee, fL 32399-2100 Tallahassee, fL 32399-2100 (305) 289-2402 (850) 488-2356 1850) 413-9969 1850) 488-7956 -~-"""""'..~ , - .~--,--~-~ -- ,-". -----~.-...~-~~ w. ._ _,-"'>__'->____,..._. .____~ ,-~_~_.."__,o,,.._>....~_____~_~._....._~_._' _, 1. For counties, a board resolution or meeting minutes confinning the signature authority. 2. For cities, a city commission resolution, meeting minutes, or a copy of the page(s) from the city charter authorizing the signature. ~ 3. For private nonprofit organizations, a copy of the page from your charter specifying the position authorized to sign contracts, a board resolution or meeting minutes authorizing signature. 4. For State Agencies delegation of authority signed by the Secretary or Agency Head. The State of Florida Public Assistance Office is managing the disasters for Charley and Frances in Orlando, Florida at the Disaster Field Office. Please forward the completed Agreement to: Disaster Field Office 100 Sunport Lane Sunport Center Orlando, Florida 32809 ATIN: Del Streid, Public Assistance Should you have any questions, please feel free to contact Gary Freerksen, Deputy State Public Assistance at (407) 858-2817 or by email: gary.freerksen@dca.state.fl.us. STATE OF FLORIDA Department of Community Affairs DISASTER RELIEF FUNDING AGREEMENT Agreement No. 05-PA-C%-10-60-02-753 CSFA No. 52600308; CFDA No. 97.036 Subgrantee: Boynton Beach, City of FIPS No. 099-07875-00 This Agreement is between the State of Florida, Department of Community Affairs (hereinafter referred to as the "Grantee") and, the undersigned State Agency or political subdivision of the State (hereinafter referred to as the "Subgrantee"). This Agreement is based on the existence of the following facts and conditions: A. WHEREAS, Tropical Storm Bonnie and Hurricane Charley beginning August 11,2004, and thereafter, had a devastating impact upon the State of Florida. The severity of the damage and losses resulted in a proclamation of emergency by the Governor in Executive Order 04-182. In consequence of the Event, the President of the United States on August 13,2004, declared Major Disaster No. FEMA-DR-1539-FL in all counties in the State of Florida. As a result, the Public Assistance Program was made available to eligible applicants in these Declared counties; and, B. WHEREAS, a FEMA-State Agreement between the State of Florida and the Federal Emergency Management Agency governing the use of such funds requires the State to share the costs eligible for federal fmancial assistance, and the State has undertaken to share those costs, as appropriated, with its Subgrantees; and, C. WHEREAS, The Grantee represents that it is fully qualified and eligible to receive these grant funds to provide the services identified herein and agrees to comply with all the requirements of this Agreement; and, D. WHEREAS, the Grantee receives these grant funds trom the State of Florida and the federal government, and has the authority, under Section 252.373, Fla. Stat. to disburse these funds to the Sub grantees upon the terms and conditions hereinafter set forth; and, E. WHEREAS, a Budget Amendment has been prepared and is being considered to provide for the necessary funds and authority for this event. Under the Emergency Management Act, as amended, the Department has authority to administer federal financial assistance fÌom the Agency consequent to a presidential declaration of disaster. NOW, THEREFORE, the Grantee and Subgrantee, based upon the existence of the foregoing conditions, do further agree to the following: ARTICLE I. Definitions. As used in this Agreement, the following terms shall have the following meanings unless another meaning is specified elsewhere: A. "Eligible activities" are those activities authorized in the FEMA-State Agreement, and in the Robert T. Stafford Disaster Reliefand Emergency Assistance Act, Public Law 93-288, as amended, 42 US.c. § 5121-5201; 44 C.F.R Part 206; and applicable policies of the Federal Emergency Management Agency. B. "FEMA-State Agreement" is the agreement dated August 14,2004, between the Federal Emergency Management Agency and the State of Florida, for the Major Disaster No. FEMA-1539-DR-FL. ARTICLE II. Applicable Law. The parties agree to all the conditions, obligations, and duties imposed by the FEMA-State Agreement and all applicable state and federal legal requirements including, without any limitation on the generality of the fore-going, the requirements of 44 C.F.R. Parts 13 and 206, and the policies of the Federal Emergency Management Agency. 1 ..... --~-"'---" -0 K___~~o'~__ __~"'~'_'~""-O~_____'_ _ ,__ _«~o,..__~_..__~_,ç"'_,""",,"~._~ .- -< "",,--~~"""""'~-''''''''''''-~~'------'''' ..'~ . - =-.-,-' ARTICLE III. Fundin!! and Insurance. Grantee shall provide funds to the Subgrantee for eligible activities for the projects approved by the Grantee and the Federal Emergency Management Agency, as specified in the approved Project Worksheets. Allowable costs shall be determined as per 44 C.F.R. Parts 13 and 206. A. The approved Project Worksheets shall be transmitted to Subgrantee, and shall state the~cumulative funding allowed, the scope of the eligible project, and the costs eligible under this Agreement. Project Worksheets may obligate or deobligate funding, thereby amending the total funding for the project. The approved Project Worksheets shall document the total eligible costs and the total federal share of those costs, which shall be seventy- five (75) percent of all eligible costs, unless a higher percentage is approved. Contingent upon an appropriation by the Florida Legislature, the Grantee may provide some portion of any nonfederal share for local government and private non-profit Subgrantees. As a condition of receipt of the federal funding, the Sub grantee agrees to provide any nonfederal share not paid by the Grantee. B. As a condition to funding under this Agreement, the Sub grantee agrees that the Grantee may withhold funds otherwise payable to Subgrantee fi:om any disbursement to Grantee upon a determination by Grantee or Federal Emergency Management Agency that funds exceeding the eligible costs have been disbursed to Subgrantee pursuant to this Agreement or any other funding agreement administered by Grantee. C. As a further condition to funding under this Agreement, the Subgrantee agrees to procure insurance sufficient for the type or types of hazards for which the disaster was declared to cover any and all projects to be funded under this Agreement where insurance is available and reasonable. Subgrantee shall provide Grantee with a certificate of such insurance as a condition to funding under this Agreement. ARTICLE IV. Duplication of Benefits Prohibition. Subgrantee may not receive funding under this Agreement to pay for damage covered by insurance, nor may Subgrantee receive any other duplicate benefits under this Agreement. A. Subgrantee shall without delay advise Grantee of any insurance coverage for the damage identified on the applicable Project Worksheets and of any entitlement to compensation or indemnification fi:om such insurance. Subgrantee shall reimburse Grantee without delay for any duplicate benefits Subgrantee may receive fi:om any other source for any damage identified on the applicable Project Worksheets for which Subgrantee has received payment fi:om Grantee, to the extent of any such duplication. B. In the event that Grantee should determine that Subgrantee has received duplicate benefits, by its execution of this Agreement the Subgrantee gives Grantee or the Chief Financial Officer-Department of Financial Services of the State of Florida the authority to set off the sum of any such duplicate benefits by withholding it fi:om any other funds otherwise due and owing to Subgrantee. ARTICLE V. Compliance with Environmental. Plannin!! and Pennittin!! Laws. Subgrantee shall be responsible for the implementation and completion of the approved projects described in the Project Worksheets in a manner acceptable to Grantee, and in accordance with applicable legal requirements. The contract documents for any project undertaken by Subgrantee, and any land use permitted by or engaged in by Subgrantee, shall be consistent with the local government Comprehensive Plan. Subgrantee shall ensure that any development or development order complies with all applicable planning, permitting and building requirements. Subgrantee shall engage such competent engineering, building, and other technical and professional assistance at all project sites as may be needed to ensure that the project complies with the contract documents. ARTICLE VI. Required Documentation. Reviews. and Inspections. Subgrantee shall create and maintain documentation of work performed and costs incurred on each project identified in a Project Worksheet sufficient to permit a formal audit comporting with ordinary, customary and prudent public accounting requirements. Upon the failure of Subgrantee to create and maintain such documentation, Grantee may terminate further funding under this Agreement, and Subgrantee shall reimburse to Grantee all payments disbursed earlier to Subgrantee, 2 together with any and all accrued interest. A. Subgrantee shall submit the following documentation for Large Projects (the Small Project threshold for this declaration is $54,100). 1. A Request for Advance or Reimbursement conforming to the attached sample. 2. A Summary of Documentation Form conforming to the sample attached to this Agreement as Attachment B, which shall be supported by original documents such as contract documents, invoices, purchase orders, change orders and the like; 3. A request for [mal inspection; 4. A signed Project Completion and Certification Report upon the completion of all projects; and 5. The Project Completion and Certification Report specified by Paragraph B of this Article. B. For all projects, Subgrantee shall state on the "Project Completion and Certification Report" that all work was performed in accordance with this Agreement and the requirements in each Project Worksheet, and shall state the date of completion. C. Grantee will inspect Small Projects by random selection, and will conduct the final inspections on Large Projects, to ensure that all work has been performed within the scope of work specified on the Project Worksheets. Costs not within the approved scope of work shall not be reimbursed. ARTICLE VII. Cost Sharinl!. The federal share of the eligible costs specified in the Project Worksheets under this Agreement shall be seventy-five (75) percent, unless a higher percentage is approved, of such costs and the nonfederal share shall be the remaining amount. Payment of all or a specified portion of the nonfederal share of such costs is contingent upon a potential future State appropriation defining the apportionment of the nonfederal share. Administrative costs in addition to the Project Worksheets that are otherwise eligible under 44 C.F.R. Part 206 and do not require matching funds may also be funded by FEMA. ARTICLE VIll. Payment of Costs. Grantee shall disburse the eligible costs to Sub grantee in accordance with the following procedures. A. Grantee shall disburse the federal and nonfederal shares of the eligible costs for Small Projects to Sub grantee as soon as practicable after execution of this Agreement and formal notification by the Federal Emergency Management Agency of its approval of the pertinent Project Worksheet. B. Grantee shall reimburse Subgrantee for the federal and nonfederal shares of the eligible costs for Large Projects as soon as practicable after Subgrantee has delivered the following documents to Grantee: 1. A Request for Advance or Reimbursement Form conforming to the sample attached to this Agreement as Attachment A; 2. A Summary of Documentation Form conforming to the sample attached to this Agreement which shall be supported by original documents such as contract documents, invoices, purchase orders, change orders and the like; and, 3. A letter or notification certifying that the reported costs were incurred in the performance of eligible work. C. Grantee may advance funds under this Agreement to Sub grantee not exceeding the federal share if Subgrantee meets the following conditions: 3 U· .i ........."..,--.....,-"""""-- ," . .....--~.~_..-.-._-----.~-- .~--~---"..----'<-_.-. ~_'~___~"'~"""'_~-o--,-_,-__......___,,,,,.-,..__",,~ . .____.____,. 1. Subgrantee shall demonstrate to Grantee that Subgrantee has procedures in place to ensure that funds are disbursed to project vendors, contractors, and subcontractors without unnecessary delay; 2. Subgrantee shall submit to Grantee the budget supporting the request; 3. Subgrantee shall submit a statement justifying the advance and the proposed use of the funds, and specifying the amount of funds requested; 4. Subgrantee shall submit a completed Request for Advance or Reimbursement Form; and, 5. Subgrantee shall pay over to Grantee any interest earned on advances for remittance to the Federal Emergency Management Agency as often as practicable, and in any event not later than ten (10) business days after the close of each calendar quarter. D. Subgrantee may make improvements to the project facility in conjunction with its restoration of the facility to its pre-disaster condition in accordance with 44 C.F.R. Part 206 with the prior written approval of Grantee. E. In any case in which Sub grantee certifies to Grantee in writing that the restoration of a damaged public facility to its pre-disaster condition is not in the best interest of the public, Sub grantee may request Grantee and the Federal Emergency Management Agency to approve an alternate project in accordance with 44 C.F.R. Part 206 before the commencement of any work. F. Grantee may, in its discretion, withhold its portion of the nonfederal share of funding under this Agreement from Subgrantee if Grantee has reason to expect a subsequent unfavorable determination by the Federal Emergency Management Agency that a previous disbursement of funds under this Agreement was improper. ARTICLE IX. Final Pavment. Grantee shall disburse the final payment to Subgrantee upon the performance of the following conditions: A. Subgrantee shall have completed the project; B. Subgrantee shall have submitted the documentation specified in Articles VI and VIII of this Agreement; C. In the case of Large Projects, the Grantee shall have performed the final inspection; D. In the case of Small Projects, the Project Listing and Certification shall have been reviewed by Grantee, or Grantee shall have performed a [mal inspection; and, E. Subgrantee shall have requested final reimbursement. ARTICLE X. Records Maintenance. The funding of eligible costs under this Agreement and the performance of all other conditions shall be subject to the following requirements, in addition to such other and further requirements as may be imposed by operation oflaw: A. The "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments," as codified in 44 C.F.R. Part 13, as amended; B. Office of Management and Budget Circular No. A-87, "Cost Principles for State and Local Governments," as amended; C. Office of Management and Budget Circular No. A-110, "Uniform Administrative Requirements for Grants and Other Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations," as amended; and D. Office of Management and Budget Circular No. A-I22, "Cost Principles for Non-Profit Organizations," 4 as amended. E. Sub grantee will maintain all documentation concerning the projects funded under this Agreement until the occurrence of the following events, whichever is the later: ~ 1. The completion of fmal inspection and fmal audit, and the final resolution of any issues identified in the same; or, 2. The expiration of three (3) years from the date of final disbursement under this Agreement. F. Sub grantee shall make all documentation concerning the projects funded under this Agreement available and accessible to the Comptroller General of the United States, the Grantee, and the Federal Emergency Management Agency between 8:00 a.m. and 5:00 p.rn. on weekdays other than official holidays. ARTICLE XI. Reimbursement of Funds. Ifupon final inspection, final audit, or other review by Grantee, the Federal Emergency Management Agency or other authority determines that the disbursements to Sub grantee under this Agreement exceed the eligible costs, Subgrantee shall reimburse to Grantee the sum by which the total disbursements exceed the eligible costs within forty-five (45) days from the date Sub grantee is notified of such determination. ARTICLE XII. Audit. Subgrantee shall submit an Audit of Agreement Compliance to Grantee, and shall have an independent audit performed by a Certified Public Accountant if its total expenditures of federal financial assistance for the most recent fiscal year equal or exceed $500,000.00. A Subgrantee will conduct the audit in accordance with the following requirements: 1. The standards established by the Comptroller General of the United States, as specified in the General Accounting Office Standards for Audit of Governmental Organizations, Programs, Activities and Functions; 2. The standards established by the American Institute of Certified Public Accountants; 3. The requirements of § 11.42 Fla. Stat., and the Rules of the Auditor General; 4. The requirements of the Single Audit Act of 1984, Pub. L. 98-502, as amended, 31 U.S.c. §§ 7501-7507, to the extent here applicable; and, 5. Office of Management and Budget Circular No. A-133, as amended, to the extent here applicable. B. The audit shall be identified by the serial contract identification number for this Agreement. If the Subgrantee is a private nonprofit organization, it shall submit an organization-wide audit. C. The audit shall be due not later than seven (7) months after the close of the fiscal year for Subgrantee except where Grantee and Subgrantee have mutually agreed upon another date. D. Sub grantee shall conduct such additional audits as Grantee or the Federal Emergency Management Agency may determine necessary to determine the adequacy, accuracy, and reliability of the internal procedures Sub grantee has in place to protect its assets and to ensure compliance with this Agreement. E. If this Agreement is closed out without an audit, Grantee may recover from Sub grantee any disallowed costs identified in an audit after such closeout. ARTICLE XIll. NoncomDliance. If the Sub grantee violates this Agreement or any legislation, regulation, statute, rule or other legal requirement applicable to the performance of this Agreement, the Grantee may withhold any disbursement otherwise due Sub grantee for the project with respect to which the violation has occurred until the 5 ~ -. T , -.......---.-- ~j--~->--">---~_. ---.".._~~,,-- . . -~='-~~'''''''-'-' -'-'~--~-' violation is cured or has otherwise come to final resolution. If the violation is not cured, Grantee may terminate this Agreement and invoke its remedies under the Agreement as per Articles XVIII and XXIII of this Agreement. ARTICLE XIV. Nondiscrimination bv Contractors. Subgrantee shall undertake an active program of nondiscrimination in its administration of disaster assistance under this Agreement, as per 44 C.F.R:1>arts 7 and 16, and 44 C.F.R Part 206. Subgrantee shall also be subject to the requirements in the General Services Administrative Consolidated List of Debarred, Suspended and Ineligible Contractors, in accordance with 44 C.F.R Part 17. ARTICLE XV. Modification. The time for performance of this Agreement may be extended once unless the failure of Subgrantee to close out the project is caused by events beyond its control. A modification extending the time for completion of the project and any other modification shall be in writing, and shall take effect only upon execution by both parties. Modifications to any Project Worksheet to be funded under this Agreement may be requested by Sub grantee through Grantee, but the approval of any such modifications shall reside in the sole discretion of the Federal Emergency Management Agency. Any approved modification to a project Worksheet shall be noted in a Supplemental Project Worksheet for the project. If otherwise allowed under this Agreement, any extension shall be in writing and shall be subject to the same terms and conditions as those set out in the initial Agreement. ARTICLE XVI. Time for Performance. Time shall be of the essence of this Agreement and of the perfonnance of all conditions under it. Subject to any modification extending the time for the perfonnance of this Agreement approved by Grantee or the Federal Emergency Management Agency, the time for the perfonnance of emergency work shall be six (6) months ÍÌom the date of the Presidential Declaration. The time for the perfonnance of pennanent work shall be eighteen (18) months ÍÌom the date of the Presidential Declaration. For Large Projects the Summary of Documentation and the supporting documents identified in Article VI of this Agreement shall be submitted to the Grantee not later than sixty (60) days after the date of the last modification extending the Agreement. Subgrantee shall submit the completed Project Listing to Grantee not later than thirty (30) days ÍÌom the completion of all work, or the approval of the Final Inspection by the Federal Emergency Management Agency, whichever is later. The time for the perfonnance of this Agreement may be extended for cause by Grantee. Extensions shall not be approved for delays caused for lack of cost-share funding. If any extension request is denied, Subgrantee shall be reimbursed for eligible project costs incurred up to the latest approved date for completion. Failure to complete any project will be adequate cause for the termination of funding for that project. ARTICLE XVII. Contracts With Others. If the Subgrantee contracts with any other contractor or vendor for performance of all or any portion of the work required under this Agreement, the Subgrantee shall incorporate into its contract with such contractor or vendor an indemnification clause holding Grantee and Sub grantee harmless ÍÌom liability to third parties for claims asserted under such contract. ARTICLE XVIll. Termination. Either of the parties may terminate this Agreement by notice in writing delivered to the address specified in Article :xxv of this Agreement. Such termination shall take effect thirty (30) days after the date of such notice. Such termination shall not affect the rights, interests, duties or responsibilities of either of the parties or any allowable costs that have accrued as of the date of the notice oftermination. ARTICLE XIX. Liabilitv. Grantee assumes no liability to third parties in connection with this Agreement. Unless the Subgrantee is a governmental entity covered by § 768.28(5), Fla. Stat., the Subgrantee shall be solely responsible to any and all contractors, vendors, and other parties with whom it contracts in performing this Agreement. Unless the Subgrantee is a governmental entity within the meaning of the preceding sentence, Subgrantee shall indemnify Grantee form claims asserted by to third parties in connection with the performance of this Agreement, holding Grantee and Subgrantee harmless ÍÌom the same. Also: A. For the purpose of this Agreement, the Grantee and Subgrantee agree that neither one is an employee or agent of the other, nor that each one stands as an independent contractor in relation to the other. B. Nothing in this Agreement shall be construed as a waiver by Grantee or Subgrantee of any legal immunity, nor shall anything in this Agreement be construed as consent by either of the parties to be sued by third parties in connection with any matter arising ÍÌom the performance of this Agreement. C. Subgrantee represents that to the best of its knowledge any hazardous substances at its project site or sites 6 are present in quantities within statutory and regulatory linútations, and do not require remedial action under any federal, state or local legal requirements concerning such substances. Subgrantee further represents that the presence of any such substance or any condition at the site caused by the presence of any such substance shall be addressed in accordance with all applicable legal requirements. ARTICLE XX. Reports. Subgrantee shall provide Quarterly Reports to Grantee, on the Quarterly Report Form conforming to the sample attached as Attachment C. The first Quarterly Report shall be due at such time as Sub grantee is notified. All subsequent Quarterly Reports shall be due no later than fifteen (15) days after each calendar quarter through final inspection. Quarterly Reports shall indicate the anticipated completion date for each project, together with any other circumstances that may affect the completion date, the scope of work, the project costs, or any other factors that may affect compliance with this Agreement. Interim inspections shall be scheduled by Subgrantee before the fmal inspection, and may be required by Grantee based on information supplied in the Quarterly Reports. Grantee may require additional reports as needed, and Subgrantee shall provide any additional reports requested by Grantee as soon as practicable. With respect to the Request for Advance or Reimbursement, the Summary of Documentation, and the Quarterly Reports, the contact for Grantee will be the State Public Assistance Officer. ARTICLE XXI. Standard Conditions. Subgrantee agrees to the following conditions: A. The performance and obligation of Grantee to pay under this Agreement is contingent upon an annual appropriation by the Legislature and the disbursement to Grantee of federal funding in accordance with § 252.37(4), Fla. Stat. B. Bills for fees or other compensation for services or expenses must be submitted in detail sufficient for a proper pre-audit and post-audit. C. Grantee may terminate this Agreement for refusal by the Sub grantee and its contractors and subcontractors to allow public inspection of any records subject to the disclosure requirements in § 119 .07( 1), Fla. Stat., that are made or received by Subgrantee or its contractors and subcontractors in connection with this Agreement. Substantial evidence of noncompliance by Sub grantee or its contractors and subcontractors with these requirements shall constitute the nonperformance of a condition under this Agreement, and shall be adequate cause for termination. D. Subgrantee agrees that no funds disbursed to it under this Agreement will be used for the purpose of lobbying the Legislature or any of its members, any employee of the State of Florida, any member of Congress, any officer or employee of Congress, or any employee of a Member of Congress, in connection with this Agreement or any modifications to this Agreement. E. Subgrantee certifies that it possesses the legal authority to receive the funds. F. Subgrantee agrees that responsibility for compliance with this Agreement rests with Subgrantee, and further agrees that noncompliance with this Agreement shall be cause for the rescission, suspension or termination of funding under this Agreement, and may affect eligibility for funding under future Subgrantee Agreements. ARTICLE XXII. Term. This Agreement shall take effect upon its execution by both parties, and shall terminate upon approval of closeout by the Federal Emergency Management Agency, unless terminated earlier as specified elsewhere in this Agreement. Subgrantee shall commence project(s) specified by this Agreement without delay. ARTICLE XXIll. Events of Default. Remedies. and Termination. A. Upon the occurrence of anyone or more of the following events, all obligations of Grantee to disburse further funds under this Agreement shall terminate at the option of Grantee. Notwithstanding the preceding sentence, Grantee may at its option continue to make payments or portions of payments after the occurrence of anyone or more 7 _»--"-o->__..~~ , .....--.---~ ------..............~ ----_-.~--~-~.~--...-...~--~-~....-----.-~ .-- .,..-.,-,~--,..",<~-..... .-,~--.,,-,+-~-- such events without waiving the right to exercise such remedies and without incurring liability for further payment. Grantee may at its option terminate this Agreement and any and all funding under this Agreement upon the occurrence of anyone or more of the following: 1. Any representation by Subgrantee in this Agreement is inaccurate or incompleœin any material respect, or Subgrantee has breached any condition of this Agreement or any previous agreement with Grantee and has not cured in timely fashion, or is unable or unwilling to meet its obligations under this Agreement; 2. Subgrantee suffers any material adverse change in its financial condition while this Agreement is in effect, as compared to its [mancial condition as represented in any reports or other documents suboútted to Grantee, if Subgrantee has not cured the condition within thirty (30) days after notice in writing from Grantee; 3. Any reports required by this Agreement have not been suboútted to Grantee or have been suboútted with inaccurate, incomplete, or inadequate information; or, 4. The monies necessary to fund this Agreement are unavailable due to any failure to appropriate or other action or inaction by the Congress, Legislature, Office of the Comptroller or Office of Management and Budget. B. Upon the occurrence of anyone or more of the following events, Grantee may at its option give notice in writing to Subgrantee to cure its failure of performance if such failure may be cured. Upon the failure of Sub grantee to cure, Grantee may exercise anyone or more of the following remedies: 1. Terminate this Agreement upon not less than fifteen (I 5) days notice of such termination by certified letter to the Subgrantee at the address specified in Article XXV of this Agreement, such notice to take effect when delivered to Subgrantee; 2. Commence a legal action for the judicial enforcement of this Agreement; 3. Withhold the disbursement of any payment or any portion of a payment otherwise due and payable under this Agreement or any other Agreement with Subgrantee; and, 4. Take any other remedial actions that may otherwise be available under law. C. Grantee may terminate this Agreement for any oúsrepresentation of material fact, for failure or non- performance of any Agreement condition or obligation, or for noncompliance with any applicable legal requirement. D. Rescission, suspension or termination of this Agreement shall constitute final action by the Grantee within the meaning of the Administrative Procedure Act, as amended. Notwithstanding the preceding sentence, any deobligation of funds or other determination by the Federal Emergency Management Agency shall be addressed in accordance with the regulations of that Agency. E. Upon the rescission, suspension or termination of this Agreement, the Subgrantee shall refund to Grantee all funds disbursed to Subgrantee under this Agreement. F. The venue of any action or proceeding by either Grantee or Subgrantee for enforcement of this Agreement or for adjudication of rights, interests, or duties of the parties to it shall lie in Leon County, State of Florida. G. Notwithstanding anything to the contrary elsewhere in this Agreement, the rescission, suspension or termination of this Agreement by Grantee shall not relieve Subgrantee of liability to Grantee for the restitution of funds advanced to Sub grantee under this Agreement, and Grantee may set off any such funds by withholding future disbursements otherwise due Subgrantee under this Agreement or any other Agreement until such time as the exact amount of restitution due Grantee from Subgrantee is determined. In the event the Federal Emergency Management Agency should deobligate funds fonnerly allowed under this Agreement or under any other Agreement funded by the Agency and administered by Grantee, then Subgrantee shall immediately repay such funds to Grantee. If the Subgrantee fails to repay any such funds, then Grantee may recover the same from funding otherwise due Subgrantee. ARTICLE XXIV. Attachments. A. All attachments to this Agreement are incorporated into this Agreement by reference as if set out fully in the text of the Agreement itself. 8 B. In the event of any inconsistencies between the language of this Agreement and the Attlchments to it, the language of the Attlchments shall be conn-oIling, but only to the extent of such inconsistencies. C. This Agreement has the following attachments: 1. Attachment A "Request for Advance or Reimbursement" 2. Attachment B "Summary of Documentation of Expenses Claimed" 3. Attlchment C "Quarterly Report Form" 4. Attlchment D "Subgrantee Annual Budget Projection Form" Note: All other grant administrative fonDS will be provided by Grantee as necessary or posted on the DEM website: www.f1oridadisaster.org. The subgrantee may be provided the option of using elecn-onic forms placed on our Internet based document management system at: http://dcaenterprise.eoconline.org. ARTICLE XXV. Notice and Contact. All notices under this Agreement shall be in writing and shall be delivered by Internet, by telefacsimile, by hand, or by certified letter to the foHowing respective addresses. FOR THE GRANTEE: FOR THE SUBGRANTEE: W. Craig Fugate, Director Division of Emergency Management Department of Community Affairs 2555 Shumard Oak Blvd Tallahassee, Florida 32399-2100 ARTICLE XXVI. Desil!nation of Al!ent. Subgrantee hereby designates as its primary agent, and designates as its alternate agent, to execute any Request for Advance or Reimbursement, certification, or other necessary documentation. IN WITNESS HEREOF, the Grantee and Subgrantee have executed this Agreement: FOR THE GRANTEE: FOR THE SUBGRANTEE: DEPARTMENT OF COMMUNITY AFFAIRS, State ofFIorida, By: (Subgrantee) W. Craig Fugate, Director (Name) Division of Emergency Management (Title) (Date) (Date) Public Assistance Program Program Federal Employer Identification Number (FEIN) 9 "-~._-----,..._"''''"--''-'--' . . ~ ---....~~,,---'-""..... --';,-,,_-_ .-".__ -'-....~._......~__o~,_, ~...."~~~----- -- -----.~ ,. VI.-CONSENT AGENDA CITY OF BOYNTON BEACH ITEM C.2 AGENDA ITEM REQUEST FORM Requested City Commission Date Fina] 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 o August 3, 2004 (Noon,) Ju1y 19,2004 o October 5, 2004 (Noon) September 20, 2004 o August 17, 2004 (Noon) August 2, 2004 o October 19,2004 (Noon) October 4, 2004 o September 7, 2004 (Noon) August ]6,2004 o November 3, 2004 (Noon) October 18,2004 [8J September 21, 2004 [8J November 16, 2004 (, (Noon) September 7,2004 (Noon) November I, 29?-1 ,-)~ ---" ==-í -<: 0 --<.c) (-) -:> .." 0 Administrative 0 Development Plans -4 --c:¡ Ñ C~) NATURE OF [8J Consent Agenda 0 New Business úJ ~':-)-< - -- '- AGENDA ITEM 0 0 -"J - ;-{ Public Hearing Legal _:~ 0 ,.~;j.- .-._~ -" ..---' --- 0 Bids 0 Unfinished Business W -.,-¡ -ria:> 0 0 _fTì Announcement Presentation '.:"....) n";þ ~....) ("'0 0 City Manager's Report :::: RECOMMENDATION: Approve a Resolution ratifying the action of the South Central Regional Wastewater Treatment and Disposal Board at their meeting on October 21, 2004 EXPLANATION: On October 21, 2004, the South Central Regional Wastewater Treatment & Disposal Board held its Regular Quarterly Annual meeting. At that time, the Board took action on items that are now before the City Commission for ratification. This City Commission ratification is the confirmation process for the action taken by the S.C.R.W.T.D. Board. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: ~~ ¿):;;:}m.£~ Department Head's Signature City anager's Signature City Clerk's Office Department Name City Attorney / Finance / Human Resources S:\CC\WP\CCAGENDA\Agenda Request Memos\Agenda Item Request -November 16, 2004.doc I 1 I RESOLUTION NO. R04- 2 3 4 A RESOLUTION OF THE CITY OF BOYNTON 5 BEACH, FLORIDA, RATIFYING THE ACTION 6 TAKEN BY THE SOUTH CENTRAL REGIONAL 7 \VASTE\VATER TREATMENT AND DISPOSAL 8 BOARD ON OCTOBER 21,2004, AS SET FORTH 9 IN EXHIBIT "A" ATTACHED HERETO; 10 AUTHORIZING AND DIRECTING THE CITY 11 MANAGER AND CITY CLERK TO EXECUTE 12 SAID AGREEMENT; AND PROVIDING AN 13 EFFECTIVE DATE. 14 15 16 \VHEREAS, The South Central Regional \Vastewater Treatment & Disposal 17 Board (SCRWTDB) requests ratification of the action taken by the Board at the Quarterly 18 Meeting of October 21, 2004, as set forth in the attached Exhibit "A". 19 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 20 OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: 21 Section 1. The foregoing "\Vhereas" clauses are hereby ratified and confinued 22 as being true and correct and are hereby made a specific part of this Resolution upon 23 adoption. 24 Section 2. The City Commission does hereby ratifY the action taken by the 25 South Central Regional Wastewater Treatment & Disposal Board on October 21, 2004, as 26 set forth in the attached Exhibit "A". 27 Section 3. This Resolution shall take effect immediately upon passage. 28 29 30 31 :ICA\RESOISCRWTDB Annual Meeting 10-21-D4 Ratification,doc .. ---<- -~-_...-&>_~,,--~ -~- ,~~.~_,,-~__~_-e_-__<~._.___" _ ~~_,,·~_+___.,.o, _~_>_ . ..,......_"'____,...-_~.~v._~__ y_'""-_'"m ._ 1 2 PASSED AND ADOPTED this _ day of November, 2004. 