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Agenda 03-01-05The City of 100 E. Boynton Beach Boulevard · (561)742-6000 City Commission AGENDA MARCH 1, 2005 Jerry Taylor Mayor At Large Bob Ensler Commissioner District I Mack McCray Vice Mayor District II Mike Ferguson Commissioner District III Carl McKoy Commissioner District IV Kurt Bressner City Manager www.boynton-beach.org We're Reinventing City Living for the Millennium WELCOME Thank you for attending the City Commission Meeting GENERAL RULES & PROCEDURES FOR PUBLIC PARTICIPATION AT CITY OF BOYNTON BEACH COMMISSION MEETINGS THE AGENDA: There is an official agenda for every meeting of the City Commissioners, which determines the order of business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or item of business, which is not listed upon the official agenda, unless a majority of the Commission has first consented to the presentation for consideration and action. · Consent Agenda Items: These are items which the Commission does not ne~l to discuss individually and which are voted on as a group. · Regular Agenda Items: These are items which the Commission will discuss individually in the order listed on the agenda. · Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either a regular voice vote with "Ayes & Nays" or by a roll call vote. SPEAKING AT COMMISSION MEETINGS: The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public Audience, and on any regular agenda item. City Commission meetings are business meetings and, as such, the Commission retains the right to limit discussion on an issue. · Public Hearings: Any citizen may speak on an official agenda item under the section entitled "Public Hearings." · Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of the Commission. · Regular Agenda Items: Any citizen may speak on any official agenda item(s) listed on the agenda after a motion has been made and properly seconded. ADDRESSING THE COMMISSION: When addressing the Commission, please step up to either podium and state, for the record, your name and address. DECORUM: Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission will be barred from further audience before the Commission by the presiding officer, unless permission to continue or again address the Commission is granted by the majority vote of the Commission members present. Please turn off all pagers and cellular phones in the City Commission Chambers while the City Commission Meeting is in session. City Commission meetings are held in the Boynton Beach City Commissiort Chambers, 10J) East Boynton Beach Boulevard, Boynton Beach. All regular meetings are held typically on the first and third Tuesdays of every month, starting at 6:30 p.m. (Please check the Agenda Schedule - some meetings have been moved due to Holidays/Election Day). March 1, 2005 CITY OF BOYNTON BE 4CH REGULAR c. rry ¢OAfM_r$$ION AfEETING AGENDA 6:30 P.M. OPENI'NGS: A. Call to Order - Mayor Jerry Taylor B. Invocation - Reverend Randall Gill - im Presbyterian Church C. Pledge of Allegiance to the Flag led by Commissioner Bob Ensler D. Agenda Approval: I'T. OTHER: 1. Additions, Deletions, Corrections 2. Adoption A. Informational Items by Members of the City Commission 1'1'1'. ANNOUNCEMENTS, COMMUNTrY & SPECZAL EVENTS, & PRESENTATLONS: A. Announcements: None B. Community and Special Events: I~ledieval Faire, Saturday & Sunday, March 19-20, 10 A.M.-5 P.M. each day, at Jaycee Park, 2700 block S. Federal Hwy. $6 general admission each day, Children 8 & under free, $1 off general admission with coupon on specially marked bottles of Coca-Cola'in local stores. Royal Feast, $30, includes admission, four-course meal, beverage, entertainment and souvenir. Tickets at City Hall, City Hall in the Mall, online at www.ticketweb.com, or at the gate. Concer~ on the Green, Saturday, April 16, at The Links at Boynton Beach, 8020 .log Rd. Featuring Bad Company lead singer Brian Howe. Gates open 6 P.M., Concert 8 P.M. Tickets $20 at City Hall,-City Hall in the Mall, The Links, online at www.ticketweb.com or at the gate. Agenda Regular City Commission Meeting Boynton Beach~ Florida March 1, 200S C. Presentations: 1. "The Utel Project - Workforce Development" presented by Quetel Osterval, President and ]ulie Feliciano, Vice President. PUBLIC AUDTENCE: - INDZVIDUAL SPEAKERS WILL BE LTMZTED TO 3-MINUTE PRESENTATZONS (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) ADMINZSTRA'I'ZVE: A. Accept the resignation of 3oan C. White, Regular member of the Senior Advisory Board. B. Accept the resignation of Anne Vonick, Alternate member of the Advisory Board Appointment To Be Made on Children & Youth. Accept the resignation Compliance Board. Appointments to be made: of Patti Hammer, Regular member of the Code Length of Term Board Expiration Date (Appointments will reappear on the 4/$/05 Agenda) 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. Minutes: :L. Agenda Preview Conference - February 11, 2005 2. Regular City Commission Meeting - February 15, 2005 2 Agenda Regular City Commission Meeting Boynton Beach, Florida March It 2005 Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2004-2005 Adopted Budget Approve a piggy-back with Broward County on Bid # P-Y-02-275-B1; Emergency Installation and Repair Service for Wate~ and Sewer to Jackson and Sons Construction Company of Pompano Beach, FL in the amount of $277,170.00 Co Resolutions: Proposed Resolution No. R05-012 Re: Approving adopting grant funding policies ('I'ABI..ED TO II,lARCH 15, 2005) and Proposed Resolution No. R05-034 Re: Authorizing the execution of Agreement for Water Service Outside the City Limits with Victor R. I~elendez for the property at 1042 Peak Rd., Lake Worth, FL (Ridge Grove ADD No 1, LT 222) Proposed Resolution No. R05-035 RE: Approving the memorandum of understanding regarding the creation of a violent crimes task force with Palm Beach County law enforcement agencies. Proposed Resolution No, R05-036 RE: Amending the Cemetery Rules & Regulations to add a new Rule regarding the number of cremains permitted in graves. Proposed Resolution No. R05-037 RE: Confirming terms and conditions set forth in our EMS grant award as approved by the Palm Beach County Division of Emergency Medical Services. Proposed Resolution No. R05-038 RE: Approving an Exclusive Agreement between the City of Boynton Beach and Achieva Telecom Services, Inc. d/b/a Talk's Cheap for installation and maintenance of a pay telephone at Oceanfront Park. Ratification of Planning & Development Board Action: Neptune Commerce Center (NWSP 05-006) -- South side of Neptune Drive. Approximately 1,300 f~et eas~ of~ South Congress Avenue -- Request for New Site Plan approval for a 16,482 square foot industrial building On a 0.969-acre parcel in a M-1 zoning district. 3 Agenda Regular City Commission Meeting Boynton Beach, Florida March 1, 2005 E. Ratification of CRA Action: None Return cash bond of $880.00 to Pemberton Building Inc. for the project known as Starbucks Coffee. . Return cash bond of $10,420.00 to Charles Jesse Medrano for the project known as Boynton Place (Shell and Vitamin Shoppe). Authorize the designation of three locations listed below as Constrained Roads at a Lower Level of Service (CRALLS), which will initiate the CRALLS designation process by Palm Beach County and result in the amendment to the Palm Beach County Comprehensive Plan. Locations are: Intersection of Old Boynton Road and Congress Avenue; A segment of Old Boynton Road between Congress Avenue and Boynton Beach Boulevard; and Tntersection of Gateway Boulevard and Congress Avenue VII. CODE COMPLIANCE & LEGAL SETrLEMENTS: None VIII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS Project: Agent: Owner: Location: Description: Verizon Wireless At Boynton Space Plus (COUS 05-003) .lohn Baskey, SBA Network Services Mega Mini Company 2951 SW 14t~ Place Request for conditional use approval to allow construction of a 135-foot high telecommunication tower on a 2,000 square foot leased parcel on the site of the Boynton Space Plus Storage Center. Agent: Owner: Location: Description: Project: Boynton Beach Lofts (LUAR 05-003) (POSTPONED TO Brady Miller, A~CP, Miller Land Planning Consultants, Inc. Louis F. Mascia/Boynton Motel LLC 623 South Federal Highway Request to amend the Future Land.. Use designaQ~n from Local Retail Commercial (LRC) ('l~ READ~NI~ OF PROPOSED ORD_rNANCE NO. OS-); and to rezone from Community Commercial (C-3) to Mixed-Use Low (MU-L) PROPOSED ORD_tNANCE NO. OS-) 4 Agenda Regular City Commission Meeting Boynton Beach, Florida March 1, 2005 Boynton Beach Lofts (NWSP 05-008) - 623 South Federal Highway - Request for new site plan approval to construct a mixed-use project consisting of 48 multi-family dwelling units, 5,364 square feet of retail and 12,354 square feet of office on a 1.21-acre parcel in an MU-L zoning district. (POSTPONED TO 04/05/05) Boynton Beach Lofts (HTEX 05-001) - 623 South Federal Highway - Request for a height exception of 3'-2" pursuant to the City's Land Development Regulations, Chapter 2, Zoning, Section 4.F.2, to allow the mechanical room housing elevator/stair tower to be 78'-2" in height, a distance of 3'-2' above the 70' maximum height allowed in the Mixed-Use Low (MU-L) zoning district. (POSTPONED TO 04/05/05) L]VE]WORK IN 5MU (CDRV 05-002) - Renaissance Commons - Request for an amendment to the Land Development Regulations, Chapter 2. Zoning, Section 6.H Suburban Mixed use (SMU) zoning district to allow Live/Work Units as a permissible use (.~sr READXNG OF PROPOSED ORDINANCE NO. 05- 0~7) Approval of an Ordinance to establish the Renaissance Commons Community Development District. (1ST READING OF PROPOSED ORD_rNANCE NO. 05- 018) CI'TY MANAGER'S REPORT: A. Disposition of Old High School FUTURE AGENDA ZTEMS: A. Workshop regarding City Hall/Public Safety Space Needs Report (TBA) B. Proposed Lease Agreement with Boynton Woman's Club (TBA) Management of Colors along Congress Avenue, Federal Highway, Gateway Boulevard and Boynton Beach Boulevard ( 7'ABI.£D ON 8/$/04 l~sed on review by Planning & Development Board and CRA) D. Annexation of Enclaves ('rBA) Hurricane Design for Public Buildings City Manager's E~aluation (October 2005) 5 Agenda Regular City Commission Meeting Boynton Beach, Florida March 1, 2005 XI. Contribute $1,000 of Vice Mayor Mack McCray's Community Investment funds to the Heart of Boynton Ministerial Association (TBA) Zoning in M-1 District (TBD) NEW BUSINESS: XII. LEGAL: A. Ordinances - 2nd Reading - PUBLIC HEARING Proposed Ordinance No. 05-O14 Re: Request for amendments to the Land Development Regulations, Chapter 22. Streets and Sidewalks, related to street naming and renaming, construction of sidewalks, access to and work within public rights-of-way, and providing for appeals, work requirements and surety. Proposed Ordinance No.05-015 RE: Amendment to the Land Development Regulations, Chapter 2. Zoning, Section 8., M-1 Industrial District, to allow as conditional uses, uses proposed as medical or scientific research which involve the use, treatment, storage, or processing of human or animal bodies, or body parts. Proposed Ordinance No. O5-016 Re: Approving the exemption from provisions of Section 101.657, Florida Statutes related to early voting Proposed Ordinance No. 05-005 Re: Amending Chapter 26. Water, Sewers and City Utilities, Article VII, Section 26-406 entitled "Capital Contributions", authorizing the transfer of real property to the City in lieu of capital contribution charges within the downtown storm water improvement Watershed T~IBL-~D OA' O.~/18/O$ B. Ordinances - 1st Reading None None Agenda Regular City Commission f4eeting Boynton Beach, Florida March 1, 2005 C. Resolutions: D, Other: Award the contract for "THE CONSTRUCTION OF FIRE STATION #2'; B[D#018-2413-O5/C,1D to: BUTLER CONSTRUCTION COMPANY OF West Palm Beach, FL in the amount of $2,498,000.00 and approve an owner's contingency in the amount of $249,800.00 for a total-project budget appropriation of: $2,747,800.O0(PROPO$£D RE$OLUI'~ON NO. X[T[. UNFTNZSHED BUSTNESS: X1¥. AD.1OURNMENT: NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COHHISSION 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 IRADE~ WHICH RECORD INCLUDES THE TEST~HONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105) THE c~rY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILrT'f AN EQUAL OPPORTHNITY TO PART~C]PATE IN AND ENJOY THE BENEF~rS OF A SERVICEt PROGP. AI4t OR AC'TJVTrY CONDUCTED BY THE CITY. PLEASE CONTACT 3OYCE COSI~LLO~ (561) 742-60:!.3 AT LEAST TWENTY-FOUR HOURS PR]OR TO THE PROGRAM OR ACT[VTfY 1N ORDER FOR THE CTTY TO REASONABLY ACCOMMODATE YOUR REQUEST. AGENDA 2/25/2005 11:45 AM S:\CC\WP\CCAGENDA\AGENDAS\Year 2005\030105.doc 7 ~Z.'ANNOUNCEMENTS & PRESENTATZONS [tern C.1 February 17, 2005 MEMO TO: Acting City Mgr and Commission FROM: M. C. Ferguson RE: Item for Inclusion for March 1 Agenda Please add an item, "The Utel Project---Workforce Development" for discussion under new business for our meeting on March 1. Background for this is as follows: the Utel Project is prodoced by a local company located at 407 South Federal. Its President is Quetel Osterval and the Vice President is Julie Feliciano. Their program puts computers and instructors into churches in south Florida and results, because student graduates are computer trained, show a sigmficant improvement in wage levels and area companies like Office Depot, Target and Wal-Mart are asking for Utel graduates. I believe County Commissioner Addie Greene is ver~ interested in this program (she has seen the presentation along with Vice-Mayor McCray)and wants to fund a large scale pilot program with as many as 400 families. She needs a local conduit to contribute her discretionary funds and support from the Commission. I have seen the presentation several times and heartily endorse it. I believe Commissioner Greene will attend the March 1 meeting so I suggest we move this subject up in the meeting order. COMMUNITY DEVELOPMENT FOUNDATION, INC. FINANCIAL PROJECTIONS YEARS ENDING JUNE 30, 2006 AND 2007 Table of Contents Pages Accountants' Compilation Report .................................................................................. 1 Financial Projections under the Hypothetical Assumptions in Note 1: Statements of Projected Income - 5 Locations .......................................................... 2 Statements of Projected Income - 4 Locations .......................................................... 3 Statements of Projected Income - 3 Locations .......................................................... 4 Schedule of Projected Benefits - 5 Locations ........................................................... 5 Schedule of Projected Benefits - 4 Locations .......................................................... 6 Schedule of Projected Benefits - 3 Locations .......................................................... 7 Summary of Significant Projection Assumptions and Accounting Policies ......... 8-9 M^RTIN C^SS, CPA HOWARD S. LEVY, CPA MICH/~EL S. LEONE, CPA CASS, LEVY & LEONE, L.c. CERTIFIED PUBLIC ACCOUNTANTS AND CONSULTANTS 440 COLUMBIA DRIVE, SUITE 500 WEST PALM BEACH, FL 33409 PHONE: 561.689.7888 FAX: 561.689.0478 WWW. CASS LEVY. COM Accountants' Compilation Report To the Board of Directors Community Development Foundation, Inc. We have compiled the accompanying statements of projected activities and schedules projected benefits of the Community Development Foundation, Inc. (a Not-for-Profit Organization) for the fiscal years ending June 30, 2006 and 2007, in accordance with Statements established by the American Institute of Certified Public Accountants. The accompanying projections and this report were prepared to assist the Community Development Foundation, Inc. obtain government grants to pay tuition for families attending the Educational Division of Utel, Inc. A compilation is limited to presenting in the form of projection information that is the representation of management and does not include evaluation of the support for the assumptions underlying the projection. We have not examined the projection and accordingly, do not express an opinion or any other form of assurance on the accompanying statements or assumptions. Furthermore, even if the government grants are received, there will usually be differences between the projected and actual results, because events and circumstances frequently do not occur as expected, and those differences may be material. We have no responsibility to update this report for events and circumstances occurring after the date of this report. February 3, 2005 COMMUNITY DEVELOPMENT FOUNDATION, INC. STATEMENTS OF PROJECTED ACTIVITIES - 5 LOCATIONS UNDER THE HYPOTHETICAL ASSUMPTIONS IN NOTE 1 Year June 30, 2006 2007 Grant Revenue Tuition expense $ 3,900,000 $ 3,900,000 3,900,000 3,900,000 Excess of revenues over expenses $ $ $ 6,500$ 6,500 600 600 Tuition per family Total families served See summary of significant assumptions and accounting policies and accountants' report. COMMUNITY DEVELOPMENT FOUNDATION, INC. STATEMENTS OF PROJECTED ACTIVITIES - 4 LOCATIONS UNDER THE HYPOTHETICAL ASSUMPTIONS IN NOTE 1 Year ending June 30, 2006 2007 $ 3,168,000 $ 3,168,000 3,168,000 3,168,000 $ $ $ 6,600$ 6,600 480 480 Grant Revenue Tuition expense Excess of revenues over expenses Tuition per family Total families served See summary of significant assumptions and accounting policies and accountants' report. 3 COMMUNITY DEVELOPMENT FOUNDATION, INC. STATEMENTS OF PROJECTED ACTIVITIES - 3 LOCATIONS UNDER THE HYPOTHETICAL ASSUMPTIONS IN NOTE 1 Year ending June 30, 2006 2007 $ 2,448,000 $ 2,448,000 2,448,000 2,448,000 Grant Revenue Tuition expense Excess of revenues over expenses $ $ Tuition per family $ 6,800 $ 6,800 360 360 Total families served See summary of significant assumptions and accounting policies and accountants' report. 4 COMMUNITY DEVELOPMENT FOUNDATION, INC. SCHEDULE OF PROJECTED BENEFITS - 5 LOCATIONS UNDER THE HYPOTHETICAL ASSUMPTIONS IN NOTE 1 WAGES Main Wage Earners Fiscal Years Ending June 30, 2006 2007 Current average salary New salary $ 18,000 $ 36,000 600 600 $10,800,000 21,600,000 $22,680,000 45,360,000 Increased earnings per year - main wage earner $10,800,000 $22,680,000 Secondary Wage Earners Current average salary New salary $ 14,000 $ 28,000 390 390 $ 5,460,000 $11,466,000 10,920,000 22,932,000 Increased earnings per year - secondary wage earner 5,460,000 11,466,000 Total increased in earnings per year 16,260,000 34,146,000 Cumulative increased earnings $50,406,000 SUBSIDIES Families Percent receiving subsidy Estimated monthly subsidy 600 1,200 80.00% 80.00% $ 1,000 $ 1,000 480,000 960,000 12 12 5,760,000 11,520,000 Decrease in subsidies per month Annual decrease in subsidies Cumulative decrease in subsidies $17,280,000 See summary of significant assumptions and accounting policies and accountants' report. 5 COMMUNITY DEVELOPMENT FOUNDATION, INC. SCHEDULE OF PROJECTED BENEFITS - 4 LOCATIONS UNDER THE HYPOTHETICAL ASSUMPTIONS IN NOTE 1 WAGES Main Wage Fiscal Years Ending June 30, Earners 2006 2007 Current average salary $ 18,000 New salary $ 36,000 480 $ 8,640,000 $18,144,000 480 17,280,000 36,288,000 Increased earnings per year - main wage earner 8,640,000 18,144,000 Secondary Wage Eamer Year 1 Year 2 Current average salary $ 14,000 New salary $ 28,000 312 $ 4,368,000 $ 9,172,800 312 8,736,000 18,345,600 Increased earnings per year - secondary wage earner 4,368,000 9,172,800 13,008,000 27,316,800 Total increased in earnings per year Cumulative increased earnings $40,324,800 SUBSIDIES Families 480 960 Percent receiving subsidy Estimated monthly subsidy Decrease in subsidies per month 80.00% 80.00% 1,000 1,000 384,000 768,000 12 12 4,608,000 9,216,000 Annual decrease in subsidies Cumulative decrease in subsidies $13,824,000 See summary of significant assumptions and accounting policies and accountants' report. COMMUNITY DEVELOPMENT FOUNDATION, INC. SCHEDULE OF PROJECTED BENEFITS - 3 LOCATIONS UNDER THE HYPOTHETICAL ASSUMPTIONS IN NOTE 1 WAGES Main Wage Fiscal Years Ending June 30, Earners 2006 2007 Current average salary $ 18,000 New salary $ 36,000 360 $ 6,480,000 $13,608,000 360 12,960,000 27,216,000 Increased earnings per year - main wage earner 6,480,000 13,608,000 Secondary Wage Earner Year 1 Year 2 Current average salary $ 14,000 New salary $ 28,000 234 $ 3,276,000 $ 6,879,600 234 6,552,000 13,759,200 Increased earnings per year - secondary wage earner 3,276,000 6,879,600 9,756,000 20,487,600 Total increased in earnings per year Cumulative increased earnings $30,243,600 SUBSIDIES Families Percent receiving subsidy Estimated monthly subsidy 360 720 80.00% 80.00% $ 1,000 $ 1,000 288,000 576,000 12 12 3,456,000 6,912,000 Decrease in subsidies per month Aimual decrease in subsidies Cumulative decrease in subsidies $10,368,000 See summary of significant assumptions and accounting policies and accountants' report. 7 COMMUNITY DEVELOPMENT FOUNDATION, INC. SUMMARY OF SIGNIFICANT PROJECTION ASSUMPTIONS AND ACCOUNTING POLICIES Note 1 -Nature and limitations of projections The financial projections are based on hypothetical assumptions regarding the payment of tuition to Utel, Inc. by the Community Development Foundation, Inc. (the "Foundation") as follows: · $3,900,000 per year serving 600 families, if 5 locations are funded; · $3,168,000 per year serving 480 families, if4 locations are funded; or · $2,448,000 per year serving 360 families, if 3 locations are funded. The Foundation is expected to pay the tuition from monies the Foundation is expecting to receive from government grants. The Foundation manager is also a 50% shareholder of Utel, Inc. As described in Notes 3 and 4, respectively. The projection presents, to the best of management's knowledge and belief, the expected income for the projection period if the hypothetical assumptions occur. Accordingly, the projection reflects its judgment as of February 3, 2005, the date of this projection, of the expected conditions and the expected course of action if hypothetical assumptions occur. The presentation is designed to assist the Foundation obtain government grants to pay tuition for families attending the Education Division of Utel, Inc. and should not be considered to be a presentation of future results. Accordingly, this projection may not be useful for other purposes. Furthermore, even if the hypothetical assumptions occur, there will usually be differences between the projected and actual results. The assumptions disclosed herein are those that management believes are significant to the projection. Note 2 - Nature of operations The Foundation, a not-for-profit corporation, is related to Utel, Inc. through common control (Note 1) and was organized to pay tuition expenses on behalf of "at risk" families in order for those families to attend computer technology courses offered by the Education Division of Utel, Inc. The Education Division of Utel, Inc. runs a direct approach program, which offers technology enrichment educational courses to families, regardless of their age, race gender or educational background. The programs offer a family various courses in how to use computers and related software, repair of computer equipment and use of the internet. The goal of the program is to have the graduate of the program secure better employment and provide a better future for themselves and their family. 8 COMMUNITY DEVELOPMENT FOUNDATION, INC. SUMMARY OF SIGNIFICANT PROJECTION ASSUMPTIONS AND ACCOUNTING POLICIES Note 4 - Tuition expenses Tuition expenses were based on projections prepared by Utel, Inc. which based its fees for tuition on its costs at varying levels of enrollment. The enrollment was based on hypothetical assumptions regarding government grants for tuition to be provided to the Foundation Note 5 - Income taxes The Community Development Foundation, Inc. is exempt from income tax under Section 501(c)(3) of the U.S. Internal Revenue Code. Therefore, the Foundation has made no provision for federal or state income taxes in the projections. Note 6 -Projected Benefits The schedules of projected benefits are based on management's experience. Management estimates that on average the main wage earner of families enrolled will be able to increase his or her earnings from $18,000 per year to $36,000 per year. Management also estimates that 65% of the secondary wage earners will be able to increase his or her earnings from $14,000 to $28,000. It is assumed that wages will increase by 5% during the year ending June 30, 2007. The schedule only estimates the increased earnings capabilities in the first two years even though the benefit of increased wages would be expected to continue to be realized by the families in future years. Management also estimates that 80% of the enrolled families will be receiving approximately $1,000 in monthly government subsidies and that as a result of the increased earnings referred to above, they will no longer qualify for, or require, these government subsidies. UTEL, INC. (EDUCATION DIVISION) FINANCIAL PROJECTIONS YEARS ENDING JUNE 30, 2006 AND 2007 Table of Contents Pages Accountants' Compilation Report .................................................................................. 1 Financial Projections under the Hypothetical Assumptions in Note 1: Statements of Projected Income - 5 Locations .......................................................... 2 Statements of Projected Income - 4 Locations .......................................................... 3 Statements of Projected Income - 3 Locations .......................................................... 4 Summary of Significant Projection Assumptions and Accounting Policies .......... 5-9 MARTIN CASS, CPA HOWARD S. LEVY, CPA MICHAEL S. LEONE, CPA CASS, LEVY & LEONE, L.c. CERTIFIED PUBLIC ACCOUNTANTS AND CONSULTANTS 440 COLUMBIA DRIVE, SUITE 500 WEST PALM BEACH, FL 33409 P~IONE: 561.68%7888 FAX: 561.689.0478 WxY~¢. CASS LEVY. CO M Accountants' Compilation Report To the Shareholders of Utel, Inc. We have compiled the accompanying statements of projected income of the Education Division of Utel, Inc. (an S Corporation) for the years ending June 30, 2006 and 2007, in accordance with Statements established by the American Institute of Certified Public Accountants. The accompanying projections and this report were prepared to assist the Community Development Foundation, Inc. obtain government grants to provide tuition for families attending the Education Division of Utel, Inc. A compilation is limited to presenting in the form of projection information that is the representation of management and does not include evaluation of the support for the assumptions underlying the projection. We have not examined the projection and accordingly, do not express an opinion or any other form of assurance on the accompanying statements or assumptions. Furthermore, even if government grants are received, there will usually be differences between the projected and actual results, because events and circumstances frequently do not occur as expected, and those differences may be material. We have no responsibility to update this report for events and circumstances occurring after the date of this report. February3,2005 UTEL, INC. (EDUCATIONAL DIVISION) STATEMENTS OF PROJECTED INCOME - 5 LOCATIONS UNDER THE HYPOTHETICAL ASSUMPTIONS IN NOTE 1 Year ending June 30, 2006 2007 Tuition revenue $ 3,900,000 $ 3,900,000 Operating expenses: Instructor salaries and related expenses Computer systems Student supplies and related expenses Rent Officer salaries and related expenses Insurance Screeners, outreach and placement contractors Utilities and telephone expenses Furniture and equipment Legal and accounting First year expenses 1,584,000 843,750 440,110 252,000 157,850 118,145 117,000 103,800 80,667 30,000 25,000 1,663,200 869 063 453 313 259 560 164 236 121 689 122 850 106 914 80,667 30,900 Total operating expenses 3,752,322 3,872,391 $ 147,678 $ 27,609 $ 6,500 $ 6,500 600 600 Excess of revenues over expenses Tuition per family Total families enrolled See summary of significant assumptions and accounting policies and accountants' compilation report. 2 UTEL, INC. (EDUCATIONAL DIVISION) STATEMENTS OF PROJECTED INCOME - 4 LOCATIONS UNDER THE HYPOTHETICAL ASSUMPTIONS IN NOTE 1 Tuition revenue Operating expenses: Instructor salaries and related expenses Computer systems Student supples and related expenses Rent Officer salaries and related expenses Insurance Screeners, outreach and placement contractors Utilities and telephone expenses Furniture and equipment Legal and accounting First year expenses Total operating expenses Year ending June 30, 2006 2007 $ 3,168,000 $ 3,168,000 1,267,200 1,330,560 675,000 695,250 352,088 362,651 201,600 207,648 157,850 164,236 111,629 114,978 93,600 98,280 83,040 85,531 64,533 64,533 30,000 30,900 20,000 3,056,540 3,154,567 Excess of revenues over expenses Tuition per family Total families enrolled $ 111,460 $ 13,433 $ 6,600 ~ 6,600 480 480 See summary of significant assumptions and accounting policies and accountants' compilation report. UTEL, INC. (EDUCATIONAL DIVISION) STATEMENTS OF PROJECTED INCOME - 3 LOCATIONS UNDER THE HYPOTHETICAL ASSUMPTIONS IN NOTE I Tuition revenue Operating expenses: Instructor salaries and related expenses Computer systems Student supplies and related expenses Rent Officer salaries and related expenses Insurance Screeners, outreach and placement contractors Utilities and telephone expenses Furniture and equipment Legal and accounting First year expenses Total operating expenses Year ending June 30, 2006 2007 $ 2,448,000 $ 2,448,000 950,400 997,920 506,250 521,438 264,066 271,988 151,200 155,736 157,850 164,236 105,113 108,266 70,200 73,710 62,280 64,148 48,400 48,400 30,000 30,900 15,000 2,360,759 2,436,742 $ 87,241 $ 11,258 $ 6,800$ 6,800 360 360 Excess of revenues over expenses Tuition per family Total families enrolled See summary of significant assumptions and accounting policies and accountants' compilation report. 4 UTEL, INC. (EDUCATION DIVISION) SUMMARY OF SIGNIFICANT PROJECTION ASSUMPTIONS AND ACCOUNTING POLICIES Note 1 -Nature and limitations of projections The financial projections are based on hypothetical assumptions regarding the payment of tuition to Utel, Inc. by the Community Development Foundation, Inc. (the "Foundation") as follows: $3,900,000 per year serving 600 families, if 5 locations are funded; · $3,168,000 per year serving 480 families, if4 locations are funded; or · $2,448,000 per year serving 360 families, if 3 locations are funded. The Foundation is expected to pay the tuition from monies the Foundation receive from government grants. The Foundation manager is also a 50% Utel, Inc. is expecting to shareholder of As described in Notes 3 and 4, respectively. The projection presents, to the best of management's knowledge and belief, the expected income for the projection period if the hypothetical assumptions occur. Accordingly, the projection reflects its judgment as of February 3, 2005, the date of this projection, of the expected conditions and the expected course of action if hypothetical assumptions occur. The presentation is designed to assist the Foundation obtain government grants to pay tuition for families attending the Education Division of Utel, Inc. and should not be considered to be a presentation of future results. Accordingly, this projection may not be useful for other purposes. Furthermore, even if the hypothetical assumptions occur, there will usually be differences between the projected and actual results. The assumptions disclosed herein are those that management believes are significant to the projection. Note 2 - Nature of operations The Education Division of Utel, Inc. runs a direct approach program, which offers technology enrichment educational courses to families, regardless of their age, race gender or educational background. The programs offer a family various courses in how to use computers and related software, repair of computer equipment and use of the internet. Additionally courses are offered to children so that they can achieve better scores when taking the Florida Comprehensive Assessment Test (FCAT). The goal of the program is to have the graduate of the program secure better employment and provide a better future for themselves and their family. UTEL, INC. (EDUCATION DIVISION) SUMMARY OF SIGNIFICANT PROJECTION ASSUMPTIONS AND ACCOUNTING POLICIES Note 3 - Grant to be received by the Community Development Foundation, Inc. Management anticipates that tuition for the families attending Utel, Inc. (Education Division) will be paid by the Foundation, a non-profit corporation formed under section 501(c) of the Internal Revenue Code. The Foundation is related to Utel, Inc. through common control (Note 1). Management expects that tuition will be based on amounts sufficient to cover the operating expenses of the Education Division of Utel, Inc. plus a reasonable profit. Note 4 - Education facilities Utel, Inc. currently operates a prototype facility in order to prove that the concept of helping "at risk" families through teaching computer technology skills can be successful and to ascertain the level of funding necessary in order to fund the program. The projections were prepared based on the hypothetical assumptions described in Note 1 regarding government grants to be provided to the Foundation. The enrollment at Utel, Inc. will be determined by the government grants received by the Foundation which the Foundation will then pay to Utel, inc. in the form of tuition for "at risk" families. Each facility can handle 120 families. Note 5 - Officer salaries and related expenses Management estimates that the president, vice president and treasurer will receive salaries of $75,000, $40,000 and $28,500, respectively, in the year ending June 30, 2006. Additionally, management estimates payroll taxes will equal 10% of salaries. Management estimates that salaries and wages will increase by 5% during the year ending June 30, 2007. Note 6 - Screeners, outreach and placement contractors Management estimates that each location will require the services of one screener/outreach/job placement contractor. The contractors would work three days per week at a cost of $150 per day. Management estimates that this cost will increase by 5% during the year ending June 30, 2007. 6 UTEL, INC. (EDUCATION DIVISION) SUMMARY OF SIGNIFICANT PROJECTION ASSUMPTIONS AND ACCOUNTING POLICIES Note 7 - Instructor salaries and related expenses Each location will schedule 4 sessions per day, consisting of 3 classes each. Each class will serve 10 families. Management estimates that the average family unit has four members in it. Two instructors would be required for each class. Instructors would be full time employees and would be paid $30 per hour for instructors with a Masters degree and $18 per hour for instructors without a Masters degree. It is estimated that 50% of the instructors would have a Masters degree and 50% would not have a Masters degree. Additionally payroll taxes are estimated to equal 10% of salaries. Management estimates that salaries and wages will increase by 5% during the year ending June 30, 2007. Note 8 - Computer systems Each family would have exclusive use of one computer system, including related hardware and software while attending the courses. The estimated cost of each computer system is $1,250 in the first year. Upon completion of the course the family gets to keep the computer system. Each location would require 5 additional computer systems for use by faculty and as replacements if a system were being repaired. Management estimates the cost of each computer system will increase by 3% during the year ending June 30, 2007. Note 9 - Rent Each location would require 2,800 square feet of space. Management estimates that base rent and common area maintenance will cost $18 per square foot for the first year. Management estimates that the rent will increase by 3% during the year ending June 30, 2007. Note 10 - Insurance Based upon quotes and estimates received from various insurance professionals, management estimates that the first year insurance expenses will be: · Bonding ($100,000 coverage per location) - $489 per month per location; · Liability insurance ($1,000,000 coverage) - $1,015 per month; · Workers Compensation - $515 per month; · Theft - $54 per month; and · Health insurance (Utel, Inc. to pay 70% of the employee's premium) - $5,600 per month. UTEL, INC. (EDUCATION DIVISION) SUMMARY OF SIGNIFICANT PROJECTION ASSUMPTIONS AND ACCOUNTING POLICIES Management estimates that during the year ending June 30, 2007 health insurance will increase by 15% and the other insurance costs will increase by 3% Note 11 -Student supplies and related expenses Based upon recent experience, management estimates that the expenses listed below will he required to support the families attending classes: · Reference books and related materials - Estimated to be $536 per year, per family; · Subscriptions, office supplies, and maintenance expenses - $8,044 per month for each location; and · Translation software - $44 per family, per year. Management estimates these costs will increase by 3% during the year ending June 30, 2007. Note 12 - Utilities and telephone expenses Utility and telephone expenses are estimated to be $1,730 per month per location. Management estimates utilities and telephone expenses will increase by 3% during the year ending June 30, 2007. Note 13 - Legal and accounting expenses Management estimates legal and accounting expenses will be $30,000 in the first year. Management estimates legal and accounting fees will increase by 3% during the year ending June 30, 2007. Note 14 - Furniture and additional equipment Management estimates that the following furniture and equipment will be needed. It is the intention of management to depreciate the cost of these items purchased over three years: Furniture - $7,000 per location; Telephone system - $5,000 per location; Printers - 5 printers per location at an estimated cost of $3,200 per printer; and Security cameras - $6,800 per location. 8 UTEL, INC. (EDUCATION DIVISION) SUMMARY OF SIGNIFICANT PROJECTION ASSUMPTIONS AND ACCOUNTING POLICIES Note 15 - First year expenses A patch panel with routers is required for each location at a one time cost of $5,000 per location. Note 16 - Income taxes Utel, Inc. has elected to be taxed as a Subchapter S Corporation and as such, all tax effects of the corporation's income or loss are passed through to the shareholder individually, thus this statement includes no income tax expense for the corporation. 9 V. ADMZNZSTRATZVE ITEM A. V. ADMTNtSTRAT~VE tTEM B. ,:FEBII ,',~ h:38 V. ADMINISTRATIVE ITEM C. pATTI HAMMER 52 STRATFORD LANE 150YNTON ~EACH, FL. 33436 February5, 2005 Dear Mr. Mayor and Commissioners, I want to thank you for appointing me to the Code Compliance Board, but I am unable to fulf'di that position at this point in time. My schedule does not allow me to attend Thursday lien reduction meetings. It is with great regret that I must resign this position. Yours truly, I Patti Hammer 75 rn VT.-CONSENT AGENDA i'TE f4 A. 1. MINUTES OF THE AGENDA PREVIEW CONFERENCE HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA ON FRIDAY, FEBRUARY 11, 2005 AT 10:00 A.M. Present: Jerry Taylor, Mayor Mack McCray, Vice Mayor Bob Ensler, Commissioner Carl McKoy, Commissioner Dale Sugerman, Assistant City Manager Jim Cherof, City Attorney Janet Prainito, City Clerk Absent: Mike Ferguson, Commissioner I. Call to Order Mayor Taylor called the meeting to order at 10:00 a.m. City Clerk Prainito announced that Commissioner Ferguson would not be present. Mayor Taylor gave an update on Mr. Bressner, who is starting to improve and has been moved from ICU to his own room. I1. Other A. Informational Items by Members of the City Commission Vice Mayor McCray will discuss for a future agenda under Item XII. "Other" an adicle that appeared in the Palm Beach Post regarding the Boynton Inlet. 1. Discuss City Manager - Vice Mayor Mack McCray Vice Mayor McCray requested that this item be deleted from the agenda. Contribute $1,000 of Vice Mayor Mack McCray's Community Investment funds to the Boynton Ministerial Association Vice Mayor McCray requested that this item be moved to Future Agenda Items with a date to be determined. XlI. Legal: A. Ordinances -- 2nd Reading - Public Hearing (Addressed Out of Order) Proposed Ordinance No. 04-049- Re. Amendment Policy 1.16.1 of the Future Land Use Element by adding a Mixed Use- Meeting Minutes Agenda Preview Conference Boynton Beach, Florida February 11, 2005 Suburban (MX-S) land use category; providing for consistent zoning districts, allowed uses, density and intensity of development (TABLED ON 01/18/05 Commissioner Ensler inquired if the approval of the Boynton Village item was contingent upon the revised SMU Ordinance. If this was the case, he felt that the SMU Ordinance should be addressed prior to the Boynton Village items. It was agreed that this item would be moved up as the first item under XlI. A. Legal. II1. Announcements, Community & Special Events & Presentations: B. Community and Special Events: Heritage Festival - Month-long celebration of Black History Month that informs the public of the ties that bind the African-American community together through the enjoyment of arts, education and pride in African-American accomplishments and heritage - Weekends in February. Commissioner McKoy inquired if this was a City-sponsored event. Vice Mayor McCray responded that it is supposed to be and is one of the events slated for District 2. Vice Mayor McCray pointed out that each Commissioner has a certain number of events for their District and this event is for District 2. Vice Mayor McCray did not think that staff took hold of this event, and he was disappointed in the publicity for the event. Mr. Sugerman pointed out that the CRA is an additional sponsor and provides money and staff for the events. Mayor Taylor inquired how the City sponsored the events. Vice Mayor McCray responded that the City provides funds and in-kind contributions. Vice Mayor McCray did not think that the City did its fair share and many citizens feel that the City let them down. Since the CRA contributed $12,000 towards the events, it appeared that the CRA has taken over the event. As a result, there were not enough Afro-American events scheduled for the Festival. Mayor Taylor inquired how much money the City contributed. Vice Mayor McCray pointed out that the City contributed in-kind services and the money that is contributed comes from the Commissioners. Wayne Segal, Public Affairs Director, reported that last year the City provided $13,000 of in-kind services. The City's Special Events budget contributed $2,500. Commissioner McKoy was concerned that the City was not doing enough to help the Festival and he requested being furnished with an update. Mr. Segal noted that there was a five-year plan for this event and he felt that the direction recommended by the consultants has gone awry. Commissioner McKoy also requested being furnished with the actual budget for the festival. Meeting Minutes Agenda Preview Conference Boynton Beach, Florida February11, 2005 Vice Mayor McCray heard that staff refused to go to Sara Sims Park and the Police Department refused to allocate any manpower. He questioned why the event was moved from the Ezell Hester Center to Sara Sims Park where it had been held successfully in the past. If the CRA wanted to move the event to the Heart of Boynton for marketing purposes, Vice Mayor McCray felt that this move was premature and he would like the remaining events moved back to the Hester Center if possible. C. Presentations 1. Proclamations: a. Rotary International Day - February 23, 2004 This proclamation has been added to the agenda and copies have been furnished to the Commission. New Congress Middle School presentation of the School Board of Palm Beach County by Angela Usher, Planner and Helen Lavalley, Planner Commissioner Ensler requested that this item be added to the agenda. The bid for the new Congress Middle School would be going out soon, and he would like the Commission to be briefed on what the plans are for the School VI. Consent Agenda Ms. Prainito reported that an additional set of minutes would be added to the agenda as Item A.4., City Commission Workshop - January 31, 2005. Copies of the minutes were provided to the Commission. Bids and Pumhase Contracts - Recommended Approval - All expenditures are approved in the 2004-2005 Adopted Budget Award Bid for 'ANNUAL SUPPLY OF SODIUM HYROXIDE (LIQUID CAUSTIC SODA), Bid #014-2821-05/CJD, to ALLIED UNIVERSAL CORPORATION of Miami, Florida, with an annual estimated expenditure of $166,000 for the Utilities Department Commissioner Ensler noted that the backup indicated that one of the bidders was a minority firm and another bid was "incomplete. "He inquired what kind of "minority" firm bid on the item and was the "incomplete" bid also a minority firm. Bill Mummert, Director of Financial Services, was not certain why one bid was "incomplete," but based upon the documentation that had to be completed, there is a minority businesses form that must be completed and he assumed that this was not properly done. Therefore, they were not able to determine if the firm was or was not a minority business. He was not sure what kind of "minority" firm submitted a bid. If the 3 Meeting Minutes Agenda Preview Conference Boynton Beach, Florida February 11, 2005 Commission so desired, they could list the type of minority firms that submit bids. Commissioner Ensler requested that he be provided with this information for the Tuesday meeting. Commissioner Ensler inquired why the minority firm that bid lower on one item was not selected for that one item. He would like the work split between the firms. Mr. Mummert explained it has been a past practice not to split bids, but he would look into it for future bids. Award the 'CLASSIFICATION & COMPENSATION STUDY", RFP 3015-1610-05/CJD TO MGT OF AMERICA of Tallahassee, Florida, with an estimated expenditure of $66,000 (PROPOSED RESOLUTION NO R05-) Commissioner Ensler inquired why this particular bidder was selected, since there were seven lower bidders, two being minority firms. He inquired if the two minority firms were acceptable to the City and whether or not they were qualified to do the work. He requested that this information be available for Tuesday. Mr. Mummert explained that an RFP is not the same as a competitive bid. When looking at an RFP, the committee tries to select the most qualified company to perform the work. Price is considered, but the qualifications and ability of the firm is looked at to meet the scope of services. Based upon the committee's review, they felt that this firm was the best to meet the scope of services. Commissioner Ensler asked how the seven other firms that responded could be disqualified. Mr. Mummed explained that the committee did not feel that these other firms could meet the scope of this project and the qualifications of the firms were quite varied. Some firms have not performed these types of services in the State of Florida or performed the work for much smaller-scale cities. The firm being recommended is a national firm and has performed this service for numerous municipalities in the area. Therefore, they were selected based upon their qualifications and price. The committee felt that for the price, the firm could meet the scope of services, while serving the City. Mayor Taylor pointed out that from the submissions, two finalists are selected who must then make a presentation to the committee. The two finalists are graded and the firm with the highest grades is selected. Mr. Sugerman explained that the City did follow a process that Commissioner Ensler referred to. The City accepted proposals from anyone who wanted to submit one and eleven such proposals were submitted. The committee reviewed all proposals and then determined that only two of the eleven met all the criteria, which actually is the prescreening. After the two finalists make their presentations, the finalist chosen goes to the Commission for approval. Vice Mayor McCray pointed out that the Commission does not have to accept the recommendation, which Mr. Sugerman confirmed. Meeting Minutes Agenda Preview Conference Boynton Beach, Florida February 11, 2005 VI.C. Proposed Resolution No. 05-012 Re: Approving and adopting grant funding policies (TABLED TO FEBRUARY 15, 2005) Vice Mayor McCray will be removing this item from the table to be addressed. Mayor Taylor asked Attorney Cherof if he had any comments. Attorney Cherof explained that since the last Commission meeting, some changes were made to the Resolution. Proposed Resolution No. R05- Re: Authorizing the execution of a Task Order with Kimley-Horn and Associates, Inc. for final design and construction services for the Wilson Center Building, pool and park project in the not-to-exceed amount of $519,400 Mr. Sugerman noted that there is an alternative in the agenda backup to add a splash pool. If an interactive play pool were added, the costs would increase by $164,600 for design and construction services. Construction of the interactive play pool would be approximately $1.1 million. Staff is not recommending including these expenses at this time, since there are no funds available in the current fiscal year. Commissioner Ensler asked about the difference between a splash versus a spray pool. Wally Majors, Parks and Recreation Director, responded that the interactive play pool referred to is a play area that includes water with some depth, between 12" to 24". A spray ground has interactive play features, but has no accumulation of water. If it were determined to move forward with a splash pool, it would require a lifeguard, whereas a spray ground does not have this requirement. Also it would cost much less to maintain a spray ground. Commissioner Ensler inquired what the $164,600 applied to. Mr. Majors stated that it was for an interactive play pool with accumulated water depth. Commissioner Ensler asked what the cost would be if a spray pool were added. Mr. Majors did not have this information, but noted an interactive play pool would have significant infrastructure costs. Commissioner Ensler clarified his original recommendation and stated it was a spray pool that he had in mind, not a splash pool. Mr. Sugerman recommended awarding the contract without this additional item in order for the project to move forward. During this period, staff could perform an analysis of additional costs for design and construction of a spray ground. If the Commission chose to include either of these amenities, it would have to be added as a change order in any event, since there was no funding available at this time. Mr. Majors pointed out that the master plans include the opportunity to add this feature at a future date. Vice Mayor McCray inquired if the Commission approved this item, would it include approving an opportunity to add this amenity. Mr. Majors stated that this would be possible. Commissioner Ensler would like this approved now and to find the money from another source. Mayor Taylor noted that the City is building a wonderful new project at the Wilson Center. He was not opposed to adding a spray pool, but felt it would be best to wait until the funds were located. Meeting Minutes Agenda Preview Conference Boynton Beach, Florida February 11, 2005 Vice Mayor McCray requested that the Commission still be furnished with the costs of adding a spray ground. Commissioner Ensler recommended including a spray ground in next year's budget and he will be pulling this item from the Consent Agenda. Proposed Resolution No. R05- Re: Approving concept plans for the Intracoastal Park Clubhouse as prepared by CH2Mhill, providing direction to staff regarding the desired location of the clubhouse on the site and authorizing Task Order No. 05-05-01 to CH2Mhill in the lump sum, and not-to-exceed amount of $181,255 for final architectural design and construction oversight services for the Intracoastal Park Clubhouse. Mayor Taylor pointed out that the Commission would have to determine the location of the clubhouse. Commissioner Ensler asked staff for their recommendation. Mr. Majors felt that the best location would be next to the water. Jeff Livergood, Public Works Directors, concurred that by placing the clubhouse along the water would be a good revenue-generating tool and he was in favor of this location. Mr. Sugerman pointed out that the item must be pulled from the Consent Agenda in order to make this decision. Proposed Resolution No. R05- Re: Ratifying the action of the South Central Regional Wastewater Treatment & Disposal Board of January 20, 2005 as follows: Authorization to enter into an agreement with the City of Delray Beach to expand their contract for the reuse line with Chaz Equipment for Area 1 reclaimed water system into the South Central Plan in the amount of $415,240 with the cost to be split 50/50 from each city's capital funds; and Authorization for chairman to sign agreement with Solid Waste Authority for South Central to participate in the construction and operation of the Biosolids Pelletization Project. The construction cost of $5,643,362 will be split 50/50 from each City's Capital funds. Commissioner Ensler felt that due to the costs involved in Item 8.b, it would be best to pull the item in order to give a brief presentation. With regard to Item 8.a, Commissioner Ensler asked where the reuse lines would be located. If the lines were going to be located in Delray Beach, he questioned why the City should pay half of these costs. He noted that they are currently in negotiations to have all the lines that are in Boynton Beach owned and operated by Boynton Beach and the same would apply to Delray Beach. Nem Gomez, Interim Utility Director, responded that the lines in question are located entirely in Delray Beach. Commissioner Ensler inquired if they are going to separate the lines, why should Boynton Beach pay half the price. Mr. Gomez would have to check Meeting Minutes Agenda Preview Conference Boynton Beach, Florida February 11,2005 into this. Mayor Taylor thought that when the treatment plant was originally funded both cities paid for it and initially Delray Beach did not benefit from the plant. Commissioner Ensler noted that the negotiations are for the City of Boynton Beach to give Delray Beach money for their five golf courses. Commissioner Ensler felt that each City should be responsible for their own lines. Mayor Taylor recommended that Commissioner Ensler contact Bob Hagle, Executive Director, who could explain the situation. Vice Mayor McCray did not think it was necessary to have a presentation. Mr. Sugerman recommended that Mr. Gomez provide a report. VI.G. Authorize the use of $2,000 of Community Investment Funds by Commissioner Carl McKoy for Heritage Fest 2005 Commissioner Ensler and Mayor Taylor both requested to contribute $1,000 each from their Community Investment Funds to Heritage Fest 2005. Vice Mayor McCray requested to add $2,000. VIII. Public Hearing Three items for Seaview Park Club (NWSP 04-014) - New Site Plan Approval 1. Proposed Ordinance No. 05-006 - Amending Comprehensive Plan Future Land Use Map 2. Proposed Ordinance No. 05-007 - Rezoning Mayor Taylor noted that the Commission was just provided with some additional documentation, and he would like discussion at the meeting limited to only issues not previously discussed in an effort to avoid repetition. X. Future Agenda Items Mr. Sugerman stated that a new Item H would be added that would read "Disposition of Old High School for the Mamh 1, 2005 Meeting. B. Proposed Lease Agreement with Boynton Woman's Club (TBA) Vice Mayor McCray inquired if there is a date for this item. Commissioner Ensler noted that there are many items under Future Agenda Items that have no target dates and requested that dates be furnished for the next meeting. With regard to the Boynton Town Center items, Commissioner Ensler would like to have the park dedication situation cleared up. Commissioner Ensler noted that even though a site plan has not been presented, it appeared that a Super Target would be going on this property. He read in the 7 Meeting Minutes Agenda Preview Conference Boynton Beach, Florida February 11, 2005 newspaper that a Super Target was being built out west in the County, and Target agreed to many conditions imposed upon them by the County. Some of these conditions would limit the size of the building and included fountains and walkways. He would like the developer to agree to these kinds of conditions with the City as well. Mayor Taylor felt that these kinds of questions should be addressed to the applicant. He also thought that there was nothing definite with Target and the applicant was looking at other options. Commissioner Ensler asked Mr. Rumpf to address this. Mr. Rumpf explained that the application that the Commission would be hearing is to allow a big box in the C-3 zoning district. The City does not have these unique design requirements or to limit the square footage of a single project. Commissioner Ensler inquired that when the property was rezoned would it be part of an SMU or does it only apply to the residential portion. Mr. Rumpf stated that technically it does not, but with regard to the master plan and design, staff is trying to require some design elements in order to create continuity between the two projects. This would include pedestrian walkways, design similarities, parking lot enhancements, etc. Mr. Rumpf recommended trying to get some verbal commitment from the applicant. Staff has generated a specific preliminary list of design comments for both portions of the entire master plan. Commissioner Ensler requested that staff furnish the Commission with the requirements that the County has requested for the Target out west. Mr. Hudson furnished this before the close of the meeting. Commissioner Ensler asked if the Commission could impose these requirements as part of the site plan. Attorney Cherof was not certain on this and would speak with staff to determine what the County did. He would also have to look at the County codes. Commissioner Ensler would recommend tabling the item in order to provide staff enough time to look into this. Quintus Greene, Development Director, stated that the reason the applicant has opted for C-3 zoning as opposed to SMU zoning was because some of the concerns Commissioner Ensler raised were addressed as part of the SMU zoning. B.I. Proposed Ordinance No. 05-014 Re: Request for amendments to the Land Development Regulations, Chapter 22, Streets and Sidewalks, related to street naming and renaming, construction of sidewalks, access to and work with public rights-of-way, and providing for appeals, work requirements and surety (TABLED ON 02/01/05) Jeff Livergood, Director of Public Works, noted that this is a significant policy change in the Ordinance re-write. There is a requirement in the City that when there is new construction, sidewalks should be built adjacent to the new construction. However, in the past there have been locations where it did not make sense to have sidewalks and, therefore, the developer was provided a waiver. Staff would still allow waivers, but the $ Meeting Minutes Agenda Preview Conference Boynton Beach, Florida February 11,2005 developer would be required to pay a fee-in-lieu of constructing a sidewalk. Each City District, of which there are four, would have a fund to accumulate these fees. The fees could then be used to build sidewalks where needed, especially in and around grade schools. Vice Mayor McCray requested that that there be one motion to remove all the items that have been tabled under Legal. Attorney Cherof responded that this was allowed. B.2 Proposed Ordinance No. 05- Re: Approving the exemption from provisions of Section 101.657, Florida Statutes related to early voting Mayor Taylor pointed out that if the City opted for early voting, there would be costs to the City. Mr. Sugerman pointed out that the Commission is being asked to opt out of the ability for early voting. Vice Mayor McCray asked for clarification on the article in the Palm Beach Post regarding the $160,000 cost for the Inlet and would the study have to be done before they go to Tallahassee. Mayor Taylor noted that the $160,000 is for a feasibility study of the inlet and would not be done for sometime. Currently, the City is trying to get the State to pay for the study. Adjournment There being no further business, the meeting adjourned at 11:05 a.m. City of Boynton Beach Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk Recording Secretary (February 14, 2005) VT.-CONSENT AGENDA I'TEM A. 2 MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSIONER CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, FEBRUARY 15, 2005 AT 6:30 P.M. Present: Jerry Taylor, Mayor Mack McCray, Vice Mayor Bob Ensler, Commissioner Mike Ferguson, Commissioner Carl McKoy, Commissioner Dale Sugerman, Assistant City Manager Jim Cherof, City Attorney Janet Prainito, City Clerk I. OPENINGS: Call to Order - Mayor Jerry Taylor Invocation - Dr. Solomon Rothstein - 2nd Police Chaplain Pledge of Allegiance to the Flag led by Mayor Jerry Taylor Mayor Taylor called the meeting to order at 6:30 p.m. Dr. Solomon Rothstein, 2nd Police Chaplain, offered the invocation, followed by the Pledge of Allegiance to the Flag led by Mayor Taylor. D. Agenda Approval: 1. Additions, Deletions, Corrections Attorney Cherof requested that Proposed Ordinance No. 05-005, Item XII.A.8, remain on the table until the next meeting. 2. Adoption Motion Commissioner Ferguson moved to approve the agenda, as amended. Motion seconded by Commissioner McKoy and unanimously carried. II. OTHER: A. Informational Items by Members of the City Commission Commissioner Ferguson attended for the fourth time the Fire Department graduation ceremonies that took place in the Clayton Conference Center at Bethesda Hospital. Commissioner Ferguson was very impressed with the professionalism and expertise of Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida February 15, 2005 the Fire and EMT staff, especially noting the training and education they are required to complete. He thanked Chief Bingham for inviting him to the ceremonies. Commissioner Ferguson read some recent articles in the newspapers regarding the Mayors of Boca Raton and Delray Beach providing their support for the Mecca Farms site to be the location for the Scripps Research facilities. He also would like this Commission to add their support by Resolution of the Mecca Farms site. Mayor Taylor, as well as most of the South County Mayors, were present to endorse and recommend to the Palm Beach County Commission that the Mecca site be selected as the Scripps location. Commissioner Ferguson requested that this Board unanimously support the Resolution. Commissioner Ensler felt Scripps was very important for the future of the County. Vice Mayor McCray wanted to make certain that the County Commissioners had all the necessary information to make the site selection before endorsing a particular site. However, if the Commission wanted to support the Scripps site, he was prepared to do so. Commissioner McKoy also felt Scripps was important for the County, as well as the State, noting that there was a great deal of controversy concerning the site of the project. However, he was prepared to endorse a Resolution to support the Mecca site. Mayor Taylor reported that the County Commission met today to discuss the Scripps site. On February 22nd, the Commission will select an alternate site in the event Mecca is not available. The public will be able to provide input at that time. Vice Mayor McCray noted that he spoke at length with Mr. Bressner on February 7th regarding the issues in District 2 that Vice Mayor McCray brought forth recently, He indicated Mr. Bressner apologized for failing to acknowledge those issues and assured him that he would do everything possible to address them and the other issues in the City to make sure that everyone is on the same page. Vice Mayor McCray also stated that enjoyed working with Mr. Bressner and is looking forward to Mr, Bressner's return so they could continue to work together to move the City forward. Ill. ANNOUNCEMENTS, PRESENTATIONS: COMMUNITY & SPECIAL EVENTS, & A. Announcements: Wayne Segal, Public Affairs Director, made the following announcements: B. Community and Special Events: Boynton Beach City Library - Brown Bag Series 2005 -February 28th, 2005 from 12:00 Noon to 1:00 p.m. in the Library Program Room - Sponsored by the Friends of the Library - Free to the public 2 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida February15,2005 "The Friends of the Library" are hosting their 16th Annual Benefit Luncheon on Monday, Feb 21, at Benvenuto's Restaurant. The author is James W Hall, whose newest released book is Forests of the Night, will be available for sale and autographing at the Luncheon. For tickets, call the Library. Heritage Festival - Month-long celebration of Black History Month that informs the public of the ties that bind the African-American community together through the enjoyment of arts, education and pride in African-American accomplishments and heritage - Weekends in February. Week 3: Book Fair ViP Autograph Session Book Fair Ge, neral Public Coronation Youth Awards Poinciana February 19 5:00 p.m. Poinciana February 19 6:00 p.m. Poinciana February 19 7:30 p.m. Poinciana February 19 8:30 p.m. Week 4: Parade Seacrest February 26 Concert -"An International Affair" R&B - Classique, Regina Bell & Howard Hewitt Reggae - Glen Washington Trinidad and Tobago - Trinny Latin (TBD) MLK February 26 4:00 p.m. 6:00 p.m. International Celebration (Around the World in one day - Elementary Schools adopt a country) MLK Carnival Wilson Park February 24, 25, 26 & 27 Further information regarding Heritage Fest is available at their Website at heritagefest2005.com. Mr. Segal also presented to the Commission the City's new 2005 Guide to City Services that contained a myriad of information about the City. There were also copies in the Chambers that were available for the public. C. Presentations: 1. Proclamations: a. Rotary International Day - February 23, 2005 3 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida February 15, 2005 Mayor Taylor read the Proclamation declaring February 23, 2005 as Rotary International Day. The Proclamation was presented to the City Clerk for distribution. NEW Congress Middle School presentation of the School Board of Palm Beach County by Angela Usher, Planner and Helen Lavalley, Planner Ms. Angela Usher from the School District reported that construction of the new Congress Middle School would begin in 2005 with a completion date for August 2007. Ms. Usher introduced Ms. Lavalley, the Planning Manager of the project, and other members of her party. Ms. Lavalley presented a brief background of the comprehensive modernization of Congress Middle School. This equates to replacement of the facility on site. The original school was built in 1976 and sits on approximately 30 acres. The building and grounds will be updated to current standards. Congress Middle School is a magnate school for pre-reed and engineering. The equipment for these students will be state-of-the-art. School capacity is 1,300 students with no proposed increase. Ms. Lavalley noted that the project has two constraints. The first one is that there are existing uses on site and the second constraint is that the students would remain on site during construction. Ms. Lavalley commended Commissioner Ensler for his assistance and input and the City staff for their help as well. Ms. Lavalley introduced the architects for the project that presented a PowerPoint presentation of the New Congress Middle School. Some of the salient points of the project were: · Uses on site will be the school, maintenance yard and lTV. · The new school will be located in the rear portion of the site that will include a scenic retention lake, and a long entry drive to the new school. · The School will consist of two separate buildings. One building would be for academics and the second would be an assembly building. · Amenities include basketball courts, tennis courts, and track. · The maintenance yard has been compressed and will be shielded with more landscaping. · A new collector road will be added at the south end of the site. · The access road will have its own signal to facilitate access. · There will be a new landscape buffer around the front of the school with park- type fencing. · The tower has been relocated. · The basketball courts have been relocated. · The building will be phased and the maintenance yard will be cleaned up. · It will take approximately 18 months to build the new school. · The old building will be torn down and replaced with the field amenities. · Security and safety features would be built into the school. 