3 4 5 CITY OF BOYNTON BEACH, 6 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:ICAIRESOISCRWTDB Annual Meeting 10-21-04 Ratification,doc SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD 1801 North Congress Avenue · Delray Beach, Florida 33445 BOARD Telephone City Council Members of (561) 272-7061 (561) 734-2577 Boynton Beach & Delray Beach Fax: (561) 265-2357 ~_sc~tp.org MEMORANDUM TO: Janet Prainito CITY OF BOYNTON BEACH FROM: Mary Ann Shumilla ~ DATE: October 27, 2004 RE: RA TIFICA TION FOR SIGNATURE Attached is one Ratification from the Quarterly Annual Meeting of October 21, 2004 which require signatures. Would you place this on the Agenda for your next Commission meeting. Would you contact me at 272-7061 when the Ratification is executed. Thank you. x ,-"" II) <!.Ü ("" w-- CD t.:- ., . L. ~ Zc~ .~,--- 0.,_ }-~~ 0- :;t:: ...,.--' >-;=:c ro C;-l,_ C'J CD _." U-.L ¡-- <-J O>LV 0 >-~ f-- c~· c...., u ......,.,,-- ...."--~~.- . '_""'~L~_____""''''"''',. _ >"'.~__~_________..__.~«-_~......_,.,.__..____._, ~....~-~.~,~--'".-.,....oþ.,,.<-~- -.-. - -.-----. RA TIFICA TION OF SOUTH CENTRAL REGIONAL W ASTEWA TER TREATMENT AND DISPOSAL BOARD ACTION OF OCTOBER 21, 2004 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board on October 21, 2004, by a vote of 7-0, APPROVED AUTHORIZATION TO ENTER INTO A TASK ORDER WITH HAZEN & SAWYER IN THE AMOUNT OF $441,020. FOR DESIGN, PERMITTING AND BID DOCUMENTS FROM CAPITAL FUNDS FOR EXPANSION OF THE REUSE FACILITIES. (COST TO BE SPLIT 50/50 FROM BOYNTON AND DElRA Y BEACH). WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton hereby ratify said Board action independently. The above action is hereby ratified in open session by the City of Boynton Beach this day of , , by a vote. - CITY OF BOYNTON BEACH By: Mayor Attest: City Clerk Approved as to form: City Attorney , VI.-CONSENT AGENDA ITEM C.3 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date final form Must be Turned Requested City Commission Date FinaJ form Must be Turned Meeting Dates in to C ¡tv Clerk's Office Meeting Dates in to Ci¡v Clerk·s Office o August 3, 2004 (Noon,) July 19,2004 o October 5,2004 (Noon) September 20,2004 o August 17, 2004 (Noon) August 2, 2004 o October 19,2004 (Noon) October 4. 2004 o September 7, 2004 (Noon) August 16,2004 o November 3, 2004 {Noon} October 18. 2004 o September 2 , 2004 {Noon} September 7, 2004 [g] November 16. 2004 (Noon) November I. 2004 Ç) 0 Development Plans c--' -':"~J""'-f 0 Adminístrative --- -'" --~-...... [g] 0 New Business i-:J ,,'~C) NATURE OF Consent Agenda ':-J ,-.) -'1 --t AGENDA ITEM 0 Public Hearing 0 Legal !,.) "-0 .',J 0 - - --, ,/ 0 Bids Unfinished Business -... 0 -ry ;-~ 0 Presentation ~I Announcement -.:~ CJ ,-_.--:~ 0 City Manager's Report :" " ,,-.-,f.,,< ,-;:.0 0 -,- ï'1 ~-~> l]J "'0 =c RECOMMENDATION: Motion to approve and authorization to execute by Resolution, First Addendum to Interlocal Agreement between City of Boynton Beach and Town of Lantana for Water Main Interconnection. EXPLANATION: The Town of Lantana and the City of Boynton Beach entered into an Interlocal Agreement on September 2, 2003 for the purpose of designing and constructing water main interconnections between the Town and the City. This Agreement set forth specific provisions in Section 2, Project Costs, which require that an Addendum to the Agreement be negotiated and executed by the parties, should the costs of actual construction exceed the estimated Project costs provided for in the Agreement. The City and Town have agreed to revise the pro-rata share of all costs to reflect a continuing and equal pro-rata share in excess of the Project's estimated costs, which have already been incurred in constructing the Project. PROGRAM IMPACT: The original estimated cost of the project was $250,000.00, to be shared equally by both parties ($125,000.00 each). The actual costs of the constructed improvements totaled $256,184.00, or $6,184.00 more than originally agreed upon ($3,092.00 each). In accordance with the pro-rata sharing provisions of the Interlocal Agreement, this Resolution will authorize an increase in total payments for this project by the City of Boynton Beach of $3,092.00. The revised total cost for the City's commitment to this project is $128,092.00. FISCAL IMPACT: Funding for this project is pro\ided under Account No. 401-5000-590-96-10; WTR 101. S:\BULLETIN\FORMS\AGENDA ITEM REQUEST fORM,DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM AL TERNA TIVES: There are no cost-effective alternath·es to constructing a water system interconnection to provide mutual assistance between the Town of Lantana and the City of Boynton Beach, in the event water needs to be transferred from one system to the other on an emergency basis. ~ CIty anager's SIgnature Kurt Bressner City Manager UtiJities Department Department Name Attachments: lnterlocal Agreement between the Town of Lantana and the City of Boynton Beach dated September 2, 2003. S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORJ\UXJC I I I ¡ I I RESOLUTION R04- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE EXECUTION OF A FIRST ADDENDUl\'I TO INTERLOCAL AGREEMENT BET'VEEN THE CITY OF BOYNTON BEACH AND THE TO'VN OF LANTANA FOR 'VATER MAIN INTERCONNECTIONS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Lantana and the City of Boynton Beach have entered into an Interlocal Agreement dated September 2, 2003, for the purpose of designing and constructing water main interconnections between the Town and the City; and 'VHEREAS, the costs of actual construction exceeded the estimated project costs provided for in the InterJocal Agreement by a total of $6,184.00 to be shared equaHy by both parties ($3,092.00 each). NO'V, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing n\Vhereas" clauses are hereby ratified and confinned as being true and correct and are hereby made a specific part of this Resolution upon adoption. Section 2. This Commission does hereby authorize execution of the First Addendum to the InterJocal Agreement with the Town of Lantana dated September 2, 2003, to provide for the increase in total payments for this project by the City of Boynton Beach of $3,092.00, a copy of which Agreement is attached hereto. Section 3 That this Resolution shall become effective immediately upon passage. I I I I i I PASSED AND ADOPTED this _ day of November, 2004. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner I Commissioner ATTEST: City Clerk S:\CA\RESO\Agreements\InterlocaJs\Interlocal Agreement - Tov·,n of lantana - First Addendum.doc ¡ \ I If-;.....____ _ë__~..~___~__~~__'..-.~__...'_·,'"'-"._~.....-"'._~,<_~, . ~.___h_OO__._-~~_=-_.o"~,-,,.___- _. FIRST ADDENDUM TO INTERLOCAL AGREEl\ffiNT BETWEEN CITY OF BOYNTON BEACH AND TOWN OF LANTANA FOR WATER MAIN INTERCONNECTION THIS FIRST ADDENDUM to the above-referenced Agreement (the "First Addendum") is made and entered into this _day of , 2004 by and between the City of Boynton Beach, a Florida municipal corporation with its principal address at 100 East Boynton Beach Boulevard, Boynton Beach, Florida 33435, hereinafter referred to as the "CITY", and the Town of Lantana, a Florida municipal corporation with its principal address at 500 Greynolds Circle, Lantana, Florida 33462, hereinafter referred to as the "TOWN" for Water Main futerconnection. WHEREAS, the TOWN and CITY entered into an inter10cal agreement dated September 2, 2003 for the purpose of designing and constructing water main interconnections (the "Project") between the Town and the City (the "AGREEMENT"); and WHEREAS, the AGREEMENT set forth specific provisions in Section 2. Project Costs. which require that an addendum to the AGREEMENT be negotiated and executed by the parties should the costs of actual construction exceed the estimated Project costs provided for in the AGREEMENT; and WHEREAS, the CITY and the TOWN have agreed to revise the pro-rata share of al1 costs to reflect a continuing and equal pro-rata share in excess of the Project's estimated costs which have already been incurred in constructing the Project; and NOW, THEREFORE, and in consideration of mutual tenns, conditions, promises, covenants and payments hereinafter set forth, the TOWN and CITY agree as follows: SECTION 1: The total costs to be provided by the TOWN and the CITY under the terms of the AGREEMENT for the actual costs of the Project have been detennined to be two hundred fifty-six thousand and one hundred eighty- four dollars ($256,184.00). The tenns of the AGREEMENT require that any costs above the estimated Project Cost of two hundred fifty thousand dollars ($250,000.00) shall be paid by the parties after negotiating an acceptable pro-rata share. The TOWN and the CITY both agree to pay a pro-rata share of the additional costs which have been incurred in excess of the estimated Project Cost, which additional costs total six thousand and one hundred eighty-four dollars ($6,184.00) (the "fucreased Cost"). Each party further agrees to pay an equal, pro-rata share of the fucreased Cost, which pro-rata share amount shall be three thousand ninety-two dollars ($3,092.00)(the "fucreased Pro-rata Share"). Payments 0 ft he Increased Pro-rata Share set forth herein shall be as provided for in accordance with Section 2. of the AGREEMENT. SECTION 2: This First Addendum shall be attached to the current AGREEMENT which was entered into by and between the TOWN and CITY on September 2, 2003 as extended by mutual agreement 0 f the parties and shall become a part thereof. All other Sections of the AGREEMENT shall remain in full force and effect as set forth in the AGREEMENT and there shall be no changes to the AGREEMENT with the exception of those items specifically set forth in this First Addendum. Further, the parties agree as follows: A. This First Addendum may be modified only by the mutual and written consent of both parties. B. If any provision or any portion contained in this First Addendum is held unconstitutional, invalid or unenforceable, the remainder of this First Addendum, or portion thereof, shall be deemed severable, shall not be affected and shall remain in full force and effect. C. This First Addendum shall be executed in triplicate by both parties and filed for record by the TOWN with the Clerk of the Circuit Court of Palm Beach County, Florida pursuant to Sec. 163.01(11), Florida Statutes. CITY OF BOYNTON BEACH ~- Kurt Bressner, City Manager ' ,Michael Bornstein, Town Manager Attest: Attest: ., Janet Prainito, City Clerk (CITY SEAL) (TOWN SEAL) Approved as to fonn: , James Cherof, Esq., City Attorney F:\docs\Lantana\Agmt-Contract-Lease\FiTStAdden- InterconnectAgt-04,doc . "_.--< - . ._~_'_.~___-..a.___-=""""_~_"'_______~___"""""'~~_<_«_ . -------.~~__...-~~_~-.....__...._~_~__"-O . _._,-___o,_,_.....,_,.,_._-__.._,_-_..,.','"'_~_.,~_.........-... CITY CLERK'S OFFICE MEMORANDUM TO: Nem Gomez Interim Utilities Director FROM: Janet M. Prainito City Clerk DATE: October 18, 2004 RE: First Addendum to Interlocal Agreement between City of Boynton Beach and Town of Lantana for Water Main Interconnection Attached please find two original copies of the First Addendum to the Interlocal Agreement between the City of Boynton Beach and the Town of Lantana for Water Main Interconnection". The Town Clerk of Lantana forwarded these copies to me for action by the City Commission. Would you please handle this request. Thank you. Il= fn. ~ ttachment Copies to: Kurt Bressner, Wilfred Hawkins, Central File S:\CC\WP\Memos\Departmental Transmittals\Utilities - Interlocal Agreement for Water Main Interconnections - 10-18-04.doc ··~¡T'¡~.']~, Egy,U.T,(J,~(~~AFH ~--' DCT ¡ S F'¡-~! 12: n 7 500 Greynolds Circle Lantana, FL 33462-4594 (561) 540-5000 Fax (561) 540-5009 October 13,2004 www.lantana.org Janet Prainito, City Clerk \1ayor City of Boynton Beach Javid J. Stewart 100 East Boynton Beach Boulevard Boynton Beach, FI 33435 C::ouncilmembers rom Deringer Dear Janet: ~onald s. Edwards _ynn J. Moorhouse, DDS I'm attaching two executed copies of "First Addendum to InterIocal :Iizabeth Tennyson Agreement between City of Boynton Beach and Town of Lantana for \Vater Main Interconnection". r own Manager \t1ichael Bornstein There was an additional cost of $6,184.00 over the $250,000.00 with each municipality to pay an equal pro-rata share of $3,092.00. Per the original agreement, this addendum must be executed by both municipalities in order for the Town of Lantana to be reimbursed. Win you please send us an original as soon as your Council approves so we can have it recorded. Please call me if you have any questions. T1Wnks, ,,/,.... ) ( I l .' \,~'\ {illtL/ 0' -- ~'-..~_........ DarIa Levy, CMC Town Clerk 'Lantana, an old ~/orida Community of ~riends, Families and \/eighbors. " u___ >.~-__..-'''.>____h._ __'_.__q-,<.~_.....~_,.".....o-,_~-<¥;_..." __. -. _ _,__, _ _~_,___ ..;c.r.« ,,,__,,_, < ~ ~.- -"~.......~-,--~~~--- VI.-CONSENT AGENDA ITEM C.4. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City ConunissÌOD Date Final Fonn Must be Turned m ~Dates in to Citv CJert '5 Office MeetÏD2 Dates to Citv CJert' 5 Office o August 3, 2004 (Noon.) July 19.2004 o October 5,2004 (Noon) September 20, 2004 o August 17.2004 (Noon) August 2. 2004 o October 19.2004 (Noon) October 4.2004 o September 7. 2004 (Noon) August 16. 2004 o November 3, 2004 (Noon) October 18,2004 o September 21. 2004 (Noon) September 7, 2004 181 November 16,2004 (Noon) November 1. 2004 ¡_~ . ':J '->-"-1 0· -r-< 0 -<0 (J )'1 0 Administrative 0 Development Plans M-1 r0 .- c:J '°''10 NATURE OF 181 Consent Agenda 0 New Business -J ~-< -~ AGENDA ITEM .,- 0 Public Hearing 0 Legal ~.~ .",; --f -.--"" ~-) ~ª 0 Bids 0 Unfinished Business LJ " -1~m 0 Announcement 0 Presentation ('1 --: nï oJ,> , , ,'0'1;::-' '--".j 0 City Manager's Report RECOMMENDATION: Motion to approve and authorize signing of an Agreement for Water Service Outside the City Limits with Pablo and Sanorino Moyado for the property at 7879 Terrace Rd~ Hypolux~ Florida (Tropical Terrace LT 89). EXPLANATION: The parcel covered by this agreement includes a single-family home located in Tropical Terrace. Only potable water is available for connection to the property at this time. (See location map) PROGRAM IMPACT: A Water Distribution main exists on this street, allowing for the service to this parceL No additional construction will be required by the City to serve this property. FISCAL IMPACT: None AL TERNA:, Noo.. This..... I Is wl"in ... UtòlW.. servl.. . rea. ~ City Manager's Signature Department Name XC: Dale Sugerman (wi copy ofattachments) Peter Mazzella " Michael Rumpf, Planning & Zoning " Anthony Peon " File " S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC , , I I I i ; I I I RESOLUTION NO. R04- I 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AUTHORIZING AND DIRECTING 5 EXECUTION OF AN AGREEMENT FOR \V ATER 6 SERVICE OUTSIDE THE CITY LIMITS AND 7 COVENANT FOR ANNEXATION BET\VEEN THE 8 CITY OF BOYNTON BEACH AND PABLO AND 9 SANORINO MOYADO; AND PROVIDING AN 10 EFFECTIVE DATE. 11 12 13 'VHEREAS, the subject property is located outside of the City limits, but within our 14 water and sewer service area, located at 7879 Terrace Road, Hypoluxo, Florida (Tropical 15 Terrace Lot 89); and 16 WHEREAS, the parcel covered by this agreement includes a single-family home 17 located in the Tropical Terrace area; and 18 \VHEREAS, a water distribution main exists on this street, allowing for the service , . 19 to this parcel; and I 20 \VHEREAS, No additional construction will be required by the City to serve this 21 roperty. 22 NO\V, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 23 HE CITY OF BOYNTON BEACH, FLORIDA, THAT: 24 Section 1. The foregoing "Whereas" clauses are hereby ratified and confinned as 25 eing true and correct and are hereby made a specific part of this Resolution upon adoption 26 27 Section 2. The City Commission hereby authorizes and directs the Mayor to 28 xecute a Water Service Agreement between the City of Boynton Beach, Florida and Pablo 29 d Sanorino Moyado, which Agreement is attached hereto as Exhibit "A"_ 30 Section 3. This Resolution shall become effective immediately upon passage. ':\CA\RESO\A.greements\Water Service\Moyado Water Service Agreemcnt.doc p-,--" ~ .- ,,",-- .- ,-~~ --. -------~.~._~ --- "--- I I I 1 I 2 3 4 PASSED AND ADOPTED this _ day of November, 2004. 5 6 7 CITY OF BOYNTON BEACH, FLORIDA 8 9 10 Mayor 11 12 I 13 Vice Mayor 14 15 16 Commissioner 17 18 19 Commissioner 20 21 22 Commissioner I 23 Attest: 24 25 26 City Clerk 27 28 S:\CA\RESO\Agreements\Water Service\Il.1oyado Water Service Agreement.doc TIIIS INSTRUMENT PREPARED BY: James A. Cherof, Esquire Josias & Goren, P.A. 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXA nON THIS AGREEMENT made on this ~ ò-H1lay of 0 Ct-ò be. V ,200.A, by and betweeq t, ereinafter caHed the "Customer", and the oration of the State of Florida, hereinafter called 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, 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 jurisdictionallìmits on annexation of the property to be serviced into the City at the earliest practicable time. NOW TIIEREFORE, for and in consideration of the privilege of receiving water service ftom 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 foHows: 1. The City agrees to provide è~stomer with water service rrom its Municipal Water System to service the real property described as foHows and which Customer represents is owned by Customer: (Exhibit A) 2. The Customer and the Citý hereby agree that there are Lî Equivalent Residential Connections which City shaH service. 3. 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 reguJations \ 1 ._.~..........___~__._~<_ _ F --.~-< ._-_.~-- --"~- ----._~þ-~- applicable to the installation and maintenance of water service lines upon the Customer's premises. An such lines shall be approved by the Director of Utilities and subject to inspection by the City Engineers. The City shaH have the option of either requiring the Customer to perfonn the work necessary to confonn the lines or the City may have the work performed on behalf of the Customer, in which case the Customer will pay in advance all estimated costs thereof. In the event the City has such work performed, the Customer wiIJ 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 granted by the City of Boynton Beach for other parties to connect. AIl connections shaH be made in accordance with the Codes and regulations of Boynton Beach. - 5. Title to all mains, extensions and other facilities extended rrom 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 agrees 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 changed rron1 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 shaH, 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 win infonn 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 shan 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 tIÌ<: 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. \ 2 9. Annexation is intended to be and is hereby made a covenant runÌ1ing with the land descnòed in paragraph 1 above. This Agreement and the power of attorney referenced herein is to be recorded in the Public Records of Palm Beach County, Florid~, and the Customer and all subsequent transferee, grantees, heirs or assigns of Customer shall be binding on the Customer and aU successors and assigns. 10. It is agreed that the City shall have no Jiability 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 oflocal, 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 th~ City's reasonable control. 11. The Customer 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) :trom 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 coUection) and costs rising out of or resulting :trom the Customer's obligation under or performance pursuant to this Agreement including disputes for breach of warranty of title. 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. The Customer warrants to the City that Customer holds legal and beneficial title to the property which is the subject of this Agreement. IN WITNESS WHEREOF, the parties hereto have set their hands and seals thisó1D-th day of CC-- -\-6bev , 200LJ . WITNESS: INDIVIDUAL(S) AS OWNER(S): ~~j~ 'Þai>/o µCtVot C/o Witness Sig...ature , Owner Signature ~;4~n . c¿;r'5 Pc-01ù (Ý/O~CtJü ------- ---- Printed Wiilless Name Printed Owne Name ~ "(~) Witn s Signature '- ~ U ~Kif ! .¡JvAJ(j Printed Witness Name 3 'V1.i: -....,.---.- _.,,__~O_-_,_<>- - ,- -.-"--~ - -,--~,-...--_._, ~-"-'-- :------ -.'-~ --"__.;.-.__,.......,~__....'P-_~~ "'.____.~"..,,___ c. --" ~{;Pß.:k .. Ch\D'f \(\C( go y(',d 0 Jtness SigiJature Owner Signaturè - .p)/JsItN_ Co~~/#J' C.::M n 'l <t wi. 'it, "J(¿ Printed Witness Name Printed Owner ame þ FOR INDIVIDUAL (S) NOT ARIZA TION: STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the, State 2:d . and in the County . oresaid to tal¡e acknowledgments, personaJly appeared a-ÞJ.Q! rn ò~ct{1' ,C-,' ' :'e ,_~Jp ;L! 0 to me known to be the p . n(s) described i~~and who executed the fotegoing inZ~nt that he/she acknowledged before me that he/she executed the same; that the individual was personally known to me or provided the following proof of identification: . WIlNESS my hand and official seal in the County and State last aforesaid this d Ò ~y of o r:.~ ,200Y· (Notary Seal) CBilIbilIaM.Madden ~ ht .~. ~ . $Commissien 11 DDJ25Z74 N tary Publ' ::. . ~i Bxpires juJy 19 2006 0 IC _.. t. ~ 8!$' Bonded Thru ,..,,~ft\\~ Atlantic Bonding Co.. Inc. ' WfINESS: CITY OF BOYNTON BEACH, FLORIDA Mayor ATTEST: Cit)\ Clerk . 4 STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH) 1 HEREBY CERTlFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personaUy 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 fTeely 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 dayo( , 200_. (Notary Seal) Notary Public Approved as to fonn: City Attorney ì 5 >--~ ~-- . ~ "'...__.,___...-.c ' -'- .._~_.-~ -~-~. ~.._-.-.- ....~._-,-- T_____~__~_.,>_=~ç_'___~.b .__ ~ THIS INSTRUMENT PREPARED BY: James 11.. Cherot. Esqufre JosIas & Goren, P.A. 3099 East Commen:iaI Blvd. Suite 200 Fllauderdale. Fl 33308 - IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Individuals) STATE OF FLORIDA COUNTY OF f CÀ \.1'1\ ß~Q(h I/We, pc<~ \0 fa C'et10 r"'f\O Höy;clo 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: 00 - 43- tiS -\0 - 0,7 - oDC> - ð& 90 . The powers and authority of my attorney, THE CITY OF BOYNTON BEACH, ~, FLORIDA, 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 Sealed and delivered in the presence of ~~~~J POblb jAoYado . Witness Signature Owner Signature , ,J'V~ 'f=6. b ( () IV1 C\íe-d 0 Printed Witness Name Printed Owner Name l , f{;4tU µV ~/kt-.k( I £ Printed Witness Name e-CØd:.c C!ef)O'f ; r.O f{ () va dn Owner Signature , Itness SIgnature ( ~O(; fila. µf~c\Jp do ðV.('¡}¡1./ C' U/ if Printed Witness Name Printed Owner Name ( pO ~ ~ ff?!llF ~ Printed Witness Name STATE OF FLORIDA ) ) ss: COUNTY OF PALM i:JEACH ) THE FOREGOING INSTRUMENT a.s acknowledged before me this c2 ð ~ay of ~ ,2~,by b I +- e YI D ì n 0 tld . and ' , whp are known to me or who ave produced , as identification and who did/did noHake an oath. ~ Á· h1-d/Z&c. NOTARY PUBLIC '- Type or Print Name ....~~~~',~,,#. Barb~a M. Madden Commissiòri\No. !: \t'nrnm1adon # DD125274 My Commission Expires: . Bonded 1bru POA.lND Atlantic Bonding Co., Inc. . - ~'i'l-[ ~ ð_._____~__,_._-, -, - -~..-.~~~-"'--- .-"-_. >_ O~",___ ~>__~____>-____ ____"'----'-_'-n·.. Palm Beach County Property Appraiser Property Search System Page] of2 '~~'7'?;~';;~10~0N':;':}(V'~iï r; r3'. ~;? =\ - - P'roplHty Appraise rJ s P;.: b\I'~ A ~'-' f~.S S 'l S T e "1 ~,~";rc~~___T' ~:~......' d 'if' : ~ ;¡~ ò . r, · .. . Property Information Location Address: 7879 TERRACE RD Municipality: UNINCORPORATED Parcel Control Number: 00-43-45-10-07-000-0890 Subdivision: TROPICAL TERRACE IN Official Records Book: 11138 Page: 1983 Sale Date: May-1999 LeQal Description: TROPICAL TERRACE LT 89 Owner Information Name: MOYADO PABLO ~~«~'l Mailing Address: 7879 TERRACE RD LAKE WORTH FL 33462 6145 Sales Information Sales Date Book Page Price Sale Type Owner I~~'~~I May-1999 11138 1983 $48,500 WARRANTY DEED MOYADO PABLO Sep-1998 10652 1176 $28,000 WARRANTY DEED Sep-1998 10745 1616 $100 WARRANTY DEED CO GRP INC Exemptions Regular Homestead $25,000 Year of Exemption: 2004 Total: $25,000 Appraisals Tax Year: 2004 P Tax Year 2004 Improvement Value: $37,09 Number of Units: 1 Land Value: $15,66 *Total Square Feet: 900 Total Market Value: $52 76 Use Code: 0100 * in residential propedies may indicate living area. P = Preliminary Values Assessed and Taxable Values Tax Year: 2004 P 2003 2002 Assessed Value: $32,811 $32,19 $31,44~ '-' Exemption Amount: $25,000 $25,00 $25,OOC Taxable Value: $7,811 $7,19 $6,,44/ Tax Values Tax Year: 2002 Ad Valorem: $12 Non Ad Valorem: $18 Total Tax: $31 ~ Record Search I Information I Exemptions I CommuJilly I çmplovment I New Home Buver I OffICe Locations http://www.co.palm-beach.fl.us/papa/aspxlweb/detail_info.aspx?p _ entity=0043451 00700... ] 0/18/2004 All Owner Page 1 of 1 All Owner(s) PeN Number: 00-43-45-10-07~OO-0890 Owner Names MOYADO PABLO MOYADO SANORINO lI'i;"~¡P"'~;i"'<"""""1 ,'''''''''';''';;;¡'i~'''';''''';;'''''1 http://www.co.palm-beach.fl.uslpapa/aspx/web/alIOwner.aspx?entity _id=00434510070oo... 10/20/2004 .- ~ _...........~,-~-,_. ~~-->< -~-~-~---. - ~ ._~__.;...___~_,,__~__._~_~" 0__-">'.- " -, ""'"-..~ «~~;;:'J;i'A'.,;;~.,dJ<'b."{~k~ -:-- The SUJlslìÌne State -- ¥;~~~::>~ _._ UCEMSE trUAeER 'Wlf M300-100-71-141-0 1r"~~_, Z{CENORINA'MOYADO ;; 7fh9 TEARACE ROAD i LANTANA, Fl 33461.0000 9IRTH DI\'Æ $EX HGT, REST. ENDOA5E. 0441-71 M 5-OØ I$SUED EXPIRES IJIJ'LlCA'Æ < 12-19-00 ¡w,..21~ oo.œ.ÐO ,..o,~ -ií¡ SlIFE DRIVER 2180:/17 of a """'" vehicle consti1uIes consent In any S!:Ibnety test requiled by law -.-;.~ - T/-.- n _____ fit: .,)l!ilSÍlÙh' Sf' . '. , M LIC~~R .arC _ PAst 300-66O-68_005..() o MOYAl)( 7ð79~ RÐ lANTANA. FI. ~ BIR1} DAn; "-œ.sa SEJ( HeT At 'REST, ENoonsE ~~ 54s , ' , . 'f3.~ E'~$ '::: ;<f.oY":"l -..; ~ ofa"""ar ~ t ~ es~Io~SObriety test~by""". ~.--...- II" I " . ·,,¡·.;).¡)flJ VOl I 0830 i--- ... --- 1170 1340 1 in. = 118,8 feet (1160 0341 0660 - - 1160 1350 - 0850 0150 0641 1360 '. .. 0360 1140 0140 ¡.,. 1"'"\ 1370 i9C 158(] 1560 ,~ 0631 It ~ 0810 0371 ~ - 0130 1380 ~ '-"! 1120 -, - 9( 0120 0390 1390 B 1 0511 0560 061 ':-'fJ -, ~ !fª -11 ... 010074 L-.~ ~ ~~ ~ 1110 1 .~ 1400 .. --- ..- 0410 0600 0910 1100 1 1-' )520 )54(] )55(J 0420 0590 0920 1090 1411 1 0080 0430 0930 1430 1~ 0510 1010 )28(J )27(J 26CJ 0070 0440 0940 1440 -" 0450 0560 0950 1060 1450 15 0050 .. 0960 1050 1460 0540 ,... ,561 ;: 1040 15 CI030 0970 1470 ~ ~ 0530 1030 15 1560 -' 010 , f 0020 )01( f 0510 0990 1000 1010 1020 1490 1510 ~ ..,¡ P'III t /: . . RD R f" ,-: a ." 0 0010 I 3060 0 0040 !! I '" I r T J . , , ..,'" ,- -~ - , Location Map - Exhibit "A" -. .- -, .-- ~--- "- -"<-.--------.-,...._< ----~ - " . VI.-CONSENT AGENDA ITEM C.S. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned in Meeting Dates in to City Clerk's Office Meeting Dates to City Clerk's Office D August 3, 2004 (Noon.) July ]9,2004 D October 5, 2004 (Noon) September 20,2004 D Augustl7,2oo4 (Noon) August 2, 2004 D October 19,2004 (Noon) October 4,2004 D September 7, 2004 (Noon) August ]6, 2004 o November 3, 2004 (Noon) October 18,2004 ":"¡ - (>.".., '.', mj D September 21. 2004 (Noon) September 7, 2004 [XI November 16,2004 (Noon) November I, 2004 =--~<-;-, [J -<'_J CJ C) '1 ..\ - -.':) r---) '. :.:J D Administrative D Development Plans \.J:=t ·-t -'" . . ---, I~-~~: ~.¿~ NATURE OF [XI Consent Agenda D New Business 7~ (j~ ~:i AGENDA ITEM D D ~=~~ ~o:: Public Hearing Legal C) ~~ (.g D Bids D Unfinished Business .r-- (-;> .¡::- I":~ D Announcement D Presentation - ..... D City Manager's Report RECOMMENDATION: Approve and execute, via a Resolution, the agreement (two originals) between Florida Communities Trust (FCT) and the City to provide partial reimbursement for the acquisition ofthe Jaycee Park property from Florida Inland Navigation District (F.I.N.D.). EXPLANATION: The City recently purchased the Jaycee Park property from F.I.N.D. for $3,400,000 (plus closing costs). To assist with the expense, the City applied for, and was awarded a grant from Florida Communities Trust. To receive the funding, the City must enter into an agreement that sets forth conditions that must be satisfied and accept restrictions that are required to receive Florida Forever Funds. The City must prepare a Management Plan for Jaycee Park, designate the site as open space, conservation or outdoor recreation use, erect a sign (provided by FCT) for permanent display and provide annual stewardship reports to Florida Communities Trust. PROGRAM IMPACT: City will develop the property as described in the conceptual plans within five years, developing, operating and maintaining the project for boating, fishing and Intracoastal Waterway access for use by the general public. FISCAL IMPACT: By entering into this agreement, Florida Communities Trust will reimburse the City 50% of the final project cost ($3,420,317.00 includes purchase price and closing costs). Total reimbursement $1,710,158.50 AL TERNA TlVES: Do not accept the grant award. ~ ~. Department Head's Signature D C1iiC-geT'S S;gnatu<c Recreation & Parks Department Name City Attorney I Finance I Human Resources .... ._~_~~_....~~_.. r~" ~~~. ~~~_ r__....._~_~_~__ ,_~~ · , I I ! 1 RESOLUTION NO. R 04- 2 3 A RESOLUTION OF THE CITY COMMISSION OF THE 4 CITY OF BOYNTON BEACH, FLORIDA, 5 AUTHORIZING THE EXECUTION OF THE 6 AGREEl\tlENT BETWEEN THE CITY OF BOYNTON 7 BEACH AND THE FLORIDA COMMUNITIES TRUST 8 (FCT) PROVIDING $1,710,158.50 (50% 9 REI1\IBURSEl\fENT) OF THE FINAL PROJECT COSTS 10 TO\VARDS THE ACQUISITION OF JAYCEE PARK 11 PROPERTY FROl\tI FLORIDA INLAND NAVIGATION 12 DISTRICT (F.I.N.D.); AND PROVIDING AN 13 EFFECTIVE DATE. 14 15 16 \VHEREAS, the City has desired to retain the 5.57 acres as park property and 17 negotiated with F.I.N.D. to purchase the property for $3,400,000 (plus closing costs); and 18 19 'VHEREAS, to assist with expenses the City applied for and was awarded a grant I 20 rrom Florida Communities Trust; and 21 22 'VHEREAS, to receive the funding, the City must enter into an agreement that sets 23 forth conditions that must be satisfied and accept restrictions that are required; 24 25 \VHEREAS, upon recommendation of staff, the City Commission has determined 26 that it is in the best interests ofthe residents of the City to execute an Agreement between the 27 lorida Communities Trust to provide $1,710,158.50 which is 50% reimbursement of the 28 final project costs for the acquisition of the Jaycee Park property rrom Florida Inland 29 Navigation District; 30 31 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 32 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 33 34 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 35 eing true and correct and are hereby made a specific part of this Resolution upon adoption 36 ereof 37 38 Section 2. The City Commission of the City of Boynton Beach, Florida does 39 hereby authorizing execution of the Agreement with the Florida Communities Trust, which is 40 attached hereto as Exhibit "A". 41 42 43 44 45 46 47 48 S:\CA\RESO\Agreemenls\Jaycee Park Funding from FCT.doc I 1 , 2 3 4 5 PASSED AND ADOPTED this _ day of November, 2004. 6 7 CITY OF BOYNTON BEACH, FLORIDA 8 9 10 Mayor 11 12 13 Vice Mayor 14 15 16 Commissioner 17 18 19 Commissioner 20 21 22 Commissioner 23 24 25 TTEST: 26 27 28 29 City Clerk 30 31 32 :\CA\RESO\Agreements\Jaycee Park Funding from FCT.doc c:~ i ""-;'J- FCT Contract Number - -CT- FLORIDA COMMUNITIES TRUST 04-023-FF4 JA YCEE PARK ACQUISITION CSF A # 52002 GRANT CONTRACT THIS AGREEMENT is entered into by and between the FLORIDA COMMUNITIES TRUST ("FCT"), a non-regulatory agency within the State of Florida Department of Community Affairs, and CITY OF BOYNTON BEACH, a local government of the State of Florida ("Recipient"). THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING FACTS: WHEREAS, the intent of this Agreement is to impose tenus and conditions on the use of the proceeds of certain bonds, hereinafter described, and the lands acquired with such proceeds ("Project Site"), that are necessary to ensure compliance with applicable Florida law and federal income tax law and to otherwise implement the provisions of Sections 259.105, 259.1051 and Chapter 380, Part III, Florida Statutes; WHEREAS, Chapter 380, Part III, Fla. Stat., the Florida Communities Trust Act, creates a non-regulatory agency within the Department of Community Affairs ("Department") which will assist local governments in bringing into compliance and implementing the conservation, recreation and open space, and coastal elements of their comprehensive plans or in conserving natural resources and resolving land use conflicts by providing [mancial assistance to local governments and nonprofit environmental organizations to carry out projects and activities authorized by the Florida Communities Trust Act; WHEREAS, FCT is funded through either Section 259.105(3)(c), Fla. Stat. of the Florida Forever Act, which provides for the distribution of twenty-two percent (22%), less certain reductions, of the net Florida Forever Revenue Bond proceeds to the Department, or any other revenue source designated by the Florida Legislature to provide land acquisition grants to local governments and nonprofit environmental organizations for the acquisition of community-based projects, urban open spaces, parks and greenways to implement local comprehensive plans; WHEREAS, the Florida Forever Revenue Bonds are issued as tax-exempt bonds, meaning the interest on the bonds is excluded from the gross income of bondholders for federal income tax purposes; WHEREAS, Rule Chapter 9K-7, Florida Administrative Code ("F.A.C.") sets forth the procedures for the evaluation and selection of lands proposed for acquisition and Rule Chapter 9K-8, F.A.C. sets forth the acquisition procedures; WHEREAS, on September 1, 2004 the FCT Governing Board scored, ranked and selected projects to receive approval for funding; 04-023-FF4 October 20, 2004 Reimbursement -1- WHEREAS, the Recipient's project, described in an application submitted for evaluation, was selected for funding in accordance with Rule Chapter 9K-7, F.A.C., and by executing this Agreement the Recipient reaffirms the representations made in its application; WHEREAS, Rule 9K-7.009(l), F.A.C. authorizes FCT to impose conditions for funding on those FCT applicants whose projects have been selected for funding; WHEREAS, Rule 9K-7.003(5) F.A.C., recognizes real property owned by the Recipient and included in the application as part of the Project Site as an eligible source of Match, provided that the real property is acquired by the Recipient within 18 months after the application deadline for which the application was made. The date of this application deadline was MAY 5, 2004; WHEREAS, the Recipient will acquire fee simple title to the entire Project Site prior to (Insert daters}) from FI o~í de... Tn tc:AA d }j~V ¡ 5 o..-h ~D-¡'S-\-íl c+ (Insert namefs]); WHEREAS, the Recipient will request disbursement of FCT Florida Forever Bond proceeds, subsequent to acquiring the Project Site, for the reimbursement of Project Costs expended by the Recipient for the acquisition of the Project Site; and WHEREAS, the purpose of this Agreement is to set forth the conditions that must be satisfied by the Recipient prior to the disbursement of any FCT Florida Forever funds awarded, as well as the restrictions that are imposed on the Project Site subsequent to reimbursing the Recipient for Project Costs. NOW THEREFORE, FCT and the Recipient mutually agree as follows: I. PERIOD OF AGREEMENT 1. This Agreement shall begin upon the Recipient's project being selected for funding and shall end JUNE 1,2005 ("Expiration Date"), unless extended as set forth below or unless terminated earlier in accordance with the provisions of Article XIII of this Agreement. 2. FCT may extend this Agreement beyond the Expiration Date if the Recipient demonstrates that significant progress is being made toward Project Plan approval or that extenuating circumstances warrant an extension of time. A request for an extension shall fully explain the reason for the delay and why the extension is necessary and shall be provided to FCT in accordance with paragraph V.I. prior to the Expiration Date. If the Recipient does not request an extension, or if a requested extension is not granted by FCT, the Recipient's award shall be rescinded and this Agreement shall terminate. 04-023-FF4 October 20, 2004 Reimbursement -2- II. MODIFICATION OF AGREEMENT 1. Either party may request modification of the provisions of this Agreement at any time. Changes which are mutually agreed upon shan be valid only when reduced to writing and duly signed by each of the parties hereto. Such amendments shall be incorporated into this Agreement. III. DEADLINES 1. At least two original copies of this Agreement shall be executed by the Recipient and returned to the FCT office at 2555 Shumard Oak Boulevard, Tallahassee, FL 32399-2100, as soon as possible and before NOVEMBER 22, 2004. If the Recipient requires more than one original document, the Recipient shall photocopy the number of additional copies needed and then execute each as an original document. Upon receipt of the signed Agreements, FCT shall execute the Agreements, retain one original copy and return all other copies that have been executed to the Recipient. 2. The Recipient and its representatives shall know of and adhere to all project deadlines and devise a method of monitoring the project. Deadlines stated in this Agreement, as well as deadlines associated with any FCT activity relating to the project, shall be strictly enforced. Failure to adhere to deadlines may result in delays in the project, allocation of time or resources to other recipients that respond timely or the termination of this Agreement by FCT. 3. The Recipient shall submit the documentation required by this Agreement to FCT as soon as possible so that the Project Costs may be reimbursed in an expeditious manner. 4. The Recipient shall provide a monthly status report to FCT of its progress towards reimbursement of the Project Costs. 5. The Recipient shall provide the appraisal(s) required by 9K-8.007, F.A.C. to FCT for review by a date not to exceed ninety (90) days after the Recipient's project is selected for funding. The appraisals shall be reviewed and, upon approval, the Maximum Approved Purchase Price ("MAPP"), as provided in Rule 9K-8.007(5) and (6), F.A.C., shall be determined. IV. FUNDING PROVISIONS 1. The FCT Florida Forever award granted to the Recipient ("FCT Award") will in no event exceed the lesser of Fifty Percent (50%) of the fmal Project Costs, as defmed in Rule 9K-7.002(29), F.A.C., or One Million Seven Hundred Thirteen Thousand Dollars And Zero Cents ($1,713,000.00), unless FCT approves a different amount after determination of the MAPP, which shall be reflected in an addendum to this Agreement. The FCT Award is based on the Recipient's estimate of final Project Costs in its application, as well as the Limitation of Award provided in Rule 9K-7.003(3), F.A.C. and advertised in the 04-023-FF4 October 20, 2004 Reimbursement -3- -> --- . ,~'__"";~"'_'~->~._"'-h___J__."__~_____'_'. ~~-~..._~~=~~-----.~_._._._.- - --,. Notice of Application. When disbursing the FCT Award, FCT shall recognize only those Project Costs consistent with the definition in Rule 9K-7.002(29), F.A.C. FCT shall participate in the land cost at either the actual purchase price or the MAPP, whichever is less, multiplied by the percent stated in the above paragraph. 2. The FCT Governing Board selected the Recipient's application for funding in order to acquire the entire Project Site identified in the application. FCT reserves the right to withdraw or adjust the FCT Award if the acreage that comprises the Project Site is reduced or the project design is changed so that the objectives of the acquisition cannot be achieved. FCT shall consider any request for Project Site boundary modification in accordance with the procedures set forth in Rule 9K-7.01O, F.A.C. If the Project Site is comprised of multiple parcels and multiple owners, an Acquisition Plan, as defined in 9K-7.002(2), F.A.C., was required in the application. FCT reserves the right to withdraw or adjust the FCT Award if the priority parcel(s) or a significant portion of the Project Site identified in the Acquisition Plan cannot be acquired. 3. The FCT A ward shall be delivered either in the fonn of Project Costs prepaid by FCT to vendors or in the fonn of a State of Florida warrant to the Recipient. The FCT Award shall only be delivered after FCT approval of the Project Plan and Project Site acquisition tenns. FCT shall prepare a grant reconciliation statement prior to the reimbursement that evidences the amount of Match provided by the Recipient, if any is required, and the amount of the FCT Award. Funds expended by FCT for Project Costs shall be recognized as part of the FCT Award on the grant reconciliation statement. 4. If a Match is required, it shall be delivered in an approved fonn as provided in Rule 9K-7.002(22), F.A.C. If the value of Pre-acquired land, as defmed by Rule 9K-7.002(28), or donated land is the source of the Match, the MAPP shall detennine the value of the Match. Funds expended by the Recipient for Project Costs shall be recognized as part of the Match on the grant reconciliation statement. 5. By executing this Agreement, the Recipient affmns that it is ready, willing and able to provide a Match, if any is required. 6. If the Recipient is the local government having jurisdiction over the Project Site, and an action by the Recipient subsequent to the FCT Governing Board selection meeting results in a governmentally derived higher Project Site land value due to an enhanced highest and best use, this Agreement shall be tenninated unless the Recipient agrees that the appraisal(s) will be based on the highest and best use of the Project Site on or before the FCT Governing Board selection meeting. 7. FCT's perfonnance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Florida Legislature, and is subject to any modification in accordance with Chapter 216, Fla. Stat. or the Florida Constitution. 04-023-FF4 October 22, 2004 Reimbursement -4- V. NOTICE AND CONTACT 1. All notices provided under or pursuant to this Agreement shall be in writing and delivered either by hand delivery or first class, certified mail, return receipt requested, to: Florida Communities Trust 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 2. An contact and correspondence from FCT to the Recipient shall be through the key contact. Recipient hereby notifies FCT that the fonowing administrator, officer or employee is the authorized key contact on behalf of the Recipient for purposes of coordinating project activities for the duration of the project: Name: \A/cd \ ~ ~1c¡,"}o fS TitJe:\(eaeo:-h'CM Qnd Poxk. ·b\(ec+c ~ Address: P,O. DO>' 3iO &'n-\-ûY\ ß€Qc.h FL33435 Phone: 5~ i - 742- - 0-;),,5 S Fax: 50i -/42 ~0:2-~-3 E-mail: Vlct~c.l(sw@ c¡ .bc)''",f1V\ -be(u:.~.ÇI.L><; 3. The Recipient authorizes the administrator, employee, officer or representative named in this paragraph to execute an documents in connection with this project on behalf of the Recipient, including, but not limited to, the Grant Contract or any addenda thereto, grant reconciliation statement, statements submitted as a part of the Project Plan and Declaration of Restrictive Covenants. Name: VJedt'l IVI q ) eN S Title: Rec,ea.:h.ùn Q.l'\cÂ ParKS })ì(<2-d-uv Address: P.O. ßo'J 3\0 ~ n-ffir\ ß~aC-h\FL 334-35 Phone: š0 - ì 4'2- -lp). S5 Fax: 5bl- 74'2 -to 2. '33 Email: &} MS w@ e...~ I ba'1~ - kCtÓ\J~ . U\ 04-023- FF 4 October 22, 2004 Reimbursement -5- J ___,_.._____ ___"__~__~.__ __~__ __~___._._ __>_ . __ _ __~T_________y.'__.__ ,__~.">-__~____'___~_"_,__ . ~_._--------~. 4. In the event that different representatives or addresses are designated for either paragraph 2. or 3. above after execution of this Agreement, notice of the changes shall be rendered to FCT as provided in paragraph 1. above. 5. The Recipient hereby notifies FCT that the Recipient's Federal Employer Identification Number(s) is 5q -£>000282- VI. PROJECT PLAN APPROVAL; PRE-CLOSING REQUIREMENTS 1. Prior to the final disbursement of the FCT A ward, the Recipient shall submit to FCT and have approved a Project Plan that complies with Rule 9K-8.011, F.A.C. The Project Plan shall not be considered by FCT unless it is organized with a table of contents and includes all of the following documents to ensure that the interest of the State of Florida will be protected: a. Closing documents associated with the parcel(s): (1) A copy of the Purchase Agreement(s) for sale and purchase of the parcel(s) between Recipient and '1=-\ úv-ì d~ T'0k.lV"ld No.V¡-JG\tion Di'S+,..¡C+ (Insert name[s] ofSeller[s]). (2) A copy of closing statements from Buyer( s) and Seller( s) for the purchase of the parcel(s). (3) A copy of the recorded deed(s) evidencing conveyance of title to the parcel(s) to the Recipient. (4) Certified survey(s) of the parceJ(s) that meets the requirements of Rule 9K-8.006, F.A.C., and is dated within ninety (90) days of the date of acquisition of the parcel( s) by Recipient. (5) A copy of the title insurance poJicy(s) evidencing marketable title in Recipient to the parcel(s) and effective the date of acquisition of the parceJ(s) by the Recipient, including a statement from the title insurer as to the minimum promulgated rate if premium was paid by Recipient, and all documents referenced in the title policy(s). (6) Environmental site assessment(s) of the parcel(s) certified to the Recipient, which meets the standards and requirements of ASTM Practice E 1527, and with a date of certification within ninety (90) days of the date of acquisition of the parcel(s) by Recipient, together with the statement required by Rule 9K-8.0l2(4), F.A.C. 04-023-FF4 October 22, 2004 Reimbursement -6- b. A letter from FCT indicating approval of the Management Plan written in accordance with Rule 9K-7.011, F.A.C. and as described in Article VII below. c. A statement of the Project Costs. d. A statement of the amount of the award being requested rrom FCT. e. Supporting documentation that the conditions imposed as part of this Agreement have been satisfied. f. A signed statement by the Recipient that the Recipient is not aware of any pending criminal, civil or regulatory violations imposed on the Project Site by any governmental agency or body. g. A signed statement by the Recipient that all activities under this Agreement comply will all applicable local, state, regional and federal laws and regulations, including zoning ordinances and the applicable adopted and approved comprehensive plan. h. Additional documentation as may be requested by FCT to provide Reasonable Assurance, as set forth in paragraph VIlA. below. 2. FCT shall approve the terms under which the interest in land is acquired pursuant to Section 380.510(3), Fla. Stat. Such approval is deemed given when FCT approves the Project Plan containing a copy of the document(s) vesting title to the Project Site in the Recipient. 3. All real property shall be obtained through a Voluntarily-Negotiated Transaction, as defined in Rule 9K-7.002(41). The use of or threat of condemnation is not considered a Voluntarily-Negotiated Transaction. 4. All invoices for Project Costs, with proof of payment, shall be submitted to FCT and be in a detail sufficient for a proper audit thereof. 5. The Recipient may, and is strongly encouraged to, request a courtesy review of its Project Plan prior to its submission for approval. 6. Reimbursement for Project Costs shall not occur until after FCT approval of the Project Plan. VII. MANAGEMENT PLAN; ANNUAL STEWARDSHIP REPORT 1. Prior to approval of the Project Plan and final disbursement of the FCT A ward, the Recipient shall submit to FCT and have approved a Management Plan that complies with Rule 04-023-FF4 October 22, 2004 Reimbursement -7- _.-, ___ _ .___.____~__._~___~_~__o_.___ __ ._","_______,_._.__ '^ ~,_~_ ~_._O~~~__"~~~_-_~-._I__~ 9K -7.011, F .A.C. and addresses the criteria and conditions set forth in Articles VII, VIII, IX, X, and XI herein. 2. The Management Plan explains how the Project Site will be managed to further the purposes of the project and meet the tenns and conditions of this Agreement. The Management Plan shall include the following: a. An introduction containing the project name, location and other background infonnation relevant to management. b. The stated purpose for acquiring the Project Site as proposed in the application and a prioritized list of management objectives. c. The identification of known natural resources including natural communities, listed plant and animal species, soil types, and surface and groundwater characteristics d. A detailed description of all proposed uses including existing and proposed physical improvements and the impact on natural resources. e. A detailed description of proposed restoration or enhancement activities, if any, including the objective of the effort and the techniques to be used. f. A scaled site plan drawing showing the project site boundary, existing and proposed physical improvements and any natural resource restoration or enhancement areas. g. The identification and protection of known cultural or historical resources and a commitment to conduct surveys prior to any ground disturbing activity, if applicable. h. A description of proposed educational displays and programs to be offered, if applicable. l. A description of how the management will be coordinated with other agencies and public lands, if applicable. J. A schedule for implementing the development and management activities of the Management Plan. k. Cost estimates and funding sources to implement the Management Plan. 3. If the Recipient is not the proposed managing entity, the Management Plan shall include a signed agreement between the Recipient and the managing entity stating the managing 04-023-FF4 October 22, 2004 Reimbursement -8- entity's willingness to manage the site, the manner in which the site will be managed to further the purpose(s) of the project and the identification of the source of funding for management. In the event that the Recipient is a partnership, the Recipient shall also provide FCT with the interlocal agreement that sets forth the relationship among the partners and the fiscal and management responsibilities and obligations incurred by each partner for the Project Site as a part of its Project Plan. 4. To ensure that future management funds will be available for the management of the site in perpetuity pursuant to Section 259.105 and Chapter 380, Part III, Fla. Stat., the Recipient(s) shall be required to provide FCT with Reasonable Assurance, pursuant to Rule 9K- 7.002(32), F.A.C., that it has the financial resources, background, qualifications and competence to manage the Project Site in perpetuity in a reasonable and professional manner. Where the Recipient does not include at least one Local Government, FCT may require the Recipient to do one, or more, of the following: post a performance or other bond in an amount sufficient to ensure that the Project Site shall be reasonably and professionally managed in perpetuity; establish an endowment or other fund in an amount sufficient to ensure performance; provide a guaranty or pledge by the Local Government, in whose jurisdiction the Project Site is located, which shall require the Local Government to take over the responsibility for management of the Project Site in the event the Recipient is unable to, and may require the Local Government to be a named co-signer on the Declaration of Restrictive Covenants; or provide such other assurances as the Governing Board may deem necessary to adequately protect the public interest. 5. The Recipient shall, through its agents and employees, prevent the unauthorized use of the Project Site or any use thereof not in conformity with the Management Plan approved by FCT. 6. All buildings, structures, improvements and signs shall require the prior written approval ofFCT as to purpose. Further, tree removal, other than non-native species, and major land alterations shall require the written approval ofFCT. The approvals required from FCT shall not be unreasonably withheld upon sufficient demonstration that the proposed structures, buildings, improvements, signs, vegetation removal or land alterations will not adversely impact the natural resources of the Project Site. FCT's approval of the Recipient's Management Plan addressing the items mentioned herein shall be considered written approval ftom FCT. 7. As required by Rule 9K-7.0I3, F.A.C., each year after FCT reimbursement of Project Costs the Recipient shall prepare and submit to FCT an annual stewardship report that documents the progress made on implementing the Management Plan. VIII. SPECIAL MANAGEMENT CONDITIONS In addition to the Management Plan conditions already described in this Agreement, which apply to all sites acquired with FCT funds, the Management Plan shall address the following conditions that are particular to the Project Site and result ftom either commitments made in the application 04-023-FF4 October 22, 2004 Reimbursement -9- ~-,--,~~. . w_~.n - -- '-'--~'~"""""'~"""""',-......-~--~._~~--~ -~ -----~-----~"~-,--<-->--~-'"-._- ~_«._'""_..___c.-__._o~___c·_·to· .. -_...,-~. . that received scoring points or observations made by FCT staff during the site visit described in Rule 9K-7.009(l), F.A.C.: 1. Two or more resource-based outdoor recreational facilities including a picnic pavilion and fishing pier and two or more user-oriented outdoor recreational facilities including a playground and bocce ball courts shall be provided. The facilities shall be located and designed to have minimal impacts on natural resources on the project site. 2. A permanent recognition sign, a minimum size of 4' x 6', shall be maintained in the entrance area of the project site. The sign shall acknowledge that the project site was purchased with funds from the Florida Communities Trust Florida Forever Program and the City of Boynton Beach. 3. At least 24 regularly scheduled and ongoing educational classes or programs that promote the protection of natural resources shall be provided at the project site. 4. Interpretive signage shall be provided to educate visitors about the natural resources and unique history of the Project Site. 5. A survey of the natural communities and plant species on the project site shall be conducted prior to the development of the project site. The survey shall be used during development of the site to ensure the protection, restoration, and preservation of the natural communities on the project site 6. The wetland communities that occur on the project site shall be preserved, enhanced, and appropriately managed to ensure the long-term viability of these communities. 7. The project site shall be managed in a manner that protects and enhances habitat for listed wildlife species that utilize or could potentially utilize the project site, including listed wading birds. The development of the management plan shall be coordinated with the Fish and Wildlife Conservation Commission's Office of Environmental Services to ensure the preservation and viability of listed and non-listed native wildlife species and their habitat. Periodic surveys shall be conducted oflisted species using the project site. 8. Any proposed stormwater facility for the project site shall be designed to provide recreation open space or wildlife habitat. 9. A comprehensive landscaping plan will be developed for the project site. The landscaping plan will make significant use of native plants. 10. Approximately 1 acre of disturbed wetlands shall be restored to a natural condition in terms of biological composition and ecological function. The invasive exotic vegetation will be removed and the area replanted with native mangrove vegetation. 04-023-FF4 October 22, 2004 Reimbursement -10- 11. An ongoing monitoring and control program for invasive vegetation including exotic (non-native) and nuisance native plant species shall be implemented at the project site. The objective of the control program shall be the elimination of invasive exotic plant species and the maintenance of a diverse association of native vegetation. The management plan shall reference the Exotic Pest Plant Council's List of Florida's Most Invasive Species to assist in identifying invasive exotics on the project site. 12. A feral animal removal program shall be developed and implemented for dogs, cats, Muskovy ducks, and other non-native wildlife that may be found on the project site. 13. Prior to the commencement of any proposed development activities, measures will be taken to determine the presence of any archaeological sites. All planned activities involving known archaeological sites or potential site areas shall be closely coordinated with the Department of State, Division of Historic Resources in order to prevent the disturbance of significant sites. 14. Major site improvements, including the boat docks and fishing pier shall be located in such a manner that these facilities will have minimal impact on the natural resources on the project site. 15. Boating facilities at the project site shall be limited to day use boat slips. The management plan shall include provisions to protect seagrass, manatees, and wading bird habitat within the riparian area. 16. Pedestrian and bicycle access to the project site shall be promoted through the provision of pedestrian oriented walkways and bicycle facilities that link the project site with adjacent residential neighborhoods. 17. The project site shall be managed as part of the City's Greenways/Bikeways Plan by providing a destination point and trailhead facilities. 18. Proposed site improvements shall be designed and located to minimize or eliminate the long-term risk of storm damage or flooding in conjunction with appropriate hazard mitigation agencies or experts. 19. The requirements imposed by other grant program funds that may be sought for activities associated with the project site shall not conflict with the terms and conditions of this award. IX. DECLARATION OF RESTRICTIVE COVENANTS REQUIREMENTS IMPOSED BY CHAPTER 259 AND CHAPTER 380, PART III, FLA. STAT. 1. Each parcel in the Project Site to which the Recipient acquires title shall be subject to a Declaration of Restrictive Covenants describing the parcel and containing such 04-023-FF4 October 22, 2004 Reimbursement -11- ~~....~. ---,,*-'~""--~' " _~_~~_~.-...__"';'<__'~___" c____ .o_~. < --_.-..>-" ., ____·____·_4~ covenants and restrictions as are, at a minimum, sufficient to ensure that the use of the Project Site at aH times complies with Sections 375.051 and 380.510, Fla. Stat.; Section ll(e), Article VII of the Florida Constitution; the applicable bond indenture under which the Bonds were issued; and any provision of the Internal Revenue Code or the regulations promulgated thereunder that pertain to tax exempt bonds. The Declaration of Restrictive Covenants shaH contain clauses providing for the conveyance of title to the Project Site to the Board of Trustees of the Internal Improvement Trust Fund ("Trustees"), or a nonprofit environmental organization or government entity, upon failure to comply with any of the covenants and restrictions, as further described in paragraph 3. below. 2. The Declaration of Restrictive Covenants shall also restate the conditions that were placed on the Project Site at the time of project selection and initial grant approval. The Declaration of Restrictive Covenants shall be executed by FCT and the Recipient at the time of reimbursement of Project Costs and shaH be recorded by the Recipient in the county(s) in which the Project Site is located. 3. If any essential term or condition of the Declaration of Restrictive Covenants is violated by the Recipient or by some third party with the knowledge of the Recipient, the Recipient shaH be notified of the violation by written notice given by personal delivery, registered mail or registered expedited service. The recipient shall diligently commence to cure the violation or complete curing activities within thirty (30) days after receipt of notice of the violation. If the curing activities can not be reasonably completed within the specified thirty (30) day time frame, the Recipient shall submit a timely written request to the FCT Program Manager that includes the status of the current activity, the reasons for the delay and a time rrame for the completion of the curing activities. FCT shall submit a written response within thirty (30) days of receipt of the request and approval shall not be unreasonably withheld. It is FCT's position that all curing activities shall be completed within one hundred twenty (120) days of the Recipient's notification of the violation. However, if the Recipient can demonstrate extenuating circumstances exist to justify a greater extension of time to complete the activities, FCT shall give the request due consideration. If the Recipient fails to correct the violation within either (a) the initial thirty (30) day time rrame or (b) the time rrame approved by FCT pursuant to the Recipient's request, fee simple title to all interest in the Project Site shall be conveyed to the Trustees unless FCT negotiates an agreement with another local government, nonprofit environmental organization, the Florida Division of Forestry, the Florida Fish and Wildlife Conservation Commission, the Department of Environmental Protection or a Water Management District, who agrees to accept title and manage the Project Site. FCT shall treat such property in accordance with Section 380.508(4)(e), Fla. Stat. x. GENERAL OBLIGATIONS OF THE RECIPIENT AS A CONDITION OF PROJECT FUNDING 1. The interest acquired by the Recipient in the Project Site shall not serve as security for any debt of the Recipient. 04-023-FF4 October 22, 2004 Reimbursement -12- 2. If the existence of the Recipient terminates for any reason, title to the Project Site shall be conveyed to the Trustees unless FCT negotiates an agreement with another local government, nonprofit environmental organization, the Florida Division of Forestry, the Florida Fish and Wildlife Conservation Commission, the Deparbnent of Environmental Protection or a Water Management District who agrees to accept title and manage the Project Site. 3. Following the reimbursement of Project Costs, the Recipient shall ensure that the future land use designation assigned to the Project Site is for a category dedicated to open space, conservation or outdoor recreation uses, as appropriate. If an amendment to the applicable comprehensive plan is required, the amendment shall be proposed at the next comprehensive plan amendment cycle available to the Recipient subsequent to the reimbursement of Project Costs. 4. FCT staff or its duly authorized representatives shall have the right at any time to inspect the Project Site and the operations of the Recipient at the Project Site. 5. The Project Site shall permanently contain one sign, provided by FCT, recognizing Fcr s role in the acquisition of the Project Site. The cost of shipping the sign shall be deducted from the FCT A ward, as reflected on the grant reconciliation statement. For a Project Site where the FCT A ward is divided into more than one closing, the cost of the sign shall be deducted from the grant reconciliation statement containing the first parcel to close. The sign shall be displayed at the Project Site within ninety (90) days of the final disbursement of the FCT award. A photograph of the sign installed at the Project Site shall be provided to FCT within the same ninety (90) day timeframe. XI. OBLIGATIONS OF THE RECIPIENT RELATING TO THE USE OF BOND PROCEEDS 1. FCT is authorized by Section 380.510, Fla. Stat. to impose conditions for funding on the Recipient in order to ensure that the project complies with the requirements for the use of Florida Forever Bond proceeds including, without limitation, the provisions of the Internal Revenue Code and the regulations promulgated thereunder as the same pertain to tax exempt bonds. 2. The Recipient agrees and acknowledges that the below listed transactions, events, and circumstances, collectively referred to as the "disallowable activities," may be disallowed on the Project Site as they may have negative legal and tax consequences under Florida law and federal income tax law. The Recipient further agrees and acknowledges that these disallowable activities may be allowed up to a certain extent based on guidelines or tests outlined in the Federal Private Activity regulations of the Internal Revenue Service: a. any sale or lease of any interest in the Project Site to a non-governmental person or organization; 04-023-FF4 October 22, 2004 Reimbursement -13- - _.~_._---.--~-_....-.....- "- A~____' -~,~----",-""-=,-"~~~~-",,,,,-,--.,-.=.----<~ _-_~o-_~_.~__..._____,___^_._. _.....---0>- b. the operation of any concession on the Project Site by a non-governmental person or organization; c. any sales contract or option to buy or sell things attached to the Project Site to be severed from the Project Site with a non-governmental person or organization; d. any use of the Project Site by a non-governmental person other than in such person's capacity as a member of the general public; e. any change in the character or use of the Project Site from that use expected at the date of the issuance of any series of Bonds from which the disbursement is to be made; f. a management contract for the Project Site with a non-governmental person or organization; or g. such other activity or interest as may be specified rrom time to time in writing by FCT to the Recipient. 3. If the Project Site, after its acquisition by the Recipient and/or the Trustees, is to remain subject to any of the disallowable activities, the Recipient shall provide notice to FCT, as provided for in paragraph V.1., at least sixty (60) calendar days in advance of any such transactions, events or circumstances, and shall provide FCT such information as FCT reasonably requests in order to evaluate for approval the legal and tax consequences of such disallowable activities. 4. In the event that FCT determines at any time that the Recipient is engaging, or allowing others to engage, in disallowable activities on the Project Site, the Recipient shall immediately cease or cause the cessation of the disallowable activities upon receipt of written notice from FCT. In addition to all other rights and remedies at law or in equity, FCT shall have the right to seek temporary and permanent injunctions against the Recipient for any dlsallowable activities on the Project Site. DELEGATIONS AND CONTRACTUAL ARRANGEMENTS BETWEEN THE RECIPIENT AND OTHER GOVERNMENTAL BODIES, NONPROFIT ENTITIES OR NON GOVERNMENTAL PERSONS FOR USE OR MANAGEMENT OF THE PROJECT SITE WILL IN NO WAY RELIEVE THE RECIPIENT OF THE RESPONSIBILITY TO ENSURE THA T THE CONDITIONS IMPOSED HEREIN ON THE PROJECT SITE AS A RESULT OF UTILIZING BOND PROCEEDS TO ACQUIRE THE PROJECT SITE ARE FULLY COMPLIED WITH BY THE CONTRACTING PARTY. 04-023-FF4 October 22, 2004 Reimbursement -14- XII. RECORDKEEPING; AUDIT REQUIREMENTS 1. The Recipient shall maintain financial procedures and support documents, in accordance with generally accepted accounting principles, to account for the receipt and expenditure of funds under this Agreement. These records shall be available at all reasonable times for inspection, review or audit by state personnel, FCT and other personnel duly authorized by FCT. "Reasonable" shall be construed according to the circumstances, but ordinarily shall mean the nonnal business hours of 8:00 a.m. to 5 :00 p.m., local time, Monday through Friday. 2. If the Recipient expends a total amount of State fmancial assistance equal to or in excess of $500,000 in any fiscal year of such Recipient, the Recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Fla. Stat., the applicable rules of the Executive Office of the Governor and the Comptroller and Chapter 10.550 (local government entities) or Chapter 10.650 (nonprofit organizations), Rules of the Auditor GeneraL In detennining the State financial assistance expended in its fiscal year, the Recipient shall consider all sources of State financial assistance, including State funds received trom FCT, other state agencies and other non-state entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a non-state entity for Federal program matching requirements. The funding for this Agreement was received by FCT as a grant appropriation. In connection with the audit requirements addressed above, the Recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Fla. Stat. This includes submission of a reporting package as defined by Section 215.97(2)(d), Fla. Stat. and Chapters 10.550 (local government entities) or 10.650 (nonprofit organizations), Rules of the Auditor GeneraL (fonnerly d.) 3. If the Recipient expends less than $500,000 in State financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Fla. Stat. is not required. If the Recipient elects to have an audit conducted in accordance with the provisions of Section 215.97, Fla. Stat., the cost of the audit must be paid from non-State funds (i.e., the cost of such an audit must be paid from Recipient funds not obtained from a State entity). 4. The annual financial audit report shall include all management letters, the Recipient's response to all findings, including corrective actions to be taken, and a schedule of financial assistance specifically identifying all Agreement and other revenue by sponsoring agency and agreement number. Copies of financial reporting packages required under this Article shall be submitted by or on behalf of the Recipient directly to each of the following: Department of Community Affairs (at each of the following addresses): Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 04-023-FF4 October 22, 2004 Reimbursement -15- -,.-,-~-~~ ~.~;--~ .;__~,~><.._.....___........_~_.___"_~.....__""''''__'"A_''''"''''_.___.... ' u .___~_~~......,._.._-"o>-i___.._-_ ~...._'_"'_~.~<___'"'.. and Florida Communities Trust 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 State of Florida Auditor General at the following address: Auditor General's Office Room 401, Claude Pepper Building III West Madison Street Tallahassee, Florida 32302-1450 5. If the audit shows that any portion of the funds disbursed hereunder were not spent in accordance with the conditions of this Agreement, the Recipient shall be held liable for reimbursement to FCT of all funds not spent in accordance with the applicable regulations and Agreement provisions within thirty (30) days after FCT has notified the Recipient of such non- compliance. 6. The Recipient shall retain all financial records, supporting documents, statistical records and any other documents pertinent to this Agreement for a period of five years after the date of submission of the final expenditures report. However, if litigation or an audit has been initiated prior to the expiration of the five-year period, the records shall be retained until the litigation or audit findings have been resolved. 7. The Recipient shall have all audits completed in accordance with Section 215.97, Fla.Stat. performed by an independent certified public accountant ("IP N') who shall either be a certified public accountant or a public accountant licensed under Chapter 473, Fla. Stat. The IP A shall state that the audit complied with the applicable provisions noted above. XIII. DEFAULT; REMEDIES; TERMINATION 1. If the necessary funds are not available to fund this Agreement as a result of action by the Florida Legislature or the Office of the Comptroller, or if any of the events below occur ("Events of Default"), all obligations on the part of FCT to make any further payment of funds hereunder shall, if FCT so elects, terminate and FCT may, at its option, exercise any of its remedies set forth herein, but FCT may make any payments or parts of payments after the happening of any Events of Default without thereby waving the right to exercise such remedies, and without becoming liable to make any further payment. The following constitute Events of Default: a. If any warrant or representation made by the Recipient in this Agreement, any previous agreement with FCT or in any document provided to FCT 04-023-FF4 October 22, 2004 Reimbursement -16- shall at any time be false or misleading in any respect, or if the Recipient shall fail to keep, observe or perform any of the terms or covenants contained in this Agreement or any previous agreement with FCT and has not cured such in timely fashion, or is unable or unwilling to meet its obligations thereunder; b. If any material adverse change shall occur in the financial condition of the Recipient at any time during the term of this Agreement from the financial condition revealed in any reports filed or to be filed with FCT, and the Recipient fails to cure said material adverse change within thirty (30) days trom the date written notice is sent to the Recipient by FCT; c. If any reports or documents required by this Agreement have not been timely submitted to FCT or have been submitted with incorrect, incomplete or insufficient information. d. If the Recipient fails to perform and complete in timely fashion any of its obligations under this Agreement. 2. Upon the happening of an Event of Default, FCT may, at its option, upon thirty (30) calendar days from the date written notice is sent to the Recipient by FCT and upon the Recipient's failure to timely cure, exercise anyone or more of the following remedies, either concurrently or consecutively, and the pursuit of anyone of the following remedies shall not preclude FCT trom pursuing any other remedies contained herein or otherwise provided at law or in equity: a. Terminate this Agreement, provided the Recipient is given at least thirty (30) days prior written notice of such termination. The notice shall be effective when placed in the United States mail, first class mail, postage prepaid, by registered or certified mail-return receipt requested, to the address set forth in paragraph V.2. herein; b. Commence an appropriate legal or equitable action to enforce performance of this Agreement; c. Withhold or suspend payment of all or any part of the FCT A ward; d. Exercise any corrective or remedial actions, including, but not limited to, requesting additional information trom the Recipient to determine the reasons for or the extent of non-compliance or lack of performance or issuing a written warning to advise that more serious measures may be taken if the situation is not corrected; or e. Exercise any other rights or remedies which may be otherwise available 04-023-FF4 October 22, 2004 Reimbursement -17- .~--~ -""",,>''''~~< ~_o____"-_......__...______,-__",-"..