4 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida February15, 2005 · The assembly building will be located across the courtyard. Included in this building are the locker rooms and gymnasium. · The architecture is Mediterranean with barrel tile detailing. Vice Mayor McCray inquired about the trailers located on Congress Avenue. The architect stated that they have all been sold and there will be no more trailers. Mayor Taylor asked about the portables on site and was informed that those would be removed as well. Mayor Taylor noted he was Mayor when the School Board requested the City to allow them to put up the antenna on the pole and in exchange for this, the School Board stated that they would completely hide the yard and trailers. However, none of the promises made by the School Board were kept. Mayor Taylor asked what the status of the maintenance yard would be. Commissioner Ensler responded that the maintenance site would be totally removed to another site. David Swan, Senior Project Administrator for the School District, stated that the property has already been cleaned. They are looking for another location to relocate the maintenance yard. Until such time, a portion of a permanent building will remain until this property can be located. Mr. Swan also noted landscaping would shield the maintenance yard and staff is assisting them in locating a site for the maintenance yard. Commissioner Ensler commended the School District and City staff in working together to bring this project to fruition. He personally thanked Mr. Swan, who was instrumental in bringing such a high caliber school to the City. Commissioner Ensler pointed out that the project also included two ball fields, track, basketball courts, and tennis courts that will be available to the City. Discussions are taking place if a soccer field could also be introduced. 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) Herb Suss, 1711 Wood Fern Drive, asked if the Planning and Development Board would be involved with the design of the school and Commissioner Ensler stated that the Planning and Zoning staff were involved. Mr. Suss asked about the date for the Advisory Board Dinner and was informed that the dinner is scheduled for a date in April. Mr. Suss reported that a Valentine Day celebration took place yesterday at the City's Golf Course that was attended by 36 couples. Everyone had a great time and Mr. Suss complimented Ms. DeFosse for her efforts in putting together this event. 5 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida February ~.5, 2005 Mr. Suss announced on Saturday at the Rolling Green Municipal Complex on 14th Street a CERT drill would take place at 9:00 a.m. Everyone was invited to attend and noted that a new class will begin in March. Mr. Suss asked about the status of the FP&L light towers and inquired about the police investigation that he read about in the newspaper. Lastly, Mr. Suss reported that he received a telephone call on Sunday from Mr. Bressner who informed him that he is doing well. Mayor Taylor informed Mr. Suss they cannot respond to the Police investigation since this is an ongoing investigation. Regarding FP&L, Mayor Taylor met with representatives two weeks ago regarding the City's concerns. Mayor Taylor received positive information and anticipated that the public will be pleased with the results. Barry Volkman is the music director of a newly formed Boynton Regional Symphony Orchestra. The first rehearsal was held Thursday night at Boynton Beach Community High School and 20 people of all ages attended the rehearsal. He would like to have more players as well as people to sit on their Board of Directors to become more established in the community. Mr. Volkman thanked Commissioner Ensler, Mr. Bressner and Mr. Majors for their assistance in securing the band room at the Boynton Beach High School for their rehearsals. Anyone who wanted to participate in the symphony or to help in anyway should contact Mr. Volkman at 304-3937. Gertrude Sullivan, 201 NE 6th Avenue, Boynton Beach, commended Vice Mayor McCray for stating he wanted to get back together in order to stop the controversy taking place in the City. Ms. Sullivan was concerned about the property in her neighborhood being sold to developers and asked where the families being displaced could find new homes. Lastly, Ms. Sullivan asked if Wilson Center was still on course. Mayor Taylor informed Ms. Sullivan that the Wilson Center is still on course. With regard to people being displaced, he pointed out the City has many programs to assist in this area. Sherri Johnson, Community Caring Center, 145 NE 4u~ Avenue, Boynton Beach, serves on the Palm Beach County United Way Long Term Recovery Committee being organized to assist hurricane victims. They will be making a presentation to the County at the end of March regarding grant funds that will be available for homeowners to make repairs to their homes. In order to determine those families that need assistance, the Lutheran Disaster Services Needs Assessment Form must be completed. Ms. Johnson recommended that people complete this form in advance so when the funds are available, they would be considered first. Ms. Johnson announced that a nutrition education program at the Treasure Chest Learning Center is starting up. On Thursday morning at the Community Garden the children would be participating in their first project, which is planting. They will also be going on a field trip to learn about farming and produce. 6 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida February 15~ 2005 Mayor Taylor noted the wonderful work the Community Caring Center provided to the needy in the City. Ms. Johnson announced that their pantry is Iow and they are in need of donations. The phone number for the Community Caring Center is 364-9501. Ms. Johnson can be reached at extension #25 and to ask for help, dial extension #21. Hispanic people should dial extension #24. Steve Homrich, 690 NE 15th Place, a member of INCA, reported on action that took place at their monthly meeting last night. INCA is in favor of preserving the Old High School. They are looking at ways to find a process for better compatibility for future developments. Dan DeCarlo, the City's Neighborhood Specialist, was their guest speaker, and two issues were discussed. INCA is looking to link their Web site to the City's Web site. They would like to work with the City in getting Federal Highway cleaned up and to address the poor condition of the CVS Pharmacy benches. The public audience was closed. Vice Mayor McCray inquired about the trailer located at the Civic Center. Mr. Majors stated that this trailer belonged to the construction company that would be doing the Library renovations. V. ADMINISTRATIVE: Accept resignation from Diana Johnson, Regular Member of the Golf Course Advisory Committee Motion Commissioner Ferguson moved to accept the resignation of Diana Johnson, Regular Member of the Golf Course Advisory Committee. Motion seconded by Vice Mayor McCray and unanimously carried. B. Appointments to be made: Appointment To Be Made Length of Term Board Expiration Date Ensler IV McKoy Mayor Taylor Ensier II McCray Adv. Bd. On Children & Youth Bldg. Bd of Adj & Appeals Bldg. Bd of Adj & Appeals Bldg. Bd of Adj & Appeals Bldg. Bd of Adj & Appeals Stu/Non-Voting Alt Reg Alt Alt III Ferguson Cemetery Board Alt III Ferguson IV McKoy Code Compliance Board Code Compliance Board Alt Alt 1 yr term to 4/05 3 yr term to 4/07Tabled (3) 3 yr term to 4/07Tabled (3) 1 yr term to 4/05Tabled (3) 1 yr term to 4/05Tabled (3) I yr term to 4/05Tabled (3) 1 yr term to 4/05 Tabled (3) 1 yr term to 4/05 Tabled (2) 7 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida February 15, 2005 IV McKoy II McCray Community Relations Board Alt Community Relations Board Alt 1 yr term to 4/05 1 yr term to 4/05Tabled (3) IV McKoy Education Advisory Board Stu 1 yr term to 4/05 II McCray Golf Course Advisory Committee Reg 5 yr term to 6/05 Mayor Taylor Recreation & Parks Board Reg 3 yr term to 4/06 Mayor Taylor appointed Ralph Diaz as a Regular Member of the Recreation and Parks Board. Since Mr. Diaz is a current member of the Senior Advisory Board, he will be submitting his resignation from that Board. Motion Vice Mayor McCray moved to approve the appointment of Ralph Diaz as a regular member of the Recreation and Parks Board. Motion seconded by Commissioner McKoy and unanimously carried. All other appointments were tabled. 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. A. Minutes: 2. 3. 4. City Commission Meeting - January 18, 2005 Agenda Preview Conference - January 28, 2005 City Commission Meeting - February 1, 2005 City Commission Workshop - January 31, 2005 Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2004-2005 Adopted Budget Award Bid for "ANNUAL SUPPLY OF SODIUM HYDROXIDE (LIQUID CAUSTIC SODA), Bid #014-2821-05/CJD, to ALLIED UNIVERSAL CORPORATION of Miami, Florida, with an annual estimated expenditure of $166,000 for the Utilities Department Commissioner Ensler removed Item B.1 from the Consent Agenda for discussion. Award the "CLASSIFICATION & COMPENSATION STUDY", RFP #015-1610-05/CJD to MGT OF AMERICA of Tallahassee, Florida, 8 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida February l5~ 2005 with an estimated expenditure of $66,000 (PROPOSED RESOLUTION NO. R05-020) Vice Mayor McCray removed Item B.2 from the Consent Agenda for discussion. C. Resolutions: Proposed Resolution No. R05-012 Re: Approving and adopting grant funding policies (TABLED TO FEBRUARY 15, 20O5) Vice Mayor McCray removed Item C. 1 from the Consent Agenda for discussion. Proposed Resolution No. R05-021 Re: Authorizing the execution of a contract for Federal lobby services with the firm of U. S. Strategies Corp. (USSC) at an annual cost of $60,000 (a portion of this cost is proposed to be shared with the CRA) Proposed Resolution No. R05-022 Re: Authorizing the execution of a Task Order with Kimley-Horn and Associates, Inc. for final design and construction services for the Wilson Center Building, pool and park project in the not-to-exceed amount of $519,400 Commissioner Ensler removed Item C.3 from the Consent Agenda for discussion. Proposed Resolution No. R05-023 Re: Approving concept plans for the Intracoastal Park Clubhouse as prepared by CH2MhilI, providing direction to staff regarding the desired location of the clubhouse on the site and authorizing Task Order No. 05-05- 01 to CH2Mhill in the lump sum, and not-to-exceed amount of $181,255 for final amhitectural design and construction oversight services for the Intracoastal Park Clubhouse Vice Mayor McCray removed Item C.4 from the Consent Agenda for discussion. Proposed Resolution No. R05-024 Re: Approving and authorizing the execution of Amendment #1 to Task Order No. U04-14-01 to Mathews Consulting, Inc. (MCI) for $102,715 to provide professional engineering services for the NW 17th Avenue (Rolling Green) Stormwater and Water Main Improvement Project Proposed Resolution No. R05-025 Re: Authorizing the Approval of Modification to Hazard Mitigation Grant Agreement (permanent hurricane window coverings for second floor City Hall windows), which will result in a reimbursement to the City of $40,780 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida February 15, 2005 10. 11. Proposed Resolution No. R05-026 Re: Authorizing the execution of Agreements for Water Service Outside the City Limits with: Lori Podray as Customer and Hypoluxo Homes LLC as Contract Vendee: and Epamhy of Passaic as Customer and Hypoluxo Homes LLC as Contract Vendee, for the proposed project known as Nicola PUD, located west of Military Trail and south of Hypoluxo Road (PROPOSED RESOLUTION NO. R05-027) Proposed Resolution No. R05-028 Re: Ratifying the action of the South Central Regional Wastewater Treatment & Disposal Board of January 20, 2005 as follows: Authorization to enter into an agreement with the City of Delray Beach to expand their contract for the reuse line with Chaz Equipment for Area 1 reclaimed water system into the South Central Plan in the amount of $415,240 with the cost to be split 50/50 from each city's capital funds; and Authorization for chairman to sign agreement with Solid Waste Authority for South Central to participate in the construction and operation of the Biosolids Pelletization Project. The construction cost of $5,643,362 will be split 50/50 from each City's Capital funds. Proposed Resolution No. R05-029 Re: Authorizing the execution of Task Order No. U05-11-1 for $87,355, plus a 5% contingency in the amount of $4,367.75, for a total budget appropriation of $91,722.75, to LBFH, Inc. to provide professional engineering services for the design, permitting, bid phase and construction phase for the replacement of approximately 2,500 linear feet (LF) of 10-inch force main within the Platina force main system Proposed Resolution No. R05-030 Re: Approving and authorizing the execution of an Agreement for Water Service Outside the City Limits with Homrich Corporation for the property at 1018 Highland Road, Lake Worth, FL (RIDGE GROVE LT 54) Proposed Resolution No. R05-031 Re: Approving and authorizing the execution of an Agreement for Water Service Outside the City Limits with Homrich Corporation for the property at 1026 Highland Road, Lake Worth, FL (RIDGE GROVE LT 53) 10 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida February 15, 2005 12. Proposed Resolution No. R05-032 Re: Approving and authorizing the execution of an Agreement for Water Service Outside the City Limits with Homrich Corporation for the property at 1034 Highland Road, Lake Worth, FL (RIDGE GROVE LT 52) D. Ratification of Planning & Development Board Action: None E. Ratification of CRA Action: None Approve Closeout Change Order #1, increasing Purchase Order #050600 by $6,406.16, and approve the Final Application for Payment to Chaz Equipment Company, Inc. The Final Application for Payment is $33,394.22, including the recommended increase. Authorize the use of $2,000 of Community Investment Funds by Commissioner Carl McKoy, $1,000 from Commissioner Bob Ensler, $1,000 from Mayor Taylor and $2,000 from Vice Mayor McCray for Heritage Fest 2005 Commissioner Ferguson removed Item VI.G from the Consent Agenda for discussion. Approve the full release of surety covering the water and sewer systems for the project known as Polo Ridge, and refunding the cash surety in the amount of $3,085 to the developer, Polo Ridge Developer, LLC Approve the full release of surety covering the water and sewer systems for the project known as BorgataJSan Savino (aka Melear PUD) and returning Letter of Credit No. 3704313 from Bank of America to the developer, Continental Homes (D.R. Horton) Motion Commissioner Ferguson moved to approve the Consent Agenda, as amended. Motion seconded by Vice Mayor McCray and unanimously carried. Award Bid for "ANNUAL SUPPLY OF SODIUM HYDROXIDE (LIQUID CAUSTIC SODA), Bid #014-2821-05/CJD, to ALLIED UNIVERSAL CORPORATION of Miami, Florida, with an annual estimated expenditure of $166,000 for the Utilities Department Commissioner Ensler noted there were three bids, one of which was a minority firm. Commissioner Ensler would like the City to award more bids to minority firms and 11 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida February 15~ 2005 questioned if the bid could be split between the two firms that bid the lowest, or in the alternative to go out for new bids. Nem Gomez, Interim Utility Director, was prepared to revisit this item if the Commission wanted to do so. He was not involved in the details of the selection. Commissioner Ensler inquired if it was important that this bid be approved tonight. Mr. Gomez would have to check with staff on this. Vice Mayor McCray inquired if it was the City's practice to split bids. Mr. Mummed responded that it has not been the City's practice to split bids, but he did not think splitting bids was prohibited. Mr. Mummed pointed out that this particular bid has always been awarded in the aggregate to the firm with the lowest aggregate total. Mayor Taylor did not think this type of bid could be split, which Mr. Gomez confirmed was correct. Mayor Taylor acknowledged the issues brought up by Commissioner Ensler and now that staff is aware of how they would like the bids selected, he felt they should approve the bid. Commissioner Ensler inquired if the bids could be worded that would give the City an option to award a bid separately. Attorney Cherof stated that this could be done, but the Commission should keep in mind that this could affect the amount of the bids. Commissioner Ensler would encourage all departments to award more minority bids. Mr. Mummed spoke to the Purchasing staff and conveyed the Commission's wishes. Commissioner McKoy felt that the City needed to be more aggressive in awarding minority bids and recalled that these same discussions have taken place many times. He also requested that staff be more cognizant to awarding more bids to minorities. Motion Commissioner Ensler moved for approval. Motion seconded by Commissioner Ferguson and unanimously carried. Award the "CLASSIFICATION & COMPENSATION STUDY", RFP #015-1610-05/CJD to MGT OF AMERICA of Tallahassee, Florida, with an estimated expenditure of $66,000 (PROPOSED RESOLUTION NO. R05-020) Vice Mayor McCray pulled this item at the request of a citizen who wanted to address this item. Brian Edwards 629 NE 9th Avenue, Boynton Beach was in favor of awarding the RFP and felt this would be a good time to move forward with this item and the firm being recommended appeared qualified to do the work. Mr. Edwards noted that the study appeared to be extensive and he questioned if it could be completed between now and June. He also thought the cost was quite high considering the amount of work that was 12 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida February15i 2005 to be performed. It also appeared at the end of the study, the City would have the option to purchase a maintenance plan for the job evaluation tool software. The backup also noted that MGT of America has the ability to provide staff with a four-year implementation plan. Mr. Edwards felt this type of wording meant that the City would have to bear additional unknown costs at the end of the study for the purchase of the software beyond the original costs of $66,000. Mr. Edwards also inquired how this would benefit the City's hiring process. Amy Brown, from MGT of America, explained that the maintenance plan for the job evaluation tool is very easy to use once staff is trained and merely provides basic assistance and maintenance of the tool. The cost for this is much less than the contract itself. Also Ms. Brown pointed out that it is at the City's discretion whether they want to purchase the maintenance tool or not. Motion Vice Mayor McCray moved to award the contract. Motion seconded by Commissioner McKoy and unanimously carried. Proposed Resolution No. R05-012 Re: Approving and adopting grant funding policies (TABLED TO FEBRUARY 15, 2005) Motion Vice Mayor McCray moved to remove the item from the table. Motion seconded by Commissioner Ferguson and unanimously carried. Vice Mayor McCray pulled this item at the request of a citizen. Sherri Johnson, of the Community Caring Center, had several questions regarding the City's grant funding process and provided the Clerk with her comments, which are on file in the City Clerk's Office. Ms. Johnson did not think the Resolution was clear as to whether this applied only to the CDBG funding or if the City gave out other kinds of grants. However, she pointed out, that the comments she provided were made as if the Resolution only applied to CDBG funding. Ms. Johnson recommended adding language to "Access to Funding" under "General Policies" to be tied to the City's priorities contained in the Comprehensive Plan. She also felt the priorities should be rated, high, medium or Iow to address the needs in the city. Secondly, Ms. Johnson recommended that the application be in other languages besides English, but when the actual grants are submitted they would be in English. Before scoring the applications, they should be reviewed for completeness and scoring of the applications should be done on completeness. She did not think that additional time should be given applicants that provide missing documentation. 13 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida February15, 2005 Ms. Johnson recommended the City establish an advisory board to assist with evaluating grant applications. Ms. Johnson brought forth many other recommendations regarding the grant process. Mayor Taylor suggested that staff review Ms. Johnson's recommendations, but he would like to move the item forward. After staff reviews Ms. Johnson's recommendations, if they feel there is a need for additional amendments to the Resolution, they could bring them back to the Commission. Vice Mayor McCray had concerns about the Resolution and the issues Ms. Johnson raised. He also had some of his own questions and felt that the Resolution needed clarification on several points. He questioned if this only applied to the CDBG program or were there other grant programs in the City. Vice Mayor McCray inquired what the difference was between a 'facilitator" and "gatekeeper" on page 4. He also noted that the Resolution was not clear on whether the policies applied to all grants or specifically to the CDBG program. Vice Mayor McCray had other comments. Mayor Taylor recommended tabling the item to allow staff to re-work the Resolution and bring it back. Motion Vice Mayor McCray moved to re-table. Motion seconded by Commissioner Ferguson and unanimously carried. Mayor Taylor recommended setting up a Commission workshop with the committee and then bringing it back to the Commission. Proposed Resolution No, R05-022 Re: Authorizing the execution of a Task Order with Kimley-Horn and Associates, Inc. for final design and construction services for the Wilson Center Building, pool and park project in the not-to-exceed amount of $519,400 Commissioner Ensler inquired what the costs would be for a spray pool and asked Mr. Majors to address this. Wally Majors, Recreation and Parks Directors, reported that he contacted the County and did some further research. As a result, he has determined that a spray ground would cost between $300,000 to $350,000. The costs for an interactive splash pool would cost $1.1 million. Commissioner Ensler noted the funds for a spray ground have not been budgeted, but if possible, when Kimley-Horn does the final design, he would like the infrastructure for this facility included that would include, water, drainage, electricity, etc. 14 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida February 15~ 2005 Motion Commissioner Ensler moved for approval. Motion seconded by Commissioner Ferguson and unanimously carried. Proposed Resolution No. R05-023 Re: Approving concept plans for the Intracoastal Park Clubhouse as prepared by CH2Mhill, providing direction to staff regarding the desired location of the clubhouse on the site and authorizing Task Order No. 05-05- 01 to CH2Mhill in the lump sum, and not-to-exceed amount of $181,255 for final amhitectural design and construction oversight services for the Intracoastal Park Clubhouse Vice Mayor McCray noted that the Commission must approve the location for the new clubhouse. Mayor Taylor stated that two options were provided; one was to place the clubhouse along Federal Highway and the second option was to place it along the Intracoastal. Vice Mayor McCray felt it was important to locate the clubhouse along the water. Mr. Majors also felt the water was the best location for the clubhouse and pointed out how it would provide a unique attraction for the City. Motion Vice Mayor McCray moved for approval with the location of the clubhouse along the water. Motion seconded by Commissioner Ferguson. Commissioner McKoy pointed out the western portion of the Park along Federal Highway is used for parking. He felt that putting the clubhouse at the Intracoastal would be advantageous in order to keep the current parking area. Vote The motion carried 5-0. Authorize the use of $2,000 of Community Investment Funds by Commissioner Carl McKoy, $1,000 from Commissioner Bob Ensler, $1,000 from Mayor Taylor and $2,000 from Vice Mayor McCray for Heritage Fest 2005 Commissioner Ferguson pointed out that he had previously contributed to the Heritage Fest. Motion Commissioner Ferguson moved for approval. Motion seconded by Vice Mayor McCray and unanimously carried. 15 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida February15, 2005 VII. CODE COMPLIANCE & LEGAL SETTLEMENTS: Motion to pay settlement from court ordered mediation in the amount of $9,000 in the case Shirley M. Akins v. City of Boynton Beach (The initial demand made prior to and at mediation was $150,000.) Motion Commissioner Ferguson moved for approval. Motion seconded by Commissioner McKoy and unanimously carried. VIII. PUBLIC HEARING:7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS Seaview Park Club (NWSP 04-014) - 1620 North Federal Highway (east side of North Federal Highway, approximately 1,000 feet north of the Boynton C-16 Canal - Request for new site plan approval for the construction of 69 condominium units on 3.756-acres in the IPUD zoning district (RETURNED TO COMMISSION FOR RECONSlDERATION) Attorney Cherof p~)inted out that the Commission at their last meeting heard these items and they are now being returned to the Commission for reconsideration as the result of a motion to do so. The Commission is being asked to approve additional conditions to the site plan approval process. Commissioner Ferguson inquired if a motion for reconsideration was necessary, and Attorney Cherof stated a motion was not necessary. Attorney Cherof recommended the three items be heard separately. Attorney Morell noted on January 25, 2005 they submitted a letter requesting a revised amendment to condition #48 and three additional conditions. The letter was considered a motion for reconsideration at the February 1, 2005 meeting and the Commission voted to reconsider. The parties continued to meet and on February 11, 2005, Attorney Morell forwarded a letter to Mike Rumpf, the Planning and Zoning Director, reporting progress in the talks. His clients reviewed Mr. Weiner's letter and are in complete agreement with that letter. Therefore, based upon this, they are now withdrawing their request for three new additional conditions, provided that the revisions to condition #48 and other principles set out in Mr. Weiner's letter be included. As a result, City staff drafted additional conditions that were E-mailed to him today and they are acceptable. Attorney Morell requested that staff present those recommendations. If the Commission, along with the applicant agreed to those recommendations, they would consider the matter resolved. Attorney Michael Weiner, for the applicant, acknowledged that they received staff's recommendations and agreed to the additional conditions proposed by staff. Mr. Hudson distributed the additional conditions referred to by Attorney Morell, a copy of which is on file in the Office of the City Clerk. Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida February 15, 2005 Mike Rumpf, Planning and Zoning Director, stated the conditions being presented are a consolidation of comments generated by all parties and have been reviewed thoroughly by staff, especially the comments regarding buffer landscaping changes. Mr. Rumpf reviewed the additional conditions as follows: · Comment #56 is comment #48 that limits the project to three stories and includes what would or would not be allowed on the roofs. · Comment #57 is the elimination of comment #49 dealing with the rooftop patio area and that comment is no longer necessary. · Comment #58 deals with the conversion of tree species from Laurel Oaks to Live Oaks. · Comment #59 is an amendment to comment #52 and includes other tree options. · Comment #60 is the elimination of comment #53. This comment originally required that the trees not be "hurricane cut." · Comment #61 is an amendment to comment #54 that would allow the south buffer to be designed as agreed upon by all parties and a greater range in tree height. This is included in the conditions as Drawing #LT. · Comment #62 is new and deals with the changes in the elevations of the buildings. In addition, the comment requires notification to INCA and a representative for the homeowners. · Comment #63 addresses the dock facilities. · Comment $#64 addresses lighting. · Drawing Pla is a photometric plan. Steve Homrich, 690 NE 15m Place, representing INCA, reported they are in agreement with all the conditions, but requested clarification on Condition #56 dealing with the height. When this was originally discussed, the intent was the height would be no higher than Manatee Bay to the north and does this still apply to the mid-point of the roof or is Manatee Bay 38' to the top of the building? Mr. Rumpf was not certain on this, but thought it was to the peak. If this was the case, Mr. Homrich inquired if the project could go higher and Mr. Rumpf stated that it would depend upon the final design of the roof, and it could be a little bit higher. Commissioner Ferguson pointed out the Commission was just furnished with this information and he has repeatedly requested that information be provided in a timely manner. Motion Commissioner Ferguson moved for approval. Motion seconded by Commissioner McKoy. For clarification, Attorney Cherof noted that this motion approved the site plan with the conditions of approval that have been handed out as Exhibit C. 17 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida February l5~ 2005 Vote Motion carried 5-0. Motion Vice Mayor McCray moved to remove Items VllI.A.1 and 2 from the table. Motion seconded by Commissioner McKoy and unanimously carried. Attorney Cherof stated these two items could be heard together as one public hearing. The applicant had no objection. Attorney Morell, on behalf of his 16 clients, also had no objection. Proposed Ordinance No. 05-006 Re: Amending the Comprehensive Plan Future Land Use Map from Low Density Residential and Local Retail Commemial to Special High Density Residential (Seaview Park Club - LUAR 04-101) (2"d READING OF PROPOSED ORDINANCE WAS TABLED ON 02/01/05) Attorney Cherof read proposed Ordinance No. 05-006 by title only. Proposed Ordinance No. 05-007 Re: Rezoning from R-3 Multi-family Residential and C-3 Community Commercial to Infill Planned Unit Development (IPUD) (Seaview Park Club) (2ND READING OF PROPOSED ORDINANCE WAS TABLED ON 02/01/05) Attorney Cherof read proposed Ordinance No. 05-007 by title only. Attorney Cherof announced that after the public hearing the Ordinances had to be adopted separately. Mayor Taylor opened the public hearing for Ordinance No. 05-006. Attorney Morell, representing the 16 landowners, referred to his letter of February 11, 2005, and stated that they support this plan amendment and encouraged the Commission to look to the neighborhoods for their input in the future. On behalf of his clients, they support Ordinance No. 05-006. Since no one else wished to speak, the public hearing was closed. Motion Commissioner Ferguson moved to approve Proposed Ordinance No. 05-006. Motion seconded by Vice Mayor McCray. City Clerk Prainito called the roll and the motion carried 5-0. 18 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida February 15, 2005 Motion Commissioner Ferguson moved to approve Proposed Ordinance No. 05-007. Motion seconded by Commissioner McKoy. Mayor Taylor opened the public hearing. Since no one wished to speak, the public hearing was closed. Vote City Clerk Prainito called the roll and the motion carried 5-0. Assistant City Manager Sugerman commended City staff for their attentiveness in finalizing this item, as well as the applicant and the opponents for working with staff. He felt that all parties came together in a true spirit of compromise. RECESS WAS DECLARED AT 8:12 P.M THE MEETING RESUMED AT 8:23 P.M. B. Project: Agent: Owner: Location: Description: Boynton Beach Lofts (LUAR 05-003) (CRA HAS REQUESTED POSTPONEMENT) Brady Miller, AICP, Miller Land Planning Consultants, Inc. Louis F. Mascia/Boynton Motel LLC 623 South Federal Highway Request to amend the Future Land Use designation from Local Retail Commercial (LRC) (1St READING OF PROPOSED ORDINANCE NO. 05-); and to rezone from Community Commercial (C-3) to Mixed-Use Low (MU-L) (1sT READING OF PROPOSED ORDINANCE NO. 05-) Boynton Beach Lofts (NWSP 05-008) - 623 South Federal Highway - Request for new site plan approval to construct a mixed-use project consisting of 48 multi-family dwelling units, 5,364 square feet of retail and 12,354 square feet of office on a 1.21-acre pamel in an MU-L zoning district (CRA HAS REQUESTED POSTPONEMENT) Boynton Beach Lofts (HTEX 05-001) - 623 South Federal Highway - Request for a height exception of 3'-2" pursuant to the City's Land Development Regulations, Chapter 2, Zoning, Section 4.F.2, to allow the mechanical room housing elevator/stair tower to be 78'-2" in height, a distance of 3'-2" above the 70' maximum height allowed in the Mixed-Use Low (MU-L) zoning district (CRA (APPLICANT HAS REQUESTED POSTPONEMENT) HAS REQUESTED POSTPONEMENT) 19 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida February 15, 2005 Motion Commissioner Ferguson moved to table Items VIII.B.1. & 2. Motion seconded by Commissioner McKoy and unanimously carried. Attorney Cherof requested these items be tabled to dates certain--April 5, 2005 and April 19, 2005. Commissioner Ferguson amended his motion accordingly and Vice Mayor McCray seconded the amended motion that unanimously carried. Amendment to the Land Development Regulations, Chapter 2. Zoning, Section 8, M-1 Industrial District, to allow as conditional uses, uses proposed as medical or scientific research which involve the use, treatment, storage, or processing of human or animal bodies, or body parts (1sT READING PROPOSED ORDINANCE NO. 05-015) Attorney Cherof read proposed Ordinance No. 05-015 by title only. Motion Commissioner Ensler moved to approve Proposed Ordinance No. 05-015. Motion seconded by Commissioner Ferguson. City Clerk Prainito called the roll and the motion carried 5-0. IX. CITY MANAGER'S REPORT: Mr. Sugerman reported on Mr. Bressner's medical condition. Mr. Bressner has been moved to a regular hospital room. Hopefully, he will be discharged in a day or two. Mr. Sugerman felt that Mr. Bressner would require a recuperation period between four to six weeks. Everyone wished Mr. Bressner a speedy recovery. Vice Mayor McCray asked Mr. Sugerman if he would be with the City during this four to six week period. Mr. Sugerman also reported Assistant City Manager Wilfred Hawkins would be out for an extended period as well. He acknowledged that he has been selected as the number one candidate by Highland Beach to be their Town Manager and is in negotiations with them. Mr. Sugerman cannot answer Vice Mayor McCray's question until the negotiations have concluded. As soon as he knows what his intentions are, he will communicate them to the Commission. 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) 2O Meeting Minutes Regular City Commission MeeUng Boynton Beach, Florida February15, 2005 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 eRA) D. Annexation of Enclaves (TBA) E. Hurricane Design for Public Buildings F. City Manager's Evaluation (October 2005) Presentation of the After-action Report regarding the 2004 Hurricane Season (TBA) Contribute $1,000 of Vice Mayor Mack McCray's Community Investment funds to the Boynton Ministerial Association (TBA) Vice Mayor McCray requested Item H. be corrected to read "The Heart of Boynton Ministerial Association." I. Disposition of Old High School (March 1) Xl. NEW BUSINESS: None XII. LEGAL: Motion Vice Mayor McCray moved to remove all the tabled items, except Item A.8 from the table. Motion seconded by Commissioner Ferguson and unanimously carried. Attorney Cherof announced all citizens that are interested in the Ordinances on second reading dealing with the Comprehensive Plan, should complete a sign-in sheet in the back of the room by providing your name and address in order to be added to a mailing list for future updates on those items. A. Ordinances - 2nd Reading - PUBLIC HEARING Proposed Ordinance No. 04-049 Re: Amending Policy 1.16.1 of the Future Land Use Element by adding a Mixed Use-Suburban (MX-S) land use category; providing for consistent zoning districts, allowed uses, density and intensity of development TABLED ON 01/18/05 (Addressed out of Order) Attorney Cherof read Proposed Ordinance No. 04-049 by title only. 21 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida February15,2005 Mayor Taylor opened the public hearing. Since no one wished to speak, the public hearing was closed. Motion Commissioner Ferguson moved to approve Proposed Ordinance No. 04-049. Motion seconded by Vice Mayor McCray. City Clerk Prainito called the roll and the motion carried 5-0, Proposed Ordinance No. 04-045 Re: Regarding property consisting of approximately 81.814 acres and located between Congress Avenue and the LWDD E-4 Canal, more particularly described herein; amending Ordinance 89-38 by amending the Future Land Use Element of the Comprehensive Plan, the Land Use Designation is being changed from Moderate Density Residential to Mixed Use-Suburban (Boynton Village) TABLED ON 01/18/05 Attorney Cherof read Proposed Ordinance No. 04-045 by title only. Mayor Taylor opened the public hearing. Kathy Cook, 1074 NW 11th Street, would like to know why this project is good for the residents of the City. Ms. Cook invited the Commission to come live in her neighborhood to see what it is like. She pointed out the trees from the first project at Gateway have already been cut down. As a result, the noise from the traffic and heavy construction equipment has intensified and it is very noisy. With the new zoning, they are going to lose all the wildlife that live in the fields. Ms. Cook also had concerns about flooding when the site is developed. Ms. Cook noted there is so much traffic now on Old Boynton Road that it takes her several minutes to exit from her community onto that Road. As a result of this long wait, motorists exit the street too fast. She is afraid that when the street is widened that vehicles would have to wait even longer to exit and that could result in crashes into the homes across the street. Ms. Cook has an office on Gateway Boulevard and her house is only one mile from her office, yet it takes her 18 minutes to get home in the evening. While the City may be increasing revenues, they are decreasing the quality of human lives. Ms. Cook pointed out that they have been residents of the City for many years and have paid their taxes and deserve some consideration. The area is being increased to such a degree that no one can live in the homes anymore. Since no one else wished to speak, the public hearing was closed. Dick Hudson, Senior Planner, noted since the first reading of the Ordinance several months ago, there have been some minor changes to the acreage. The project was 22 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida February15,2005 originally 81.81 acres and has now increased to 82.08 acres. When the staff report was prepared, they had not heard from County Engineering. However, the County has provided their comments and stated that the project does meet the traffic performance standards ordinance with the improvements outlined in the staff report. DCA had an objection to the amendment and the one for Boynton Town Center. DCA stated that it was difficult to determine the exact amount of types of uses that would be on the property. Therefore, DCA has requested a note be included on the Future Land Use Map for both parcels that would state: "This property is restricted to a maximum of 1,120 high-density residential units, 10,000 square feet of office/commercial use and 149,000 square feet of local, retail commercial use." This note will be added to the bottom of the Future Land Use Map. Commissioner Ensler referred to staff's comment regarding the negative aspect of the proposed master plan that lacks private and public park space that could take advantage of the lake area. Staff opined, "A passive area located between the spine road and the lake could become a special focal point and gathering place for a great number of people and a true asset to the development. This would also fulfill the SMU requirements." Commissioner Ensler requested the applicant address staff's comments. Jim Comparato, Compson Associates, responded that the location of the parkland was discussed at length with staff. They would have liked to have more parkland around the lake, but in trying to keep with the overall feeling regarding the size of the lake and access for the public from a public street, they moved the park access to Old Boynton Road. Commissioner Ensler noted there were two kinds of parkland. The first one was dedicated parkland and the other is open space as required by the SMU Ordinance. Mr. Comparato stated 1.5 acres of land would be dedicated to the City as parkland, and there is an additional 3~ acres of parkland directly adjacent to the 1.5 acres that would make the park 5 acres in total. Mr. Hudson added the requirement for 15~,~ acres of useable open space still must be addressed. Mr. Hudson pointed out it did not have to be in parkland, but could be open plazas and gathering spaces. The applicant is providing a 40' wide greenway along the canal that would count towards the useable open space. Motion Commissioner Ferguson moved to approve Proposed Ordinance No. 04-045. Motion seconded by Mr. Ensler. City Clerk Prainito called the roll and the motion carried 5-0. Vice Mayor McCray inquired if the Ordinance was just approved was approved with the note requested by staff. Mayor Taylor stated that it was. 23 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida February ~.5, 2005 Proposed Ordinance No. 04-046 Re: Regarding the application of Klatt Family Limited Partnership, amending Ordinance 02-013 of said City by rezoning a parcel of land more particularly described herein from R-l-AA Single-Family Residential to Suburban Mixed Use (SMU) (Boynton Village) TABLED ON 01/18/05 Attorney Cherof read Proposed Ordinance No. 04-046 by title only. Mayor Taylor opened the public hearing. Since no one wished to speak, the public hearing was closed. Motion Commissioner Ferguson moved to approve Proposed Ordinance No. 04-046. Motion seconded by Vice Mayor McCray. City Clerk Prainito called the roll and the motion carried 5-0. Proposed Ordinance No. 04-047 Re: Regarding property consisting of approximately 25 acres and located on the northeast corner of the intersection of Congress Avenue and Old Boynton Road; amending Ordinance 89-38 by amending the Future Land Use Element of the Comprehensive Plan of the City for the property more particularly described herein; the Land Use Designation is being changed from Moderate Density Residential to Local Retail Commercial (LRC) (Boynton Town Center) TABLED ON 01/18/05 Mayor Taylor opened the public hearing. Kathy Silverio, 10 Velaire Drive, Boynton Beach, lives across the street from the proposed project. Ms. SiIverio was not opposed to the project, but she was concerned about the zoning change to C-3 on the corner of the property. She pointed there already was a Wal-Mart only two blocks west of the proposed project, which has greatly increased traffic in this area. She felt it was very unsafe to try to cross Congress Avenue and Old Boynton Road and referred to the many accidents that have occurred at this intersection. Ms. Silverio inquired if a Super Target was, in fact, slated for this property. If this were the case, she felt that all you would see in Boynton Beach is a sea of asphalt and parking lots. Ms. Silverio would like to see more greenery introduced on the site and questioned if the City could support two Super Targets, since there is one being built at Hagen Ranch and State Road #441. Lastly, Ms Silverio felt the new Muvico locating to the Boynton Beach Mall would add to the traffic problem. 24 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida February15, 2005 Herb Suss, 1711 Wood Fern questioned the feasibility of placing a Super Target at this site if one was being built out west. He also noted if this were the case, the current Target Store at Gateway would shut down. Ms. Suss felt the City would be turning into an "asphalt jungle" and noted all the developments going up in this area would only increase traffic. Alice Warren, 1719 Wood Fern Drive, was looking forward to having a smaller version of Mizner Park at this site. If the City allowed the project, she felt the City owed its citizens some kind of aesthetics such as fountains, landscaping and colors. Rod Silverio, 10 Velaire Drive, reported the exit out of Wal-Mart onto Old Boynton Road is a right turn only, yet people continue to make left turns, making it a very dangerous situation. Only two weeks ago, there was a horrible accident at this site. Mr. Silverio requested that the City take a good look at the traffic flow in this area since a new Muvico would only add to the traffic situation. He requested the exit from Wal- Mart be changed. Jim Comparato stated they are also concerned about the traffic and have spent countless hours with the County and staff to come up with a suitable solution. They are cognizant of the traffic problems people have raised and are doing everything they can to mitigate the traffic concerns of the community. Since no one else wished to speak, Mayor Taylor closed the public hearing. Commissioner Ensler pointed out that originally this site was to be a SMU and in accordance with SMU zoning there are all types of provisions dealing with landscaping, walkways and fountains that would have made the project very nice looking. Because the SMU limits a building to 120,000 square feet, this was not acceptable to the applicant. By allowing the applicant to change the zoning to C-3, this eliminates all the requirements of the SMU. Commissioner Ensler asked the applicant how they could give the citizens a project they would be proud of, instead of a concrete block. Mr. Comparato responded that they submitted a plan as part of the SMU that included a site plan for the balance of the property. The site plan showed the elevations and they tried to match the two projects to compliment one another. They intend to keep the same kind of theme between the SMU pamel and the C-3 pamel. Mr. Comparato was willing to go on record to state they would keep with what they submitted for the site plan and the elevations as being part of the approval process. Commissioner Ensler has not seen the site plan. Mr. Comparato stated the plans called for mitigating the asphalt and to make the project aesthetically pleasing. Commissioner Ensler noted since this was not a site plan approval, was there anything that could be done to insure that any subsequent owner of the property would adhere to Mr. Comparator's site plan recommendations? Attorney Cherof stated it was difficult to attach conditions of rezoning that would actually apply to the site plan. It is possible during the discussions that led to this public hearing, 25 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida February 15, 2005 for the applicant and staff to work out some land use restrictions that would be recorded with the property. This would bind any future purchaser to these conditions. Attorney Cherof did not think the applicant and his attorney have engaged in these types of discussions with staff at this point. Therefore, the Commission would have to rely on representations made by the applicant publicly. Attorney Cherof did point out these kinds of representations could be difficult to enforce. Mr. Hudson noted that there is an additional condition that restricts the maximum square footage for local/retail/commercial to 250,000 square feet. Quintus Green Development Director, noted that the Commission had to make a decision on how the parcel gets rezoned. Staff's initial feeling was that the entire parcel should be SMU, which would require the applicable SMU standards. He noted the developer felt that 120,000 square feet was too restrictive for a "big box" and wanted to build something twice that size. This would be allowed under SMU if the building were two stories. However, the applicant was opposed to this. The developer was informed they could rezone to C-3 and have chosen to do so. Commissioner Ensler asked the applicant if they would meet the SMU standards for the project, except for the size of the building. Mr. Comparato would not commit to this and felt that the statement was too broad, since he was not familiar with all the SMU standards. Mr. Comparato did state that they would try to include amenities that would compliment the SMU zoning requirements. Vice Mayor Ferguson inquired if two detached buildings with the same name would be allowed and Mr. Greene stated this could be done. Motion Commissioner Ferguson moved to approve Proposed Ordinance 04-047. Motion seconded by Vice Mayor McCray. City Clerk Prainito called the roll and the motion carried 5-0. Proposed Ordinance No. 04-048 Re: Regarding the application of Klatt Family Limited Partnership 1 and Klatt Enterprises, Inc., amending Ordinance 02-013 of said City by rezoning a pamel of land more particularly described herein from R-l-AA Single-Family Residential to C-3 Community Commercial (Boynton Town Center) TABLED ON 01/18/05 Attorney Cherof read Proposed Ordinance No. 04-048 by title only. Mayor Taylor opened the public hearing. Since no one wished to speak, the public hearing was closed. 26 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida February15,2005 Motion Commissioner Ferguson moved to approve Proposed Ordinance No. 04-048. Motion seconded by Commissioner McKoy. Commissioner Ensler inquired if the motion had to contain the limitation of a 250,000 square foot building. Mr. Hudson responded this was included in the requirements of the previous Ordinance. Vote City Clerk Prainito called the roll. The motion carried 5-0. Proposed Ordinance No. 04-049 Re: Amending Policy 1.16.1 of the Future Land Use Element by adding a Mixed Use-Suburban (MX-S) land use category; providing for consistent zoning districts, allowed uses, density and intensity of development TABLED ON 01/18/05(Item moved up on agenda and heard prior to Item XII-A. 1.) Proposed Ordinance No. 04-058 Re: Approving the proposed amendment to the functional classification of roadways map in the support documents for the Transportation Element of the Comprehensive Plan (The streets involved are SE 4th Street between Boynton Beach Boulevard and SE 12th Avenue, and Martin Luther King, Jr. Boulevard between Federal Highway and Seacrest Boulevard TABLED ON 01/18/05 Attorney Cherof read Proposed Ordinance No. 04-058 by title only. Mayor Taylor opened the public hearing. Since no one wished to speak, the public hearing was closed. Motion Commissioner Ferguson moved to approve Proposed Ordinance No. 04-058. Motion seconded by Vice Mayor McCray. City Clerk Prainito called the roll and the motion carried 5-0. Proposed Ordinance No. 04-059 Re: Amending the Transportation Element of the Comprehensive Plan to establish a Transportation Concurrency Exception Area (TCEA) in a portion of the City's Community Redevelopment Area TABLED ON 01/18/05 Attorney Cherof read Proposed Ordinance No. 04-059 by title only. 27 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida February ~.5~ 2005 Mayor Taylor opened the public hearing. Since no one wished to speak, the public hearing was closed. Motion Vice Mayor McCray moved to approve Proposed Ordinance No.04-059. Motion seconded by Commissioner Ferguson. City Clerk Prainito called the roll and the motion carried 5-0. Proposed Ordinance No. 05-005 Re: Amending Chapter 26. Water, Sewers and City Utilities, Article VII, Section 26- 406 entitled "Capital Contributions", authorizing the transfer of real property to the City in lieu of capital contribution charges within the downtown stormwater improvement watershed TABLED ON 01/18/05- (Item remained tabled until March 1, 2005 Meeting) Proposed Ordinance No. 05-013 Re: Requesting a Development of Regional Impact Amendment (DRIA) to allow an increase in the maximum number of dwelling units permitted under the development order from 1,000 to 1,105 dwelling units Attorney Cherof read Proposed Ordinance No. 05-013 by title only. Attorney Cherof noted there were two corrections to the Ordinance. Page 2, the third Whereas Clause from the bottom of page, in the last line, reads, "proposed changes would not create additional regional impacts." An additional clause should be added to state "and as such, does not constitute a substantial deviation." Attorney Cherof recommended deleting comment #1 that would be changed from "included" to "rejected." Mayor Taylor opened the public hearing. Since no one wished to speak, the public hearing was closed. Motion Vice Mayor McCray moved to approve, as amended. Motion seconded by Commissioner Ensler. Commissioner Ferguson inquired if the applicant had any objections to these change. There was no objection. City Clerk Prainito called the roll and the motion carried 5-0. B. Ordinances - 1 st Reading Proposed Ordinance No. 05-014 Re: Request for amendments to the Land Development Regulations, Chapter 22. Streets and Sidewalks, related to street naming and renaming, construction of sidewalks, access to and work within public rights- 28 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida February 15, 2005 of-way, and providing for appeals, work requirements and surety (TABLED ON 02/01/05) Attorney Cherof read proposed Ordinance No. 05-014 by title only. Vice Mayor McCray noted that St. John Missionary Baptist Chumh wanted to do an honorary naming of a street near the chumh in memory of the R.M. Lee, but it would not change the actual street name. He inquired if this Ordinance would prohibit this request. Mr. Livergood responded an honorary street naming would be allowed. Motion Vice Mayor McCray moved to approve. Motion seconded by Commissioner McKoy. City Clerk Prainito called the roll and the motion carried 5-0. Proposed Ordinance No. 05-016 Re: Approving the exemption from provisions of Section 101.657, Florida Statutes related to early voting Attorney Cherof read proposed Ordinance No. 05-016 by title only. Motion Vice Mayor McCray moved to approve Proposed Ordinance No. 05-016. Motion seconded by Commissioner Ferguson. City Clerk Prainito called the roll and the motion carried 5-0. C. Resolutions: None D. Other: None XlII. UNFINISHED BUSINESS: None 29 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida February15, 2005 XlV. ADJOURNMENT: There being no further business, the meeting properly adjourned at 9:20 p.m. ATTEST: City Clerk Recording Secretary CITY OF BOYNTON BEACH Mayor Vice Mayor Commissioner Commissioner Commissioner (Februa~ 16,2005) 3O VI.-CONSENT AGENDA ITEM B.1. CITY OF BOYNTON BEACH AGENDA 1TEM REQUEST FORM Requested City Commission Meeting Dates [] December 7,2004 [] December 21,2004 [] January4,2005 [] January 18,2005 Date Final Form Must be Turned in to City Clerk's Office November 15, 2004 (Noon.) December 6, 2004 (Noon) December 20, 2004 (Noon) January 3, 2005 (Noon) Requested City Commission Meeting Dates [] February 1,2005 [] February 15,2005 [] March 1,2005 [] March 15,2005 Date Final Form Must be Turned in to City Clerk's Office January 17, 2005 (Noon) January 31, 2005 (Noon) February 14, 2005 (Noon) February 28, 2005 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: A motion to approve a piggy-back with Broward County on Bid 02-275-B1; Emergency Installation and Repair Service for Water and Sewer to Jacksonc~d Construction Company of Pompano Beach, Florida in the amount of: $277,170.00. EXPLANATION. The Utility Department annually, through CIP Budget, rehabflltat~-old)xco existing can stations and converts them into submersible type hft stations. Three hft stationslfave been identified for rehablhtation. Lift 201 Harbor 202 Seacrest Vdlas and ~5 ' Leisureville. PROGRAM IMPACT: This project is to convert dry pit pumping stations to submersible pumping stations. FISCAL IMPACT: SWR081 401-5000-590-96.04 Expenditure: $277,170.00 A/['i~thnt to the Finance Director Procurement Services Department Name City Attorney / Flnah~e / Hun~n Resources S:\BULLETIN~FORMS~AGENDA ITEM REQUEST FORM.DOC C: Tony Lombardi Wastewater Collection Supervisor File UTILITIES MEMORANDUM Cf 05-12 TO: FROM: Mary Munme Asst. totheFinance Director Nem Gomez (~ Interim UtilityDirector DATE: January 25, 2005 SUBJECT: AGENDA ITEM/PIGGY-BACK BID Cf P-Y-02-275-BI EMERGENCY INSTALLATION AND REPAIR FOR WATER AND SEWER SYSTEMS. The Utilities Department is requesting to "piggy-back" the Broward County contract # P-Y-02-275-BI for sewer repairs. The bid has been awarded to W. Jackson & Sons Construction Company of Pompano Beach, Florida. The Utilities Department annually, through the CIP budget, rehabilitates old existing can stations and converts them into submersible type lift stations. Three lift stations have been identified for rehabilitation: Lift Stations, 201 Harbor Club, 202 Seacrest Villas and 605 Leisureville. Attached is the proposal identifying scope and cost of each of the three stations. Jackson and Sons Construction Company's proposal for the three lift station rehabilitations total $277,170.00. Funds are available in account # 401-5000- 590-96.04 SWR081 to convert dry pit pumping stations to submersible pumping stations. Please present this item at the next Commission meeting for approval. If you have any questions, please contact Tony Lombardi at extension 6421. NGAI Attachments Copy: Tony Lombardi Jim Hart Barb Conboy file \\Fs-util-admin\gomezns~memo 05-12 01-25-05 Munro wtrswrinstall_ng.doc January13, 2005 City ofBoynton Beach 124EastWoolbrightRoad Boynton Beach, FI33425 Attn: Re: Mr. Tony Lombardi Lilt Station Rehabilitations Dear Mr. Lombardi: Please consider this letter as our offer to reconstruct lilt stations for the City of Boynton Beach through our Broward County Contract No P-Y-02-275-B1. We appreciate the opportunity to do business with your and if you require anything further, please do not hesitate to call. Sincerely, Kenneth R. Jackson KPO:bc W. ]ackson& Sons Construction Co. W. JACKSON & SONS CONSTRUCTION CO. 1888 N.W. 21st Street. Pompano Beach. Florida 33069 · Browar~ (954)973-3060 / 24 Hour Emergency (954) 973-3405 / Fax I954) 960-1679 3anuary 6, 2005 City of Boynton Beach :[24 East Woolbright Road Boynton Beach, FI 33425 Attn: Mr. Tony Lombardi Re: Lift Station Rehabilitations Dear Mr. Lombardi: BOYNTON BEACH UTILiTiES Thank you for the opportunity to quote you under the Broward County Contract for installation and repair of sanitary sewer systems (Bid # PY 02 275 B1). The following are descriptions of our proposed work: Uft Station 201 (Harbor Club): Convert existing wet-well to submersible, demolish can. $ 58,230.00 Lift Station 202 (]ntracoastal Area) Install new wet-well, convert old wet-well to manhole, demolish can. $125,230.00 Lift Station 605 (Leisureville): Remove existing 36" square chimney approximately 10' below grade, extend wet-well to standard surface height and demolish can. $ 93,710.00 Please note the following: t. Piping, valving and pump equipment packages Fumishedby City. 2. Pre-cast concrete items and Bitumasfic coaUngs Furnished by Contractor. 3. 1~70°~ e/ectrica/Znc/uded. FP&L fees paid by City. Service lengths to be 50' maximum. 4. Asphalt, sod, fencing and landscaping NotInc/uded. 5. Prices subject to review of surveys on stations with new wet-wells. Please let us know if we can provide you with anything further and we will forward you a current certificate of insurance as soon as we have it in hand. Sincerely, Kenneth R. Jackson ~J KPO:bc W. Jackson & Sons Construction Co. W. JACKSON & SONS CONSTRUCTION CO. 1888 N.W. 21 st Street, Pompano Beach, Florida 33069 · Broward (954) 973-3060 / 24 Hour Emergency (954) 973-3405 / Fax (954) 960-1679 82/03/2885 ].4;57 5617426299 CITY 12F BO'/~TON BCH PAGE @2 © 0 62"aZ'~'Of15 !~": 57 5SL 742629'a ,Z:[T~t OF BOt~,rro~ 8CH F'~GE O~ Z CJ m ~2/~3/2005 The ~, of Bol[nton Beach OF~I~ OF THE L~l~ff~$ DZO. F. O70t~ I~4 E, W~b~g~ Road '3-_T'v OF BOYNTOq BCH PAGE FACSIMILE FROM: 'F ~ ' TO: Total ~ of Page. , Phone Number: Phone Number: Arnerica',~ Gateway to the iTluif..,~r~:am JAN-07-~005 1G: ~ ~.0~/0~ ......... g ~/~ ~,..C_0,q~, CERTIFICATE OF'LIABILITY INSURANCE '., ONLY ~ND GO~FE~ ~ ~ UP~ ~ G~ATE 12500 ~ ~0~ ~0~ [ ~T~R~G~E~DBY~E'~C~SBEL~ _. J p~ano h~ch F~ 33069 · ~_~ ~ --~ .- ' ..... I. _ _ = .= I~ ~ ' HOLDER _ GAN~rL-i_ZTk~4" "' ~Con Bo~ch F~ 33425 J ~A~ ~ . TOTRL P. ~ JAN-O?-2005 14:25 · ~,~,. P.02 B A,,RD FAX DAT~: February 2, 2004 TO: )Vfr. Thomas A. Jackson, Secretary Treasurer, W. Jackson & Sans Conswuction Co. 954 960..1679 Rick Andrews Contract Renewal, P-Y-02-27S-BZ, Emergency Znslallation and Repair Service for Water Sewer NU3~]gR OF PAGES (including cover page): Mr. Jackson, 3 ICndosed is our accepUmee of your .,contract renewal offer. Ou, r acceptance is contingent upon W. Jackson & Sore Con~.truction Co. supplying a valid msurlnce cert/ficasm with the amounts, coverages and provismn~ of enclosed sample insurance certificar~ Please fax the ituurance cet~ifitage to my attention at 954 357-$527, COUNTY Pun3hasing Division 115 S. Andrews Avenue, Room 212 Fo~t LauderdaJe, FL 33301 ('954) 357-6065 · FAX (954) 357-.85~ February 2, 2004 W. Jackson & Sons Constn~ction Co. 1888 NW 21'* Street Pompano Beach, FL 33069 Reference; Bid No. P-Y-02-275.B1, Emergen~ Installation end Repair Service for Water & Sewer Systems Af:tention; Mr. Thomas A. Jackson, Secretary/Treasurer Dear Mr. Jackson: We hereby accept your written offer to renew the above referenced contract. This renewal is subject to all terms/conditions contained in the original contract, ~ of a va/idin,tumnce c. erfl~,~ J3er th.e ~,~ of the cc~,&~..c~. This contract renewal is in effect for the period beginning May 6, 2004 through May 5, 2005. A copy of this notice', is being forwarded to the appropriate User(s). Purchase Order(s) will be placed as and when required. Thank you for your interest in doing business With Broward County. Sincerely, By: ~ Rick Ahdrews, CPPB Purchasing Agent II Construction Specialist Cc: Sally Pompey, Office of Environmental Systems BROWJIRD CC)0NTy EIOARD OF ~ OL/NTY COM~ON~ ~._~ CHM EJ~rT "K' EI~D #~ wpp.p~./1-Zg~2 'P~ P'C HASlNG '.UlVIS[O N BOARD OF COUNTY COMMISSIONERS BROWARD COUNTY, FLORIDA P. 05 BID#~ ADDENDI~M #1 EMERGENCY INSTALLATION/REP IR SERVICE WATER/SEWER SYSTEMS DATE OF ADDENDUM: JAN.UARY22 2003 TO ALL PROSPECTIVE BIDDERS: PLEASE NOTE THE FOLLOWING CHANGES THAT HAVE OCCURRED: 1. Bid opening date is extended till February 4, 2003, at 2:00 PM. 2. Page 8 of 49, paragraph 16 (a), delete the following "The three (3) apparent Iow bidders will be required to submit the below specified reports",, Ifa Dunn & Bradstreet report is required it will be required from the apparent ~ow bidder only. 3, Bid sheet page 21 of 49 has been revised and MUST be returned With your bid. There has been a ~lne item added into the bid sheet for the "Pass Through" Item listed on page 26. (This p~ge h~e also been included as information) 4. Pages 34 -37, Dunn & Bradstreet Report have been revised and are attached. This Addendum (SHOULD) your Invitation for Bid. be acknowledged on the Bid Tender Form and/or Returned with All other terms, conditions and specifications remain unchanged for Bid # P-Y-02-275-B1. ~PB'~I ~2002 AP II {31O122/P A01-200 3 1/22J03 ' ,~'~ SUBMIT BID TO: -'~'.'