~,>"""",,,,___,_",,~.,....o..,,," -_ ~------..._--_..:-......=---~---_.~..- under law, including, but not limited to, those described in paragraph IX.3. 3. FCT may tenninate this Agreement for cause upon written notice to the Recipient. Cause shall include, but is not limited to: fraud; lack of compliance with applicable rules, laws and regulations; failure to perfonn in a timely manner; failure to make significant progress toward Project Plan and Management Plan approval; and refusal by the Recipient to pennit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119, Fla.Stat., as amended. Appraisals, and any other reports relating to value, offers and counteroffers are not available for public disclosure or inspection and are exempt from the provisions of Section 119.07(1), Fla. Stat. until a Purchase Agreement is executed by the Owner(s) and Recipient and conditionally accepted by the Trust, or ifno Purchase Agreement is executed, then as provided for in Sections 125.355(l)(a) and 166.045(1)(a), Fla. Stat. 4. FCT may tenninate this Agreement when it detennines, in its sole discretion, that the continuation of the Agreement would not produce beneficial results commensurate with the further expenditure of funds by providing the Recipient with thirty (30) calendar days prior written notice. 5. The Recipient may request tennination of this Agreement before its Expiration Date by a written request fully describing the circumstances that compel the Recipient to tenninate the project. A request for tennination shall be provided to FCT in a manner described in paragraph V.I. XIV. LEGAL AUTHORIZATION 1. The Recipient certifies with respect to this Agreement that it possesses the legal authority to receive funds to be provided under this Agreement and that, if applicable, its governing body has authorized, by resolution or otherwise, the execution and acceptance of this Agreement with all covenants and assurances contained herein. The Recipient also certifies that the undersigned possesses the authority to legally execute and bind the Recipient to the terms of this Agreement. XV. STANDARD CONDITIONS 1. This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall lie in Leon County. If any provision hereof is in conflict with any applicable statute or rule, or is otherwise unenforceable, then such provision shall be deemed null and void to the extent of such conflict and shall be severable, but shall not invalidate any other provision of this Agreement. 2. No waiver by FCT of any right or remedy granted hereunder or failure to insist on strict perfonnance by the Recipient shall affect or extend or act as a waiver of any other right or remedy of FCT hereunder, or affect the subsequent exercise of the same right or remedy by FCT for any further or subsequent default by the Recipient. Any power of approval or disapproval 04-023-FF4 October 22, 2004 Reimbursement -18- granted to FCT under the terms of this Agreement shall survive the terms and life of this Agreement as a whole. 3. The Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101-336,42 U.S.c. Section 12101 et seq.), if applicable, which prohibits discrimination by public and private entities on the basis of disability in the areas of employment, public accommodations, transportation, State and local government servIces, and ill telecommunications. 4. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit lease 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 a public entity, and may not transact business with any public entity in excess of Category Two for a period of 36 months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. 5. No funds or other resources received from FCT in connection with this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. This Agreement embodies the entire agreement between the parties. IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement. CITY OF BOYNTON BEACH FLORIDA COMMUNITIES TRUST By: By: Print Name: Janice Browning Title: Division Director of Housing & Community Development Date: Date: Approved as to Form and Legality: Approved as to Form and Legality: By: By: Print Name: Trust Counsel 04-023-FF4 October 22, 2004 Reimbursement -19- ,...'........".~-~" ... ~ .- ;;¡ '" ~ ~__._o__,_~~_ ,-.- ,~-----~-,.~" --. _",_.. ~_.n____"'_,~__>..__»___ VI.-CONSENT AGENDA ITEM C.6. CITY OF BOYNTON BEACH 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 c=J August3,2OO4 (Noon.) July 19,2004 c=J October 5, 2004 (Noon) September 20, 2004 c=J August 17, 2004 (Noon) August 2, 2004 c=J October 19,2004 (Noon) October 4, 2004 c=J September 7, 2004 (Noon) August 16,2004 c=J November 3, 2004 (Noon) October 18, 2004 C) c=J September 21, 2004 [g November 16, 2004 C:) (J --\ (Noon) September 7, 2004 (Noon) November 1, 20G4"" :::;-< c::> '-<0 Ç) .:-) ." ~ ,'-CD c=J c=J rv ~c-: C> Administrative Development Plans '_0 :-C! -< [g c=J ~:--.:z NATURE OF Consent Agenda New Business -ry :,.:;...... >_;-a ~, C> AGENDA ITEM c=J Public Hearing c=J Legal '.:-:J :z: rv -., c=J c=J Unfmished Business "T]CJ Bids c::> -fTl oJ> c=J Announcement c=J Presentation 0 ill (") :r; c=J City Manager's Report RECOMMENDATION: Approve consulting contract with Architects Design Group, Inc. (ADG) in an amount not to exceed $9,735 for the purpose of determining the appropriate level of repair and reconfiguration of the West Wing as a result of water damage by Hurricane Frances. EXPLANATION: During Hurricane Frances, a large portion of the roof of the West Wing was destroyed leading to significant water damage on the second floor, most notably in the Engineering Division, GIS and Conference Room C. The roof was recently repaired as authorized by City Conunission last month. However, the staff functions of Engineering and GIS have not yet be returned to the West Wing because all of the carpet and ceiling tiles were damaged and removed and must first be replaced and the City has also lost the use of Conference Room C. Additionally, Dr. Scarry, the City's indoor air quality consultant has strongly reconnnended that the carpet be removed from underneath the movable wall panels. This will require removal and storage of the wall panels while the remaining carpet is removed and replaced. In the interim, GIS staff are working out of City Hall and the Engineering staff have relocated to the Madsen Center. The public is able to continue to play shuffleboard at the Madsen Center but there are no longer programs conducted in the building (primarily the bridge club). The bridge club is now using the Civic Center. City staff recognizes that we must proceed with restoration of the West Wing. However, the catastrophic damage has also presented the City with a unique opportunity to improve upon space conditions in the West Wing. We know clearly that we must remove wall panels and replace them However, we do not necessarily need to replace the wall panels in the same location(s). We will be able to change the layout of space in the damaged areas to enhance the space utilization more efficiently. To provide guidance in this regard, Staff reviewed the City Wide Space Needs Assessment prepared nearly 18 months ago by ADG. This study was conducted to review the existing space utilization on a City wide basis, including the West Wing, and the study also detennined that amount of space that was necessary to perform the associated functions both now and in the future. Most notably, the space study detennined the amount of space necessary, based upon industry standards for office size, conference rooms, reception space, etc. As a result, we found that many of our spaces (offices for example) are presently configured larger than the space study detennined that they should be. Therefore, as we now reconfigure the damaged space, we are able to allocate space more efficiently by reconfiguring the space to coincide with the standards referenced in the space study. This means that many of the existing offices will be smaller when reconfigured and that we very well may be able to allocate space for future growth. Therefore, Staff believes it appropriate to contract with ADG to evaluate potential floor layouts to accomplish this goal. S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM The damaged area of the West Wing encompasses approximately 4,900 S.F. of the total second floor area of around 9,100 S.F.. Only one movable wall is left separating the damaged area from the Planning and Zoning staffJdepartment. Staff believes that if we consider reconfiguration of the damaged area, then we should also consider reconfiguration of the Planning and Zoning area as well. It is entirely possible that we can achieve significant space efficiencies by reconfiguring the entire second floor based upon function performed rather than departmental boundary lines (ie. Walls). For example, shared design of workstation spaces, conference room(s), and reception areas could avail needed space for other functions and future growth. Staff, therefore, believes it appropriate to evaluate this area as well. Ifwe determine that it is appropriate to evaluate the entire second floor, then staff believes we should also consider the space allocation on the first floor of the West Wing. The primary reason for doing so is that the Development Director has been advocating the reconfiguration of the entire West Wing for the last several years in order to provide for a more customer friendly atmosphere. For example, visitors to the West Wing are now directed to various counters and offices on the first floor, Planning and Zoning on the second floor, and Engineering on the second floor. It is the ultimate goal of staff to provide all public functions on the first floor of the West Wing in a centralized area and to locate staff support function on the second floor. Not only would this be more efficient for our customers, but security of the building could be enhanced as well. Reconfiguration of all areas can include, but not be linúted to, items such as carpeting, tile, ceiling tile, replacement/cleaning of damaged furniture, etc. Additionally, depending upon potential floor layout schemes, it may be appropriate to purchase new systems furniture (integrated workstations) if we eliminate many private offices and transition to a more efficient workstation design. Summary The attached proposal from ADG does nothing more than layout three alternate space schemes and estimate the future construction cost of each scheme. All affected staff will be given numerous opportunities to provide input into the proposed layouts. 1. Reconfigure only the damaged area of Engineering, GIS and Conference Room C. 2. Reconfigure the areas in #1 as well as the Planning and Zoning Department (all of the second floor) 3. Reconfigure all of the West Wing. Upon completion of the three alternates referenced above, staff will return to the City Conmrission with cost estimates for [mal design and construction of each alternate as well as a staff recommendation. Lastly, staff believes that, depending upon the alternative selected, we should also consider fire suppression in the building. The West Wing was constructed without a fire suppression (sprinkler) system. Perhaps now is an appropriate time to consider installation of such a system given that much of the ceiling area is exposed. This aspect can be considered later. Staff simply is raising it as an issue that we should consider prior to space reconfiguration. PROGRAM IMPACT: Engineering, GIS and Conference Room C functions will continue to be conducted elsewhere until the damaged area is repaired. Furthermore, recreation functions at the Madsen Center will continue to be linúted. FISCAL IMP ACT: Obviously, the City has not budgeted the reconfiguration of any portion of the West Wing. However, depending upon the scope of the work, a variable portion should be reimbursed by FEMA because the building was damaged by Hurricane Frances. The cost of the work beyond repair of the hurricane damage would be borne by the City. Furthermore, there may be a need to replace furniture or to purchase new furniture that is compatIòle with the work-space design. Although ADG has not yet prepared estimates of cost, staff believes that the City share could approach several hundred thousand dollars if the complete building is considered. Therefore, staff has identified the following budged capital projects that could either be S:\BULLETIN\FOAAfS\AGENDA ITEM REQUEST FORM.DOC --~.....----, -;----.......----,-~=......~-.....~..........._._----..~ .----;."""~~....-----.......¡;....- -_.~-----~--,--. .--~. _.~_________..,<'"_c<~,.._,~_ CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM deleted or deferred in order to fund fmal improvements selected by the City after completion of the space assessment outlined herein: City Hall Fire Alarm Upgrade (defer only) $103,000 Old High School Refurbishment $125,000 Security Upgrades $75,000 There may be additional smaller projects that we can consider for deferral or deletion if additional funds are needed. However, because we don't yet know the fmal scope of work or cost, it is premature to consider these at this time. ALTERNATIVES: Delay all work until such time that the overall space reconfiguration of the City Hall complex, including the Police Department, is determined. If, as outlined in the long term CIP Program, it is a City goal to develop a new Public Safety Complex, or relocate the Police Department in some other manner in the next five years, then there may be better ways to reallocate space used by general government functions (West Wing functions included) by utilizing space vacated by the Police Department. This may actually be the most appropriate approach from a long-term space needs perspective. However, for this alternative to be considered, we must have a defmed goal of relocating the Police Department and be willing to continue to house Engineering and GIS staff in remote locations that affect other users, Recreation in particular. Thus, in staff's opinion, the short-term negative impacts of this alternative are much more detrimental than potential long-term space utilmtion gaIDs,aßä iliis aI-:tiveþ mllrimaJ ~rit fo, eonsiderntiun. ~ ~~gnature . City Manag"', Signature Public Works and Engineering Department Name S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC , , I ! 1 2 RESOLUTION NO. R04- 3 4 A RESOLUTION OF THE CITY COMMISSION OF THE 5 CITY OF BOYNTON BEACH, FLORIDA, APPROVING 6 A CONSULTING CONTRACT WITH ARCHITECTS 7 DESIGN GROUP, INC., IN AN AMOUNT NOT TO 8 EXCEED $9,735.00 FOR THE PURPOSE OF 9 DETERl\UNING THE APPROPRIATE REPAIR AND 10 RECONFIGURATION OF THE 'VEST WING OF CITY 11 HALL AS A RESULT OF 'VATER DMIAGE FROM 12 HURRICANE FRANCES; AND PROVIDING AN 13 EFFECTIVE DATE. 14 15 16 WHEREAS, the City Commission of the City of Boynton Beach, upon 17 recommendation of staff, deems it to be in the best interests of the citizens and residents of 18 the City of Boynton Beach, to enter into an agreement with Architects Design Group, Inc., 19 not to exceed $9,735.00 to provide consulting services for the purpose of determining the 20 appropriate level of repair and reconfiguration of the West Wing as a result of water damage I I 21 by Hurricane Frances. 22 NO'V, THEREFORE, BE IT RESOLVED BY THE CITY COMl\USSION OF 23 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 24 Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby 25 ratified and confirmed by the City Commission. 26 27 Section 2. The City Commission of the City of Boynton Beach, Florida does 28 hereby approve the consulting contract with Architects Design Group, Inc., to provide 29 consulting services for the purpose of determining the appropriate level of repair and 30 reconfiguration of the West Wing as a result of damage from Hurricane Frances in an amount 31 not to exceed $9,735.00. 32 33 Section 3. This Resolution shall become effective immediately upon passage. 34 35 S:\CA\RESOlAgreemenlslArchilecl Design Group.doc . 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Dates in to City Clerk's Office Meeting: Dates in to City C1erk's!òffice fTl,:"") :z: o August 3, 2004 (Noon.) July 19,2004 o October 5, 2()()4 (Noon) September 20, 2()()4 o August 17, 2()()4 (Noon) August 2. 2004 o October J9, 2004 (Noon) October 4,2004 o September 7, 2004 (Noon) August 16,2004 o November 3, 2004 (Noon) October 18,2004 o September 2 J, 2004 (Noon) September 7, 2004 [gJ November 16,2004 (Noon) November I, 2004 0 Administrative 0 Development Plans NATURE OF IZI Consent Agenda 0 New Business AGENDA ITEM 0 Public Hearing 0 Legal 0 Bids 0 Unfinished Business 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDA nON: Please place the attached Resolution R 04- _ regarding an Amendment to the 2004-05 Community Development Block Grant (CDBG) Program to Provide Interim Relocation Assistance to Affected Residents of Boynton Terrace Apartments along with the Ratification of Emergency Action by City Manager, on the November 16, 2004 Agenda under Consent Agenda. EXPLANATION: The Miami Office of the U.S. Department of Housing and Urban Development (HUD has requested the assistance of the City of Boynton Beach in facilitating the temporary relocation ( approximately 26 families from the Boynton Terrace apartment complex. This relocation necessitated by unsafe conditions resulting from inadequate maintenance exacerbated by tv hurricanes. The City has been asked to provide funding for security deposits and moving expenses enable these families to relocate to other suitable housing. Due to the urgent need to resolve the problems for the residents of Boynton Terrace, the City Mana has provided HUD with a letter indicating the City's willingness to commit up to $50,000 in CDBG fu remaining from the 2000-2001 fiscal year for security deposits and moving expenses for the affef families. PROGRAM IMPACT: The use of these funds, albeit from a prior year, may result in the city excef the 15 percent limitation on Public Service activities under the CDBG program for the current year. Therefore, staff has requested that HUD waive the 15 percent limitation on Public Sf activities for the current year to allow for the emergency relocation of these residents. In an ef e~pedite t~e. pr~cess, staff has also requested a waiver of the required 30-day comment per; cItizen partIcipation. FISCAL IMPACT: CDBG programs for this year are not expected to be affected by the unallocated funds from the 2000-2001 fiscal year. There is a current fund balance carry ove' year of $61,587.66. S:\BULLETJN\FORMS\AGENDA ITEM REQUEST FORM,DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORl\1 AL TERNA TIVES: The City could refrain from contributing any financial resources to help resolve the plight of the residents at Boynton Terrace and take the position that the full responsibility for the residents lies with HUD and the property owner that receives HUD funding. ~e Department of Development ~ ~\~~ ~~ ,s ('Í\ce \ \.0 ~ P \0<" oÒ 0\ v.Se ~'ð\. .\0<' _ðT FORM,DOC 1 RESOLUTION R04- 2 3 A RESOLUTION OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, AUTHORIZING THE 5 AMENDMENT TO THE 2004-05 COMMUNITY 6 DEVELOPMENT BLOCK GRANT (CDBG) 7 PROGRAM TO PROVIDE INTERIM RELOCATION 8 ASSISTANCE TO AFFECTED RESIDENTS OF 9 BOYNTON TERRACE APARTMENTS AND 10 RATIFYING THE EMERGENCY ACTION TAKEN 11 BY THE CITY lVIANAGER; AND PROVIDING AN 12 EFFECTIVE DATE. 13 14 'VHEREAS, the City of Boynton Beach has entered into an agreement with 15 the United States Department of Housing and Urban Development for a grant for 16 the execution and implementation of a Community Development Block Grant 17 Program in certain areas of the City of Boynton Beach, pursuant to Title I of the 18 Housing and Community Development Act of 1974, (as amended); and 19 WHEREAS, the U.S. Department of Housing and Urban Development has 20 requested the assistance of the City of Boynton Beach in facilitating the temporary 21 relocation of approximately 26 families from the Boynton Terrace apartment 22 complex; and; 23 WHEREAS, the relocation is necessitated by unsafe conditions resulting 24 from inadequate maintenance exacerbated by two hurricanes; and 25 WHEREAS, due to the urgent need to resolve the problems for the 26 esidents in Boynton Terrace, the City Manager has provided HUD with a letter 27 indicating the City's willingness to commit $50,000 in CDBG funds remaining 28 from the 2000-2001 fiscal year for security deposits and moving expenses for the 29 affected families. 30 :\CA \RESO\CDBG - Funds foc BO}l1ton Terrace,doc 1 · . 1 2 NO\V, THEREFORE, BE IT RESOLVED BY THE CITY 3 COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 4 Section 1. The City Commission of the City of Boynton Beach, Florida 5 does hereby authorize the amendment to the 2004-05 Community Development 6 Block Grant (CDBG) Program to provide interim relocation assistance to affected 7 residents of the Boynton Terrace Apartments and ratifies the emergency action 8 taken by the City Manager 9 Section 2. This Resolution will become effective immediately upon 10 passage. 11 PASSED AND ADOPTED this __ day of November, 2004. 12 13 CITY OF BOYNTON BEACH, FLORIDA 14 15 16 Mayor 17 18 19 Vice Mayor 20 21 22 Commissioner 23 24 25 Commissioner 26 27 28 Commissioner 29 ATTEST: 30 31 32 City Clerk 33 34 (Corporate Seal) 35 36 37 S:\CA\RESO\CDBG - Funds for Boynton Terrace,doc2 ._~_._~--.<". . _._.............._~_......... ,...........-.- ---<---_..... ~~-->,~.._~> ."".-...~-". ~ , DEPARTMENT OF DEVELOPMENT Community Improvement Division Memorandum CID 04-115 TO: Quintus L. Greene, Director of Development FROM: Octavia S. Sherrod, Community Improvement Manager DATE: November 4, 2004 RE: Request for Change to One Year Action Plan I have been approached by David Fenwick, Senior Project Manager of the Multifamily division of the Miami Office of the liYD office. Mr. Fenwick has asked that the City of Boynton Beach assist the residents of Boynton Terrace by providing monies to place these families in temporary housing until the repairs at the complex are complete. If it is the City's decision to fund this activity, please note that "income payments" are considered a Public Service. As a result, the funds would be subject to the 15% cap regulated by HUD. This being the case, it has been suggested by HUD that the City requests in writing a waiver for this year to exceed the amount allowed for public service due to the extenuating circumstances. At this point, there appears to be 26 families that have been displaced. HUD has requested that we assist by providing the security deposit (to be refunded to the city when the tenant moves), as well as ')ay for the moving expenses. It is estimated that the security deposit will be about $800.00 per family, nd the moving expense at about $1,000.00. The total of these expenditures for 26 families totaling $46,800.00. In this fiscal year, (FY2004/05) 15% of our annual allocation is $95,400.00. The total amount of funding that has been allocated in this category is $56,800.00. This would mean that at least $46,800.00 would be needed to be redirected from another activity this budget year. The alternative would be to reallocate the approximately $50,000.00 from unexpended funds remaining from a prior fiscal year. s~~ ~~- The CitlJ 01 &lJnton Beach. Office Of The City Manager 100 £ Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 City Manager's Office: (561) 742-6010 FAX: (561) 742-6011 e-mail' bressnerk@Ci.boynton-beach.fl.us www. boynton-beach.org November 8, 2004 Ms. Maria Ortiz-Hill, Director Community Planning and Development Division U.S. Department of Housing and Urban Development 909 S.E. First Avenue, Room 500 Miami, FL 33131-3028 Dear Ms. Ortiz-Hill: Pursuant to a recent conversation with David Fenwick of the Department of Housing and Urban Development (HUD) and Octavia Sherrod of the City's Community Improvement Division, it is our understanding that the Miami Office of HUD has requested the City of Boynton Beach to assist in the temporary relocation of the residents of the Boynton Terrace housing complex in the city. It is understood that this relocation is an emergency measure necessitated by certain structural and maintenance problems at the complex that have been aggravated by two recent hurricanes. Inasmuch as the CIty's first priority is the health, safety and welfare of its citizens, please be advised that we are prepared to provide up to $50,000 from unexpended FY 2000-2001 CDBG funds to cover the security deposits and moving expenses necessary to enable an estimated 26 families at Boynton Terrace to relocate to other housing. We understand that the use of these funds, albeit from a prioryear, may result in the city exceeding the 15 percent limitation on Public Service activities under the CDBG program for the current fiscal year. Accordingly, we hereby formally request that HUD waive the 15 percent limitation on Public Service activities for the current year to allow for the emergency relocation of these residents. In an effort to expedite this process we are also requesting a waiver of the required 30-day comment period for citizen participation. Should you have any questions, or require any additional information, please contact Mr. Quintus Greene, the City's Development Director at (561) 742-6372 or Ms. Octavia Sherrod, Manager of the Community Improvement Division at (561) 742-6065. Kurt Bressner City Manager Cc: Nora Casal, HUD CPD Representative Octavia Sherrod, Community Improvement Manager James Cherof, City Attorney AMERICA'S GATEWA Y TO THE GULFSTREAM .... . ......~,---.- ~- ._~->,-~-_.._--..;.......~-- -- ~- _...... .."..".0_00'-<-_.___ -~--.~""'=<- ~ - VI.-CONSENT AGENDA ITEM E.l. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Fina] 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 D August 3, 2004 (Noon,) July ]9,2004 D October 4, 2004 (Noon) September 20,2004 D August ]7,2004 (Noon)August2,2004 D October ]9, 2004 (Noon) October 4, 2004 c-> D September 7, 2004 (Noon) August 16, 2004 D November 3, 2004 (Noon) October 18, 200«~ (")--1 =i-< z: -<0 D September 2] , 2004 (Noon) September 7. 2004 [8J November] 6, 2004 (Noon) November], 200~ C-) "..., :-0) - :-"0 0 '.:J-< --~·:~Z D Administrative D Development Plans ~ ;--i -.. - C> -'- """'ì-? NATURE OF [8J Consent Agenda D New Business - .:;.; - - "CD .. AGENDA ITEM D Public Hearing D Legal U1 -~ 0» (.,,) :;-a'10 D Bids D UnfInished Business :r: D Announcement D Presentation D City Manager's Report RECOMMENDATION: Please place this request on the November 16,2004 City Corrunission Agenda under Consent Agenda. The Community Redevelopment Agency Board recommended denial of this project at their November 9th meeting. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-262. EXPLANATION: PROJECT: Edward Medical Office (NWSP 04-012) AGENT: Hany Edward OWNER: Hany Edward LOCATION: 3908 North Federal Highway DESCRIPTION: Request for new site plan approval for a 11,796 square foot medical office building in the C-3 zoning district. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ~e<" Signature ALTERNATIVES: N/A J_IJ. ~k ~ ¿P6- Development epartment Director ./ ~- A-1-fL Planning and Zoning Ðlfector City Attorney / Finance / Human Resources S:\P]anning\SHARED\WP\PROJECTS\Edward Medical Office\NWSP 04-012\Agenda Item Request Edward Medical Office Bldg NWSP 04-01211-16- 04.doc S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DMSION MEMORANDUM NO. PZ 04-262 STAFF REPORT ADDENDUM TO: Chair and Members Community Redevelopment Agency Board THRU: Michael Rumpf Planning and Zoning Director FROM: Eric Lee Johnson, AICP rf Planner DATE: November 1, 2004 PROJECT NAME/NO: Edward Medical Office Building / NWSP 04-012 REQUEST: New Site Plan BACKGROUND: This memorandum is an addendum to the New Site Plan staff report (Memorandum No. PZ 04-210) - see attached. Mr. Hany Edward owns a 0.72-acre parcel of land, located on the west side of South Federal Highway approximately 350 south ofthe intersection of Old Dixie Highway and South Federal Highway. In May of 2004, Mr. Edward submitted a request to annex (ANEX 04-004) the subject property into the City of Boynton Beach, to rezone (LUAR 04-008) from General Commercial (Palm Beach County) to Community Commercial (C-3), and new site plan approval in order to construct an 11,957 square foot medical office building. Staff reviewed and recommended approval on all three (3) applications. On September 14, 2004, the Community Redevelopment Agency Board reviewed the annexation, rezoning, and site plan. The Board recommended approval of Mr. Edward's request for annexation and rezoning but voted to table the site plan for the lack of consistency with the design guidelines endorsed by the Board. The Board tabled the plan indefinitely and recommended that the applicant revise the plan, meet with staff, and then return to the Board with a plan that would embrace those guidelines. The principal deficiencies noted by the Board were the lack of continuity between the first and second floors, the detail of the north (front) façade, the height of the parapet wall, and the lack of foundation landscaping along the south (rear) façade. On September 21, 2004, the City Commission, in keeping with the Board's recommendations, voted to table the site plan, and approved the annexation and rezoning applications. Therefore, the property is now located within the city limits and zoned Community Commercial (C-3) but there is no approved site plan of record. This site plan represents Mr. Edward's continuing efforts to construct a medical office building on his 0.72-acre parcel. A medical office building is a permitted use in the C-3 zoning district. The construction of the building, parking lot, and all other site improvements would occur within one (1) phase. SUMMARY OF CHANGES: The original plan proposed a building that was 11,957 square feet in area. The revised site plan shows that the building size was reduced by 161 square feet, for a total of 11,796 square feet. Ukewise, the number of parking spaces was reduced from 60 to 59 spaces. This reduction in building area occurs at the rear of the building. The floor plan shows that the building would have two (2) landscaped atriums at the rear of the building. The building would still be situated with a zero (0) side setback along the south ...---0--.> ~~_ ~__.~_"..~~~_._____ ___o_'___m_ __~__~.~__.""",_-,",,~____._, . - __~_"'_""~~>nf,<_·"",____c..~--_ ,,-_. ..-þ- Staff Report - Edward Medical Office Building (NWSP 04-012) Memorandum No PZ 04-262 Page 2 property line but now, two (2) recesses or "cut-outs" in the rear facade would allow for the installation of tall-growing, thin palm trees. These trees would help to break up the great wall expanse (at the rear of the building) and to soften "built environment" with natural plant material. The landscape plan shows that four (4) Fishtail palm trees (14-16 feet in height) and 30 Simpson Stopper would be installed within these recesses. Internal doors leading into the atrium allow for plant maintenance. The previous elevations showed the top of the parapet wall at 26 feet - two (2) inches in height. The elevations have been revised to show that the top of the parapet wall is now proposed at 29 feet in height. Also, two (2) decorative medallions have been added to the parapet wall for extra appeal and height. The middle decorative tower increased in height, from 34 feet - one (1) inch (as dimensioned at the mean height level) to 36 feet - seven (7) inches (also measured at the mean height level). The front and rear of the building appear different because the columns on the first and second floor now align with each other whereas previously, they did not. This use of repeated elements will help to unite the first and second floors. The columns proposed at the end of the building are now thicker (in width) in order to achieve a greater sense of balance and order between the columns. Finally, more block windows have been added to the rear elevation. It is the opinion of staff that these changes satisfy the noted deficiencies. RECOMMENDATION: Staff has reviewed the modifications that were made to the project and is recommending approval, subject to satisfying all comments itemized 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\PROJECTS\Edward Medical Office\NWSP Q4-012\Staff Report addendum.doc DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 04-210 STAFF REPORT TO: Chair and Members Community Redevelopment Agency Board THRU: Michael Rumpf Planning and Zoning Director FROM: Eric Lee Johnson, AICP ~ Planner DATE: August 31, 2004 PROJECT NAME/NO: Edward Medical Office Building / NWSP 04-012 REQUEST: New Site Plan PROJECT DESCRIPTION Property Owner: Mr. Hany Edward Applicant: Mr. Hany Edward Agent: Mr. Hany Edward Location: West side of South Federal Highway, approximately 350 feet south of the intersection of Old Dixie Highway and South Federal Highway (see location Map - Exhibit "Aft) Existing Land Use: CH/5 Commercial High Intensity (Palm Beach County) Proposed Land Use: local Retail Commercial (LRC) Existing Zoning: CG General Commercial (Palm Beach County) Proposed Zoning: Community Commercial (C-3) Proposed Use: 11,957 square foot medical office building Acreage: 0.72-acre (31,702 square feet) Adjacent Uses: North: Developed commercial property with a local Retail Commercial (LRC) land use classification, zoned Community Commercial (C-3); South: Developed commercial property classified as Palm Beach County Commercial High / Medium Residential MR-S (CH / 5) land use and zoned _."___._____.______..___~,.J<-_"._.,...______~_-_-,-~____". - _.._---~. --~..._---.----. - . ·~__o___< ._< ,r'._ ~ .- - - -~..- - -. ~', Staff Report - Edward Medical Office Building (NWSP 04-(12) Memorandum No PZ 04-210 Page 2 Palm Beach County General Commercial (CG); East: Right-of-way for South Federal Highway, then farther east is undeveloped residential property (future Waterside residential development by Southern Homes, Inc.) with a Special High Density Residential (SHDR) land use classification, zoned Infill Planned Unit Development (IPUD); West: Developed residential property classified as Palm Beach County Medium Residential (5 units per acre - RM/5) land use and zoned Palm Beach County Residential Multi-family (RM). PROPERTY OWNER NOTIFICATION Owners of properties within 400 feet of the subject conditional use were mailed a notice of this request and its respective hearing dates. The applicant certifies that they posted signage and mailed notices in accordance with Ordinance No. 04-007. BACKGROUND Proposal: Mr. Hany Edward is requesting new site plan approval for the construction of an 11,957 square foot medical office building on a 0.72-acre parcel. The subject property is currently located outside the city limits and is under Palm Beach County jurisdiction. The applicant is also concurrently requesting to annex the property into the city and to rezone to the Community Commercial (C-3) zoning district. Therefore, approval of this site plan is contingent upon the approval of the corresponding requests for annexation, land use amendment, and rezoning (ANEX 04-004 and LUAR 04-008 - see Exhibit "C" - Conditions of Approval). A medical office building is a permitted use in the C-3 zoning district. The construction of the building, parking lot, and all other site improvements would occur within one (1) phase. Site Characteristic: The subject property is a small, partially developed, rectangular-shaped lot that contains overgrown grass and various shade and palm trees. The survey shows that a concrete ramp currently provides access to the site from South Federal Highway. This concrete ramp extends westward, connecting to rock and mulch paths that are located within the parcel's' Interior. There are two (2) vacant buildings located in the northeast corner of the property. These buildings would be demolished shortly after site plan approval. Also, support poles for a former billboard are currently located along the southern property line. Ukewise, these poles would be removed after site plan approval to make way for new building construction. The survey shows that a water-well Is currently located along the north property line, near the center of the property. It would be removed (because of the new parking areas) but would be re-established elsewhere on-site for irrigation purposes. Staff Report - Edward Medical Office Building (NWSP 04-012) Memorandum No PZ 04-210 Page 3 ANALYSIS SelViœ I Impacts: Traffic- A traffic impact statement for this project was submitted and sent to the Palm Beach County Traffic Division for their review and approval. The Division sent the following statement: "Based on our review, the Traffic Division has determined that the proposed project does not constitute a 1% LOS D Capacity impact on Federal Highway, and therefore meets the Traffic Performance Standards of Palm Beach County. No building permits are to be issued by the town, after the build- out date specified above (2005)". Drainage- Conceptual drainage information was provided for the City's review. The City's concurrency ordinance requires drainage certification at time of site plan approval. The Engineering Division found the conceptual drainage plans to be acceptable at this time and is recommending that the review of specific drainage solutions be deferred until time of permit review, when more complete engineering documents are required (see Exhibit "C" - Conditions of Approval). As proposed, the on-site drainage system shall be accomplished via a combination of green swales and exfiltration trenches. School- School concurrency is not required for this type of project. Utilities- There is sufficient potable water pressure to provide domestic and fire-flow needs for this low-rise facility. The project would connect to the existing four (4) inch force main for sanitary sewer. Police- This project has been reviewed for potential service impacts and availability, and based upon the planned office use, it has been determined that services allocated to, or existing within the area are adequate to provide the project with a necessary level of service. Fire- This project has been reviewed for potential service impacts and availability, and based upon the planned office use, it has been determined that services allocated to, or existing within the area are adequate to provide the project with a necessary level of service. Driveways: The existing concrete ramp, located on South Federal Highway would be upgraded and transformed into the property's main driveway opening. This opening would be 24 feet in width and would provide for both vehicular ingress and egress. It would allow for right-turn only egress. Parking Facility: Medical offices require one (1) parking space per 200 square feet of gross floor area. The proposed building would be 11,957 square feet in area and therefore, the project would require 60 parking spaces. The site plan (sheet S-l) shows that 60 parking spaces are proposed, six (6) of which, would be designated for handicap _.-,-~----- -_........._~.- -..----~_...~.~. -'---'~-'-~~-'- --. ~-"--'--~'-~--~.'<---"~ >< u....__ ,,-^-_+_.__.__~ Staff Report - Edward Medical Office Building (NWSP 04-012) Memorandum No PZ 04-210 Page 4 parking. Retail uses could be allowed in the building due to the fact retail is a permitted use in C-3 zoning district and that the parking ratio for medical office and retail is the same (1 space per 200 square feet). The parking spaces would be dimensioned nine (9) feet in width by 18 feet in length. The 90-degree handicap space would be 12 feet in width with five (5) feet of striping by 18 feet in length. As proposed, the vehicular back-up distance would be at minimum, 24 feet in width to comply with the Engineering Standards. The parking lot lighting is shown on the photometric plan (sheet E-l). According to the photometric plan, the proposed lighting levels near the perimeters would be minimal. It should have no adverse affect on the neighboring properties. Landscaping: The site plan (sheet S-l) tabular data indicates the proposed pervious area of the parcel would equal 4,651 square feet or 14.7% of the total site. The landscape plan (sheet Ll of 2) indicates that 57% of the trees would be native and 86% of the shrubs / groundcover would be native. At the time of permitting, the landscape plan would have to be revised to indicate the native plant material categorized as follows: Palm trees, shade trees, and shrubs I groundcover (see Exhibit "C" - Conditions of Approval). The east (front) landscape buffer would be at least seven (7) feet in width. The Federal Highway Cross-Section (sheet L1 of 2) illustrates the varying types of shade and palm tree species proposed within this buffer. The Entry-Way Enlargement (sheet L2 of 2) indicates the proposed plant type and quantities. The plant material includes the following: Duranta Gold Mound, Purple Showers, Silver Buttonwood, Chinese Fan Palm, Simpson Stopper, Dwarf Firebush, and Travelers Palm trees. The side landscape buffers (north and south) would be at least two and one-half (2- Y2) feet In width. These buffers would contain a row of Silver Buttonwood trees and Redtip Cocoplum hedges. One (1) tree would be installed every 25 feet. The landscape architect and the City Forester would determine the relocation and mitigation of all existing trees during field Inspections occurring at the time of permitting (see Exhibit "C" - Conditions of Approval). The rear (west) landscape buffer would be at least two and one-half (2 Y2) feet in width. The small properties to the west lie outside the city limits but they are zoned residential. Therefore, the applicant is proposing a buffer wall along this west property line, which would help serve as a buffer between the subject project and the abutting properties to the west. The buffer wall detail indicates it would be a C.B.S. wall, six (6) feet In height and eight (8) inches in width. No color(s) are depicted on the wall detail so therefore, staff is recommending that the color( s) of the buffer wall should be compatible with the approved building colors (see Exhibit "C" - Conditions of Approval). Rnally, the landscape plan also shows that a row of Simpson Stopper would be Installed on the inside of the wall while Fakahatchee grass is proposed on the outside of the wall. Building and Site: The proposed building is designed as a flat-roofed, two (2)-story structure with under-story parking. The elevations (sheet A-2) indicate that this flat rooftop would be 24 feet in height and the top of the parapet wall would be 26 feet in height. The Staff Report - Edward Medical Office Building (NWSP 04-012) Memorandum No PZ 04-210 Page 5 peak of the decorative towers would be 32 feet - one (1) inch in height. The maximum height allowed for new buildings in the C-3 zoning district is 45 feet. The building would comply with the height restrictions of the C-3 zoning district. The minimum front setback in the C-3 zoning district is 20 feet; the building would be setback 22 feet - 11 inches. The required side setbacks in the C-3 district are zero (0) feet and 15 feet (on corner lots) and since the subject lot is nestled between lots, no side setback would be required. As proposed, the building would be setback zero (0) feet on the south side and 46 feet - 11 inches on the north. The minimum rear setback is 20 feet; the project provides 153 feet - nine (9) inches. As previously mentioned, an existing water-well ~ould be eliminated from its current location and established elsewhere on the site. According to the applicant, the probable location for the new well would most likely occur at the southwest corner of the property, near the proposed lift station. The proposed dumpster enclosure would be located at the northwest corner of the site. In keeping with staffs' recommendations and to help soften the hardscape, a large, landscaped island is proposed within the center of the expansive parking lot. Finally, development would be a gated community. A white aluminum fence is proposed near the front (east) property line. The North and South Aluminum Fence Detail (sheet A-3) indicates that it would be a white aluminum fence, six (6) feet in height. The C.B.S. columns of the fence would be painted to match the building. At the time of permitting, staff would ensure compliance with Fire Code regarding emergency and fire truck access to the site is constantly maintained (see Exhibit "C" - Conditions of Approval). Design: The proposed design is compatible with the surrounding built environment and would generally enhance the overall success of the Federal Highway corridor. The architecture and style of the proposed building is consistent with the newer medical office buildings and would be considered an upgrade to the buildings within the immediate area. The main wall colors can be described as orange and yellow in color with white accents. Although similar, the proposed colors indicated on the black I white elevation drawings submitted herein, do not match the colors indicated on the colored elevations. Buildings, structures, and site elements are not required to match surrounding existing developments, but shall be in visual harmony with surrounding developments. Buildings shall achieve visual unity in character and design concepts in part, through building colors. Staff feels that the proposed bur/ding colors represented on the colored elevations are too vibrant and not in keeping with the intent of the Community Design Plan. Therefore, staff recommends reducing the intensity of the proposed building colors in order to achieve a higher degree of compatibility and harmony with the surrounding properties (see Exhibit "C" - Conditions of Approval). Regardless of the main wall colors, the accent trim-work would be painted white, which is consistent with past approvals. Signage: No wall signs are proposed. The site plan (sheet S-l) shows that two (2) entry features are proposed along the front (east) property line, outside of the safe-sight __0_;" ____.__0__'_ ~.~__~A_~>..... ."'~..=---~<--.--. _._~~_~<-vr~~_n~_..-. .~__,. _~ _"_ _-.~_._.__"~_..._~~,___~ ' .>_,__~~,....... ~"",_.__",-,_~_" _ .......-.._~~·~_.ßI>-_ Staff Report - Edward Medical Office Building (NWSP 04-012) Memorandum No PZ 04-210 Page 6 triangle. One of these entry structures would be a water fountain; the other would be a monument sign. The Entry Fountain & Sign detail shows that these structures would be no more than six (6) feet in height. The monument sign would have black Palantino style letters constructed of aluminum, mounted flush on the structure. The site plan does not indicate the setback of both structures but only the monument sign would be required to be at least 10 feet from the property line (see Exhibit "C" - Conditions of Approval). RECOMMENDATION: The Technical Review Committee (TRC) has reviewed this request for new site plan approval. Staff recommends approval, contingent upon the approval of the corresponding requests for annexation and rezoning, in conjunction with successfully 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. 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EXHIBIT "C" Conditions of Approval - Revised Project name: Edward Medical Office Building File number: NWSP 04-012 Reference: 3nd review plans identified as a New Site Plan with an October 19, 2004 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: None X PUBLIC WORKS - Traffic Comments: None X ENGINEERING DIVISION Comments: 1. Show sight triangles on the Landscape plans (Chapter 7.5, Article II, Section X 5.H.). Reference FDOT Standard Index 546 for the sight triangles along Federal Highway. 2. Paving, Drainage and site details will not be reviewed for construction X acceptability at this time. All engineering construction details shall be in accordance with the applicable City of Boynton Beach Standard Drawings and the "Engineering Design Handbook and Construction Standards" and will be reviewed at the time of construction permit application. Full drainage plans, including drainage calculations, in accordance with the LDR, Chapter 6, Article IV, Section 5 will be required at the time of permitting. UTILITIES Comments: 3. At the time of permitting, please provide a time line that clearly illustrates X when water and sewer services will be required to serve the proposed project. Your starting date for the timeline should be the date of City Commission approval. Also provide milestone dates for permit application, the start of construction, and the setting of the first water meter. This timeline will be used to determine the adequacy of water and wastewater treatment capacity for your project upon the project's completion, so please be as accurate as possible. 4. All utility easements shall be shown on the site plan and landscape plans (as X well as the Water and Sewer Plans) so that we may determine which appurtenances, trees or shrubbery may interfere with utilities. In general, palm trees will be the only tree species allowed within utility easements. Canopy trees may be planted outside of the easement so that roots and branches will not impact those utilities within the easement in the foreseeable . _-_...____._ 0____ ~____..~~............~ _____..._~~._~~___~-~ COA revised 11/05/04 2 DEPARTMENTS INCLUDE REJECT future. The LDR, Chapter 7.5, Article I, Section 18.1 gives public utilities the authority to remove any trees that interfere with utility services, either in utility easements or public rights-of-way. 5. Palm Beach County Health Department permits will be required for the water X and sewer systems serving this project (CODE, Section 26-12). 6. Fire flow calculations will be required demonstrating the City Code X requirement of 1,500 g.p.m. (500 g.p.m. some residential developments) with 20 p.s.i. residual pressure as stated in the LDR, Chapter 6, Article IV, Section 16, or the requirement imposed by insurance underwriters, whichever is greater (CODE, Section 26-l6(b». 7. 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 seven (7) days of site plan approval, whichever occurs first. This fee will be determined based upon final meter size, or expected demand. 8. Comprehensive Plan Policy 3.C.3.4. requires the conservation of X potable water. As other sources are readily available City water shall not be allowed for irrigation. 9. A building permit for this project shall not be issued until this X Department has approved the plans for the water and/or sewer improvements required to service this project, in accordance with the CODE, Section 26-15. 10. Utility construction details will not be reviewed for construction X acceptability at this time. All utility construction details shall be in accordance with the Utilities 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: 11. Hydrants must flow a minimum of l500gpm @ 20psi over domestic use. X These hydrants must be fully operational before construction can beRin. 12. All security entrance gates must have an electronic key number pad or an X approved alternative and be compliant with the minimum fire department requirements of Section 9-1: Roadway Security Gates and Emergency Access. 13. Fire Department access shall be maintained throughout construction. This X COA revised 11/05/04 3 DEPARTMENTS INCLUDE REJECT includes any security gates. City Ordinance 9-3F. POLICE Comments: None X BUILDING DIVISION Comments: 14. At time of pennit review, submit signed and sealed working drawings of the X proposed construction. 15. Add to the building that is depicted on the drawing titled site plan and floor X plan a labeled symbol that identifies the location of the handicap accessible entrance doors to the building. 2001 FBC, Sections 11-4.1.2, 11-4.1.3, and 11-4.3. 16. Add to the drawing the calculations that were used to identify the minimum X number of required handicap accessible parking space/so Also, state the code section that is applicable to the computations. 17. Identify within the site data the finish floor elevation (lowest floor elevation) X that is proposed for the building. Verify that the proposed elevation is in compliance with regulations of the code by adding specifications to the site data that address the following issues: The design professional-of-record for the project shall add the following text to the site data. "The proposed finish floor elevation _. _ NGVD is above the highest 100-year base flood elevation applicable to the building site, as detennined by the SFWMD' s surface water management construction development regulations." 18. As required by the CBBCO, Part III titled "Land Development Regulations", X submit a site plan that clearly depicts the setback dimensions from each property line to the leading edge of the building/so The leading edge of the building/s begins at the closest point of the overhang or canopy to the property line. In addition, show the distance between all the buildings on all sides. 19. Every exterior wall within 15 feet of a property line shall be equipped with X approved opening protectives per 2001 FBC, Section 705.1.1.2. 20. 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 detennined by the provisions of ASCE 7, Chapter 6, and the provisions of 2001 FBC, Section 1606 (Wind Loads). Calculations that are ~~ -....-.-~-~ , - ~_~-"'_.o..wc-~__.'~. COA revised 11/05/04 4 DEPARTMENTS INCLUDE REJECT signed and sealed by a design professional registered in the state of Florida shall be submitted for review at the time of permit application. 21. 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 (psi) on the plans for the building design. 22. Add to all plan view drawings of the site a labeled symbol that represents the X location and perimeter of the limits of construction proposed with the subject request. 23. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 24. CBBCPP 3.C.3.4 requires the conservation of potable water. City water may X not, therefore, be used for landscape irrigation where other sources are readily available. 25. 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. 26. If capital facility fees (water and sewer) are paid in advance to the City of X Boynton Beach Utilities Department, the following information shall be provided at the time of building permit application: a. The full name of the project as it appears on the Development Order and the Commission-approved site plan. b. The total amount paid and itemized into how much is for water and how much is for sewer. (CBBCO, Chapter 26, Article II, Sections 26-34) 27. At time of permit review, submit a signed and sealed survey as required by X CBB LDR, Chapter 2, Section 9. 28. 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 by the City Commission. 29. The full address of the project shall be submitted with the construction X documents at the time of permit application submittal. 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 COA revised lli05/04 5 DEPARTMENTS INCLUDE REJECT Comments: None X FORESTER/ENVIRONMENT ALIST Comments: Map of Boundarv Survey sheet 13 total Existing Tree species; Live Oak (5), Palm (6), Almond tree (1), and Rubber tree (1). 30. The landscape plan does not indicate the trees that will be preserved, X relocated, or removed / mitigate on-site. Therefore, at the time of permitting, the landscape plan (sheet L1 of 2) shall indicate those trees that would be preserved, relocated, and removed / mitigated on the site. Also, the landscape plan tabular data should indicate the total caliper inches of existing trees proposed to be removed and show all caliper inches of replacement trees on the landscape plan. A separate symbol should be used on the landscape plan to identify the mitigation trees. Staff recommends preserving any Live Oak or Palm trees that are in good health. This determination will be made at the time of permitting. 31. The landscape plans should include a details sheet indicating by a line where X the height, caliper @ DBH, clear trunk, and gray wood area of the shade and palm trees will be measured at time of planting and inspection. 32. At the time of permitting, all shrubs specifications should indicate the height X and spread dimensions. 33. At the time of permitting, the applicant should show on Sheet L-l an X elevation cross-section detail of the actual heights of the proposed landscape trees and vegetation at the time of planting that will (proper scale) visually buffer the proposed buildings from the Federal Highway right-of-way. 34. At the time of permitting, the proposed trees should be installed at a X minimum height that will provide for tree canopies at the 25'-35' height level along Federal Highway. These trees should be installed in an effort to break up the expanse of the buildings. This design should visually obscure portions of the second story level of the buildings. The applicant should evaluate the trees design along the North, South, and West elevations shown on landscape sheet. PLANNING AND ZONING Comments: 35. On the site plan tabular data (sheet S-l), correctly indicate the proposed X building setbacks. Also, indicate that the Land Use is "Local Retail Commercial (LRC) and the zoning is "Community Commercial" C-3). "_". _"__o_~_",__,-__=>;...~=_",-,,,.__ COA revised 11/05/04 6 DEPARTMENTS INCLUDE REJECT 36. The project surveyor certifies that the lot area is 31,702 square feet. The site X plan tabular data does not reflect the same. Prior to the issuance of any permits, revise either one of the plans so that they are both consistent with each other. 37. The removal/relocation of trees is subject to review and approval of the City X Forester / Environmentalist. 38. On the landscape plan (sheet 1 of 1), ensure that the plant quantities must X match between the tabular data and the graphic illustration. 39. 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, please categorize the plant material and quantify as follows: Shade trees, Palm trees, Shrubs & Groundcover. 40. The monument sign must be located at least 10 feet from the front (east) X property line (Chapter 21, Article ill, Section 5.). COMMUNITY REDEVELOPMENT AGNECY CONDITIONS: Comments: 41. None X CITY COMMISSION CONDITIONS: Comments: 42. To be determined. MWR/elj S:\Planning\SHARED\WP\PROJECTS\Edward Medical Office\NWSP 04-012\COA revised.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Edward Medical Office Building APPLICANT: Mr. Hany Edward APPLICANT ADDRESS: 2657 Northwest 29th Avenue Boca Raton, FL 33434 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: November 16, 2004 TYPE OF RELIEF SOUGHT: Request new site plan approval for the construction of a 11,796 square foot building on a 0.72-acre parcel in the C-3 zoning district. LOCATION OF PROPERTY: West side of South Federal Highway, approximately 350 feet south of the intersection of Old Dixie Highway and 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 S:\Planning\SHARED\WP\PROJECTS\Edward Medical Office\NWSP 04-012\DO,doc ~ ,,.,.,.,~ '(- - .....----~......,.~'........_~--- ~--,~.--~"-.- - " VI.-CONSENT AGENDA ITEM E.2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office r=J August3,2004 (Noon,) July 19,2004 o October 4, 2004 (Noon) September 20,2004 o August 17,2004 (Noon) August 2, 2004 r=J October 19,2004 (Noon) October 4,2004 r=J September 7, 2004 o November 3,2004 C) (Noon) August 16, 2004 (Noon) October 18,2004 t-; --t (2- =--<. .-\ r=J September 21, 2004 (Noon) September 7, 2004 [8J November 16. 2004 (Noon) November I, 2~ ~<O m (:::) --, ...::: :-"':CP - ;-"0 Q '-;) -.( r=J Administrative r=J Development Plans ,.-:-c 'þ:. .:-' 0 r=J ~ ~;¡o NATURE OF Consent Agenda New Business -- ?-;r:. - ·-n AGENDA ITEM r=J Public Hearing r=J Legal -- -nco .- "':"'01 (J\ OJ;> r=J Bids r=J UnfInished Business (...) '-"'0 ::;C r=J Announcement r=J Presentation r=J City Manager's Report RECOMMENDATION: Please place this request on the November 16, 2004 City Commission Agenda under Consent Agenda. The Community Redevelopment Agency Board recommended that the subject request be tabled to their January 11, 2005 meeting, to allow time for coordination between the residents and property owners regarding impacts upon them and relocation opportunities. As this item has been noticed, the Commission should also act to postpone it, to a date certain, being the corresponding meeting scheduled for January 18,2005. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-258. EXPLANATION: PROJECT: Barr Property (NWSP 04-013) AGENT: John Barr, Cornerstone PreDÚer Communities OWNER: BMVFL-l, Inc. LOCATION: 1801 NE 4th Street DESCRIPTION: Request New Site Plan approval for a l80-unit townhome development on a 9.88-acre parcel in a proposed PUD zoning district. PROGRAM IMP ACT: N/A FISCAL IMPACT: N/A ~ ALTERNATIVES: N/A Development Department Director City Manager's Signature ML Planning and Zo . irector City Attorney / Finance / Human Resources S:\Planning\SHARED\ WP\PROJECT arr Property\LUAR 04-009\Agenda Item Request Barr Property NWSP 04-013 11-16-04,doc S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DMSION MEMORANDUM NO. PZ 04-258 STAFF REPORT TO: Chair and Members Community Redevelopment Agency Board and City Commission THRU: Michael Rumpf Planning and Zoning Director FROM: Eric Lee Johnson, AICP rf Planner DATE: November 3, 2004 PROJECT NAME/NO: Barr Property / NWSP 04-013 REQUEST: New Site Plan PROJECT DESCRIPnON Property Owner: Boynton Village, LLC. Applicant: Boynton Village, LLC. Agent: Mr. John Barr / The Cornerstone Group, Incorporated Location: On the east side of Northeast 4th Street, approximately 850 feet south of Gateway Boulevard (1801 Northeast 4th Street / see Location Map - Exhibit "Aft) Existing Land Use: High Density Residential (10.8 dwelling units per acre [du/acD (Boynton Mobile Home Park) Existing Zoning: Multi-family Residential (R-3) Proposed Land Use: Special High Density Residential (SHDR - 20 du/ac) Proposed Zoning: Planned Unit Development (PUD) Proposed Use: 180 townhouse units Acreage: 9.888 acres (430,728 square feet) Adjacent Uses: North: Single-family development designated High Density Residential (HDR) and zoned Multi-family Residential (R-3). To the northeast is designated High Density Residential and zoned Planned Unit Development (PUD); - -".---,-- --,--_.........~----_.-.. __ ._n. . .~.-_.______,_ _ ~~__...~""_.......,..-oO__._ ,__" .,._-... _. ~ ~....- ._Ä-<........ Staff Report -Barr Property (NWSP 04-013) Memorandum No PZ 04-258 P~ge 2 South: Southwest is developed commercial (Youthland Academy of Boynton Beach) designated High Density Residential (HDR) and zoned Multi-family Residential (R-3); southeast is developed residential (Rorida Four Seasons Manor ACLF) designated High Density Residential (HDR) and zoned Multi- family Residential (R-3); East: Rights-of-way for the Florida East Coast (FEe) Railroad and North Federal Highway; and West: Right-of-way for Northeast 4th Street, then farther west is developed Multi-family residential (4 Sea Suns Condominiums) designated High Density Residential (HDR) and zoned Planned Unit Development (PUD). PROPERTY OWNER NOTIFICATION Owners of properties within 400 feet of the subject conditional use were mailed a notice of this request and its respective hearing dates. The applicant certifies that they posted signage and mailed notices in accordance with Ordinance No. 04-007. Site Characteristic: The subject site is comprised of multiple lots, resulting in an irregularly-shaped parcel, which totals nearly 10 acres. The parcel is located on the east side of Northeast 4th Street and directly west of the Florida East Coast Railroad tracks. The property is currently developed with 110 mobile homes and their respective parking areas, however, only 94 of them are licensed. As indicated on the survey, a 12-foot wide FP&L easement traverses the center of the property, in a north-south direction. Also, the survey shows the locations of fences (along the property perimeters), the one (1) story clubhouse / swimming pool area and a boat storage area. The letter streets (i.e. "B" Street through "G" Street) are not platted rights- of-way and therefore, would not require abandonment. The highest ground elevation (15 feet) occurs along the west property line, at the northwest corner of the property. BACKGROUND Proposal: Mr. John Barr, representative for Boynton Village, LLC, is proposing a new site plan for 180 townhouse units. The townhouses units would not be fee-simple. Approval of this project is contingent upon the approval of the corresponding request for land use change and rezoning (lUAR 0409-009). Townhouses are permitted uses in the PUD zoning district. Under the Special High Density Residential land use category, the maximum allowable project density would consist of 197 dwelling units (density at 20 dwelling units per acre). The project proposes a total of 180 dwelling units, which equals a density of 18 dwelling units per acre. The entire project would be built in one (1) phase. Staff Report -Barr Property (NWSP 04-013) Memorandum No PZ 04-258 Page 3 ANALYSIS 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 designated Coastal Residential Exception Areas of the county, and therefore meets the Traffic Performance Standards of Palm Beach County. However, the applicant provided a traffic analysis based on only 152 units, not 180 units. Therefore, an updated traffic analysis is required and must be approved by the County prior to the issuance of any building permits (see Exhibit "C" - Conditions of Approval). Furthermore, no building permits are to be issued by the City, after the 2007 build-out date. The County traffic concurrency approval is subject to the Project Aggregation Rules set forth in the Traffic Performance Standards Ordinance. Utilities: The City of Boynton Beach is proceeding with plans for the purchase of surplus potable water from Palm Beach County Utilities, .via existing interconnection points, to supplement its current capacity. This purchase agreement will be in effect within a few months and will provide sufficient capacity to serve this project as it relates to potable water. Sufficient sanitary sewer and wastewater capacity is currently available to serve this project, subject to the applicant making a firm reservation of capacity, following approval of the site plan. Police I Fire: Staff reviewed the site plan and determined that current staffing levels would be sufficient to meet the expected demand for services. 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 request and determined that adequate capacity exists to accommodate 152 dwelling units. However, the School District was not given complete information. Therefore, prior to the issuance of any building permits, the School District must approve the project for 180 dwelling units (see Exhibit "C" - Conditions of Approval). Driveways: The project proposes one main (1) point of ingress / egress to the subject site. This point would be located on Northeast 4th Street. The site plan (sheet SP1) shows that each lane for ingress and egress would be 11 feet in width. This egress lane would allow for both right and left (north and south) turning movements on Northeast 4th Street. It should be noted that another access point is also proposed along Northeast 4th Street. However, this alternate access point would only be used for emergency vehicles in case the main point of ingress / egress is obstructed. ~ -=---,.........-- ~ ~- "-- ~-----«--, - ,--..-." ..--_._>-~,~--_. " --~-.-,--...- Staff Report -Barr Property (NWSP 04-013) Memorandum No PZ 04-258 Page 4 The surface of this access point would be comprised of stabilized sod. To prevent vehicles from entering or exiting, it would be gated and secured with a Knox Box (see Exhibit "c' - Conditions of Approval). No residents or guests would be able to use this alternate entry I exit on Northeast 4th Street. The private streets, internal to the development, would conform to current engineering standards. The street pavement would be 24 feet in width, not including the 2-foot wide valley-gutters and 4-foot wide grassy swale areas. All internal roadways would accommodate two (2) -way traffic movements. Parking Facility: Two (2) and three (3) bedroom dwelling units require two (2) parking spaces per unit. The project proposes a mix of two (2) and three (3) bedroom units for a total of 180 dwelling units. A recreation I clubhouse area is also proposed. Therefore, based on the above referenced number of units and the amenity, the project requires a total of 365 parking spaces. The site plan shows that each unit would have a one (l)-car garage, which would thus equate to 180 parking spaces. In addition, each unit would have enough room to park one (1) vehicle in the driveway (itemized as "tandem parking" on the site plan tabular data), which in turn, would equate to another180 parking spaces. Rnally, the plan proposes 38 off-street parking spaces. Combined, the site plan would provide for a total of 398 parking spaces or an excess of 33 parking spaces. According to the Typical Handicapped & Standard Parking Detail, 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: The Tree Disposition Plan (sheet TD-2) indicates that there are a total of 188 existing trees on-site. The plan indicates that 155 trees would be removed and mitigated; the remaining trees would be relocated. The tree species to be relocated would be the following: Sabal palm, Frangipani, Coconut palm, Queen palm, Gumbo Limbo, Christmas palm, Royal Poinciana, and Royal palm. According to the site plan tabular data (sheet SP1), the proposed pervious area would equal 3.6 acres or 33.43% of the site. The Plant List (sheet L-2) indicates that 381 of the 494 trees (77%) of the trees would be native while 3,427 of the 4,241 or 80% of the shrubs would be native. Ukewise, 2,090 or 51.3% of the 4,071-groundcover plants would be native. This meets the intent of Chapter 7.5, Article II, Section 5.P of the Land Development Regulations. The site plan (sheet SP1) shows that the western landscape buffer would be 40 feet in width. The Northeast 4th Street Landscape Elevations (L-4) show that a five (5) foot high perimeter fence (with 6-foot high decorative columns) is proposed within this buffer, which would be installed close to and running parallel with the west property line. The perimeter plantings along the fence and property line would include staggered rows of Uve Oak and Satinleaf shade trees. The Satinleaf would be 12 feet in height at the time of installation; the Live Oak trees would be 14 feet in height at the time of installation. A row of Redtip Cocoplum hedges and Beach Dune Sunflower plants would be installed along the outside of the fence. Simpson Stopper trees are also proposed within this east landscape buffer, to be Staff Report -Barr Property (NWSP 04-013) Memorandum No PZ 04-258 Page 5 installed on the inside of the fence. The development's front entrance (shown on sheet L-3) would be heavily landscaped with an array of trees, hedges, and groundcover. The plant material would include the following: 440 Imperial Blue Plumbago, 40 Redtip Cocoplum, 20 Cardboard Zamia, 160 Blueberry Flax Lily, seven (7) Hibiscus trees, six (6) Ligustrum trees, four (4) Purple Glory trees, six (6) Montgomery palm trees, and eight (8) Royal palm trees. The width of the south side landscape buffer would vary. It would be approximately three and one-half (3- ¥2) feet in width at its narrowest point but 20 feet in width at its widest point. The landscape plan (sheet L-2) shows that a row of Gumbo Limbo trees and Redtip Cocoplum hedges are proposed within the entire buffer. Three (3) Live Oak trees are proposed at the southwest corner of the property. Staff recommends that the species be switched so that three (3) Gumbo Limbo trees are proposed at the southwest corner of the property and that the Live Oaks are proposed in a row within the length of the buffer (see Exhibit "c" - Conditions of Approval). The rear (east) landscape buffer, adjacent to the railroad tracks would be 20 feet in width. This buffer would include a six (6) foot high C.B.S. wall, a row of Redtip Cocoplum hedges (installed on the inside of the wall), and a row of Green Buttonwood trees. The Green Buttonwood trees would be installed 20 feet apart, which exceeds the minimum code requirement. The side (north) landscape buffer would be 20 feet in width. This buffer would include a six (6) foot high C.B.S. wall, a row of Firebush, and a row of Gumbo Limbo trees (installed on the inside of the wall). The Typical Landscape Plans for each building (sheet TU-1) show that Ixora Nora Grant shrubs and Montgomery palm trees would be placed in front of each building. Redtip Cocoplum hedges would be placed along the sides and rear of the buildings, in particular, in those areas to help screen the at-grade air conditioning units. Building and Site: As previously mentioned, the applicant is requesting to rezone the property to the PUD zoning district with a density of 18 dwelling units per acre. The maximum density allowed by Special High Density Residential land use classification is 20 dwelling units per acre. The 180 dwelling units are proposed within 15 separate buildings on the 9.88-acre site. Each building would contain a varying number of dwelling units, ranging from eight (8) units to 14 units. The unit plans (sheet A.13.0 through sheet A.16.0) show the size of each unit, ranging from 1,356 square feet to 1,879 square feet of "under roof area". The PUD zoning disbict 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 in jeopardy. The project proposes four (4) types of buildings, all of which, would be 3-stories tall. These buildings would be slightly over 35 feet .-'---~-<~---'-'--'--~-"._~"~--~=--'---~----"'~~'- --.-----. . . .._J -4"_.<_·y<~.· .-~-_ . _ _ _,___~ __e~.'