*~"".' Broward County Purchasing Dl,,ialon ?.. /, 115 S. Andrew~ Avenue, Room 212 ~"~ Fo~ Lauder~a~e, Flodda 33301-1801 (954) 357-6065/66 P. BOARD' OF COUNT~ COMMISSIONERS BROwARD COUN,.Ty, FLORIDA INVITATION FOR BID B,!dder Acknowledgment ,'-- GENERAL. CONDITIONS -- · THESE INSTRUCTIONS ARE ST~,NDARD FOR ALL CONTRACTS FOR COMMODITIES/SERVICES ISSUED BY THE BOARD OP' COUNTY COMMISSIONERS. THE BOARD OF COUNTY COMMISSIONERs MAY DELETE, SUPERSEDE OR MODIFY ANY OF THESE STANDARD INSTRUCTIONS FOR A PARTICULAR ¢©NTRACT BY INDICATING SUCH CHANGE IN THE .SPECIAL INBTRUCTIONS "rD BIDDERS OR IN THE BID SHEETS. BY ACCEPTANCE OF A ' PURCHABE ORDER ISSUED BY THE COUNTY, BIDDER AGREES THAT THE PROVI~IONS iNCLUDED WITHIN THIS . INVITATION FOR BID SHALL PREVAIL OVER ANY CONFLICTING PROVISION WITHIN ANY STANDARD FORM CONTRACT OF THE BIDDER REGARDLESS OF ANY LANGUAGE IN' 51DOER'S CONTRACT TO THE CONTRARY. SF. ALED BIDS; This farm must be executed and submit. lad With all bid sheets In a sealed envelope. (DO NOT INCLUDE MORE THAN ONE BID PER ENVELOPE). The face of the envelope shall contain th · ab~,e address, He dale and Ihs ~ms of bid opening, and bid number, aids nat eubmlttsd oh atl~ched bid form may* be rejected. Ail bid~ em subjected to the conditions specified heroin. Those which do nol comp¥ with lhese conditions are subject to rejection. 1. EXECU?[ON OFBID; Bid mustccntaln an oHginalsij;na- lure of a n individual authorized to bind ~e bldd ar. Bid musI be ~p~ or ~o~d in In~.~l ~ns made by bidder to his bid must aI~ be i~ifialled. The bidde~s name shoed als~ appear on aech ~ of the bid she/if required_ Bids w~l nat be ~ted from ~s In a~ears ~ the Board of ~un~ Co~i~ion~ upo~ d~t or ~ nor from a d~auller u~n obiiga~on~ ID ~e BoardofCoun~Commis. FIoners. Bidder ~lfies ~ s/~nJng ~e ~d that ~o prind- p~ls or ~m offi~re of ~a ~ were ~ncIDals or co~omta officem in any ~erfi~ whi~ ~y have been suspended or debaffed from doing business with Bmward bid do.me,ts. 2. NO BID'. if not submitting a bld, respond by rsIurnlng this Bidder Acimowlsdgemeifi form, marking it "NO BID", ne tater then the~tarad bldopentng date and hour, and explain the reason In tile space provided, Failure to respond without Justification may be Cause for removal of the bidder's name horn the bid maltirlg list ~OTE: To quali~ ees respondent, b drier must submit a NO BID." 3. BID WITHDRAWAL; Nc bidder may w~thdraw hie bid before the expiration ofninely (gO) calendar days from the date of bid opening unless vender so no[es ~n the bid. 4, BID OPENING: ,~hail be publle, on date, IDeation end t~me specified on the b~d form. The of'fl~iaJ I~me Is the lima clock located in the Purchasing OB,'leien reception arsa an~ will be accepted by all parIIes wfthou~ r~servatian. It is the bidder's responsiblll~ to assure that his bid la delivered on date, location e~d time specified on the bid form. Bids, which for any reason ara no~ so delivered, will ncr be considered. Bid I'lles and any' bide aftra~ they are opened may be examln ad duff nb nurmal w~rtdng hours by a ppoi~ I. ment. Bid tabuJatio~e are available for inspection upon request. BIDS IMI. L ti OI:~NEC a B~D TITLE EUERG. ~NSTALUREPAIR SVC, W~,TjPJSEW!R ~,uec~^a~ ~.~c' ARNE ADLER CA~ O rSc, o U,'~T ?ELEPH~ PERSON r~..~o~-=~ ~., 3/;~1 Page '~ of 4 ~07~005 1~:~6 ~07 5. ADDENDA TO laiD: Brewerd County resetv~ the right to emend thfs Bid pd~ to the laid opening date thdicated. Only wrRten addenda wlllbe bhding, lf, upon review, materialerrem in specilGatlens are f~und, contact the P~Jrchas~ng DIv~slon Immediately, error to Bid openthg fiats, to allow for review and subee~,~nt dar~catien on the part of Broward County, 6, PRICES, TERMS & PAYMENTS: Fir~l prJcse shall be bid andin~ubeallhandllng, Setup,shlpplngandlnsidedelivery (a) The Bidder: in submitting this bid oerfifies that the which the same COmmodity(les) or saUce(s) is Said In (b) F-O-B. ~ as sPeCked in Special InsthJCtJons iD bidder. (c) Tis lalde: The award on t~e bids will be decided by the Director of the Purchasing Division in accordance with (d) TAXES: BreWard COUIr~/is exempt from Federal Exc~se prol:~ly. Exeml~on nunlbers appear0n purchase order. land use, or other similar taxe~ required by Core'actor Is responsible fc~r reviewing the pertinent State Statutes invoh'ing Ihe sale~ tax end eempyng requirements. · (e) DISCOUNTS: Bidders may offer a cash cL~count for prompt payment However. euch discounts will e~alua~on p~posas. B~ders should reflect any dis- MISTAKES: Bidders are cau[iormd to e.~amine all spec~fic~.tlons, drawings, deJh/sry instructions, unit errors and shall be oorrasted by ~he County. (g) ORDERING: The eoard of County Commissioners re- serves the ~ght to purohase cam medlUe~J/sen~ces sped. fed herein threL~h con Eacts establJslmcl byothergoVern. iS required, within a shorter period than the datively time COmply therewith, the Board o~' COunty Comn~issioners reserves the right to obtain suoh rielivery fTom others wfth~ur Density er prejL~dice to the COun[y or to the seller. FUND-OUT; The Steward COunty Beard of COunty Commissioners shah ba~le fnal authority as to avail- abilk'/of funds and h~w such avajlSbre funds ars to be allotted anti expended. In Ihs event funds for this pfOjecF (30) days prior v~i~ten notice to the contractor. NON PERl=ORMANCE: ~f, ln the opinion of the Boerd of County Commissioners, the Contractor fails to pet- form a~.er reasonable notice, or the Cor~tractor willfully or ~gbgsr~y does not com..ply with specJfcatio~s requirements, terms and cond t Jena of the Contract, the County reserves the fight to cancel the Contract by mear~ of wflEen nollficafio~3. (c) CANCELLATION FOR CONVENIENCE: The Ceunty reserves ~e right, at Its opUon, to ~¢el this coofrac~ for any or no cause, fOr County convenJe~loe, by giving thirty (30) days prior written notice to the vendor/ contractor, at the end of which lime this contract will automat~catty expire without the nec~.asity of any fur- ther action. In the event this conh~ct ts terminated for Convenience as provided In this section, the vendor/ contractor Will be J~ald for all materials, goods end sen. ices (as appllcal~e in such contre~) inclined prior Io the effective riam of termination, Additionally, the vendor/cont~ast~r may, at the reasonable. Pmfe~onel dlasi'stion of the Counb' Purchasing Drentor, be aL lowed dlre~ termthation sxpe~as and fixed 6et!Je- ment costs whloh have become firm prior to the date of the notice Of terminaUon. No payment w~ll be mede fOr lest or future proI]~e, Upor~ receipt of the n~tlce of terminaUon issued unrier this aecfiO~, the Ysnrior/cor~- tra ct0r~hall discontinue all w~ ~hhlp..me n L or ~ardag ,e of goods anal make avai sine to e ~ounty Purchaang 13 rector any and all rep0~ta, data, spe~icatiens, esffmatos, summaries, and Infer- mellon as are requ~reri by the contr~ect, CONDrFIDNSAND PACKAGING: Unler~ otherwieeatated in the epe~el instruafions to biriders or the bid sheets, or specft~nally ordered from an e~epted ptfoe list, deINeriee taus( conetat only of new end unused goods and shell be the curt'ant standards produc~0n medal available at ~he time of ~?_~. The ~e .o~m_u~b. eul!abty~g~o, ship,.ent othenviee packaged shall beet a/abe, mpfint, standl or [den~fylng Vender and pum'cha~a o~der number. ~SAF~6-1'Y STANDAJ~J~la: Untas~ ethan&isa s~pulated th the bid, ali rnanufactUmd ~e~n~ and fa~oated aSSemblies aha~ · y' standaf~s Ihe,'~un der. In Compliance w~th Chaptar d,42, F~edda Stal~es, any lo~ie eub~a~ce listed in Se~on 38F,41-0~ of the Flor/da Adml~ab'a~e Code beilv. ered from a contract resulting from t~is bid must be a¢compe- hied by a Matedal ~ Data Shem (/~DR~ a ~..~. ~.~un~y ~ls~ Management DivisiorL 115 $coth An- drews Avequs, Room 2t0, Fort Lasderdale, Florida 33301- 1/]03. The MSD$ mus~ InClude the following information, (a) The cham~cel name and the Comnlon name ofthe tox~e (b) The hazards or other rfsks In the u~e of the toxic substance,Including: 1. The potential for fire, eXl~oSfon, cormslvlly, and which are genem#y recognized as being aggra. $. The pfirna~ routes ef entry and Symptoms of over- Page 2 of 4 ~ages JAN-O?-2005 14:27 (¢) The properpreceufiOns, handling practices, neeesea~' personal protective equtprnerlL and other safely pre- cautions in the use of or eXpOsure tO the tOXiC ~ub- s:ancas, thcJudlng appropriate smergenoytrestmentin case cF overexposure, (d) TheemergenayproeedureforspilLs,'flre, dispo~si, and first aid, (s) A desm'iption in lay terms of the known S~eclfic poten- tial health risks posed by'the tax~c substance intended to alert any person reading this information. (r) The year end month, if available, that the information was comp~ed and the name, address, and amergeccy telegh.ooa number of the manufacturer responsible for prepenng the information, 10. MANUFACTURERS NAME AND APPROVED EQUIVA- LENT.q: Manufscluret's names,toads names, brandnamea, information and/or calalog numbers liSted in a spacer}cation are for [hformatlon end establishment Cf quality level sired and are not Inter,dad to limit competition unless other- wise specified In the bid. The bidder may offer any brand which meets Or exceeds the specifications for any item(a). Jfblds are based on ec~uivsient products, indicate on the bid form the manufacturer's name and catalng number, Bidder shall subma with his bid ooreptete desoripl/ve literature and/ crapes[float[oas. The ~Jdder sriouid also explain in data[line reason(s) why and submit proof that the proposed e~uiva- lent will msot the spec~fica§ons and not be considered an except[an thereto. Breward County Board of County missioners reserves the dght to be the Sole.fudge ofwhatis equal and aosagtable. Et[ds which do not comply with these requirements ara subject to rejection. If Bidder fails to name s substitute [t w~lJ be ~88 L~med that he is bidding on, end he wilt be required to furnish goods identical to bid standard. 11. INTERPRETATIONS: Any questlons concerning coed/. [ions and ebec;fications ofthls bid sh all be direCted fn wr~ng m the Purchasing Division a minimum of 24 hours prior to bid opening, No Interpolation(S) shall be considered bind- ing unless ~ovided to all Bidder~ in writing by the DireCtor ct [he Purchasing Division. 12, AWARDS:If a specific basis of award la not established Jn the spas[si thetruedons to bidders, the awardS, hall be to the responsible bidder With the lowest respanstve bid meeting the written SpecificatiOnS. As the best inter- est ofthe Board of County CommLs~iOnere may require the dght is reserved to make award(s) by iedlvldus commodi- ties/services, graup of corem edities/serv;oec, all or none or any oumbinaflon thereof, When a group is specified, aJI ITems within the group must be bid. A biclder dssirlng to bid 'No Charge' on er'~ item in S group must so indioale, otherwise the bid for the groug will be construed es incom- plete and may be rejeCted. However, if bidders do not bid tiered within a group, the County reserves the right to award on an/tom by item baals, When a grou;3 bid is indicated for p as, such bid may be rejected. The Purchasing Director, or the Board o1' County Commies[on. em, whichever ia applicable reserved the right to waive technicalities and Irrsguledties and to reject any Oral[ bids. 13. NON-CONFORMANCE TO CONTRACT CONDITIONS: The County meywi[hhold acceptance of, or reject anyltems which are found, upon exernlnstion, not ta meat the speci- fication requlrements, Upon wrJttan notification of rejection, /t~ma shall be removed within five (5) calendar days by the Vendor at his expense end redelivered at hie expense. RejeCted goods left longer than thirty ($0) days will be regard~ es abandoned and the Bcen:l shall have the right to dispose of them as tls own property. On foodstuffs and drugs, no written notice or rejection need be given. Upon verbal notice to do ac, the Vendor shalllmmediat~y remove end replace su~h rejected merchandise at his eXpense. Rejection for non-oonfon~anoe, failure to provide services conforming to specllicatiens, or failure to meet delivery' schedules may result In contractor being ~Ound In default. ~4. INSPEcTION,ACCEPTANCEANDTiTLE:inspecflonand acceptance will bs at destination. TILLS and risk of loss er damage to al Items'shat! be the responsibility of the eootreo. tor unit[ accepted by the County. 15, GOVERNMENTAL REBTRJCTION$: in the evanl any gev. emmental reskfcaone may be imposed which would nscae~k xale alteration Of ~he material c~uelib-, werle'nar~h;n manse of the items offered on Ueis ~id shall be the respc~'l~b~aty o/the successful bidder to rlofi~/the County et once, ledicat~n~ in his letter the specific regutafloo which mquirsd an alteration, The Boarc~ Of CourtLy Comn'~s- sioners reserves the dght to accept any inc~uo~ng any price a~us~lents occasioned thereby, or to cance~ the contract si tlc ~drther expense to the County 16. LEGAL REQUIREMIENT$: Appliceble provs one Of at[ Fed_ eraL Srai~e, Co~idnty and Io0al laws and,cf all erdinence, nj LSd and regulations nctuding the Prooureme~ Code of Broward Coun tysh at[ govern develolernent, aubm~si and evaluation of bids re=etved in ma~rocee hereto and shall govern any and ali claims sod dlsputae which may arise between person (e) eubmittfng a bid In response hereto and Breward County by sad through its officers, employees add euttm- ri.zed represenlet~ve, or any O~er person nsture] or other- w~se. Lack of knowledge by any bidder shall not constitute a recognizable defense egsirmt the legal effect thereof. 17, PATJ= NT$ AND ROYALTJ£$: The bidder, without excel.. lion, ahaa indemnify and save harmless the Caunty and e rn bioyees from Ifabitity of any nature or and expenses for or on e0¢ouot of any co~:5'rightari, pat- ented or unpetentad invention, process, O~ article maoufao- -y ~-a ~.,ounty. If the bidder uses any dss[ga, device, or mater~sia ouvemd by attars, patent or copyright, It is mutually agreed and understood Without excepfiso that the bid prices shall include all rays;ties or coat arising from the use of'such design. C~evica, or materials in anYway involved in the wOrk, ASSIGNMENT, SUBCONTRACT: Contractor shall not b'enSfer, convey, pledge, subsontract or assign the perfOr- ms noa raq u],'ad by ~[s bid without the p~ior written C~nseat of the Purohaefng DlrsOtar. Any Award issued pursuant to this bid thY[teflon and the monies Which may become due hereunder are not assignable, transfertebLs, or otherwise disposable exospt with the prfor whiten =onesnt of /ha Purchasing Director, 19. QUALIFICA'IION$ OF BIDDER la ds wfll be cons dersd on;y from i~rms norma ~7 engaged in pro.ding the Lypes of eoro- modi[tas/servP'es specified herein. The ~Jrchasing Director or ,the Board Of County Commies ~ers, reserves [he right to Inspent the fecil/tJes, equ~pmeot, personnel and oegae~zetJon or to take erly other ad, on neseesery te detem'~ine agility to Page 3 of 4 ~age$ perform In eco~'ctance with specJfica~ons, terms and ~on~.The Pu~ DIr~or~ Boa~ ~ ~ ~U~ ~d r~emea ~e doh t0 mje~ ~ ~ ev~en~ ~ e~ ua~ Is d~in~ ~ In~ I~b~li~ to ~. The Pu~a~ng Dim~r o~ the B~ gt ~missi~ r~m~ ~to ~si~r a ~dd~$ h~ of ~U~S a~ ~da~ons ~ En~mnme~i r~u a~ ~infng ~po~lbll~. ~j~ shou/d ~b~ with h~ ~ and d~p~ ~e~f. Fa~ ~ a Eidder ~ S~ ~ I~a~on ~y ~ G~S ~ to~naflo~ of any ~n~ ~a~ed to eu~ul B~. Bbide~ s~ll ~ ~la~ly ~ no~ ~ any ~U~s ~ ~ola~ees ~i~ he m~y ~ a fief ~e Bid ~ P m~sal o~nlng da te and ~e time o~ pe~n~ under any ~n~t awa~ to him. 20. EQUALEMPLOYMENTOPPORTUNITY:NoCOntmctorshall ctisc~ndnate against any employee or app~cant for empioy- me~t because of ram, religion, ~olor, sex ~- Nagonal origin, or phys/cal ~- mental handioap if qualified. Contractor shall taka affim~a/Jve~actfon to ensure that aDpllgants are er~ployed, end thal employees are ~eathd during their smpJcyment without regard ~ their race, religion, color, sex 0e National ef~gin, or Dhysical ormsntal handicap. ~ L~q actions shallincJude, but not ~Pe I~mited ~ f~e f~low~ng: employrnanL upgrading, derno~on, or b'an~er, recruitment or maultment advertising, layoff or tan'Nnatien, rates of pay or ethel' forms of compewsa~on; and a election r~'trainlng,includlng apprenticeship, '~e Contractor eg~ee¢ to post in conspicuous placo~ available to employees and applk:anta for employmsnb notices saffing forth the provi- alerts oft. hie no n',d[sc, dmlnetion clause, The Contmotor further agnus thai: he/she wi~ ensure that Subcontractors. if any, v,411 be made aware of and will comply with th~s ~OnOiscrlm~nation clause. 21. NOTICE TO SELLER TO DELIVER: NO delivery shall vlded in the Contract_ ~Ugh ordsr wil~ contain the quantity, un~enfly required, the Seller may be g~ven telepllons notJge, 22. MOBIFICA33ONS: Att changes ta pu~hase orders aha~l be by fesuanca ufa change order, Any medificatJona orchanges to a ny contract entered in~o as e rosuR of'this bid must be by wdttan amendment with the Same formality and of equal dignity prior to the initiation of any such change. 23, RESOLVE PROTE,~'/'~D SOLICITATION8 AND PRO- POSED AWARDS: In accordance with the Br0ward County Proourement Code BeG. 21.1t8, relative to "Pre.-Lltiga t ion Protested ~Olic~tationa and Proposed Awards"; a, Right to Prate~t, Any actual or prospective bidder or offeror who is aggrieved in conrlection with the tinn or proposed ~ard cf a conbaat' whi=h Is $10D,000 °r ~lreater may protest t~'t he Director of Purchasing. l~he protest shall be BL, bmilted In writing within seven dar days after such aggrieved person kflow~ or sheu{d have known the fac~ g~vlng Hse b. ~nY a~al or PmsP~fl~ ~dder0r offetwhois ~griev~ m ~ne~ion ~th ~esolJdta~lon or p~ awa~ ~ntm~ ~l~h ts I~s than $~ 00,0D0 may pm~ ~ the Di~oP of Pur~asing. ~e protest S~I ~ sub~U~ wdOng ~in ~ ~ng da~ from the ~e~mme~e~on far awa~ i8 made b~ a Pur~eslng Agent ~ ~e Di~r ~ Pu~asthg. 24. PUBEC ENTI~ CRIMES A~ {n ac~rden~ Public Enti~ Cdmes Am, Section 287_ 1 ~, Florida a pemon or afflicts who b a ~n~otor, ~n~l~nt prO.der ~0 has b~n plao~ on Ihs ~nWct~ Veneer tollo~ng a mn~lon ut a Pubflc Enfl~ C~me m~ submit a bid on a ~n~a~ ~ pro~da any goods or to tbe ~on~, may n~ ~bmt~ a bid on a ~ Coun~ ~r ~e ~nstm~on or repair of a ~c bul~i~ publth ~, ~y not ~bmit bJ~ o~ ]~s~ of~l pm~e~ to Ihs C~n~, may not ~ a~rdad Or pedo~ w0~ ~h ~e Coun~[~ ~s oft~ ~reshol~ sm~nt $I~,000) pro~d~ in S~on 287.017, Flo~da S~l~, f~ categ~ ~o pur~as~ f~ a peH~ of 36 m~s ~m the date of ~ ple~ed on ~e ~nWd~ vend~ [~t VloJa~on o~ ~i5 se~on shall result in ~n~laOon of the Coun~ pur~ase a~d may resuE in deba~nL 25. RECYCL~ CON~T INFO~A~ON= ]e $up~ of ~ RoHda We~e Management Law, bi.ers am en~u ~ ~y~ mate~l ~nt~tln ~e p~du~s bid. ~e ~u~ pa~l~riy inl~ested in the ~pe ~ re~ ma~Hal (su~ as paper, plasa¢, g~, metal, ag,); and tbs . age ~ re~l~ material ~n~ln~ in ~e P~uct. m t~ p~u~ ~m may ~ed end ~C~ed a~r ~e pr~u~ h~ se~ 26. PURCHASE BY O~ER ~VERNMENT~ AGENCIEs; Ea~ Gov~menral unit ~i~ avails its~f of ~is own puP~ase ord., be Invoiced ~r~om a~ make own ~en~ and issue ~ ~n ~emptlon ~ficetes as r~uirad by~e biddy. It is u~der~od and agm~ ~at Bmwa~ C~ is not a ~egal{y binding pa~ to any ~nba~al agreement ~de be~en any g~r~e~l un~ and ~e bldd~ ~ · m~ult th~ bid_ ~e enUm ~apter of the Bm~rd Coun~ Procreant C~e d~cn~i~ the a~rom~on~ ~bj~ m~ ~n be fl~ ~e Pur~ng Di~slan s Se~ by ~lling (9~) 6071. Y~ may ~an~dOWnload~e Pr~ment ~de No[i~ ~r Bids, Requests for Quo~n, Requ~t ~ ~am of Interest, e~ctum of ~e Pu~asthg DM~Dn, ~lephone ~o~, How ~ d~ Buslnees ~ Br~a~ Cou~ an~Ven~r Page 4 of 4 Pages · ~'REvIoI. tS CONTRACT (Continued) TO: ,EMERGENCY INSTA~ LATION AND REPAIR SERVJCr' FOR WATER AND SEWER SYSTEM-~ BOARD OF COUNTY COMMISSIONERS BROWARD COUNTY, FLORIDA P.~.O BID #~ PLEASE FILL IN ALL BLANKS AND RETURN BID SHEETS. BA~IS OF AWARD: Award wilJ be made to the responsive and responsib)e bidder offering the lowest grand total bid amount, Bidders must bid on all items to be considered for Award. The location of the base of operations within the proximity of Broward County which Will serve this CONTRACT, is as follow~: Telephone Number: ~c' ~/q ~.~ ....~ (Must be ~6le to make contact 24 hours a daY, 7 days a Bidder should state in space provided a telephone number that can be contacted and which will be answered 24 hours a day, seven days a week to order services, w/th the bid, however must provide pdor to award. THE UNDERSI(~NED AGREES TO SUBMIT UPON REQUEST A LIST OF REFERENCES, CURRENT/PAST CONTRACTS, CURRENT MAJOR EQUIPMENT AND PERSONNEL AVAILABLE FOR WORK IN BROWARD COUNTY. Acknowledgment Js hereby made of the following Addenda or Amendments (identified by number) received since issuance of this bid: In accordance With your *invitation for Bid", the General Conditions, Special Instructions to Bidders, and Attachment 'A" for Emergency Installation and Repair Service/or Water and Sewer systems, attached hereto and a part hereof, the undersigned offers the following:, WPP-PBI I-~O02 PA6E 1~ OF4~ JAN-O?-~005 1~: ~ p.RI=VIOU$ CONTRACT#~ ElD SHEET (Continued) P.11 EMERGENCY INSTALLATIONAND REPNR SERVICe , FOR WATER.AND SEWER SYST;M~ iNTENT These items are established for the purpose of providing a method for the CONTRACTOR to do work on emergency repair or replacement projects or in cases when other items of this Contract do not fit or are not applicable to the requirements. All work shall be completed in aCCOrdance with the current Broward County Office of Environmental Services Minimum Design and Construction Standards or latest revision thereto, Available at Customer Service, 2555 West Copans Road, Pompano Beach, FL 33069, (954) 831-0731. HOURLY LABOR The CONTRAC'J'OR shall not start work on any project requiring payment on the basis of items contained until specifically authorized by the CONTRACT ADMINtSTRATOR or written designee. The CONTRACTOR shall not request payment for overtime. However, this is not to be construed as prohibiting the CONTRACTOR, if doing work covered under this Section, from doing work during overtime periods for reasons of his own which he will be compensated on the basis of regular time rates as bid herein. · The CONTRACTOR shall keep the CONTRACT ADMINISTRATOR informed of all time periods his cre~vs or workmen work on a project ordered under these Items. For any work covered under these items, the CONTRACTOR shall maintain joint records with the CONTRACT ADMINISTRATOR showing identification of job, purchase order numbers, names of workmen, their classification and itemized rates or allowed hourly pay (unit prices), periods of work and any other pe~nent information necessary. The CONTRACTOR'S Superintendent will not be paid for under this Group unless he personally acts as foreman on the job. The "Cost Per Hour' will be the total amount psid by the COUNTY, the amount bid will include fringes, Note: The minimum crew that must respond immediately shall consist of, one (1) foreman, one (1) pipe layer and one (1) laborer, WI~P-PB11.2002 PREVIOU~} CONTRACT #N-7~O~,l E2-B1 P, 12 BID #~ BID SHEET (Continued) EMERG...ENCY fi~STALLATION A~lp REPAIR SERVICE FOR WATERAI~ID SEWER $)'_STEMS rrEMS 4 THROU_G.H 23 INTE,NT These Items are established for the purpose of providing a method for the CONTRACTOR to do work on emergency repair or replacement projects. EQUIPMEN.T. EQU, IBMENT USE The CONTRACTOR shall not start work on any project requiring payments on the basis of items contained in this Section until specifically authorized by the CONTRACT ADMINISTRATOR. SAF. ETYAND HEALTH REGULA~I..ONS The CONTRACTOR shall comply with the Department of Labor Safety and Health Regulations for Construction ' Promulgated under the Occupational Safety and Health Act of 1970 (PL-91-596) and under Section 107 of the Contract Work Hours and Safety Standards Act (PL 91-54), or latest.revision thereto. The CONTRACTOR shall maintain all equipment in safe and good working order. Compensation will not b~ allowed for "Downtime' of equipment due to breakage, repairs, accidents, etc, Whenever any piece of construction equipment has completed its function on the job, it shall be immediately removed from the job-site and returned to the CONTRACTOR'S yard and time-on-job terminated except that the CONTRACTOR may elect to terminate equipment time without returning equipment to the yard. RUNNING TIME That period Of time the equipment is actually used for productive activity on job site. This includes time the macl~ine is running while waiting to continue excavation as in the case of hand digging to locate an exL~ing utility in the excavation. Based on number of hours running time, at job site, as previously defined. The CONTRACTOR shall keep the CONTRACT ADMINISTRATOR informed of all time per~ods his equipment works on a project ordered under these Items. For any work covered under this Group, the CONTRACTOR shall maintain joint records with the CONTRACT ADMINISTRATOR showing identification of job, purchase order numbers, types of equipment, etc., costs per hour, periods of usage and any other pedinent information necessary. Note: The minimum equipment that must respona immediately shall consist of, one (1) excavator backhoe, one (1) wheel loader, one hydraulic pump with discharge hose, one (1) ~ ton pickup truck and one (1) vacuum truck. N_.0..tQ: Bidder should bid on all items whether or not bidder possesses or owns equipment. The prices bid shall apply in all Instances when equipment is used under the "Scope" of this section. (' WPP,PBll-2OO2 back'filled under any Item or as a separate means to directly restore surfaces after ut/lib/excavation by others has been completed, or as otherwise dJrected by the CONTRACT ADMINISTRATOR, The CONTRACTOR shall furnish al/labor, plant, tools, equipment and material required to propedy restore surfaces as directed by the CONTRACT ADMINISTRATOR, All road and bridge construction pavement restoration shall be made according to City, COUNTY (reference page 16 of 53), Florida Department of Transportation specifications, (Standard Specifications for Road and Bridge Construction) where applicable. Restoration of sod surface, top soil and. pea ro.c. lc surface shall be made so that all surfaces are taft n as good a condition as foun , determined by me CONTRACT ADMINISTRATOR. Temporary patching shall be installed at Iocafiod~sas designated by the CONTRACT ADMINISTRATOR to maintain safe traffic conditions. METHOD QE MEASUREMEN~ The number of tons or square or cubic yards, as directed by the CONTRACT ADMINISTRATOR. J~,~SIS OF PAYMF~N~T Tons or square or cubic yards of materi~.l instalted or used. GROUP 1 (ITEMS 1 THRU 38) THE ESTIMATED ANNUAL. DOLLAR PURCHASES OF EMERGENCY INSTALLATION AND REPAJR SERVICES IS $140,000.00. Note: Items 24-37 are to include any labor to operate the equipment or place the materials. 913 99 001 0000 ITEM ESTIMATE NUM._~BER QUANTITY DESCRIPTION & COMMODITY CODE (TYPE OF LABOR_) 1. 450 hours Foreman g13 9g 001 0010 2. 900 hours Pipe Layer 913 99 001 O020 3. 1,300 hours UNIT TOTAL PRICE PRICE $ $ Laborer 913 g9 001 0030 ~HOR~D 8'GNA~R~ ~~ _ wpp.pel 1-2002 1/8/03 P~ 111o~ 49 ~ PREVIOUS CONTRACT #~ ITEM ESTIMATE NUMBER QUANTITY 4. 375 hours 400 hours '9. 40 houm 40houm 90houm 90houm (Continued) EMER,GENCY INSTALLATION AND REPAIR ., PR W~.T~=~ AND 9EWER SY~I'EM~ EQUIPMENT 913 99 002 0000 ITEMS' 4 'i~HROUGH DESCRIPTION & COMMODITY CODE (TYPE OF LA~O~ Excavator~ackhoe CAT 225 or Equal, Minimum 913 99 002 0010 BID #~ UNIT To'rAJ. Wheel Loader $ //~ ~.~ CAT 926 or Equal, Minimum 913 99 002 0020 Backhoe Loader Comb/nation CAT 416 or Equal, Minimum 913 99 O02 0030 BulldOzer CAT D-3 or Equal, Minimum 913 99 002 0040 Double Drum Compactor Wacker W 74 or Equal, Minimum 913 99 002 0050 Vibratory Plate Compactor Wacker VPR 1740 or Equal 913 99 002 0060 ,~LO~: Or equal, minimum means the CONTRACTOR may use a larger Piece Of equiPment, than unit sPec/fled, to be charged at cost Per hour of unit speoified. CONTRACT ITEM ESTIMATE NUMBER QUANTITY (Continued) EMERGENCY ~N~"'/'AL[.ATION AND REPAIR ' FO~ WATER AND SEWER SYSTEllZr'_ EQUIPMENT 913 99 002 0000 ITEMS 4 THROUGH (Contittued) DESCRIPTION & COMMODITY CODE ~rYP~ OF LAeOR) 10, 8 hours 11. 8 hours 12, 8 hours 13. 25 hours 14. 180 hours 15. 450 hours 16. 17, 8 houm 20 houm Vacuum Truck 913 99002 0070 TankerTruck 913 99OO20080 Generatorwith Mass Ughfing 913 99 002 009O Flat Bed Truck under 25,000 lbs, GV 913 990O2 0100 10--Yard Dump Truck 913 99 002 0110 /~ Ton Pickup Truck under 10,000 lbs. GVW 913 g9 002 0120 Television Inspection EquiPment 913 99 002 0130 100 C.F.M, Air Compressor with Hose and Hammer 913 99 002 0140 BID #~ UNIT TOTAL PRICE PRICE WPI~.p B11"2002 P, REVIOI~8 CONTRACT (O=nt~nued) EME[RGBNCY,INSTALLATION AND REPAIR SERVICF , FOR WATER AND SrIWERSYSTEMR EQUIPMENT 913 99 002 0000 ITEMS 4 THROUGH 23 (Continued) ITEM EST/MATE NUMBER QUAN:ii'I I' 18. 8 hours DESCRIPTION & COMMODITY CODE .(TYPE OF LABOR) UNIT PRICE TOTAL PRICE 3" Centrifugal Pump with $C)-foot discharge hose 913 99 OO2 0150 19, 70 hours 3" Diaphragm Pump with 50-f00t discharge hose 913 99OO2 0160 20, 40 hours 4" Hydraulic Pump with 400' discharge hose 913 99 002 0170 21. 80 hours 8 hours 800 hou~ 6" Hydraulic Pump with 400' discharge hose 913 99 002 0180 8" Hydraulic Pump with 400' discharge hose 913 gg 002 0190 Well Point Equipment up to 150 points complete including Pump and Jeffing EquiPment 913 99 002 0200 WIaP,PB11-2002 I/8/03 P.~E 19 o~' 4~ eRE~OUS C0H~Ac'r ~ ITEM ESTIMATE NUMBER QUANTITY 24. 25. 26. 27. 28, 50 cu yd. 100 sq yd. 850 sq y~. 100 sq yd. 100 sq yd. 100 sqyd. 100 sqyd, 1,110 sq yd. (Continued) , EOR WATER AND SEWER SYSTEM.~; RESTORATION 913 99 003 0000 ITEMS 24 THROUGH DESCRIP'r/ON & COMMODITY CODE Cr~PE OF LAeOR) TEMPORARY PATCH using cold asphardc mix 913 99 003 0010 l-INCH ASPHALTIC CONCRETE with &-inch lime rock base 913 99 003 0020 l-INCH AsPHALTiC CONCRETE with 164nch lime rock base 913 99 OO3 O03O 2*INCH ASPHALTIC CONCRETE w~h 12-inch lime rock base 913 99 003 O04O 2-INCH ASPHALTIC CONCRETE with 24-inch lime rock base 913 99 003 0050 Replacement of 4-INCH CONCRETE SIDEWALK 913 99 O03 0060 Replacement of 6-iNCH CONCRETE SIDEWALK 913 99 003 O07O 100 cuyd. ReplacementofSOD SURFACE 913 99 0030080 Replacement of TOP SOIL UNIT PRICE eio~ TOTAL PRICE ', pREVIOUS CONTRACT / ITEM ESTIMATE NUMBER QUANTITY 33. 50 cuyd. 34. 50 cu yd. 35. 10 ton 36 120 cu yd. 37, 100 cu yd. BID SHEET (Continued) EMERGENCY iNSTALLATION AND REPAIR FOR WATER A,ND SEW_ER SYSTEM~ / RESTORATION 913 99 003 0000 ,ITEMS 24 TH,ROUGH 3~ (Continued) DESCRIPTION & COMMODITY CODE " (TYPE OF LABOR) ,, Replacement of PEA ROCK SURFACE 913 99 003 0100 Replacement of STABILIZER ROCK SURFACE 913 990030110 ASPHALT SURFACE COURSE l-inch thick 913 99 003 0120 UNIT PRICE Drainage - ~ ROCK 913 99 003 0130 CONCRETE - 3,750 PSi 913 99 003 0140 38. Indemnification 39. P.1'7 January 22, 2003 ! TOTAL. [ 25,00 Parts on a "Pass Through" 913 99 004 0000 (See page 26 of 49 paragraph 6.2 & 6.3) GRAND TOTAL BID AMOUNT ,~ REVlSI~o PAG~I~ 21 OF 4~ CONTRACT ElD SHEET (Continued) P. 18 BID #~ _EMERGENCy INSTALLATION AND REPAIR SERVIC; , EOR WATER AND SEWER SYST~M~ In a~ordance with Paragraph 8.5 of "Special instructions to Bidder" indl being requested. Be epe~lflc end state rca~on; cate if an exception to Insurance requlrementa Is WOULD YOU ACCEPT CREDIT CARDS DO YOU QUALIFY FOR THE LOCAL PREFERENCE CLAUSE YEs Do You Qu uJFY FOR ~.E UNDERSIGNED BJDDER WI~ ~D ~E SAME PRICE, TERMs AND CONDmO~ TO O~ER IN SR~ARD COU~ DURINQ ~E PERIOD COVERED BY ~lS CO~CT. IF REQUIRED:' GO~RNM~s LOOA~ ~YE8 NO ACKNOW~DGME~ IS HEREBY M~E OF THE FO~OW N SINCE I~SUANCE OF ~lS BID: 1. Pl~ C~ck ~e F~e~l Employe~s identification Numar (FEIN and ' Invl~tlo~ ~r Bi~idd~ A~ow ~m..~ = ........ ) other I~r~fl= _ ... RRM. · ..... ~ ~ lu~, ~AYMENTS CANNOT BE MADE TO YOUR ' ~ BE SURE TO HAVE ~E INV~A~ON FO~ BID, [BIDD~ AC~OW~M~ FORM] SIGNED BY AN AUTHoRizED REP~ESENTA~E OF YOUR FIRM OR YOUR BID WILL NOT BE CONSIDERED R~PONS/VE. P w,ous CON ^CT (Continued) EMERGENCY INSTALLATION.AND REPAIR~ERVICF F~Ofl WATER AND SEWER SYSTEMR P. 19 BID #P-Y-02-275~B1 TRENCH SAFETY A THIS FORM MUST BE COMPLETED AND SUBMITTED WITH BID FOR BID TO BE DEEMED RESPONSIVE, On October 1, 1990 House Bill 3183, known as the Trench Safe~/ACt became law, This incorporates the Occupational Safety & Heal!h_ Administration (OSHA) revieed excavation safety standards, citation 29 CFR.S.1926.650, as Florida $ own standards. The Bidder, by virtue of his signature below, affirms that he is aware of this Act, and will comply with all applicable trench safety standards. Such assurance shall be legally binding on all persons employed bythe CONTRACTOR and his subcontractor. The Bidder is also obligated to identify his anticipated method and cost of compliance with the applicable bench safety standards. BIDDER ACKNOWLEDGES THAT iNCLUDED IN THE VARIOUS ITEMS OF THE PROPOSAL AND IN THE TOTAL BID PRICE ARE COSTS FOR COMPLYING WITH THE FLORIDA TRENCH SAFETY ACT. THESE ITEMS ARE A BREAKOUT OF THE RESPECTIVE ITEMS INVOLVING TRENCHING AND WiLL NOT BE PAID SEPARATELY. THEYARE NOT TO BE CONFUSED WITH BID ITEMS IN THE SCHEDULE OF PRICES, NOR BE CONSIDERED ADDITIONAL WORK. The bidder further identified the costs and methods summarized below: Description Unit Quantity Unit Extended Method Price Price WPP.PI~I 1-2002 P. 20 W. JACKSON & SON8 CONSTRUCTION CO. 1868 N,W, 21st ~treet POMPANO BE. ACH, FLORIDA 33059 (954) 9 ~'3,.3060 VIA COURIER TO: ~NN POTTER WE ARE SENDING YOU LETTER OF TRAN~M'rTTAL _Prlr~ ~Pfen~ ~ample~ ~Spedff~at~n~ RANCE THESE ARE TRANSMITTED as che~ksd below; _FOR '~tDS DUE _PRINT~ RETURNED AFTER LOAN TO U8 SIGNED: THOMAS JACK,SON ~ ~ ',. ~t~ ~. p~, ' . ' · .' ':",,:'~h ' '{" ' ., u)for~e ~ ~U~,In~e~m " ~ CONDmON OF ~ ~ND Is ~at ~ ~e CO~OR ~~en ~e CONT ., . Pmm~y ~ -' ~ ~1[ :l~ma~, as define , - d I~ , ' ,L' pm.aedln , ~ and a n ,,, 4J , .... ~ and~e ~e ~ II ma~is fUm~h~ under ~e ~n~ ~r ~e ~me apa~ ;n k: ~' h ' ," ', ~n~ an un,er ~e ~ D - ,:~,, ~ ;,'~i~ ...... ' ..... *'~~. ' ~ .... "=~'~ ~'~ ~o~ ~ h', ha ~mrea ~ COU~ ~ be In , ~~ob · , ~ ~ ~ ; ~e ~m ~ ~s ~d ~nd~Jo~; or . ~oh ~dd. -*~,~~'q~ ~ ~ m~. ~, .--~.~L~, u~n d~,~n ,, , , ~a m~ a~fl~/e ~j.~ , r,~ ~ b~an ~.'~ .~ . , :-:~ . , ,~. ,,. ,,., : L (Name I~)t ~OOa , . , ~'0' d 6Z, gTO~ 6191 Oran e ~.D~ia, r~Orlda 33314 POWER OF ATTORNEY Seaboavfl Sure.o/Company United gtata~ Fidelity anti Guaranty Comply St. Paul ~re nod Marina Insurance Company Fidelity and G~aran~ lnsa~nce Company Sr. Paul Guardian lnsu~nce Company Fidelity and St. Paul blercury l~uran:~ Company row~r of Attorney NO. 20007 '140 9_48 ICNOW ALL M~N BY TH~SE PRESENTS: That Seaboard $u~ Company is a Corporation duly or~iz:d ~der ehe laws of A~ur ~ Br~ eeeee On this ___l:$t ._ day of Decel!)ber ]--.~L~, b~fore mo, O~e undersigned officer, personally appeared Pexcr 1Ri Carman and I~ Wimess Wheroof, I hereunlo set my hamt and official seal My Commission expires the 1st d~y of July. lOOt;. Rev. 7-2002 Printed in U,S.A, '.J,K. INSTTR2&NC~ INC. 2500 NORI~ ~0WERLZN~ ROAD ~ONiOAN0 ~EA~ FL 33069 ~one~ 954-979-585~; ~'a~sg$4-979-6758 W Jackson & Sons ConB=ruc2ion 188~ ~ 21st Steer ~o~ano B~ac~ FL 33069 THIS CERTIFI~ ONLY AND CONFERS NO ~5 UPOH THE CERTIF~ATE HO~ER, ~ CERTIFICATE ~E~ NOT ~END, ~D OR . ~TER THE COVE~GE ~FO~ED BYTHE POLIC E8 IN~URERS AFFORDING CO~GE ~N~RO: ~ON ~TZON~ .C. ontrao =ual C'~0930829000 ~A~9308297 A1~9302146~00 12/31/02 12/31/03 12/31 COiVI~rNEb SWGLE LrMff 3-2/31/03 (E~ .~d~l) BODILY I/~/URY AUTO ONLY. EA A~O J~¥T 12/31/03 AGS~ o7/o[/o2 O?/ol/o~ 000000 00000 000 ~00000 1000000 0,000 000 ~DZTZON3uL ZN6~R~D E~OWAP~ O0UNTY-BOA~D 0~ C0~/qTy COMMZSsZO/~ERS, ~EOWARD ~0~NTy PLORZDA DEDUCTIBLE $1,000 (~ZD #~Y02275~1 / EM~aGENCy INSTALLATION ~;D ~AZR ~RVZOE ~0~ NAT~ ;t~SEWE~ SYST~S 11S S-ANDP~WS AV,ANNEXRMA460 ~T .T.~I~DEgD,3j~ PL 33301 :RTIFICATE HOLDER CANCELLATION ~ROW- $5 ..... ~O~.A~,.D CD~v~]T~r~O,A~~ O~ ~0~ P. 25 IMPORTANT If the certificate holcler is an ADDITIONAL INSURED, the pelicy(ies) must be endoreed. A statement on this csrtifioata does net oonfer riQhts to the certificate holder in lieu of such endorsement(s). If $~IBROGATION I$ WAIVED, subject to the terms snd conditions of the policy, cartaln policies may requpe an endorsement. A statement on this certificate does not confer dights to the cartificsta holder in lieu of Suoh endorsement(s), DISCLAIMER The Certificate of Insurance on the reverse side of this form doe~ not constitute a ~ontract between the issuing insurer(s), authorized representative or producer, and the eertificate holder, nor does It affirn~a~¥ely or negatively amend, eXtend or alter the ¢oYer~Qe afforded by the policie~ listed thereon. TOTAL P.25 CZTY OF BOYNTON BEACH AGENDA TTEM COVER SHEET AND CHECKLIST This completed cover sheet m~t accompany all agenda item requests. Please place check marks in the boxes as indicated. Initiating department must prepare Agenda Item Request Form. Submit original agenda request (with back up) and one ¢onv of aoenda reouest Cwith back uD~ to the City Clerk's office. Items must be submitted by the deadlines indicated below. Zncomplete or late items will be returned to originating department, Requested City Deadline for Submittal to City P & D/CRA Requests Deadline Commission Meeting Clerk's Office Dates [] December 7, 2004 (noon) November 15, 2004 December 1, 2004 (3:00 p.m.) - P & D [] December 21, 2004 (noon) December 6, 2004 December 15r 2004 (3:00 p.m.) CRA [] lanuary 4, 2005 (noon) December 20, 2004 December 29, 2004 (3:00 p.m.) - P & D [] lanuary 18, 2005 (noon) January 3, 2005 January 12, 2005 (3:00 p.m.) - CRA [] February 1, 2005 (noon) January 17, 2005 ]anuary 26, 2005(3:00 p.m ) - P & D [] February 15, 2005 (noon) January 31, 2005 February 9, 2005 (3:00 p.m.) - CRA [] March 1, 2005 (noon) February14, 2005 February 23, 2005 (3:00 p.m.) - P & D [] March 15, 2005 (noon) February 28, 2005 March 9, 2005 (3:00 p.m.) CRA Departments are responsible for securing the following signatures on attached Agenda Request Form: Department Head [] Wilfred Hawkins (for departments under Administrative Services) [] Finance Department (for items that involve expenditure of funds) [] All back up material is attached [] All exhibits are attached & marked (e.g., Exhibit "A") [] Department Head's initials: Please do not write in the shaded area below. Legal Department signature [] ITEM RETURNED FOR THE FOLLOWING REASON(S): Signature(s) missing [] Incomplete submittal [] Missed deadline [] Other [] Reason: City Manager's signature Person contacted to pick up rejected request by bg - 7/19/02 S:\Procurement Srvs\WP~AGENDA\Agenda Item Cover Sheet Checklist Dec 7 - March 15, 2005.doc on (Date) VI.-CONSENT AGENDA ITEM B.2. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested CiW Commission Meeting Dates [] December 7, 2004 [] December 21, 2004 [] January4, 2005 [] January 18, 2005 Date Final Form Must be Turned in to Ciw Cl~rk's Office November 15, 2004 (Noon.) December 6, 2004 (Noon) December 20, 2004 (Noon) January 3, 2005 (Noon) Requested City Commission Meetin~ Dates [] February 1,2005 [] February 15, 2005 [] March 1,2005 [] March 15, 2005 Date Final Form Must be Turned in to City Clerk's Office January 17, 2005 (Noon) January 31,2005 (Noon) February 14, 2005 (Noon) February 28, 2005 (Noon) NATURE OF AGENDAITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: A motion to award the contract for "THE CONSTRUCTION OF FIRE STATION #2", BID#018-2413-05/CJD to: BUTLER CONSTRUCTION COMPANY of West Palm Beach, Florida in the amount of: $2,498,000.00 and approve an owner's contingency in the amount of $249,800.00 for a total project budget appropriation of: $2,747,800.00. EXPLANATION: On February 1, 2005, Procurement Services received and opened four (4) proposals. The proposals have been evaluated by our design consultant CH2M Hill, as well as our Engineering Department. It has been determined that BUTLER CONSTRUCTION COMPANY is the lowest, most responsive, responsible bidder ~ho meets all specifications. David Stump, Project Manager concurs with this recommendation (see memo #05-016) PROGRAM IMPACT: The purpose of this bid was to seek a Contractor to furnish all materials, eauinmeC~g. an~-?.. labor to perform all work in order to construct Fire Station #2. '~ FISCAL IMPACT: Construction of Fire Station #2 (Project CPO232) Account Descrintion Account# .. J . _ t-x <'~ Building Improvements 305-4118-580-62-01 t'~$2,75.0,00-'lhl)0 /'} (! . I! ~.~ Assistant to ~e l~inance Director ~ Manager,s Signature {J .~:~ Procurement Services ~ ~ Department Name City Attorney / Finafic'e'/Human l~esources S:~BULLETIN~FORMS~AGENDA ITEM REQUEST FORM.DOC C: Dave Stump - Project Manager Jim Ness Deputy Fire Chief File 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O RESOLUTION NO. R 05- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE AWARD OF BID FOR THE CONSTRUCTION OF FIRE STATION #2, BID NO. 018-2413-05/CJD, TO BUTLER CONSTRUCTION COMPANY, IN THE AMOUNT OF $2,498,000.00; APPROVING AN OWNER'S CONTINGENCY IN THE AMOUNT OF $249,800.00 FOR A TOTAL PROJECT BUDGET APPROPRIATION OF $2,747,800.00 AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED CONTRACT, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on February 1, 2005, Procurement Services received and opened 'our (4) proposals. The proposals have been evaluated by the City's design consultant, CH2M Hill, as well as the City Engineering Department, who recommended that the award of the bid for the construction of Fire Station//2, (Bid No. 018-2413-05/CJD) to Butler Construction Company, who was the most responsive bidder that meets all specifications; and WHEREAS, the City Commission, upon recommendation of staff, deems it to be the best interests of the citizens and residents of the City of Boynton Beach, to award this bid (#018-2413-05/CJD), and enter into a contract with Butler Construction Company, in the amount of $2, 498,000.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. S:\CA\RESO~Agreements\Bid Awards\Bid Award - Fire Station NO. 2.doc ~mm o ~ 0 Z -I ('3 -I m c) o © m ~ mz mz ~ ~ ~C ZO ZO 0 ~ ~ ~Z ~ ~ m ~ ~m ~ z ~ ~ z Om ~~ ~ 0 0 ~~ 0 ~ o o ~ 0 o~ °.mm ,cozz ~ .~.-n " Z o~ ;~ co cz co ~ c~ z< m m ~z ~H ~z > ~ z ~ ~ 0 z 0 C ~ Z C m ~0 ~>~C C > . ~zz ~ o--21> ~corn ~0 " Z ,co ~-~ 0 0 c~ itl o '1"1 DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION MEMORANDUM NO. 05-016 TO: THRU: FROM: DATE: RE: Mary Munro Assistant to the Finance Director Financial Services Department Kelley, Jr., PE/PSM ~j'/ H. David City Engineer Public Works DepartmentJEngineering Division David Stump (~ Project Manager Public Works DepartmentJEngineering Division February 9, 2005 FIRE STATION #2 2615 W. WOOLBRIGHT ROAD BID #018-2413-5/CJD RECOMMENDATION OF AWARD aE,C-EIYED FEB 0 2005 Bids were received and publicly opened for the above noted project on February 1, 2005 with Procurement in attendance. Out of potentially five (5) contractors, four (4) submitted bids. Our design consultant CH2M-HILL has reviewed the bid package submitted by the three (3) lowest bidders and found the bid packages complete. The apparent Iow bidder was Butler Construction Company with a proposed bid amount of $2,498,000.00 (Two Million'Four Hundred Ninety-eight Thousand Dollars). CH2M-HILL has also checked the references submitted by the proposed Iow bidder. Attached is the original letter from our consultant. Based upon the bid package, our consultant's February 7, 2005 letter recommends the award for this project to Butler Construction Company. This office concurs with the recommendation. We would appreciate your award to Butler Construction in the amount of $2,498,000.00 and a contingency of $249,800.00. The Account number is#305-4118-580-62-01and the Project number is CP0232 Please present this recommendation to the City Commission for their approval. In the event additional future information is required please call me at ext. 6486. HDK:DS/ck Attachments Xc~ Jeff Livergood, PE, Director of Public Works Jim Ness, Fire Department, Deputy Chief File S:\Engineering\Csd\Projects\Fire Station ¢~\Recemmendation of Award to Butler Const, - memo to Finance 2-9-05.doc CH2MHILL CH2M HILL One Harvard Circle West Palm Beach, FL 33409-1923 Tel 561.515.6500 Fax 561.515.6502 February 7, 2005 The City of Boynton Beach 100 E. Boynton Beach Boulevard Boynton Beach, Florida 33425-0310 ATT: Mr. David Stump, Project Manager Boynton Beach Fire Rescue # 2 Bid # 018-2413 -05/CJD Bid Recommendation Dear David: Bids were received and publicly opened and read aloud on February 1, 2005 for the above referenced project. Of the five (5) General Contractors taking plans, four (4) Contractors actually submitted bids. The Bid Tabulation Sheet and Register of bid are attached. We reviewed the Bid Submittal of the three (3) low bidders listed below: BIDDER BASE BID ATL # 1 TOTAL Butler Construction Company DiPompeo Construction Corporation West Construction Company $2,498,000 $ 53,000 $ 2,551,000 $2,564,000 $ 27,000 $ 2,591,000 $2,948,257 $ 16,800 $ 2,964,757 The apparent low bidder is Butler Construction Company with a bid of $2,551,000. The Bid Package submitted was complete and appears to be a responsive bid in accordance with the Contract documents. References check gave favorable comments in all aspects of their working relationship with Butler Construction Company and would recommend them on future projects. P~Boynton Beach F.S. # 2\admin\llt stump\bid recommendation_03-15-04 Therefore, based on our review of the Bid Submittal, the positive reference feedback and the assumption that Boynton Beach will find the bid submittal complete and in proper order, we recommend that Butler Construction Company be selected as the successful low bidder. Should you have any questions, please call. Mike Flattery Project Manager P\Boynton Beach F.S. # 2~adminXltr stump\bid recommendation 03-15-04 REGISTER OF BID DOCUMENTS PROJECT: Boynton Beach Fire Station # 2 OWNER: City of Boynton Beach, Florida CONTRACT: City of Boynton Beach NOTICE FOR BIDS DATE: [] INVITED LIST X OPEN [] PREQUALIFICATION BIDS DUE DATE: February 1, 2005 2:30 AM/PM AT: Boynton Beach~ Florida City Hall MANDATORY PRE-BID ON January 11, 2005 AT ADDENDA DATES: 1. 2. 3. CH2MHILL PROJECT NO. 178443 Boynton Beach Bid #018-2413-05/CJD NON-REFUNDABLE CHARGES: $ 300.00 COMPLETE SET EST TIME ZONE 10:00 A.M. Conference Room B ADDENDA RECIPIENT DEPOSIT OR CHARGE DOCUMENTS NO. 1 2 3 4 5 NAME ADDRESS FAX PHONE DATE AMOUNT ISSUED REMARKS Carol Doppler- City of Boynton Beach 12/21/04 N/A 1 Carol Doppler - City of Boynton Beach 12/21/04 N/A 2 David Stump - City of Boynton Beach 12/21/04 N/A 3 X X F.W. Dodge- McGraw Hill- 2617 N. Australian 12/21/04 N/A 4 Avenue B, VCPB, FL 33407 P: (561) 802-9939 F: (561) 802-9082 X X WestConstruction-319-AWicldineBlvd. 12/24/04 $300.00 5 Lantana, FL 33462 ' P: (561) 588-2027 F: (561) 582-9419 X X DiPompeo Construction Corp 12/24/04 $300.00 6 2301 NW 33rd Court # 102, Pompano Beach, FL 33069 P: (954) 917-5252 F: (954) 974-4646 X X Lemartec Engineering & Construction Co. 1/5/04 $300.00 7 4800 SW 74th Court, Miami, FL 33155 P: (305) 661~9393 F: (305) 663-9207 X X ....... N/A 8 CH2M HILL OFFICE COPY X X Cedar Construction Company 1/11/05 Pickup 9 Will pick up P: (561) 588-4088 F: (561) 588-4087 CK X Butler Construction Company Down loaded 4807 Georgia Avenue, West Palm Beach, FL 33407 From DEMAN P: (561)832-9700 F: (561)832-5992 STAR P:\BoyntonBeachFICityOf\178443FireStation2\Admin\Bid Doc Register.doc BIDDER ACKNOWLEDGEMENT Submit Bids To: PROCUREMENT SERVICES 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone: (561) 742-6323 Broadcast Date: DECEMBER 17, 2004 Bid Title CONSTRUCTION OF FIRE STATION #2 Bid Number: #018-2413-05/CJD Bid Received By: FEBRUARY 1, 2005, 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: FERRIIARV 1: 2flO5: no latter than 2:30 P_M_ (lot, al limo) and may not be withdrawn within ninety (90) days after such date and time. AIl awards made as a result of this bid shall conform to applicable sections of the charter and codes of the City. Name of Vendor: BUTLER CONSTRUCTION COMPANY Federal I.D. Number: 59-1822734 A Corporation of the State of: Area Code: 561 Area Code: 561 Mailing Address: City/State/Zip: Vendor Mailing Date: FLORIDA Telephone Number: 832-9700 FAX Number: 832-5992 4807 GEORGIA AVENUE WEST2/1/05PAIYl BEACN, FLORa2 ~i~ V [ q Auth ;ize~'-~ignature KEVIN F. BUTLER Name Typed THlS PAGE TO BE SUBMITTED ALONG WlTtl PROPOSAL BA- 1 ATTACHMENT "A" City of Boynton Beach Risk Management Department IN.~IIRAN~I~ ADVISORY FORM Under the terms and conditions ti all contracls, leases, and agreemems, the City requires appropriate coverages listing thc City of Boynton Beach as Additional Insured. This is done by providing a Certificate of Insurance lisling Ihe City as "Ccrtificale Holder" and "Thc City of Boynton Beach is Addi0ona] Insured as respect to liability." Insurance companies providing insurance coverages musl have a current rating by A.M. Best Co. of "B+" or higher. (NOTE: An insurance contract or binder may be accapted as proof of insurance if Certificate is provided upon selection of vendon) The ~>llowing is a list of types of insurance required of contractors, Iessees. etc., and the limits required by the City: (NOTE: This list is not all inclusive, and the City reserves the right to require additional types of insurance, or to raise or lower the stated limits, based upon identified risk.) TYPE (Occurrence Based Only} MIN1MIIM I.IMITg RKI~}IIIRI~rl General Liability General Aggregate S 1,000,000.00 Commercial General Liability Products-Comp/Op Agg. $ 1,000,000.00 Owners & Contractor's Protective (OCP) Personal & Adv. Injury $ 1,000.000.00 Liquor Liability Each Occurrence $ 1.000,000.00 Prol~ssional Liability Fire Damage (any one fire) $ 50,000.00 Employees & Officers Med. Expense (any one person) $ 5,000.00 Pollution Liability Asbestos Abatement Lead Abatement Broad Form Vendors Premises Operations Underground Explosion & Collapse Products Completed Operations Conlractual Independent Contractors Broad Form Property Damage Fire Legal Liability Automobile Liability Any Auto All Owned Autos Scheduled Autos Hired Autos Non-Owned Aulos PIP Basic lntermodal Combined Single Limit $ 500.000.00 Bodily Injury (per person) to be determined Bodily Injury (per accident) to be determined Property Damage to be determined Trailer Imerchange $ 50.000.00 Garage Liability Auto Only, Each Accident $ 1,000,000.00 Any Auto Other Than Auto Only $ 100.000.00 Garage Keepers Liability Each Accident $1.000,000.00 Aggregate $ 1,000,000.00 Excess Liability Each Occurrence to be determined Umbrella Form Aggregate to be determined Worker's Compensation Statutory Limils Employer's Liability Each Accident $ 100.000.00 Disease. Policy Limit $ 500.000.00 Disease Each Employee $ I00.000.00 Property Homeowners Rew~cable Permil $ 300,000.00 .............. B_ uilder's Risk .............. Limits bas_ed on Prqj.e.F_t ~5~5[ ..... Other As Risk Identified to be determined INSURANCEADVISOR YFOR M03 Revised I 0/201)1 ADDENDA CITY OF BOYNTON BEACH FLORIDA BID TITLE: I~ON~TRI~C~TION OF FIRE ~TATION #2 BIDDER: BUTLER CONSTRUCTION COMPANY DATE SUBMITTED: FEBRUARY 1, 2005 We propose and agree, if this bid is accepted, to contract with the City of Boynton Beach, in the Contract Form, to furnish all material, equipment, machinery, tools, apparatus, means of transportation, construction, coordination, labor and services necessary to complete/provide the work specified by the Contract documents. Having studied the documents prepared by: CH2 M HILL (Name of Project Manager/ArchitectlConsultant) and having examined the project site (when indicated in these specifications to do so), we propose to perform the work of this Project according to the Contract documents and the following addenda which we have received: ADDENDUM DATE ADDENDUM DATE 1 12/29/05 2 1/24/05 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE A-I BID PROPOSAL The Bidder agrees to accept as full payment l-~r the: CONSTRUCTION OF FIRE STATION #2 BID #018-2413-05/CJD Scope of Work: Total Construction of a four (4) bay, 10,619 sq. foot Fire Station located at 2615 W. Woolbright Road, Boynton Beach, Florida 33436 and TOTAL PROJECT SUM Dollars Cents (amount written in words has precedence) The undersigned bidder agrees to commence work within ten (10) calendar days after the date of the "Notice to Proceed" and shall complete the work within 2d..fl calendar days after the commencement date. Attached is a computer generated horizontal bar chart showing proposed schedule of work. The undersigned bidder hereby represents that he has carefully examined the drawings and the Contract including all Contract documents and will execute the Contract and perform all its items, covenants and conditions, all in exact compliance with the requirements of the specifications and drawings. THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE BP-I The ¢i0 of BoynWn Beach Procurement Services 100 E. Boynton Beach Boulevard P. O. Box 310 Boynton Beach, Florida 33425-0310 Telephone: (561) 742-6320 FAX: (561) 742-6506 ADDENDUM #1 DATE: DECEMBER 29, 2004 BID TITLE: CONSTRUCTION OF FIRE STATION #2 BID NUMBER: #018-2413-05/CJD The following changes, additions, deletions, and/or information are hereby made a part of the Bid for the CONSTRUCTION OF FIRE STATION #2 Change the scope of work/qualifications: Delete all language that refers to "Bidder must have completed one (1) Fire Station in the past Five (5) years of comparable size. The one (1) Fire Station must have been within a radius of 150 miles of the project site. Bidders without these minimum qualifications will no~t be considered." ~gn~ture ' ' Da~e/~- Mary Munro Assistant to the Finance Director /cid David Stuml~ Project Manager Mike Flattery- Engineer/Consultant Demandstar.com Shelf Copies Central File File 01/25/2005 13:50 FAX 561+515+6640 GEE AND JENSON ~03 BIDPROPOSAL ~eBiddera~stoaccept~ ~llpayment~r~e: CONSTRUCTION OF FIRE STATION #2 BID g018-2413-05/CJD Scope of Work: Total Construction of a four (4) bay, 10,619 sq_foot Fire Station located at 2615 W. Woolbright Road, Boynton Beach. Florida 33436 BASE BID TOTAL PROJECT ,cco %0o-u,¢uo> (amount written in words has precedence) Dollars and Cen ts The undersigned bidder agrees to commence work within ten (10) calendar days after the date of the "Notice to Proceed" and shall complete the work within 310 calendar days after the commencement date. ~/t Attached is a computer generated horizontal bar chart showing proposed schedule of work. The undersigned bidder hereby represents that he has carefully examined the drawings and the Contract including all Contract Documents and will execute the Contract and perform all its items, covenants and conditions, all in exact compliance with the requirements of the specifications and drawings. ALTERNATE BID #1 - DIRECTIONAL DRILL SEWER LrNE PER SKETCH I-ADD 2_ ~-~"~_~ '~O,~'t~0~> ~ /100DOLLARS $~~ The bidder, by and through the submission of his Bid, agrees that he has examined and that lie shall be held responsible for having theretofore examined himself as to the character of the route, the location, surface and underground obstructions, the nature of the ground water table, conditions and all other physical characteristics of the work, inorder that he may thereby provide for the satisfactory completion thereof, including the removal, relocation or replacement of any objects or obstructions which will be encountered in doing the proposed work. 'fHIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE BP.2 01/25/2005 13:50 FAX 561+515+6640 GEE AND JENSON ~04 The bidder, by submission of this Bid acknowledges that the bidder has been advised that in the event bidder contests the award of this proejct to another bidder, that the bidder damages, i f any, arc limited to actual Bid preparation costs and bidder hereby waives any claim it may have for other damages coming from the City's failure to award the prqiect bidder. Dme FERUARY 1, 2005 BUTLER CONSTRUCTION COMPANY (Name of Bidder, Corporation. Firm or Individual) KEVIN F. BUTLER Printed Name PRESIDENT Title 561-832-9700 Telephone Number THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE BP-3 Florida Contractor's License Number CGC 002233 X Original and three (3) copies of bid submitted. X __ Attached is a computer generated horizontal bar chart showing proposed schedule of work. X Schedule of Subcontractors submitted. X Site Inspection Form submitted. X Evidence of possession of required licenses and/or business permits submitted. The undersigned bidder hereby represents that he has carefully examined the drawings and the Contract including all Contract documents and will execute the Contract and perform all its items, covenants and conditions, all in exact compliance with the requirements of the specifications and drawings. The bidder, by and through the submission of his Bid, agrees that he has examined and that he shall be held responsible for having theretofore examined himself as to the character of the route, the location, surface and underground obstructions, the nature of the ground water table, conditions and all other physical characteristics of the work, in order that he may thereby provide for the satisfactory completion thereof, including the removal, relocation or replacement of any objects or obstructions which will be encountered in doing the proposed work. The bidder, by submission of this Bid acknowledges that the bidder has been advised that in the event bidder contests the award of this project to another bidder, that the bidder damages, if any, are limited to actual Bid preparation costs and bidder hereby waives any claim it may have for other damages coming from the City's failure to award the project bidder. THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE BP-3 Date 2-1-2005 BUTLER CONSTRUCTION COM~ .~.. ~(Na[ne ~f bidder, Corporation,'~ ~ual) Il1 S~gnature KEVIN F. BUTLER Prin~d Name PRESIDENT Title 561-832-9700 Telephone Number Florida Contractor's License Number CGC 002233 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE BP4 ~ 0 > 0 o 0 0 ""] 0 O0 ~Z 0 m ..q o © © 0 r~ > > © '"11 BID BOND STATE OF FLORIDA . ) COUNTY OF PALM BI~d~.CH . ) KNOW AY.I. MEN BY THESE PRESENTS, that ,BUTLER CONSTRUCTIQN COMPANY, INC. as Princi~M, and GREAT AMERICAN INSURANCE COMPANY , as Surety, aathorized to do business M the State 0f Florici~ are held and firmly bound unto the Owner, Ci~ of Bo.v~to. Reach in the penal sum of ............... FIVE' PERCENT OF BID ................. · Dollars ($ .....5% .... ) lawful money ef the United Stat~, for the payment of which sum will and truly to bc made, we bond oi~rsolvem, our heirs, executors, 'admlnistmtor~, and successors, jointly and severally, firmly by these presents. THE CONDITION OF TH!S OBLIGATION IS SUCH, that wh~as the Principal has ' submitted the accompanying bid, dated FEBRUARY 1 ; 20 05 , for: CONSTRUCTION OF FIRE STATION ~ NOW THERF. FORE ~,$~ A. If the pri~all not withdraw said Bid within ninety (90) days al%r date of opening of tho s~shall within ten (10) days after th.e. pre, scribed (orn~s ar~ pre,,cOated to ~:c him for ai~, ~ntea' into a written Contract with the Owner in acc0rdanco with the ~B~d as ac~ and give bonds with goods and sufficient ~ur~ty or sureties, as may be required, ~:f'aithful performauce and proper fulfillment of such Contract, then the .above obli~s shall be void and of no effect, otherwise to remain in full force and : effect. B. In the eYent~of the withdrawal of said Bid within the period specified, or t~e failure'.to'. enter into .such Contract and 'give such bonds within the time specified, if the principal 'shall pay. the'Owner the .difference between the amount specified in said Bid and the amount roi' which the Owner may procure the required Work and supplies, if the latter. amount be ih enmss of the former then the above obligations shall be void and of no effect, othemvise to remain in full furm and effect. IN WITNESS WHEREOF, the above bounded parties have executed this insfrument under their scvcrel seala~ this iST.., day of FEBRUARY, 2005 , being hereto affixed and these presents duly signed, by its undersigned'representative, pursuant to authority of is governing body. WITNMSS: (If Sole Ownership or Pattnemhip,'two (2) Wimesscs required). Corporation, Secretary only will attest and affix deal). PRINCIPAL: BUYER CONSTRUCTION COMPANY, Name of Firm INC. t~g~amre of Authorized O-'i~c~r (affixed 4807 GEORGIA AVENUE Business Address WEST PALM BEACH, FL 33405 City and State · ~' BIB-' 2 GREAT AMERICAN INSURANCE' COMPANY Cqrporat: Surety .. Attorney-~n-fa~t (affix seal) SA~ L ELLING ON Burn.sAdhus CINg!NNATI, OHIO Sum ACORDIA - WEST PALM BEACHr FL Name,ofLocallnsuranceA§cn~ ,., BIB -.3 GREAT AMERICAN INSURANCE COMPANY Administrative Office: 580 WALNUT STREET · CINCINNATI, OHIO 45202 · 513-369-5000 · FAX 513-723-2740 The number of persons authorized by thispowerofattorneyisnotmorethan FOUR No. 0 18006 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below its tree and lawful attorney-in-fact, for it and in its name, place and stead to execute in behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; for all obligees including any and all consents required by the Department of Transportation, State of Florida, incident to the release of retained percentages and/or final estimates; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address Limit of Power SAM L. ELLINGTON ALL OF ALL MALCOLM G. MCCAMPBELL WEST PALM BEACH, FLORIDA $10,000,000 BRIAN COTTRELL AUDREY BOYD This Power of Attorney revokes all previous powers issued in behalf of the attorney(s)-in-fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 26TH day of AUGUST , 2004 . Attest GREAT AMERICAN INSURANCE COMPANY DAVID C. KITCHIN (513-412-4602) STATE OF OHIO, COUNTY OF HAMILTON - ss: On this 26TH day of AUGUST, 2004 , before me personally appeared DAVID C. KITCHIN, to me known, being duly sworn, deposes and says that he resides in Cincinnati, Ohio, that he is the Divisional Senior Vice President of the Bond Division of Great American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal of the said Company; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by authority of his office under the By-Laws of said Company, and that he signed his name thereto by like authority. This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated March 1, 1993. RESOLVED: That the Division President, the several Division Vice Presidents and Assistant Vice Presidents, or any one of them, be and hereby is authorized, from time to time, to appoint one or more Attorneys-in-Fact to execute on behalf of the Company, as surety, any and ali bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract or suretyship, or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same rome and effect as though manually affixed. CERTIFICATION I, RONALD C. HAYES, Assistant Secretary of Grest Amedcan Insurance Company, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of March 1, 1993 have not been revoked and are now in full rome and effect. Signed and sealed this 1ST dayof FEBRUARY 2005 S 1157F (4A34) CERTIFICATE AS TO CORPORATE, PRINC'I~AL . L JOHN P. BUTLER, JR , C~/tify that I am th~ Sec~tamj of tl~ C3dqx~tlonma~' at Prin~lpal in tile wi~ln bond; ~lmt KE¥IN F. BUTLEI~ who .~igv~d the said Bid Bond On behalf of tilc Principal, was tllen ~ (XI~i~IJUI~C~ (X~f said ~ion; Ihal I know has ~ign~turc, and his signature hereto i~ 8enulne; and ~hat saki bond was duly ~;~a, sealed~ and at~sted for and in behalf of sa~d Corpo~fion ~y ~~% · ~ (coqx~ate seat) · ' STATE OF FLORI~A ) · COUNTY OF PALM.CH ) B~o~c mc, a Nota..y Pu~. lJc duly cod~mi~ioned, qualified and ~a~lng, I~aily apt~as~i JOHN P. BUTLER, JR, to m~ well known, who being by me fn~tduly s~ut~ ,~th, says that I~ is thc Attorney*in-Fac% for th~BUTLI~R CO NSTRUCTI ON COMPANY and that hc bbs ~,* aud~iz~d by KE'~IN F. BUTLER -- ~ exc~x~ ~ foregoing bond on 5clmlfof0~ Coutm~ rimmed ~ iu fav~ f~ tl~ Owns, ~t~ C~ty of Boyuton B~ach. STATEMENT OF BIDDER'S QUALIFICATIONS Each Contractor bidding on work included in these General Documents shall prepare and submit the data requested in the following schedule of information. This data must be included in and made part of each bid document. Failure to comply with this instruction may be regarded as justification for rejecting the Contractor's proposal. * attach additional sheets giving the information Name of Bidder: Business Address: BUTLER CONSTRUCTION COMPANY 4807 GEORGIA AVENUE WEST PALM BEACH, FLORIDA 33405 When Organized: 1978 Where Incorporated: FLORIDA How many years have you been engaged in the contracting business under the present firm name? 26 General character of work performed by your company. GENERAL CONSTRUCTION INCLUDING CONCRETE WORK ROUGH CARPENTRY~finish carpentry 7. Enclose evidence of possession of required licenses and/or business permits. 35 8. Number of employees. 9. Background and experience of principal members of your personnel, including officers. * 10. Bonding capacity. 425 MILLION AGGREGATE 11. Have you ever defaulted on a contract? If so, where and why?* NO THIS PAGE MUST BE SUBMITTED ALONG WITH PROPOSAL SBQ- 1 STATEMENT OF BIDDER'S QUALIFICATIONS continued ...... 12. Expeoence in performance. Project $ Value hl~l~T BOYNION BE~ LIBRARY $1,149,800.00 ST. PEI~I< CA~tCLIC (]qL~ $4,117,232.00 ST. M~RTIN CATHOLIC (~ $2,008,669.00 Contact Name DANIEL CANAVAN JIM HOWELL GARY KELLY 13. Contracts on hand. * 14. Largest completed projects (include final cost). 1) LINCOLN PARK ACADEMY ($4,732,265.00) Phone # 561-736-5866 561-683-7000 561-659-2383 772-283-3492 2) GOOD SAMARITAN MEDICAL CANCER CENTER ($4,191,379.00) 3) ST. PETER CATHOLIC CHURCH ($4,117,232.00) 15. List all lawsuits (design and/or construction related) or arbitrations to which you have been a party and which: * 1) 2) 3) arose from construction projects: * N/A occurred within the last 4 years: * N/A provide case number and style: * N/A Dated at: this it ~tayof FEBRUAR~ ~z/ ~" -(~v~ten sig~at~ Name: KEVIN E. BUTLER (printed or typed) Title: PRESIDENT eev. o5~o/o3 THIS PAGE MUST BE SUBMITTED ALONG WITH PROPOSAL SBQ - 2 AC#~. 