-'_. _ _ . Staff Report -Barr Property (NWSP 04-013) Memorandum No PZ 04-258 Page 6 in height, measured at the peak of the pitched roof. The elevations do not indicate the dimension for the mean-height level of the roof. The PUD zoning district contains no minimum building setback requirement. As previously mentioned, the site plan (sheet SP1) shows a 40-foot wide (building) setback from Northeast 4th Street (front) and a 20-foot wide setback from the east property line (rear), north (side), and south (side) property lines. These proposed setbacks are consistent with the existing setbacks within the surrounding neighborhoods. Each unit owner would be allowed to have a concrete patio in the rear yard. The note on the site plan tabular data (sheet SP1) indicates "no screen enclosures are permitted in this project". Nothing would be allowed outside the building envelope. Any such future proposal to have them extend farther than the building envelope would require a master plan modification. However, a six (6) foot high by six (6) foot long masonry wall would be placed at the rear of each unit to provide for extra privacy between units. The recreation area would be located at the center of the development, ftanked by the townhouse buildings on all sides. It would include a clubhouse, swimming pool, park, and tot-lot area. The clubhouse elevation (sheet A-17) shows that the peak of the roof would be 24 feet - 10 inches in height. A five (5) foot high aluminum fence would surround the entire pool area. This would be the same type of fence that is proposed along the west property line. A masonry wall, six (6) feet in height would be placed along the entire north, south, and east property lines Design: The proposed buildings and clubhouse resemble a modern design with textured stucco finish, decorative shutters, and ftat roof tile. The exterior walls of the townhouse and recreation building would be multi-colored consisting of the following Benjamin Moore paints: Base Color 1 - Pale Straw 2021-70, Base Color 2 - Peach Sorbet 2015-40, Shutters and Railings - Midnight Navy 2063-lOm, Accent Color 1 and Outriggers - Chantilly Lace 2121-70. The plans propose one (1) type of outdoor freestanding lighting fixture. However, the photometric plan detail (sheet PH1) illustrates the light pole but does not include its dimensions, exterior finish, or color. One characteristic of this project deserving special recognition is the amount and allocation of the green / open space. This serves as an example of providing an aggregate, usable recreational space area. Signage: The Project Wall Sign detail (sheet A-18) shows that a 32-square foot subdivision sign would be located on the entry watts located along Northeast 4th Street. The detail indicates the lettering style would be bronze Times New Roman lettering style. Staff Report -Barr Property (NWSP 04-013) Memorandum No PZ 04-258 Page 7 RECOMMENDATION: Staff has reviewed this request for new site plan approval and is recommending approval of the site plan, contingent upon the successful request for land use amendment / rezoning (LUAR 04-009) and subject to satisfying all comments indicated in Exhibit "Cft - Conditions of Approval. Any additional conditions recommended by the Board or City Commission shall be documented accordingly in the Conditions of Approval. 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Jb .> ::J. ~j JI~' !J!¡ I: ! ~ k"l ""'" l t .-.J. , IE _ ~ W...ll~i ~i ~¡ ~11¡;~~~ I'" ~., -I,j~ '"( jY- IT fit:! ..II »... ~.. ~~ l=! :IIi {1.~ 1: ~ I' "'" ~ :;; g z c:~ ä - , 'fff O· , g zz 0i E (D 0 ~o -=: '" ~ .... -f-t~ 8 ~~~ '"» '"II!tIi 1;;;....:., , c: ... ã Ei ~,~ ~I!§ .,.r '\-£. 'jj %.» I~it i, (J) ~ n~!Jf~ '-.--' 1 -i-¡J C Q:» ; - ~ ~ ~.~ ++ .. N', '!; rri f-.--'o, j',. ilL -, . , ~~ 8 m ~ ¡ . i o.r .<'. -=- "1 ¡I tì I ' I .", ri:;::' C I : II» I§ j.~.. .... ~"b ß i 4~@f: z~ ..~ i r= Iñ~~~~~ IW'"' '"' ~Ii' » r r . 'i:;j r 1111 J II ~ ... ~ ~ II~.II~..~ ~ ~- ø~ s I. t Æ ~--, ~ I Ii II i ~ ¡:-- ~ ~ ,;, , . ,I. ~" J r 1 Et ~. '1 ~o ~~~\ I I ~- ~ >< -II t i I I ~: -~ ~ ~ ~ I ~ ~J:17 I I fur SIB'fI''-¡:¡' l t ~ ~"" 8G'",I§'~ "''''''''m~u , Ii .. ~~ V~1f!CR in'lfffJI Bf.o¡;'LJJ~ r HDRIR-3 I CUNT' ~ ;;;:;5= 11IE CORNERSTONE GROUP ~==:=== 2121 PONCE DIE LEON BLVD, ::==:=== CORAL GABU:S. FL 33162 ~==:=== (305)40..8281 ~'==:=== <_ fA~_'- ~"__,_o~_>~ ..._.<~_._~"",,",,_""''''''''",_._~_._. _ EXHIBIT "8" ~!Ø¡¡¡QDIi:'iiI~B~ &~ ~~~ P ~~"?:~~,;~t n;UHU :i ~ H ~ ·i······ È~ i §. 1:- q~HHn c _ ~ -I 1 I ~ 1 - ~i~HHn ~ í . - l I ì I I . ~ ~ z ~~a~~~~~~ ~i~;>; i !iHii g f E~ p nn . i iiii . ¡ < ¡ I liB i . ! "Z !f ~ 0 -I ¡-T U\ I [ I I ¡ I 1 ì I Ii 11 j I ! I h . , I g ð·~co. LI'2" q'-' VZ" I , , I . ! I I 1 , ! I . i i . . I I I <- 1 i m~i jSt "·11 -II !I Il :liE liE ~f!! ¡II I ª §ll > ~ê~1 i3!~ ".' I !!l1 fll_ ax .,¡, ~-... ~M ~ H'i ~¡¡i EASTBOYNTON VILLAGE Uli I >6~ H~.t' 0\ ::1% : THE CORNERSTONE GROUP nd J b iC I ! ~ .- t i J ! © 20N (JuII.ey .w-o.. AuodaIa ~ IM:.. Nt R"?b a.-wd. No pðrl of thne 1eI.a. ptøu. or "nIrs InOJ he f8JNVd1lC.d or oapied In OIIJ form ~ ..... 1M .,.,..., wrIfM ßItMnt M a.;..q .w.r.o.. Assodda &rdIhcb. _. i=XHIB'T "B" '..". ". rl' 'O~ I "',,,,, .. I ~ ~ !~ t---- ,. :¡ ¡ o . I ~ ~ 1°IC : . N;;'; . : ~ -\ : ¡ o . I, ;°1' .. I~ ~ . . o ~ q , ~ 1o IC: - NZ: <;. =i ; : "': I; ~ ~---- ~ ~I~ ~ ,~ ¡ ¡.,--,~ . o ~Ir -N~ ~ ~ ~ n 0õ ~ o I¡ - Z ~ Q ISI~' ~ . '1 Q :::; ~ t? I",: : I~ r ~ ---Jji o 0 ~ ! ~ ~ ~ - ! ," I -0 " -0 - I ! r '" r . I 1> 1> i I Z Z :IŽ i.' " I . I ~ .1 .. I~ j. < < l ' ... ~ ~, . ¡ -- ----- - ~~ "",n' lO_~____~ll,:,i~_ r~ ~~ ~Y--f' 1/2" I Z ."aI>-I1 ¡-~-~ nnoo ~ I~~ <. ~ð,~~ ~¡U~ ªI[ I!¡ ¡ t !I~ ~~~ ~ ~;~; ~ E=~ EAST BOYNTON VILLAGE l'IUxl)' <=> ~Q B ~ ~.. I THE CORNERSTONE GROUP 'I U~! rn ~ ~! ~ ¡¡u © 2OO.t Qvincy ..JcJhn$on ~kJtn ArctIitKts. IK.. Nt I!IVf'Ib Rehf¥t1d. No port 01 thIS' i4ects. pJons. .. ifni,,", moy b. reproclUC"td or oopMid In CIJIf tonn whab_r w1tttout .. e.pNSS _"".,. "'*'" of Ovinçy JoMson AssodlMs .ItctIhcts. Inc. ---_.~_. ~--...~~--~.- EXHIBIT "B" . - 'í' II II I I I t1o--'l)' r--lll I III L__J II i I . ¡; ¡ ~§¡ % ., , -I, I , -- - . I~ .. - - -, nn LJ ~ ~ ;¡ " . -- - ~ ~ ~ = r no I. LJ ¡~ ~ \' 14 I 1 I r T i I ì" ¡t; ~ I' i' l I ~ I ~ ~~~ I i~ ~~ ~ ~ f lJ ¡ m EAST BOYNTON VlLLAGE I :UI! ~ ~~ ~ ~ ifi: ~¡ J ~: on f~ ~.f ! f VI THE CORNERSTONE GROUP nd j '=> I ! ~ :1 t i ! I © 2004 0uIrq JohnsoII Aøocloht 4rdIftKts, Inc.. All RighI. R......-. No porf oi tttes. ideos., plolts. or .sftns InOp bI A'procfuctd or CC/øied In 0fW fonot ~ wltIMMrt thIt "p'"'' .rithft ...... of Ouincr Jotansqn AnocWn ardIitKfa. Inc. . - 0\ V\ .þ.. EXHIBIT "8" 11 ~"I: ;0 i~ ~~ -Q - t 0 ~-t---- ---~:~-------- ~-:1 ~ ~I§ ~ I', /', ~ IT ~----------------------------J2t I ~i~ fz ; : : : ", ~/: f : ':~ ;::{ ; , t I, ,, , g ;¡-, . ¡It:', ,,/: I I I !tô! i : ", // : ! ! .. ....¡' ! ¡¿III ,.x, 1110 ~ ! 1"1 I I ".. I I I . !! Ii // ""'" ¡I ¡ I g í I , I /' " I ' , ; I I I.... .. I I I r _ ~ Lt~f-==-=-===~;-~==-==-=-=-4~~ ", . ~ ~i : If c " z ~ i I ~ ¡-1 ](\ ~ ~ ~.) & ~ ... ¡;¡ " ~ f ã . , t II; tf tª w IV - m nil f~ H~I !í~i ~ l!íl ~~I ¡~ ~f' ;~ ~I~ i~ ~h -I ,,~ .:¡ ¡} ,. ,ä ¡¡~ 6 I!I ~I~ .~ 00 ¡ .¡ ) ....¡ ....¡ : ) I § I - "I: 8 t"' ~ S ~ ~ d ~ i f~ , I~ ,. ~ G"..c- J ,~ ¡ J ~I ' -I i~ , í 5 ï~ Uij~ b ;¡ ¡ ~Iig 0'. J / !;I ¡ I :J~ -' I ~~i eJi >.... "4' ~' ~ ~g I~ " n "0' ~ If ~ ¡; õ.. ~ [ f 81 ~ ~·I ;¡ ¡ ! ~H '1 EAS::==::'::v~E t ¡if~Jt @2004 0uIn<y i.Oft ..~da... _Hod>. ...... AD '~hb......... No.....f Ih... ,_. pia.... M .....0. mar .. ~_~.. M oopIod 1ft "" _ ...._ .i...... ... UP'"" .,_ ........ " 0.;"" J.I"... .......... -. ..., - .--~.... -" --. ~--- .~~~- .~.~----.- -~~,"",",><""",---,~--~---", -..-. EXHIBIT "B" \ :,[ J _ _u~_ , :1, i ~J ";i ¡ii Iii ,I j:: ¡;, Iii 1 ;il Ii l:! ,:i :.¡ m I:; r- ;-¡ m < II ¡ !4 :-. õ d I z I "j ! > r- h 0 z !~ C) z m . , - :r rn ~ -I ;u m ~ m -I ., ~I ~i ~~ .. :; U ii t~ ." ¡... o· QI ¡~ I~ ~ -¡ Qj ~ ! Iii !~ ~i i :~ ~ ¡~ i~ ", ~ ~~ ~ tj : !~ - i~ 'iI I ; !~ in ,:I ¡I: i ¡:¡ :I ,!i IJ' :11 li\ L ill I i II r- I 1\1 > III z c cnz z 1(1 om ~. >~ ~ 1\ "'0'" ~ ~ m::T - 1\ men ~. ~ I ' r--I m;:tJ '!' . i " ~m ~ '~ " CD' -4-1 -I j õ z <} ~' lH I'~i EAST BOYNTON VILLAGE =J F JFS Design Inc. . ~~ ~ ~. ~ I 1801 NE 4th Street . J§ H t ;I~ .-¡,~ BOYNTON BEACH, FL 33435 r- ". -5= ~:n:CTURE .£,. THE CORNERSTONE GROUP r.:-c..:" 6u; :cv. It. -~_._- fllli((~lf¡ I~ ,........... ~I. ))ØZ1 ...-.... -or 2121 Ponce de Leon Blvd., Ph " 1&. ('IWJ..u1.~ -- Coral Gables. Florida ..bt. ,-.,.)~~ ..... . ... -..-...- r . EXHIBIT "B" ~ ~ ,_.,_1 ¡ _1~ ~. -.r--.. ,,r-... ./"' .,r-.... ~. ./"""'.. ../"""'.. .,k -/""'\-, -, -:.- -r----.:,-..,-~ : Li' ': \ ~ ÆZ ¡if F,', . n. ,\-...11'-/ '-/ '-J '-' , 'ô" ~», '-7\U~~ .... ',' . , ' I ,q:;r, ' '~'. ,-,.. '.', n ~ "~'~:,~CiìI!!f ~ ., -~ B Ii" ,- ~ ¡ , , - If" , i I - I"i' ,~ ~.¡ !' O~ t4, I [,.,L"; r" .i/î" "-i' , , ... :U . -, '"' ~ I ~"~I ,,-'IN II ~ -l' " u ~j j" ~ -~.( 'i ., ...~.. I· t· l' " !II. ! ! (; ~ I ' , -~ ' -, ,;, ,¡lEI: - ~/ oH i \ ~:. û" - ! r:-;" . '. ~ -:; ~ - - '~rcj ~f!J' ,-~, - :: , I ":!II ~jrí1rl'l ' , " , , rp I' " - - ~ ~- - " I, - I : I (ill .....11'1 :I. ~~K'd' jlEt-;.¡ , 1 I I I - It -,y,"''''¡1! I~ ~.. t!l ~ ' , . , / ' I i I ~ : 0 III" '. }14 '-'!l :::r. >L ;' 1 ,I (I, . - I ,'- -Ll'r, rT / lilt> - f'4"'", I i II. ~rr,~' . ·gœJ!, >! I J ,~:¡:} 'I~I . ',~" ~~I~~~ 12' 1 ,'-- ",( , I I ð ~< ~ \£ . I .J, D...p . ~::¡;~' " ,!;~"f I ";".' . ¡ III 1_ ',.I;; .)", , lr,' ",-~. ~ ¡'ill j : ~'~J .þ=, _I.'! :'I¡..'~ d¿'1Jf (." "ou ~J. .r l'l,t,'~, ,::¿-r-:r r 1 I (, ~ "U-'\. I' I ;,,- '" "'J... 'f.Ø- r ",: t,,~.r , . , ..'" t --~ if~ ~ '" -" " >J. ! i (I -,~''-L 'F;IIJ J' . 'L ~ :!! " '~ --..' I , , '>. .' :/ '" '- I I " . '11M..:.: ,. : ~ '= Iii '_;~ II, (~. '1 \ , ,. . .~ ( ';: " '~ ~ ' ,:! : '('j; ",t,~l!!,;,. ~ ~ ptIJ,i' ,,¡;r:T ~' ¡¡" ("VI '-1,1 ,= ~ · t.' l:=/.¡ ¡,~ ',.¡ "1 ~ ~~!' I ,- n' r ~i"B-- · I : , ~, . "" . 1'--- 1= :1 '. > "-'- i I Ii 1 - , ~ I I, ŒI- ~,J. \. ~ "- ffli 1 ~'" ( 1 I ~ ~:tI' " I I !-"'; ~ ."" ',: ¡¡;~!--.." I II ~ - ' i l ..~', IE : ¡ ~ "~...a. >-C I !Í.' d''- "',.. _ i I '" '.: ï .' . -frpJ) i! ~. ~ ~::r... .~ '- Ii . , -- \ (\. ;-, " :.:..' I' ..~ I" ¡-;J '. : ' ", 'I ,e ~ ,,- .-. ,~Il ".]!;l~ m r]!¡ " t~¡ ,r' c ': , L ~~" (. : ,j >"< I '! f: l¿, ~\ ÿ'lil!l ~ - ~.. _ .. \ . ,~ 0 , ' ,'¡ , -(!] , I \ ...... ~fí: p \. .. "~. E' -7Þ ¡Hi' ~~ / 0 , 1~ !xl:' '-' , '. of ~ I ' ! I - ~~ , ,- ;¡-+---- ,"-- r ~. f:":' c: ' ~ " . II" . . I I I ~_ . r-- I ': r : L -;-.1 AI , ,I \ 1Ii'~' · ' b~~" JJ 'iÞ"'¡" IYr " I en - €I " , 1-'- I' ~I ' Om'~- . ~lIJ 'I» ". 0 ffi " ¡: C'II I z: I ,;, ; .' ;;am, -, f; '1J ' Ii ;:...;, _ I m, ~. .1 '2;rrìcnl ~ 'Ø c¿ , , ,',/ f' ,!C (0, *! I, c< ' ""!iI''''o ~ ~ - 'f 7r"'jl·i'i¡".,l.. :-;' g I:T\ ~lt-- .. Y . '=+. . '& ~[ ~/I / ;;~'r:::r~' ~ !e; ~j I " ~ ~I' ø -L :::1tt-j :'i~ f..::u T '" lìll'~:-'<~¡I~J:~I~ 11l~ -] I ,i ~' ,~I ~ Æ ~ ; i,\j); [0 r- '<0 'i I il~ - T ~ - ,.' - ~ , , .-. " , I' , _ .... ~ ~ : '{; [c:~ 'T ~ '-)]1 'If~~~.; '~ ì II;JI) Ii .~ I . , I lr: I '.,',' I....rn. ... ~ I ,J:, ,~ , "-J,7 "ffll I / ' -;¡ I '( 1.- ~ u~1 ~, ~ !:"~ '. VI/I :-1: " "I I i~ . I (, / , ï I II I ...( 'i.:, \ -UJii:. ~+I '..~,.':., -. -.' ~~ 11,/ ---:ib~ ! c p '( ,'i E - - '1ih .... -~ .r¡ I i!f ' ~ IFI !11i ," .), ~ ~' ~ " / ¡~..:.. _, ! » ì!Ì¡I,~ ,'v ~ ~¡æ- I ) . MAlt l~ - 't I ~ III!' ~ 111 ~', m ~ i! §, . -" . _.' .1.'./ , ~ "¡'!¡II EjE E (~" ~.:~ -Þ; I, !þ i ¡! I I, I r.z. P'I1II fit. \.\, ! z S I' 3 ~! ( ~ I L - ~f t1 - -/1 / ~ ~'.' -... ) 1/1, I, I ~ ~," -L~/! ,', ~@ I; -J ~ ,. i If I ~ f i( f t ,.. !'I ,.. ~ EAST BOYNTON VILLAGE =~i=-S~ ""I j ~~ I I I i 1801 NE 4th Street JFS Design Inc. ï - é~ tt ,lpl~ p BOYNTON BEACH, FL. 33435 LANDSCAPE ARCHrrECTURE . t W URJr LC 000313 - "j i" "r'~ THE CORNERSTONE GROUP r:~..."'ÒIoJ~~~ ----,-.--... . ¡ii! t ~I ~ ~ "IiP. i MW'-.r_Fl :J3IDZ1 ~-"" 2121 Ponce de Leon Blvd.. Ph II 1EL, I....) "'-'-2 .......u-o-"" I Coral Gables. Florida -, .- .r ~ C!&4) +Q-QD -- EXHIBIT "B" 'Q i ~ ¡ìIP,li mljl; iii Ii lil!i m ¡¡ 11 Ii ¡¡!i Ii Ii ¡¡¡mili Ii Ii ¡ ~ ~ ~ !~ ,I ~i"~I~ t;~ if -&I~l ii; 15 ~~ II øi;~ !i !llU!~~f' ~i ~l ; 0 ~ ~ ¡it m 1!¡lul IiI II !!In ill ~i b I~ !m u ~i ~i~~;i~!~ il ~I i ! . Ii) . ~ ,Ii ~f~ 15I!i~~ 't" . ~i~U "~ II Ii I i~li:1 II~w<~h~, 1M II ~ · ~ I~H! !UHUiì I! it ¡11m ' ~ II ¡pa! ~ Ii illli Ii !I!!! m ¡Ii ¡I!m 1:1 II n!!i ¡~ II !i ~ !il~I'I! ! ¡hili¡!! Ii I! ! !: ,.. ¡h8~~EiI§ ~,;~, ~i ~~ ,.. E"8 L. 'f ¡ q ~I jII'a ~il ;. I~~·~h~i Bl fH¡ Ø'fa ~~ ~d' ~'f p ~§~p I, ~¡ !I I; ¡ili ¡ h;; ! ~ !i; ¡i Iii; Hi ~ I n IIi ii i ~II In =1 ¡¡diHh !Itln¡ ¡, I! j, Q ¡ili ¡ ¡ I!!.¡¡¡!! 11 II ¡ ~H ;1 I ih ~; b; ~ I;! ! ~ : i ~g i!~ ~~' ~~I m ì Jn~6~ ~¡ 0 ;II! ~ 1;1' i ml : § ilillb~~ U iì ! ~ !~J i ~~~ i "' · !~i' o'¡¡ . H ~ · &g. ! a j ~ ª ~~i : I : i :.',: I· ¡~j~I~' Inl;~lull' I! I ~Iil 3¡¡. i¡ot ;Ji I '1'.:I~,.:.I,.!.!,;.~'.:2:£:s'l· .~liI.I!'¡~:~¡I' i¡i~.nlg¡YI allB BI~'~ ! !ii I} I I !! ' ' , ... I : Ii r i I! I ! ¡ J [ II' ¡ : I ¡ I 'II! ~ '. ; I .!" i ii ¡; ~ i¡ ¡¡ ¡! i: 'I r 'I ' , .! . ¡! ¡ i, ¡ i} ¡¡ i, ii, i ~ I· ¡¡II I ¡ - I I I I F I 'Zlo' I I : ¡ I I I ' I I ; ( I . ZD I I I'.' I '.u'.tIP'.i.E!·'1 ~ II. ;11:. .';! "'i !it: I :o'.':¡.i.~·I··.·'I~i·1 1·:"."'1'.11"1 rl¡l:o'IBI II~ ~o·. ,~~! . r i ; I I II i ~! I . J 1.1 ¡ i òI! ¡;¡ I : I I ' !.' .; I ," i! ~ ! I I I;;¡ II i I !. II :.1'.1:.11. i.I!!i.'.I!.i!.!! I. I. '11:.11 !I..i¡! iì~l! 111 il· r!!i..~:.r.I!.n!,.· il'I!!!I!I¡i¡¡.I!t!I!i¡III¡.~'1ii!! ifl 5 I r ¡hl r 1~1£¡I!~1 ¡ II ! ~I·; ~I :;;¡ I¡i :¡I~i~lilli¡' PI r IU~III~ ii ·jllKi !~ ' ! I : I ¡>ib¡ I ! ~I;¡¡I. ¡!ill I II tl: I:. I I ~ 'I' li¡ I~: I'¡:¡' ¡ I II.: . I' : f.' " I§I §i I' I If. : I "1J " I ·5' . I i 1<' ,¥' ;~ 'I i ., !ii . I 'I' , I I ;, I i~ 'I r- J ;:~:¡ _:o!,!I::,i !It.~: -'f ¥! li·'¡ii~:·[ E:]jl:i"{i.l~ ;.t'i'; )Þ' I i.i I !.~¡.i!! f¡U!I!.!! I~ !I! II¡IH' ¡!¡{I.i['¡-:.1 ~II. d!'f(!.f:l:.h:..r.!!. }i!¡f,H: Il.!I¡i,¡!¡ ~!!~..ol!.!'.:Î I~, , " :kl:tl f'~llp' I ,II.~: I I' ., ( ,i ! ·If. ;~:lIIH'~: Il'hI! 1;.11 ,J'II'n!.i I 5 ~ I . 'I ¡I:' ~: ¡,;f! I [ti I -i !' 1'1 :~. !.f!{i 1,-;1 Ii'; t ' M II , I .. : ¡ ¡¡;i~'.~1 II~I~!..~;~!.~I 1\' I I.:,!. "'1.1 ·1" .11. I :"'¡~¡.~'.~I.,~!.~. ,.,1 ,,:,1,1111.,:..,1.,1,1[1 .1.1..j'I~ II I . 1""· '1'1" f' ·1 'to I '. 'Jr····'· ·11' ." I····,· . ""':1 , I .: .i::iteil(l 11(¡~II£'"!¡If' .\ I 'I ~¡~I t r.-~ , :o-l~; i. ;~i:-;¡;:_~ ,'t ~ ':!1L~ ; ~;:I~.~ .:1~;!l1::' ft I ': \:.' ~:'I i~i¡:' ~l¡~ I . ~1··1 -.;!~I ~~;; J 1!"i!":;; :ii~:~:i' ;":~..III'!f.1II '.t,lil" ..1i:';"; I: I :; !.;{;! ¡~!~:;I.~~I r I ! ~!!! ':;! ;11 ! I I !;i~";?I(:~:t 1~ld'i'! !";,d;,I~' '"¡;'i~~"¡ ! I ~ I ,.!~;~I :EI~:~:d¡. ¡ i J I -I.~: ~~i.~II' ~:~ II I ¡.J'[I~.i¡ I .';('1'1 'I 1'1' 1.'1 ",tl "r Ii ','II "I'! II II" II' 'I t .' ~ : ;,'t,"' ''t;'t'.;''''o, i i I ,;1 "I- 11- I I~I ¡l'l: !, . I' . : ~, I :. r . . ! t,"I" !-,·-:on. .' I. I i1! .t¡ i I'! ! ¡ . ,l ,': I [ ¡ ,; I å! I ! ¡ , . ,~'I I ,!,;:! " ,',. II, ,II, ", " '. . ..I, ".. ., I..... ; i ! i ¡ I' ~~ Ii ~ Ii ; j ~ - I ~ l~ I f ~ ....¡' . ,. .,.1. ii ~ . !. ..' ..' .~ I, ~.J ;~ I I ,~ ;.·;s {' I ' .; Ii! S; ~ .il~i ·,.ì. " I ~. 'ii,~., 'C> Z ~ ;·-51 '~ I I o Z -. .Ht· l ' I -i C : ¡ :l~~Ši I m rA I ¡ I , .. . ~!\~U Q, J en 0 I.~!~! Q .~.... ~ f ' :Þ ~;. I! i! ~ ;...;;~;; , ' ~ ~ n ~Ii III ~ '.:- l/ -im ( ~J. I, )1- ~ ~ ~, I _WI 2 ;!¡ I r m i ~ :.'.' · . I en z ~! '!: C .~ J~; I~E. ~ ~5 tin ~ (. t !'" "" :" i EAST BOYNTON VILLAGE =J = . J ~~ ¡ If r I i I I I :? 1801 NE 4th Street - ~- JFS Design Inc. r,¡~ I # - I· BOYNTON BEACH FL 33435 - S= LANDSCAPE ARCHITECTURE I t 2 'l ~"I~ II J - lCIIOO3t3 I\) f i! Id §, ~ h (f,1 rr Iß f THE CORNERSTONE GROUP ~~":.~"r'¿;; - .-- _ ___u ~il r~ I~ !t! ,lot! f 2121 Ponce de Leon Blvd., Ph II .........,....._ ..-- ,I if ir C'.nfAlC'..øblml,FInridA ~",~.~__ ...........-..._..._ EXHIBIT "C" Conditions of Approval Project name: Barr Property File number: NWSP 04-013 Reference: 3rd review plans identified as a New Site Plan with an October 12. 2004 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: None X PUBLIC WORKS - Traffic Comments: None X ENGINEERING DIVISION Comments: 1. Complete drainage plans, including drainage calculations in accordance with X the LDR, Chapter 6, Article IV, Section 5 will be required at the time of permitting. 2. Paving, Drainage and site details will not be reviewed for construction X acceptability at this time. An engineering construction details shan be in accordance with the applicable City of Boynton Beach Standard Drawings and the "Engineering Design Handbook and Construction Standards" and will be reviewed at the time of construction permit application. UTILITIES Comments: 3. Palm Beach County Health Department permits will be required for the water X and sewer systems serving this proiect (CODE, Section 26-12). 4. Fire flow calculations will be required demonstrating the City Code X requirement of 1,500 g.p.m. (500 g.p.m. some residential developments) with 20 p.s.i. residual pressure 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)). 5. 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 seven (7) days of site plan approval, whichever occurs first. This fee will be determined based upon final meter size, or expected demand. 6. A building permit for this project shall not be issued until this Department has X ~_ _.________,_.. > ~ 1_>- . _ _.......__o~._._ ..~__k'__ ____.,-____~ -.~~-: COA 11/05/04 2 DEPARTMENTS INCLUDE REJECT approved the plans for the water and/or sewer improvements required to service this proiect, in accordance with the CODE, Section 26-15. 7. Utility construction details will not be reviewed for construction acceptability X at this time. All utility construction details shall be in accordance with the Utilities 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: 8. All portions of this project shall be accessible by the Fire Department from X the time of first construction, per City Ordinance 9-14. This includes the installation of a Knox Box at the alternate point of emergency vehicle ingress / egress. 9. All roads shall be capable of withstanding the weight of Fire Department X vehicles and shall be kept clear at all times. 10. All hydrants shall be wet before construction begins in the area covered by X that hydrant. 11. The site address shall be posted in contrasting six (6) inch high letters. The X address shall be visible from the road way at all times. The address shall be posted before construction begins. POLICE Comments: None X BUILDING DIVISION Comments: 12. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 13. A minimum of 2% of the total parking spaces provided for the dwelling units X covered under the Fair Housing Act shall be accessible and comply with the requirements of the act. Accessible parking spaces shall be equally distributed for each type of parking provided, e.g. surface parking, parking structures, etc. per Title 24 CFR, Part 100.205. 14. At the time of permit review, submit details ofreinforcement 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 within COA 11/05/04 3 DEPARTMENTS INCLUDE REJECT the covered dwelling unit shan comply. 15. Add to the drawing the calculations that were used to identify the minimum X number of required handicap accessible parking space/so Also, state the code section that is applicable to the computations. 16. Add a labeled symbol to the site plan drawing that represents and delineates X the path of travel for the accessible route that is required between the accessible units and the recreational amenities that are provided for the project and other common area elements located at the site. The symbol shall represent the location of the path of travel, not the location of the detectable warning or other pavement markings required to be installed along the path. The location of the accessible path shall not compel the user to travel in a drive/lane area that is located behind parking vehicles. Identify on the plan the width of the accessible route. (Note: The minimum width required by the Code is 44 inches). Add text that would indicate that the symbol represents the accessible route and the route is designed in compliance with regulations specified in the Fair Housing Act. Please note that at time of pennit review, the applicant shall provide detailed documentation on the plans that will verify that the accessible route is in compliance with the regulations specified in the 2001 FBe. This documentation shall include, but not be limited to, providing finish grade elevations along the path of travel. 17. Identify within the site data the finish floor elevation (lowest floor elevation) X that is proposed for the building. Verify that the proposed elevation is in compliance with regulations of the code by adding specifications to the site data that address the following issues: a. The design professional-of-record for the project shall add the fonowing text to the site data. "The proposed finish floor elevation _. _ NGVD is above the highest 100-year base flood elevation applicable to the building site, as detennined by the SFWMD's surface water management construction development regulations." b. From the FIRM map, identify in the site data the title of the flood zone that the building is located within. Where applicable, specify the base flood elevation. If there is no base flood elevation, indicate that on the plans. c. Identify the floor elevation that the design professional has established for the building within the footprint of the building that is shown on the drawings titled site plan, floor plan and paving/drainage (civil plans). 18. To properly detennine the impact fees that will be assessed for the one-story X pool/clubhouse/recreation building/lease office, provide the following: a.Will the pool/clubhouse/recreation building be restricted to the residents of the entire project only? b. WiU the residents have to cross any major roads or thoroughfares to get to the pool/clubhouse/recreation building? c. Will there be any additional deliveries to the site? -.~- - .... ______-_-0.-.- . _._.---.~,. >-- - COA 11/05/04 4 DEPARTMENTS INCLUDE REJECT d. 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 buildingllease office. 19. 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. 20. If capital facility fees (water and sewer) are paid in advance to the City of X Boynton Beach Utilities Department, the following information shall be provided at the time of building permit application: a. The full name of the project as it appears on the Development Order and the Commission-approved site plan. a. 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. b. The number of dwelling units in each building. c. The number of bedrooms in each dwelling unit. d. The total amount paid and itemized into how much is for water and how much is for sewer. (CBBCO, Chapter 26, Article n, Sections 26-34) 21. 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 shall be submitted at time of permit review. 22. 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. A legal description of the land. b. The full name of the project as it appears on the Development Order and the Commission-approved site plan. c. 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. d. The number of dwelling units in each building. e. The total amount being paid. (CBBCO, Chapter 1, Article V, Section 3(1)) 23. The full address of the project shall be submitted with the construction X documents at the time of permit application submittal. COA 11105/04 5 DEPARTMENTS INCLUDE REJECT 24. At the time of permitting, show the proposed site lighting on the site and X landscape plans. PARKS AND RECREATION Comments: 25. The development is comprised of 180 single-family attached units. The X Recreation and Parks Facilities impact Fee is computed as follows: 180 single -family attached units (âJ, $771 ea. = $ 138,780 26. The developer should add bike racks adjacent to the recreation amenities. X FORESTER/ENVIRONMENT ALIST Comments: 27. Irrigation Plan X The irrigation design should be low-flow for water conservation. All shade and palm trees should receive irrigation from a bubbler source (Chapter 7.5, Article II Sec. 5A). 28. Turf areas should be limited in size. Landscape (bedding plants) areas should X be designed on separate low-flow zones with proper time duration for water conservation (Chapter 7.5, Article II Section 5. C.2.). PLANNING AND ZONING Comments: 29. Approval of this site plan is contingent upon the accompanying request for X land use amendment / rezoning (LUAR 04-009). This includes the proposed project density. On the site plan (sheet SPl) tabular data, indicate the project's proposed density. 30. A unity of title may be required. The Building Division of the Department of X Development will determine its applicability. 31. At the time of permitting, the traffic impact analysis must be revised to X indicate 180 townhouse units. The County must approve the analysis prior to the issuance of any building pennits. No building permits are to be issued by the city, after the 2007 build-out date. The County traffic concurrency approval is subject to the Project Aggregation Rules set forth in the Traffic Performance Standards Ordinance. -~ --..,.,......~~~--..........-"---~.....-~,-,~.. -.. . -''''-'-.---~-- ---~ ,- ~ ~- _.-~._~ ..__.____<O_n _.__~ B ___~ COA 11105/04 6 DEPARTMENTS INCLUDE REJECT 32. The School District of Palm Beach County approved the project for 152 X dwelling units for school concurrency but 180 are proposed. At the time of pennitting, the School District of Palm Beach County must approve a total of 180 dwelling units. A revised approval letter (from the County) would be required prior to the issuance of any building pennits. 33. The detail of the typical freestanding outdoor lighting fixture should include X the overall height, exterior finish, materials used (i.e. concrete or aluminum) and color(s). The placement of these 34. On the landscape plan, ensure that the plant quantities must match between X the tabular data and the graphic illustration. 35. All trees, if proposed as trees, must be at least 12 feet in height and three (3) X caliper inches at the time of their installation (Chapter 7.5, Article II, Section 5.C.2.). 36. The landscape plan (sheet L-2) shows that a row of Gumbo Limbo trees and X Redtip Cocoplum hedges are proposed within the south landscape buffer. Also, three (3) Live Oak trees are proposed at the southwest comer of the property. Staff recommends that the species be switched so that three (3) Gumbo Limbo trees are proposed at the southwest comer of the property and that the Live Oaks are proposed in a row within the length of the buffer. ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD COMMENTS: Comments: 37. None X ADDITIONAL CITY COMMISSION COMMENTS: Comments: 38. To be determined. MWR/elj S:\Planning\SHARED\WP\PROJECTS\Barr Property\NWSP 04-013\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Barr Property APPLICANT: Mr. John Barr I The Cornerstone Group, Incorporated APPLICANT'S ADDRESS: 2121 Ponce de Leon Boulevard Penthouse Coral Gable, Florida 33134 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: November 16, 2004 TYPE OF RELIEF SOUGHT: Request new site plan approval to construct 180 townhouse units on 9.888 acres in the PUD zoning district. LOCATION OF PROPERTY: 1801 Northeast 4th Street 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 s, \PlanningISHARED\ \VPIPROJECTSIBarr Property\NWSP 04-013iOOdoc _-""..¿...-c<..,__ _nO__..",_--',c.o_..__._,_ . --~,. . VI.-CONSENT AGENDA ITEM F CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office c=J August3,2oo4 (Noon.) July 19,2004 c=J October 5, 2004 (Noon) September 20, 2004 c=J August 17,2004 (Noon) August 2, 2004 c=J October 19,2004 (Noon) October 4,2004 c=J September 7, 2004 (Noon) August 16,2004 c=J November 3,2004 (Noon) October 18,2004 c=J September 21. 2004 ~ November 16, 2004 ,~ (Noon) September 7, 2004 (Noon) November I, 2004C:) '. J <""')--t =i-< C> --·....0 CJ -~-) 11 c=J Administrative c=J Development Plans ~ 1'\.) C'-OJ "''iC) NATURE OF ~ Consent Agenda c=J New Business V.) ::0-<. AGENDA ITEM c=J c=J --0 ~~:z Public Hearing Legal -:....,...)~ _..:'... 0 .,~ c=J Bids c=J Unftnished Business - ..~- N -'ì --r¡ C'J c=J AnnoWlcement c=J Presentation - -(ôl c» (..J :-:l(") c=J City Manager's Report :1: RECOMMENDATION: Motion to accept the written report to Commission of purchases over $10,000 for the months of July, August, September and October 2004 for informational purposes. EXPLANATION: Per Ordinance 001-66, 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 authorized 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 001-66, 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 IMP ACT: 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. AL TERNA TIVES: Revert back to the old bid threshold of $10,000.00. ~~ ~t~fFinanCe CI anager's SIgnature Procurement Services ~.. Department Name City Attorney / Finance / Human esources S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH APPROVED REQUESTS FOR PURCHASES OVER $10,000 FOR MONTHS ENDED JUL Y, AUGUST, SEPTEMBER AND OCTOBER 2004 1. Vendor: Instituform Technologies Inc. Purchase Amount: $ 30,530.40 Requesting Department: Utilities Contact Person: Pete Mazzella Brief Description of Purchase: The 24-inch diameter gravity sewer along NE 6th Street in the Marina Village area has developed a few minor cracks. Although these cracks do not pose an imminent danger of pipe failure, ongoing heavy construction from the Marina project may exacerbate the weakening of the pipe. The developer, in a gesture of good faith, has offered to reimburse the City a share of this cost up to $17,000. Source for Purchase: Town of Palm Beach Bid #2003-13 Fund Source: 401-5000-590-96-04 R & R - Sewer 2. Vendor: Driveway Maintenance Inc. Purchase Amount: $ 19,985.00 Requesting Department: Public Works/Streets Maintenance Contact Person: George Mantell Brief Description of Purchase: After the completion of the microsurfacing project of pavement overlays and improvements, we are now required to restripe the streets that we have overlayed with centerlines, stop bars, etc. to assist in the safe movement of traffic along these high volume roadways in the Leisureville area. Source for Purchase: Piggyback - Fla Atlantic University Fund Source: 302-4905-580-63-08 & 001-2512-541-53-11 3. Vendor: Police Law Institute Purchase Amount: $ 18,404.00 Requesting Department: Police Contact Person: Marshall Gage Brief Description of Purchase: One year subscription to the Florida Monthly Legal Update & Review, monthly and annual management reports, and individual officer partifipation certificates. Source for Purchase: Sole Source Fund Source: 001-2110-521-52-79 Police-Training Aids The purchases presented in this writle report were approved in accordance with the provisions of Ordinance 2.56, and are now being presented to Comm·ss· n as required. City Manager Approval: Date: Presented to Commission for information on November 16,2004. 1 of 1 ~__~_~c__. ._0 ,-_ __,___......_-.-.........-No-_~_.__.. . ~-_""___~~__'-.~"'___"'.,;. "---. --"-.". -. >._...,,~~,+-.- _.n. VI.-CONSENT AGENDA ITEM G. CITY OF BOYNTON BEACH 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 o August 3, 2004 (Noon.) July 19,2004 o October 5, 2004 (Noon) September 20, 2004 o August 17,2004 (Noon) August 2, 2004 o October 19,2004 (Noon) October 4, 2004 o September 7, 2004 (Noon) August 16,2004 o November 3, 2004 (Noon) October 18,2004 o September 21, 2004 (Noon) September 7, 2004 /Z] November 16, 2004 (Noon) November 1, 2004,~ ,-:¡ ~-, -. --~1 ---~~< (.:=) -;:~ 0 Administrative 0 Development Plans (-) r-.-q --¡ , J 0 ---- ;~J NATURE OF /Z] Consent Agenda New Business f',) ----. c=> ,_D '; -~/ AGENDA ITEM 0 Public Hearing 0 Legal _.--~ ..... ---.....---- -.,-. 0 0 Unfinished Business ),~ Bids '~ C) r'.> - 0 Announcement 0 Presentation , ,. -,~t '-::J ,"':} ~.~- r-;' 0 City Manager's Report CJ ,~-).....> Pl" 0 -'- RECOMMENDATION: Motion to approve emergency hurricane services provided by Southern Waste Systems in the amount of$62,355. EXPLANATION: Southern Waste Systems provided the following post-hurricane services for the Solid Waste Division in the Public Works Department. Debris Removal (Live Loads) - in the amount of$3l,500.00 " Roll-Off Service - in the amount of $30,855.00 Currently the Solid Waste Division uses Southern Waste Systems for the disposal of roll-off materia I. They have a dump site approved by the Solid Waste Authority and the Solid Waste Division has used the disposal facility for several years. After Hurricane Francis it was determined by the Department that we needed assistance in removing debris and in providing roll-off service. In fact, we began hauling our storm debris to Southern Waste Systems after Frances a full two days before the Solid Waste Authority identified John Prince Park as a disposal site. This allowed us to get a jump start on our clean up operations. Because of the nature of the emergency and the need to protect public safety/health the department requested additioÍìal services from Southern Waste Systems using the guidelines from APM 10.10.0] - Procedure for Emergency Purchases (attached). The services rendered for debris removal in the amount of$3l,500.00 are reimbursable from FEMA and are being charged against account #43 1-25 1 5-534-52.98/HR0402 (Emergency Hurricane Account). Seventy - 40-cubic yard loads were removed at a cost of $11.25 per cubic yard. The services rendered for roll-off service included delivery and disposal of construction material due to storm damage at construction sites, businesses and homes. Because of the storm damage, the demand for construction containers excœded our normal inventory of containers and we were unable to meet the customer demand during this peak period. In order to continue our high level of service, the Department deemed it necessary to request contractual assistance. Total cost for this service is $30,855.00 being charged against the Solid Waste Other Contractual Services Account #431-2515-534-49.17. These costs are a direct pass through to our customers and are at no additional cost to the City. S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DQC .... CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM " PROGRAM IMPACT: NI A FISCAL IMP ACT: The debris removal component ($31,500) will be reimbursable by FEMA. The roll-off service is a direct pass through to our customers therefore no fiscal impact. ALTERNATIVES: None ~ ~~~¿rnre ~. ~, i:a~ Public Works Department Department Name City Attorney I Finance I Human Resources " '.. " " 3ULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC ,., " CITY OF'BOYNTON BEACH ADMINISTRATIVE POLICY MANUAL CHAPTER: 10 Purchasing POLICY NO: 10.10.1 SECTION: 10 Emergency Purchases PAGE: Page 1 of 2 SUBJECT: 01 Procedure for Emergency Purchases PURPOSE: This policy establishes respçmsibilities and implements procedures to be followed when making emergency purchases for the City. DEFINITION: The decision to initiate emergency purchasing procedures will usually be governed by the occurrence of an u~xpected situation. An "Emergency" is defined as a situation brought about by a sudden unexpected turn of events (i.e., Act of God, riots, fires, floods accidents, etc.) or any circumstances or causes beyond the control of the City in the n~rmal conduct of bus;ne~s. Emergencies ~Id be in~olving. health, welfare, 'n'ury or 'OSS to the City; which can only be rectified by Immediate purchase of ,~ , . ' , equipment, supplies, matenals, or services. POLICY: Notwithstanding any other provisions of these policies, the City Manager or his designee may make or authorize others to make emergency procurement of supplies, ' 'iervices, or construction items when there exists a threat to public health, welfare, or gfety; provided that such emergency procurement shall be made with such mpetition as is practicable under the circumstances. A written determination of the 'is for the emergency and for the selection of the particular contractor shall be 1dad in the contract file. As soon as practicable, a record of each emergency rement shall be made and shall set forth the contractor's name, the amount and 'f contract, a listing of the item( s) procured ~nder the contract, and the 'ation number of the contract file. gency purchase that exceeds the formal bid amount shall be presented to the '¡ssion on the earliest agenda date. Information should be provided by the 1epartment identifying the extent of the emergency and the determination endor selection. ~ . Policy 10.10.1- Emergency Purchases ... Page 2 of 2 Emergency purchasing procedures may not be implemented to procure goods and/or services needed to carry on what should be considered as normal operations. Failure to anticipate normal operating needs is not to be confused with an emergency situation. Although poor planning, overlooked requirements, inaccurate usage history, . or inadequate forecasting may result in the need for expedited purchasing, these are not bona fide emergencies. DEVELOPED BY: Purchasing Division EFFECTIVE DATE: February 1. 1998 Kerry Willis City Manager . ,.".0.. . !. - " ~ CITY OF BOYNTON BEACH ADMINISTRATIVE POLICY MANUAL CHAPTER: 10 Purchasing POLICY NO: 10.10.1 SECTION: 10 Emergency Purchases PAGE: Page 1 of 2 SUBJECT: 01 Procedure for Emergency Purchases PURPOSE: This policy establishes respçmsibilities and implements procedures to be followed when making emergency purchases for the City. DEFINITION: The decision to initiate emergency purchasing procedures will usually be governed by the occurrence of an un~xpected situation. An "Emergency" is defined as a situation brought about by a sudden unexpected turn of events (i.e., Act of God, riots, fires, ~ floods, accidents, etc.) or any circumstances or causes beyond the control of the City in the normal conduct of business. Emergencies could be involving health, welfare, injury, or loss to the City; which can only be rectified by immediate purchase of equipment, supplies, materials, or services. POLICY: Notwithstanding any other provisions of these policies, the City Manager or his designee may make or authorize others to make emergency procurement of supplies, services, or construction items when there exists a threat to public health, welfare,or safety; provided that such emergency procurement shall be made with such competition as is practicable under the circumstances. A written determination of the basis for the emergency and for the selection of the particular contractor shall be included in the contract file. As soon as practicable, a record of each emergency procurement shall be made and shall set forth the contractor's name, the amount and type of contract, a listing of the item( s) procured ~nder the contract, and the identification number of the contract file. Any emergency purchase that exceeds the formal bid amount shall be presented to the City Commission on the earliest agenda date. Information should be provided by the requesting department identifying the extent of the emergency and the determination process for vendor selection. - , Policy 10.10.1- Emergency Purchases ... Page 2 of 2 Emergency purchasing procedures may not be implemented to procure goods and/or services needed to carry on what should be considered as normal operations. Failure to anticipate normal operating needs is not to be confused with an emergency situation. Although poor planning, overlooked requirements, inaccurate usage history, ,or inadequate forecasting may result in the need for expedited purchasing, these are not bona fide emergencies. DEVELOPED BY: Purchasing Division EFFECTIVE DATE: Februarv 1. 1998 Kerry Willis City Manager ~-- / . '--f-c- . ..1; ~ . - ~ -~---~-,.,.. -. --~-~~- ~~-~ __~.......___o___".......'..._~ __,-_, .. --~,-,"'-->"<,." VI.-CONSENT AGENDA ITEM H. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Conunission Date Final Form Must be Turned Requested City Conunission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office c=J August3,2004 (Noon.)July 19,2004 c=J October 5, 2004 (Noon) September 20,2004 c=J August 17,2004 (Noon) August 2, 2004 c=J October 19, 2004 (Noon) October 4, 2004 c=J September 7,2004 (Noon) August 16,2004 c=J November 3, 2004 (Noon) October 18, 2004 c=J September 21, 2004 [8] November 16, 2004 Ç) (Noon) September 7, 2004 (Noon) November I. 200~-) n-i 0-' ~-< - '"'-'"--- -<0 c::> c; .., < c=J Administrative c=J Development Plans I CJ C·; C) [8] c=J - NATURE OF Consent Agenda New Business - , ~ ""--- AGENDA ITEM c=J Public Hearing c=J Legal " L /) --i ---;...p 0 c=J c=J ::):;<: Bids UnfInished Business - -'1 .. -qw c=J c=J r0 -Pl Announcement Presentation E:'> CJ ·'10 c=J City Manager's Report ~ ..... RECOMMENDATION: A motion to approve the "SURPLUS DONATION OF MEDICAL EQUIPMENT" to a non- profit charitable organization that solicits and ships obsolete and surplus medical equipment for use in Peru (Peruvian-American Public Safety Network, Inc.) as submitted by Deputy Chief Ness and allow for the donation of same. EXPLANATION: Procurement Services has reviewed the "SURPLUS EQUIPMENT LIST" as submitted by Deputy Chief Ness (see attached memo). By Deputy Chief Ness working with the Consulate General of the nation of Peru, this project will provide critical obsolete medical equipment to their country. Procurement Services requests Commission's review, evaluation and approval to donate the surplus medical equipment as per attached listing. PROGRAM IMP ACT: The donation of the surplus medical equipment will provide critical obsolete medical equipment to Peru. FISCAL IMPACT: Th.... ;, no rueal Impact dn. to thi, being a donation~ ýXO¿y..~ AssIstant to the Finance Director City Manager's Signature Procurement Services ~ Department Name City Attorney / Finance Human Resources S:\BULLEllN\FORMS\AGENDA ITEM REQUEST FORM.DOC C: Jim Ness - Deputy Fire Chief File The City of Boynton Beach FL Michael D. Landress, EMS Coordinator Boynton Beach Fire Rescue Department /00 E Boynton Beach Boulevard Bovnton Beach. Florida 33435 Phone: (56/) 742-6337 FAX, (561) 742-6346 w\\'W.bbfrd.org E-mail: landressm@ci,boynton-beachjl.us October 1, 2004 To: DC Ness Cc: Lt. Carlos Reyes Re: Donation of used EMS equipment DC Ness, I have recently received and reviewed this request from Lt. Reyes. The attached list of EMS equipment is out-of- service and will not have an operational impact on Boynton Beach Fire Rescue. I realize we have held discussions regarding a future EMS display case for one of the new stations however, I do not believe donating these items will impact those plans. I am holding equipment for that particular project. Sincerely, Michael D. Landress EMT-P U L..,..·-· Emergency Medical Services Coordinator Boynton Beach Fire Rescue Gateway to the Gulfstream - __.,>-L_. _ ._ ~;-'______""F=--~_ . -.<-~~-.~~--,,~-.....---<. . J _ .____-.......~_"';.-_"¥= >__ 00_' >.~.._<_....-_<_~~ HU~ 25 0401:02p F. 1 -- CONSULAOO C~NE~L 8E~ PfRU 444 61{ICj(ELl',,'E~LE, SUITE "'135 '--^L-".M!. FL]3 1 j 1 r...1iarri, August 23'l1 2004 Mr James Ness Deputy Chief of Administration Boynton Beach Fire Rescue 100 E Boynton Beach Blvd. Boynton Beach. FI 33425-0310 Dear Mr. Ness: As you may be aware. the Fire Rescue Department of Peru is a volunteer system (Bomberos Voluntarios del Perú) which depends an a limited budget from the Central Government and aìso on kind cooperation and donations of the Fire Rescue Groups around the world, specially of the United States. In this order, I would very much appreciate if the Boynton Beach F:re Rescue of Florida, could donate some materia! to their Peruvian counterparts, especially in the area of Physiocontrol Ufe and Ufe Support Prod..Jcts, among others. As in other cases, the donation wilf be handle in a pL:blic ceremony and a recognition will be given to the donators. Any donation will be we!corre and most appreciated by Fi~e Resc.Je Group of Peru as well as by the Per~vian citizens. Yours sincerely, -'\> Y;.../·' -. . j~\ ~:;" .'.... ') .' . .~\~~ ~~ c:, ',:;;¡ '" . ., ".~ ' 'tr:~ ~/J ,~ '. (iJ . '?,p , ~' ,-\\~ :-..':"".-::,.-:--:;¡;-:;' Peruvian-American Public Safety Net\Nork Inc. June 11, 2004 Mike Landress EMS Coordinator City of Boynton Beach Mr. Landress, Peruvian-American Public Safety Network Inc. recycles the medical surplus of wealthy countries to bring life and health to people in developing countries. Each year in the United States alone, more than $6 billion worth of medical surplus is generated. Normally, this surplus would be discarded, costing our health care system more than $700 million in disposal charges. For environmentally responsible humanitarians, we make a direct, high-value impact to both its donors and recipients. Peruvian-American Public Safety Network Inc. gathers surplus medical, surgical, diagnostic, and therapeutic medical supplies and equipment and distributes them, free of charge, to qualified health care givers in developing countlies that primarily serve the indigent population. We are a company based in West Palm Beach, Florida founded in 2003 by Carlos Reyes. How do we do our job? After supplies are collected fTom hospitals, clinics, agencies, and individuals here in the US, they are sorted, inventoried, and shipped in response to requests £Tom ONG abroad that offer medical services to the indigent. Why is our work important? The U.S. healthcare system discards over $6.25 billion of medical surplus every year. · Materials that are past stelile date · Materials opened by never used · Working equipment replaced by newer technology These materials sit in warehouses or find their way to landfills. Meanwhile, in poorer nations, standard medical materials like surgical gloves and sutures are too precious to throwaway. The surplus that is an environmental and economic burden in the United States can provide immeasurable hope and healing overseas. ...", ~'" ...-- ",~~~--~-, --'.~....._......._,,,....,........._-",,,,,",,,,,,,,,,-_. .-~-'--"'=~___"""'_.",o.^.>__~~ Department Memorandum 04-0028 To: Mary Munro Assistant to the Director of Finance From: Deputy Chief J. Ness Date: October 25, 2004 Re: Donation of surplus EMS equipment I have the privilege of working with the Consulate General of the nation of Peru on a project that will provide critical obsolete medical equipment to their country. This project was spearheaded by one of our Fire Lieutenants, Carlos Reyes. Long recognizing the desperate need for even the barest of medical necessities in his home country, Lt. Reyes has formed a non-profit charitable organization that solicits and ships obsolete and surplus medical equipment for use in Peru (Peruvian-American Public Safety Network, Inc.). See attached letter from the Peruvian Consulate General Miami. Our EMS Coordinator, Mike Landress, has identified 19 pieces of surplus medical equipment that we wish to make available to Lt. Reyes' organization. These items are currently of no use to the department and are considered surplus items scheduled for routine disposal (see attached list). Your assistance in this matter is appreciated. Attachments Out-at-service EMS eauioment tor donation consideration 09-29-2004 Quantity ITEM DescriDtion Asset taa# 5 Thumœrs Mechanical CPR device N/A 3 Motorola oaaers Textoaaers w/charaer N/A 1 Nitronox unit Pt. Deliverv SYstem N/A 1 Vision test machine Physical exam 004179 1 Ear test machine Phvsicalexam 004176 1 Lunacaoadtv machine Physical exam N/A 1 Fax machine N/A 2 Ferno stair chairs Out-or-service N/Ä 1 Non-invasive Out-of-service 001802 cacemaker 1 AUTO-BP Out-of-service N/A 1 C02 Detector Out-of service 11488 1 Auto-vent Out-of-service N/A -- <--'_--c.c- -.._...'___._ '''--.---- n_"_..._ no.___ ._._______ ._ .__ _.______'-0_ ~_..- - --~ -, ".-, . . . ---~~ _____n -~~._--.~-- .. - - -,,-- __om . .---- .~.-. .. --"- ." ," - j d_.....~.· ~-.....__~__.....v~~__.........____~.~_ _._. - _...-~...-....._"""...-.~~*--".->'-~'1.-.~ .-_~.o-___.~o~__ -_.-. VIII.-PUBLIC HEARING CITY OF BOYNTON BEACH ITEM A. 1- 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 D August 3, 2004 (Noon.) July 19,2004 D October 4, 2004 (Noon) September 20, 2004 D August 17,2004 (Noon) August 2, 2004 D October 19,2004 (Noon) October 4,2004 D September 7, 2004 (Noon) August 16,2004 D November 3, 2004 (Noon) October 18, 2004 D September 21, 2004 (Noon) September 7, 2004 [g November 16, 2004 (Noon) November 1, 2~ C) ::> -; .... - , ---t~ -- -~ .--.. <-4~__ 0 ' '--' 0 Administrative 0 Development Plans tl~ ':J'1 ,"-m - .:-~,~ NATURE OF D Consent Agenda D New Business c::> ~J_; . - ' ......-.,... AGENDA ITEM [g Public Hearing [g Legal ]::., "J'6 _~ii"_ D Bids D UnfInished Business - 8Z - -'1 .. -nOJ D Announcement D Presentation CJ1 -..:", nJ> 0 r,) íTÏ("') City Manager's Report ::t: RECOMMENDATION: Please place this request on the November 16,2004 City Conunission Agenda under Public Hearing and Legal, Ordinance - First Reading. The Community Redevelopment Agency Board recommended that the subject be tabJed to their January 11, 2005 meeting, to allow time for coordination between the residents and property owners regarding impacts upon them and relocation opportunities. As this item has been noticed, the Conunission should also act to postpone it, to a date certain, being the corresponding meeting scheduled for January 18, 2005. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-263. EXPLANATION: PROJECT: Barr Property (LUAR 04-009) AGENT: John Barr, Cornerstone Premier Communities OWNER: BMVFL-l, Inc. LOCATION: 1801 NE 4th Street DESCRIPTION: Request to amend the Comprehensive Plan Future Land Use Map from High Density Residential to Special High Density Residential; and Proposed use: townhouse community of 180 units. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ~~, ALTERNATIVES: N/A À,Ú~~X Development D ent lfector ;kL Planning and Zoning Dir r City Attorney I Finance I Human Resources S :\Planning\SHARED\ WP\PROJECTS\Barr erty\LUAR 04-OO9\Agenda Item Request Barr Property LUAR 04-009 Amend II-16-04,doc S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING & ZONING DIVISION MEMORANDUM NO. PZ 04-263 TO: Chair and Members Community Redevelopment Agency Board and Oty com~ FROM: Dick Huds , CP Senior Planner ~ THROUGH: Michael W. Rump Director of Planning and Zoning DATE: October 29, 2004 PROJECT NAME/NUMBER: Barr Property LUAR 04-009 REQUEST: Amend the Future Land Use designation from High Density Residential to Special High Density Residential; and, Rezone the property from R-3 Multi-family Residential to PUD Planned Unit Development. PROJECT DESCRIPTION Property Owner: BMVFL-1, Inc. Applicant! Agent: Boynton Village, LLC/Cornerstone Premier Communities Location: 1801 NE 4th Street (Exhibit "AfT) Parcel Size: ±9.88 acres Existing Land Use: High Density Residential (10.8 dwelling units per acre [du/acD (Boynton Mobile Home Park) Existing Zoning: R-3 Multi-family Residential Proposed Land Use: Special High Density Residential (20 du/ac) Proposed Zoning: PUD Planned Unit Development Proposed Use: Townhouse-style condominium community of 180 units . . ..,,---,~ -., -..-.........."._.."'""..._--~, ._""..,..-...._----...._.."'~------- < _ ~..."...~....._'-',.~____.,,_"o_.,~_--__._ _"'~"<~ ,,_ "_ _~_.~.._><_--._,,_._.. Page 2 File Number: LUAR 04-009 Barr Property Adjacent Uses: North: Single-family residential development designated High Density Residential. Property to the northeast is zoned PUD Planned Unit Development; to the northwest the property is zoned R-3 Multi- family Residential. South: Developed property designated High Density Residential (HDR) and zoned R-3 Multi-family Residential (day care center and rental apartments) . East: Rights-of-way of the Florida East Coast (FEe) Railroad and North Federal Highway, then developed property on the east side of Federal Highway, designated Local Retail Commercial and zoned C-3 Community Commercial. West: Right-of-way of NE 4th Street, then developed Multi-family residential (Boynton Bay) designated High Density Residential and zoned PUD Planned Unit Development. EXECUTIVE SUMMARY Staff recommends approval of the requested land use amendment and rezoning for the following reasons: 1. The request is consistent with relevant policies in the Comprehensive Plan and the adopted "Federal Highway Corridor Community Redevelopment Plan". 2. The redevelopment of the property is desirable; the proposed rezoning maintains the residential character of the area, and will provide an aesthetically pleasing living environment in proximity to the downtown. 3. The proposed development meets the standards expected when a Planned Unit Development is requested in the Special High Density Residential land use category. SITE PLAN/MASTER PLAN ANALYSIS It is a basic expectation that anyone requesting the use of the Special High Density Residential land use category and PUD regulations 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 a PUD must be accompanied by a detailed master plan or site plan. In this instance, an application for site plan approval has been submitted and is being reviewed concurrent with this request. The Special High Density Residential land use category allows up to a maximum of 20 du/ac. In this instance, the applicant is proposing a development containing 180 units in a mixture of townhouses and flats with an overall density of 18.2 du/ac. Page 3 File Number: LUAR 04-009 Barr Property The site plan proposes one (1) main point of entrance/egress from NE 4th Street. An emergency point of entrance/egress is shown also from NE 4th Street would be used only when the main entrance is obstructed. The 180 dwelling units are proposed within 15 separate buildings arranged along a loop road within the 9.88-acre site. The number of units within the buildings ranges from eight (8) to 14 units. Two stacked condominium flat units on each end flank two-story townhouse units in each building. Unit sizes range from 1,356 square feet to 1,879 square feet. The maximum height of the structures is 35 feet (3 stories), measured to peak of roof. The PUD zoning district regulations contain no constant minimum setback requirements, requiring however, that setbacks mirror setbacks of adjacent development. The site plan shows a setback of 40 feet from NE 4th Street and 20 feet from all other property lines. These setbacks are consistent with those of adjacent development. A recreation area is proposed for the center of the development, surrounded by the residential buildings on all sides. This area contains a clubhouse with 1,838 square feet under air, a swimming pool, tot-lot and a passive green area. A five (5) foot high aluminum fence will surround the recreation area. Staff has recommended approval of the site plan. PROJECT ANALYSIS Chapter 163.3187, Florida Statutes states the requirements for small-scale Comprehensive Plan map amendments. The proposed amendment must involve a use of fewer than ten (10) acres and a residential use must have a density of ten (10) units or less in density, unless the subject property is located in an area designated for urban infill, urban redevelopment, or downtown revitalization. The parcels, which are the subject of this land use amendment, total 9.88 acres. Even though the requested density is greater than 10 dulac, it is located within a recognized redevelopment area. Because of this and the size of the property under consideration, the amendment qualifies as a "small scale" amendment. A "small-scale" amendment is adopted prior to forwarding to the Florida Department of Community Affairs and is not reviewed for compliance with the state, regional and local comprehensive plans prior to adoption. The criteria used to review Comprehensive Plan amendments and rezonings are listed in the Land Development Regulations, Chapter 2, Section 9, Administration and Enforcement, Item C. Comprehensive Plan Amendments: Rezonings. These criteria are required to be part of a staff analysis when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Map. a. Whether the proposed rezoning would be consistent with applicable comprehensive plan policies including but not limited to, a prohibition against any increase in dwe/ling unit density exceeding 50 in the hurricane evacuation zone without written approval of the Palm Beach County Emergency Planning Division and the City's risk manager. Tñeplanning department shall also recommend limitations or requirements, which would have to be imposed on subsequent development of the property, in order to comply with policies contained in the comprehensive plan. -.-""" ~ ..-- .-~--_. ., -_-...~..~,-""'"'...----~>--~ <~- -- ........_..---~....---._~.-- --......._"-'~~____~...,¿,,-_"'____~"""-Þ-__~_, ...-----~-- ~n._. ,="r-__~__ Page 4 File Number: LUAR 04-009 Barr Property The property is not located within the hurricane evacuation zone. In addition, the proposed townhouse project will replace an antiquated mobile home park with residences that are less vulnerable to the effects of tropical storms than older mobile homes since they must meet minimum standards for High Velocity Hurricane Zones as required by the Florida Building Code. The criteria for assigning the Special High Density Residential land use category are found in Policy 1.16.1 of the Future Land Use Element: "7ñis land use category sha// consist of redevelopment and infill residential areas assigned to this land use category in the portion of the designated Community Redevelopment Area identified as Planning Area I and Planning Area V in the "Federal Highway Corridor Community Redevelopment Plan'; adopted on May 15, 2001. " The proposed redevelopment residential project is located in Planning Area I, as defined in the above-cited redevelopment plan, and therefore meets the criteria for consideration of the land use amendment. Other policies contained in the Comprehensive Plan that are applicable include: Policy 1.19.1 7ñe City shall continue efforts to encourage a full range of housing choices, by allowing densities which can accommodate the approximate number and type of dwellings for which the demand has been projected in the Housing and Future Land Use Elements, including the provision of adequate sites for housing very-IoJtY, low-, and moderate income households and for mobile homes; Policy 1.19.7 7ñe City shall continue to change the land use and zoning to permit only residential or other non-commercial uses in areas where the demand for commercial uses will not increase, particularly in the Coastal Area; and, The requested land use amendment and rezoning are consistent with both policies. In addition, they are consistent with the following strategies for Planning Area I, as stated in the "Federal Highway Corridor Community RedeveloDment Plan": 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; 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. b. Whether the proposed rezoning would be contrary to the established land use pattern, or would create an isolated district unrelated to adjacent and nearby Page 5 File Number: LUAR 04-009 Barr Property districts, or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. The requested land use amendment and rezoning will promote efficient use of the subject property. The property's location within both the Community Redevelopment Area and Planning Area I of the Federal Highway Corridor suggests that the requested increase in density is appropriate for the area. Adjacent properties lying north, west and south of the subject property are designated for high density residential uses, and while the requested density is greater than that of the surrounding development, it is consistent with the transition in uses recommended in the Federal Highway Corridor Community Redevelopment Plan. c. Whether changed or changing conditions make the proposed rezoning desirable. The property is currently developed with an aging mobile home park. The redevelopment of the property is desirable. The proposed rezoning maintains the residential character of the area, and will provide an aesthetically pleasing living environment in proximity to the downtown. c. Whether the proposed use would be compatible with utility systems, roadways, and other public facilities. Projected utility systems demands, traffic generation and public school impact were provided by the applicant and are shown below. ... .... M tf) I:: ... (1.1 "0 E(1.I- - c: 3:N I:: (1.1 ~ E .!2 ro 0 (1.1"0 U .Q (1.1 E 0. ~ Pp V)¡ij IE'" z I:: ro ro ~ 'x .Q .& (1.1- "¡::-E 8 .µ~ .... (1.1 ro ~ 0 OD. .&(1.1 1-1:: ::E(1.Io.. 0..0 roQ (1.1 ..s:::. a.. 3: (.9 u C V) Existing Land Use 110 mobile 249 41,140 gpd 65 peak hr. Elem=9 (Actual) Mobile Home Park homes persons 33,000 gpd trips Middle=4 - - High= 7 -- HDR maximum potential 106 du 242 39,644 gpd 57 peak hr. Elem=8 persons 31,800 gpd trips Middle=4 High=6 Proposed Land Use (SHDR) 197 du 447 73,678 gpcl 106 peak Elem=16 persons 59,100 gpd hr. trips Middle=8 -- High=12 Proposed Development 180 du 409 67,320 gpcl 97 peak hr. Elem=14 persons 54,000 gpd trips Middle= 7 HiQh=l1 1 2.27 persons per du=average household population per 2000 census 2 Demands: Water=347 gpd per unit Sewer=300 gpd per unit 3 Peak Hour Trip Rates: Townhouse=0.54 Mobile Home=0.59 The subject property, located east of Interstate-95, is in the Coastal Residential Exception Area, and is therefore not subject to the Palm Beach County Traffic Performance Standards. The -- ~---...._-""- __O>_>.._=...........--.,__~_""';>..<;._.. __".._.........~" _.,..______~_._...... . ._~~.____..............-_.....>.......__.."'~~.,,~____o___~___ __ .._,_~"~-_~ Page 6 File Number: LUAR 04-009 Barr Property traffic statement provided by the applicant meets the requirements of Palm Beach County by showing both daily trip generation rates and AM and PM peak hour trip generation characteristics. The Utilities Department indicates that sufficient capacity for potable water and sanitary sewer exists to serve the development. 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 determined that adequate capacity exists to accommodate the resident population. The City's Police Department has indicated that service demands of the requested development will be no greater than those currently experienced by the present use. Lastly, drainage will also be reviewed in detail as part of the review of the conditional use application, and must satisfy all requirements of the city and local drainage permitting authorities. e. Whether the proposed rezoning would be compatible with the current and future use of adjacent and nearby properties, or would affect the property values of adjacent or nearby properties. The proposed rezoning to PUD is compatible with abutting development. The project is separated from properties to the east by rights-of-way and development standards of the PUD district require that setbacks of adjacent developments be mirrored in the site plan for the development. f. Whether the property is physically and economically developable under the existing zoning. The property is currently used as a mobile home park. It could be redeveloped under the existing land use designation and zoning, which allows a maximum residential density of 10.8 du/ac. The additional density will enable an economically viable redevelopment project, with units priced lower than the units currently being built in the Federal Highway corridor, thereby conforming to the Comprehensive Plan policy calling for a full range of housing opportunities for residents of the City. g. Whether the proposed rezoning is of a scale which is reasonably related to the needs of the neighborhood and the city as a whole. The property is less than 10 acres in size, but has a linear configuration stretching more than 1,000 feet along the Federal Highway/FEC corridor and is highly visible from Federal Highway. The aesthetic quality of the proposed redevelopment project will greatly improve impacts of the property on the property on the corridor, which is viewed as a gatway into the downtown and is targeted for aesthetic improvements. The requested land use amendment and rezoning will facilitate the redevelopment of the antiquated mobile home park in a manner consistent with the "Federal Highway Corridor Community RedeveloDment Plan". h. Whether there are adequate sites elsewhere in the city for the proposed use, in districts where such use is already allowed. In accordance with the definition of the Special High Density Residential land use designation in Policy 1.16.1 of the Future Land Use Element, residential densities of 20 dulac are permitted in Page 7 File Number: LUAR 04-009 Barr Property 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 dujac; 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. CONCLUSIONS/RECOMMENDATIONS As indicated herein, this request is consistent with the intent of the Comprehensive Plan; will not create additional impacts on infrastructure that cannot be provided; will be compatible with adjacent land uses and will contribute to the overall economic development of the City. Therefore, staff recommends that the subject request be approved. If the Community Redevelopment Agency Board or the City Commission recommends conditions, they will be included within Exhibit "B". ATTACHMENTS S:\Planning\SHARED\WP\PROJECTS\BatT Property\WAR 04-009\STAFF REPORT NEW.doc - ' ______~....<--."""__.."'_........_c_~_~_~_.---- _.-----.._"""'..................,-----'--...~..~_."...~,-=~""'..".._'..- --> "..---..,'-"--~>~--.""""-~~,,.~. '-. ".-~--"-"- EXHIBIT A Barr Amendment LUAR 04-009 Location Map ~ ~ _ I ~I I LRC' I I I µ '-- >-- HDR7 I. -------- "--- j L '---------- J '" ._Il.I'" I~----......., - r-----------., N 1I;.23r!t.Avenue D I := == 1 I I L~Ç j SHDR ~'-- ,~>-- I ~. ."-a >-- rn~Go If:::: >- ~ D REC II I ~ B.. I B :z u ~ ~n~1- - I I § ê~ a§~ ~§ l' ì -r- I I D I §~~§~~§ I~. r II 7 ¡.,.~ i i REC HDR I ~ 1 .. ~ , ti . III I IJII j #! Q 1 .; III / I J I I~ ~I ~, Î ,I: ~~ I I ~ J I LRC ttbl ~II ~ HDR - f- 1 "'"--.. DR aJ I: let... 1 j_ LEGEND: 360 180 0 360 Feet LDR - Low Density Residential HDR - High Density Residential N SHDR - Special High Density Residential A REC - Recreation LRC - Local Retail Commercial VIII.-PUBLIC HEARING - ITEM A. It CITY OF BOYNTON BEACH 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 D August 3, 2004 (Noon.) July 19,2004 D October 4, 2004 (Noon) September 20,2004 D August 17, 2004 (Noon) August 2, 2004 D October 19, 2004 (Noon) October 4,2004 D September 7, 2004 (Noon) August 16,2004 D November 3, 2004 (Noon) October 18,2004 ç') D September 21, 2004 (Noon) September 7,2004 ~ November 16, 2004 (Noon) November 1, 2~3 c) --i ~-< -- ---~- r_'\.._ - '-' C) ;:-)-r¡ <:: D Administrative D Development Plans ~-co - ------:-;0 D D C) :~~ --< NATURE OF Consent Agenda New Business -'::-,_-ï:.. AGENDA ITEM P:: . }--; ~ Public Hearing ~ Legal ... 0 -..::- '---"'--¡r<' - '--J .~ D D - "-r¡ Bids UnfInished Business .. 11m - f"T1 D D U1 gJ> Announcement Presentation w "n D City Manager's Report ::c RECOMMENDATION: Please place this request on the November 16, 2004 City Commission Agenda under Public Hearing and Legal, Ordinance - First Reading. The Community Redevelopment Agency Board recommended that the subject be tabled to their January 11,2005 meeting, to allow time for coordination between the residents and property owners regarding impacts upon them and relocation opportunities. As this item has been noticed, the Commission should also act to postpone it, to a date certain, being the corresponding meeting scheduled for January 18,2005. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-263. EXPLANATION: PROJECT: Barr Property (LUAR 04-009) AGENT: John Barr, Cornerstone Premier Communities OWNER: BMVFL-l, Inc. LOCATION: 1801 NE 4th Street DESCRIPTION: Request to rezone from R-3 Multi-family Residential to Planned Unit Development (PUD). Proposed use: townhouse community of 180 units. PROGRAM IMPACT: N/A FISCAL IMP ACT: N/A ~~ ALTERNATIVES: N/A ~1._1) ~ r,f; (/'G Development D artmen Directof City Manager's Signature Planning and Zoning Dir r City Attorney / Finance / Human Resources S:\Planning\SHARED\ WP\PROJECTS\Barr erty\LUAR 04-009\Agenda Item Request Barr Property LUAR 04-009 rezone 11-16-04,doc S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING & ZONING DMSION MEMORANDUM NO. PZ 04-263 TO: Chair and Members Community Redevelopment Agency Board and City comm~ FROM: Dick Huds , CP THROUGH: Senior Planner ~ Michael W. Rumpf Director of Planning and Zoning DATE: October 29, 2004 PROJECf NAME/NUMBER: Barr Property LUAR 04-009 REQUEST: Amend the Future Land Use designation from High Density Residential to Special High Density Residential; and, Rezone the property from R-3 Multi-family Residential to PUD Planned Unit Development. PROJECT DESCRIPTION Property Owner: BMVFL-1, Inc. Applicant! Agent: Boynton Village, LLC/Comerstone Premier Communities Location: 1801 NE 4th Street (Exhibit "A'') Parcel Size: ±9.88 acres Existing Land Use: High Density Residential (10.8 dwelling units per acre [du/ac]) (Boynton Mobile Home Park) Existing Zoning: R-3 Multi-family Residential Proposed Land Use: Special High Density Residential (20 du/ac) Proposed Zoning: PUD Planned Unit Development Proposed Use: Townhouse-style condominium community of 180 units ,..... .. -----~.- - ----~.._._-_..---------,--=_....-..-..-".-,- _~~__"..>"-_____;<.._~..,_.~...,'"'~......._ _".__ ..__..~'" ~_,_~.__ __..~4_~_ <"_.__L_._,.____.__~_~~< · Page 2 File Number: LUAR 04-009 Barr Property Adjacent Uses: North: Single-family residential development designated High Density Residential. Property to the northeast is zoned PUD Planned Unit Development; to the northwest the property is zoned R-3 Multi- family Residential. South: Developed property designated High Density Residential (HDR) and zoned R-3 Multi-family Residential (day care center and rental apartments). East: Rights-of-way of the Florida East Coast (FEe) Railroad and North Federal Highway, then developed property on the east side of Federal Highway, designated Local Retail Commercial and zoned C-3 Community Commercial. West: Right-of-way of NE 4th Street, then developed Multi-family residential (Boynton Bay) designated High Density Residential and zoned PUD Planned Unit Development. EXECUTIVE SUMMARY Staff recommends approval of the requested land use amendment and rezoning for the following reasons: 1. The request is consistent with relevant policies in the Comprehensive Plan and the adopted "Federal Highway Corridor Community Redevelopment Plan". 2. The redevelopment of the property is desirable; the proposed rezoning maintains the residential character of the area, and will provide an aesthetically pleasing living environment in proximity to the downtown. 3. The proposed development meets the standards expected when a Planned Unit Development is requested in the Special High Density Residential land use category. SITE PLAN/MASTER PLAN ANALYSIS It is a basic expectation that anyone requesting the use of the Special High Density Residential land use category and PUD regulations 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 a PUD must be accompanied by a detailed master plan or site plan. In this instance, an application for site plan approval has been submitted and is being reviewed concurrent with this request. The Special High Density Residential land use category allows up to a maximum of 20 du/ac. In this instance, the applicant is proposing a development containing 180 units in a mixture of townhouses and flats with an overall density of 18.2 du/ac. Page 3 File Number: LUAR 04-009 Barr Property The site plan proposes one (1) main point of entrance/egress from NE 4th Street. An emergency point of entrance/egress is shown also from NE 4th Street would be used only when the main entrance is obstructed. The 180 dwelling units are proposed within 15 separate buildings arranged along a loop road within the 9.88-acre site. The number of units within the buildings ranges from eight (8) to 14 units. Two stacked condominium flat units on each end flank two-story townhouse units in each building. Unit sizes range from 1,356 square feet to 1,879 square feet. The maximum height of the structures is 35 feet (3 stories), measured to peak of roof. The PUD zoning district regulations contain no constant minimum setback requirements, requiring however, that setbacks mirror setbacks of adjacent development. The site plan shows a setback of 40 feet from NE 4th Street and 20 feet from all other property lines. These setbacks are consistent with those of adjacent development. A recreation area is proposed for the center of the development, surrounded by the residential buildings on all sides. This area contains a clubhouse with 1,838 square feet under air, a swimming pool, tot-lot and a passive green area. A five (5) foot high aluminum fence will surround the recreation area. Staff has recommended approval of the site plan. PROJECT ANALYSIS Chapter 163.3187, Florida Statutes states the requirements for small-scale Comprehensive Plan map amendments. The proposed amendment must involve a use of fewer than ten (10) acres and a residential use must have a density of ten (10) units or less in density, unless the subject property is located in an area designated for urban infill, urban redevelopment, or downtown revitalization. The parcels, which are the subject of this land use amendment, total 9.88 acres. Even though the requested density is greater than 10 dulac, it is located within a recognized redevelopment area. Because of this and the size of the property under consideration, the amendment qualifies as a "small scale" amendment. A "small-scale" amendment is adopted prior to forwarding to the Florida Department of Community Affairs and is not reviewed for compliance with the state, regional and local comprehensive plans prior to adoption. The criteria used to review Comprehensive Plan amendments and rezonings are listed in the Land Development Regulations, Chapter 2, Section 9, Administration and Enforcement, Item C. Comprehensive Plan Amendments: Rezonings. These criteria are required to be part of a staff analysis when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Map. a. Whether the proposed rezoning would be consistent with applicable comprehensive plan policies including but not limited to, a prohibition against any increase in dwelling unit density exceeding 50 in the hurricane evacuation zone without written approval of the Palm Beach County Emergency Planning Division and the City's risk manager. tñe planning department shall also recommend limitations or requirements, which would have to be imposed on subsequent development of the property, in order to comply with policies contained in the comprehensive plan. ... ~ - .......,~ __~___......_......<__.....,,_c, _ .__,____ H _ .____"~..__~_...-.;...,.____ -~,~---_...