5 5 0 2 3 2 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD SE~u04081B02403 100/ s/2004 40 600 6 Ic0c002233 The OENE~AL CONTRACTOR Named below IS CERTIFIED Under the provisions of Chapter 489 FS. Expiration date; AUG 31, 2006 BUTLER, KEVIN F BUTLER CONSTRUCTION COMPANY 4807 GEORGIA AVENUE WEST PALM BCH FL 33405 JEB BUSH DIARE CAR~ GOVERNOR SECRETARY DISPLAY AS REQUIRED BY LAW 1989-01153 STATE OF FLORIDA PALM BEACH COUNTY OCCUPATIONAL LICENSE EXPIRES: SEPTEMBER - 30 - 2005 ~ LOCATED AT BUTLER CONSTRUCTION COMPANY BUTLER KEVIN F 4807 GEOROIA AVE NEST PALM BEACH FL $$405-2815 CGC002233 GENERAL CONTRACTOR 0C-052 CLASSIFICATION CNTY $26.Z5 TOTAL $26.25 THIS IS NOT A BILL- DO NOT PAY PAZD. PBC TAX COLLECTOR %26.25 0CC 049 $5Z07 08-26-Z004 JOHN K. CLARK, CFC TAX COLLECTOR, PALM BEACH COUNTY 1989'01154 STATE OF FLORIDA PALM BEACH COUNTY OCCUPATIONAL LICENSE EXPIRES: SEPTEMBER - 30 - 2005 ~ LOCATED AT BUTLER CONSTRUCTI'ON COMPANY BUTLER KEVI'R F 4807 GEORG;A AVE NEST PALM BEACH FL 35q05-2815 THIS LICENSE VALID ONLY WHEN RECEIPTED BY TAX COLLECTOR CW-OOI CLASSIFICATION C/WIDE *$69,60 TOTAL $$69,60 I ls hereby Ilcettsed at above address f~r the period beginning ~n the [ THIS IS NOT A BILL - DO NOT PAY GENERAL CONTRACTOR PAID. PBC TAX COLLECTOR $369.60 OCC 049 ~5Z08 08-Z6-200q CGC002233 JOHN K. CLARK, CFC THIS LICENSE VALID ONLY WHEN RECEIPTED BY 4807 GEORGIA AVENUe, ~EST PAL~ B~ACH, FLORIDA 53405 PHONE (561) 832-9700 F~ (561) 832-5992 BUTLER CONSTRUCTION COMPANY WEST PALM BEACH ROCKLEDGE F.IBUTLER ] KEVIN SR. PRESIDENT KEVIN F. BUTLER II PROJECT MANAGER JOHN P. BUTLER SEC/TREASURER JOHN P. BUTLER III PROJECT MANAGER SUPERINTENDENT SUPEP,.INTENDENT JERRY LUNDFORD STEVE MILLER WALTER GAMACHE JOHN VOSS LYNNE BUTLER ASSISTANT SECRETARY, OFFICE MANAGER ROBERT BOUTIN DICK HATCH ROBERT FRANKLIN TONI CARNEY ADMINISTRATIVE ASSISTENT JAIME D. WARMAN ADMINISTRATIVE ASSISTENT ompany WEST PALM BEACH · ROCKLEDGE Project Name: Project Location: CITY OF HIGHLAND BEACH MUNICIPAL LIBRARY 3614 South Ocean Boulevard Highland Beach, Florida 33487 AmhiteclJ Engineer: Bid Amount: Final Contact Amount: Year Completed: Contract Completion Time (Days): Amount & Number of Approved Change Orders: 00 Description of Work: For the City of Highland Beach a new one story library. Square Footage: 10,000 Number of Floors: 1 Floor Is this reference for a Renovation/Addition? Yes ls this reference for new Construction? Yes Name of Project Manager: Scott A. Butler Name of Project Superintendent: Steve Miller Town of Highland Beach 3614 South Ocean Boulevard Highland Beach, Florida 33487 (561) 2784540 The Corrales Group Architect Peter Corrales 2300 Corporate Boulevard, Suite #145 Boca Raton, FL 33431 561- 655-0670 $2,049,360.00 Under Construction 2005 320 Actual Completion Time (days): $ 0.00 X No 4807 GEORGIA AVENUE, WEST PALM BEACH, FLORIDA 33405 PHONE (561) 832-9700 FAX (561) 832-5992 www. butlerconst r uctionusa.com WEST PAlM BEACH · ROCKLEDGE Project Name: Project Location: DYE PRESERVE CLUBHOUSE 1808 SE Colonv Way, Jupiter Florida 33480 Architect/Engineer: Joseph A. Webster 111 1808 SE Colony Way Jupiter, Florida 33480 (561) 747-1119 Architectural Design Group, Inc. Wade Setliff 200 Lake Morton Drive, Unit 200 Lakeland, FL 33801 (863) 683-7501 Bid Amount: Final Contact Amount: Year Completed: 2005 Contract Completion Time (Days): 300 Description of Work: $3.65 Million Under Consm~ction Actual Completion Time (days): __ 20,429 square feet clubhouse with exposed wood structural wood timbem. Square Footage: 20,429 Number ofFloom: 1 Floor with Basement Is this reference for a Renovation/Addition? Yes X No Is this reference for new Construction? Yes X~ No Name of Project Manager: Scott A. Butler Name of Project Superintendent: Jerry Lunsford 4807 GEORGIA AVENUE, WEST PALM BEACH, FLORIDA 33405 PHONE (561) 832-9700 FAX (561) 832-5992 www.butlerconst r uctionusa.com WESTPALM BEACH · ROCKLEDGE Project Name: Project Location: DUNCAN CONFERENCE CENTER NEW CHAPEL AND CONFERENCE CENTER 15820 South Military Trail Delray Beach, Florida 33484 Owner's Rep: The Episcopal Diocese of SE Florida 525 NE 15mStreet Miami, Florida 33132 (305) 373-0881 The Duncan Center 15820 South Military Trail Delmy Beach, Florida 33484 5614964130 Contact: Father Steve Architect/Engineer: Lewis and Associates Hap Lewis 225 Southern Boulevard, Suite 100 West Pall Beach, Florida 33405 561-833-2268 Bid Amount: Final Contact Amount: $833,400 Under Construction Year Completed: 2005 Contract Completion Time (Days): 240 Actual Completion Time (days): __ Description of Work:. New 2000SF conference building and new 5000SF Chapel with exposed timber Square Footage: 7,000SF Number of Floors: 1 Floor Is this refe~nce for a Renovation/Addition? Is this reference for new Construction? Name of Project Manager: Name of Project Superintendent:. Yes __ No X Yes X~ No Kevin F. Butler, II John Voss 4807 GEORGIA AVENUE, WEST PALM BEACH, FLORIDA 33405 PHONE (561) 832-9700 FAX (561) 832-5992 www.butlerconstr uctionusa.com WEST PALM BEACH · ROCKLEDGE Project Name: Project Location: GARDEN OF LIFE - BRITANNIA 7830 Byron Drive Riviera Beach, Florida 33407 Garden of Life 5500 Village Boulevard, Suite #202 West Palm Beach, Florida 33407 Contact: Brian Ray Architect/Engineer: Bid Amount: Final Contact Amount: Year Completed: Contract Completion Time (Days): 300 Description of Work: Alan Slrassler Architects 8895 N. Military Trail, #201-D Palm Beach Gardens, Florida 33410 Contact: Alan Strassler $0.5 Million Under Construction 2005 Actual Completion Time (days): __ A 3,000 SF of office renovation, 3,500 SF of new office buildout & air conditioning/misc, renovations to 3,600 SF warehouse Square Footage: 42,000SF Number of Floors: 1 Floor Is this reference for a Renovation/Addition? Yes X No Is this reference for new Construction? Yes __ No _X Name of Project Manager: Scott A. Butler Name of Project Superintendent: Walter Gamache 4807 GEORGIA AVENUE, WEST PALM BEACH, FLORIDA 33405 PHONE (561) 832-9700 FAX (561) 832-5992 www. butlerconst r uctionusa.com WEST PALM BEACH · ROCKLEDGE Project Name: Project Location: COLEMAN RESIDENCE 309 Via Linda Palm Beach, Florida 33480 Kim & Payson Coleman Owner's Rep: Klm & Payson Coleman Architect] Engineer: Smith & Moore Architects 15000 S. Olive Avenue West Palm Beach, Florida 33480 CONTACT: Ted Saam Bid Amount: $350,000 Final Contact Amount: 350,000 Year Completed: MARCH 2005 Contract Completion Time (Days): 160 Actual Completion Time (days): __ Description of Work: Add a new bedroom and bathroom & including renovations to existing house Square Footage: 600 + Renovation Inside Number of Floors: 1 Floor Is this reference for a Renovation/Addition? Is this reference for new Construction? Name of Project Manager: Name of Project Superintendent: Yes X No __ Yes No Kevin A. Butler, Sr. Walter Gamache 4807 GEORGIA AVENUE, WEST PALM BEACH, FLORIDA 33405 PHONE (561) 832-9700 FAX (561) 832 5992 www.buflerconst r uctionusa.com BIDDER'S SITE INSPECTION CONFIRMATION Check One: [] NON-MANDATORY BID TITLE: CON.qTRT ICTTON OF FlrE RTATTON/t7 [] MANDATORY BID NUMBER: 018-2413-0S/CID DATE: (Print Name and Title of Representative) (Print Name of Company) ~0"~ ¢~f5J0~_ '~, [,l./,~. ~>,, ~ ~ and that said Comp~tny AddressI as an authorized representative of: (hereinafter called the bidder) located at bidder has visited the site of the work and has carefully examined the plans and specifications for said project and checked them in detail before submitting his bid or proposal. SIGNATURE OF COMPANY REPRESENTAT/FWE--SNAMED ABOVE DATE OF INSPECTION SIGNATURE F~ }l~ MANDATORY ONLY Utilities Department Rev. 12/30/03 BSI-1 NONCOLLUSION AFFIDAVIT OF PRIME BIDDER State of FLORIDA .) County of PAlM BEACH ) KEVIN F. BUTLER being first duly sworn, deposes and says that: He is PRESIDENT of BUTLER CONSTRUCTION COMPANY (Title) (Name of Corporation or Firm) the bidder that has submitted the attached bid: 2) He is fully informed respecting the preparation and contents of the attached bid and of all pertinent circumstances respecting such bid; 3) Said bid is genuine and is not a collusive or sham bid; 4) Further, the said bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other bidder, firm or person to submit a collusive or sham bid in connection with the Contract for which the attached bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communications or conference with any other bidder, firm or person to fix the price or prices in the attached bid or of any other bidder, or to fix any overhead, profit or cost element of the bid price or the bid price of any other bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the CITY OF BOYNTON BEACH (Local Public Agency) or any person interested in the proposed Contract; and 5) The price or prices quoted in the attached bid are fair and proper and are not tai~y any collusion, conspiracy, connivance or unlawful agreement on]the part of the bid~-~'6r afl5~ its agents, representatives, owners, employees, or parties in i~tgt~st, (Title). Subscribed and sworn to before me This__1 day of FEBRUARY 20 05 My commission expires FEBRUARY 27, 2007 THIS PAGE TO BE SUBMITTED ALONG WITH BID IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE NCA- I ANTI-KICKBACK AFFIDAVIT STATE OF FLORIDA COUNTY OF PALM BEACH ) : SS ) I, the undersigned hereby duly sworn, depose and say that no portion of thc sum herein~ill be paid to any employees of the City of Boynton Beach as a commission, kickback, t~x~ard o/f~ ;irt, directly or indirectly bY ~ne or any member °f mY firm °r b' / °fficer °f theT~I ( By'// t~ "'~~ (j I ),~ 'N'A'~E- ~GNA~URE Sworn and subscribed before me this 1 day of FEBRUARY , 20 05 "OFFICIAL NOTARY S~b~,,TAMP Printed Information: KEVIN F. BUTLER NAME PRESIDENT TITLE BUTLER CONSTRUCTION CO~ANY COMPANY THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE AKA- I CONFIRMATION OF DRUG-FREE WORKPLACE IDF~NTICAI , Tllq RIDR Preference shall be given to businesses with drag-free workplace programs. Whenever two or more bids which am 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-flee workplace program, a business shall: 1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drag 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 (1). 4) In the statement specified in subsection (1), notify the employee that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than 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 celtif~ttha~..this ~r~on~l~ies fu~'~h the above requirements. /~/~x~ ~ t/l ke;dor,~,gnat~. %u~_~ ti - X,./' THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE DFW- ! CONFIRMATION OF DRUG-FREE WORKPLACE IDI~NTICA1 . TI~ BIDS Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids which am 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: I) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), notify the employee that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than 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. THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE DFW- ! CONFIRMATION OF MINORITY OWNED BUSINESS A requested form to be made a part of our files for future use and information. Please fill out and indicate in the appropriate spaces provided which category best describes your company. Return this form with your bid proposal sheet making it an official part of your bid response. ( ) AMERICAN INDIAN ( ) ASIAN ( ) BLACK ( ) HISPANIC ( ) WOMEN (X) OTHER CAUCASION MALE (specify) Do you possess a Certification qualifying your business as a "Minority Owned Business"? YES NO If YES, name the Organization l¥om which this certification was obtained and date: Issuing Organization for Certification Date of Certification THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL MOB- I TRENCH SAFETY ACT AFFIDAVIT On October l, 1990, House Bill 3183, known as the Trench Safety Act became law. This incorporates the Occupational Safety & Health Administration (OSHA) revised excavation safety standards, citation 29 CFR.S.1926.650, as Florida's own standards. The Proposer, by virtue of his signature below, affirms that he is aware of this Act, and will comply with all applicable trench safety standards. Such assurance shall be legally binding on all persons employed by the Contractor and his subcontractors. The proposer is also obligated to identify his anticipated method and cost of compliance with the applicable trench safety standards. PROPOSER ACKNOWLEDGES THAT INCLUDED IN THE VARIOUS ITEMS OF THE PROPOSAL AND IN THE TOTAL BID PRICE ARE COSTS FOR COMPLYING WITH THE FLORIDA TRENCH SAFETY ACT (90-96 LAWS OF FLORIDA). THESE ITEMS ARE A BREAKOUT OF THE RESPECTIVE ITEMS INVOLVING TRENCHING AND WILL NOT BE PAID SEPARATELY. THEY ARE NOT TO BE CONFUSED WITH BID 1TEMS IN THE SCHEDULE OF PRICES, NOR BE CONSIDERED ADDITIONAL WORK. IN ORDER TO BE CONSIDERED RESPONSIVE, THE PROPOSERS MUST COMPLETE* TH1S FORM, I.E. IDENTIFY THE COSTS AND METHODS SUMMARIZED BELOW, SIGN AND SUBMIT IT WITH THEIR BID DOCUMENTS. BUTLEI~ CONSTRUCTION COMJ Na of Pr os Apfho'rized Signature of Proposer *COMPLETION REQUIRES PROPOSERS TO FILL IN THE APPROPRIATE DETAILS UNDER THE FOLLOWING HEADINGS: Description Unit Quantity Unit Price Extended Price Method DRAINAGE PIPING LF ~000' 3.00 ~ SLOPE THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE TSA- I SAFETY PROGRAM COMPLIANCE Safety is a high priority in the conducting of business in the City of Boynton Beach. Preference shall be given to contractors with an established safety program following O.S.H.A. guidelines, and documented results establishing a sate working environment. t. Bidder shall provide a copy of the Safety Program(s) to be in effect for the duration of the Contract (attach to the back of this form). 2. The City reserves the right to conduct periodic safety inspections of the contractor, subcontractor, employees, agents, etc. throughout the duration of the Contract. 3. The City reserves the right to terminate the Contract where it is determined that the contractor or subcontractor is in non-compliance of the safety terms, regulations or requirements established by O.S.H.A. or the State. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE TSA- I BID TITI .E: CONRTRI ICTION OF FIRR STATION #2 BID NUMBER:~ PROJECT NUMBER:CPO2~2 CITY OF BOYNTON BEACH, FLORIDA CONTRACT FOR CONSTRUCTION SERVICES THIS CONTRACT, made and entered into this lst__ day of_March_, ~ by and between the CITY OF BOYNTON BEACH, a municipal corporation of Florida, hereinafter called the "CITY" or "OWNER" and RIITI ~ER CONSTRUCTION COMPANY, a Florida Corporation (_X~ a Florida General Partnership a Florida Limited Parmership ( ) a Sole Proprietor (__) Check One hereinafter called "CONTRACTOW'. WITNE~qETgl WHEREAS, The City has heretofore invited bids for a City construction project ("Project") identified by the bid title, bid number and project number listed above and commonly referred to as: ~ONSTRII(!TION OF FIRE STATION ~ WHEREAS, Contractor, in compliance with the bidding requirements announced by the City, submitted a bid on the l~t day of February: 2005, for the total bid amount and, WHEREAS, On the 1 ~t day of ~ the City Commission designated contractor as having submitted the bid that was most advantageous to the City and authorized the execution of this Agreement; and, WHEREAS, the Parties agree that the Project is scheduled to achieve Substantial Completion without interruption within 3_1.0 calendar days as specified in the Notice to Proceed, subject to CITY approved time extensions. NOW, THEREFORE, in consideration of these premises and the mutual conditions and covenants contained herein, the parties agree as follows: c-1 Utilities Departraent Rev. 12/30/03 1. AGREEMENT 1.1. The Parties agree that: 1.1.1. The foregoing "Whereas" clauses are true and correct and incorporated herein by this reference. 1.1.2. The CITY does hire and employ the CONTRACTOR to provide construction services for completion of the Project. 1.1.3. The CONTRACTOR does accept this Contract and does agree to furnish the necessary labor, tools, equipment, materials and supplies, etc., and to complete the Project by performing all the work as set forth in the this Contract and the Contract Documents for the price and amounts set forth in Contractor's bid. 1.1.4. Contractor is an independent contractor as that term is set forth in the General Conditions for Construction GC-2, INDEPENDENT CONTRACTOR. 1.1.5. Unless otherwise provided, all time frames referenced in all Contract Documents shall be calendar days. 2. SCOPE OF SERVICES 2.1. The Project consists of those improvements described and set forth in the Contract Documents. 2.2. The "Contract Documents" are the compilation of the following individual documents: 2.2.1. 2.2.2. 2.2.3. 2.2.4. 2.2.5. 2.2.6. 2.2.7. 2.2.8. 2.2.9. 2.2.10. 2.2.11. 2.2.12. 2.2.13. Advertisement for Bids Instructions for Bidders Bid Proposal Bid Bond General Conditions for Construction (GC) all references to "GC" shall be to section numbers Construction Contract Certificate of Insurance Public Construction Bond Technical Specifications Contract Drawings and Plans Addenda Written directives or interpretations Manufacturers warranties C-2 Utilities Deparanent Rev. 12/30/03 3. OBLIGATIONS OF CONTRACTOR 3.1. Contractor shall: 3.1.1. Furnish all materials, supplies, machines, equipment, tools, superintendents, labor, insurance, and other accessories and services necessary to complete said project in accordance with the conditions and prices as stated in the Contract Documents. 3.1.2. Perform all the work and labor pursuant to this contract and all of the materials furnished shall be in strict conformity with the Contract Documents. CONTRACTOR further accepts and consents to the conditions contained in said Contract Documents and expressly agrees to comply with every requirement and stipulation therein contained. 3.1.3. Furnish all tools, equipment, materials and supplies and to do all the work above mentioned in a first-class, substantial and workmanlike manner, and in conformity with the detail for said work on file in the office of the Project Manager and strictly in accordance with the Contract Documents. 3.1.4. CONTRACTOR shall furnish each subcontractor or material supplier with a copy of his Public Construction Bond within five (5) days of subcontractors' work or material supplying and shall maintain records to establish that notice. A copy of said notice shall be provided to the City's Project Manager at time of issuance. 3.1.5. Guarantee all work and materials for a period of one (1) year, as set forth in the General Conditions for Construction GC-24, WARRANTY. Warranty period shall commence with date of final acceptance as set forth in the Technical Specifications for Construction 01700, EXECUTION REQUIREMENTS.Comply with the provisions of Section 255.05, Florida Statutes, if applicable. 3.1.7. 3.1.8. 3.1.9. 3.1.10. Utilities Depamnent Pay promptly, before final settlement, any and all claims or liens by subcontractors or material suppliers, incurred in and about this work. Remove and clean up all rubbish, debris, excess material, temporary structures, tools and equipment from streets, alleys, parkways and adjacent property that may have been used or worked on by the CONTRACTOR in connection with the project promptly as such section or portion is completed and ready for use, leaving the same in a neat and presentable condition. Observe and comply with the provisions of the charter, ordinances, codes and regulations of the City of Boynton Beach, Florida. Obtain written approval from the CITY of all subcontractors not disclosed C-3 Rev. 12/30/03 3.2. in the Contractor's bid document. 3.1.11. Perform such other tasks as set forth in the Contract Documents. 3.1.12. Shall provide all required bonds, insurance certificates and any other required security for performance of the Project within ten (10) of the Award of the Project. The CONTRACTOR will be held responsible for the care, protection and condition of all work until final completion and acceptance thereof, and will be required to make good at his own cost any damage or injury occurring from any cause resulting from their acts or omissions, or the acts or omissions of their subcontractors or suppliers. 4. CITY'S OBLIGATIONS City shall provide a written Notice to Proceed at the time of the scheduled Pre- Construction Meeting. 4.2. Make timely payments for the work in accordance with the procedures and time frames set forth in the Contract Documents. 4.3. On satisfactory completion of the Project, provide a written final acceptance and payment for the entire project. 5. COMMENCEMENT OF WORK 5.1. CONTRACTOR hereby agrees to commence work under this contract within (10) calendar days of the Commencement Date specified in the written "Notice to Proceed," and to achieve Substantial Completion without interruption within 310 calendar days thereafter. 5.2. Time is the essence of the contract. In the event the CONTRACTOR shall fail to timely commence the work following Notice to Proceed or fail in the performance of the work specified and required to be performed within the time limit set forth in the contract, after due allowance for any extension or extensions of time made in accordance with the Contract Documents, the CONTRACTOR shall be liable to the CITY, as liquidated damages, the amount stipulated in Section 6.0 hereinbelow for each and every calendar day that the CONTRACTOR shall be in default of achieving certification of Substantial Completion. CONTRACTOR shall notify the Project Engineer in writing of any change in the names and addresses of each subcontractor proposed for principal parts of work, and any changes in subcontractors from those proposed in CONTRACTOR's bid proposal, and for such others as the Project Engineer may direct, and shall not employ any that CITY may, within a reasonable time, object to as incompetent or C-4 Utilities Department Rev. 12/30/03 as unfit. 6. LIQUIDATED DAMAGES The CONTRACTOR further agrees to pay l~fl.,251kflfl per day as liquidated damages, for failure to begin within ten (10) days of CITY's issuance of the "Notice to Proceed" or failure to achieve Substantial Completion within 310 calendar days from the Commencement Date as indicated in the written "Notice to Proceed". The CITY shall have the right to deduct said liquidated damages from any amount due, or that may become due the CONTRACTOR, or to collect such liquidated damages from the CONTRACTOR or his Surety. 6.2. Punch list items recorded as a result of inspections for Substantial Completion are to be corrected by the CONTRACTOR within thirty (30) calendar days and prior to any request for Final Inspection, Testing and Acceptance as stated in the General Conditions for Construction (GC-50). If the Substantial Completion punch list items have not been corrected by the CONTRACTOR within the thirty (30) calendar day period, at the discretion of the Project Manager, Liquidated Damages may be applied as described in Section 6 above. 7. PROTECTION OF EXISTING FACILITIES AND WORK IN PROGRESS The CONTRACTOR warrants that quoted prices include the protection and continuous use of all existing work in process, property or operations of the CITY as more particularly set forth in the Technical Specifications for Construction, 01540, SECURITY AND SAFETY PROCEDURES FOR INFRASTRUCTURE PROJECTS, and/or 01541 SECURITY AND SAFETY PROCEDURES FOR WATER TREATMENT PLANT PROJECTS. 8. INDEMNIFICATION The CONTRACTOR shall indemnify and save harmless and defend the CITY, its agents, servants, and employees from and against any claim, demand, or cause of action of whatsoever kind or nature arising out of error, omission or negligent act of CONTRACTOR, its agents, servants, or employees in the performance of services under this Agreement. CONTRACTOR shall indemnify and save harmless and defend CITY, its agents, servants and employees from against any kind and all causes, claims, demands, actions, losses, liabilities, settlements, judgments, damages, costs, expenses, and fees (including without limitation reasonable attorney's and paralegal expenses at both the trial and appellate levels) of whatsoever kind or nature for damages to persons or property caused in whole or in part by any act, omission, or default of the CITY, its agents, servants or employees arising from this contract or its performance. The CONTRACTOR and the CITY hereby agree and covenant that the CONTRACTOR has incorporated in this original bid, which constitutes the Contract sam payable by the CITY to the CONTRACTOR, specific additional C-5 Utilities Department Rev. 12/30/03 consideration in the amount of ten dollars ($10.00) sufficient to support this obligation of indemnification provided for in this paragraph. The indemnification required pursuant to the Contract shall in no event be less than $1 million per occurrence or no more than the limits of insurance required of the CONTRACTOR by the Contract, whichever is greater. It is the CITY'S and CONTRACTOR'S full intention that this provision shall be enfomeable and said provision shall be in compliance with Section 725.06, Florida Statute. 8.3. The execution of this Agreement by the CONTRACTOR shall obligate CONTRACTOR to comply with the foregoing indemnification provision, as well as the insurance provisions which are set forth in the General Conditions for Construction. However, the indemnification provision, and the insurance provision contained in the General Conditions for Construction are not interdependent of each other, but rather each one is separate and distinct from the other; 8.4. The obligation of the CONTRACTOR to indemnify the CITY is not subject to any offset, limitation or defense as a result of any insurance proceeds available to either the CITY or the CONTRACTOR. 9. PAYMENT BY CITY 9.1. The CITY agrees to pay the CONTRACTOR in current funds for the performance of the contract, subject to additions and deductions as provided in the Contract Documents. I0. CHANGES IN THE WORK 10.1. The CITY, without invalidating the Contract, may order extra work or make changes by altering, adding to or deducting from the work, the Contract sum being adjusted accordingly. All such work shall be executed under the conditions of the original Contract. Any claim for extension of time caused thereby shall be made in writing at the time such change is ordered. Changes in the work must be processed as set forth in the General Conditions for Construction GC-46, FIELD CHANGE DIRECTIVES/CHANGE ORDERS. 10.2. All change orders and adjustments shall be in writing and approved by the Project Manager, otherwise, no claim for extras will be allowed. 10.3. Claim of payment for extra work shall be submitted by the CONTRACTOR upon certified statement supported by receipted bills. Such statements shall be submitted for the current contract payment for the month in which the work was done. No claim for extra work shall be allowed unless same was ordered, in writing, as aforesaid and the claim presented at the time of the first estimate after the work is completed. C-6 Utilities Department Rev. 12/30/03 11. PROJECT ENGINEER 11.1. The Project Engineer ("Engineer") is ~ 11.2. The Project Engineer shall have general supervision and direction of the work. The Project Engineer is the agent of the CITY only to the extent provided in the Contract Documents and when in special instances he has the authority by CITY to act, and in such instances he shall, upon request, show CONTRACTOR such authority in writing. He has authority to stop the work whenever such stoppage may be necessary to insure the proper execution of the Contract. 11.3. As the Project Engineer is, in the first instance, the interpreter of the conditions of the contract and the judge of its performance, he shall side neither with CITY nor with CONTRACTOR, but shall use his authority pursuant to the Contract to enforce its faithful performance by both parties. 11.4. In the event of a dispute, the role of the Project Engineer is to make recommendations to the Project Manager who shall make the final decision. 12. INSURANCE 12.1. The Contractor shall obtain and maintain insurance as set forth in the General Conditions for Construction GC-27, iNSURANCE. 13. CONTRACT CONTROLS 13.1. This Contract must be construed with all other Contract Documents, a master set of which shall be maintained by the City Clerk of the CITY. In the event of a dispute, only the master set of documents, or copies thereof certified by the City Clerk, shall be used as evidence. 13.2. In the event of a conflict between the requirements or specifications set forth in the Contract Documents, the conflict shall be resolved by written interpretation by the CITY, or its representatives as set forth in the General Conditions for Construction (GC- 17, CONTRACT iNTERPRETATION. In reconciling conflicting provisions of the Contract Documents, the Contract shall have the greatest weight, followed by the General Conditions for Construction and finally by the balance of the Contract Document 14. TIME OF ESSENCE 14.1. Inasmuch as the provisions of the Contract Documents relating to the times of performance and completion of the work are for the purpose of enabling the CITY to complete the construction of a public improvement in accordance with a predetermined program, all such time limits are of the essence of the Contract. C-7 Utilities Department Rev. 12/30/03 15. REMEDY FOR DELAY 15.1. In the event of any delay in the project caused by any act or omission of the CITY, its agents or employees, by the act or omission of any other party other than the CONTRACTOR, his agents, employees or subcontractors, or delay caused by weather conditions or unavailability of materials, the sole remedy available to CONTRACTOR shall be by extension of the time allocated to complete the project. 15.2. NO MONETARY DAMAGES SHALL BE CLAIMED OR AWARDED TO CONTRACTOR IN ASSOCIATION WITH ANY DELAY IN THE PROJECT CAUSED BY AN ACT OR OMISSION OF THE CITY, ITS AGENTS OR EMPLOYEES. CONTRACTOR ACKNOWLEDGES THIS LIMITATION ON RECOVERY AND ASSUMES ALL MONETARY RISK ASSOCIATED WITH THIS LIMITATION. CONTRACTOR hereby acknowledges that he has read and understands the above provision. 1NITIALS 15.3. Failure on the part of CONTRACTOR to timely process a request for an extension of time to complete the work shall constitute a waiver by CONTRACTOR and CONTRACTOR shall be held responsible for completing the work within the time allocated by this contract. 15.4. All requests for extension of time to complete the work shall be made in accordance with the General Conditions for Construction GC-23, EXTENSION OF TIME/NO DAMAGES FOR DELAY. 15.5. For the purpose of this section, the phrase "the CITY, its agents and employees" shall include but shall not be limited to the Project Engineer and Project Manager. 16. DISPUTES 16.1. Disputes shall be resolved as set forth in the General Conditions for Construction GC- 18, DISPUTES. 16.2 Upon resolution of a dispute by the Owner, either party may request the appointment of a mediator. IN WITNESS WHEREOF, the CITY has caused these presents to be signed by its City Manager, attested to by the City Clerk with the Corporate Seal of the said CITY and the CONTRACTOR has executed these presence the day and year herein before written. c-8 Utilities Deparmaent Rev. 12/30/03 Signed, sealed and witnessed in the presence of: CITY OF BOYNTON BEACH, FLORIDA Attest: CityManager Approved asto Form: City Clerk City Attorney Signed, sealed and witnessed in the presence of: BUTLER CONSTRUCTION COMPANY President or Vice President Attest as to CONTRACTOR State of Florida County of Palm Beach ) ) SS: On this day of ,20 , personally appeared before me, duly authorized to administer oaths, known to be the persons described herein or who has produced as identification and who executed the foregoing instrument and has acknowledged before me that they have executed same. My Commission Expires: Notary Public C-9 Utilities Department Rev. 12/30/03 CITY OF BOYNTON BEACH AGENDA ITEM COVER SHEET AND CHECKLIST This completed cover sheet must accompany all agenda item requests. Please place check marks in the boxes as indicated, initiating department must prepare Agenda Item Request Form. Submit original agenda request (with back up) and one ¢ouv of aQenda reouest ('with back un) to the City Clerk's office. Items must be submitted by the deadlines indicated below. Incomplete or late items will be returned to originating department. Requested City Deadline for Submittal to City P & D/CRA Requests Deadline Commission Meeting Clerk's Office Dates [] December 7, 2004 (noon) November 15, 2004 December 1, 2004 (3:00 p.m.) - P &, D [] December 21, 2004 (noon) December 6, 2004 December 15, 2004 (3:00 p.m.) CRA [] January 4, 2005 (noon) December 20, 2004 December 29, 2004 (3:00 p.m.) - P & D [] January 18, 2005 (noon) January 3, 2005 .lanuary 12, 2005 (3:00 p.m.) - CRA [] February 1, 2005 (noon) January 17, 2005 lanuary 26, 2005(3:00 p.m ) - P & D [] February 15, 2005 (noon) January 31, 2005 February 9, 2005 (3:00 p.m.) - CRA [] March 1, 2005 (noon) February14, 2005 February 23~ 2005 (3:00 p.m.) - P & D [] March 15, 2005 (noon) February 28, 2005 March 9, 2005 (3:00 p.m.) CRA Departments are responsible for securing the following signatures on attached Agenda Request Form: Department Head [] Wilfred Hawkins (for departments under Administrative Services) [] Finance Department (for items that involve expenditure of funds) [] All back up material is attached [] All exhibits are attached & marked (e.g., Exhibit "A'~ [] Department Head's initials: Please do not write in the shaded area below. Legal Department signature [] 1-1'Er4 RETURNED FOR THE FOLLOWING REASON(S): Signature(s) missing [] Tncomplete submittal [] Missed deadline [] Other [] Reason: City Manager's signature Person contacted to pick up rejected request by bg - 7/19/02 S:\Procurement Srvs\WP~AGENDA~genda Item Cover Sheet Checklist Dec 7 - Narch 15, 200S.doc on .(Date) Vt'.'CONSENT AGENDA I'TEIq C.2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission [] December 7, 2004 NATURE OF AGENDAITEM Date Final Form Must he Turned in to City Clerk's Office Novemhef 15, 2004 (Noon.) Decemt~r 6, 2004 (Noon) Decemher 20, 2004 (Noon) January 3, 2005 (Noon) Requested City Commission Meeting Dates [] February l, 2005 [] Fcbruarj 15,2005 [] March I, 2005 [] March 15, 2005 [] Administrative [] Consent Agenda [] Public Hearing [] Bids [] Announcement [] City Manager's Report Date Final Form Must he Turned in to City Clerk's Office January 17,2005 (Noon) January 31, 2005 (Noon)~ [] Development Plans [] New Business co [] Legal [] Unfinished Business [] Presentation RECOMMENDATION: Motion to approve and authorize signing of an Agreement for Water Service Outside the City Limits with Victor R. Melendez for the property at 1042 Peak Rd, Lake Worth, FL (Ridge Grove ADD NO 1, LT 222). EXPLANATION: The parcel covered by this agreement includes a single-family home located in the San Castle/Ridge Grove project area. Only potable water is available for connection to the property at this time due to recent water main improve- ments constructed by Palm Beach County as part of a neighborhood improvement project. (See location map) PROGRAM 1MPACT: A Water Distribution main has recently been completed 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 ALTERNATIVES: None. Thidarcel is within the Utilities~,;o~.a. rea. fX, ( Depart~t He~.d"s Signature -- City Manager's S~gn-ature Department Name City Attorney / Finance / Human Resources XC: Dale Sugerman (w/copy of attachments) Peter Mazzella Michael Rumpf, Planning & Zoning Anthony Penn File ,, S :~B ULL ETIN~FORMS~AGENDA ITEM REQUEST FORM.DOC 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 RESOLUTION NO. R05- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING EXECUTION OF AN AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION BETWEEN THE CITY OF BOYNTON BEACH AND VICTOR R. MELENDEZ; PROVIDING AN EFFECTIVE DATE. WHEREAS, the subject property is located outside of the City limits, but within our rater and sewer service area, located at 1042 Peak Road, Lake Worth, Florida (Ridge Grove ADD No. 1, Lot 222); and WHEREAS, the parcel covered by this agreement will include a single-family home located in the San Castle/Ridge Grove project area; and WHEREAS, a water distribution main has recently been completed on this street, vicinity, allowing for the service to this parcel; and WHEREAS, no additional construction will be required by the City to serve this property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission hereby authorizes and directs the City Manager to execute a Water Service Agreement between the City of Boynton Beach, Florida and Victor R. Melendez, which Agreement is attached hereto as Exhibit "A". Section 3. This Resolution shall become effective immediately upon passage. S:\CA\RESO~Agreeraents\Waler ServicehMelendez Water Service Agreement.doc 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED AND ADOPTED this day of March, 2005. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner Mtest: City Clerk :\( A\RESO~Agrcements\Water ServicehMelendez Water Service Agreement doc THIS INSTRUMENT PREPARED BY: James A. Cherof, Esquire Josias & Goren, P.A. 3099 F~ast Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION ~ THIS AGREEMENT made on this day of ,200 , by and between ~, t'C~O~ !~¥ ~09~!~ ~30,0 ~ ' hereinafter calJed the "Customer", and the CITY OF BOYNTON BEACH, a municipal corporation of the State of Florida, hereinafter called the "City". WHEREAS, Customer owns real property outside of the jurisdictional limits of the City of Boynton Beach, Florida; and WHEREAS, Customer has requested that the City of Boynton Beach, Florida provide water service to the property owned by Customer; and WHEREAS, the City of Boynton Beach has the ability to provide water service to Customer's property; and WHEREAS, the City of Boynton Beach has a policy which conditions the grant of water services outside of its jurisdictional limits on annexation of the property to be serviced into the City at the earliest practicable time. NOW THEREFORE, for and in consideration of the privilege of receiving water service from the Municipal Water System and the mutual covenants expressed herein, the City of Boynton Beach and the Customer, his heirs, successors and assigns, agree as follows: 1. The City agrees to provide Customer with water service from its Municipal Water System to service the real property described as follows and which Customer represents is owned by Customer: (Exhibit A) 2. The Customer and the City hereby agree that there are [, ~/ Equivalent Residential Connections which City shall service. 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 regulations applicable to the installation and maintenance of water service lines upon the Customer's premises. All such lines shall be approved by the Director of Utilities and subject to inspection by the City Engineers. The City shall have the option of either requiting the Customer to perform the work necessary to conform the lines or the City may have the work performed on behalf of the Customer, in which case the Customer will pay in advance all estimated costs thereof. In the event the City has such work performed, the Customer will also advance such additional funds as may be necessary to pay the total actual costs incurred by the City. 4. Any water main extension made pursuant to this Agreement shall be used only by the Customer, unless written consent is granted by the City of Boynton Beach for other parties to cormect. All connections shall be made in accordance with the Codes and regulations of Boynton Beach. 5. Title to all mains, extensions and other facilities extended from the City Water Distribution System to and including the metered service to Customer shall be vested in the City exclusively unless otherwise conveyed or abandoned to the property owner. 6. The Customer 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 from time to time. 7. Any tights-of-way or easements necessary to accommodate the connections shall be provided by the Customer to the City. 8. The Customer shall, contemporaneously execute and deliver to the City an Irrevocable Special Power of Attorney granting to the City the power and authority to execute and advance on behalf of the Customer a voluntary petition for annexation. Customer covenants that it shall cooperate with the City and not raise opposition or challenge to such annexation if and when annexation is initiated. The property shall be subject to annexation at the option of the City at any time the property is eligible under any available means or method for annexation. Customer will infomi any and all assigns or purchasers of any or part of this property of this covenant and of the irrevocable special power of attorney, but Customer's failure to provide such notice shall not constitute a defense or bar to the City's fights as set forth herein. The Customer acknowledges that the consideration of initially connecting to the City's water supply is sufficient to support the grant of the power of attorney any subsequent disconnection or lack of service shall in no way impair the power of attorney nor constitute a diminution or lack of consideration. 9. Annexation is intended to be and is hereby made a covenant running with the land described in paragraph 1 above. This Agreement and the power of attorney referenced herein is to be recorded in the Public Records of Palm Beach County, Florida, and the Customer and all subsequent transferee, grantees, heirs or assigns of Customer shall be binding on the Customer and all successors and assigns. 10. It is agreed that the City shall have no liability in the event there is a reduction, impairment or termination in water service to be provided under this Agreement due to any prohibitions, restrictions, limitations or requirements of local, regional, State or Federal agencies or other agencies having jurisdiction over such matters. Also, the City shall have no liability in the event there is a reduction, impairment or termination of water service due to acts of God, accidents, strikes, boycotts, blackouts, fire, earthquakes, other casualties or other circumstances beyond the City's reasonable control. 11. The Customer hereby agrees to indemnify, defend and hold harmless the City of Boynton Beach, Florida, its Mayor, Members of the City Commission, Officers, employees and agents (Both in their individual and official capacities) from and against all claims, damages, law suits and expenses including reasonable attorneys fees (whether or not incurred on appeal or in connection with post judgment collection) and costs rising out of or resulting from the Customer's obligation under or performance pursuant to this Agreement 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. ~L~.~~ ,; IN W1TNESS WHEREOF,~.~e, 200% parties hereto have set their hands and seals this_ ~.~dayof WITNESS: Printed Witness Name Witness Signature C Printed Witness Name 1NDIVIDUAL(S)~ AS OWNER(S): Owner ~i~nature ,. ~) Printed Owne[' Oame Witness Signature Printed Witness Name Witness Signature Printed Witness Name Owner Signature Printed Owner Name FOR INDIVIDUAL (S) NOTARIZATION: STATE OF FLORIDA ) ) SS: COUNTY OF PALM BEACH) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared per}o/~(~ d~e~sc~rribed~i~ a~f)~h/oe"e~edct~d the foregoing instrument that he/s;e°a~nl~noknw~e~g;~ ~eefothme me that he/she executed the same; that the individual was personally known to me or provided the following proofofidemification: /'~/~, to/o,/,a_ ,~.,~ ,' p r~,4, '~ .~ /d' F tt ~ ~a WITNESS my hand and of.fir.~al seal in the County and State last aforesaid this ~- day of ,2oo (Notary S Notary Public WITNESS: CITY OF BOYNTON BEACH, FLORIDA Kurt Bressner, City Manager ATTEST: City Clerk 4 STATE OF FLORIDA ) ) S$~ COUNTY OF PALM BEACH) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared , City Manager and , City Clerk respectively, of the City named in the foregoing agreement and that they severally acknowledged executing same in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in them by said City and that the City seal affixed thereto is the tree corporate seal affixed thereto is the tree corporate seal of said City. WITNESS my hand and official seal in the County and State last aforesaid this _, ?00. day of (Notary Seal) Notary Public Approved as to form: City Attomey 5 IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Individuals) STATE OF FLORIDA make, constitute, and appoint THE CITY OF BOYNTON BEACH, FLORIDA, true and lawful attomey 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: CO- {Z- oeo The powers and authority of my attorney, THE CITY OF BOYNTON BEACH, <.E[-pRIDA,_ s, hall commence and be in full force and effect on the "~' ~ay of ~- ~L~,L~"~' , 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 /~:/) ~z ~/z ~ , in the year two thousand and _/~','~, <. Sealed and delivered in the presence of Witness Signature Pdnted Witness Name Witness Signature Owner Signature Printed Owner Name Printed Witness Name nature Pdnted W~tness Name ~tness Signature Printed Witness Name O'~fner ,~ignature ~.. ' STATE OF FLORIDA COUNTY OF PALM BEACH of ) ) SS.' ) /'~HE FOREGOING INST~RUMENT Was acknowledqed before me this J"~day ~P~/,'/~ , 204",, by ~','c~-~'rz ~-/~h~/~. and ~' , who are known to me or who~iave produced , as identification and who did/did not take an oath. NOTARY PUBLIC My Commission Expires: POA.IND Type or Pdnt Name Commission.., No. Palm Beach County Property Appraiser Property Search System Page 1 of 2 Address: :1.042 PEAK RD ~*~ ~icipalit¥: UNINCORPORATED Parce~ Co~tro! Number: 00-43-45-09-09-000-2220 Subdivision: R~DGE GROVE ADD 1 IN Officiat Records Book: 13405 Page: 1209 Sale Date: Feb-2002 Legal Description: RIDGE GROVE ADD NO I LT 222 IOwner Information Name: MELENDEZ VICTOR R Mailing Address: 1042 PEAK RD LAKE WORTH FL 33462 5922 Sales Information Sales Date Book/Page Price Sale Type Owner Feb-2002 ~3405/~209 $66,300 WARRANTY DEED MELENDEZ VICTOR R Nov-2001 1320~1/739 $40,000 WARRANTY DEED DZ & q FINANCIAL INC Aug-2001 ~[~798/828 $100 CERT OF TITLE OCWEN FEDERAL BANK Exemptions Regular Homestead $25,000 Total: $25,000 Year of Exemption: 2005 Appraisals Tax Year: ~004 I 2003 2002 IF Tax Year :2004 Improvement Value: '49r9001 '44r6461 *40,a7Bl/ Number of Units: 1 Land Value: *12'8181 *11'8201 '9,°°°1/*Total Square Feet' 1043 Total Market Value: ,62~7151 ,56~1661 ,49r8781. * Use Code: 0100 Description: RESIDENTIAL · In residential properties may indicate living area. Assessed and Taxable Values Tax Year: I 2004 Assessed Value: I S ,2331 Exemption Amount:J ,2Sr000i Taxable Value: ,32~2331 12002 I *E6; SEI *25,0001 *oI ,31/1661 ,49~8781 Tax Values Tax Year:I 2004 I 2003 I 2002 I Ad Valorem: *6291 ~6091 ,9811 Nord Ad Valorem:J ,1911 ,1921 ,1~, Total Tax: ,8201 ,8011 ,1,1561 NOTE: Lower the top and bottom margins to 0.25 on File->Page Setup menu option in the browser to print the detail on one page. http://www.co.palm-beach.fl, us/papa/aspx/web/detail_in fo.aspx?p_entity=00434509090002... 2/2/2005 I in. = 101.1 feet 0070 0060 0050 0040 0030 0020 0010 3270 3290 3321 3331 3360 3380 3410 2930 2850 284 8 2810 2800 0250 O24O 0220 0210 0200 0190 0171 2311 2040 2070 2090 223O 2200 2180 213012141 2160 016O 0150 1690 1622 1610 1560 Location Map - Exhibit "A" 0140 0130 cTrY OF BOYNTON BEACH AGENDA TI'EM COVER SHEET AND CHECKLTST This completed cover sheet mu~t accompany all agenda item requests. Please place check marks in the boxes as indicated. Initiating department must prepare Agenda Item Request Form. Submit original agenda request (with back up) and one cony of anenda r,~,,_,~-t (with back un~ to the City Clerk's office, items must be submitted by the deadlines indicated below, incomplete or late items will be returned to originating department. Reque=~-d City Deadline for Submittal to City P & D/CRA Requests Deadline Commission Heeting Clerk's Office Dates [] December 7, 2004 (noon) November 15, 2004 December 1, 2004 (3:00 p.m.) - P & D [] December 21, 2004 (noon) December 6, 2004 December 15~ 2004 (3:00 p.m.) CRA [] January 4, 2005 (noon) December 20, 2004 December 29, 2004 (3:00 p.m.) - P & D [] January 18, 2005 (noon) ~lanuary 3, 2005 January 12, 2005 (3:00 p.m.) - CRA [] February 1, 2005 (noon) .lanuary 17, 2005 .lanuary 26, 2005(3:00 J:).m ) - P & D [] February 15, 2005 (noon) January 31, 2005 February 9~ 2005 (3:00 p.m.) - CRA [] March 1, 2005 (noon) February14, 2005 February 23, 2005 (3:00 p.m.) - P & D [] March 15, 2005 (noon) February 28, 2005 March 9, 2005 (3:00 p.m.) CRA Depai~iients are responsible for securing the following signatures on attached Agenda Request Form: Department Head [] Wilfred Hawkins (for departments under Administrative Services) [] Finance Department (for items that involve expenditure of funds) [] All back up material is attached [] All exhibits are attached & marked (e.g., Exhibit "A") [] Department Head's initials: Please do not write in the shaded area below. Legal Department signature [] I-rEM RETURNED FOR THE FOLLOWING REASON(S): Signature(s) missing [] Incomplete submittal [] Missed deadline [] Other [] Reason: City Manager's signature Person contacted to pick up rejected request by bg - 7/19/02 G:\Ny Documents~genda item Cover Sheet Checklist Dec 7 - Narch 15, 2005.doc on (Date) VL-CONSENT AGENDA ITEM C.3 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Meeting Dates [] December 7, 2004 [] December 21, 2004 [] January4,2005 [] January 18,2005 Date Final Form Must be Turned in to City Clerk's Office November 15, 2004 (Noon.) December 6, 2004 (Noon) December 20, 2004 (Noon) January 3, 2005 (Noon) Requested City Commission Meeting Dat~_s [] February 1,2005 [] February 15,2005 [] March 1,2005 [] March 15, 2005 Date Final Form Must be Turned in to City Clerk's Office January 17, 2005 (Noon) January 31, 2005 (Noon) February 14, 2005 (Noon) February 28, 2005 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Recommend approval of the memorandum of understanding regarding the creation of a violent crimes task force with Palm Beach County law enforcement agencies. EXPLANATION: The Violent Crimes Task force will be a multi-disciplined, long-term law enforcement response to violent crime, through complex investigative techniques, pro-active patrol to identify and arrest suspects, intelligence gathering, with the goal of achieving maximum inter-agency cooperation through a combined law enforcement effort to reducing violent crimes in Palm Beach County. PROGRAM IMPACT: None FISCAL IMPACT: None ALTERNATIVES: z:None Deparm/ent Head s Stgnature City Mana~ Department Name City Attorney / Finance / Human Resources S:~BULLETIN~FORMS~AGENDA ITEM REQUEST FORM.DOC 1 2 3 4 5 6 7 8 9 10 11 12 13 14 t5 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION R 05- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A MEMORANDUM OF UNDERSTANDING REGARDING THE CREATION OF A VIOLENT CRIMES TASK FORCE WITH PALM BEACH COUNTY LAW ENFORCEMENT AGENCIES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach has been asked to join a Violent ?rimes Task Force which will be a multi-disciplined, long-term law enforcement response to violent crime through complex investigative techniques, pro-active patrol to identify and arrest suspects, intelligence gathering, with the goal of achieving maximum inter-agency cooperation through a combined law enforcement effort to reduce violent crimes in Palm Beach County; and WHEREAS, the City of Boynton Beach will be joining with other agencies to implement the Violent Crimes Task Force; and WHEREAS, the City Commission, upon recommendation of staff has determined that it is in the best interests of the citizens and employees of the City of Boynton Beach to enter into a Memorandum of Understanding creating a multi-agency Violent Crimes Task Force. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption. S:\CA~RESO~Agreements~BBPD\Violent Crimes Task Force - MOU.doc 1 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 32 33 36 1 2 3 4 5 6 7 Section 2. The City Commission of the City of Boynton Beach, Florida hereby authorize and direct the Mayor and City Clerk to execute a Palm Beach County Multi-Agency Violent Crimes Task Fome Memorandum of Understanding between the City of Boynton Beach, Florida and Palm Beach County Law Enforcement Agencies, a copy of which is attached hereto as Exhibit "A". Section2. This Resolution will become ~assage. PASSED AND ADOPTED this effective immediately upon day of March, 2005. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner City Clerk (Corporate Seal) S:\CA~RESOL'kgreements~BBPD\Violent Crimes Task Force - MOU.doc2 02/09/05 WED 16:28 FAX S616883033 PBSO EXECUTIVE OFFICE ~002 PALM BEACH COUNTY MULTI-AGENCY VIOLENT CRIMES TASK FORCE MEMORANDUM OF UNDERSTANDING WHEREAS, Palm Beach County Law Enforcement Agencies have entered into a combined mutual aid agreement for law enforcement services that is in full force and effect; and WHEREAS, the participating Palm Beach County Law Enforcement Agencies set forth in Exhibit ,4, have the authority under the combined mutual aid agreement to enter into this Memorandum of Understanding creating the Multi-Agency Violent Crimes Task Fome pursuant to Section II of said mutual aid agreement, herein incorporated by and referenced as Exhibit B; and WHEREAS, the participating Palm Beach County Law Enforcement Agencies, along with the State Attorney's Office for Palm Beach County and certain Federal and State agencies, have identificd a need to establish a Multi-Agency Violent Crimes Task Force in Palm Beach County to address violent crimes, utilizing a team problem-solving approach; NOW, THEREFORE, the participating Palm Beach County Law Enforcement Agencies, State Attorney's Office and certain Federal and State agencies agree to enter into this Memorandum of Understanding in consideration of mutual interests and understandings expressed herein, the parties hereto agree as follows: I. PUREOSE An enforcement initiative, identified as thc Palm Beach County Multi- Agency Violant Crimes Task Force, hexeinafter referred to as "VCTF", will be established between thc participating law enforcement agencies to address violent crimes occurring in Palm Beach County. The VCTF will be a multi-disciplined, long-term law enforcement response to violent crime, through complex investigative teclmiques, pro-active patrol to identify and arrest suspects, intelligence gathering and employment of vertical prosecution, with the goal of achieving maximum inter-agency cooperation through a combined law enforcement effort to reducing violent crimes in Palm Beach County. 02/09/05 WED 16:28 FAX 5616883033 PBSO EXECUTIVE OFFICE ~003 H. AUTHORITY This Memorandum of Understanding is established pursuant to the specific authority in Section II of the Palm Beach County Law Enforcement Agencies Combined Operational Assistance and Voluntary Cooperation Mutual Aid Agreement, authorizing the establislunent of inter-agency task forces. See Exhibit B. The establishment of this Memorandum of Understanding does not in any way alter or modify the provisions of the existing Palm Beach County Law Enforcement Agencies Combined Operational Assistance and Voluntary Cooperation Mutual Aid Agreement, which sets forth the powers, privileges, immunities and liabilities of the participating Palm Beach County law enforcement agencies. III. SCOPE OF AGREEMENT A VCTF Board of Advisors will be created, made up of each participating agency's Chief of Police or Command Staff designee. The Board nf Advisors to the VCTF will be responsible for establishing the command structure for the VCTF, determining investigative and tactical operation protocols, and adopting a un/fled comprehensive policy and procedure to implement the purposes set forth in this Memorandum of Understanding. The Board of Advisors will further recommend a location for a joint operation center for the VCTF. a. Each participating agency will have one vote on matters put before the Board and requiring a vote. bo Said protocols, operational procedures and recommendations shall be agreed upon by said Board and incorporated into this Memorandum of Understanding as an addendum. To the extent that resources and funding allow, participating agencies will dedicate an officer to the VCTF, and provide necessary vehicles and operational equipment for those members specifically assigned to the VCTF. Those agencies which cannot dedicate an officer to the VCTF, shall assign a liaison to the Task Force. The Palm Beach County Sheriff's Office will provide computer networks, phones and other resources as necessary for the day-to-day operation of the VCTF, to the extent funding will allow. 02/09/05 WED 16:29 FAX 5616883033 PBSO EXECUTIVE OFFICE ~004 The State Attorney of Palm Beach County will appoint an Assistant State Attorney to serve as a "special prosecutor" to prosecute all cases initiated by thc VCTF. The "special prosecutor" will bc available to assist in thc early investigative phase, to include, but not be limited to, providing legal advice and expertise in securing search and arrest warrants against violent criminal offenders. Thc "special prosecutor" will be subject to call on a 24-hour a day basis. The Bureau of Alcohol, Tobacco and Firearms will consider assigning personnel to the VCTF, once the program becomes operational. To the extent necessary, separate Memorandums of Understanding with Federal and State agencies setting forth their specific involvement with the VCTF will be executed. The Palm Beach County Sheriff's Office will immediately dedicate personnel to seek grant funds to support this program. The Palm Beach County Sheriff's Office is committed to utilizing its resources to include, but not be limited to, ballistics and DNA analysis and other crime lab capabilities. The Organized Crime Bureau, Auto Theft Task Force, Gang Unit and other specialty units will assist in carrying out the purpose and goals of the VCTF. IV. EFFECTIVE DATE This Memorandum of Understanding shall take effect upon approval and signatures of the officials representing the participating agencies and will remain in effect unless and until an agency rescinds their participation in the VCTF upon 30 day written notice to the Board of Advisors. IN WITNESS Wl:IEREOF, the agencies hereto cause these presents to be signed on the date specified. 02/09/05 WED 16:29 FAX 5616883033 PBSO EXECUTIVE OFFICE ~005 ATTEST: CITY OF ATLANTIS: Mayor (date) CITY OF BELLE GLADE: (date) Mayor (date) CITY OF BOCA RATON: (date) Mayor (date) CITY OF BOYNTON BEACH: (date) Mayor (date) (date) CITY OF DELRAY BEACH: Mayor (date) (date) Chief of Police, Robert Marigold (date) (date) Chief of Police, Albert Dowdell (date) (date) Chief of Police, Andrew Scott (date) (date) Chief of Police, Marshall Gage (date) (date) Chief of Police, Larry Schroeder (date) (date) 02/09/05 WED 16:30 FAX 5616883033 PBSO EXECL~IVE OFFICE ~006 FLORIDA ATLANTIC UNIVERSITY: President (date) CITY OF GREENACRES: (date) Mayor (date) City Manager TOWN OF GULFSTREAM: (date) Mayor (date) Town Manager (date) TOWN OF HIGHLAND BEACH: Mayor (date) Town Manager (date) TOWN OF JUNO BEACH: Mayor (date) Town Manager (date) Chief of Police, Dolores Danser (date) (date) Chief of Police, Greg Smith (date) (date) Chief of Police, Garrett Ward (date) (date) Chief of Police, Gwendolyn Pascoe (date) (date) Chief of Police, H. C. Clark II (date) (date) 02/0g/05 WED 16:30 FAX 5§18883033 PBS0 EXECUTIVE OFFICE ~007 TOWN OF JUPITER: Mayor (date) (date) TOWN OF JUPITER INLET COLONY: Mayor (date) (date) TOWN OF LAKE CLARK~ SHORES: Mayor (date) Town Manager (date) CITY OF LAKE WORTH: Mayor (date) (date) TOWN OF LANTANA: Town Manager (date) (date) Chief of Police, Richard Westgate (date) (date) Chief of Police, William Smith (date) (date) Chief of Police, Rick Lincoln (date) (date) Chief of Police, Joseph Benevento (date) (date) Chief of Police, Wes Smith (date) (date) 02/09/05 WED 16:30 FAX 5616883033 PBSO EXECL~IVE OFFICE ~008 TOWN OF MANALAPAN: Mayor (date) Town Manager (date) TOWN OF MANGONIA PARK: Mayor (date) (date) VILLAGE OF NORTH PALM BEACH: Mayor (date) TOWN OF OCEAN RIDGE: (date) Mayor (date) Town Manager CITY OF PAHOKEE: (date) Mayor (date) City Manager (date) Chief of Police, Clay Walker (date) (date) Chief of Police, Rodney Thomas (date) (date) Chief of Police, James Knight (date) Chief of Police, Edward Hillery (date) (date) Chief of Police, Rafael Duran (date) (date) 02/0g/05 WED 16:30 FAX 561fi883033 PBS0 EXECUTIVE OFFICE ~009 TOWN OF PALM BEACH: Mayor (date) Chief of Police, Michael Reiter (date) Town Manager (date) President, Town Council PALM BEACH COUNTY SHERIFF'S OFFICE: (date) (date) PALM BEACH COUNTY SCHOOL DISTRICT: Chairman (date) Superintendent (date) CITY OF PALM BEACH GARDENS: Mayor (date) (date) TOWN OF PALM BEACH SHORES: Mayor (date) (date) VILLAGE OF PALM SPRINGS: Sheriff, Ric Bradshaw (date) (date) (date) Chief of Police, James Kelly (date) (date) Chief of Police, Stephen Stepp (date) (date) Chief of Police, Roger wlme (date) (date) 02/09/05 WED 16:31 FAX 5616883033 PBS0 EXECI~IVE OFFICE ~010 Mayor (date) Village Manager CITY OF RIVIERA BEACH: (dato) Mayor (date) (date) VILLAGE OF ROYAL PALM BEACH: Mayor (date) (date) CITY OF SOUTH BAY: Mayor (date) (date) TOWN OF SOUTH PALM BEACH: Mayor (date) (date) VILLAGE OF TEQUESTA: Chief of Police, Jay Pickens (date) Chief of Police, Clarence Williams III (date) (date) Acting Chief of Police, (date) Roger Crane (date) Chief of Police, Ed Stepnowski (date) (date) Chief of Police, Michael Morris (date) (date) 02/09/05 WED 16:31 FAX 5616883033 PBS0 EXECUTIVE OFFICE ~011 Mayor (c~te) (date) Chief of Police, Stephen Allison (datc) (~tc) CITY OF WEST PALM BEACH: Mayor (date) (date) Chief of Police, Delsa Bush (date) (date) O CTTY OF BOYNTON BEACH AGENDA ZTEM COVER SHEET AND CHECKL:[ST This completed cover sheet must accompany all agenda item requests. Please place check marks in the boxes as indicated. Tnitiating department must prepare Agenda ]Etem Request Form. Submit original agenda request (with back up) ~lnd Qne coDY of aaenda reouest Cwitb back up) to the City Clerk's office. Items must be submitted by the deadlines indicated below. Incomplete or late items will be returned to originating department. Requested City Deadline for Submittal to City P & D/CRA Requests Deadline Commission Meeting Clerk's Office Dates [] December 7, 2004 (noon) November 15, 2004 December 1, 2004 (3:00 p.m.) - P & D [] December 21, 2004 (noon) December 6, 2004 December 15~ 2004 (3:00 p.m.) CRA [] .~anuary 4, 2005 (noon) December 20, 2004 December 29, 2004 (3:00 p.m.) - P & D [] January 18~ 2005 (noon) .]anuary 3, 2005 .lanuary 12, 2005 (3:00 p.m.) - CRA [] February 1~ 2005 (noon) January 17, 2005 January 26, 2005(3:00 p.m ) - P & D [] February 15, 2005 (noon) _lanuary 31, 2005 February 9~ 2005 (3:00 p.m.) - CRA [] Harch 1, 2005 (noon) February14, 2005 February 23, 2005 (3:00 p.m.) - P & D [] Harch 15, 2005 (noon) February 28, 2005 March 9, 2005 (3:00 p.m.) CRA Departments are responsible for securing the following signatures on attached Agenda Request Form: Department Head Wilfred Hawkins (for departments under Administrative Services) Finance Department (for items that involve expenditure of funds) All back up material is attached All exhibits are attached & marked (e.g., Exhibit "A'~ Department Head's initials: Please do not write in the shaded area below. Legal Department signature [] YFEM RETURNED FOR THE FOLLOW]lNG REASON(S): Signature(s) missing [] incomplete submittal [] Hissed deadline [] Other [] Reason: City Hanager's signature Person contacted to pick up rejected request by bg - 7/19/02 Document2 on (Date) W.-CONSENT AGENDA ITEM C.4 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Meeting Dates [] December 7, 2004 [] December 21,2004 [] January4,2005 [] January 18,2005 NATURE OF AGENDA ITEM Date Final Form Must be Turned in to Cit~ Clerk's Office November 15, 2004 (Noon.) December 6, 2004 (Noon) December 20, 2004 (Noon) January 3, 2005 (Noon) Requested City Commission Meeting Datg~ [] February 1,2005 [] February 15,2005 [] March 1,2005 [] March 15,2005 Date Final Form Must be Turned in to CKv Clerk's Office January 17, 2005 (Noon) January 31, 2005 (Noon) February 14, 2005 (Noon) February 28, 2005 (Noon) [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Amend the Cemetery Rules & Regulations to add a new Rule #25 as follows: "In an adult grave, the following will be permitted: one (1) casket plus one (1) cremains; or three (3) cremains. No more than three markers will be permitted per adult grave. In the Replat section, two (2) cremains will be permitted in a cremains plot. No more than two markers will be permitted on a cremains plot in the Replat section." EXPLANATION: At the Cemetery Board meeting of December 16, 2004, the members unanimously passed a motion to recommend to the City Commission that the Cemetery Rules & Regulations be amended to include this new rule. In accordance with Rule #23 of the Cemetery Rules & Regulations, Mr. Brady Osborne, of the Boynton Beach Mausoleum, Inc., was given 45 days notice of this recommended change to the Rules. Mr. Osborne was present at the meeting when this topic was discussed and expressed no objection. Since receiving the certified letter regarding this recommendation, Mr. Osborne has expressed no objections. PROGRAM IMPACT: None FISCAL IMPACT: None ALTERNATIVES: Department Head's Signature City Clerk's Office Department Name Not approve the recommendation of the Cemetery Board. City Attorney / Finance / Human Resources S:\CC\WPXCEMETERY~Agenda Item Request -Add Rule Regarding Number of Cremains - 02-08-05.dot 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 RESOLUTION NO. 05- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING THE CEMETERY RULES & REGULATIONS TO ADD A NEW RULE #25; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Cemetery Board has been reviewing the Cemetery Rules and Regulations and does hereby recommend an amendment to the Rules and Regulations Amended July 20, 2004; and WHEREAS, upon recommendation from the Cemetery Board, the City Commission has determined that it shall add a new Rule #25. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. Each Whereas clause set forth above is hereby ratified as being true and correct and incorporated herein by this reference; Section 2. The City Commission of the City of Boynton Beach, Florida, amends the Rules and Regulations of the Cemetery Boards by creating a new Rule #25, to read as follows: 25. In an adult grave~ the following will be permitted: one (1) casket pla~.; one (1) cremains; or three (3) cremains. No more than three markers will permitted per adult crave. In the Replat section, two (2) cremains will bc l~ermitted in a creamins plot. No more than two markers will be permitted on a cremains plot in the Replat section. Section 3. This Resolution shall take effect immediately upon passage. S:\CA\RESO~Administrative\Cemete~y R&R - Create Rule 25.doc 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 PASSED AND ADOPTED this __ day of March, 2005. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk ;:\CA\RESOV~dministrative\Cemetery R&R - Create Rule 25.doc NOTICE TO LOT OWNERS IN BOYNTON BEACH MUNICIPAL CEMETERIES Rules and Re,qulations Amended July 20, 20@ GENERAL Lot owners shall not allow interments to be made in their lots for remuneration; nor shall any transfer, assignment, or conveyance of any lot or any interest therein be valid without the consent in writing of the City of Boynton Beach and same endorsed upon such transfer, assignment or conveyance. No transfer, assignment, or conveyance of a lot can be made after an actual interment in it, except with the consent of the City of Boynton Beach after the body is lawfully removed therefrom. No disinterment shall be allowed except by the consent of the Board of Governors and upon written request of the owner or owners of the lot and in every case shall only be made by the proper authorities. (NOTE: Authorized disinterment and shipment of body may be made only by a licensed funeral director licensed in Florida to another licensed funeral director at terminal point.) The City of Boynton Beach is reluctant to interfere with the tastes of individuals in regard to the style of their improvements at the cemetery; but in justice to the interest of the whole and all cemetery lot owners, it reserves to itself the right of preventing or removing any erection, enclosure, monument, inscription, tree or shrub which is inconsistent with the purpose of these rules and which the City considers injurious to the grounds. Under no circumstances will lots be allowed to have on them growing or live plants, trees, or bushes directly planted in the ground and such will be removed by City employees. In addition to the grave marker, there will be a limit of three items placed on a grave site. In general, these three items can be those chosen by the owner, but must be able to be moved with one hand and flowers must be in a container that has a solid base so that it will easily stand erect or in a container with a point on the bottom that is easily stuck into the ground. These items must be tastefully placed at gravesites. Employees will, for cemetery maintenance purposes, move and replace these items with care, but the City does not accept responsibility for replacing broken items unless there is a c~ear negligence on the part of the City employees. (NOTE: City employees may remove any item placed on a gravesite that becomes untidy or unsightly to the appearance of the Cemetery.) All lot enclosures of any kind whatever are prohibited. Comer stones properly numbered and set flush with the surface of the ground will be allowed. No brickwork will be allowed above ground level in any portion of the cemeteries. No mounds are permitted over graves. The grade of all lots will be determined by the Board of Governors. No person shall be allowed to perform any modification or construction on a lot without a permit from the City. No money should be paid to any person in the employ of the City for services or attention, other than their salaries and wages paid by the City. To protect the grounds and especially improved lots from injury, all excavations shall be made by the city. All permanent grave markers must be ground level, of bronze, marble or granite material and placed on a six (6) inch concrete base, subject to proper permit and fees. All temporary grave markers will be allowed for a period of six months from date of burial. Temporary markers will be removed by cemetery workers after that time. 11. 12. 16. 17. 18, 13. 14. 15. All urns, vases, or grave markers damaged or lost will not be the responsibility of the cemetery. No wooden boxes may be used for interment. Casket must be encased in a solid container- concrete container or vault. The Board of Governors from time to time may initiate and recommend the laying out, altering, or closing of such avenues or walks and make such rules and regulations for the government and improvement of the cemetery as it may deem requisite and proper, subject to City Commission approval. No purchaser shall be entitled to a deed to any lot nor will a burial be permitted in any lot until all accounts relating thereto and due the City are paid. Lots, if not needed, may be returned to the City for a refund of the purchase price less 20 percent. The deed must be surrendered. No sign indicating that a lot is "For Sale" will be permitted on the grounds. On Veterans' Day and other national holidays, the Veterans' organizations may join in memorial services at the cemeteries upon scheduling with the Secretary of the Cemetery Board, the City Clerk. MAUSOLEUM Mausoleum Crypts or Niches - Prior to interment, an owner may transfer or resell the mausoleum crypt or niche provided the owner first obtains the written consent of the City of Boynton Beach and Boynton Beach Mausoleum, Inc. Such consent shall be given automatically provided that the new purchaser's name, address and phone number are on file with the City Clerk and an administrative fee equal to the cost of relettering the mausoleum, crypt, or niche is paid to Boynton Beach Mausoleum, Inc. After interment, resale or transfer of ownership shall be allowed only to the City of Boynton Beach at a cost of 50% of the original purchase price paid for the crypt or niche and provided that disinterment has occurred and implemented by the proper authorities. The City may not offer these crypts or niches for sale until the termination of the contract with Boynton Beach Mausoleum, Inc. No disinterment shall be allowed except by the consent of the Board of Governors following written request by the owner or owners of the crypt/niche and in every case shall only be made by the proper authorities. (NOTE: Authorized disinterment and shipment of body or remains may be made only by a licensed funeral director licensed in Florida to another licensed funeral director at terminal point.) The City reserves to itself the right to approve any erection, enclosure, monument, inscription, tree or shrub. In addition to the bronze letters, there will be a limit of two emblems allowed per crypt/niche. These bronze letters and emblems may be obtained from Boynton Beach Mausoleum, inc., who is the City's exclusive sales agent, and shall be installed by the City of Boynton Beach. No artificial flowers, except silk flowers, are permitted in or around Mausoleum buildings. All flowers must be placed in front of or near a particular crypt or niche and fresh flowers can remain for a maximum period of three (3) days. One (~.) vas per crypt/niche will be allowed. Flowers must be in a container that has a solid base so that it will easily stand erect. Employees will, for maintenance purposes, move and replace these items with care, but the City does not accept responsibility for replacing broken items unless there is a clear negligence on the part of the City employees. After the third day, or in the case of silk flowers, when the Cemetery Hanager determines that the flowers have 2 become unsightly, said flowers and holder shall be removed and disposed of in a manner acceptable to the Cemetery Manager." "No potted plants containing soil, perlite, or other loose materials are permitted in chapels or walkways in the Mausoleum. (Note: City employees may remove any item placed on a crypt/niche site that becomes untidy or unsightly, in the sole and absolute discretion of the City." 19. No person shall be allowed to perform any modification on anything without written permission from the City. No money should be paid to any person in the employ of the City for services or attention, other than their salaries and wages paid by the City. 20. All original sales of mausoleum crypts or niches shall be originated by Boynton Beach Mausoleum, Inc. Boynton Beach Mausoleum, Inc. shall then forward an executed request for the issuance of a certificate of ownership within 30 days which shall include the purchaser's complete name, address and phone number. Upon receipt of a request for the issuance of a certificate of ownership, the City shall issue a certificate of ownership and forward it to the purchaser within 14 days. There shall be no fee for issuance for the certificate of ownership. 21. Boynton Beach Mausoleum Inc. shall provide copies of every sales contract for each crypt/niche sold to the City within 30 days of the sale. There shall be no requirement for an annual audit. 22. Any veterans' organization may erect a flag and/or memorial at the entrance to the Mausoleum Chapel on Memorial Day. 23. 24. The Board of Governors from time to time may recommend the altering of the Rules and Regulations for the government and improvement of the mausoleum as it may deem requisite and proper, subject to City Commission approval. At any time the Board of Governors proposes amending or altedng the Rules and Regulations for the mausoleum, they must notify Boynton Beach Mausoleum, Inc. by certified mail return receipt requested of the proposed changes, at the same time any City Commission action is sought regarding the rules. Boynton Beach Mausoleum, Inc. shall be given forty-five (45) days from the date it receives notice of intended action by the Board of Governors prior to any City Commission action being taken. All Rules and Regulations shall be applied prospectively from the date of adoption. No Rule or Regulation shall be construed in a manner which would negate or alter any contractual right between Boynton Beach Mausoleum, Inc. and any party to a purchase agreement with Boynton Beach Mausoleum, Inc. or any contractual right between the City of Boynton Beach and Boynton Beach Mausoleum, Inc. As of the date of adoption of Resolution No. R04-065, on all new sales, the bodies placed in the Mausoleum must be embalmed. On previously purchased crypts, if a person does not wish to be embalmed, the body must be placed in a Ziegler case. Plastic trays must be placed under the casket on all entombments in the Mausoleum, whether the bodies are embalmed or not. The funeral home will bear the cost of the Ziegler cases and plastic trays, but will pass that cost on to the purchaser. Revised 7/20/2004 Resolutions No. R04-~.~.2 S:\CC\WP\CEIVlETERY\CE~IETERY RULES\RULES2004 - adopted Revision 7-20-04.doc 3 The City of Boynton Beac_h City Clerk's Office 100 E BOYNTON BEACH BLVD BOYNTON BEACH FL 33435 (561) 742-6060 FAX: (561) 742-6090 e-mail: prainitoj~ci.boynton- beach.fi.us www.boynton-beach.org BY CERTIFIED MAIL #7002 0510 0002 7947 3825 December 20, 2004 MR. BRADY OSBORNE BOYNTON BEACH MAUSOLEUM, INC. 1611 SOUTH SEACREST BOULEVARD PO DRAWER 1429 BOYNTON BEACH, FL 33425 Dear Mr. Osborne: At the Cemetery Board meeting of December 16, 2004, the members unanimously passed a motion to recommend to the City Commission that the Cemetery Rules & Regulations be amended to include a new rule as follows: "In an adult grave, the following will be permitted: one (1) casket plus one (1) cremains; or three (3) cremains. No more than three markers will be permitted per adult grave. In the Replat section, two (2) cremains will be permitted in a cremains plot. No more than two markers will be permitted on a cremains plot in the Replat section." This recommendation will be forwarded to the City Commission for their consideration and adoption on February 15, 2005. If I can offer any assistance or provide any additional information, please let me know. Very truly yours, CITY OF BOYNTON BEACH et M Prainito, CMC (,~_..net_.M.. I City Clerk c: Cemetery Board; Kurt Bressner, 9ody Rivers, -lames Cherof, Cemetery Clerk, Central File 5:\CC\WP\CEMETERY\Letters\Intent to Amend Rules Regarding Number of Cremains in Adult Lot. doc mertca s Gateway to the Gulfstream VI.-CONSENT AGENDA ITEM C.5 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM .lanuary 17. 2005 (Noon) January 3 h 2005 (Noon) February 14, 2005 (Noon) Febluary 28, 2005 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public llearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation City Manager's Report RECOMMENDATION: Approval of Resolution confirms terms and conditions set forth itl our EMS grant awar'~as approved by the Pahn Beach Counly Divisiou of Eme 'ge ~cy Medical Services. EXPLANATION: Comnrission approval itl the lbrm ora resolution is necessary to obtain grant funds awarded to the Fire Rescue Dept. for tile purchase of three Automatic External Defibrillators and the funding for continuation of our Community Enrergency Response Team (CERT) program. The AEDs will be assigned to various locations within the Parks and Recreation Department further enhancing our Public Assess Defibrillation program. Funding roi' our CERT program includes the purchase of individual equipmenl packs and instructm lbes lbr two CERT classes this year. PROGRAM IMPACT: These AEDs will provide immediale defibrillation access to patients suffering cardiac arrest in targeted City recreational facilities. Stndies have shown that for every minute delay in receiving defibrillation there is a 10% decrease m patient survivability. The City's CERT team progranr contmaes to train volunteers to aid during and after widespread disasters such as the hurricanes that hit our City last sumnrer/fall. FISCAL IM PACT: These ftlnds are not matching fimds. 100% of tile cost of the AEDs and CERT training is covered. ALTERNATIVES: Chose ,lot to,md these programs and eliminate them or have the city pay the $11.550 out of general ~.:gvenue fimds. [ ~ ~ ~. t~ Q ~ ~'epartment Herd's Signature ~ City ' Fire Rescue Departmeut ~ Department Name City Attorney / Finance / Human Resources VI.-CONSENT AGENDA ITEM C.6 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Meeting Dat¢o [] December 7, 2004 [] December 21,2004 [] January4, 2005 [] January 18,2005 NATURE OF AGENDA ITEM Date Final Form Must be Turned in to City Clerk's Office November 15, 2004 (Noon.) December 6, 2004 (Noon) December 20, 2004 (Noon) January 3, 2005 (Noon) Requested City Commission Meeting Dates February 1,2005 [] February ]5,2005 [] March 1,2005 [] March 15,2005 [] Administrative [] [] Consent Agenda [] [] Public Hearing [] [] Bids [] [] Announcement [] [] City Manager's Report Date Final Form Must be Turned in to City Clerk's Office January 17, 2005 (Noon) January 31,2005 (Noon) February 14, 2005 (Noon) February 28, 2005 (Noon? ~ Development Plans New Business Legal Unfinished Business Presentation RECOMMENDATION: Approval of an Exclusive Agreement between the City of Boynton Beach and Achieva Telecom Services, Inc., d/b/a/Talk's Cheap for installation and maintenance of a pay telephone at Oceanfront Park. EXPLANATION: A pay telephone is being installed at Oceanfront Park for the safety and convenience of the park users. Bell South removed their telephone because of lack of use; however, a public telephone must be available to the public in case of emergency. PROGRAM IMPACT: Installation of a pay telephone will not have an impact on a programmatic basis. Installation is recommended based on a safety and convenience basis. FISCAL IMPACT: Account # 001-2710-572-49-17. The installation and maintenance fee is included in this year's budget. No additional funds are necessary. ALTERNATIVES: Do not replace pay telephone. Department Head's Signature Recreation & Parks Department Name City Man~ City AtXomey / Finance / Human Resources S:\BULLETIN~FORMS\AGENDA ITEM REQUEST FORM.DOC 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 RESOLUTION NO. R05- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN EXCLUSIVE AGREEMENT WITH ACHIEVA TELECOM SERVICES, INC., D/B/A TALK'S CHEAP FOR THE INSTALLATION OF A PAY TELEPHONE AT OCEANFRONT PARK; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, a public telephone must be available to the public in case of :mergency, but due to lack of use, BellSouth has removed its telephone; and WHEREAS, the City Commission of the City of Boynton Beach, upon recommendation of staff, deems it to be in the best interests of the citizens and residents of Ihe City of Boynton Beach, to enter into an agreement with Achieva Telecom Services, Inc., d/b/a Talk's Cheap for the installation of a pay telephone at Oceanfront Park. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 1'HE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "WHEREAS" clauses are tree and correct and hereby :atified and confirmed by the City Commission. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby approve and authorize the appropriate City officials to enter into an agreement with Achieva Telecom Services, Inc., d/b/a Talk's Cheap for the installation of a pay telephone at Oceanfront Park. Section 3. This Resolution shall become effective immediately upon passage. ~:\CA\RESO~Agreements\Talk's Cheap.doc 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 PASSED AND ADOPTED this Clerk Seal) __ day of March, 2005. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Mayor Pro Tem Commissioner Commissioner ;:\CA\RESO~Agreements\Talk's Cheap.doc 5500 Military Trail, #22-336 Jupiter, Florida 33458 3anuary 27, 2005 3ody Rivers City of Boynton Beach 100 E. Boynton Beach Blvd. P.O. Box 310 Boynton Beach, FL 33425 Dear .lody: Please find enclosed two signed copies of the agreement to provide pay telephone service at Oceanfront Park. Should you have any questions regarding these please contact either .lohn Bebensee or David Tolces. Upon receipt of the executed agreement and payment we will contact 3ohn and arrange the installation. If you have any questions of me please do not hesitate to contact me directly at (877) 966-5075. We look forward to providing this service to the City of Boynton Beach at Oceanview Park. Sincerely;:':~ Peter C. Fedor President Phone: (561) 744-0157 Fax: (561) 744-2210 Toll Free: 1-800-435-9550 EXCLUSIVE AGREEMENT FOR PAY TELEPHONE SERVICE This Pay Telephone Location Agreement is made this ox9 ? day of~]~,4~,,r, ,20 o ~by and between Cit~ of Boynton Beach with its principal offices located at 100 E. Boynton Beach Blvd.~ ~ Boynton Beach~ FL 33425, hereinafter referred to as "Owner," and Achieva Telecom Services, Inc. d/b/a Talk's Cheap, hereinafter referred to as "TC,' on the following terms and conditions: 1. Owner desires pay telephone service at the locations listed in this Agreement and is willing to devote space at the locations to TC and to provide reasonable compensation to TC in return for the provision of such pay telephone service. TC is ready, willing, and able to provide pay telephone service at such locations with the cooperation of Owner. 2. Owner hereby grants TC the exclusive right to install and operate pay telephones at the locations listed herein and/or on the attached Schedule B. The following locations are subject to this Agreement: Oceanfront Park. All installations shall occur at the locations mutually agreed upon between TC and Owner as reflected above. Any changes from the locations mutually agreed to above shall be subject to negotiations between the parties and shall be reflected in an Amendment to this Agreement executed by the appropriate representatives of both parties. 3. This Agreement shall commence on the date of installation of TC's pay telephones and, subject to annual budget appropriations by the Boynton Beach City Commission, shall run for an initial period of ten (10) years. Owner may cancel this agreement at any time with 90 days advance notice. This Agreement shall renew' upon TC and Owner agreeing in writing to the terms and conditions of any future renewal period. 4. In consideration of TC's installation and maintenance of its pay telephone equipment at request of Owner, Owner agrees to pay TC an installation fee of $129.85 per pay telephone, payable at the time this Agreement is signed, and a monthly fee of $ 49.95 per pay telephone~ payable on a quarterly basis, thirty (30) days in advance ,as billed by TC. Should owner fail to make payments within thirty (30) days of the payment due date, TC shall have the right to disconnect all pay telephones installed pursuant to this Agreement and to assess Owner for the costs of disconnection and removal of said pay telephones. TC shall be responsible for payment of telephone line charges for all lines servicing these pay telephones. 5. Owner understands that TC retains the exclusive right to select all carriers for all telecommunications services associated with pay telephones installed pursuant to this Agreement and to set the rates for all calls placed from such pay telephones. Owner further understands that TC retains the right to all revenues, (including coinage~ dial around compensation~ and operator services commissions, for example) if any, generated from usage of such pay telephones. During the term of this Agreement or any renewal period, owner shall not grant the right to install, own, or operate pay telephones at any of the locations described herein to any other company or person, including the local exchange telephone company. 6. Owner agrees to notify TC promptly of any malfunction of the equipment or loss of pay telephone service and shall allow TC access to Owner's place of business during normal business hours for pay telephone maintenance, repair, collections, and other related functions. TC agrees to promptly repair or replace any defective equipment. 7. Owner shall exercise due diligence in preventing damage, destruction, vandalism, or theft to TC's equipment installed under this Agreement, but shall not be liable for such loss unless caused by Owner's willful actions or gross negligence. TC reserves the right to remove its equipment without advance notice and without liability to Owner in the event TC experiences excessive vandalism. 8. The location of the pay telephones and the space provided shall be such as to make the pay telephones available for public use and the Owner shall take no action that prevents or adversely affects the use of the pay telephones. Owner shall allow the display of signs and instructions affixed to Owner__ the equipment by TC and shall not allow any other company or person to affix other signs or instructions on the equipment. TC retains the right to affix advertisements for itself on the equipment. 9. Owner represents and warrants that s/he is the owner of the locations set forth herein or is the authorized representative of such premises owner and that s/he has full authority to enter into this Agreement and to bind Owner. If Owner is a tenant, s/he represents and warrants that s/he has obtained all necessary consents from the landlord and/or any other party with interest in the premises with respect to the installation of pay telephones. Owner further warrants that s/he has not entered into any other agreement with any other pay telephone provider for the provision of pay telephone service at the locations set forth herein. Owner agrees to provide whatever documentation may be requested by TC in furtherance of this Agreement, including, but not limited to authority to enter into this Agreement, as well as any other pay telephone agreements or records of revenue regarding previous pay telephone service. 10. In the event the Owner should sell, lease, or otherwise transfer any of the locations subject to this Agreement, Owner agrees that any such sate, lease, or transfer shall be made subject to the terms and conditions of this Agreement. 11. Owner and TC shall comply with all regulatory requirements relative to the provision of pay telephone service under this Agreement, including, but not limited to the Americans With Disabilities Act, the rules of the Florida Public Service Commission ("FPSC"), and the rules of the Federal Communications Commission ("FCC"). However, nothing herein shall require TC to make modifications to Owner's property in order to comply with such requirements. This Agreement shall at all times remain subject to such changes or modifications as the FPSC or FCC may direct from time to time, or which may be required by state or federal law. In the event that TC is required to make changes to this Agreement as the result of such regulatory requirements, TC retains the right, upon thirty (30) days notice to Owner, to change this Agreement, and Owner shall then have the right to accept such changes or to terminate this Agreement prior to the effective date of such changes. 12. TC shall install all pay telephones and associated wiring and equipment in a professional manner. Owner specifically authorizes TC to arrange for removal of any existing pay telephone equipment. Upon removal or relocation of TC's equipment, reasonable eflbrts will be made by TC to restore the Owner's site to its condition at the time of installation, normal wear and tear being the exception. Any deficiencies noted by the Owner must be brought to TC's attention within thirty (30) days of when the work was last completed. TC agrees to repair its equipment within 72 hours following receipt of notice of malfunction by the Owner. If the reason for malfunction is the result of dial tone failure, TC will report the outage to as soon as possible to the serving local exchange provider. Dial tone malfunctions will not be part of the 72 hour restoration period. 13. All pay telephones, equipment, fixtures, and other supplies shall remain the property of TC. TC shall have the right to enter the location to remove all of its property at such time as this Agreement expires or terminates. Owner hereby gives TC the authority to contact the local exchange telephone company as necessary for both installation and removal of pay telephones. Owner acknowledges that all equipment installed by TC pursuant to this Agreement remains the property of TC. 14. Owner agrees not to use or allow- others to use the phone lines or equipment in a manner not contemplated by this Agreement. 15. All notices hereunder shall be given by certified mail, return receipt requested, to the addresses specified in this Agreement for each party or as modified by any Amendments to this Agreement. 16. This Agreement shall be binding upon and inure to the benefit of Owner and TC and their respective heirs, successors, and assigns. Owner or TC may not assign or transfer this Agreement without the prior written consent of TC or owner, which shall not be unreasonably withheld. TC or Owner shall have the right to assign this Agreement without the prior consent of TC or Owner. 17. Talk's Cheap shall indemnify and hold harmless the City, its elected officials, officers and employees from and against any and all claims, demands, damages, liabilities, or causes of action of whatsoever kind or nature arising out of, or in connection with any negligent act or om!ssion,m' willful 2 Owner l'(.~ malfeasance of Talk's Cheap, its agents, or employees, pertaining to its activities and obligations pursuant to this Agreement. 18. To the extent authorized by the Constitution and laws of the State of Florida. the City shall indemnify and hold harmless Talk's Cheap against any and all claims, demands~ damages, liabilities, or causes of action of whatsoever kind or nature arising out of, or in connection with any negligent act or omission or willful malfeasance of the City, its agents, or employees, pertaining to its activities and obligations pursuant to this Agreement. 19. Each party agrees to pay all claims, losses, liens~ settlements, or judgments of any nature in connection with any injury resulting from its performance or nonperformance of its obligations pursuant to this Agreement, including but not limited to reasonable attorney's fees and costs, including paralegal expenses, at both the trial and appellate levels. Both parties agree to defend all actions brought pursuant to this provision; provided, however, that the City reserves the right to select its own legal counsel to conduct any defense in any such proceeding and to direct the defense or settlement of any such claim or suit. All costs and fees associated therewith shall be the responsibility of the party found to have committed the negligent act or omission or willful malfeasance, in the event such matter is settled at trial. Otherwise, costs and fees shall be as determined in the settlement process. Each party agrees to notify the other party as soon as that party becomes aware of any claim or action brought pursuant to this provision. 20. Neither party shall be liable in any way for delay, failure in performance, loss or damage due to force majeure or other causes beyond its reasonable control. 21. The parties agree that in the event of any dispute concerning this Agreement, they will first attempt in good faith to resolve such dispute on an informal basis. 22. This Agreement constitutes the entire Agreement between the parties and supercedes all prior offers, negotiations, and understandings and can only be changed by a written Amendment signed by the authorized representatives of both parties. This Agreement is not binding on TC until signed by one of its duly authorized officers. Any prior understandings between the parties are hereby merged into and superseded by this Agreement. 23. This Agreement shall be governed by the laws of the State of Florida and the United States and venue shall lie in Palm Beach County, Florida. 24. The addresses of the parties for purposes of any notices under this Agreement shall be: 3 Owner TC: Achieva Telecom Services, Inc., d/b/a Talk's Cheap Public Communications Administrator 5500 Military Trail, Ste 22-336 Jupiter, FL 33458 Phone (800) 715-2646 Fax (561) 744-2210 For Owner: Name: City of Boynton Beach Contact Person: Address: 100 E. Bovnton Beach Blvd., Boynton Beach, FL 33425 Phone: 561-742-6000 Fax: Email: This Agreement is hereby agreed upon and accepted by both TC and the Owner. City: Attest: Janet Prainito, City Clerk Date Approved as to Form: Office of the City Attorney City of Boynton Beach Mayor Jerry Taylor Date (Achie Peter C. Fedor Name (Printed or typed) President Title Date Owner SCHEDULE "B" TO EXCLUSIVE AGREEMENT FOR PAY TELEPHONE SERVICE City o£Boynton Beach Installation Requirements: Description: Install one pay telephone and enclosure at Oceanview Park, 6415 N. Ocean Blvd.1 Ocean Ridge~, FL 33435 Dmarc location: ~ment room in office b~ldg Phone to be installed in former location on rest room wall. Standard installation includes pay phone & booth attached to existing wiring that terminates at Dmarc. ~~ne (~$129.95 Additional phones at the same 1o~ ~99.95 ea ~ Additional Installation Requirements: Wire Installation ft. hrs $ Booth / Pedestal ---- -- _ type Total Installation Cost: First Quarter Service $ $ $ $ $ 129.95 $ 149.85 $ 279.8O Total Due With Agreement Owner ~ Ct'TY OF BOYNTON BEACH AGENDA ?TEM COVER SHEET AND CHECKLI'ST This completed cover sheet must accompany all agenda item requests. Please place check marks in the boxes as indicated. Initiating department must prepare Agenda Ttem Request Form. Submit original agenda request (with back up) and one coev of aoenda reouest (with back uo) to the City Clerk's office. ]~tems must be submitted by the deadlines indicated below. Zncomplete or late items will be returned to originating department. Requested City Deadline for Submittal to City P & D/CRA Requests Deadline Commission Meeting Clerk's Office Dates [] December 7~ 2004 (noon) November 15, 2004 December 1, 2004 (3:00 p.m.) - P & D [] December 21, 2004 (noon) December 6, 2004 December zsf 2004 (3:00 p.m.) CRA [] January 4, 2005 (noon) December 20f 2004 December 29, 2004 (3:00 p.m.) - P & D [] January 18, 2005 (noon) January 3, 2005 January 12, 2005 (3:00 p.m.) - CRA [] February 1~ 2005 (noon) January 17, 2005 January 26~ 2005(3:00 p.m ) - P & D [] February :~5, 2005 (noon) January 31, 2005 February 9~ 2005 (3:00 p.m.) - CRA [] March 1, 2005 (noon) February:IA, 2005 February 23, 2005 (3:00 p.m.) - P & D [] March :~5, 2005 (noon) February 28, 2005 March 9~ 2005 (3:00 p.m.) CRA Departments are responsible for securing the following signatures on attached Agenda Request Form: Department Head [] Wilfred Hawkins (for departments under Administrative Services) [] Finance Department (for items that involve expenditure of funds) [] All back up material is attached [] All exhibits are attached & marked (e.g., Exhibit "A'~ [] Department Head's initials: Please do not write in the shaded area below. Legal Department signature [] ITEM RETURNED FOR THE FOLLOWTNG REASON(S): Signature(s) missing [] Incomplete submittal [] Missed deadline [] Other [] Reason: City Manager's signature Person contacted to pick up rejected request by bg - 7/19/02 S:\Cib/Templates\City Mgr'vAgenda ]tern Cover Sheet Checklist Dec 7 - March 15, 2005.doc on (Date) VI.-CONSENT AGENDA ITEM D.1. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Meeting Dates [] December 7, 2004 [] December 21, 2004 [] January4,2005 [] January 18,2005 Date Final Form Must be Turned in to City Clerk's Office November 15, 2004 (Noon.) December 6, 2004 (Noon) December 20, 2004 (Noon) January 3, 2005 (Noon) Requested City Commission Meeting Dates [] February 1, 2005 [] February 15,2005 [] March 1,2005 [] March 15,2005 Date Final Form Must be Turned in to City Clerk's Office January 17, 2005 (Noon) January 31, 2005 (Noon) February 14, 2005 (Noon) February 28, 2005 (Noon) NATURE OF AGENDAITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Heating [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Please place this request on the March 1, 2005 City Commission Agenda und[¥ CoiS]~ Agenda. The Planning and Development Board recommended that the subject request be approved, subject to al~aff~ ~ comments. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ ~l; 033. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Neptune Commerce Center (NWSP 05-006) William Wietsma Company, Inc. Pelican Estates, Inc. South side of Neptune Drive, approximately 1,300 feet east of South Congress Avenue Request for New Site Plan approval for a 16,482 square foot industrial building on a 0.969-acre parcel in a M-1 zoning district. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A D evelol~i~nt~) element l~i~ec~r '/i~y Manager s Signature Planning and Z~i~g Director City Attorney / Finance / Human Resources SAPIanning\SHARED\WP~PROJECTS\Neptune Commerce Ctr\NWSP 05-006~Agenda Item Request Neeptune Commerce Cfr NWSP 05-006 3-1-05.dot S:~BULLETIN\FORMS~AGENDA ITEM REQUEST FORM.DOC TO: THRU: FRO M: DATE: PROJECT NAME/NO: REQUEST: DEVELOPMENT DEPARTMENT PLANNZNG AND ZONZNG DZV/SZON MEMORANDUM NO. PZ 05 - 033 STAFF REPORT Chair and Members Planning and Development Board Michael Rumpf~' Planning and Zoning Director Ed Breese Principal PlanneK February 10, 2005 Neptune Commerce Center / NWSP 05 - 006 New Site Plan Property Owner: Applicant: Agent: Location: Existing Land Use/Zoning: Proposed Land Use/Zoning: Proposed Use: Acreage: Adjacent Uses: North: South: East: PROJECT DESCRiPTiON Pelican Estates, [nc. William Wietsma Company, Inc. William Wietsma South side of Neptune Drive, approximately 1,300 feet east of South Congress Avenue (see Exhibit "A" - Location Map) Industrial (D / Light Industrial (M-l) No change proposed Request new site plan approval for a 16,,t82 square foot industrial building on a 0.969-acre parcel. 0.969-acres Right-of-way for Neptune Drive, then farther north developed industrial property (Advanced Fabricators) zoned Light industrial (M-l); 1D)~veloped industrial property (Bethesda Service Center) zoned Light Industrial (M- Developed industrial property (office/warehouses complex) zoned Light Industrial (M-l); and Staff Report - Neptune Commerce Center (NWSP 05-006) Memorandum No PZ 05-033 Page 2 West: Developed industrial property (Finnish Granite) zoned Light Industrial (M-l). Project size: The project consists of a one-story, 16,482 square foot industrial building. Site Characteristic: The subject parcel is a rectangular piece of land approximately 281 feet long and approximately 150 feet wide. The parcel is situated approximately 1,300 feet east of Congress Avenue. The survey shows that the highest elevation is 14.5 feet above sea level, located near the center of the property. Proposal: Pelican Estates, Inc. proposes to construct a 16/t82 square foot industrial building on a 0.969-acre parcel. Concurrency: Traffic: Drainage: School= A traffic concurrency approval letter has been received from Palm Beach County Traffic Engineering with the build-out year reflected as 2005. Conceptual drainage information was provided for the City's review. The Engineering Division has found the conceptual information for the subject property to be adequate and is recommending that the review of specific drainage solutions be deferred unUI time of permit review (see Exhibit "C" - Conditions of Approval). This project is exempt from the school concurrency requirements of Palm Beach County. Driveways: The subject property fronts on Neptune Drive, approximately 1,300 feet east of Congress Avenue. Proposed on-site circulation consists of one driveway near the northwest corner of the property, which provides access to the front of all of the warehouse bays. Parking Facility: Landscaping: Parking required for this type of facility is based on the ratio for manufacturing uses of one (1) parking space per 500 square feet, for a total of 33 parking spaces. The plan as designed accommodates 33 parking spaces, including 3 handicap spaces. The typical parking spaces are dimensioned 9.5 feet x 18.5 feet, with the handicap spaces shown as 12 feet x 18.5 feet with the associated 5 foot striped aisle. Additionally there are three (3) dedicated loading zones. The proposed pervious or "green" area of the lot would be 10,007 square feet or 23.7% of the total site. The landscape plan tabular data (Sheet L-l) indicates that 26 trees, 29 palms and 966 shrubs and groundcover are being provided. Typical trees being utilized in the planting scheme include Live Oak, Pidgeon Plum and Clusia Rosea along with Sabal and Solitaire palms. Shrub materials selected for the site include Cocoplum, Ixora and Seagrape. Two signature trees are proposed to be planted at the entrance. Approximately 67% of the proposed trees are native and 54% of the shrubs and groundcover depicted are native. The proposed buffers Staff Report - Neptune Commerce Center (NWSP 05-006) Memorandum No PZ 05-033 Page 3 Building and Site: Design: Signage: meet code regulations and are consistent with surrounding sites (15 feet on the front and east side, 20 feet rear and 5 feet on the west side). Building and site regulations will be fully met when staff comments are incorporated into the permit drawings. The proposed one-story industrial building would have a typical roof height of 27 feet - ,~ inches, measured to the top of the crown molding on the average parapet wall. The maximum allowed height in the H-1 zoning district is 45 feet. Sheet A-03 provides an illustration of the building facades, with scored panels, decorative trims and awnings, and decoraUve Iouvered vents. The building is proposed to be separated into five (5) individual bays, each with a small office and mezzanine, and a total of approximately 3,200 square feet. The color rendering indicates that the building would be designed as a typical industrial building, including the fa(;ade improvements discussed above. The body of the building would be painted a soft yellow color (Martin Senour Paints - "Canary" 1,t,t-6 WVV). The storefront facades are proposed to be painted a softer yellow (Martin Senour Paints - "Southern Belle" lZ1~t-7 WW). The cornice molding and decorative banding of the building are proposed to be painted a standard white. The shutters, storefront window frames, Iouvered vents and downspouts are proposed to be painted a hunter green (Martin Senour Paints - "Shutter Green" 325-10L). The building style, materials and colors would not conflict with surrounding development, which is comprised of a number of individual styles. The site signage, according to Sheet A-03, will be a monument sign six (6) feet tall, by ten (10) feet in width, designed to be compatible with the character of the .building. The sign as proposed complies with code regulations. The monument sign ~s proposed to have individual black aluminum letters, with the center name in seven (7) inch and the tenant names in three (3) inch letters. The tenant lettering on the building is designed to be the same individual black letters, six (6) inches high, and non-illuminated. The Technical Review Committee (-FRC) has reviewed this request for new site plan approval. Staff recommends approval, contingent upon all comments Indicated in Exhibit "C" - CondiUons of Approval. The Technical Review Committee ('I'RC) recommends that the deficiencies idenUfied in this exhibit be corrected on the set of plans submitted for building permit. Also, any additional conditions recommended by the Board or City Commission shall be documented accordingly in the Conditions of Approval. EXHIBIT A Neptune Commerce Center Site Plan Approval 18TH 0 220 440 880 1,320 1,760 EXHIBIT B --r-,-~--~_~ ~,~----'~Jt~l~ L J [ 't ~ '[ [ ' i il ,, WILLIAM WI~M~ EXHIBIT B ill tt ? "' ii ! ill ~i . EXHIBIT B iJJJJJ ~I~ ~,~ ,, ,, , r.~ ,~ ~ .~ ili , ~ I , ~ I JJJjJj I ,~ l~~~ WILLIAM WIE~M& Are~Rect EXHIBIT b ! EXHIBIT "C" Conditions of Approval Project name: Neptune Commerce Center File number: NWSP 05-006 Reference: nd · . . marking. 2 review plans ~dent~fied as a New Site Plan with a February 1, 2005 Planning & Zoning date stamp DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: 1. Please provide a timeline that clearly illustrates when water and sewer X services will be required to serve the proposed project. Your starting date for the timeline should be the date of City ConmUssion 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. 2. All utility easememts and utility lines shall be shown on the site plan and X landscape plans (as 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 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. 3. Palm Beach County Health Department permits will be required for the X water and sewer systems serving this project (CODE, Section 26-12). 4. The CODE, Section 26-34(E) requires that a capacity reservation fee be X paid 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. 5. A building permit for this project shall not be issued until this Department X has approved the plans for the water and/or sewer improvements required to service this project, in accordance with the CODE, Section 26-15. Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT 6. Utility construction details will not be rewewed 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: 7. Site addresses shall be placed conspicuously on the front of the structure, so X the numbers can be seen plainly from the street. Numbers used for residences shall be not less than four inches in height and shall be made ora durable and visible material. Numbers used for commercial and industrial buildings shall not be less than six inches in height. (City Ordinance Chapter 20 Section 16.) 8. Emergency access shall be provided at the start of a project and be X maintained throughout construction per the Florida Fire Prevention Code, Section 3-5, and NFPA 241, (1996) Safeguarding Construction, Alteration, and Demolition Operations, Section 5-4.3. 9. Fences and gates shall meet City Ordinance 98-45,2,12-1-98; Available at X Fire Marshal's Office (Plans Review) 10. Prior to Fire Department inspections, new construction projects must X provide the results of a hydrant flow test indicating a fire flow not less that 1500 gallons per minute ~ 20 p.s.i, above domestic use. This applies to new or existinl~ hydrants within the required 200 fl. of the facility. 11. Emergency access roadways must be firm and unyielding, having a bearing X value of not less than 40 (i.e. LBR 40), compacted to 98% of the maximum density as determined by AASHTO T180, in accordance with the FDOT Standard Specifications for Road and Bridge Construction (2000) Division II, Section 160, STABILIZING. A copy of the test results shall be provided and accepted prior to above grade construction. Testing frequency shall not be less than that specified in the FDOT Sampling, Testing and Reporting Guide, or as required by the Fire Marshal. The roadway shall be maintained free from ruts, depressions, and damage, and at the required bearing value for the duration of it's intended use. POLICE Comments: None X ENGINEERING DIVISION Comments: 12. All comments requinng changes and/or corrections to the plans shall be X reflected on all appropriate sheets. DEPARTMENTS INCLUDE REJECT 13. It may be necessary to replace or relocate large canopy trees adjacent to light X fixtures to eliminate future shadowing on the parking surface (LDR, Chapter 23, Article II, Section A.l.b). 14. Trees are proposed in close proximity to the dumpster. They will need to be X relocated to provide vertical clearance for solid waste pickup. 15. Full drainage plans, including drainage calculations, in accordance with the X LDR, Chapter 6, Article IV, Section 5 will be required at the time of permitting. 16. 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. BUILDING DIVISION Comments: 17. Please note that changes or revisions to these plans may generate additional X comments. Acceptance of these plans during the TRC process does not ensure that additional comments may not be generated by the commission and at permit review. 18. Buildings, structures and parts thereof shall be designed to withstand the X minimum wind loads of 140 mph. Wind forces on every building or structure shall be determined by the provisions of ASCE 7, Chapter 6, and the provisions of 2001 FBC, Section 1606 (Wind Loads). Calculations that are signed and sealed by a design professional registered in the state of Flor/da shall be submitted for review at the time of permit application. 19. 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 (pst) on the plans for the building design. 20. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 21. 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. 22. A water-use perrmt from SFWMD is required for an irhgation 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. 23. 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 Comrmssion-approved site plan. Conditions of Approval 4 DEPARTMENTS iNCLUDE REJECT 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) 24. 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 o£ permit application submittal. The plans must incorporate all the conditions of approval as listed in the development order and approved by the City Commission. 25. 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 Comments: None X FORESTER/ENVIRONMENTAl Comments: 26. Place triple/double Montgomery Palms where single trees are shown on the X plan to break up the expanse of the building. PLANNING AND ZONING Comments: 27. All tenant sign letters on the building and monument sign shall be black, X consistent with the color depicted on the drawings, since no written description was provided. 28. Indicate the planting of St. Augustine sod in the swale area with appropriate X irrigation. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: DEPARTMENTS REJECT 1. To be determined. S:\Planning\SHARED\WP\PROJECTS\Neptune Commerce CtrXNWSP 05-006\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Neptune Commerce Center APPLICANT'S AGENT: William Wietsma APPLICANT'S ADDRESS: 25 Seabreeze Avenue, Suite 304, Delray Beach, FL 33483 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: March 1, 2005 TYPE OF RELIEF SOUGHT: Request New Site Plan approval for a 16,482 square foot industrial building in an M-1 zoning district. LOCATION OF PROPERTY: South side of Neptune Drive, approximately 1,300 feet east of Congress Avenue DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THiS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Applicent's application for relief is hereby GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:\Planning\SHARED\WP\PROJECTS\Neptune Commerce Ctr~NWSP 05-006\DO.doc VI.-CONSENT AGENDA iTEM F. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Meeting Dates [] December 7, 2004 [] December 21.2004 [] January 4, 2005 [] January 18, 2005 Date Final Form Must be Turned in to City Clerk's Office November 15, 2004 (Noon.) December 6, 2004 (Noon) December 20, 2004 (Noon) January 3. 2005 (Noon) Requested City Commission Meeting Dates [] February 1, 2005 [] February 15, 2005 [] March 1, 2005 [] March 15,2005 Date Final Form Must be Turned in to City Clerk's Office January l7, 2005 (Noon) January31,2005(Noon) February l4,2005 (Noon) February28, 2005(Noon) NATURE OF AGENDAITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Return cash bond of $ 880.00 to Pemberton Building, Inc. for the project known as Starbucks Coffee.:. EXPLANATION: On January 4, 2005, the Building Division sent to the Finance Department a cash bond of $ 880.00 for the completion of the permitted work for the project known as Starbucks Coffee located at 306 N. Congress Avenue. The work has been completed and the Certificate of Occupancy was issued on January 25, 2005. PROGRAM IMPACT: None FISCAL IMPACT: None ALTERNATIVES: ~ . Quintus C. ~3i~en~, l~evelop-ment l~irector Development Department Department Name City Attorney / Fina~de-/Human ~.esources S:\BULLETIN\FORMS~AGENDA ITEM REQUEST FORM.DOC Pemberton Building Inc. February 2, 2005 1209 Gateway Rd., Suite 209 Lake Park, FL 33403 Phone: 561-842-5137 Fax: 561-842-4985 Don Johnson Chief Building official City of Boynton Beach Building Department 100 East Boynton Beach Boulevard Boynton Beach, Florida 33425-6350 RE: Starbucks Coffee 306 N. Congress Ave. Boynton Beach, FL 33426 Building Permit No. 04-00004414 Dear Mr. Johnson: On January 1, 2005 Pemberton Building delivered a cash performance bond in the amount of Eight Hundred, Eighty Dollars, ($880.00) as one of the conditions for receiving a PARTIAL CERTIFICATE OF OCCUPANCY, for the above. On January 25, 2005 a PERMANET CERTIFICARE OF OCCUPANCE was issued. This is a request for reimbursement. R~, ~ yours, td Pick Quali~.er ENCLOSURES D~EPARTMENT OF DEVELOPMENT EXHIBIT "A" CITY OF BOYNTON BEACH P.O. BOX 310 BOYNTON BEACH FL 33425 CERTIFICATE OF OCCUPANCY PERMANENT Issue Date ...... 1/25/05 Parcel Number ..... Property Address Subdivision Name Legal Description . Property Zoning .... 08-43-45-29-02-000-0020 306 N CONGRESS AVE BOYNTON BEACH FL 33426 29-45-43 PB7 P20 W 260 FT OF LT 2 & N 43.6 FT OF W 260 FT OF LT 3 (LESS W 60 FT SR 807 R/W & SR 804 COMMUNITY COMMERCIAL Owner ......... GKK CONGRESS LTD Contractor PEMBERTON BUILDING, INC. 561 842-5137 Application number Description of Work Construction type Occupancy type .... Flood Zone ...... Special conditions Approved 04-00004415 000 000 INTERIOR COMPLETION TYPE IV/UNPROTECTED BUSINESS STARBUCKS COFFEE cial VOID UNLESS SIGNED BY BUILDING OFFICIAL I DEPARTMENT OF DEVELOPMEN] EXHIBIT "B" DEPARTMENT OF DEVELOPMENT BUILDING DIVISION MEMORANDUM NO. 05-001 TO: FROM: DATE: SUBTECT: Bill Mummert, Director of Financial Services Johnson, Building Official~'~ Don January 4, 2005 CASH BOND - STARBUCKS COFFEE - 306 N. CONGRESS AVE. Attached is $ 880.00 cash from Pemberton Building, Inc. This is a cash surety for the project known as Starbucks Coffee and is to be held until all outstanding issues of their temporary Certificate of Occupancy are completed. This should occur within 30 days. Upon completion of the deficiencies of the permit and the issuance of the final Certificate of Occupancy, the surety will be returned. DJ:rs Attachments/letter from Robert H. Burke, Jr., AIA, NCARB and check XC: Timothy K. Large, Building Code Administrator Permit File # 04-4415 EXHIBIT "C" S:'d)evelopment~BUILDINGhMemos~Cash Bonds - 2005~Starbucks Coffee 044415,doc burke, hogue & mills associates, inc. www.burkehoguemills,corn lO0 Colonial Center Parkway, Suite 150 Lake Mary, Flodda 32746 VOICE: 407.629.451 J F ^ X : 407.629.9070 December 30, 2004 Chief Building Official City of Boynton Beach Building Department 100 E. Boynton Beach Blvd. Boynton Beach, FL 33425-6350 561-742-6350 Permit No. 04-00004415 Request for a TCO Starbucks Coffee architecture & interior design PrincipoJs Roberl H. Burke, Jr., AIA, NCARB Carnala McCarier Hogue Deborah L. Rusnock, SDAJC Gory P. Marchese, PE. Robert M. Hogue Jam/W. MJB Associates Aranya Mom Stephanie D. Weckle¢ ASlD This letter is to certify that the building for Starbucks Coffee Company located at the Northeast comer of Boynton Beach Blvd and Congress Ave. is complete with the exception of a Test and Balance of the HVAC system. The value of this work is $800.00 and it will be performed in accordance with the General Contractor's contract. If there are any questions, please do not hesitate to contact me at one of the following phone numbers. Office: 407-629-4511 x 302 Cell: 407-376-2316 Respectfully, Inc. Robert H. Burke, Jr., Al.A, NCARB CEO Cc: Chuck Longdon, SiteData, Inc. EXHIBIT "D" Iuc'~'/~'HI ENT OF DEVELOPMENT CITY OF BOYNTON BEACH Boynton Beach, Florida DEPARTMENT FOR DATE EXHIBIT "E" CITY OF BOYNTON BEACH AGENDA ITEM COVER SHEET AND CHECKLIST This completed cover sheet must accompany all agenda item requests. Please place check marks in the boxes as indicated. Initiating department must prepare Agenda Item Request Form. Submit original agenda request (with back up) and one ¢oov of aoenda request (with back UP) to the City Clerk's office. Items must be submitted by the deadlines indicated below. Zn¢omplete or late items will be returned to originating department. Requested City Deadline for Submittal to City P & D/CRA Requests Deadline Commission Meeting Clerk's Office Dates [] December 7, 2004 (noon) November 15, 2004 December 1, 2004 (3:00 p.m.) - P & D [] December 21, 2004 (noon) December 6, 2004 December 15, 2004 (3:00 p.m.) CRA [] _lanuary 4, 2005 (noon) December 20, 2004 December 29, 2004 (3:00 p.m.) - P & D [] January 18, 2005 (noon) .lanuary 3, 2005 January 12, 2005 (3:00 p.m.) - CRA [] February 1, 2005 (noon) January 17, 2005 3anuary 26, 2005(3:00 p.m ) - P & D [] February 15, 2005 (noon) January 31, 2005 February 9, 2005 (3:00 p.m.) - CRA [] March 1, 2005 (noon) February14, 2005 February 23, 2005 (3:00 p.m.) - P & D [] March 15, 2005 (noon) February 28, 2005 March 9, 2005 (3:00 p.m.) CRA Departments are responsible for securing the following signatures on attached Agenda Request Form: Department Head [] Wilfred Hawkins (for departments under Administrative Services) [] Finance Department (for items that involve expenditure of funds) [] All back up material is attached [] All exhibits are attached & marked (e.g., Exhibit "A'~ [] Department Head's initials: Please do not write in the shaded area below. Legal Department signature [] ¥1'EM RETURNED FOR THE FOLLOWING REASON(S): Signature(s) missing [] Incomplete submittal [] Missed deadline [] Other [] Reason: City Manager's signature Person contacted to pick up rejected request by bg - 7/:~9/02 S:\Cib/Templates\Cib/r~gr~genda Ttem Cover Sheet Checklist Dec 7 - I~larch 1S, 2005.doc on .(Date) VL-CONSENT AGENDA ITEM G.. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Requested City Commission Meeting Dates Date Final Form Must be Turned in to City Clerk's Office [] December 7, 2004 [] December 21,2004 [] January4.2005 November 15, 2004 (Noon.) December 6, 2004 (Noon) December 20, 2004 (Noon) [] February 1, 2005 [] February 15, 2005 [] March I, 2005 January 17, 2005 (Noon) January 31,2005 (Noon) February 14, 2005 (Noon) [] JanuaDlS, 2005 NATURE OF AGENDAITEM January 3, 2005 (Noon) [] Ma~ch I5, 2005 February 28, 2005 (Noon) [] Administrative [] Development Plans tm [] Consent Agenda [] New Business t [] Public Hearing [] Legal --a [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report '~' RECOMMENDATION: Return cash bond of $10,420.00 to Charles Jesse Medrano for the project known as Boynton Place (shell and Vitamin Shoppe). EXPLANATION: On December 28, 2004, the Building Division sent to the Finance Department a cash bond of $10,420.00 for the completion of the permitted work for the project known as Boynton Place (shell building and Vitamin Shoppe) located at 310 and 302 North Congress Avenue. The work has been completed and the Certificate of Occupancy was issued on January 25, 2005. PROGRAM IMPACT:None FISCAL IMPACT: None ALTERNATIVES: None Quintus L GreelY,, l~elvel~p-ment Dire-ctur Development Department Department Name City Attorney / Finahce / Humah Resources S:\BULLETIN\FORMS~AGENDA ITEM REQUEST FORM.DOC February 1, 2005 Don Johnson, Building Official Departmem of Development / Btfilding Division City of Boynton Beach 100 East Boynton Beach Boulevard Post Office Box 310 Boynton Beach, FL 33425-0310 Re: Permit ti 0400002059 and Permit ti 04-00002845 Boynton Place 310 North Congress Avenue Boynton Beach Dear Mr. Johnson: The above-referenced project is now complete, the Certificate of Occupancy and Certificate of Completion (copies of which are enclosed) have been issued. We are hereby requesting the return of our Cash Surety Bond in the sum of $10,420.00. Thank you for your assistance in this matter. Should you require additional information, please do not hesitate to contact me. Sincerely, CHARLES MEDRANO CM/jr Enclosures 4000 S.W. 30TH AVENUE · FORT LAUDERDALE, FLORIDA 33312 MAIN: (954) 583-9625 · FAX: (954J 583-9949 e-mail: mail@oakconstruction.com CITY OF BOYNTON BEACH P.O. BOX 310 BOYNTON BEACH FL 33425 CERTIFICATE OF COMPLETION PERMANENT Issue Date ...... 1/25/05 Parcel Number ..... Property Address Subdivision Name Legal Description Property Zoning .... 08-43-45-29-02-000-0020 310 N CONGRESS AVE BOYNTON BEACH FL 33426 29-45-43 PB7 P20 W 260 FT OF LT 2 & N 43.6 FT OF W 260 FT OF LT 3 (LESS W 60 FT SR 807 R/W & SR 804 COMMUNITY COMMERCIAL Owner ......... GKK CONGRESS LTD Contractor ...... OAK CONSTRUCTION 954 583-9625 Application number Description of Work . Construction type . Occupancy type .... Flood Zone ...... Special conditions SHELL Approved 04-00002059 000 000 COMMERCIAL BUILDING TYPE IV/UNPROTECTED MERCHANTILE A-7 FLOOD ZONE Bu~ing - Official VOID UNLESS SIGNED BY BUILDING OFFICIAL EXHIBIT "B' CITY OF BOYNTON BEACH P.O. BOX 310 BOYNTON BEACH FL 33425 CERTIFICATE OF OCCUPANCY PERMANENT Issue Date ...... 1/25/05 Parcel Number ..... Property Address Subdivision Name Legal Description Property Zoning .... 08-43-45-29-02-000-0020 302 N CONGRESS AVE BOYNTON BEACH FL 33426 29-45-43 PB7 P20 W 260 FT OF LT 2 & N 43.6 FT OF W 260 FT OF LT 3 (LESS W 60 FT SR 807 R/W & SR 804 COMMUNITY COMMERCIAL Owner ......... GKK CONGRESS LTD Contractor ...... OAK CONSTRUCTION 305 821-6770 Application number Description of Work Construction type Occupancy type .... Flood Zone Special conditions VITAMIN SHOPPE Approved 04-00002845 000 000 INTERIOR COMPLETION TYPE IV/UNPROTECTED BUSINESS ....... ~~~_.- ~uild'n~'Official VOID UNLESS SIGNED BY BUILDING OFFICIAL EXHIBIT "C" DEPARTMENT OF DEVELOPMENT BUILDING DIVISION MEMORANDUM NO. 04-296 TO: FROM: DATE: SUBJECT: Bill Mummert, Director of Financial Services Don Johnson, Building Official December 28, 2004 CASH BOND - BOYNTON PLACE (Shell & Vitamin Shoppe) 302 and 310 NORTH CONGRESS AVENUE Attached is a Cashier's Check for $10,420.00 from Charles Jesse Medrano. This is a cash surety for Boynton Place (shell building and Vitamin Shoppe) and is to be held until all outstanding issues of their temporary Certificate of Occupancy are completed. This should occur within 30 days. Upon completion of the deficiencies of the permit and the issuance of the final Certificate of Occupancy, the surety will be returned. DJ:rs Attachments/letter from William Joe Fisher, Jr., A.I.A., NCARB and check XC: Timothy K. Large, Building Code Administrator Permit File #'s 04-2059 and 04-2845 EXHIBIT "D" S:\Development~BUILDINGkMemos\Cash Bonds - 2004~Boynton Place 04-2059, 04-2845.doc ~02000q?gm: &8009521,~21,&?,., CITY OF BOYNTON BEACH .~ 3-8,81 Boynton Beach. Florida ~~[¥.~ / ~ _~~ 20~ EXHIBIT "E" FISHER SD S!0CIflIES, I C. ~ A ~:tt ~.~ b.I I T~c:'r ~ F~L.A N N~te~ December 22, 2004 Mr. l~n Johz~son, Building Official City of Boynton Beach Building Department 100 East Boynton Beach Boulevard Boynton Beach, FL 33465 Re: Boynton Place at 302, 306 & 310 North Congress Ave., Permit #'s 04-2059 & 04-2845 Dear Mr. Johnson: As ~rchiteet of Record for the R~ail Shops at Boynton Place, we are 'able to certify that to the best of our knowledge and belief the project has been completed in accordance with the above mfereneex.1 Permit Documents, with the following exceptions: I. 6 exterior "carriage lights" have not been installed. (6 fixtures at $250.00 each) -~ $1,500.00 2. Landscaping h~s not been completed. ($972.50 worth of material and labor) = $972.50 3. Thc g,~es to the trash enclosure have, not been instal/ed. ($3,000,00 worth of material and la~r) = $3,000.00 4. The installation of the eqping at the:rpof parapets has not bccn completed. ($3,000.00 worth of material and labor) = $3,000.00 5. Miseell~eo~q "cosm~ic" punch list.items. ($1.000.00 worth of materiE and labor] = $1 ,gO0.00 Total Value of Outstanding Punch-List items = $9,4-72.50 The value of work to bc completed plus 10% would equate to $10,420.00. f any questions remain regarding the Amh~tectur'al portion of thi.q project, please do ..-* '.,.n6f"~sit~q,to contact mc. ' -' %~:* ' ~.., '"' ,~g A~iat~, Inc. ~R0010~ ,44 2315 B~LEAIR ROAD * CIZ,~RWAILft I't 33764 44,~-~ · FAX (~2~ 5,?t-~5~q · ~vvnzJi~t~gt;~lc~ilect$,co/~ EXHIBIT "F" CZTY OF BOYNTON BEACH AGENDA I'TEM COVER SHEET AND CHECKLI'ST This completed cover sheet must accompany all agenda item requests. Please place check marks in the boxes as indicated. 1Initiating department must prepare Agenda Item Request Form. Submit original agenda request (with back up) and one coov of aoenda reouest (with back up) to the City Clerk's office. Items must be submitted by the deadlines indicated below. ]Incomplete or late items will be returned to originating department. Requested City Deadline for Submittal to City P & D/CRA Requests Deadline Commission Meeting Clerk's Office Dates [] December 7~ 2004 (noon) November 15~ 2004 December 1~ 2004 (3:00 p.m.) - P & D [] December 21~ 2004 (noon) December 6~ 2004 December 15, 2004 (3:00 p.m.) CRA [] January 4, 2005 (noon) December 20, 2004 December 29~ 2004 (3:00 p.m.) - P & D [] January 18, 2005 (noon) January 3~ 2005 January 12~ 2005 (3:00 p.m.) - CRA [] February 1~ 2005 (noon) January 17, 2005 January 26~ 2005(3:00 p.m ) - P & D [] February 15~ 2005 (noon) January 31, 2005 February 9, 2005 (3:00 p.m.) - CRA [] March 1, 2005 (noon) February14~ 2005 February 23, 2005 (3:00 p.m.) - P & D [] March 15, 2005 (noon) February 28, 2005 March 9, 2005 (3:00 p.m.) CRA Departments are responsible for securing the following signatures on attached Agenda Request Form: Department Head [] Wilfred Hawkins (for departments under Administrative Services) [] Finance Department (for items that involve expenditure of funds) [] All back up material is attached [] All exhibits are attached & marked (e.g., Exhibit "A'~ [] Department Head's initials: Please do not write in the shaded area below. Legal Department signature [] ITEM RETURNED FOR THE FOLLOWTNG REASON(S): Signature(s) missing [] Incomplete submittal [] Missed deadline [] Other [] Reason: City Manager's signature Person contacted to pick up rejected request by bg - 7/19/02 S:\Cib/Templates\City Mgr~Agenda Item Cover Sheet Checklist Dec 7 - March 15, 2005.doc on .(Date) VI'.-CONSENT AGENDA I'TEM H. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Requested City Commission Meeting Dates Date Final Form Must be Turned in to City Clerk's Office [] December 7, 2004 November 15, 2004 (Noon.) [] February 1,2005 January l7, 2005 (Noon) [] December 21,2004 December 6, 2004 (Noon) [] February 15, 2005 January31,2005(Noon) [] January4,2005 December 20, 2004 (Noon) [] March 1,2005 February 14, 2005 (Noon) [] January l8,2005 NATURE OF AGENDAITEM January 3, 2005 (Noon) [] March 15, 2005 February 28, 2005 (Noon) [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal ~ [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Please place this request on the March 1, 2005 City Commission Agenda under Consent Agenda. This is a City-initiated request for the designation of three locations listed below as Constrained Roads at a Lower Level of Service (CRALLS). The approval of this request will initiate the CRALLS designation process by Palm Beach County and would ultimately result in the amendment to the Palm Beach County Comprehensive Plan. Staff recommends that this request be approved in conjunction with the approval of the Boynton Village/Town Center rezonings. EXPLANATION: Staff is currently evaluating traffic impact from the proposed Boynton Town Center and Boynton Village Developments located on the east side of Congress Avenue and north of Old Boynton Road to the C-16 Canal. The Developer has received a concurrency letter from Palm Beach County Traffic Staff dated February 1, 2005 that details a number of off-site roadway improvements that, according to the Traffic Performance Standards in Article 12 of the Palm Beach County Land Development Code, are required to support the proposed development. Unfortunately, many of the required improvements will be exceedingly difficult to construct because of the lack of sufficient right-of-way. The construction would require the acquisition of additional right-of-way from a number of private properties near the proposed development. Furthermore, the acquisition of property, and construction of the proposed improvements, would have a negative impact on the remaining properties by reducing building setbacks, potentially reducing available parking, and by degrading the overall appearance of the property when viewed from the public roadway. Because of these issues, alternative solutions such as CRALLS designation must be explored to allow for the aforementioned development to proceed, if approved on February 15, 2005. Without the specified improvement or the CRALLS designation the project cannot fully proceed as detailed in the proposed site plan. PROJECT: AGENT: LOCATIONS: CRALLS for Boynton Village/Town Center City-initiated 1. Intersection of Old Boynton Road and Congress Avenue 2. A segment of Old Boynton Road between Congress Avenue and Boynton Beach Boulevard 3. Intersection of Gateway Boulevard and Congress Avenue G:\CDD~Agenda Item Request CRALLS.dot CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: If CRALLS designation is obtained, the project would be granted traffic concurrency without certain road improvements, and a reduced Level of Service will be established for the above listed locations. The extent of the Level of Service reduction will be proposed later in the CRALLS process; ultimately, it will be determined by the Palm Beach County Commission. None Not to initiate the CRALLS process thereby requiring all corresponding improvements. · De~[pmen~Depa~x~ent Director Phnnihg and Z~l~irector City Attorney / Finance / Human Resources G:\CDD~Agenda Item Request CRALLS.dot Februa~ 1,2005 Department of Engineering and Public Works EO. Box 21229 Palm Beach. FL 33416o1229 (561) 684-4000 www. pbcgov, com ~ Beach ~ounty Board of Count~ CommtsMonel~ Tony M~ilo~i. Ch~rm~ ~e L. Gr~ne, Vice Ch~rpe~n Jeff Hoons ~ren H. Newell Ma~ McCa~ County Administrator .DEPARTMENT OF DEVELOPME N'~ ,4fflrma~eAc~nEmp~y~' Mr. Michael W. Rumpf Director of Planning & Zoning Department of Development City of Boynton Beach P.O. Box 310 Boynton Beach, FL 34425-0310 RE: Winchester Property.. - (Boynton Town Center & Boynton Village) TRAFFIC PERFORMANCE STANDARDS REVIEW Dear Mr. Rumpf: The Palm Beach County Traffic Division has reviewed the traffic study and responses to comments for the proposed project entitled; Winchester Property, comprised of two planned developments called; Boynton Town Center & Boynton Village, pursuant to the Traffic Pedormance Standards in Article 12 of the Palm Beach County Land Development Code. This project is summarized as follows: Location: Municipality: Existing Uses: Proposed Uses: New Dally Trips: New PH Trips: Build-out Year: East of Congress Ave., North of Old Boynton Road. Boynton Beach None 1,120 MF Residential Units (Condominiums), 399,000 SF General Retail, 10,000 SF General Office. 