-"-~-",..,., Page 4 File Number: LUAR 04-009 Barr Property The property is not located within the hurricane evacuation zone. In addition, the proposed townhouse project will replace an antiquated mobile home park with residences that are less vulnerable to the effects of tropical storms than older mobile homes since they must meet minimum standards for High Velocity Hurricane Zones as required by the Florida Building Code. The criteria for assigning the Special High Density Residential land use category are found in Policy 1.16.1 of the Future Land Use Element: "This land use category sha/I consist of redevelopment and infill residential areas assigned to this land use category in the portion of the designated Community Redevelopment Area identified as Planning Area I and Planning Area V in the "Federal Highway Corridor Community Redevelopment Plan'; adopted on May 15, 2001. " The proposed redevelopment residential project is located in Planning Area I, as defined in the above-cited redevelopment plan, and therefore meets the criteria for consideration of the land use amendment. Other policies contained in the Comprehensive Plan that are applicable include: Policy 1.19.1 The City shall continue efforts to encourage a full range of housing choices, by allowing densities which can accommodate the approximate number and type of dwellings for which the demand has been projected in the Housing and Future Land Use Elements, including the provision of adequate sites for housing very-low, low-, and moderate income households and for mobile homes; Policy 1.19.7 The City shall continue to change the land use and zoning to permit only residential or other non-commercial uses in areas where the demand for commercial uses wi/I not increase, particularly in the Coastal Area; and, The requested land use amendment and rezoning are consistent with both policies. In addition, they are consistent with the following strategies for Planning Area I, as stated in the "Federal Highwav Corridor Community Redevelocment Plan": 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; 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. b. Whether the proposed rezoning would be contrary to the established land use pattern, or would create an isolated district unrelated to adjacent and nearby Page 5 File Number: LUAR 04-009 Barr Property districts, or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. The requested land use amendment and rezoning will promote efficient use of the subject property. The property's location within both the Community Redevelopment Area and Planning Area I of the Federal Highway Corridor suggests that the requested increase in density is appropriate for the area. Adjacent properties lying north, west and south of the subject property are designated for high density residential uses, and while the requested density is greater than that of the surrounding development, it is consistent with the transition in uses recommended in the Federal Highway Corridor Community Redevelopment Plan. c. Whether changed or changing conditions make the proposed rezoning desirable. The property is currently developed with an aging mobile home park. The redevelopment of the property is desirable. The proposed rezoning maintains the residential character of the area, and will provide an aesthetically pleasing living environment in proximity to the downtown. c. Whether the proposed use would be compatible with utility systems, roadways, and other public facilities. Projected utility systems demands, traffic generation and public school impact were provided by the applicant and are shown below. ..... .... fY} V) c: ... (1) \J E(1)- - c: 3:N c: (1) ::::J E .!2 ~ .Q (1)\J u .Q (1) E a. ~ V)æ IE..... z c:iQ ~ ·x.Q 2 2"5 ì::-E ~ (1) Õ /0 ~ 0 00. 2(1) I-c: 0 :E:(1)a.. a.. 0 /00 (1) .J:: a.. ;: (9 u 0 If) Existing land Use 110 mobile 249 41,140 gpd 65 peak hr. Elem=9 (Actual) Mobile Home Park homes persons 33,000 gpd trips Middle=4 - ---- -. High=7 HDR maximum potential 106 du 242 39,644 gpd 57 peak hr. Elem=8 persons 31,800 gpd trips Middle=4 Hiqh=6 Proposed Land Use (SHDR) 197 du 447 73,678 gpd 106 peak Elem= 16 persons 59,100 gpd hr. trips Middle=8 -- High=12 Proposed Development 180 du 409 67,320 gpd 97 peak hr. Elem=14 persons 54,000 gpd trips Middle= 7 High=l1 1 2.27 persons per du=average household population per 2000 census 2 Demands: Water=347 gpd per unit Sewer=300 gpd per unit 3 Peak Hour Trip Rates: Townhouse=0.54 Mobile Home=0.59 The subject property, located east of Interstate-95, is in the Coastal Residential Exception Area, and is therefore not subject to the Palm Beach County Traffic Performance Standards. The ... "II' ....~~~,<.-. . ,_ _> ~"___~~ __h'''~__.____ _._, ~_å_<'" "~",_"~,--",_~,,,,,,,,,, ~._ - ~ .. _~_ ~_ ,_y~__~,.__ ~_ _ ~ ._'."'.k..... _ _" <~.__ ~. Page 6 File Number: LUAR 04-009 Barr Property traffic statement provided by the applicant meets the requirements of Palm Beach County by showing both daily trip generation rates and AM and PM peak hour trip generation characteristics. The Utilities Department indicates that sufficient capacity for potable water and sanitary sewer exists to serve the development. 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 determined that adequate capacity exists to accommodate the resident population. The City's Police Department has indicated that service demands of the requested development will be no greater than those currently experienced by the present use. Lastly, drainage will also be reviewed in detail as part of the review of the conditional use application, and must satisfy all requirements of the city and local drainage permitting authorities. e. Whether the proposed rezoning would be compatible with the current and future use of adjacent and nearby properties, or would affect the property values of adjacent or nearby properties. The proposed rezoning to PUD is compatible with abutting development. The project is separated from properties to the east by rights-of-way and development standards of the PUD district require that setbacks of adjacent developments be mirrored in the site plan for the development. f. Whether the property is physically and economically developable under the existing zoning. The property is currently used as a mobile home park. It could be redeveloped under the existing land use designation and zoning, which allows a maximum residential density of 10.8 du/ac. The additional density will enable an economically viable redevelopment project, with units priced lower than the units currently being built in the Federal Highway corridor, thereby conforming to the Comprehensive Plan policy calling for a full range of housing opportunities for residents of the City. g. Whether the proposed rezoning is of a scale which is reasonably related to the needs of the neighborhood and the city as a whole. The property is less than 10 acres in size, but has a linear configuration stretching more than 1,000 feet along the Federal Highway/FEC corridor and is highly visible from Federal Highway. The aesthetic quality of the proposed redevelopment project will greatly improve impacts of the property on the property on the corridor, which is viewed as a gatway into the downtown and is targeted for aesthetic improvements. The requested land use amendment and rezoning will facilitate the redevelopment of the antiquated mobile home park in a manner consistent with the "Federal Highway Corridor Community RedeveloDment Plan". h. Whether there are adequate sites elsewhere in the city for the proposed use, in districts where such use is already allowed. In accordance with the definition of the Special High Density Residential land use designation in Policy 1.16.1 of the Future Land Use Element, residential densities of 20 du/ac are permitted in Page 7 File Number: LUAR 04-009 Barr Property 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. CONCLUSIONS/RECOMMENDATIONS As indicated herein, this request is consistent with the intent of the Comprehensive Plan; will not create additional impacts on infrastructure that cannot be provided; will be compatible with adjacent land uses and will contribute to the overall economic development of the City. Therefore, staff recommends that the subject request be approved. If the Community Redevelopment Agency Board or the City Commission recommends conditions, they will be included within Exhibit "B". ATIACHMENTS S:\Planning\SHARED\WP\PROJECTS\Barr Propefty\WAR 04-009\STAFF REPORT NEW.doc T ,.,.,.~<~ ..,..........--.---- >---.~-- -<_.. -' - - ---,~"- ~....~-----~-- . .- .. ---_._,-~._~_.~....-,~-¿~,.# - EXHIBIT A Barr Amendment LUAR 04-009 Location Map ¡-- =- ' HDR/ I ' J LRC , I I T I ~ - I , I~ '--------.J - -- UI ~ -~ - r-----.., ---...... N 1=. 23r~enue CJ I I I - -----i { I I L~q J - - - - SHDR - - ~;t- '/ ~~ [J[JQQ[JQQ()ù(? - REC f---- G(?L:)jJßìO D œrJ[][][J[J 8 u J I I I § 8 1&1 II. ... C ~n+... - î ~ili~ ¡ Î l I I D , .' I I 7 /- J i REC HDR ; I CÞ I r I -; {I j I I _! 51 I / I I Î i'-¡ i \ Li . ii ~- I J // J v-:: ~ IL RC ~=z / f--- f HDR ~ l....- t ~DR , f J IN .1= IR. h - LEGEND: 360 180 0 360 Feet LDR - Low Density Residential HDR . High Density Residential N SHDR - Special High Density Residential A REC - Recreation LRC - Local Retail Commercial ~ VII.-CODE - LEGAL SETTLEMENT CITY OF BOYNTON BEACH ITEM A. AGENDA ITEM REQUEST FORM Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office D August 3, 2004 (Noon,) July 19,2004 D October 5, 2004 (Noon) September 20, 2004 D August 17, 2004 (Noon) August 2,2004 D October 19,2004 (Noon) October 4, 2004 D September 7,2004 (Noon) August 16, 2004 D November 3, 2004 (Noon) October 18, 2004 D September 21, 2004 (Noon) September 7, 2004 [g] November 16, 2004 (Noon) November 1, 2004 0 0 _J Administrative Development Plans ~ ~:1 ,..,~ '- -~-~-< NATURE OF 0 Consent Agenda 0 New Business ~ -~,- ,......, ,.,'--'-- ,~ AGENDA ITEM 0 Public Hearing [g] Legal C:) ,~'ì ~ , -C"J D Bids 0 Unfmished Business I :"'C) - --~~ 0 Announcement 0 Presentation ~ . ~ ,: -! ~JJo 0 City Manager's Report - ~~ :-~ - -;';CJ .. :~ -01 Michael Chenov v. Trov Raines & City of Bovnton Beach (J> G.:,} ¡'1D Plaintiff Counsel: Douglas Bates, Esq., Koppel & Bates, P.A. I Defense Counsel (City): Michael Burke, Esq., Johnson Anselmo Murdoch Burke Piper & McDuff, P.A. Defense Counsel (Raines): George P. Roberts, Jr., Esq., Roberts Reynolds Bedard & Tuzzio, P.A. RECOMMENDATION: Motion to accept and pay court ordered mediated settlement in the amount of $22,000. EXPLANATION: On June 9, 2002, plaintiff was stopped and detained by Boynton Beach Police officers. Complaint was made for false arrest, battery, excess force, malicious prosecution and violation of civil rights of plaintiff. Internal Affairs Investigation sustained the fmding that the use of force was not in accordance with department policies. Other complaints were not sustained. Initial demand at mediation was $75,000. PROGRAM IMPACT: Litigation settlements and judgments of this nature are part of the ongoing responsibilities of the Risk Management Department. FISCAL IMPACT: Settlement will be charged to the Risk Management budget expenses. ALTERNATIVES: Failure to approve settlement will result in claim being litigated. Value of this case at trial is estima d $30-60,000. Additional def""e trialleg,1 '"," Me "timaled 'lZoOO (two def"", 00"",,,1,). ~þP-1 partment Head's Signature City Manager's Signature RISK MANAGEMENT Department Name CJM/Claimgl/ChenoyMO l.dot S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC The City of Boynton Beach, Florida RISK MANAGEMENT DEPARTMENT COMMISSION AGENDA MEMORANDUM TO: Kurt Bressner City Manager THRU: Wilfred Hawkins Assistant City Manager FROM: Charles J. Magazine Risk Manager DATE: November 1, 2004 SUBJECT: Michael Chenoy v. Troy Raines & City of Boynton Beach Date of Loss: June 9, 2002 Risk Management recommends the City Commission ratify the: X Settlement _ Judgement in the above stated manner. RESERVES: Indemnity: $ 50,000 Expenses: $ 50,000 Demand: Original: $ 75,000 Final: $ 24,500 Offer: Original: $ 3,000 Final: $ 22,000 X SETTLEMENT: $ 22,000 NOTE: This settlement is the compromise of a claim for damages. Payment by the City is not to be construed, in any way, as an admission of liability or responsibility for any damages or injuries resulting therefrom. Current Adjustment Fees: $ - Current Legal Fees: $ 46,583 IF NOT SETTLED Projected Legal Fees: $ 30,000 Projected Jury Verdict: $ 30-60,000 JUDGEMENT: $ - - Current Adjustment Fees: $ - Current Legal Fees: $- CASE NARRATIVE: On June 9, 2002, plaintiff was stopped and detained by Boynton Beach Police officers. Complaint was made for false arrest, battery, excess force, malicious prosecution and violation of civil rights of plaintiff. Internal Affairs Investigation sustained the finding that the use of force was not in accordance with department policies. Other complaints were not sustained. Initial demand at mediation was $75,000. Cjrn/ClaimglfChenoyM02,dœ _,_,~~ _'-_'v - ---~,~-....--;.....~-_.-----------.---~--~--._~- >-'-~~-'~~""" ____-_-........-,"'""""'''''''''''.....,_,''''"~........_____._..."'"'''_''_?__ -.. ,_ "'_c.~·___,"_~__<=__.,;o~<~o.."'~_o.-.".;;y.~..... ~ OCT-29-2004 FRI 04:28 PM JOHNSON, ANSELMO FAX NO. 954 463 2444 P. 02 -. , LAW OFF1Cf.S JOHNSON, ANSELMO, MURDOCH, BURKE, PIPER ~ McDuFF, P.A. A PR.O~~.SSIONA\.. ASSOCll'TION SCOTí 0, ALEXANDER, PA ROBERT 1', MURDOCH MICHAEL T, BURi<E 't MICHAå R PIPER, P A. . CAROLYN A. EGAN 24!;5 ~AST SUNRISE IIOULEVAAD WIUJAM E, PLATOW ERIN E. GILL SUITE 1000 JEREMY A. SCHIND~R JEFFREY L HOCHMAN. P.A. !'ORT LAUOERD~. FL 33304 OAVID M. SCHWEIGER, PA <, BRUCE JOHNSON' TAMARA M. $CRUDD~St CAALOS F. MAATIN -- CHRISTQPHËR L, SMITH RICHAAP H. McDUFF, P.A. . TliiLEPHON~ (954) 463-0100 TELECOPIER (954) 463-2444 Rk:r¡Rl/p-- A.ONAl.D P. ANSELMO . "'lUU)C:EHT/I:¡W C}Y/J. 17fw.. uwrJUf's SURLF.G¡:;OR~ t !tú..iJU} cJ!/frlF1£D .Ua¡'ulJ.A 11:." LAWYJUl.\' October 29. 2004 Via Fac:simile Mr. Charles Magazine Risk Management City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425-0310 Re: Michael B. Chenoy vs, City of Boynton Beach Our File No. 23-247 MTB Dear Mr. Magazine: As you are aware, the parties attended a Appellate Me~ation Settlement Conference on October 29, 2004 in the above-referenced matter. The patties have reached a tentative agreement to resolve all of the claims brought by Mr. Chenoy. ~ well as the appellate issues, for the amount of $22,000.00, pending approval by the City ctommission. I would appreciate it if you could place this matter o~ the agenda for the upcoming November 16, 2004 City Commission meeting. If approved qy the Commission, the parties will file the appropriate settlement papers, enter a stipulation (or dismissal of the underlying action, and file the appropriate papers to dismiss the pending appea1. In light of the fact that Plaintiffs Internal Affairs cotnplaínt was sustained by the Boynton Beach Pol ice Department; the comments made by Di$trict Judge Hurley ín his Order denying the Defendants' Motion for SummaI)' Judgment;: and the City's exposure for attorney's fees and costs, r recommend that the City Comrpission approve the proposed settlement. ¡ , , , I I ! OCT-29-2004 FRI 04:28 PM JOHNSON, ANSELMO FAX NO. 954 463 2444 P. 03 I Mr. Charles Magazine October 29,2004 Page 2 Please do not hesitate to contact me should you have a~y questions or concerns. Michael T. Burke For the Firm MTBl1t i I I <,-~-_._- ._----.~~~---~.~---"'-. ~__. ~~,=........,.;_a"'""._.._-~_ - '-'--~.~.~..--..,....~_.-"...~-""",._,,- . XI. - NEW BUSINESS . ITEM A. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Fina! Fonn Must be Tumed Requested City Commission Date Final Fonn Must be Tumed in to City Clerk's Office in to City Clerk· s Office Meeting Dates Meeting Dates (Noon,) July 19,2004 o October 5, 2004 (Noon) September 20, 2004 o August 3, 2004 (Noon) August 2, 2004 o October 19,2004 (Noon) October 4, 2004 o August 17,2004 -- ~;cNember 3. 2004 (Noon) October 18, 2004 o September 7, 2004 (Noon) August 16,2004 o September 21, 2004 (Noon) September 7, 2004 ~ November 16, 2004 (Noon) November I, 2004 0 Administrative 0 Development Plans NATURE OF 0 Consent Agenda IZI New Business AGENDA ITEM 0 Public Hearing 0 Legal 0 Bids 0 Unfinished Business 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDATION: A member of the City Commission has requested that a discussion be held rgarding Suspended Animation, Inc. Accordingly, please place this item on the November 3, 2004 Agenda uier New Business. EXPLANATION: In a letter dated June 6, 2004, the President of Suspended Animation, Inc. indicaJ that his Biomedical Research and Development company, specializing in cryobiological research, had signet fetter of intent to lease space in a facility on High Ridge Road in an M-1 zoned area. He further indicated that company would be seeking an occupational license to conduct research and development activities at that site. The City's Planning Director confirmed, in a letter dated June 22, 2004, that the research aneve10pment activities described in the letter received from Suspended Animation, Inc. appeared to coincide the list of approved uses in the M-1lndustrial Zoning District (Chapter 2, Section 8, A., 1., b., (11). The ZoCode does not further specifically define research and development. Pursuant to the Zoning Verification letter, Suspended Animation, Inc. has applied for an OCCl naf license. However, in the absence of an inspection of the facility, no license has been issued to date. PROGRAM IMPACT: N~ FISCAL IMPACT: N/A AL TERNA TIVES: ---------- e----. Dep City Manap Department of Development l]~ City Attorney ¡ Fine S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM ,DOC _Tf!e City of Boynton Beach DEVELOPMENT DEPARTMENT PLANNING AND ZONING DMSON 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, AorIda 33425-0310 TEL: 561-742-6260 FAX: 561-742-6259 www.boynton-beach.org JIJne 22.2004 Da viti l. Shumaker President and CEO Suspended Animation, Inc. Clo Susan DeLegal Hollémd & Knight LLP One E. Broward Blvd., Ste 1300 Ft. Lauderdale, FL 33301 Dear Ms. DeLegal: Subiect: Request for zoning approval for Biomedical Research and Development in M-1 The dt,cription of the operation proposed by Suspended Animation, Inc., as documénted in Mr. ~umaker's létter dated. June 6, 2004, has been reviewed and found to coincide with thest of approved uses for the City's M-1, Industrial Zoning District. This letter will be kept on 13 as a description of the originally intended, principal use, which is to be researc~d development involving cryobiological science. Please note that this review and apP~1 is with the understanding that storage and/or preservation of bodies or parts thereoof W\emain principally for research purposes rather than for service purposes. P\eas~ c<:>~ me should you have any questions or need further assistance with estabb.sh'o"ur business in Boynton Beach. Sincern\y, 1t/~ Michae'\ W. R". Planning and L 1 Director CC: occupatiOn& 'se MWR:pt HAREO\WP\CORt s:\PIano\n\~\S M thru Z\Suspended Animation, Inc. DL Shumaker 6-22-04.rtf . ,r ~ " . . í SUSPENDED ANIMATION, INC. City of Boynton Beach June 6, 2004 Plant)ing and Zoning Division 100 E. Boynton Beach Boulevard Post Offièe Box 310 Boynton Beach, FL 33425-0310 Attn: Michael W. Rumpf, Director Dear Mr. Rumpf: Suspended Animation (SA) is a Biomedical Research and Development company. SA has signed a letter of intent to lease approximately 7450 sq. ft. of space in a facility at 3020 High Ridge Road, Boynton Beach, FL. SA will be seeking an occupational license to conduct research and development activities at this location. The location is zonedM-l" and SA's activities are consistent with the M-l zoning regulations. A review of the permitted uses in the M-l District reveals that research and development laboratories, commercial testing laboratories, medical and dental laboratories, and manufactming of medical instruments and precision instruments are permitted. ,The following description of the use to be made by SA demonstrates that the use falls within the bounds of these specifically permitted uses. SA is a small biomedical research and development compariy specializing in cryobiological research. Its primary research goal is the development and demonstration of equipment, processes and pharmacological agents to provide reversible long term storage of tissue, organs, and organisms using a cold temperature technique called vitrification. This long term research effort is funded by the Life Extension Foundation, of Ft. Lauderdale, a not-for-profit institute. The effort will continue for 20-40 years. The research focuses on mitigation of ischemic ðamaee at the cellular level and tissue stabilization at low temperature. SA expects that over a period of 20-40 years it will develop many cryopreservation processes and equipments, will demonstrate th~ and will license those developments to firms perfonning cryopreservation of tissue, organs, and organisms (including corneas, bone, organs, embryos, etc.). SA also occasionally fabricates specialized one-of-a-kind research equipment copies of its· own systems and support equipments for other organizations and trains those organizations in the use of the equipment. SA performs labomtory research at the tissue, organ and organism level using tissue cultures, Langendorff organ perfusion equipment laboratory rats, pound euthanized animals (which were previously euthanized for animal control pmposes and would '\ . otherwise be disposed of in landfills), and human cadaveric tissue. All human tissues used in SA's research and development are made available through the Uniform Anatomical Gift act and are obtained through the Florida Anatomical Board located at the University of Florida School of Medicine. The Anatomical Board admiuisters all research uses of human remains in Florida for the Florida Department of Health in accordance with Sections 406.50 through 406.61, Florida Statutes. SA's initial ischemia research will be performed using the facilities of Florida Atlantic University. SA is in the final negotiations for an ischemia research program to be conducted jointly with the Florida Atlantic University Wlder a SA grant to F AU. The effort will then be followed by continued effort at FAU and at SA's facilities as those facilities become available. SA does not maintain research animal colonies at its facilities but purchases and uses small numbers of research rats on an experiment-by-experiment basis. All research is conducted in accordance with applicable USDA and Florida regulations. SA does not produce biological materials of any kind. Hazardous Materials Mixtures of cryoprotective drugs will be tested for efficacy in preserving tissue, organs and organisms at low temperatmes. Primary compounds of interest are Dimethylsulfoxide (DMSO), glycerol, Formamide and glycols (particularly ethyl glycol). Estimated total utilization of all such compounds is 10 gallons per month to be stored in 30 gallon steel drums and disposed of in accordance with all local, state and federal guidelines. In accordance with Chapter 64E, Florida Administrative Code, and other appropriate state and federal regulations, biohazardous materials consisting of sharps (needles, scalpel blades, etc.), blood and tissue, fluid soiled disposable materials, and animal remains will be disposed through a state licensed and bonded facility authorized to haul and incinerate biohazardous wastes in accordance with Chapter 64E and other applicable regulations. Chemical wastes such as solvents, formalin, and other small quantities of laboratory ·chemicals will be hauled away wm the SA facility and disposed of under contract with a state licensed and bonded chemical waste disposal company. Sewage System Discharge: Water containing common household cleaners and detergents and modest amounts of physiologic perfusate used to evaluate organs for viability following preservation procedures will be discharged into the sewer. These physiological perfusates typically contain a combination of small quantities (a few milligrams to grams per liter) of the following innocuous chemicals: Sodium Chloride ---..-<-,-_._-----~ ~------~.~--<----_.---.-- ,-. ~--".-"""--- -.-"..- _.- - - ~~-- ""--" ^->. --..,.;. -- .->,""......,;........--,-, ·> '-, ' . Potassium Chloride Glucose Fructose Mannitol Ribose Adenine Dextran 40 & 75 (fully biodegradable polymers of Glucose) Magnesium Chloride and Magnesium Sulfate Calcium Chloride Hydroxylated Com Starch Sodium Bicarbonate Pharmaceutical Grade Water These solutions are nontoxic, contain the same chemicals commonly found in foodstuffs, and typically are not regarded as hazardous materials. It is estimated that approximately 50 gallons per year of these solutions will be properly discarded. We wish to point out that SA is a research and development company, not a manufacturing facility, and thus the quantities of chemical and biological wastes generated will be minuscule compared to a health care, medical laboratory, pharmaceutical manufacturing, or production facility. ~g) David L. Shumaker ~ President and CEO Suspended Animation, Inc. c/o Susan DeLegal Holland & Knight LLP Ohe E. Broward Boulevard Suite 1300 Fort Lauderdale, Florida 33301 (954) 468-7891 (phone) (954) 463-2030 (Fax) A XI. - NEW BUSINESS ITEM B. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORi,.. 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;. D August 3, 2004 (Noon,) Ju]y 19,2004 D October 5, 2004 (Noon) September 20, 2004 D August] 7,2004 (Noon) August 2, 2004 0 October] 9,2004 (Noon) October 4,2004 D September 7, 2004 (Noon) August ]6, 2004 D November 3, 2004 (Noon) October ]8, 2004 D September 2] , 2004 (Noon) September 7, 2004 [8J November 16, 2004 (Noon) November], 2004 D Administrative D Development Plans NATURE OF D Consent Agenda [8J New Business AGENDA ITEM D Public Hearing D Legal D Bids D Unfmished Business D Announcement D Presentation D City Manager's Report RECOMMENDATION: Discussion of survey findings and any Commission direction for change. EXPLANATION: A member of the City Commission has requested review and possible amendment to pro\lsions of the Code regarding Commissioner's salaries. The attached information represents a current survey of salary and benefit information obtained from other Cities. PROGRAM IMP ACT: None FISCAL IMPACT: Dependent on implementation date, if any, additional funds will need to be appropriated to fund increases. ALTERNATIVES: No diSCussi,on of salary survey. ;¡'1 ~~~ II./} ,. ~//fflH.s ~j1.~~ Department Hea 's SIgnature City Manager's Signature City Attorney's office ~ Department Name City Attorney í Finance / Human Resources S:\BULLETIN\FORl\1S\AGENDA ITEM REQUEST FORl\1,DOC CITY OF BOYNTON BEACH MEMORANDUM TO: Janet Prainito, City Clerk CC: Kurt Bressner, City Manager FROM: J ames A. Cherof, City Attorney ~ DATE: November 12,2004 RE: Updated Commission Salary Survey for 11/16/04 agenda Attached is an updated Commission Salary Survey with information fÌom Palm Beach Gardens which was just provided to this office today. Please provide this information to the Mayor and Commission as soon as possible along with providing copies for the Agenda Books. JAC/lms S:\CA\MEMOR.f>J\¡TIUM\Transmittal - to Clerk (Comm Salary Survey).doc S:\CA\MEMORA.NDUM\TransIllÌttal - to Clerk (Comm Salary Survey).doc · UPDATED COMMISSION SALARY /COMPENSA TION November 2004 CITY/Population MONTHLY SALARY EXPENSES Benefits boynton Beach Mayor - $1,000.00 mo. Mayor - $552.50 mo. Population 61,816 Comm - $750.00 mo. Comm - $510.00 mo. Wellington Mayor and Comm - $300.00 Mayor - $542.00 flat mo. Free health, dental & "ision Population 42,000 monthly Comm - $500.00 flat mo. for them, pay for own family Same Pension benefit as employees Deerfield Beach Mayor - $752.26 mo. Mayor - $841.66 mo. Health ins. $10/bi-wk Population 64,948 Comm - $636.70 mo. Comm - $841.66 mo. Life Ins. Ix annual salary No Pension Benefit De1ray Beach Mayor - $575.00/mo.* Mayor - $369.50 flat mo. Free Health Ins for them, pay Population 61,527 Comm -$460.83/mo.* Comm - $369.50 flat mo. on own for family *going up March (unknown amt) No Pension Benefit Boca Raton Mayor - $750.00/mo. Mileage only Free HMO for them, pay on Population 74,764 Comm - $600.00/mo. own for dental/vision and family No Pension Benefit Riviera Beach Mayor - $933.33 mo. Mayor promo acct $2,500 Health Ins Free for them pay P:,!)Ulation 30,000 Comm - $833.33 mo. Comm promo acct $1,000 ea. for own family Mayor Travel $ 7,500 (up to) Comm Travel $5,000 (up to) No Pension Benefit Pompano Beach Mayor $2,254.00 mo. Mayor $250.00 /flat Free Health Ins for them Population 85,932 V-Mayor $2,209.00 mo. V-M & Comm $200.00/flat Comm. $2,164.00 mo. No Pension Benefit West Palm Beach Mayor $10,416.00 mo. Mayor $400.00 (car allow) Health Ins, deductibles & co- Population 84,371 Comm. $2,500.00 mo. Comm. $450 (secretary allow) pays Free, including medical Comm. $400 mo. (gen exp.) & dental 100,000 Life Ins. Provided 401A 9.5% match by City 15.5% for mayor Lake Worth Mayor - $433.33 mo. Travel Expenses reimbursed Health, dental vision at their Population 30,424 Comm. - $350.00 mo. expense. Car Allowance $600.00 mo No Pension Benefit Palm Bch Gardens** Mayor - $2,000.00 mo. Reimbursement for travel Health, vision, dental, Population 35,000 Comm. - $1,833.00 expenses & per diem disability & life ins for according to State Statute & Council & immediate family City Policies paid for by City. S:\CA\Departments\CIlYATTY\Commission Salary Survey\survey 2004.doc .lformation not provided until 11/12/04 , XII. - LEGAL ITEM 8.1 CITY OF BOYNTON BEACH 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 CitvClerk's Office MeetinJ!: Dates in to City Clerk's Office o August 3, 2004 (Noon,) July 19, 2004 o October 5, 2004 (Noon) September 20, 2004 o August 17, 2004 (Noon) August 2, 2004 o October 19,2004 (Noon) October 4,2004 o September 7, 2004 (Noon) August 16, 2004 o November 3, 2004 (Noon) October 18, 2004 o September 21 , 2004 (Noon) September 7, 2004 ~ November16,2004 (Noon) November I, 2004 0 Administrative 0 Development Plans NATURE OF 0 Consent Agenda 0 New Business AGENDA ITEM 0 Public Hearing ~ Legal 0 Bids 0 Unfmished Business 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDATION: Approval of Ordinance amending Section 108 of the Boynton Beach Administrative Amendments to the 2001 Florida Building Code. EXPLANATION: The proposed Ordinance creates a procedure whereby the City's Building Board of Adjustment and Appeals can conduct a public hearing regarding complaints against contractors for fraud or willful disregard of the building codes, providing for conflicts, severability, codification and an effective date. PROGRAM IMP ACT: None FISCAL IMP ACT: None ~ City Manager's Signature Development Department ~QR- City Attorney / Finance / Human Resources S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM.DOC I , 1 I 2 ORDINANCE NO. 04- I 3 I 4 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 5 FLORIDA, BY AMENDING SECTION 108 OF THE BOYNTON 6 BEACH ADMINISTRA TIVE AMENDMENTS TO THE 2001 7 FLORIDA BUILDING CODE PROVIDING FOR PUBLIC 8 HEARINGS BEFORE THE BUILDING BOARD OF 9 ADJUSTMENT AND APPEALS REGARDING COMPLAINTS 10 AGAINST CONTRACTORS FOR FRAUD OR WILLFUL 11 BUILDING CODE VIOLATIONS; PROVIDING FOR CONFLICTS, 12 SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. 13 14 WHEREAS, staff has recommended that Section 108 of the Boynton Beach 15 Administrative Amendments to the 200 I Florida Building Code be amended to add to the 16 responsibiIities ofthe City of Boyllton Beach Building Board of Adjustment and Appeals, the 17 power to conduct public hearings on complaints regarding contractors perfonning work in 18 the City of Boynton Beach, and to provide procedures therefore; and 19 20 WHEREAS, while the Florida Department of Business and Professional Regulations 21 ("Department") regulates licensed contractors, the Department prefers that local matters first 22 be addressed by the municipality pursuant to Section 489 .113( 4)(b), Florida Statutes; and 23 24 WHEREAS, the City Commission has detennined that it is in the best interest of the 25 City, its residents, property owners, and visitors to revise the Section 108 regulations which 26 govern the Building Board of Adjustment to provide for additional powers, procedures, and 27 responsibility; and 28 29 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE 30 CITY OF BOYNTON BEACH, FLORIDA, THAT: 31 32 Section I. The foregoing whereas clauses are true and correct and are now ratified 33 and confinned by the City Commission. 34 Section 2. That Section 108 of the Boynton Beach Administrative Amendments 35 to the 2001 Florida Building Code is hereby amended by deleting the words and figures in 36 struck-through type, as follows: 37 38 108 BUILDING BOARD OF ADJUSTMENT AND APPEALS 39 ... 40 S:\CA\Ordinances\Building\Sec 108 BB AmeDdments to 2001 Building Code. doc ev, 10-12-04 I , 108.4 APPEALS ì I 2 .. . 3 108.4.5 COMPLAINTS AGAINST CONTRACTORS 4 0) The board is the "local construction regulation board," 5 under the meaning set forth in Section 489 .113( 4)(b ), 6 Florida Statutes. 7 (2) Complaints against contractors perfomling work in the City 8 of Boynton Beach for violations of Section 105.11 of these 9 Amendments may be brought to the board by the City 10 Building Official or his or her designee. There is no intent 11 to create a private right or cause of action in this section. 12 (3) Complaints against contractors may be originated by 13 anyone on a form prepared for that purpose by the building 14 department. All complaints shall be investigated by the 15 building official, who upon determination of a violation of 16 Section 105.11 ofthese Amendments, shall act as follows: 17 (a) The building official shall promptly forward a copy 18 of his findings and the complaint to the alleged 19 violator and shall provide the alleged violator with 20 a reasonable time to respond to the building official 21 or to correct the violation. 22 (b) The building official shall also promptly forward a 23 copy of the findings and the complaint to the owner 24 of the site or building where the violation exists and 25 shall explain the nature of the violation and the 26 action taken by the building department. 27 (c) The building official shall also notify the 28 complainant of the findings of any action taken by 29 the building official. If the complainant is not 30 satisfied with the findings or actions of the building 31 official at this time, complainant may request to be 32 placed on the next open agenda of the board. 33 (d) If the alleged violation has not been corrected 34 within the time prescribed by the building official, 35 the building official shan present the violation to 36 the board at its next meeting and petition the board 37 for a hearing concerning said violation. Upon 38 approval of said hearing by the Board. the Building 39 Department shall adhere to the requirements of (4) 40 below. 41 (4) Board hearing. :\CA\Ordinances\Building\Sec 108 BB Amendments to 2001 Building Code.doc ev. 10-12-04 II I 1 (a) Upon establishment of a hearing date by the board, 2 the department shall notify both the alleged violator 3 I and any complainant and request their presence at 4 the hearing. 5 (b) At the hearing, the building official, complainant, 6 and the alleged violator shall be permitted to 7 present evidence concerning the complaint. Upon 8 presentation of all evidence of violation and other 9 information, the board, sitting as an impartial board, 10 shall render a decision as to whether the contractor 11 is guilty of violating Section 105.11 of these 12 Amendments and impose disciplinary action if 13 warranted. 14 (5) Nothing in this section shall prohibit the board, on its own 15 motion, from investigating and holding hearings on any 16 violation provided herein. 17 (6) In imposing discipline, the Board may deny, suspend, or 18 revoke the authority of a contractor to obtain building 19 permits from the City Building Department or limit such 20 authority to obtain permits. 21 (7) If discipline has been imposed against the contractor by the 22 Board, the Budding Official shall forward information and 23 orders pertaining to the hearing and discipline imposed to 24 the State of Florida Department of Business and 25 Professional Regulation for possible action before the 26 Construction Industry Licensing Board. 27 108.5 PROCEDURES OF THE BOARD 28 ... 29 108.5.2 DECISIONS. The Building Board of Adjustment and Appeals 30 shall, in every case, reach a decision without unreasonable or unnecessary 31 delay. Each decision of the board shall also include the reasons for the 32 decision. If a decision of the board reverses or modifies a refusal, order, or 33 disallowance of the building official or varies the application of any 34 provision of this code, the building official shall immediately take action 35 in accordance with such decision. Every decision shall be promptly filed 36 in writing in the office of the building official and shan be open to public 37 inspection. A certified copy of the decision shall be sent by mail or 38 otherwise to the appellant and a copy shall be kept publicly posted in the 39 office of the building official for two weeks after filing. Every decision of 40 the board shall be final; subject however to such remedy as any aggrieved 41 party might have at law or in equity. For those cases brought before the 42 Building Board of Adiustment pursuant to Section 108.4.5 above, a coPy 43 of the decision shall be sent by mail or otherwise to the subiect contractor, 44 the complainant. and to the State of Florida Department of Business and 45 Professional Regulations. :\CA \Ordinances\BuiJding\Sec 108 BB Amendments to 2001 Building Code.doc ev,10-12-04 I I i I Section 3. That ordinances or parts of ordinances in conflict herewith be and the ] 2 same are hereby repealed, provided that in the event of a conflict with respect to 3 administration of the building codes, existing administrative laws or rules of the City shall 4 control. 5 6 Section 4. Should any section or provision of this Ordinance or any portion 7 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not 8 affect the remainder of this Ordinance. 9 10 Section 5: Authority is hereby granted to codify said Ordinance. 11 12 Section 6: This Ordinance shall become effective immediately upon passage. 13 14 FIRST READING this _ day of , 2004. 15 16 SECOND, FINAL READING and PASSAGE _day of , 2004. 17 18 CITY OF BOYNTON BEACH, FLORIDA 19 20 21 Mayor 22 23 24 Vice Mayor 25 26 27 Commissioner 28 29 30 Commissioner 31 32 33 Commissioner 34 35 TTEST: 36 37 38 39 ity Clerk 40 :\CA\Ordinances\Building\Sec 108 DB Amendments to 2001 Building Code.doc ev. 10-12-04