16,584 603 Am and 1,357 PM 2008 Based on our review, the Traffic Division has determined that the proposed mixed-use project meets the Traffic Performance Standards of Palm Beach County, under the following conditions: · No building permits for more than 190 new external PM peak hour trips until construction beginS for addition of third WB and ES through lanes on both approaches of Gateway Boulevard at the intersection of Congress Aven,,e. No building permits for more than 461 new external PM peak hour trips until construction begins for addition of NB dual left-turn lanes with proper receiving lanes, or adoption of appropriate.CRALLS, for the intersection of Old Boynton Road and Congress Avenue. No building permits for more than 733 new external PM peak hour trips until construction begins for addition of exclusive EB dual left-turn lanes with appropriate receiving lanes, or adoption of appropriate CRALLS at the intersection of Old Boynton Road and Congress Avenue. No building permits for more than 896 new external PM peak hour trips until construction begins for addition of an exclusive EB right-turn lane at the intersection of Gateway Boulevard and Congress Avenue~ No building permits for more than 963 new external PM peak hour trips until construction begins for 5-1aning of Old Boynton Beach Boulevard, from Congress Avenue to Boynton Beach Boulevard, or adoption of appropriate CRALLS, for all or some links along the artedal segment. No building permits for more than 1,018 new extemal PM peak hour tdps until construction begins for addition of an exclusive SB right-turn lane or adoption of appropriate CRALLS, at the intersection of Gateway Boulevard and Congress Avenue. No building permits for more than 1,181 new external PM peak hour trips until construction begins for addition of exclusive SB dual left-turn lanes at the intersection of Old Boynton Road and Boynton Beach Boulevard. No building permits for more than 1,208 new external PM peak hour trips until construction begins for 6-1aning of Congress Avenue, from Lantana Road to Hypoluxo Road. No building permits for more than 1,348 new external PM peak hour trips until construction begins for 6-1aning of Congress Avenue, from Lantana Road to Melaleuca Lane. · Exclusive turn lanes are required the following project access locations, where not available: SBL and NBR turn lanes along Congress Avenue at the north-most project access driveway. SBL turn lane along Congress Avenue at the middle project access driveway. NBR turn lane along Congress Avenue at the south-most project access driveway. Within six (6) months from the date of municipal development order, the developer must enter into a Public Facilities Agreement (PFA) with Palm Beach County to fund and/or to construct any and all improvements that are not "Assured Construction" as the term is defined by the Traffic Performance Standards Ordinance. The PFA must be in a form acceptable to the Country Engineer. The municipality shall not issue any building permits associated with the project unless and until the PFA has been approved by the Board of County Commissioners. No building permits are to be issued by the City, after the build-out date specified above. The County traffic concurrency approval is subject to the Project Aggregation Rules set forth in the Traffic Performance Standards Ordinance. The following are suggested to the City of Boynton Beach: Consider implementation of traffic circulation mitigation measures identified in the "Central Boynton Beach Regional Traffic Circulation Study" which has been required from the consultant. This report is targeted to identify peak hour operational problems and identify improvements, which includes extension of storage lengths at exclusive turn lanes at all intersections within the project area of influence. Because of the high forecasted volumes for Gateway Boulevard, and the proposed mitigations necessary for this approval, it is suggested for the City to look into 6-1aning of Gateway Boulevard, from Congress Avenue to High Ridge Road. · Due to the high forecasted peak hour volumes, provision of the following intersection turn-lanes are suggested where possible: SBR at the intersection of Congress Avenue and Old Boynton Road. Additional second WBR lane at the intersection of Boynton Beach Boulevard and Old Boynton Road. NBR at the intersection of Gateway Boulevard and High Ridge Road. This determination is subject to the conditions set forth in this letter. These conditions must be included in the Development Order issued by the City. The Development Order must also provide that failure to meet any of these conditions shall give the County Engineer the right to rescind or amend the approval granted in this Traffic Performance Standards Review Letter. If you have any questions regarding this determination, please contact me at 684-4030. Sincerely, OFFICE OF THE COUNTY ENGINEER Masoud Atefi, Sr. Engineer - Traffic Division cc; Pinder Troutman Consulting, Inc. Kimley Horn & Associates File: General - 'rPS - Mun - Traffic Study Review F:\TRAFFIC~ma~Adrnin~Approvals'~040613,doc VIII.-PUBLIC HEARING ITEM A. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Meeting Dates [] December 7, 2004 [] December 21,2004 [] January 4, 2005 [] January 18,2005 Date Final Form Must be Turned in to City Clerk's Office November 15, 2004 (Noon.) December 6, 2004 (Noon) December 20, 2004 (Noon) January 3, 2005 (Noon) Requested City Commission Meeting Dates [] February 1,2005 [] February 15, 2005 [] March 1,2005 [] March 15,2005 Date Final Form Must be Turned in to City Clerk's Office January 17, 2005 (Noon) January 31,2005 (Noon) February 14, 2005 (Noon) February 28, 2005 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION'. Please place this request on the March 1, 2005 City CommSssion Agenda unde~bliE,:i _,.c) Hearing. The Planning and Development Board recommended that the subject request be approved, with a vote of 4 to 3i} ~ subject to all staff comments. For further details pertaining to the request, see attached Department of Development-~ "~ -q~ Memorandum No. PZ 05-036. r,o ~'] :z: EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Verizon Wireless at Boynton Space Plus (COUS 05-003) Jason Laskey, SBA Network Services Mega Mini Company 2951 SW 14th PIace Request for conditional use approval to allow construction of a 135-foot high telecommunication tower on a 2,000 square foot leased parcel on the site of the Boynton Space Plus Storage Center. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A D eve lopI~ e~ ~7~Jl~e c~e~ ~r f~ity Manager's'S~g~aaturh P'lann~ and Zj~)n~ Director City Attorney / Finance / Human Resources S:~Planning~SHARED\WP~PROJECTS\Verizon Wireless Boynton Space Plus StorageXAgenda Item Request Verizon Wireless ~ Boynton Space Plus COUS 05-003 3-1-05.dot S:XBULLETINXFORMS~AGENDA iTEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT MEMORANDUM NO. PZ 05-036 STAFF REPORT PLANNING AND DEVELOPMENT BOARD AND CITY COMMISSION TO: FROM: DATE: SUBJECT: Chairman and Members Planning and Development Board · M~chael Rumpf it,U'~ Planning & Zoning Director February 10,2005 Verizon Wireless at Boynton Space Plus Storage - COUS 05-003 Conditional use approval for a telecommunication tower INTRODUCTION: Jason Laskey, of SBA Network Services, agent for Verizon Wireless, is requesting conditional use approval for construction of a telecommunication tower on 1,600 square feet of leased property that is owned by the Mega Mini Company and located at 2951 SW 14th Place, east of S. Congress Avenue, just north of SW 30th Avenue (see Exhibit "A" - location map). The zoning classification of the property is M-l, Industrial. Currently, the parent tract remains as developed, for both indoor mini self-storage and outdoor storage under the name Boynton Space Plus Storage (see Exhibit "B" - aerial view of parent tract). The subject lease parcel is located along the south property line of the parent tract, and is currently occupied by 2 parking spaces and the dumpster encolusure. The monopole tower is to be centered within the 40 feet by 40 feet lease compound, and would be 135 feet high. The project will also include transmitter equipment located at the base of the tower (Exhibit "C" - proposed site plan and Exhibit "D"- tower details). SURROUNDING LAND USES AND ZONING (surrounding the parent tract): North - Right-of-way for the L.W.D.D. L-28 Canal; and farther north, multi-family quads (4-plex) and single-family homes zoned R-3 and R-l-AA (Golfview Harbor); East - The South Tech Vocational SchooFCharter High School, zoned Public Usage and farther east, Palm Beach County Caloosa Park zoned Recreation; South - Industrial uses zoned M-l, Industrial; West - Newly approved and under construction Safe & Secure Storage project zoned M-l, Industrial; farther west is right-of-way for S. Congress Avenue. REQUIRED ZONING Pursuant to the Land Development Regulations, Chapter 10 - Telecommunication Towers and Antennas, telecommunication towers are allowed as conditional uses within the Industrial (M-l) zoning district if the tower is accessory to an existing use, or if the tower is a monopole-type stealth facility placed on vacant property. A "Stealth facility" is defined by code as Page 2 Memo No. PZ 05-036 Verizon Wireless at Boynton Space Plus Storage "any telecommunications facility which is designed to blend into the surrounding environment and which is incorporated into and is compatible with uses otherwise permissible on site. Examples of stealth facilities include, but are not limited to, architecturally screened roof-mounted antennas, antennas integrated into architectural elements, and telecommunication and/or personal wireless services towers designed to look like light poles, power poles, clock towers or trees." The proposed tower is not an accessory use at this location, and therefore must be designed as a stealth facility. A flagpole design was submitted through the review process, with a United States flag dimensioned twelve feet by eighteen feet (12' x 18'). After reviewing this concept, both staff and applicant opted to remove the flag leaving the "flagpole" design in place. This design includes the placement of all antennas within the shaft of the tower, thereby totally hiding them from view. The proposed tower will accommodate a minimum of three carriers (collocations). Staff opines that the tower without a flag will have greater stealth value, as the flag would tend to attract more attention, regardless of size. Although it is typical to see flagpoles associated with the nearby public uses (i.e. school and park), with which the pole could blend visually, the proposed tower would be approximately 500 feet to the school property, over 1,000 feet to the nearest school building, and over one-half (1/2) mile to the entrance to Caloosa Park. It is the opinion of staff that the visual effects of the tower would be less without the actual flag, and the applicant supports excluding the flag due to it likely becoming unsightly with age and increasing the maintenance obligation. Staff understands that other possible locations within the area have been considered for the tower, and excluded due to lack of proper zoning, location out of the void area or inability to successfully negotiate a lease arrangement. In summary, the intent of the tower regulations is to allow for additional telecommunication towers when necessary for proper service, and to minimize towers by maximizing collocations. The applicant has provided graphics representing RF engineering data which indicates a significant void in minimal coverage throughout the corridor of S. Congress Avenue, extending south of Woolbright Road past Atlantic Avenue. Furthermore, the proposed tower could accommodate a minimum of three (3) service providers. STANDARDS FOR EVALUATING CONDITIONAL USES: Section 11.2.D of the Zoning Code contains the following standards applicable to conditional uses. Following each of these standards is Planning and Zoning staff's evaluation of the application as it is measured against the standards: "The Planning and Development Board and City Commission shall consider only such conditional uses as are authorized under the terms of these zoning regulations and, in connection therewith, may grant conditional uses absolutely or conditioned upon the conditions including, but not limited to, the dedication of property for streets, alleys, recreation space and sidewalks, as shall be determined necessary for the protection of the surrounding area and the citizens' general welfare, or deny conditional uses when not in harmony with the intent and purpose of this section. In evaluating an application for conditional use, the Board and Commission shall consider the effect of the proposed use on the general health, safety and welfare of the community and make written findings certifying that satisfactory provision has been made concerning the following standards, where applicable: Page 3 Memo No. PZ 05-036 Verizon Wireless at Boynton Space Plus Storage "3. "6, Ingress and egress to the subject property and proposed structures thereon, with particular reference to automobile and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe." Access to the leased parcel will be provided through an existing access easement to the parent tract, and then through a proposed cross-access/utility easement to extend from the entrance for the storage project, to the lease parcel, all on improved surfaces currently used for parking and access throughout the storage business. Telecommunication towers typically generate immeasurable amount of traffic. Off-street parking and loading areas where required, with particular attention to the items in subsection D. 1. above, and the economic, glare, noise, and odor effects the conditional use will have on adjacent and nearby properties, and the city as a whole." As indicated on the site plan sheet, there exists a surplus of over 40 parking spaces for the parent tract (Boynton Space Plus/Mega Mini). A total of two (2) spaces would be replaced with the proposed tower. The subject parent tract was approved for the storage project in 1986, and subsequently developed; no physical improvements would be necessary to the parent tract to allow access to the lease parcel. Refuse and service areas, with parficular reference to the items in Subsection D. 1. and D.2. above." The site will generate no solid waste, therefore, no waste facilities/receptacles are provided or are being required solely for the tower project. Utilities, with reference to locations, availability, and compatib#ity." The Fire Department and the Utility Department have no comments on this request. Landscaping will be required for proper screening, which can be irrigated by connection with existing, adjacent sprinkler lines. Screening, buffedng and landscaping with reference to type, dimensions, and character." Consistent with fencing and buffering requirements, an 8-foot high chain link fence is proposed to encompass the proposed compound, and a Cocoplum hedge is proposed to encompass three (3) sides of this fenced area. The buffer will also be enhanced with East Palatka Holly trees at each comer, and Fakahatchee Grass plants on each side of the entrance gate. Signs, and proposed exterior lighting, with reference to g/are, traffic safety, economic effect, and compatibility and harmony with adjacent and nearby properties." Page 4 Memo No. PZ 0S-036 Verizon Wireless at Boynton Space Plus Storage No additional signs or exterior lighting plans were submitted as part of this application. The conformance of the exterior lighting and/or signs with the city code will be determined at the permit stage. A proposed condition of approval will address required signage regarding trespassing and if necessary, high voltage. Required setbacks and other open spaces." Pursuant to Chapter 10 of the Land Development Regulations, telecommunication towers are subject to two different sets of setback requirements. The first set are separation standards which require a tower to be at least 250 feet from an adjacent residential zoning district, and a minimum of 750 feet from another tower. The subject tower is proposed at approximately 450 feet from the nearest residential zoning district (Golfview Harbor), and approximately 3,000 feet to the nearest tower which is located at the east end of Neptune Drive. There is a relatively Iow tower at the site of the WXEL television station, located approximately 1,400 feet from the proposed tower site; however, staff understands this tower to be limited to station communications. Regarding upgrading this tower for collocation purposes, this tower is non-conforming with respect to separation from a residential zoning district. The second set of setbacks is the minimum setbacks required from property lines, as mandated by the underlying zoning district, M-1. The minimum front (15 feet), side (15 feet) and rear (20 feet) setbacks are all met with the proposed location of the tower on the parent tract. The proposed tower would be placed 22 feet from the rear property line, approximately 400 feet from the northern property line, and over 430 feet from the east and west boundaries. General compatib#ity with adjacent properties, and other property in the zoning district." To date, the published advertisement for the requested use has not generated any public inquiries. Staff is also attempting to directly contact a representative for the adjacent homeowners association, and will provide them with a copy of the legal notice. The proposed tower may not be highly visible from the adjacent residential properties given the separation distance, the existence of a buffer wall (approximately 8 feet high) and intervening wall of the storage use which is approximately 18 feet high and located approximately 40 feet south of the residential properties. Also, the nearest adjacent uses are principally industrial and institutional, which will not conflict with the limited visual effects or operation of the proposed tower. To assist in realizing the view of the proposed tower from adjacent residential properties, staff has prepared a graphic (see Exhibit "E") of an aerial view of the existing Hester Center tower, including the separation distance of the subject tower, 453 feet, shown as a radius around this existing tower. It should be noted that this existing tower is 15 feet higher than the proposed tower, and has the tower antennae exposed to view rather than hidden within the tower pole as proposed by the subject request. Page 5 Memo No. PZ 05-036 Verizon Wireless at Boynton Space Plus Storage Height of buildings and structures, with reference to compatibility and harmony to adjacent and nearby properties, and the city as a whole." Since the communication tower is proposed to be 135 feet in height, it will conform to the maximum height allowed of 150 feet as delineated in Chapter 10 of the Land Development Regulations. Also, the tower would be separated from nearby residences by approximately 450, which exceeds the minimum distance of 250 feet as required by code. "10. Economic effects on adjacent and nearby properties, and the city as a whole." The proposed tower is not anticipated to have any negative economic effects upon nearby properties. It should also be noted that, given the magnitude of the void in telecommunication coverage for the vicinity around S. Congress Avenue, the tower may provide a much-needed service to nearby residential and non- residential users. Conformance to the standards and requirements which apply to site plans, as set forth in Chapter 4 of the City of Boynton Beach Land Development Regulations." Compliance of permit drawings with attached staff comments will provide conformance to the above-referenced requirements. Compfiance with, and abatement of nuisances and hazards in accordance with the Performance Standards in Section 4.N of Chapter2; also, conformance to the City of Boynton Beach Noise Control Ordinance, Chapter 15, Section 15.8 of the Boynton Beach Code of Ordinances." No additional effects from the proposed tower upon the immediate vicinity, nor the city as a whole are foreseen. RECOMMENDATION: Staff recommends approval of this conditional use request, subject to the comments included in Exhibit "F" - Conditions of Approval. The Technical Review Committee, which met and reviewed this proposal, recommends that this request now be reviewed by the Planning and Development Board, and the deficiencies identified in Exhibit "F" be corrected prior to issuing the building permit for the tower construction. MWR xc: subject file S:\Planning\SHARED~WP\PROJECTS\Vedzon Wireless Boynton Space Plus Storage\Staff Report.doc EXHIBIT B AERIAL OF PARENT TRACT EXHIBIT C PROPOSED SITE PLAN II' EXHIBIT C PROPOSED SITE PLAN iii ]:Ill il,,,,,i[i!i'ilili,,,.. Ii,~i! I~"~ q ,.~ ,~ I 'p!lill ' II EXHIBIT C PROPOSED SITE PLAN - ~-,~' .,o ~.'..,...,,.J.? I::,~PllISI I LJ lOWER DETAILS X* ~ ~1 mo I~, ;o~,~, I ;~.o.E~OX 8597 FOR. T W'~H. TX 76124-0597 I PHONE:,B00,. . 1 ~ ~P~XI~ TOTal lS40O]~NG. ~ I ~9e ~ of ~ ~ob No. J0411~1 '~ ' ' ~ ~L ueslgn No. NOTE: FLAG TO .Po~. 15~ MONOPO~ ~ev. No. Rev; Date BE OMITTED s~. SPACE PLUS'~O~GE, ~68650. FL ~wner ~RIZON WIRE.SS t~'~' 'Ref. No. 1~'~' Design M~ ACCORDING TO ~A/EIA--222-F 1996 125'-0' 11 SIEN.'IH CELL-~C-125-~O 112'LX12'9/X6'D) SHkCT 2 (~ ~r ~.o62 ~0PS) RNAL DESIGN - NOT FOR FN~RICATION LOAD C A S E S JCASE 1 120 MPH WITH NO ICE DESIGN WIND I CASE 2 50 MPH WITH NO ICE OPERATIONAL WINO POLE SPEC FICATIONS JPole Shape Type:r 18-SIDED POLYGON I Taper:I 0.135714 IN/FT el Shaft Steel:l ASTM A572 GRADE 65 *1 Base PL SteeI:/ASTM A633 GR. E (60 *l Anchor Bolts: 2 1/4.e x T-O LONG I r ~118J ASTld A615 GRADE 75 * SI'L~LL IdEEr CHARPY Y-NOTCH 1EST: 15 FT.[~S e -2(TF I ANTENNA LIST No. I Elev, Description ¢) P~ 02' x ~8') RR65-12-02 (48'LX12'~X7'D) 120 U3H WIND 50 MPH ~IND Lateral Rotation Lateral Rotation Flevation Deflection (away) Deflec~Jon (sway) (Inches) (degrees) (Inches) (degrees) 105' 82.2 5.0~-2; 10.8 0.875 SH Shaft I Section Lennth 50.08 53.00 T S E T I 0 N Plate Lap Thlcl~ese Splice (in.) (~n.) 0,1875 0.2500 4~..00 0.5125 53.00 DATA Diameter Across Rote 0 TO}in les) 0 Bottom 26.625 27°982 27.110 35.907 52.807 40.000 NOTE: DIMENSIONS SHOWN DO NOT INCLUDE GALVANIZING TO!.~ES i LC, ~ MIN, e'-o MOMENT = 1839 fi-kips SHEAR = 20.5 kips AXIAL = 19.0 kips EST, SHAFT + BASE: ~ WT, = 12.6 kips (BI-~::K WEIGHT) EXHIBIT E Hester Center Tower Site (150 foot tower @ 453 foot radius) EXHIBIT "F" Conditions of Approval Project name: Verizon Wireless Tower at Boynton Space Plus Storage File number: COUS 05-003 Reference: Rewew plans ~dentffied as a Conditional Use Site Plan with a January 25, 2005 Planning & Zoning date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: 1. Provide a dumpster enclosure per the LDR, Chapter 2, Section 1 l.J.2.b. X 2. Indicate by note that the site dumpster enclosure shall be constructed in X accordance with City Standard Drawing G-4. 3. A minimum dumpster pad is required measuring 10 feet x 10 feet (inside X dimension including gates). (LDR, Chapter 7.5, Article II, Section 5.J. and Article III, section 9.A.9.a.) 4. The required gates for the dumpster shall contain long steel rods to drop into X the pavement in order to secure the gates in the open and closed positions. Drilled holes (for concrete) or metal sleeves (for asphalt) shall be provided for the lockinl~ rods. 5. Walls for the enclosure shall be provided on three sides and are to be a X minimum of 6 feet high and shall be CBS construction with a finish matching that of the adjacent buildings(s). Accent shrubs shall be provided along the screen wall(s) (LDR, Chapter 7.5, Article II, Section 5.J., and Article III, Section 9.A.9.a, and Chapter 9, Section 10.C.3.) 6. Provide a Imnimum turning radius of 60 feet to approach the dumpster. X Provide a minimum backing clearance of 60 feet. (measured from the front edge of the dumpster pad.) (LDR, Chapter 2, Section 11.J.2.b.) PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X Conditiom of Approval 2 DEPARTMENTS INCLUDE REJECT ENGINEERING DIVISION Comments: 7. All comments requiring changes and/or corrections to the plans shall be X reflected on all appropriate sheets. 8. Please note that changes or revisions to these plans may generate additional X comments. Acceptance of these plans during the TRC process does not ensure that additional comments may not be generated by the Commission and at penmt review. 9. Full drainage plans, including drainage calculations, in accordance with the X LDR, Chapter 6, Article IV, Section 5 will be required at the time of permitting. 10. 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. BUILDING DIVISION Comments: 11. Plans for the LP tank and generator shall be submitted at the time of permit X submittal for the tower. 12. Buildings, structures and parts thereof shall be designed to withstand the X minimum wind loads of 140 mph. Wind fomes on every building or structure shall be determined by the provisions of ASCE 7, Chapter 6, and the provisions of the 2001 FBC, Section 1606 (Wind Loads). Calculations that are signed and sealed by a design professional registered in the State of Florida shall be submitted for review at the time of permit application. PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTAl J~T Comments: Landscape Plan-Plant List Sheet L-3 of 4 X 12. All shade trees on the Plant List must be listed in the specifications as a minimum of 12'-14' height, 3" diameter at DBH (4.5' off the ground), and Florida #1 (Florida Grades and Standards manual) The height of the trees may be larger than 12'-14' to meet the 3" diameter requirement. [Env/ronmental Regulations, Chapter 7.5, Article II Sec. 5.C. 2.] 13. The Tree Planting Detail should include a line indicating where the X diameter at breast height (DBH) of the shade tree will be measured at time DEPARTMENTS INCLUDE REJECT of planting and inspection. 14. Cypress mulch cannot be used on the site and reference to this product X should be removed from the notes. 15. There is no irrigation system design included with the site plans. The X irrigation design should be micro-irrigation for water conservation. [Environmental Regulations, Chapter 7.5, Article II Sec. 5A.] 16. Turf areas should be limited in size. Landscape (bedding plants) areas X should be designed on separate zones with proper time duration for water conservation. Environmental Regulations, Chapter 7.5, Article II Sec. 5. C.2.] 17. All trees on the site should receive imgation from a separate bubbler. X [Environmental Regulations, Chapter 7.5, Article II Sec. 5. C.2.] PLANNING AND ZONING Comments: 18. Clarify through proper labeling of data for required parking to only regard X storage use on parent tract. 19. Map document in application excludes dimension to nearest tower, possibly X shown as a red dot and numbered 8650, or clarify accordingly. Locate correctly search ring number 8650. 20. Provide amended site plan, at time of permit filing, showing compliance I X with all applicable comments/conditions. 21. Provide access easement agreement with request for permits. 22. Provide Radio Frequency data from project engineer to document void in X coverage and therefore necessity for proposed tower. 23. Provide structural/engineering data to confirm design is capable of X collocation and numb~ of carriers and corresponding heights. Include this information in certification letter from project engineer. 24. Existing fence on south side of proposed lease area and slats are in need X repair. Straighten fence and replace slats behind lease area and behind and around dumpster station (if to remain). 25. Relocation of dumpster(s) may require proper siting and screening in X [ accordance with Land Development Regulations. 26. Existing perimeter hedge is in poor condition and provides limited X screening contrary to approved plan and original intent. Indicate where landscape material will be enhanced to provide required screening. Large voids in the entire perimeter landscaping shall be improved as a condition of approval, with new plantings. 27. Revise certification letter to affirm compliance with all requirements as X stated in Sec. 3.C.2 of Chapter 10., including with height requirements as to be measured from crown of nearest road (or provide survey documentation verifying same). Conditions of Approval 4 28. DEPARTMENTS Specifically indicate paint/material color on elevation graphic; include any available material samples and/or swatches. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS INCLUDE X REJECT Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. S:\Planning\SHARED\WP\PROJECTS\Verizon Wireless Mega Mini 295l SW 14th PI\COA,doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: APPLICANT'S AGENT: Verizon Stealth Cellular Tower (Boynton Space Plus Storage) Jason Laskey SBA Network Services APPLICANT'S ADDRESS: 5900 Broken Sound Parkway NW Boca Raton, FL 33487 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: March 1, 2005 TYPE OF RELIEF SOUGHT: Request for Conditional Use/New Site Plan approval for a 135 foot high cellular tower in an M-1 zoning district. LOCATION OF PROPERTY: 2951 SW 14th Place DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Applicant's application for relief is hereby GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:\Planning\SHARED\WP\PROJECTS\Verizon Wireless Mega Mini 2951 SW 14th PI\DO.doc VD'L-PUBLIC HEARZNG TTEt4 B.. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Meeting Dates [] December 7, 2004 [] December 21,2004 [] January4, 2005 [] January 18, 2005 Date Final Form Must be Turned in to CiW Clerk's Office November 15, 2004 (Noon.) December 6, 2004 (Noon) December 20, 2004 (Noon) January 3, 2005 (Noon) Requested City Commission Meeting Dates [] February 1,2005 [] February 15,2005 [] March 1,2005 [] March 15,2005 Date Final Form Must be Turned in to City Clerk's Office January 17, 2005 (Noon) January 31,2005 (Noon) February 14, 2005 (Noon) February 28, 2005 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Please maintain this item on the March 1, 2005 and March 15, 2005 CiW ComrarSsio~ Agendas under Public Hearing and Legal, Ordinance -Ftrst Reading, as tabled to the Aprtl 5, 2005 meeting'. The cD ' Commumty Redevelopment Agency Board postponed this request to its March 17, 2005 meeting, to allow for corrections in required site signage which provides public notification for the public hearings. This item was postponed by the Comm/ssion, on February 15, 2005 to the April 5, 2005 and April 15, 2005 meetings. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 05-017. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Boynton Beach Lofts (LUAR 05-003) Bradley Miller, AICP, Miller Land Planning Consultants, Inc. Louis F. Mascia/Boynton Motel LLC 623 South Federal Highway Request to amend the Future Land Use designation from Local Retail Commercial (LRC) to Mixed Use (MX) and to rezone from Community Commercial (C- 3) to Mixed-Use Low (MU-L) PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A Planning and Zo~ng Director City Attorney / Finance / Human Resources S:\Planning\SHARED\WPXPROJECTSXBoynton Lofts\LUAR 05-003~Agenda Item Request Boynton Beach Lofts LUAR 3-1 & 3-15-05 05-008.dot S:~BULLETIN~FORMS~AGENDA ITEM REQUEST FORM.DOC VIII.-PUBLIC HEARING ITEM B.1 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Requested Ciiy Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office [] December 7, 2004 [] December 21, 2004 [] January 4, 2005 [] January 18,2005 NATURE OF AGENDAITEM November 15, 2004 (Noon.) [] February 1,2005 January 17, 2005 (Noon) December 6, 2004 (Noon) [] February 15, 2005 January 31,2005 (Noon) December 20, 2004 (Noon) [] March 1,2005 February 14, 2005 (Noon) January 3, 2005 (Noon) [] March 15,2005 February 28, 2005 (Noon) RECOMMENDATION: [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report Please maintain this request on the March 1 and March 15, 2005 City Comrmssion Agendas under Public Hearing, to be combined with the corresponding ordinances for Land Use Amendment and Rezoning, as tabled to the April 5, 2005 agenda· The Commumty Redevelopment Agency Board postponed review of this item to its March 17, 2005 meeting, to allow for corrections in required site signage which provides public notification for the public hearings. For further details pertaining to the request, see attached Deparanent of Development Memorandum No. PZ 05- 017. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Boynton Beach Lofts (NWSP 05-008) Bradley Miller, AICP, Miller Land Planning Consultants, Inc. Louis F. Mascia/Boynton Motel LLC 623 South Federal Highway Request for new site plan approval to construct a mixed-use project consisting of 48 multi-family dwelling units, 5,364 square feet of retail, and 13,354 square feet of office on a 1.21-acre parcel in a MU-L zoning district. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A Development I~'partmeht Director · g ~ oiling Director City Attorney / Finance / Human Resources S:\Planning\SHARED\WP~PROJECTS~Boynton Lofts\NWSP 05-008~Agenda Item Request Boynton Beach Lofts NWSP 05-008 3-1-05.dot SABULLETINXFORMS~AGENDA ITEM REQUEST FORM.DOC VIIZ.-PUBLZC HEARING ITEM B.2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested Ciiy Commission Meetin~ Dates [] December 7, 2004 [] December 21,2004 [] January4,2005 [] January 18,2005 Date Final Form Must be Turned in to City Clerk's Office November 15, 2004 (Noon.) December 6, 2004 (Noon) December 20, 2004 (Noon) January 3, 2005 (Noon) Requested City Commission Meetine Dates [] February 1,2005 [] February 15, 2005 [] March 1,2005 [] March 15,2005 Date Final Form Must be Turned in to Ci~ Clerk's Office January 17, 2005 (Noon) January 31,2005 (Noon) February 14, 2005 (Noon) February 28, 2005 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal Bids Unf'mished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Please maintain this request on the March 1, 2005 and March 15, 2005 Ctty Comrmss~on .5: Agendas under Public Hearing to be combined with the corresponding ordinances for Land Use Amendment and Rezoning, as tabled to the April 5, 2005 meeting. The Community Redevelopment Agency Board postponed review of this item to its March 17, 2005 meeting, to allow for corrections in required site signage which provides public notification for the public hearings. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 05- 009. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Boynton Beach Lofts (HTEX 05-001) Bradley Miller, AICP, Miller Land Planning Consultants, Inc. Louis F. Mascia/Boynton Motel LLC 623 South Federal Highway Request for a height exception of three (3) feet - two (2) inches pursuant to the City's Land Development Regulations, Chapter 2, Zoning, Section 4.F.2, to allow the mechanical room housing elevator / stair tower to be 78 feet - two (2) inches in height, a distance of three (3) feet - two (2) inches above the 75-foot maximum height allowed in the Mixed-Use Low (MU-L) zoning district. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: / ~ Developn4~n~ l~art~nent Dire~r planning and Zoj(i'fi'g~rector City Attorney / Finance / Human Resources S:\Planning~SHARED\WP~PROJECTSXBoynton Lofts\HTEX 05-001~Agenda Item Request Boiynton Beach Lofts HTEX 05-001 3-1 & 3-15-05.dot S:~BULLETIN~FORMS~AGENDA ITEM REQUEST FORM.DOC VIII.-PUBLI¢ HEARING ITEM C. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Meeting Dates [] December 7, 2004 [] December 2 I, 2004 [] January4,2005 [] January 18,2005 Date Final Form Must be Turned in to City Clerk's Office November 15, 2004 (Noon.) December 6, 2004 (Noon) December 20, 2004 (Noon) January 3, 2005 (Noon) Requested City Commission Meeting Dates [] February 1,2005 [] February 15,2005 [] March 1,2005 [] March 15,2005 Date Final Form Must be Turned in to City Clerk's Office January 17, 2005 (Noon) January 31,2005 (Noon) February 14, 2005 (Noon) February 28, 2005 (Noon) NATURE OF AGENDAITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Please place this request on the March 1, 2005 City ConUmssion Agenda under Public Hearing and Legal, Ordinance - First Reading. The Planning and Development Board recommended that the subje~r, eqtteg~ be approved. For further details pertaining to the request, see attached Department of Development Memorandurr~o. 05-026. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Live/Work in SMU (CDRV 05-002) Kim Glas-Castro, AICP Town and Country Homes - Florida Renaissance Commons Request for an amendment to the Land Development Regulations, Chapter 2. Zoning, Section 6.H. Suburban Mixed Use (SMU) zoning district to allow Live/Work units as a permissible use. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVE~ N/A Devel~ent Department I~r~ctor ~-/ - - ~) Manager's Signature Planning and Zon/ng Director City Attorney / Finance / Human Resources S:\Planning~SHARED\WP~SPECPROJ~CODE REVIEW~CDRV05-002 Live-Work,Agenda Item Request Live. Woirk in SMU (CDRV 05-002) 3-1-05.dot S:\BULLETIN~FORMS~AGENDA ITEM REQUEST FORM.DOC TO: FROM THROUGH: DATE: SUB]ECl': DEVELOPMENT DEPARTMENT PLANNI'NG AND ZONt'NG D[VZSt'ON MEMORANDUM NO. PZ 05-026 Chair and Members Planning an~ent Board Dick HudsoI~'~.E~P Senior Planner ~¢ Michael W. Rump Director of Planning and Zoning .January 26, 2005 Live/Work Units in Suburban Mixed Use Developments NATURE OF REOUEST Town & Country Homes - Florida is requesting that the City initiate a code review for amendments to the SMU Suburban Mixed Use development regulations to allow Live/Work units as a permissible use within the SMU district, subject to criteria. Live/Work Units are generally described as buildings or spaces that are used jointly for commercial and residential purposes. The idea is not new; throughout history there are examples of "living above the shop." By creating opportunities for this type of activity in residential areas within mixed use developments we also provide additional opportuniUes to reduce dependence on the automobile to reach some business and professional services. When regulations for the Mixed Use-High Intensity and Low Intensity zoning districts were amended in 200~,, provisions were included to allow for live/work units; however, in that instance, the emphasis was on limiting the "live" portion of the structure in the commercial center of the coastal area. With the request under consideration, the emphasis is focused on limiting the "work" portion of the structure. There are numerous examples of live/work regulations across the country, particularly in larger cities. In Palm Beach County, three examples were examined, notably West Palm Beach, Delray Beach and Jupiter and are briefly discussed below. West Palm Beach allows "limited office uses" in specific redevelopment areas of the downtown, specifl/ing that the uses are secondary to the residential uses and limits them to no more than 35% of the net interior area of the structure. The allowable uses include offices for agents, architects, artists, brokers, dentists, doctors, lawyers, and other similar uses. The parking regulations require a minimum of one space per dwelling unit and an additional two spaces for the limited office use. Page 2 CDRV 05-002 Live/Work Units in SHU Delray Beach has adopted a "Residential Office" zoning distdct to be used as a transitional use between commercial or industrial districts and residential districts, or used as an incentive in older residential districts needing redevelopment. The regulations allow business and professional office uses. Structures in the district can contain either a residential use, and office use, or a mix of uses; however, the appearance must be residential in character. The City also has regulations specific to the Old School Square Historic Arts District, that allow a broader range of commercial uses, including restaurants, retail specialty shops, and art-related sales, as well as single family residential uses. Residential and commercial uses may be located in the same structure or on the same property, provided the owner of the parcel occupies either the business or the residence, or an employee of the business occupies the residence. There are no size limitations on either the residential units or the commercial spaces. .lupiter's regulations were developed for the Abacoa development, which is similar in nature to the Boynton Beach Suburban Mixed Use developments..lupiter limits the number of live/work units to 3% of the total residential units in a neighborhood and requires that they front on a central neighborhood public square. The work portion of a townhouse dwelling is limited to the ground floor and must meet the Florida [ndustrial Building Code requirements at time of construction. The commercial area is limited to 1,500 square feet. One of the persons who work in the commercial operation must reside full-time in the residential portion of the townhouse and up to four other persons may work in the unit. Verification of residency is required upon annual renewal of the Occupational License for the unit. Deliveries to the commercial use are limited to 9:00 am - 6:00 pm and parking requirements are based on the square footage of commercial use plus the required parking for the residential unit. The proposed live/work regulations for the SHU district (Exhibit "A") limit the area of the "work" portion to 30% of the unit or 400 square feet, whichever is greater, restricting it to the ground level and not allowing it to occupy garage or living spaces. The space must meet the Florida Building Code requirements for mixed occupancy buildings. Locations are limited to the perimeter of the residential project or along the project's principal roadway and, where possible, adjacent to perimeter or external roadways to minimize impacts on the greater neighborhood. "Work" uses are limited to professional or business services or tutoring as listed in the ordinance. Employment for each unit is limited to two on-site workers at any one time, in addition to resident(s) of the "live" portion of the unit. The worker residing in the unit would maintain the occupational license for the business and must acknowledge the employee limitation at the time of application for the license. "Work" units may not be rented separately from the living space. In addition to the two parking spaces required for the residential unit, one additional parking space would be available for each two "work" units and may be located either on the lot, built into the structure or within 300 feet of the unit. Slgnage is limited to one wall plaque, two square feet in copy area. it is staff's opinion that the proposed amendments will provide an additional opportunity for locating small and Iow-intensity commercial uses in residential portions of mixed use developments, which may be more intense than typical home occupations, but because of the Page 2 CDRV 05-002 Live/Work Units in SI~IU size limitations, are not as intense as the full range of uses permitted in the office commercial district. The proposed regulations and Iocational criteria are sufficient to provide adequate controls to ameliorate any negative effects. Therefore, staff recommends approval. If changes to the proposed amendment are recommended by the Planning and Development Board or required by the City Commission, they will be added as Exhibit "B". Exhibits ]:\SHRDATA\PLANNING\HUDSON\CODE REVIL~/S CDRV~CDRVSTAFFREPT. DOC EXHIBIT A TABLE 6H-1 SCHEDULE OF PERMITTED PRINCIPAL, ACCESSORY: AND CONDITIONAL USES USE GROUP/USE SMU ZONE Residential or Lodging Use Group Bed and Breakfast C Hotel C Home Occupation P Mobile Home N Motel N Residential, Single Family Detached P Residential, Single Family Attached p Residential, Multi-Family p Temporary Sales Office P Temporary Model Residences P Live/Work Units pS Boarding and Rooming House (except where provided by state law) N Accessor7 Unit p Communit~ Facilities Use Group Government Office/Civic Center/Library P Recreation (outdoor) C Museum p House of Worship p~ [REMAINDER OF TABLE UNCHANGED] Subiect to compliance with supplemental regulations in Section 5(b). 5. Mixed Uses. a. Buildings containing residential and non reai~cr2ia! nonresidential uses are encouraged within the SMU zoning district and subject to the same development standards as "all other uses." Residential uses within mixed-use structures, with the exception of designated live/work units, are encouraged not to be located on the ground floor, which shall be reserved for nonresidential uses. b. Nonresidential uses within mixed residential/ nonresidential stmctnres shall be evaluated for their compatibility with residential uses located on upper floors, and shall demonstrate compatibility based upon use-type, construction materials, floor plan and site layout, and other reasonable factors as determined appropriate given the type of use. c. Live/Work Units. This subsection provides for the use of residential structures to accommodate live/work opportunities. Live/work units shall be specifically designated on the site plan, and comply with the following standards and requirements. These provisions are not applicable to dwellings or occupation~ that meet the definition of Home Occupation in section 11.D of this chapter. ( 1 ) Unit Requirements. (a) No more than thirty (30%) percent or four hundred (400) square feet, whichever is greater, of the live/work unit shall be utilized for working space. 1 S:\Planning\SHARED\WP\PRO.1ECTS\Renalssance Commons\CORVOS-002\Exhibit A.doc Working space shall be located on the ground level and shall not utilize garage or living spaces. (b) Each live/work unit shall be a separate unit fi.om other uses in the building. The ground floor of all live/work units shall meet the Florida Buildin, Code requirements for mixed occupancy buildings. Each unit, including the garage, shall be separated by walls from other live/work units or other uses in the building. (e) Buildings designated as live/work shall provide universal accessibility to the front and to the interior space of the nonresidential area of the live-work unit from the public sidewalk adjacent to the street (d) To minimize impacts to the greater neighborhood, units planned for live/work uses shall be located at the perimeter of the residential project or along the project's principal roadway, and/or where possible, adjacent to perimeter/external rights-of-way. (2) Permitted Uses. Nonresidential uses that are permitted in live/work units are generally limited to professional service, business service, or tutoring services. A listing of common uses permissible in live/work unltg~ subject to issuance of occupational license are located in subsection 16, below. No work activity shall be permitted that by virtue of intensity or number of employees hah the potential to create impacts by reason of traffic, parking issues, hazardo]m materials, or excess waste. (3) Occupancy and Employees. No more than two (2) on-site employees, in addition to the resident(s) of the live/work unit, may undertake business activities from said unit. At least one resident of an individual live/work unit shall maintain a current occupational license for a business located in that unit. Acknowledgement, in the form of an affidavit, of the employee limitation shall be made by the unit resident, at the time of application for an occupational license. The work area shall not be rented separately from the living space. (4) Parking. The City encourages that one (1) parking space per two (2) live/work units be provided to meet business activity needs. Parking provided to meet this requirement shall be located on the lot, built into or under the structure, or within 300 feet of the unit in which the use is located. Parking provided to accommndate said space, including driveways of adequate depth in front of the unit's garage, shall not serve as meeting required oarking for the unit's residential use. (5) Signage. One wall plaque shall be permitted per live/work unit, not to exceed two (2) square feet in sign copy area, in accordance with the applicable sit, n program. (6) Site Plan Requirement. All respective plan pages shall identify all proposed live/work units and buildings. Live/work units shall be tallied in the site plan tabular data. 15. Live/Work Unit Permissible Uses. The following list identifies the permitted uses within desi,.~nated live/work units, subject to occupational license requirements: 2 S:\Planning\SHARED\WP\PROJECTS\Renalssance Comn~ns\CDRV05-002\Exhibit A.doc BUSINESS SER VICE Business service - Addres~inv service/mailing list compiler Business service - Arbitrator. mediator service Business service - Cleanin~ services, maid. housekeeping, janitorial Business service- Commercial artist/desian studio Business service - Commercial ohotoovanhy Business service- Corra~uter Pro~rammln~ service Business service - Computer sofiware development Business service - Data processim, Business service - Direct mail adverti~ino services Business service - Editine, ~roofreadin~. twing service Business service - Paralegal Business service - Party su~lies, rental/leasing, (office only, no storage on site) Business service - Private investigator Business service - Recordin~ service Business service - Secretarial service Business serwce - Boat broker (office only) PERSON~4L SER VICE Personal service - Alteration, dressmakin~ shoD. tailor PROFESSIONAL SER VICE Professional service - Abstract and/or title con'many Professional service - Accountant/income tax services Professional service - Adiusters, insurance Professional service -Advertising office Professional service - Am~raiser Professional service - Architect Professional service - Attorney Professional service - Auctioneer (office only) Professional service - Author Professional service - Broker Professional servace - Business analyst Professional sermce- Calculat/n~ and statistical service Professional service - Court rel~ortineJstenowraphers Professional sermce - Credit reporfim, Professional service - Rnt, ineer's office Professional service - Importer/exporter (office only) Professional service - Insurance agency/bond office Professional sermce- Interior decorating, Professional service - Loan conmany office Professional service - Market research office Professional service - Model agency Professional service - Notary Public office Professional service - Public relations office Professional service - Real estate sales/management office Professional service - Travel agency OTHER USES Tutorin~ or instruction (Academic, tannic, art) Art studio with ancillary sales 3 S:\Planning\SHARED\WP\PROJECTS\Renaissance Commons\CDRVOS-OO2\Exhiblt A.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 ORDINANCE NO. 05- AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING CHAPTER 2 ENTITLED "ZONING," SECTION 6.H ENTITLED "SMU- SUBURBAN MIXED USE ZONING DISTRICT" OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF BOYNTON BEACH, FLORIDA, PERMITTING LIVE/WORK UNITS, ESTABLISHING REGULATIONS GOVERNING LIVE/WORK UNITS, AND PROVIDING FOR PERMITTED USES IN THE SMU DISTRICT; PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the proposed revisions to the Suburban Mixed Use zoning district to Part III of the City of Boynton Beach Code of Ordinances is an amendment to the Land Development Regulations requested by Town & Country Homes Florida; and WHEREAS, the City Commission deems the adoption of this Ordinance to be in the best interests of the citizens and residents of the City of Boynton Beach, Florida; NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing whereas clauses are tree and correct and are now ratified and confirmed by the City Commission. Section 2. That Chapter 2 entitled "Zoning," Section 6.H entitled "SMU - Suburban Mixed Use Zoning District" is hereby amended as follows: H. SMU- SUBURBAN MIXED USE ZONING DISTRICT 3. Permitted uses. The following table identifies the permitted, restricted, and prohibited uses within the Suburban Mixed Use Zoning District. Uses are classified 1 S:/ca/Ord/LDR Changes/Live-Work Units in SMU.doc Rev. 02-09-05 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 as permitted "P", Conditional "C", or Not Permitted "N". Uses permitted with restrictions are followed by a numeral that corresponds to a footnote below the table. Each footnote explains restrictions associated with the use. The Planning and Zoning Director or designee shall have the discretion to approve uses that are not specifically listed but are similar to uses that are expressly permitted. TABLE 6H-1 SCHEDULE OF PERMITTED PRINCIPAL, ACCESSORY~ AND CONDITIONAL USES USE GROUP/USE SMU ZONE Residential or Lodging Use Group Bed and Breakfast C Hotel C Home Occupation P Mobile Home N Motel N Residential, Single Family Detached P Residential, Single Family Attached P Residential, Multi-Family P Temporary Sales Office P Temporary Model Residences P Live/Work Units pS Boarding and Rooming House (except where provided by state law) N Accessory Unit P Community Facilities Use Group Government Office/Civic Center/Library P Recreation (outdoor) C Museum P House o f Worship p~ Police or Fire-Rescue Station P Postal Center (retail sales only) p2 Post Office P Public Park p Public Parking Lot or Garage P Restriction Notes: [REMAINDER OF TABLE UNCHANGED] S:/ca~Ord/LDR Changes/Live-Work Units in SMU.doc Rev. 024)9-05 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 8 Subject to compliance w/th supplemental regulations in Section 5(b). 5. Mixed Uses. a. Buildings containing residential and ~ .nonresidential uses are encouraged within the SMU zoning district and subject to the same development standards as "all other uses." Residential uses within mixed-use structures, with the exception of designated live/work units, are encouraged not to be located on the ground floor, which shall be reserved for nonresidential uses. b. Nonresidential uses within mixed residential/nonresidential structures shall be evaluated for their compatibility with residential uses located on upper floors, and shall demonstrate compatibility based upon use-type, construction materials, floor plan and site layout, and other reasonable factors as determined appropriate given the type of use. c. Live/Work Units. This subsection provides for the use of residential structures to accommodate live/work opportunities. Live/work units shall be specifically designated on the site plan, and comply with the following standards and requirements. These provisions are not applicable to dwellings or occupations that meet the definition of Home Occupation in section 11 .D of this chapter. (1) Unit Requirements. 3 S:/ctffOrd/LDR Changes/Live-Work Units in SMU.doc Rev. 02-09-05 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 (a) No more than thirty (30%) percent or four hundred (400) square feet, whichever is greater, of the live/work unit shall be utilized for working space. Working space shall be located on the ground level and shall not utilize garage or living spaces. (b) Each live/work unit shall be a separate unit from other uses in the building. The ground floor of all live/work traits shall meet the Florida Building Code requirements for mixed occupancy buildings. Each unit, including the garage, shall be separated by walls from other live/work units or other uses in the building. (c) Buildings designated as live/work shall provide universal accessibility to the front and to the interior space of the nonresidential area of the live-work unit from the public sidewalk adiacent to the street. (d) To minimize impacts to the greater neighborhood, units planned for live/work uses shall be located at the perimeter of the residential project or along the project's principal roadWay, and/or where possible, adiacent to perimeter/external rights-of- way. (2) Permitted Uses. Nonresidential uses that are permitted in live/work units are generally limited to professional service, business service, or tutoring services. A listing of common uses permissible in live/work units, subject to issuance of occupational license are located in S:/ca/Ord/LDR Changes/Live-Work Units in SMU doc Rev. 02-09-05 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 subsection 16, below. No work activity shall be permitted that by virtue of intensity or number of employees has the potential to create impacts by reason of traffic, parking issues, hazardous materials, or excess waste. (3) Occupancy and Employees. No more than two (2) on-site employees, in addition to the resident(s) of the live/work unit, may undertake business activities from said unit. At least one resident of an individual live/work unit shall maintain a current occupational license for a business located in that unit. Acknowledgement, in the form of an affidavit, of the employee limitation shall be made by the unit resident, at the time of application for an occupational license. The work area shall not be rented separately from the living space. (4) Parking. The City encourages that one (1) parking space per two (2) live/work units be provided to meet business activity needs. Parking provided to meet this requirement shall be located on the lot, built into or under the structure, or within 300 feet of the unit in which the use is located. Parking provided to accommodate said space, including driveways of adequate depth in front of the unit's garage, shall not serve as meeting required parking for the unit's residential use. {5) Signage. One wall plaque shall be permitted per live/work unit, not to exceed two (2) square feet in sign copy area, in accordance with the applicable sign program. (6) Site Plan Requirement. All respective plan pages shall identify all proposed live/work units and buildings. Live/work units shall S:/ca~Ord/LDR Changes/Live-Work Units in SMU.doc Rev. 02-09-05 5 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 be tallied in the site plan tabular data. 15. Live/Work Unit Permissible Uses. The following list identifies the permitted uses within designated live/work units, subject to occupational license requirements: BUSINESS SERVICE Business service - Addressing service/mailing list compiler Business service - Arbitxator, mediator service Business service - Cleaning services, maid, housekeeping, janitorial Business service - Commercial artisl/design studio Business service Commercial photography Business service - Computer progranamng service Business service - Computer software development Business service - Data processing Business service - Direct mail advertising services Business service - Editing, proofreading, typing service Business service Paralegal Business service - Party supplies, rental/leasing (office only, no storage on site) Business service - Private investigator Business service - Recording service Business service - Secretarial service Business service - Boat broker (office only) PERSONAL SERVICE Personal service - Alteration, dressmaking shop, tailor PROFESSIONAL SERVICE Professional service - Abstract and/or title company Professional service - Accountant/income tax services Professional service - Adjusters, insurance Professional service Advertising office Professional service - Appraiser Professional service Architect Professional service - Attorney Professional service Auctioneer (office only) Professional service - Author Professional service - Broker Professional service - Business analyst Professional service - Calculating and statistical service Professional service - Court reporting/stenographers Professional service - Credit reporting Professional service Engineer's office Professional service - Importer/exporter (office only) Professional service Insurance agency/bond office S:/ca/Ord/LDR Changes/Live-Work Units in SMU.doc Rev. 02-09-05 Professional service - Interior decorating Professional serwce - Loan company office Professional service - Market research office 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 Professional serwce Model agency Professional service - Notary Public office Professional service - Public relations office Professional serwce Real estate sales/management office Professional serwce Travel agency OTHER USES Tutoring or instruction (Academic, music, art) Art studio with ancillary sales Section 3. Each and every other provision of the Land Development Regulations not herein specifically amended, shall remain in full force and effect as originally adopted. Section 4. All laws and ordinances applying to the City of Boynton Beach in conflict with any provisions of this ordinance are hereby repealed. Section 5. Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 6. This Ordinance shall become effective immediately. FIRST READING THIS __ day of 2005. S:/ca/Ord/LDR Changes/Live-Work Units in SMU.doc Rev. 02-09-05 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 SECOND, FINAL READING AND PASSAGE this __ day of ,2005. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Cmnmissioner ATTEST: City Clerk S:/ca/Ord/LDR Changes/Live-Work Units in SMU.doc Rew 02-09-05 VIII.-PUBLIC HEARING ITEM D. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Meeting Dates [] December 7, 2004 [] December 21,2004 [] January4,2005 [] January 18, 2005 Date Final Form Must be Turned in to CitY Clerk's Office November 15, 2004 (Noon.) December 6, 2004 (Noon) December 20, 2004 (Noon) January 3, 2005 (Noon) Requested Ciiy Commission Meeting Date~ [] February 1,2005 [] February 15, 2005 [] March 1,2005 [] March 15,2005 Date Final Form Must be Turned in to City Clerk's Office January 17, 2005 (Noon) January 31,2005 (Noon) February 14, 2005 (Noon) February 28, 2005 (Noon) NATURE OF AGENDAITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Please place this request on the March 1, 2005 City comrmssion Agenda under Public Hearing and Legal/Ordinance-First Reading. Staff recommends that the petition for the passing of an ordinance to establish the Renaissance Commons Community Development District be approved. ?/.~'/~ EXPLANATION: The subject petition requests establishment of a Community Development District (CDD) for the "Renaissance Commons Development", a mix-use project on a parcel located on the Southeast comer of Congress Avenue and Gateway Boulevard. A CDD is an independent district authorized by Chapter 190, Florida Statutes, for the purpose of planning, constructing, acquiring, operating and maintaining infrastructure in large planned community developments. The proposed District will finance drainage and potable water supply and sanitary sewer systems as well as wetlands mitigation and offsite improvements which include turn lanes and placement of certain utilities. The District will operate and maintain drainage system for the development; potable water and sanitary sewer systems will be operated and maintained by the City. PROJECT: AGENT: OWNER: LOCATION: Renaissance Commons Community Development District James D. DeCocq Compson Associates of Boynton Beach LLC and Town and Country Builders, Inc. Southeast comer of Congress Avenue and Gateway Boulevard. PROGRAM IMPACT: None FISCAL IMPACT: ~ / None ALTERNATIVES: ~ D eve lopmel{M~elJa*r truant Director planning and,~n~ng Director City Manager's Sig/~ture ity t~omey / Finance / Human Resources G:\CDDXAgenda Item Request Renaissance CDD.dot IN RE: BEFORE THE CITY COMMISSION Of THE CITY OF BOYNTON BEACH, FLORIDA AN ORDINANCE TO ESTABLISH ) THE RENAISSANCE COMMONS COMMUNITY ) DEVELOPMENT DISTRICT ) PETITION COMPSON ASSOCIATES OF BOYNTON LLC, a Florida limited liability company (the "Petitioner"), hereby petitions the City Commission of the City of Boynton Beach, Florida, pursuant to the "Uniform Community Development District Act of 1980," Chapter 190, Florida Statutes, as amended and supplemented (herein, the "Act). Specifically this Petition is made pursuant to Section 190.005(2) of the Act, to establish a community development district with respect to the lands described herein. In support of the Petition, Petitioner states: 1. The proposed District (as defined below) is located within the incorporated area of the City of Boynton Beach, Florida. Exhibit 1 depicts the general location of the proposed District. The proposed District covers approximately 86.98 +/- acres of land. The real property within the boundary of the proposed District is a parcel of land located West of the Lake Worth Drainage District Canal E-4, North of Canal C-16, East of Congress Avenue and South of Gateway Boulevard. The metes and bounds description of the external boundaries of the District is set forth on Exhibit 2. 2. Attached to this Petition as Exhibit 3 and made a part hereof are the written consents to the establishment of the District by the owners of 100% of the real property to be included in the District. 3. The five persons designated to serve as initial members of the Board of Supervisors of the proposed District are as follows: Name James Comparato Stephen B. Liller Timothy R. Kelly Cad Klepper, Jr. Robert D'Angelo 4. The proposed name of the Distdct to be established is the Renaissance Commons Community Development District (the "District"). 5. There are no existing major trunk water mains, sewer interceptors and outfalls. 6. The proposed timetable for the construction of District improvements is shown on Exhibit 4, as well as the estimated cost of constructing the improvements. This is a good faith estimate but is not binding on the Petitioner or the District and is subject to change. 7. The future general distribution, location and extent of public and private uses within the Distdct are consistent with the zoning category of suburban mixed use. The proposed WPB-F$1\SANFORDS~505930vI4L57161.010200 uses are also consistent with the future land use plan element of the Comprehensive Plan of the City of Boynton Beach, Florida (the "City"). The future land use map is shown on Exhibit 5. It is further anticipated that the subject lands will be permitted to be developed for approximately 310 townhomes ranging in approximate square footage of 1,800 to 2,100 with prices ranging from $310,000 to $450,000 and 1382 condominium units. The square footage and price ranges of the condominium units have not yet been determined. It is also expected that there will be approximately 337,653 square feet of commemial space consisting of retail, office and self storage. The Petitioner intends that the District will finance (i) surface water management and control systems, including related earthwork, (ii) water distribution and wastewater collection and transmission facilities, (iii) onsite wetlands mitigation, (iv) roadway improvements, (vi) landscaping and irrigation in public dghts of way, and (v) related incidental costs which may include the acquisition of real property in conjunction with any and all of the above, but particularly associated with surface water management, onsite wetlands mitigation, and roadway improvements (collectively, the "Public Infrastructure"). Upon completion by the Petitioner of the water distribution and wastewater collection and transmission facilities and acquisition by the District, such facilities will be dedicated to the City to be connected to the City's existing water and wastewater lines. 8. Exhibit 6 is a statement of estimated regulatory costs prepared in accordance with the requirements of Section 120.541, Florida Statutes. 9. Petitioner hereby requests that the proposed District be granted the dght to exercise all powers provided for in Section 190.012(1), FIodda Statutes and the additional powers listed in Section 190.012(2)(a) and (d). 10. The Petitioner is Compson Associates of Boynton LLC, a Florida limited liability company. The Petitioner, acting on behalf of itself and certain related entities and Town and Country Builders, Inc., a Flodda corporation ("Town and Country") as the landowners, owns 100 percent of the real property to be included in the proposed District. Petitioner and Town and Country will develop the land within the District, including the construction of the Public Infrastructure, which will be acquired by the District. It is contemplated that the vertical improvements on the developed lots will be constructed by the Petitioner and Town and Country and possibly other builders. Copies of all correspondence and official notices should also be sent to: Stephen D. Sanford, Esq., c/o Greenberg Traurig, P.A., 777 South Flagler Drive, Suite 300 East, West Palm Beach, Florida 33401; (561) 650-7945. 11. The property within the proposed District is amenable to operating as an independent special district for the following reasons: (a) Establishment of the District and all land uses and services planned within the proposed District are consistent with applicable elements or portions of the effective City's Comprehensive Land Use Plan, as amended. (b) The area of land within the proposed District is of sufficient size and is sufficiently compact and contiguous to be developed as one functional interrelated community. (c) The community development services of the District will be compatible with the capacity and use of existing local and regional community development services and facilities. (d) The proposed District will be the best altemative available for delivering community development services to the area to be served because (i) the District provides a governmental entity for delivering those services and facilities in a manner that does not financially impact persons residing outside the District, (ii) the Act authorizes a community development district to acquire infrastructure improvements previously constructed by the Petitioner or allows for a community development district to, in the first instance, construct such infrastructure improvements, (iii) the timing for the creation of the proposed District and the issuance of special assessment bonds is compatible with the timing for the construction and acquisition of such infrastructure improvements which will result in direct benefit to the landowners and their assigns within the District, (iv) establishment of a community development district in conjunction with a comprehensive planned community, as proposed, allows for a more efficient use of resources as well as providing the opportunity for new growth to pay for itself, and (v) establishment of the District will provide a perpetual entity capable of making reasonable provisions for the operation and maintenance of many of the Distdct services and facilities. 12. The Petitioner undertakes on behalf of the District that the District will provide full disclosure of information relating to the public financing and maintenance of improvements to real property to be undertaken by the District as required by Section 190.009 and Section 190.048, Florida Statutes of the Act, as amended. [Remainder of page intentionally left blank] WP B'FS I'~SAN FO RDS'~505930Vl 4',57161,010200 3 WHEREFORE, Petitioner respectfully requests the City Commission of Boynton Beach, Florida to: Hold a public hearing as required by Section 190.005(1)(d), Florida Statutes to consider the establishment of the Renaissance Commons Community Development District; and Enact an ordinance pursuant to Chapter 190, Florida Statutes, granting this Petition and establishing the Renaissance Commons Community Development District. Respectfully submitted this J~.. ~'~ day of December, 2004. COMPSON ASSOCIATES OF BOY.,N-)'ON LLC Florida limit~,~/~a.~bility compa~a~et, itioner Nam_.~'. ~ C~"mpar~l~'o.~J - ' .... "~' //~.~/4Vlanager ~ ,a Exhibit 1 -- Exhibit 2 -- Exhibit 3 -- Exhibit 4 -~ Exhibit 5 -- Exhibit 6 -- RENAISSANCE COMMONS COMMUNITY DEVELOPMENT DISTRICT EXHIBITS Location Map Legal Description Consents and Proofs of Ownership Construction Timetable and Good Faith Cost Estimate Future Land Use Map from the City of Boynton Beach, Florida Comprehensive Plan depicting the location of the proposed District Statement of Estimated Regulatory Costs 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 ORDINANCE NO. 05- AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, ESTABLISHING THE RENAISSANCE COMMONS COMMUNITY DEVELOPMENT DISTRICT; ESTABLISHING THE BOUNDARIES OF THAT DISTRICT; APPOINTING THE INITIAL BOARD OF SUPERVISORS; PROVIDING FOR POWERS OF THE BOARD; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, on December 14, 2004, Compson Associates ofBoynton LLC submitted a petition to the City for the creation of a community development district to be known as the Renaissance Commons Community Development District ("District"), in accordance with Section 190.005(2), Florida Statutes; and WHEREAS, the petition which is attached hereto as Exhibit "A" and made a part hereof contains the information required in Section 190.005(9)(a), Florida Statutes; and WHEREAS, a public hearing on the petition was conducted by the City Commission on March 1, 2005, at City Hall in accordance with the requirements of Sections 190.005(2)(b) and 190.005 (1) (d), Florida Statutes; and WHEREAS, the City Commission has reviewed the six (6) factors set forth in Section 190.005(1)(e) and the record of the public hearing held on March 1, 2005, in making its determination as to whether to grant or deny the establishment of the Renaissance Commons Community Development District; and WHEREAS, the City Commission has determined that: 1. That all statements contained within the Petition have been found to be true and correct. S:\CA\Ordinances\Planning\CDD Renaissance Commons.doc Page I of 4 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 1 2 3 4 5 6 7 2. That the creation of the District is not inconsistent with any applicable element or portion of the State Comprehensive Plan or of the effective local government comprehensive plan. 3. compact and community. 4. That the land within the proposed District is of sufficient size, sufficiently sufficiently contiguous to be developable as one functional interrelated That the creation of the District is the best altemative available for delivering the community development services and facilities to the lands within the District boundaries. 5. That the proposed services and facilities to be provided by the District are not ~ncompatible with the capacity and uses of existing local and regional community services and facilities. 6. That the area identified in the Petition is amenable to be included in the proposed District; and WHEREAS, the City Commission has determined that the creation of the Renaissance Commons Community Development District would be consistent with the criteria for community development districts as set forth in the Uniform Community Development District Act of 1980,Chapter 190, Florida Statutes; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. Each Whereas clause set forth above is true and correct and herein incorporated by this reference. S:\CA\Ordinances\PlannJng\CDD Renaissance Commons.doc Page 2 of 4 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 1 2 3 4 5 6 7 8 9 Section 2. In accordance with the provisions of Chapter 190, Florida Statutes, the City Commission of the City of Boynton Beach, Florida hereby establishes a community development district as follows: CREATION ANDNAME: There is hereby created a Community Development District to be known as RENAISSANCE COMMONS COMMUNTY DEVELOPMENT DISTRICT. LEGAL DESCRIPTION: The legal description for the Community Development District is attached hereto and incorporated herein by reference in attachment to the Petition which is attached as Exhibit "A" to this Ordinance. In addition, a map depicting the land area to be serviced by the District is attached to this Ordinance as Exhibit "B" and incorporated herein by reference. BOARD OF SUPERVISORS: The initial Board of Supervisors are as follows. Their terms, powers and duties are as described in Chapter 190, Florida Statues: (a) James Comparato (b) Stephen B. Liller (c) Timothy R. Kelly (d) Carl Klepper, Jr. (e) Robert D'Angelo Section 3. The Board of Supervisors shall have only such powers as set forth in Florida Statutes 190.011 and 190.012. Section 4. That any individuals who purchase property in the District should be advised of the existence of the District, as well as the costs associated with owning property within the District. S:\CA\Ordinances\Planning\CDD Renaissance Commons.doc Page 3 of 4 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 1 2 3 4 5 6 Section 5. That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 6. Should any section or provision of this ordinance or portion hereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this ordinance. Section 7. Authority is hereby granted to codify said ordinance. Section 8. This ordinance shall become effective immediately upon passage. FIRST READING this day of ,2005. SECOND READING and FINAL PASSAGE this ,2005. day of CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk S;\CA\Ordinances\Planning\CDD Renaissance Commons.dec Page 4 of 4 RENAISSANCE COMMONS LOCATION MAP Exhibit "A" PAGE 0612 ~EGALDESCRIPTION All tho[ port of the plat of MOTOROLA, A PLANNED INDUSTRIAL DEVELOPMENT, according to the plot thereof, as recorded in Plat Book 45, Page 159 of the Palm Beach County, Florida Public Records, being more particularly described as follows: Commencing the Northeast corner of said plot of MOTOROLA, said point lying 50.00 feet South of, as measured at right angles fo the centerline of NW 22nd Avenue and lying on the Westerly Right-of-Way Line of the Lake Worth Drainage District Equalizing Canal E-4-; thence from said Point of Commencement, South 07']0'05" East (bearings mentior)ed herein ore in the me('idion of said plot of MOTOROLA and oll other bearings herein ore in reference thereof), along the. Westerly Rfght-of-Woy Line of said Lake Worth' Drainage Dist{ ct Equalizing Canal E~f~, o dis[once of 4-.02 · feet; thence continue South 07'10'05" East, along said Westerly Right-of-way-Line, o dis(once of 1172.27 feet to the Point of Curvature of o curve to the right, having a radius of .398.00 feet; thence Sou[hotly, along the arc ,o.f ,,said curve, continuing along said Westerl i - - · through o central angle of 17'2558 o d[stonc- ~¢ ,'~ .... . . .... y Rght of Way Lme, ' South '"'"~'~" · ,. v, ,~.uo feet to the ~o~nt of Ton en · ,u Jo Jo West, continuing along said Westerly Rinht-of w,.',, m=~,. - .,. · g..c~. ~_h. ence · . ~ ---,,~] t-ii~, u uls~once of J/4-.,37 feet to the Point of Beginning; thence South 10'15'35" West, continuing along I~[gEt-ofT-Woy Line, o dfstonce of 60~.74- feet to o Point of Curvature of said Westerly o curve to the left; having o radius of 593.19 feet; thence Southerly along the arc of said curve, continuing 0long said We 'ly RrghtIof-Way.Line, through a central angle of 22'26'28", o dis[once of 154.'00 feet to the r'oint of Tongency; thence South 12'10'53" East, continuing along said'Westerly right~of-Woy .ina, o distance of 72.61 feet to the Southeast Corner of.said plot of MO'~OROLA; thence South B8'55'5.3" West, .along the South Line of said pi0[ of MOTOROLA, also being the North Right-~3f-Woy .ina of the Boyn~:on Canal C-lB, os recorded in Official Records Book 3555. Page 982, Palm Beach 't-aunty, Florida Public Records, o distance of 14-78.O2 feet: [o the intersection with the Easterly {ight-of-Woy Line of Congress Avenue, being the East Line of that certain 10 'foot strip of land os ihown on said plot of MOTOROLA os oddit'ionol Right-of-Way dedicated by said plot; thence North )0'12'55" West, along said Easterly Right-of-Way Line , o distance of 518.O4-. feet; thence North )4'21'02" East, along the Easterly Right-of-Way Line of Congress Avenue, os' recorded in Official ~ecords Book 6654-, Page 4-08, Palm Beach County, Florida Public Records, o distance of 130.08 eot; thence North O0'38'39" East, continuing along said Easterly Right'of-Woy Line, o distance of 85.90 feet; thence North 89'`33'31" East, o distance of ~557.45 feet to the Point of Beginning. BOOK 15931 ~*AGE 1609 Exhibit "A" Legal Description All of the plat of Motorola, a Planned Industrial Development, according to the map er plat thereof as recorded in Plat Book 43, Page 139, Public Records of Palm Beach County, Florida, less and except Gateway Boulevard, (N.W. 22"d Avenue) right of way and Congress Avenue fight of way; less and except road right of way parcels conveyed to Palm Beach County, by deeds recorded in O.R. Book 6654, Pages 408 and 410, Public Records of Palm Beach County, Florida; Further less and except that parcel conveyed by Statutory Warranty Deed recorded in O.R. Book 7738, Page 1863, more particularly described as follows: A certain parcel of land lying in Section 17, Township 45 South, Range 43 East, City of Boynton Beach, Palm Beach County, Florida, lying within the Plat of Motorola, a Planned Industrial Development, as recorded in Plat Book 43, Pages 139 and 140, Public Records of Palm Beach County, Florida, more particularly described as follows: Beginning at the Northeast comer of said Plat of Motorola, said point lying 54.00 feet South of, as measured at right angles to, the centerline ofN. W. 22"a Avenue and lying on the Westerly Right of Way of the Lake Worth Drainage District equalizing Canal E-4, thence from said Point of Begiuning, South 07° 10' 03" East, (bearings mentioned herein are in the meridian of said plat of Motorola and all other bearings herein are in Reference thereto) along the Westerly Right of Way of said Lake Worth Drainage District Canal E-4, a distance of 270.00 feet; thence South 89° 04' 47" West, a distance of 245.98 feet; thence North 45° 55' 13" West, a distance of 117.94 feet; thence North 00° 55' 13" West, a distance of 185.00 feet to a point on the South Right of Way line ofN. W. 22"a Avenue; thence North 89° 04' 47" East along the North line of said Plat of Motorola (also being the South Right of Way line ofN. W. 22"d Avenue), a distance of 300.00 feet to the Point of Beginning. LESS AND EXCEPT the following described parcel All that part of the plat of Motorola, a Planned Industrial Development, according to the map or plat thereof as recorded in Plat Book 43, Page 139, Public Records of Palm Beach County, Florida, being more particularly described as follows: Commencing at the Northeast comer of said plat of Motorola, said point lying 50.00 feet South of, as measured at right angles to the centerline of NW 22"a Avenue and lying on the Westerly Right of Way line of the Lake Worth Drainage District Equalizing Canal E-4; thence from said point of commencement, South 07° 10' 03" East (bearings mentioned heroin are in the meridian of said plat of Motorola and all other bearings herein are in reference thereto), along the Westerly Right of Way line of said Lake Worth Drainage District Equalizing Canal E-4, a distance of 4.02 feet; thence continue South 07° 10' 03" East, along said Westerly Right of Way line, a distance of 1172.27 feet to the point of curvature to the fight, having a radius of 398.00 feet; thence Southerly along the arc of said curve, continuing along said Westerly Right of Way line, through a central angle of 17° 25' 38", a distance of 121.06 feet to the point oftangency; BODK 15931 PAGE 1610 thence South 10° 15' 35" West, continuing along said Westerly Right of Way line, a distance of 374.37 feet to the Point of Beginning; thence South 10° 15' 35" West, continuing along said Westerly Right of Way line, a distance of 603.74 feet to the Point of curvature of a curve to the let~; having a radius of393.19 feet; thence Southerly along the arc of said curve, continuing along said Westerly Right of Way line, through a central angle of 22° 26' 26", a distance of 154.00 feet to a point of tangency; thence South 12° 10' 53" East, continuing along said Westerly Right of Way line, a distance 'of 72.61 feet to the Southeast comer of said plat of Motorola; thence South 88° 55' 53" West, along the South line of said plat of Motorola, also being the North Right of Way line of the Boynton Canal C-16, as recorded in O.R. Book 3553, Page 982, Public Records of Palm Beach County, Florida, a distance of 1478.02 feet to an intersection with the Easterly Right of Way line of Congress Avenue, being the East line of that certain 10 foot wide strip of land as shown on said plat of Motorola, as additional Right of Way dedicated by said Plat; thence North 00° 12' 55" West, along said Easterly Right of Way line, a distance of 518.04 feet; thence North 04° 21' 02" East, along the Easterly Right of Way line of Congress Avenue, as recorded in O.R. Book 6654, Page 408, Public Records of Palm Beach County, Florida, a distance of 130.08 feet, thence North 00° 38' 39" East, continuing along said Easterly Right of Way line, a distance of 185.90 feet; thence North 89° 33' 31" East, a distance of 1557.45 feet to the Point of Beginning. EXHIBIT 3-A AFFIDAVIT OF OWNERSHIP AND CONSENT TO THE CREATION OF RENAISSANCE COMMONS COMMUNITY DEVELOPMENT DISTRICT STATE OF FLORIDA ) ) SS COUNTY OF PALM BEACH ) On this ~ ~ day of December, 2004, personally appeared before me, an officer duly authorized to administer oaths and take acknowledgments, Stephen B. Liller, who, after being duly sworn, deposes and says: 1. Affiant, Stephen B. Liller, an individual, is a Vice President of Town and Country Builders, Inc., a Florida corporation (herein, the "Corporation"). 2.The Corporation is the owner of the following described property, to wit: See Exhibit "A" attached hereto (the "Property"). 3. Affiant, Stephen B. Liller, hereby represents that he has full authority to execute all documents and instruments on behalf of the Corporation, relating to the Petition before the City Commission of the City of Boynton Beach, Florida, to enact an ordinance to establish the Renaissance Commons Community Development District (the "Proposed CDD"). 4. The Property represents a portion of the real property to be included in the Proposed CDD. 5. Affiant, Stephen B. Liller, on behalf of the Corporation, as the sole owner of the Property in the capacity described above, hereby consents to the establishment of the Proposed CDD. FURTHER, AFFIANT SAYETH NOT. ~~,4//) Stephen B. Liller Subscribed and sworn to before me this ~ ;C day of December, 2004, by Stephen B. Liller, a Vice President o.f~Town and Country Builders, Inc., a Florida~corpop'ation~ who personally appeared before me, ~'~is personally known to me or [] produced /~-(_ .~'~.z,~-d~as identification. - · [NOTARIAL SEAL] rint Name: /~cC/'d~ ~ Notary Public, State of Florida My Commission Expires:_ Exhibit A 951 Broken Sound Parkwa,/, Suite 320 ~ca Raton, FIodda 33487 Z SURVEYING & MAPPING Ce~e of Authorization No, ~72~ SKETCH AND LEGAL DESCRIPTION (NOT A SURVEY) RENAISSANCE COMMONS - MONTEVERDE A PORTION OF "MOTOROLA", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 43 AT PAGES 139 AND 140 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BEINO MORE PARTICULARLY DESCRIBED AS FOLLOWS~ COMMENCING AT THE NORTHEAST CORNER OF SAID "MOTOROLA"~ THENCE SOUTH 07°10'03'' EAST, ALONG THE EAST LINE OF SAID PLAT, A DISTANCE OF 4.02 FEET TO TH'E SOUTH RIGHT-OF-WAY LINE OF GATEWAY BOULEVARD (N.W. 22ND AVENUE)~ THENCE CONTINUE SOUTH 07°10'03'' EAST, ALONG SAID EAST LINE, A DISTANCE OF 671.90 FEET~ THENCE SOUTH 82°49'57'' WEST, A DISTANCE OF 893.37 FEET TO THE POINT OF BEGINNINGs THENCE SOUTH 00°00'12'' WEST, A DISTANCE OF 57.95 FEET~ THENCE SOUTH 88°41'41'' WEST, A DISTANCE OF 55.30 FEETt THENCE SOUTH 00°06'10'' WEST, A DISTANCE OF 284,37 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE TO THE LEFT, AT WHICH THE RADIUS POINT BEARS SOUTH 76°19'41'' EAST~ THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 457.00 FEET AND A CENTRAL ANGLE OF 13°51'04'', A DISTANCE OF 110,48 FEET TO THE POINT OF TANGENCYs THENCE SOUTH 00°10'45'' EAST, A DISTANCE OF 348.19 FEET~ THENCE SOUTH 89033'31'' WEST, ALONG THE NORTH LINE OF AN INGRESS-EGRESS EASEMENT, AS RECORDED IN OFFICIAL RECORDS BOOK 15482, AT PAOE 627 OF SAID PUBLIC RECORDS, A DISTANCE OF 409.40 FEETs THENCE NORTH 00°07'42" WEST, A DISTANCE OF 330.11 FEETs THENCE NORTH 03°05'34,, EAST, A DISTANCE OF 152.24 FEET~ THENCE NORTH 00°36'51'' EAST, A DISTANCE OF 224.05 FEET~ THENCE NORTH 27°14'24'' EAST, A DISTANCE OF 62.84 FEET~ THENCE NORTH 00°00'12'' EAST, A DISTANCE OF 42.35 FEET~ THENCE SOUTH 89°59'48,, E~.~,T, A DISTANCE OF 438.41 FEET TO THE POINT OF BEGINNING. ' ' Tel: (561) 241-9988 Fax: (561) 241-5182 SAID LANDS SITUATE IN THE CITY OF BOYNTON BEACH, P~LM BEACH COUNTY, FLORIDA, AND CONTAIN 7.597 ACRES, MORE OR LESS. Ii~llI. REPRODUCTIONS OF THIS SKETCH ARE NOT VALID WITHOUT THE I'- SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED O SURVEYOR AND MAPPER. Z2. EASEMENTS AND RIGHTS-OF-WAY SHOWN HEREON ARE TAKEN FROM TITLE COMMITMENT NUMBER 0PM-2383670, AS PREPARED BY ATTORNEYS' TITLE INSURANCE FUND, INC., EFFECTIVE DATE: JULY 7, 2003, AT 10:23:41 A.M. 3. THE BEARINGS SHOWN HEREON ARE BASED ON THE WEST LINE OF SAID SECTION 20-45-43, HAVING A BEARING OF NORTH 00°12'55'' WEST, AS SHOWN ON SAID PLAT OF MOTOROLA. Z IHEREBY CERTIFY THAT THE SKETCH AND DESCRIPTION O SHOWN HEREON COMPLIES WITH MINIMUM TECHNICAL ST~ND/~RDS ~--. AS CONTAINED IN CHAPTER 61G17-6, FLORIDA ADMINISTRATIVE <~ CODE PURSUANT TO SECTION 472.027, FLORIDA STATUTES, 0 AND THAT SAID SKETCH A,ND DESCRIPTION IS TRUE AND  . CORRECT TO THF~,BEST OF MY KNOWLEDGE AND BELIEF LU 3E -- ' ' FLORIDA LICENSE NO. LS5111 LAST DATE OF FIELD WORK : NOT A suRvEY iJoB NO. 02151 D~ BY, JSH cK,e i~y, J$ SH[£T 1 OF 2 951 Broken Sound Parkway, Suite 320 Boca Raton, Florida 33487 SURVEYING & MAPPING Certificate of Au~o,'izatJon No, LB7264 Tel: (561) 241-9988 Fax: (561) 241-5182 SKETCH AND LEGAL DESCRIPTION (NOT A SURVEY) RENAISSANCE COMMONS - VISTABELLA Z A PORTION OF "MOTOROLA", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT O BOOK 43 AT PAGES 139 AND 140 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, ~ FLORIDA, BEIN0 MORE PARTICULARLY DESCRIBED AS FOLLOWS= 13- COMMENCING AT THE NORTHEAST CORNER OF SAID "MOTOROLA"~ THENCE SOUTH OC~ 07o10'03'' SAID A DISTANCE OF 4.02 FEET TO THE EAST, ALONG THE EAST LINE OF PLAT, SOUTH RIGHT-OF-WAY LINE OF GATEWAY BOULEVARD (N.W. 22ND AVENUE)j THENCE ~i.~jCONTINUE ALONG SAID EAST LINE, OF 270.00 FEET TO SOUTH 07010'03" EAST, A.DISTANCE THE POINT OF BEGINNINGj THENCE CONTINUE SOUTH 07°10'03 EAST, ALONG SAID EAST ~ LINE, A DISTANCE OF 725.86 FEETj THENCE SOUTH 89°56'03" WEST, A DISTANCE OF 344.37 <~ FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE LEFT~ THENCE WESTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 40.00 FEET AND A ~('~CENTRAL ANGLE OF 28°37'29% A DISTANCE OF 19.98 FEETj THENCE NORTH 28o41'26" _.1 WEST, ALONG A RADIAL LINE, A DISTANCE OF 17.39 FEET~ THENCE NORTH 55039'54'' WEST, A DISTANCE OF 42.83 FEET~ THENCE NORTH 85°20'11" EAST, A DISTANCE OF 12.59 FEET TO A P0]NT ON THE ARC OF A CIRCULAR CURVE TO THE LEFT, AT WHICH THE RADIUS POINT BEARS NORTH 43039'44" WEST~ THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, HAVINO A RADIUS OF 216.00 FEET AND A CENTRAL ANOLE OF 47°06'05", A DISTANCE OF 177.57 FEET TO THE POINT OF TANOENCYj THENCE NORTH 00°45'49" WEST, A DISTANCE OF 547.02 FEET~ THENCE SOUTH 45°55'13'' EAST, ALONG THE SOUTH LINE OF THE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 7738 AT PAGE 1863 OF SAID PUBLIC RECORDS, A DISTANCE OF 33.01 FEETj THENCE NORTh:89°04'47" EAST, ALONG SAID SOUTH LINE, A DISTANCE OF 245.98 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE IN THE CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA, AND CONTAIN 5.221 ACRES, IvlORE OR LESS. I.¢J') REPRODUCTIONS OF THIS SKETCH ARE NOT VALID WITHOUT THE ~ SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED gO SURVEYOR AND MAPPER. 2. EASEMENTS AND RIGHTS-OF-WAY SHOWN HEREON ARE TAKEN FROM TITLE COMMITMENT NUMBER 0PMi2383670, AS PREPARED BY ATTORNEYS' TITLE INSURANCE FUND, INC., EFFECTIVE DATE: dULY ?, 2003, AT 10:23:41 A.M. 3. THE BEARINGS SHOWN HEREON ARE BASED ON THE WEST LINE OF SAID SECTION 20-45-43, HAVING A BEARING OF NORTH 00°12'55" WEST, AS SHOWN ON SAID PLAT OF MOTOROLA. Z I HEREBY CERTIFY THAT THE SKETCH AND DESCRIPTION O SHOWN HEREON COMPLIES WITH MINIMUM TECHNICAL STANDARDS ~<~ AS CONTAINED IN CHAPTER 61017-6, FLORIDA ADMINISTRATIVE CODE PURSUANT TO SECTION 472.027, FLQRIDA STATUTES, C.) AND THAT SAID SKETCH AND DESCRIPTION IS TRUE AND ~T CORRECT TO T/H~ BEST OF MY KNOWLEDGE AND BELIEF ~_. AS PREPA. RE.D/U~DER MY DIRECTION. '~'.,9~'~VE~'OR AND MAPPER FLORIDA LICENSE NO. LS5111 LAST DATE OF FIELD WORK : NOT A SURVEY JoBP~°I ectNO, Nonm. 02151REHA{SSN~C[ C01AI40NS 2 D~C~,DI~Y,i~y, jsJSH VISTABELLA D~£~SHEET IOF9116/20042 ~ 240 ~f "P, ena~;san=e Ce~.ons, a P.U.~).'~ac~aord.tug EXHIBIT 3-B AFFIDAVIT OF OWNERSHIP AND CONSENT TO THE CREATION OF RENAISSANCE COMMONS COMMUNITY DEVELOPMENT DISTRICT STATE OF FLORIDA ) ) SS COUNTY OF PALM BEACH ) On this O)-d'~day of December, 2004, personally appeared before me, an officer duly authorized to administer oaths and take acknowledgments, James Comparato, who, after being duly sworn, deposes and says: 1. Affiant, James Comparato, an individual, is the Manager of Compson Associates of Boynton LLC, a Florida limited liability company, the Manager of Compson Associates of Boynton II, LLC, a Florida limited liability company, and a principal of certain other related entities formed and to be formed (herein, collectively, the "CompanieS"). 2.The Companies are the owners of the following described property, to wit: See Exhibit "A' attached hereto (the "Property"). 3. Affiant, James Comparato, hereby represents that he has full authority to execute all documents and instruments on behalf of the Companies, including the Petition before the City Commission of the City of Boynton Beach, Florida, to enact an ordinance to establish the Renaissance Commons Community Development District (the "Proposed CDD"). 4. The Property represents a portion of the real property to be included in the Proposed CDD. 5.Affiant, James Comparato, on behalf of the Companies, as the sole owner of the Property in the capacity described aj.b~ve, hereby cons)~ to the establishment of the Proposed CDD. // FURTHER, AFFIANT SAYETH NOT. S ubscribed and sworn to before m/e/ t.hi~/ c~ ~y/~f December, 2004, by James Comparato, the Manager of Compson Ai~soc. j~'tes of Boyr~ton LLC, a Florida limited liability compan~y.,~'fi~ Manager of Compson Ass~_.ia~es of Boyn{on II, LLC a Florida limited liab ty c~o....n.n.n~-ny, arid a principal of certain other related entities, who personally appeared before me, Fffl's personally known to me or ~ produced as identification. [NOTARIAL SEAL] ,,'""~"'"'", CLAUDETTE DIAMOND !~ MY COMMISSION # DD 224139 Print Name:( I ~-~, ,,,~ ~ ~ ~o '--~, Notary Publi~,, State of Florida My Commissior) Expire~4,....~__L~_~ BOOK 15931 F~GE 1609 Exhibit "A" Legal Description All of the plat of Motorola, a Planned Industrial Development, according to the map or plat thereof as recorded in Plat Book 43, Page 139, Public Records of Palm Beach County, Florida, less and except Gateway Boulevard, (N.W. 2 ~d · 2 Avenue) right ofway and Congress Avenue right of way; less and except road right of way parcels conveyed to Palm Beach County, by deeds recorded in O.R. Book 6654, Pages 408 and 410, Public Records of Palm Beach County, Florida; Further less and except that parcel conveyed by Statutory Warcanty Deed recorded in O.R. Book 7738, Page 1863, more particularly described as follows: A certain parcel of land lying in Section 17, Township 45 South, Range 43 East, City of Boynton Beach, Palm Beach County, Florida, lying within the Plat of Motorola, a Planned Industrial Development, as recorded in Plat Book 43, Pages 139 and 140, Public Records of Palm Beach County, Florida, more particularly described as follows: Beginning at the Northeast comer of said Plat of Motorola, said point lying 54.00 feet South of, as measured at right angles to, the centerline ofN. W. 22nd Avenue and lying on the Westerly Right of Way of the Lake Worth Drainage District equalizing Canal E4, thence from said Point of Beginning, South 07° 10' 03" East, (bearings mentioned herein are in the meridian of said plat of Motorola and all other beatings herein are in Reference thereto) along the Westerly Right of Way of said Lake Worth Drainage District Canal E-4, a distance of 270.00 feet; thence South 89° 04' 47" West, a distance of 245.98 feet; thence North 45° 55' 13" West, a distance of 117.94 feet; thence North 00° 55' 13" West, a distance of 185.00 feet to a point on the South Right of Way line ofN.W. 22~ Avenue; thence North 89° 04' 47" East along ~he North line of said Plat of Motorola (also being the South Right of Way line ofN. W. 22ua Avenue), a distance of 300.00 feet to the Point of Beginning. LESS AND EXCEPT the following described parcel All that part of the plat of Motorola, a Planned Industrial Development, according to the map or plat thereof as recorded in Plat Book 43, Page 139, Public Records of Palm Beach County, Florida, being more particularly described as follows: Commencing at the Northeast comer of said plat of Motorola, said point lying 50.00 feet South of, as measured at right angles to the centerline ofNW 22"d Avenue and lying on the Westerly Right of Wayline of the Lake Worth Drainage District Equalizing Canal E-4; thence from said point of commencement, South 07010' 03" East (bearings mentioned herein are in the meridian of said plat of Motorola and all other bearings herein are in reference thereto), along the Westerly Right of Way line of said Lake Worth Drainage District Equalizing Canal E-4, a distance of 4.02 feet; thence continue South 07° 10' 03" East, along said Westerly Right of Way line, a distance of 1172.27 feet to the point of curvature to the right, having a radius of 398.00 feet; thence Southerly along the arc of said curve, continuing along said Westerly Right of Way line, through a central angle of 17° 25' 38", a distance of 121.06 feet to the point oftangency; thence South 10° 15' 35" West, continuing along said Westerly Right of Way line, a distance of 374.37 feet to the Point of Beginning; thence South 10° 15' 35" West, continuing along said Westerly Right of Way line, a distance of 603.74 feet to the Point of curvature ora curve to the left; having a radius of393.19 feet; thence Southerly along the arc of said curve, continuing along said Westerly Right of Way line, through a central angle of 22° 26' 26", a distance of 154.00 feet to a point of tangency; thence South 12° 10' 53" East, continuing along said Westerly Right of Way line, a distance 'of 72.61 feet to the Southeast comer of said plat of Motorola; thence South 88° 55' 53" West, along the South line of said plat of Motorola, also being the North Right of Way line of the Boynton Canal C-16, as recorded in O.R. Book 3553, Page 982, Public Records of Palm Beach County, Florida, a distance of 1478.02 feet to an intersection with the Easterly Right of Way line of Congress Avenue, being the East line of that certain 10 foot wide strip of land as shown on said plat of Motorola, as additional Right of Way dedicated by said Plat; thence North 00° 12' 55" West, along said Easterly Right of Way line, a distance of 518.04 feet; thence North 04° 21' 02" East, along the Easterly Right of Way line of Congress Avenue, as recorded in O.R. Book 6654, Page 408, Public Records of Palm Beach County, Florida, a distance of 130.08 feet, thence North 00° 38' 39" East, continuing along said Easterly Right of Way line, a distance of 185.90 feet; thence North 89° 33' 31" East, a distance of 1557.45 feet to the Point of Beginning. LESS A~D EXCEPT the following described parcels: f n51 Broken Sound Parkway, Suite 320 ca Paton, Florida 33487 SURVEYING & MAPPING CerUff~te of AuthorizaU~ No. ~72~ SKETCH AND LEGAL DESCRIPTION (NOT A SURVEY) RENAISSANCE COMMONS-MONTEVERDE Z A PORTION OF "MOTOROLA", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT O BOOK 43 AT PAGES 139 AND 140 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, ~_. FLORIDA, BEIN0 MORE PARTICULARLY DESCRIBED AS FOLLOWS: il. COMMENCING AT THE NORTHEAST CORNER OF SAID "MOTOROLA"; THENCE SOUTH (G~.3n~ 07°10'03" EAST, ALONG THE EAST LINE OF SAID PLAT, A DISTANCE OF 4,02 FEET TO THE ~O311 SOUTH RIGHT-OF-WAY LiNE OF 0ATEWAY BOULEVARD IN.W. 22ND AVENUE); THENCE CONTINUE SOUTH 07°10'O3" EAST, ALONG SAID F~T IINr a nlCTAUOE ~E ~ ....... THENCE SOUTH 82 49 57 WEST, A DISTANCE OF 893.37 FEET TO THE P0]NT OF BEGINNING: 1:~ THENCE SOUTH O0°00'12'' WEST, A DISTANCE OF 57.95 FEET; THENCE SOUTH 88°41'41" <~ WEST, A DISTANCE OF 55.30 FEET; THENCE SOUTH 00°O6'10' WEST, A DISTANCE OF 284,37 i1(~1 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE TO THE LEFT, AT WHICH THE RADIUS POINT BEARS SOUTH 76°19'41' EAST; THENCE SOUTHERLY ALONG THE ARC OF ~ SAID CURVE, HAVING A RADIUS OF 457.00 FEET AND A CENTRAL ANGLE OF 13°51'O4", A DISTANCE OF 110.48 FEET TO THE POINT OF TANOENCY; THENCE SOUTH 00°10'45" EAST, A DISTANCE OF 348.19 FEET; THENCE SOUTH 89°33'31" WEST, ALONG THE NORTH LINE OF AN INGRESS'EGRESS EASEMENT, AS RECORDED IN OFFICIAL RECORDS BOOK 15482, AT PAGE 627 OF SAID PUBLIC RECORDS, A DISTANCE OF 409.40 FEET; THENCE NORTH OO°O7'42" WEST. A DISTANCE OF ~30, IJ FEET; THENCE NORTH 03°05'34" EAST, A DISTANCE OF 152.24 FEET; THENCE NORTH 00'36'51" EAST, A DISTANCE OF 224.05 FEETi THENCE NORTH 27°14'24' EAST, A DISTANCE OF 62.84 FEET; THENCE NORTH 00'00'12" EAST, A DISTANCE OF 42.35 FEET; THENCE SOUTH 89°59'48'' ~,,T, A DISTANCE OF 438.41 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE IN THE CITY OF BOYNTON BEACH. P~LM BEACH COUNTY, FLORIDA, AND CONTAIN 7.597 ACRES, MORE OR LESS. H(~J. REPRODUCTIONS OF THIS SKETCH ARE NOT VALID WITHOUT THE ~ SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. Z2. EASEMENTS AND RIOHTS-0F-WAY SHOWN HEREON ARE TAKEN FROM TITLE COk~4ITMENT NUMBER 0PM-2383670, AS PREPARED BY ATTORNEYS' TITLE INSURANCE FUND, INC., EFFECTIVE DATE~ JULY T, 2003, AT 10:23:41 A.M. 3. THE BEARINGS SHOWN HEREON ARE BASED ON THE WEST LINE OF SAID SECTION 20-45-43, HAVING A BEAR[NO OF NORTH 00°12'55'' WEST, AS SHOWN ON SAID PLAT OF MOTOROLA. Z IHEREBY CERTIFY THAT THE SKETCH AND DESCRIPTION SHOWN HEREON COMPLIES WITH MINIMUM TECHNICAL STANDARDS AS CONTAINED IN CHAPTER 61G17-6, FLORIDA ADMINISTRATIVE CODE PURSUANT TO SECTION 472.O27, FLORIDA STATUTES, AND THAT S~D SKETCH AND DESCRIPTION IS TRUE AND CORRECT TO THF~BEST OF MY KNOWLEDGE AND BELIEF FLORIDA LICENSE NO. LS5111 LAST DATE OF FIELD WORM : NOT A SURVEY I Name, R£HNSSkq~[ COI/~OflS 2 J MONTEVI~ROE I)~T[, 9/J6/2004 02151 D~ BY, JSH m'= By, JS SHEET I OF 2 Tel: (561) 241-9988 Fax: (561) 241-5182 951 Broken Sound Parkway, Suite 320 Boca Raton, Redda 33487 SURVEYING & MAPPING Cedric, ate of Authodzation No. LB7264 Tel: (561} 241-9988 Fax: (561) 241-~182 SKETCH AND LEGAL DESCRIPTION (NOT A SURVEY) RENAISSANCE COMMONS - VISTABELLA Z A PORTION OF "MOTOROLA", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT O BOOK 43 AT PAGES 139 AND 140 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, ~_ FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: 13. COMMENCING AT THE NORTHEAST CORNER OF SAID "MOTOROLA"; THENCE SOUTH (.1~13~ 07o10'03' ALONG THE EAST LINE OF SAID PLAT, A DISTANCE OF 4.02 FEET TO THE EAST, SOUTH RIGHT-OF-WAY LINE OF GATEWAY BOULEVARD (N.W. 22ND AVENUE); THENCE ~(~11 CONTINUE ALONG SAID EAST LINE, A DISTANCE OF 270.00 FEET TO SOUTH 07o10'03" EAST, THE POINT OF BEOINN[NG; THENCE CONTINUE SOUTH 07°10'03" EAST, ALONG SAID EAST t~ LINE, A DISTANCE OF 725,86 FEET; THENCE SOUTH 89°56'03" WEST, A DISTANCE OF ]44,37 <~ FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE LEFT; THENCE WESTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 40,00 FEET AND A iTl CENTRAL ANOLE OF 28°3?'29", A DISTANCE OF 19.98 FEET; THENCE NORTH 28o41 '26'' _J WEST, ALONG A RADIAL LINE, A DISTANCE OF 17.39 FEET; THENCE NORTH 55°39'54" WEST, A DISTANCE OF 42,83 FEET; THENCE NORTH 85°20'11'' EAST, A DISTANCE OF 12,59 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE TO THE LEFT, AT WHICH THE RADIUS POINT BEARS NORTH 43°39'44" WEST; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 216.00 FEET AND A CENTRAL ANOLE OF 47°06'05", A DISTANCE OF 17T,57 FEET TO THE POINT OF TANGENCY; THENCE NORTH 00°45'49" WEST, A DISTANCE OF 547,02 FEET; THENCE SOUTH 45°55'i3'' EAST, ALONG THE SOUTH LINE OF THE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 7738 AT PAGE 1863 OF SAID PUBLIC RECORDS, A DISTANCE OF 33.01 FEET; THENCE NORTFT~89°04'47" EAST, ALONG SAID SOUTH LINE, A DISTANCE OF 245.98 FEET TO THE POINT OF BEO]NNING. SAID LANDS SITUATE IN THE CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA, AND CONTAIN 5,221 ACRES, MORE OR LESS. REPRODUCTIONS OF THIS SKETCH ARE NOT VALID WITHOUT THE ~l'~jl' SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED I-- SURVEYOR AND MAPPER. Z02. SHOWN HEREON ARE TAKEN FROM EASEMENTS AND RIGHTS-OF-WAY TITLE COMMITMENT NUMBER OPM-238~GTO, AS PREPARED BY ATTORNEYS' TITLE INSURANCE FUND, ]NC., EFFECTIVE DATE: JULY 7, 2003, AT 10:23:41A,M. 3, THE BEARINGS SHOWN HEREON ARE BASED ON THE WEST LINE OF SAID SECTION 20'45-43, HAVING A BEARING OF NORTH 00°12°55" WEST, AS SHOWN ON SAID PLAT OF MOTOROLA. Z I HEREBY CERTIFY THAT THE SKETCH AND DESCRIPTION 0 SHOWN HEREON COMPLIES WITH MINIMUM TECHNICAL STANDARDS AS CONTAINED IN CHAPTER 61G17-6, FLORIDA ADMINISTRATIVE CODE PURSUANT TO SECTION 472,027, FLQRIDA STATUTES, AND THAT SAID SKETCH AND DESCRIPTION IS TRUE AND ~U_j CORRECT TO T.J-II~ BEST OF MY KNOWLEDGE AND BELIEF AS PREPA~RF-~D/U)~DER MY DIRECTION, C) ~DAPP _ ~RVEYOR AND MAPPER FLORIDA LICENSE NC). LS5111 LAST DATE OF FIELD WORK : NOT A SURVEY Prol~t W~fe, RENAS~/I~C[ COMMO~ 2 I VISTN]ELLA DATE, 9/16/2004 JO8 ~o. 02151 I~ 8~, JSH SHEET BOE .5482 PAGE 0612 LEGAL DESCRIPTION All that port of the plat of MOTOROLA, A PLANNED INDUSTRIAL DEVELOPMENT, according to the plat thereof, as recorded in Plat Rook 4-5, Page 159 of the Palm Beach County, Florida Public Records, being more particularly described as follows: Commencing the Northeast corner of said plat of MOTOROLA, said point lying 50.00 feet South of, os measured at right angles to the centerline of NW 22nd Avenue and lying on the Westerly Right-of-Way Line of the Lake Worth Drainage District Equalizing Canal E-4; thence from said Poir'~t of Commencement, South 07"]0'O3" East (bearings mentior)ed herein are in the me('idia~ of said plat of MOTOROLA and oil other bearings herein are in reference thereof). 'along the Westerly Right-of-Way Line of said Lake Worth' Drainage District Equalizing Canal E~ft, a diston.ae of 4.02 · feet; thence continue South 07'10'03" East, along said Westerly Righ't-of-Way 'Line, a dist'ance of 1172.27 feet to 'the Point of Curvature of a curve to the right, having a radius of 398.00 feet; thence Southerly, along the ara of said curve; continuing along sam .Westerly Right-of-Way Line, through a con(cai angle of 17'25'58", a distance of 121.08 feet .to the Paint of Tangenc.y; thence South 10'15'55" West, continuing along said Westerly Right-of-'Wa~. Line, a distance of 574-.57 feet to 'the Point of Beginning; thence South 10'15'35" West, continuing along said Westerly R. ight-of-Woy Line, o distance of 603.74. feet to o Paint of Curvature of o curve to the left; hr 'ng o radius of .593.19 feet; thence Southerly along the arc of said curve, continuing 0long said ~ dy Right-of-Way. Line, through o central angle of 22'26'28", a distance of 154100 feet to the ,~oint of Tongency; thence South 12'10'53" East, continuing along sa d'.Westedy right'of_Way Line, ,a..d,,istance of 72.61 feet to the Southeast Corner of saic[ plat of MOTOROLA;' ther~ce South · B8'55 53 West, along the South Line of said plat of MOTOROLA, also being the N'orth Right-Of-Way _me of the Boynton Canal C-16, as recorded in Official Records 8oak 3553. Page 982, Palm Beach 2aunty, Florida Public Records; o distance of 1478.02 feet to the intersection with the Easterly ~ight-of-Way Line of Congress Avenue, being the East Line of that certain 10 'foot strip of land os thown on said plot of MOTOROLA os oddi['ionol Right-of-Way dedicated by said plot; thence North )0'12'55" West, along said Easterly Right-of-Way Line , a distance of 518.04. feet; thence North )4'21'02" East, along the Easterly Right-of~Woy Line of Congress Avenue, cs' recorded in Official ~ecords Book 6654, Page 408, Palm Beach County, Florida Public Records, a distance of 130.08 eat; thence North 00'58'39" East, continuing along said Easterly Right-of-Way Line, a distance of 85.90 feet; thence North 89'53'31" East, a distance of 1557.45 feet to the Point of Beginning. ,ESS AND EXCEPT th~ following d~scribed parcel (L.._E,.[3~L_DESCRIPTION) Lo2 ~1, ~ough 240 of o~ ~e ~blie Roco~ds o~ EXHIBIT 4-A RENAISSANCE COMMONS COMMUNITY DEVELOPMENT DISTRICT ESTIMATED CONSTRUCTION TIME TABLE Stormwater Drainage, including related earthwork Water and Sewer System Landscaping and Irrigation in public dghts of way Roadway Improvements, including paving, street lighting, striping and signage Onsite Wetlands Mitigation Start February, 2004 August, 2004 August, 2004 November, 2004 November, 2004 Finish October, 2004 March, 2005 March, 2005 March, 2005 December, 2005 W PB-F$ I'~SA N FO RDS',505930vl 4',57161,010200 EXHIBIT 4-B RENAISSANCE COMMONS COMMUNITY DEVELOPMENT DISTRICT GOOD FAITH COST ESTIMATE Stormwater Drainage, including related earthwork Water and Sewer System Landscaping and Irrigation in public rights of way Roadway Improvements, including paving, street lighting, striping and signage Onsite Wetlands Mitigation TOTAL $1,745,000 $2,123,061 $2,331,776 $3,012,502 $ 8001000 $10,012,339 WPB'F$1~ANFORDS~505930v14~7161,010200 RENAISSANCE COMMONS Future Land Use Map  LRC LRC 0 BOYNTON CANAL MODR LEGEND Future Land Uses: LDR - Low Denalty Residential MODR - Moderate Density Residential LRC - Local Retail Commercial DRI - Development of Regional Impact 180 RENAISSANCE COMMONS COMMUNITY DEVELOPMENT DISTRICT STATEMENT OF ESTIMATED REGULATORY COSTS December, 2004 Prepared by Special District Services, Inc. 11000 Prosperity Farms Road, Suite 104 Palm Beach Gardens, Florida 33410 (561) 630-4922 Phone (561) 630-4923 Fax STATEMENT OF ESTIMATED REGULATORY COSTS 1.0 Introduction 1.1 Purpose and Scope This Statement of Estimated Regulatory Costs ("SERC") supports the petition to establish the Renaissance Commons Community Development District ("District"). The District comprises approximately 86.98+/- acres of land located in the City of Boynton Beach, Florida. The limitations on the scope of this SERC are explicitly set out in Section 190.002(2) (d), F.S. (governing community development district establishment) as follows: "That the process of establishing such a district pursuant to uniform general law shall be fair and based only on factors material to managing and financing the service delivery function of the district, so that any matter concerning permitting or planning of the development is not material or relevant." 1.2 Overview' of Renaissance Commons Community Development District The District is designed to provide district infrastructure, services, and facilities along with their operations and maintenance to a master planned residential development containing 1692 residential units within the boundaries of the District consisting of townhomes and condominium units. There will also be approximately 337,653 square feet of commercial space. 1.3 Requirements for Statement of Estimated Regulatory Costs Section 120.541 (2), F.S. (1997), defines the elements a statement of estimated regulatory costs must contain: (a) A good faith estimate of the number of individuals and entities likely to be required to comply with the rule, together with a general description of the types of individuals likely to be affected by the rule. (b) A good faith estimate of the cost to the agency, and to any other state and local government entities, of implementing and enforcing the proposed rule, and any anticipated effect on state and local revenues. (c) A good faith estimate of the transactional costs likely to be incurred by individuals and entities, including local governmental entities, required to comply with the requirements of the ordinance. As used in this paragraph, "transactional costs" are direct costs that are readily ascertainable based upon standard business practices, and include filing fees, the cost of obtaining a license, the cost of equipment required to be installed or used or procedures required to be employed in complying with the rule, additional operating costs incurred, and the cost of monitoring and reporting. (d) An analysis of the impact on small businesses as defined by Section 288.703, F.S., and an analysis of the impact on small counties and small cities as defined by Section 120.52, F.S. The City of Boynton Beach is not defined as a small City for purposes of this requirement. (e) Any additional information that the agency determines may be useful. (f) In the statement or revised statement, whichever appIies, a description of any good faith written proposal submitted under paragraph (1) (a) and either a statement adopting the alternative or a statement of the reasons for rejecting the alternative in favor of the proposed ordinance. "Note: the references to "rule" in the statuto~7 requirements for the Statement of Estimated Regulatory Costs also apply to an "ordinance" under section 190.005(2) (a), Florida Statutes." 2.0 A good faith estimate of the number of individuals and entities likely to be required to comply with the ordinance, together with a general description of the types of individuals likely to be affected by the ordinance. The Renaissance Commons Community Development District will serve land that comprises approximately 86.98+/- acres of residential development to be made up of an estimated 1692 residential units as described above. The estimated population of the District is 3350 +/-. The property owners in the District will be individuals and may own and operate industrial, manufacturing and other retail and non-retail related businesses outside the boundaries of the District. 3.0 A good faith estimate of the cost to the agency, and to any other state and local government entities, of implementing and enforcing the proposed rule, and any anticipated effect on state or local revenues. There is no state agency promulgating any rule relating to this project that is anticipated to effect state or local revenues. 3.1 Costs to Governmental Agencies of Implementing and Enforcing Ordinance Because the results of enacting the ordinance is establishment of a local special purpose government, there will be no enforcing responsibilities of any other government entity, but there will be various implementing responsibilities which are identified with their costs herein. State Governmental Entities There will be only modest costs to various State governmental entities to implement and enforce the proposed establishment of the District. The District as established on the 3.2 4.0 proposed land, will encompass under 1.000 acres, therefore, the City of Boynton Beach is the establishing entity under 190.005(2), F.S. The modest costs to various State entities to implement and enforce the proposed ordinance relate strictly to the receipt and processing of various reports that the District is required to file with the State and its various entities. Appendix A lists the reporting requirements. The costs to those State agencies that will receive and process the District's reports are very small, because the District is only one of many governmental units that are required to submit the various reports. Therefore, the marginal cost of processing one additional set of reports is inconsequential. Additionally, pursuant to section 189.412, F.S., the District must pay an annual fee to the State of Florida Department of Community Affairs which offsets such costs. City of Boynton Beach There will be only modest costs to the City for a number of reasons. First, review of the petition to establish the District does not include analysis of the project itself. Second, the petition itself provides much of the information needed for a staff review'. Third, the City already possesses the staff needed to conduct the review' without the need for new staff. Fourth, there is no capital required to review the petition. Finally, the City routinely processes similar petitions though for entirely different subjects, for land uses and zoning changes that are far more complex than is the petition to establish a community development district. The annual costs to City of Boynton Beach, because of the establishment of the District, are also very small. The District is an independent unit of local government. The only annual costs the City faces are the minimal costs of receiving and reviewing the various reports that the District is required to provide to the City. However, the Petitioner has included a payment of $15,000 to offset any expense the City may incur in the processing of the Petition, or in the monitoring of this District Impact on State and Local Revenues Adoption of the proposed ordinance will have no negative impact on state or local revenues. The District is an independent unit of local government. It is designed to provide infrastructure facilities and services to serve the development project and it has its own sources of revenue. No state or local subsidies are required or expected. In this regard it is important to note that any debt obligations incurred by the District to construct its infrastructure, or for any other reason, are not debts of the State of Florida or any other unit of local government. In accordance with State law, debts of the District are strictly its own responsibility. A good faith estimate of the transactional costs likely to be incurred by individuals and entities required to comply with the requirements of the ordinance. Table 1 provides an outline of the various facilities and services the proposed District may provide. The water and sewer utilities, storm~ater drainage, wetlands mitigation and certain offsite improvements will all be funded by the District. Table 1, PROPOSED FACILITIES AND SERVICES FACILITY FUNDED O&M BY OWNERSHIP BY BY Stormwater Drainage System CDD CDD CDD Potable Water Supply System CDD City City Sanitary' Sewer Systeln CDD City City Landscaping & Irrigation CDD CDD CDD Roadway bnprovements CDD City/County/CDD City/County/CDD Onsite Wetlands Mitigation CDD CDD CDD The petitioner has estimated the costs for providing the capital facilities outlined in Table 1. The cost estimates are shown in Table 2 below'. Total costs for those facilities, which may be provided, are estimated to be approximately $10,012,339. The District may issue special assessment bonds to fund all or a portion of the costs of these facilities. These bonds would be repaid through non ad valorem special assessments levied on all properties in the District that may benefit from the District's infrastructure program as outlined in Table 2. Prospective future landowners in the District may be required to pay non-ad valorem assessments levied by the District to secure the debt incurred through bond issuance. In addition to the levy of non ad valorem special assessments by various names for debt service, the District may also impose a non-ad valorem assessment to fund the operations and maintenance of the District and its facilities and services. Furthermore, locating in the District by new property owners is completely voluntary. So, ultimately, all owners and users of the affected property choose to accept the non ad valorem special assessments as a tradeoff for the benefits and facilities that the District provides. A community development district ("CDD") provides property owners with the option of having higher levels of facilities and services financed through self-imposed revenue. The District is an alternative means to manage necessary development services with related financing powers. District management is no more expensive, and often less expensive, than the alternatives of a municipal service taxing unit (MSTU), a property association, provision by the City, or through developer equity and/or bank loans. In considering these costs it shall be noted that owners of the lands to be included within the District will receive three major classes of benefits. First, landowners in the District will receive a higher long-term sustained level of public services and amenities sooner than would otherwise be the case. Second, a CDD is a mechanism for assuring that the community services and amenities will be completed concurrently with development of lands within the District. This satisfies the current growth management legislation, and it assures that growth pays for itself without undue burden on other consumers. Establishment of the District will ensure that these landowners pay for the provision of facilities, services and improvements to these lands. Third, a CDD is the sole form of governance which allows District landowners, through landowner voting, to determine the type, quality and expense of District services they receive, provided they meet the City's overall requirements. The cost impact on the ultimate landowners in the District is not the total cost for the District to provide infrastructure services and facilities. Instead, it is the incremental costs above what the landowners would have paid to install infrastructure via an alternative management mechanism. Given the low cost of capital for a CDD, the cost impact to landowners is negligible. This incremental cost of the high quality infrastructure provided by the District is likely to be fairly low. Table 2 COST ESTIMATE FOR DISTRICT FACILITIES Cost Estimates Stormwater Drainage System $1,745,000 Potable Water Supply and Sanitary Sewer Systems $ 2,123,061 Landscaping & Irrigation $ 2,331,776 Roadway Improvements $ 3,012,502 Onsite Wetlands Mitigation $ 800,000 Total $10,012,339 5.0 An analysis of the impact on small businesses as defined by Section 288.703, F.S., and an analysis of the impact on small counties and small cities as defined by Section 120.52, F.S. There could be both positive and negative impacts on small businesses because of the establishment of the District. Positive impacts could occur as a result of the additional population in the District requiring more goods and services from small businesses. Negative impacts could occur because of the increased competition generated by the new business in the commercial area within the District. The City of Boynton Beach has an estimated population in 2004 that is greater than 10,000; therefore the City is not defined as a "small" City according to Section 120.52, F.S, and there will accordingly be no impact on a small City because of the formation of the District. Palm Beach County has an estimated population in 2004 that is greater than 75,000; therefore the County is not defined as a "small" County according to Section 120.52, F.S, and there will accordingly be no impact on a small County because of the formation of the District. 6.0 Any additional useful information. The analysis provided above is based on a straightforward application of economic theory, especially as it relates to tracking the incidence of regulatory costs and benefits. Inputs were received from the petitioner's Engineer and other professionals associated with the petitioner. REPORT APPENDIX A LIST OF REPORTING REQUIREMENTS FL. STATUE CITATION DUE DATE Annual Financial Audit Annual Financial Report TRIM Compliance Report Form l: Statement of Financial Interest Public Facilities Report Public Meetings Schedule Bond Report Registered Agent Proposed Budget Public Depositor Report 190.008 & 218.39 190.008 & 218.32 200.068 112.3145 189.415 189.417 218.38 189.416 190.008 280.17 12 months after end of fiscal year 12 months after end of fiscal year no later than 30 days following the adoption of the property tax lev5, ordinance/resolution (if levying property taxes) within 30 days of accepting the appointment, then every year thereafter by 7/1 (by "local officers" appointed to special district's board); during the qualifying period, then every year thereafter by 7/1 (by "local officers" elected to special district's board) within one year of special district's creation; then annual notice of any changes; and updated report every 5 years, 12 months prior to submission of local government's evaluation and appraisal report quarterly, semiannually, or annually when issued within 120 days after delivery of bonds within 30 days after first meeting of governing board prior to October I annually by 11/30 XII. - LEGAL ITEM A.1 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Meeting Date~ [] December 7,2004 [] December 21,2004 [] January4,2005 [] January 18, 2005 Date Final Form Must be Turned in to City Clerk's Office November 15, 2004 (Noon.) December 6, 2004 (Noon) December 20, 2004 (Noon) January 3, 2005 (Noon) Requested City Commission Meefine Dates [] February 1,2005 [] February 15,2005 [] March 1,2005 [] March 15,2005 Date Final Form Must be Turned in to Ciw Clerk's Office January 17, 2005 (Noon) January 31, 2005 (Noon) February 14, 2005 (Noon) February 28, 2005 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Please place this request on the March 1, 2005 City Commission Agenda under'' Legal, Ordinance - Second Reading. The City Commission approved the subject request under Legal, Ordinance --'-~Firs[}~ c~::.~..> Reading on February 15, 2005. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 03-292. EXPLANATION: PROJECT: AGENT: LOCATION: DESCRIPTION: Chapter 22, Streets and Sidewalks (CDRV 05-005) City initiated - Engineering Division N/A Request for amendments to the Land Development Regulations, Chapter 22. Streets and Sidewalks related to street naming and renaming, construction of sidewalks, access to and work within public rights-of-way, and providing for appeaIs, work requirements and PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A Developmh'l{ 15ep~rTn~nt D~trec~'~or Planning and Zonifi~Director City Attorney / Finance / Human Resources SAPIanning\SHARED\WP\SPECPROJ\CODE REVIEW~Streets and Sidewalks~Agenda Item Request Chapter 22,Streets & Sidewalks CDRV 05-005 2nd reading 3-1-05.dot SABULLETIN\FORMS~AGENDA ITEM REQUEST FORM.DOC 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 '35 ORDINANCE NO. 05- O Iq AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING PART III, OF THE CITY OF BOYNTON BEACH CODE OF ORDINANCES, ENTITLED, "LAND DEVELOPMENT REGULATIONS", TO PROVIDE FOR THE CITY ENGINEER TO TAKE ACTION WITH RESPECT TO TECHNICAL SERVICES PROVIDED BY THE ENGINEERING DIVISION OF THE DEPARTMENT OF PUBLIC WORKS AS INDICATED IN EXHIBIT "A" ATTACHED HERETO; AMENDING CHAPTER 22, STREETS AND SIDEWALKS RELATING TO PERMITTING OF WORK WITHIN PUBLIC RIGHTS-OF- WAY AS IT MAY AFFECT PRIVATE PROPERTY ADJACENT THERETO; AND THE PROCESSING OF APPLICATIONS FOR PERMITS AS INDICATED IN SAID EXHIBIT "A' ATTACHED HERETO; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, the City Commission for the City of Boynton Beach, Florida ("City Commission") adopted Ordinance Number 095-02 on April 4, 1995, that revised and consolidated the City's regulations goveming the use and development of land and property within the City, in the best interest of the City, its residents, property owners, and visitors: and WHEREAS, the City Commission revised and consolidated the City's Land Development Regulations ("LDR's") into a comprehensive part of the City Code of Ordinances for ease of use and reference, as stated in Part III of the Code of Ordinances of the City of Boynton Beach, Florida; and WHEREAS, certain LDR's which established criteria, standards and specifications require periodic amendments; and WHEREAS, certain segments of the LDR's which require determination for the issuance of permits, signed statements, and permit approval as issued, signed and approved by the City Engineer and/or the Director of Public Works; and I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 WHEREAS, the City Commission adopted Ordinance Number 02-033 on August 20, 2002, and Ordinance Number 03-018 on June 3, 2003, that revised numerous requirements of the LDR's as they then existed, requiring certain approvals, determinations and directives, associated with technical services, to be issued by the City Engineer; and WItERES, other requirements of the LDR's as they currently exists, requiring certain updating, determinations, directives, approvals associated with technical services, to be also issued by the City Engineer. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMMISSION OF THE CITY OF BOYNTON BEACH, THAT: Section 1. The foregoing whereas clauses are true and correct and incorporated herein by this reference. Section 2.. That Part IH, entitled "Land Development Regulations" of the City of Boynton Beach Code of Ordinances, be, and the same is hereby amended so as to designate that additional actions associated with technical services provided by the Engineering Division of the Department of Public Works, shall be performed by the Director of Public Works and/or the City Engineer and indicated in Exhibit "A" which is attached hereto, and incorporated herein by reference. Section 3. That Part III, entitled "Land Development Regulations" of the City of Boynton Beach Code of Ordinances, be, and the same is hereby amended to provide for the deletion of obsolete language, clarification of provisions, renumbering, and re-lettering of Part III, as indicated in Exhibit "A" which is attached hereto and incorporated herein by reference. Section 4. Each and every other provision of the Land Development Regulations of the Code of Ordinances of the City of Boynton Beach not herein specifically amended shall remain in full force and effect as previously enacted. 1 2 3 4 5 6 7 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 8 Section 5. repealed. Section 6. All Ordinances or parts of Ordinances in conflict herewith are hereby Should any section of any provision of this Ordinance or portion hereof, any paragraph, sentence, or work be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 7. Authority is hereby granted to codify tkis Ordinance. Section 8. The Ordinance shall become effective immediately upon passage. FIRST READING is hereby approved by the City Commission of the City of Boynton Beach on this [~" dayof ~-~ru~ru ,2005. I APPROVED BY THE CITY Of BOYNTON BEACH CITY COMMISSION at Second and Final Reading and passage this day of ,2005. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk (CORPORATE SEAL) EXHIBIT "A" LAND DEVELOPMENT REGULATIONS CODE OF ORDINANCES, PART III CHAPTER 22 STREETS AND SIDEWALKS ARTICLE I. IN GENERAL Sec. 1. Street designation system. All streets, avenues or other thoroughfares for vehicular traffic shall be designated in accordance with city standards. Such designation shall be vested in the director public works who shall also maintain the city's master !an~ roadway file and allocate secondary street designations at his or her discretion. Sec. 1.1 Street naming system. Street names shall be issued as per the request of the originator of the street (or roadway) except in the case ora section line, where roads will be given a route number in additional to the assi~ed name by as determined by either the Florida Department of Transportation or palm Beach County, whichever has jurisdiction of the street (or roadway). Proposed streets which are on the same alignment with other existing named streets, shall bear the same name of the existing street. All street names shall have a suffix and in no case, except as indicated in the preceding sentence, shall the name of the proposed street (or roadway) duplicate be phonetically similar to existing street names regardless of the use of the suffix - street, avenue, boulevard. drive, place, court, etc. A. Curvilinear streets shall be named on the same basis as other streets and shall carry the same name through their entire length. B. Streets crossing Ocean Avenue shall have north and south added to their names accordingly. Suffixes shall be limited in use as follows: North-South Direction East-West Direction Court Aventte Drive Boulevard Lane Place Parkway Road Page 1 of 16 CODING: Words in ~!zz ~:g.'.. type are deletions from existing law. Words in underscore type are additions. Street Way The suffixes 'Boulevard' and 'Parkway' shall be reserved for arterials and collectors. The suffix 'Circle' is an option for either direction, however, it should be used as the name implies, i.e., a curvilinear roadway. The use of 'Terrace' and 'Trace' shall be reserved for minor streets, cul-de-sacs, etc. Any other requested suffix shall be approved by the director of public works prior to its inclusion into any development. Sec. 1.2 Vanity street name changes. A. Standard street name changes shall conform to the standards and requirements for naming streets as set forth in the preceding section, and shall be permitted only under the following circumstances: 1. In response to a City Commission directive, or 2. To eliminate duplication or confusion in street names, or 3. To reduce confusion in addressing. B. Name changes which do not meet the criteria above are considered "vanity street names" for the purposes herein and are permitted only under the following limited circumstances: 1. The desired name will not create confusion; and 2. The desired name does not duplicate in whole or in substantial portion, the name of any existing street; and 3. All property owners abutting the road have signed a petition requesting the change and a completed application has been submitted to the Department of Public Works/Engineering Division; and 4. The established fee has been paid [$1,400.00]; and 5. The entire length of the street must be renamed; and 6. The City Commissioners have approved the request Sec. 1.3 Street numbering/addressing. Lot or parcel addressing for individual tracts of land shall be designated in accordance withthe city's Uniform Addressing Procedure policy. Such designation shallbe vested in the director of public works or his designee, who shall also maintain the city's master roadway file. Page 2 of 16 CODING: Words in s~ke t~cugh type are deletions from existing law. Words in underscore type are additions. The addressing number system currently in use within the corporate limits of the city shall be maintained. For those lots or parcels located in the neighboring local government (Palm Beach County) that are or will be annexed into the city will, if possible, be assigned in a manner that maintains: 1. A logical sequence of numbers along the street or roadway on which the property is located, and as established in that neighboring government, and 2. A consistent pattern of separation of even and odd numbers. The establishing of the exact number of a particular lot or parcel entails the dimensions of the lot in question, and its distance from the nearest land line or street as given in the legal description. If the lot is on an East-West (E-W) street, it will receive an E-W number (even numbers on the south side of the street and odd numbers on the north side). If the lot is one on a North-South (N-S) street, it will received a N-S number (even numbers on the east side of the street and odd numbers on the west side). Sec. 1.4 Vanity Street numbering/addressing. A. Street numbering and addressing for commercial and residential properties, shall be based on the City's grid system as described. B. Requested addresses which do not adhere to the City's grid system are considered "vanity addresses" for the purposes herein, are prohibited for residential uses and shall not be permitted for non-residential uses except under the following circumstances: 1. The entity requesting the "vanity address" is a prominent commercial entity and has a location which is widely recognized in the community; and 2. The requested number is not out of sequence with any existing numbers on the same street. (For example, the number 100 would not be permitted on a lot which is located between two existing lots with the addresses #500 and #550); and the property; and Emergency Medical Services and the Post Office would be able to locate 4. An individual with the assistance ora generally distributed local street map would be able to locate the property without undue difficulty~ and street;and The requested address does not duplicate an existing address on the same 6. The requested address would, in no way, be injurious to or infringe upon the existing fights of any other commercial entity in the County; and Page 3 of 16 CODING: Words in :~!w, ~'agh type are deletions from existing law. Words in underscore type are additions. 7. The requestor has submitted an affidavit which acknowledges that the requested address may result in delays in mail delivery and service provisions; and 8. The established fee has been paid and the requestor has submitted a complete application to the Department of Public Works/Engineering Division; and 9. The City Commissioners have approved the request and have made a finding that the address request is related to a City goal, such as economic development, which takes precedence over the goal of maintaining the city's grid system. Sec. 3. Minimum width of new or rebuilt streets. The minimum width of paving of all new or rebuilt streets shall be in accordance with .......... v .......... e, ......... current city standards. Sec. 5. Certain construction activities~ Sidewalks, when required. Prior to the issuance of any certificate of occupancy/completion for any improvement exceeding 70% of its current assessed property valuation, the owners of all undeveloped lots, platted or unplatted, and the owners of all plots not subject to platting, shall construct a sidewalk ~ within the right-of-way in conformance with Chapter 6, Article IV, Section 10.T of the Land Development Regulations. This requirement shall also apply when a change in occupancy as defined in the Standard Florida Building Code occurs and/or when any building is reconstructed in an amount, which exceeds sevem,p(-7~ fifty (50) percent of its current assessed valuation. A. No person shall improve any parcel within the city, except for accessory buildinEs and reconstruction or remodeling of existing buildings in any single-family or two-family zoning, district, without first obtaining a sidewalk permit from the city engineer. B. No person shall construct any building, except for accessory buildings and reconstruction or remodeling of existing buildings or additions to existing buildings which amount to less than twenty-five (25) pement of the gross floor area of such building, in any zoning district in the city other than single-family or two-family districts, without first obtaining a sidewalk permit from the city engineer. C. The permits required by paragraphs A & B above shall be issued if one of the following requirements are met: 1. If any street abutting the property on which such construction is to occur is depicted on the map or schedule on file in the Public Works Department of the city as a street on which sidewalk construction is to be required, sidewalks shall be constructed along the entire Page 4 of 16 CODING: Words in :~!:c ~cugh type are deletions from existing law. Words in tmderscore type are additions. street fi'ontage of such parcel; in the case ora coruer lot, the sidewalk shall be constructed also along the access side. 2. If any street abutting the property on which such construction is to occur is not depicted on the map or schedule on file in the Public Works Department of the city as a street on which sidewalk construction is required, the property owner shall pay a fee equal to the cost to the city per square foot of construction of the sidewalk abutting the property, as such fee is determined annually by the director of public works. Such fees shall be utilized by the city for construction of sidewalks as provided in paragraph D hereof. D. The city shall establish four (4) accounts for sidewalk construction to be utilized only for construction of new sidewalks in the city. One (1) account shall be for construction of new sidewalks in the northwest quadrant (Commission District # 4) of the city; one (1) account shall be for construction of new sidewalks in the northeast quadrant (Commission District # 2) of the city; one (1) account shall be for construction of new sidewalks in the southeast quadrant (Commission District # 3) of the city; and one (1) account shall be for construction of new sidewalks in the southwest quadrant (Commission District # 1). E. The director of public works shall prepare and update annually a map or schedule of streets or portions of streets of which construction of sidewalks is to be required. In addition, the director of public works shall administer the requirements of this ordinance and determine the streets or portions thereof on which sidewalk construction is to be required, pursuant to the City Commission policy with respect thereto. Such policy shall be on file in the office of the city clerk and, together with the annually revised map or schedule, shall also be on file for public inspection in the Public Works Department of the city. F. Any person aggrieved by any decision of the director of public works regarding construction of sidewalks abutting such person's property may appeal the decision within thirty (30) days of the date thereof to the Planning and Development Board (PDB), which shall hear and decide such appeal. Applications for such appeal shall be in writing, accompanied by a one hundred ($100.00) dollar application fee. The PDB may either affirm the decision of the director of public works, or may reverse such decision. The procedure set forth in this paragraph shall constitute the only available remedy for any person aggrieved by any decision of the director of public works with respect to sidewalk construction and the determination of the PDB after ratification by the City Commission on appeal shall be the final administrative decision of thc city, from which any further appeals shall be to a court of competent jurisdiction. For those areas in the Community Redevelopment Agency (CRA) district, the appeal procedure shall follow the same format, substituting the CRA for the PDB where applicable in the previous paragraphs. A~. G_:. Waiver. Upon the recommendation of the city engineer, sidewalk requirements may be waived for an individual lot when adequate pedestrian circulation is provided by bicycle or pedestrian paths, or where sidewalk requirement would not be compatible or in harmony with adjacent/nearby properties previously developed without sidewalks. An application fee adopted by resolution of the City Commission shall accompany applications for waiver of this section. Page 5 of 16 CODING: Words tn ..... ~,vugh type are deletions from existing law. Words in underscore type are additions. Sec. 6. Permits required for work affecting trees and shrubs. No person may plant, remove, destroy, prune, set out, break, cut, deface or in any way injure or interfere with any tree, shrub, or similar plant on any street or alley, or upon property owned or maintained by the city, without first obtaining a public right-of-way permit pursuant to this chapter. For certain types of protected trees or shrubs, refer to Chapter 7.5, Article I, Tree Presevation for the proper procedure in addressing such tree or shrub. Sec. 7. Vehicles crossing curbs and parkways. It shall be unlawful for any person to push, pull, drive or cause to be pushed, pulled or driven any wheeled or track-laying type vehicle, conveyance, machine, apparatus or equipment on, over or across, in whole or in part, any curb or pavement laying in or on any public street, except as provided in this section: A. Vehicles, as described herein, may be driven over pavement at driveways; and B. Vehicles, as described herein, may be driven over curbs and over pavement at other than driveways, provided that such curbs and pavement shall be adequately bridged and shored with suitable wooden or steel structures to protect such curbs and parkways. Sec. 8. Mailboxes on public rights-of-way. All mailboxes placed in city right-of-ways shall be in compliance with all federal guidelines. The city shall not be responsible for damage caused during street maintenance to mailboxes not in compliance with federal guidelines. Sec. 9. Del~ositing. storine~ processing material in streets and roadways. It shall be unlawful for any person to deposit, process or produce any material, including but not limited to any recreational item in or on any street or roadway or to store the same, either temporarily or permanently thereon; except, that building materials can be temporarily stored. processed or produced on streets or roadways ifa permit has been obtained as provided in thlg chapter, and except that temporary storage of construction debris may be temporarily stored on streets or roadways in a container provided by a trash hauler for removal by such trash hauler, if a permit therefore has been obtained as provided in this chapter. Sec. 10. Removal of warnings prohibited. It shall be unlawful for any person to move, remove, damage, destroy or extinguish any barrier, warning light, sign or notice erected, placed or posted in accordance with the provisions of this chapter, except upon permission of the director of public works. Page 6 of 16 CODING: Words in :~1:c t~z:g~ type are deletions from existing law. Words in underscore type are additions. ARTICLE II. CONSTRUCTION, REPAIR OR ALTERATION Sec. 1. Standards, permit required. All work performed in public or private rights-of-way shall conform with the current Department of Public Works, Engineering Division's Engineering Design Criteria Handbook and Construction Standards Handbeo/: Manual. Except as provided herein, any person desirin~ to perform or have performed any of the acts covered by this chapter wherein a permit is required shall secure such a permit in accordance with the roles and regulations set forth in th/s chapter. Sec. 2. Access to streets and alleysl permit required~ improvements. No person shall construct any access across any right-of-way on any improved or unimproved streets within the city without first obtaining a permit to do so from the city engineer. This permit shall be issued if the following requirements are met: A. The access to the street will not create undue or unnecessary safety hazards; will not impede the safe and efficient flow of traffic and will be constructed in compliance with applicable laws, ordinances and specifications of the city; B. If the street to which access is desired is not improved with asphalt pavement, storm sewers, and curb and gutters, it shall be improved as follows by the person seeking access in accordance with city specifications approved by the city engineer. Page 7 of 16 CODING: Words ' .~,a.~ .u .... m ........ gh type are deletions from existing law. Words in underscore type are additions. 1. Curbs and gutters shall be constructed along the side of any street to which access is sought to the limits of the property, if nearest paved portion of that street is improved with curbs and gutters along one or both sides. 2. Pavement shall be constructed in accordance with city standards of material similar or equivalent to the material used for the nearest paved portion of the street or streets as determined by the city engineer, shall be constructed along the side of the street or streets to which access is sought to the limits of the property and beyond to the nearest paved portion of that street or streets. 3. Storm drainage shall be constructed along the street or streets to which access is sought to the limits of the property and connected to the nearest existing storm drainage in that street or streets. If the nearest paved portion of the street or streets is improved with storm sewers, then storm sewers shall be installed. 4. Traffic signals shall be installed along the street or streets to which access is desired if the property is used for other than single-family residential uses and if the traffic volume generated from the development of the property meets the warrants established by the Florida Department of Transportation or Palm Beach County Traffic Engineering Division. C. No person shall construct any access to any alley within the city without first obtaining a permit to do so from the city en?.'neer. This permit shall be issued if the following requirements are met: 1. Pavement shall be constructed in accordance with city standards and to the width of any existing improved alley, or if none of the alley is improved, to the limits of the alley right-of-way, along the alley to which access is sought fi.om the limits of the property and beyond to the nearest paved portion of the alley. 2. Adequate storm drainage shall be constructed so that storm water nmoff fi.om the property fi.om which access to the alley is sought ~qhall not cause damage to adjoining properties or erosion of the land. Such storm drainage shall be constructed in accordance with specifications as determined by the city engineer consistent with city standards as amended from time to time, which shall assure that upstream and downstream drainage problems shall not result therefrom. D. If the right-of-way to which access is sought has been improved after the effective date of this section pursuant to the requirements of sub-paragraph B above, the person desiring access shall pay to the city that portion of the original cost of the improvements installed within the right-of-way abutting his property to the centerline of the right-of-way and to the side limits of his property. These recaptured costs ~hal! be collected by the city and reimbursed to the person who paid for the improvement when installed, when and if the city collects these costs as aforesaid. The City Commission, after a public hearing before the Planning and Development Board (PDB) or the Community Redevelopment Agency (CRA), and receipt of the findings and Page 8 of 16 CODiNG: Words in s~ike ~.rcugh type are deletions from existing law. Words in underscore type are additions. recommendations of such board, may waive or vary any requirement of sub-paragraph B above for good cause shown upon application by the persons seeking access. Sec. 3. Application, Permit fees. Application for a permit under this chapter shall be made on such forms as shall be provided by the city engineer. No work shall commence until the city engineer or his designee has authorized issuance of a permit therefore and such permit has been issued. For permit~ issued under another chapter or any other permit which affects trees or shrubs, or will have an affect on trees or shrubs, in rights-of-way or on city owned property, the Department of Public Works/Forestry and Grounds Division shall review and approve the permit before it is issued An application for a permit shall be accompanied by five (5) copies of the plans and specifications showing the work to be done, the time required to complete such work and the estimated cost thereof. When the permit is issued, one (1) copy of such plans and specifications shall be returned to the applicant and the others shall be distributed to applicable divisions &the city and one (1) shall be retained by the city en.m.'neer. An applicant for a permit shall agree to save the city, its officers, employees and agents harmless for any and all costs, damages, liabilities and attorney's fees, which may accrue or be claimed tn accrue by reason of any work performed under such permit. The acceptance of any permit under this chapter shall constitute such an agreement by the applicant. Fees for work within rights-of-way shall be as established by the City Commission from time to time by resolution. A separate fee is payable for each c'~rb, :~cct to be alt:red, type of work to be performed. Sec. 4. Permit issuance. The city engineer shall issue a permit hereunder when it is found: A. That the plans for the proposed operation have been approved by the City Commission or that they have been approved in accordance with Land Development Regulations. B. That the work will be done according to the standard specifications on the city for public work of like character. C. That the operation will not unreasonably interfere with the vehicular and pedestrian traffic, the demand and necessity for parking spaces, and the means of egress to and from the property affected and adjacent properties. impaired. That the health, welfare and safety of the public will not be unreasonably Permits issued under authority of this chapter are nontransferable. Page 9 of 16 CODING: Words tn .......... oh type are deletions from existing law. Words in underscore type are additions. F. A copy of the permit issued under this chapter and a copy of the approved plans and specifications shall be kept and displayed in a conspicuous location at all times while such work is in progress at the location of the work. Sec. 4.1. Insurance required for certain permits. Each applicant for a permit under Article I, Sections 5, 7 & 9, and Article II, Section 2 of this chapter shall furnish the city with a satisfactory certificate of insurance or a statement from the administrator ora self-insurance program showing the required coverages, and containing a limitation that the insurance coverages may not be revoked except after ten (I 0) days written notice delivered to the city. The applicant's insurance shall provide coverage a~ain~t claims for personal injury as well as against claims for property damage which may arise from or out of the performance of the work, whether such performance be by himself, his subcontractor or anyone directly or indirectly employed by him. Such insurance ~hall cover, inter alia, collapse, explosive hazards and underground work by equipment on the street, and shall include liability arising from completed operations. The amount of the liability insurance for personal iniury shall be not less than five hundred thousand ($500,000.) dollars per person, five hundred thousand ($500,000.) dollars per incident, and one hundred thousand ($I00,000.) dollars for property damage. Sec. 4.2. Cash bond required for certain permits. With each application for a permit under Article I, Sections 5, 7 & 9, and Article II, Section 2 of this chapter, an applicant shall furnish a surety to guarantee faithful performance of the work covered by the permit. The surety shall be in accordance with one of the approved forms in the Engineering Design Manual. The amount of the cash bond shall be not less than that as established by the City Commission from time to time by resolution. In lieu of a separate cash bond for each permit, an applicant anticipating more than one (1) permit application may furnish one cash bond in the amount of five thousand ($5,000.) dollars to cover all permits. The applicant shall deposit the cash bond with the city clerk, and such bond so deposited shall be kept in a separate account and shall stand as security for the full and complete performance by the applicant of the work covered by such permit, subject to the following provisions: A. If any direct cost to the city of any loss, damage, work, claim or liability arises out of the breach by the applicant, or any contractor or representative of the applicant, in thc performance of the applicant's obligations in connection with the work covered by such permit the applicant shall forfeit its bond. B. Upon certification by the city engineer of completion of the work covered by such permit, the balance of such cash bond shall be refunded by the city clerk to the applicant upon request. Page 10 of 16 CODING: Words in s~.~rik: '~cugk type are deletions from existing law. Words in underscore type are additions. C. In the event that the city engineer shall determine that additional bond in excess of five thousand ($5,000.) dollars is required, the applicant shall furnish surety as noted in Section 6 below and prescribed in Chapter 7 of the Land Development Regulations in an amount equal to one hundred ten (110%) percent of the estimated value of the work. Ifa letter of credit is provided, it shall be dated on or before the date of the permit application and shall be for a term to expire one (1) year after receipt by the permittee of a certificate of final inspection. Sec. 4.3. Rights of the city not affected by granting of permits. Every permit issued under this chapter shall be granted subject to the right of the city or of any other person entitled thereto to use the street for any purpose for which such street may lawfully be used, not inconsistent with the permit. Sec. 4.4. Work to be commenced within thirty days. Work for which a permit has been issued shall commence within thirty (30) days after the issuance of the permit therefore or within such extension of period of time as determined by the city engineer upon good cause shown. If the work is not timely commenced, the permit shall automatically be terminated and the fee forfeited. Permits thus terminated may be renewed upon payment of an additional fee in the amount of the original fee. Sec. 4.5. Performance of additional work. No permittee under this chapter shall perform work in an amount or quantity greater than that specified in the permit except upon approval by the city engineer. Upon such approval, additional work may be done under the provisions of the permit an amount not greater than ten (10) percent of the amount specified by the permit. Any fee or bond posted in connection with the original permit shall be deemed to and must cover any such additional work as may be approved by the city engineer. Sec. 4.6. Expiration; extension of time~ Permits issued in accordance with the provisions of this chapter shall expire at the end of the period of time, which shall be set in the application for the permit. If the permittee shall b~, unable to complete the work within the time period, he shall, prior to the expiration of the perm/t. present in writing to the city engineer a request for an extension of time, setting forth therein thu reasons for the requested extension. If in the opinion of the city engineer such an extension is necessary and not contrary to the public interest, he may grant the permittee additional time for completion of the work. A. All extensions of permit time shall be calculated at twenty-five (25%) percent of the original total permit fee and shall extend the life of the permit for an additional six (6) month period. B. One hundred (100%) percent of a permit fee shall be added if work is started without a valid permit. Page 1I of 16 CODING: Words in s~"Skc ~c. ugh type are deletions from existing law. Words in underscore type are additions. C. No fees shall be refunded when a permit has lapsed after work is started. When a permit is revoked at the request of the permittee prior to lapsing due to time limits, and no work has been done, all but a basic fee of twenty-five ($25.) dollars to cover the cost incurred by the city engineer shall be refunded. Sec. 4.7. Default in performance, revocation. Whenever the city engineer shall find that a default has occurred in the performance of any term or condition of a permit, written notice thereof shall be given to the permittee and to the commercial bank issuing a letter of credit, if any. Such notice shall state the work to be done, the estimated cost thereof, and the period of time deemed by the city engineer to be necessary for the completion of such work. Al[er receipt of such notice, the permittee or the commercial bank shall within the time specified either cause the required work to be performed, or failing therein. If the required work is not performed within the specified time, the cash bond or letter of credit shall be utilized to reimburse the city for the cost of doing the work set forth in the notice. The city engineer may revoke any permit after prior written notice to the permittee for: A. Violation of any provision of this chapter. B. Violation of any other applicable provision of this Code or any other ordinance or law relating to the work. C. Existence of any condition or the doing of any act constituting or creating a nuisance or endanger/ng the lives or property of others. Written notice of any such violation shall be served upon the permittee or his agent engaged in the work. The notice shall contain a brief statement for the reason of the contemplated revocation of the permit. Notice ~hall be given either by personal delivery thereof to the person to be notified, by certified or registered United Stated mail addressed to the person to be notified. or by telegram addressed to the person to be notified. Such notice shall state the period of time which the permittee is being granted to correct the violation and to proceed with diligent prosecution of the work, which time shall be no less than twenty-four (24) hours. Sec. 4.8. Restoration of street by city. When any permit has been revoked and the work authorized by the permit has not been completed, the city may do such work as is necessary to restore the street or alley to a condition acceptable to the city. All expenses incurred by the city for such restoration shall be paid for by the permittee and may be removed from the cash bond or letter of credit that the permittee hah filed with the city, and the bond or letter of credit shall so provide. Page 12 of 16 CODING: Words in s~ik,: ~,rcugh type are deletions from existing law. Words in underscore type are additions. Sec. 4.9. Abandoned facilities. Whenever any facilities existing in the streets or alleys of the city have been abandoned by the owners, the owner of such facilities shall be notified of the requirement to remove them~ and if the owners shall fail to so remove them, the city may remove them and the owners shall reimburse the city for the cost thereof. Notice of the city's order to remove abandoned facilities may be given either by personal delivery thereof to the person to be notified, or by certified or registered United States mail addressed to the person to be notified. For purposes of this section, abandoned facilities shall be defined to be facilities, which have not been utilized by the owner or any other person for a period of at least six (6) months, or facilities, which are no longer necessary or useful because they have been replaced in some other location on the property. Sec. 8. Temporary permit. The city engineer may grant a temporary verbal approval for a permit to any agent (who is not a regular employee) of the city including the Utilities Department, in any street, alley, roadway or public land when such excavation is necessitated by an emergency. Such temporary approval shall be followed within forty-eight (48) hours by a formal application for a permit as regularly required under the terms of this chapter. ARTICLE IlL IV~ STREET AND EASEMENT ABANDONMENT ARTICLE III. STREET OPENINGS Sec. 1. Permit required[ compliance with chapter. Any person desiring to plow, dig, scrape or in any way make or have made any hole, pit, ditch or excavation in or upon any street, alley, roadway or public land shall proceed with such work only after obtaining a permit therefore and in compliance with all regulations contained in or promulgated under this chapter including the city's Department of Public Works, Engineering Division's Design Criteria and Standards Handbook. Sec. 2. Notice to adioining property owners of proposed work If the work to be undertaken by a permittee under this article is such that it will affect the use of properties abutting or adioining the place where the work covered by the permit is to be done, the city engineer shall require the permittee to submit a list of the names and addresses of the affected property owners and tenants, and the permittee shall notify the affected property owners and tenants of the proposed work. If the work to be undertaken by the permittee will affect other subsurface installations in the vicinity of the proposed opening, the permittee shall also notify the owners of such facilities of the proposed work. Page 13 of 16 CODING: Words m ...... ~,:cugh type are deletions from existing law. Words in underscore type are additions. Sec. 3. Removal of debris~ rubbish~ etc. from work area; protection of persons and property. It shall be the duty of every person making any improvement in or upon any street, alley, roadway or public land to promptly remove therefrom all rubbish, debris or material not immediately required for such improvement. In addition thereto, such person shall protect the place so improved or being improved, together with all material, articles or property used in connection therewith or taken therefrom, in a manner which the city shall direct and in such a way as to prevent injury or damage to persons or property. Every such person making any such improvements or part thereof shall be liable for all damages or injuries sustained on public property. Sec. 4. Requirements for work in streets~ etc. All work in streets, alleys, roadways and public lands shall be subiect to the following restrictions: A. No opening or excavation in any street shall extend beyond the centerline of the street before being backfilled and the surface of the street temporarily restored. B. No more than two hundred fifty (250) feet measured longitudinally shall be opened in any street at any one time. C. All underground pipes, tiles, cables, etc., shall be located sufficiently ahead of trench excavation work to avoid damage to those facilities and to permit relocation if necessary. D. Pipes, drains, tiles, culverts or other underground facilities encountered shall be protected as directed by the city engineer. E. Monuments, benchmarks, or datum points of concrete, iron or other lasting material set for the purpose of locating or preserving the lines of any street or property subdivision, or precise survey reference point within the city, shall not be removed or disturbed unless permission so to do is first obtained in writing from the proper government authority. Permission may be granted only upon conditions that the permittee shall pay all expenses incident to the proper replacement thereof, including the cost of a survey. F. When work performed by the permittee interferes with the established drainage system of any street or natural water way, provision shall be made by the permittee for adeqnam temporary drainage to the satisfaction of the city engineer and consistent with the provisions of this Code. G. When any earth, gravel or other excavated material is caused to roll or flow or is washed or otherwise deposited on any step and/or sidewalk, the permittee shall cause the same to be removed from the street or sidewalk before the end of the working day. In the event the earth, gravel or other excavated material so deposited is not so removed, the city engineer shall cause Page 14 of 16 CODING: Words in s~!k: L~c. ugh type are deletions from existing law. Words in underscore type are additions. such removal and the cost incurred thereby shall be paid by the permittee. Failure on the part of the perrnittee to make immediate payment of such cost upon demand shall be cause for revoking such permit. H. Every permittee shall place around the excavation or project such barriers, barricades, lights, warning flags and danger signs as shall be determined by the city engineer to be necessary for the protection of the public. Additional safety requirements may be prescribed by the city engineer where deemed necessary by him to protect adiacent private or public property. Whenever any person falls to provide or maintain the safety devices required by the city engineer, such devices might be installed and maintained by the city. The amount of the cost thus incurred shall be paid by the permittee. I. When any work is performed on city streets, the permittee must comply with the traffic control procedures established by the Department of Public Works. In the event proper traffic control is lacking or deficient, and is not corrected within one (1) hour upon notice, the city engineer may stop work and revoke the permit. J. Access to private driveways and alley shall be provided except during working hours when construction operations prohibit such access. Free access shall be provided at all time to fire hydrants. K. Excavated materials shall be laid compactly along the side of the trench or removed immediately from the site at the discretion of the city engineer. Excavated material when piled alongside the excavation shall be kept trimmed so as to cause a minimum inconvenience to public travel. In order to expedite the flow of traffic or to abate a dirt or dust nuisance, the city engineer may require the permittee to provide and use toe boards or bins. If the excavated area or storage area is muddy or causes inconvenience to pedestrians, temporary wooden plank walks shall be installed by the permittee as directed by the city engineer. If the street is not wide enough to hold the excavated material without using part of the adiacent sidewalk, the permittee shall keep open a passageway at least one-half (½) of the sidewalk width along such sidewalk. L. Work authorized by a permit shall be performed between the hours of 7:00 a.m and 7:00 p.m., Monday through Saturday, unless the permittee obtains written consent from the inspection officer to do the work at other times. Such permission shall be granted only: 1) in case of emergency as determined by the city engineer; 2) where safety and traffic control measures in accordance with city and FDOT standards are not feasible during these hours as determined by the city engineer; 3) if the construction area is not within five hundred (500) feet of any single or multi-family dwelling as determined by the city engineer; 4) or for city work or activities where the City Manager determines that extended hours of work are necessary to complete the work in a timely fashion and to protect the public health, welfare and said feasibility of safety or traffic control measures. Any permit granted under this section may include other conditions on the permittee's ability to work after 7:00 p.m. No such work will be permitted on Sunday unless authorized by the City Commission as necessary and convenient for the public health, welfare and safety. Page 15 of 16 CODING: Words in :~2:: ~.rcugh type are deletions from existing law. Words in underscore type are additions. Sec. 5. Backfilling and restoring of openings. All backfilling and restoring of openings made in any street, alley, roadway or public lands shall be performed in accordance with the latest standards and specifications of thc city. Page 16 of 16 CODING: Words in ~k~ ~;~.ugh type are deletions from existing law. Words in underscore ~pe are additions. TO: FROM: DATE: SUBJECT: DEVELOPMENT DEPARTMENT MEMORANDUM NO. PZ 03-292 Chairman end Members Planning & Development Board Michael W. Rump-~~ Director of Planning end Zoning Jenuary 19, 2005 Land Development Regulations, Chapter 22. Streets and Sidewalks (CDRV 05-005) NATURE OF REQUEST At the initiative the City's Engineering Division, staff of the Planning & Zoning Division and Engineering Division jointly drafted revisions to Chapter 22. Street~ and sidewall~ of the Land Development Regulations. The subject revisions followed the update of technical standards and the establishment of the Engineering Division Design handbook. Topics of the subject revisions, in part, include street numbering, naming and renaming (Article I, Sections 1 - 1.4); sidewalk improvements (Section 5); the permit process for work in rights- of-way (A,qdcle II. Sections 1 - 3); end insurance, bonding and other requirements (Sections 4 - Article III, Sections 1 - Section 5). The proposed amendments also include necessary references to the established design standards such as minimum street width and construction standards. BACKGROUND The proposed amendments involve the Land Development Regulations; however, they principally affect processes that are administrative, or that involve permitting post site plan approval. Based on this characteristic of the proposed amendment, staff did not construe them to be within the interest end jurisdiction of the advisory boards. However, upon review by the City Commission on May of 2004, the Coiihdssion acted to send them to this Board for consideration. No specific concerns were documented in the minutes of that meeting (see attached excerpt of meeting minutes) but just the decision for the document to be considered by the Board. ANALYSIS Staff has prepared no specific written enalysis on the proposed amendments, which primarily entail the codification and formalizing of once administrative functions, and the formalizing of, end amendments to roles end regulations for work within rights-of-way. Although en appeal process is not new to the Planning & Development Board, it should be noted that this Board is only referenced on page 5 of 16 where the appeals process is described. This appeals process is intended only for those parties aggrieved by any decision of the director of public works regarding the requirement to construct a sidewalk(s) adjacent to private property. RECOMMENDATION Staff recommends that the Planning & Development Board support the proposed amendments to Chapter 22 of the Land Development Regulations. Exhibits S:~P I~ning~HARED\WP~SPECPRO J~CODE REVIEW~Stn~-~ and $idewalks~taff Report.doc EXHIBIT "A' LAND DEVELOPMENT REGULATIONS CODE OF ORDINANCES, PART III CHAPTER 22 STREETS AND SIDEWALKS ARTICLE I. IN GENERAL Sec. 1. Street designation system. All streets, avenues or other thoroughfares for vehicular traffic shall be designated in accordance with city standards. Such designation shall be vested in the director of-de~el~smem ~ who shall also maintain the city's master !~ roadway file and allocate secondary street designations at his or her discretion. Sec. 1.1 SWeet namlno system. Street names shall be issued as per the request of the orit:,inator of the street (or roadway) exc. ept in the case ora section line, where roads will be given a route number in additional to t~.J. assxgned name by as determined by either the Florida Department of Transpo~'m/ion or Pah,, Beach County, whichever has iurisdiction of the street (or roadway). Proposed streets which .on the same ali~,,-,ent with other existing named streets, shall bear the same name oftk.'. existing street. All street names shall have a suffix and in no case, except as indicated in th,. p.re~..eding sentence, shall the name of the proposed street (or roadway) duplicate be phoneticall~ s]rmlar to existing street names regardless of the use of the suffix - street, avenue, boulevard. drive lace court etc. A. Curvilinear streets shall be named on the same basis as other streets and shall ~arrv the same name through their entire length B. Streets crossing Ocean Avenue shall have north and south added to their nam.~ C. Suffixes shall be limited in use as follows: North-South Direction East-West Direction Court Aven,:, Drive Boulevah| Lane Place Parkway Ro~.! Page 1 of 16 CODING: Words in sa~/tm~va type are deletions from ex/sting hw. Words in underscore type are additions. Street Way The suffLxes 'Boulevard' and 'Parkway' shah be reserved for arterials and .collec.tors. The suffix 'Circle' is an option for either direction, however, it should be used as th,. .name maplies, i.e., a cunhlinear roadway. The use of 'Terrace' and 'Trace' shall be reserved fo, minor stxeei~, cul-de-sacs, etc. An,; other requested suffix shall be approved by the director of public works prior to its inclusion into any develooment. .Sec. 1.2 Vanity street name changes, A. Standard street name chanEes .shall conform to the standards and reauirements fo, naming streets as set forth in the preceding section, and shall be ooami£ted only under following circ~taxxces: 1. /n response to a City Commission directive, or 2. To eliminate duplication or confimion in street names, or 3. To reduce confusion in addressing. B. Name changes which do not meet the criteria above are considered "vanity s~rc~t es for the purposes hereto and are penmtted only under the following limite~l ClrCUlllStances: 1. The desired name will not create confusion; and 2. The desired name does not duplicate in whole or in substantial portion, thc .name of any existing street; and 3. All property owners abutting the road have signed a ~etition requesting thc .change and a completed application has been submitted to the Department of Publh; Works/Em~ineering Division; and 4. The established fee has been paid [$1,400.00]; and 5. The entire length of the street must be renamed; and 6. The City Commissioners have approved the request. .Sec. 1.3 Street nnmherine/addressi~g. Lot or parcel addressin8 for individual tracts of land shall be desi .rnaL, M in accordan¢,,, with the city's Uniform .4ddre~sin~ Procedure oollc¥. Such desitrnafion shall be vested in th:. _director of public works or his desiunee, who shall also maii~.;~t the city's ma.~tnr roadway file. Page 2 of 16 CODING: Words in ~ type are deletions f~om existing law. Words in underscore type are additions. The addressin~ number system currently in use with~ the coroorate limits of the cit3, s~hall be maintained. For tho. se lots or parcels located in the neig2aborin~ local ~ov,ii,,nent (Pal., ~each County) that are or will be annexed into the city will. if possible, be assigned in a mann~, that maintains: I. A logical sequence of numbers along the street or roadway on which the property is located, and as established in that nei~.hbofin~ government, and 2. A consistent pattern of separation of even and odd numbers. The establighing of the exact number of a particular lot or parcel entoils the dimensions (,r the lot in question, and its distance from the nearest land line or street as ~iven in the legal desc, i~,iion. If the lot is on an East-West (E-W3 street, it will receive an E-W number (eve,, numbers on the south side of the street and odd numbers on the north side). If the lot is one on ~, North-South (N-S) street, it will received a N-S number (even numbers on the east side of th,, .street and odd numbers on the west side). ,Sec. 1.4 Vanity Street nnmherhlp. JnddresshliL A. Street numbering and addres.qlng for commercial and residential properties, shall .be based on the City's grid system as described. B. Requested addresses which do not adhere to the City's grid system are considere~l ty addresses for the purposes hereto, are prohibited for residential uses and shall not permitted for non-residential uses except under the following circumstances: 1. The entity requesting the "vanity "' · · address IS a prominent commerem! entity and has a location which is widely recognized in the commnnjt~ and 2. .The requested number is not out of sequence with any existing numbers o, the same street. (For examvle, the number 100 would not be petmltted on a lot which is located between two existing lots with the addresses #500 and #550); and Emergency Medical Services and the Post Office would be able to Iota!. 4. An individual with the a.q.qi,tance of a generally distributed local strc. ct map would be able to locate the orooertv without undue difficulty; and street; and The requested address does not duolicate an existing address on the sam,. 6. The reeuested address would, in no way. be injurious to or infringe upo, .the existin~ rights of any other commercial entity in the County~ and Page 3 of 16 CODING: Words in sa~ type are deletions from existing law. Words in underscore type are additions. 7. The requester has submitted an affidavit which acknowledges that th.., requested address may result in delays in mai! delivery and service provisions; and 8. The established fee has been oaid and the requester has submitted complete application to the Deoartment of Public Works/R~nelneering Division; and 9. The CiW Commissioners have aooroved the request and have made a finding that the address request is related to a City go_al, such as economic development, which .takes Precedence over the goal ofmaintainlng the city s grid system. Sec. 3. Minimum width of new or rebuilt streets. The minimum width of paving of all new or rebuilt s~'eets shall be in accordance with Sec. 5. Certain construction activities~ Sidewalks, when required. Prior to the issuance of any certificate of occupancy/completion for any improvement exceeding 70% of its current assessed property valuation, the owners of all undeveloped lots, platted or unplatted, and the owners of all plots not subject to platting, shall construct a sidewalk thereoa ~ in conformance with Chapter 6, Article IV, Section 10.T of the Land Development Regulations. This requirement shall also apply when a change in occupancy as defined in the Standard Florida Building Code occurs and/or when any building is reconstructed in an amount, which exceeds sevem~%70-) fii~V (50) percent of its current assessed valuation. A. No person shall imnrove any parcel within the city, excent for accessory buildin,.,: and reconstruction or remodeling of existing buildings in any single-family or two-family zonin, district, without first obtaining a sidewalk permit fxom the city ent, ineor. ' B. No person shall construct any building~ except for accessory buildings ami reconstruction or remodeling of existing buildin?? or additions to existing buildin~n which amount to le. ss than twenty-five (25~ nercent of the gross floor area of such buildinc~ in any zoning district m the city other than smile famll or two fam~ ' - · ' -'., - ' Y - 'ly districts, without ~l~t obtainin~ a sidewalk permit from the city enm.'neer. C. The oennits required bv oaraeraohs A & B shove shall be issued if one of t~... following requirements are met: 1. If any street abuttin~ the orooenv on which such construction is to occur i~; denicted on the man or schedule on file in the P.ublic Works Dem, Cuuent of the city as a sh:~ which sidewalk construction is to be required, sidewalks shall be corv~i~u~ied alon~ the Page 4 of 16 CODING: Words in :~.!:z '~.hr:"-.:gh type are deletions from existing law. Words in underscore type are additions. .street frontage of such parcel; in the case of a comer lot, the sidewalk shall be constructed also ~s side_. 2. If any street abuttinz the orooertv on which such construction is to occur not depicted on the man or s .ehedule on file in the Public Works Denartment of the city as a street on which sidewalk construction is required, the orooertv owner shall cay a fee equal t° the co~t .to the city per square foot of construction of the sidewalk abuttin~ the orooerty, as such fee detv~x~fiaed annually by the director of public works. Such fees sba!! be utilized by the city construction of sidewalks as provided in oaragraph D hereof. D. The city shall establish four (4) accoullts for sidewalk construction to be utilize~l only for construction of new sidewalks in the city. One (1) account shall be for c~ns_tructioll of new sidewalks in the northwest quadrant (Commission District # 4) of the city; one (1) account ~hhall.be for construction of new sidewalks in the northeast quadrant (Coi~,,;~siun District # 2) of e c~tv; one (1) account shall be for construction of new sidewalks in the southeast (lu~:r~;~ (Co,smiasion District # 3) of the city; and one (I) account shall be for construction of new sidewalks in the southwest quadrant (Commission District # 1). E. The director of public works shal! prepare and update ann,ally a map or schedul,. of st~wi~ or portions of streets of which construction of sidewalks is to be reouired. In addition, the director of public works shall admininter the requirements of this ordi,,,,ce and d~errni~.. the streets or portions thereof un which sidewalk construction is to be reoulred~ pursuant to t}.... City Co~mnissiun policy with respect thereto. Such policy shall be on file ill the Office of the ¢it3r clerk and, together with the annually revised map or schedule, shall also be on file for publi,~ inspection in the Public Works Department of tho city. F. Any l~erson a~m'ieved by any decision of the director of public works regardin,, construction of sidewalks shutting such person's orooerty may anoeal the decision ~vithin thirty (30) days of the date thereof to the Plannin~ and Development Board (PDB}. which shall and decide such aooeal. Applications for such appeal shall be in writing, accomoanied by a one hundred ($100.00) dollar aovlication fee. The PDB may either affirm the decision of the direct(,, of public works, or may reverse such decision. The vrocodure set forth in this oaragraph shall constitute the only available remedy for any l~erson aemieved by any decision of the director o f public works with respect to sidewalk conslxuedon and the det=i'-~inafion of the PDB ratification by the City Commission on appeal shall be the final admini~i~[ive decision of thc city, from which any further appeals shall be to a court of comoetent iurisdiction. For those areas in the Community Redevelooment Ac, ency (CRA) district, the anoeal procedtu~, shall follow the same format, substituting the CRA for the PDB where aovlicable in the prvvlo],~ oara~raphs. A~. G..~. Waiver. Upon the recommendation of the city engineer, sidewalk requirements may be waived for an individual lot when adequate pedestrian circulation is provided by bicycle or pedestrian paths, or where sidewalk requirement would not be compati01e or in harmony with adjacent/nearby properties previously developed without sidewalks. An application fee adopted by resolution of the City Commission shall accompany applications for waiver of this section. Page 5 of 16 CODING: Words in s~ type are deletions from existing law. Words in ~ type are addi~ons. Sec. 6. Permits required for work affecting trees and shrubs: No person may plant, remove, destroy, prune, set out, break, cut, deface or in any way ~jure or interfere with any tree. shrub, or similar ~lant on any street or alley, or uvon ~ooerty owned or maintained by the city, without first obtainin~ a ;~ublic ri~ht-of-wa,,,,,~,~;, ....... ·, · s chapter. For certain types of protected trees or shrubs, refer to Chapter 7.5, Article I, Trc,,. Presevation for the omoer nrocedure in addressing such tree or shrub. .Sec. 7. Vehicles crossing curbs and parkways. It shall be unlawful for any person to onsh. null, drive or cause to be rushed, oullad uf .driven any wheeled or track-lavin~ t~roe vehicle, conveyance, machine, anoaratus or e~uinmer,~ on, over or across, in whole or in part~ any curb or pavement laying in or on any public street~ exceot as orovided in this section: A. Vehicles, as described herein, may be driven over pavement at driveways; and B. Vehicles, as described herein, may be driven over curbs and over pavement other than driveways, provided that such curbs and oavement shall be ad~nate!y bridged ami shored wiih suitable wooden or steel slructures to protect such curbs and parkways. .See. 8. Mailboxes on oubllc riehts-of-wa¥. All mailboxes placed in cit3r right-of-ways shall be in compliance with all federal guidelines. The city shall not be responsible for damage caused during street malntenanee .mailboxes not in compliance with federal guidelines. Sec. 9. Deooslting, storing,. 0rocessin£ material in streets and roadways. .. !~ shall be unlawful fo.r any person to deposit, l~mcess or produce any material, includin,, .bm not liiulted to any recreational item in or on any. street or roadway or to Store the same, eith~', temporarily or permanently thereon; except, that bUilding mate._~ais can be temporally stored processed or produced on streets or roadways if a permit has been obtained as provided in thi,: chapter, and except that temoorarv storage of construction debris mai be temporarily stored o,, streets or roadways in a co~;~er provided by a trash hauler for removal by such trash hauler, ~ D.mdt therefore has been obh~h~ed as Orovided in this chapter. .Sec. 10. Removal ofwarnin~,, prohibited_ . It shall be unlawful for any person to move, remove, darna,,e, destroy or extinguish any barrier, wamin~ lip. ht, si~n or notice erected, olaced or vosted in accordance with the provisior,,~ pf this chaoter, except upon permission of the director of public works. Page 6 of 16 CODING: Words in ~ type are deletions from existing law. Words/n underscore type are additiom. ARTICLE H. CONSTRUCTION, REPAIR OR ALTERATION Sec. 1. Standards, All work performed in public or private rights-of-way shall conform with the current Department of Public Works, Eng/neering Division's En 'neerin Design Criteria Handbook and Construction Standards ~ar.d~ok Manual. Except as provided herein, any person desirin~ to perform or have performed any of the acts covered by this cl'~aolvr wherein a t)ermit reauired shall secure such a permit in accordance with the rules and remdafions Set forth in th;,: chanter. .Sec. 2. Access to streets and alleys~ permit required: tmo~ovements: No person shall construct any access across any right-of-way on any irapzoced or uuh.upmved streets within the city without first obtaining a ye,nit to do so from the eiB, enmneer. This permit shall be issued if the following requirements are met: A. The access to the street will not create undue or unnecessary safety hazards; will not j.nnp..ode?he safe..and efficient flo~ of traffic and will be constructed in compliance will, aOOllCaole laws~ ommances and soeclfications of the city; B. If the street to which access is desired is not imoroved with asphalt navement .storm sewers, and curb and eullm, it shah be improved as follows by the person seekin~ access · ac~,mancc wRh mtv soecfficat/ons avvroved by the city ent, in~l'. Page 7 of 16 CODING: Words in ~ type are delotiom from exiating law. Words in under~oom type are additions. 1. Curbs and gutters shall be conslmcted along the side of any street to which access is sour. hr to the limits of thc ~rol~erW. ifnearast l~avcd nortion of that street is imi~i:oved with curbs and ~utters alon£ one or both sides. 2. Pavement shall be constructed in accordance with city standards of material similar or equivalent to the material used for the nearest paved nortion of the street ;,~ streets as d~t=nnined by the city engineer, shall be constructed along the side of the street el .streets to which access is sought to the limits of the l~rogertv and beyond to the nearest paved l~ortion of that street or streets. 3. Storm draina~ shall be constructed along the street or s~o~i~ to which access is sought to the limits of the prol~ert¥ and connected to the nearest exlsii~g storm draina~,. in that street or streets. If the nearest t~aved ~ortion of the sheet or streets is improved with sewers, then storm sowers shall bo installed: 4. Traffic si~,nals shall be installed alone the street or streets to which access is d¢~i~tat if the property is used for other than sin~!e-famity resldenti~! uses and if the traffi~ volume generated from the develol>ment of the l~ro~ertv meets the warrants o-s?blished by Florida Department of Transportation or Palm Beach CounW Traffic F.n ~eermg Division C. No person shall construct any access to any alley within the ciW without 9braining a permit to do so from the city engineer. This permit shall be issued if the followinr ~ met: 1. Pavement shall be constructed in accordance with city standards and to tl~,. .width of any existing improved alley, or if none of the alley is improved, to the limit~ of the alley .fight-of-way, along the alley to which access is so-sbt from the limits of the property ant! beyond to the nearest paved vortion of the alley. 2. Adequate storm drainage shall be coustmcted so that storm water reno ff from the ~Ji:operty fl'om which access to the alley is sou~.ht shall not cause damage to adjoh~h.,. p~o~Jerties or erosion of the l~nd Such storm drainaEo, shall be constructed in accordance v~th ~peeifications as determln~i by the city engineer consistent with city standards as amended from .time to time, which shall assure that upstream and downstream drainage vroblems sh~!l not result th~s~fiora. D. If the right-of-way to which access is sought has been k,,:,.~,ved after the effeetiv,, date of this section pursuant to the reauirements of sub-l~arallra~h B above, the person access shall pay to the city that Dortion of the orit, inal cost of the iraorovements installed the right-of-way ~butiln~ his Drenertv to the centerline of the ri~ht-of-way and to the side limJl~; of his otopertvt These recantured costs shall be collected by the city and ~ehi~bursed to th.. I~son .who oald for the im.nmvement when inst,!led, when and if the city collects these costs aroresala. -- The City Commi,sion. after a vublic hearin~ before the Plannin~ and Develovment Board (PDB) 9r the Con,,,,,mltv Redevelopment A~encv (CRA). and receipt of the tlnttln .~ an,I Page 8 of 16 CODING: W · .~:~.. a. ...... erda m ..... ~ type are dele~iom from existing law. Words in underscore type ar~ ~lditiom. recommendations of such board, may waive or vary any reouk~ment of sub-para~ranh B above for good cause shown upon l~lication by the nersons seelcinE access. a · Sec. 3. ~ Permit fees. Application for a permit under this chapter shall be m~do. on such forms as shall ~,,, provided by the city em,/neer. No work shall commence until the city en~neer or his designc,, .has authorized issuance ora permit therefore and such peimll has been issued. For o~a~l~ .issued under another chapter or any other permit which affects trees or shrubs, or will have s~, .affect on trees or shrubs, in rights-of-way or on city owned ~o.ertv. the De~tment of?ublic Works/Forestry and Groun,~ Division shall review and approve the permit before it is issued An application for a permit shall be accompanied by five (5) copies of the plans and s~ecifications showin~, the work to be done, the time reauired to complete such work and estimated cost thereof. When the permit is issued, one (1) copy of such plans and specificaiion× shall be returned to the apoli¢~i and the others shall be distributed to applicable divisions of city and one (1) shall be retained by the city enoi.'neer. ~ ~ An applicant for a permit shall agree to save thc city, its officers, employees and agents harmless .for any and all costs, damages, liabilities and attorney's fees, which may accrue or be claimed h, .~.CsT~_ by~ re~o~ ofan.y work performed uocl~ such permit. The acceptance of any permi~ una.., i~o~er sna. constitute SUCh an agreement by the applicant Fees for work within fights-of-way shall be as established by the City Commission from time to time by resolution. A separate fee is payable for each ~,~, ~:~ .... - .... ~ ~,- ~-~ .......... ~. type of work to be performed. Sec. 4. Permit issuance. The city engineer shall issue a permit hereunder when it is found: A. That the plans for the proposed operation have been approved by the City Commission or that they have been approved in accordance with Land Development Regulations. B. That the work will be done according to the standard specifications on the city for public work of like character. C. That the operation will not unreasonably interfere with the vehicular and pedestrian traffic, the demand and necessity for parking spaces, and the means of egress to and from the property affected and adjacent properties. That the health, welfare and safety of the public will not be unreasonably E. Permits issued under authority of this chapter are nontrans£vrable. Page 9 of 16 CODING: Words in s~ type are deletions from existing law, Words in wader~cor~ type are additions. F. A coov of the oermit issued under this charter and a coo¥ of the aero-eyed olar,,~ and soecifications shall be ke~t and disvlaved in a conspicuous location at ali t/m~ while such work is in oro~ress at the location of the work Sec. 4.1. Insurance required for certain permits. Each applicant for a permit under Article I, Sections 5.7 & 9. and Article H. Section 2 of this chapter shall furnish the ciW with a satisfsctorg certificate of insurance or a sta/=ment fi(,,,, the ach~i~ishaiur of a self-insurance orograrn showing the required coveraees, and cont~*~:,,~; limitation that the insurance coverages may not be revoked exceot after ten (10) days writlv,, notice delivered to the city. The am~licant s insurance shall orovtde coverage aoalnst claim.q x%~ personal iniurv as well as against claims for omoertv damage which may arise f, um or out of th,. pettY'romance of the work, whether such performance be by himself, his subconhactor or an¥on,. directly or indirectly cmo!eyed by him. Such insura,~ shall cover, inter alia, collapse. exnlosive hazards and under~round work by eauioment on the street, and shall include liability arising from completed operations. The amount of the liahilitv insurance for oersonal injury shall be not less than five hnndred thousand ($500.000.) dollars ocr oerson, five hnndr~,l' -' thousand ($500,000.) dollars per incident, and one hnndred thousand ($100,000.) dollars for Sec. 4.2. Cash bond required for certain permits. With each application for a permit under Article I, Sections 5, 7 & 9. and Article II, Section 2 of this chaoter, an anolicant shall furnish a surety to ~orantee faithful oerformance of the wot- covered by the permit. The surety shall be in accordance with one of the approved forms in thc En~ineerimr Desitin Manual. The amount of the cash bond shall be not less than that as established by the City Cu....;~io.. f~vat time to time by resolution. In lieu of a separate cash bond for each oermit, an anplica,,~ anticipating more than one (1) oermit aoolication may furnish one cash bond in the amount of five thousand ($5.0003 dollars to cover all permits. The applicant shall deposit the cash bond with the city clerk, and such bond so deposited shall be kept in a separate account and shall stand as security for the full and complete pei£u,'mance by the applicant of the work covered by such permit, subject to the followin~ omvisions: A. If any direct cost to the city of any loss. damage, work, claim or liability arises of the breach by the anolicant, or any contractor or reoresentstlve of the aoolicant, in th,. performance of thc anolicant's obligations in connection with the work covered by such perm;! the anolicant shall forfeit its bond B. Upon certification by the city en t, ln~er of comnletion of the work covered by s~el, the balance of such cash bond shall be refunded by the city clerk to the anvlicant upon request. Page 10 of 16 CODING: Words in ~ type are deletions from existing law. Words in underscore type are additions. C. In the event that the city em, ineer shall determine that additional bond in excess of five thousand ($5,000.) dollars is reauired~ the anolicant shal! flJrniah surety as noted in Section 6 below and prescribed in Chapter 7 of the Land Develooment Remda~ous in an amount equal t. one hundred ten (110%} oercent of the estimated value of the work. Ifa letter of credit is provided, it shall be dated on or. before the date of the permit a~ralieation and shall be for a term to expire one (1) year after receipt by the permittec of~ certificate of final inspection. Sec. 4.3. Rights of the city not affected by 8ranting of nermit~ Every peimit issued under this chapter ahal! be eranted subject to the ri~Jat of the city or of any other person entitled thereto to use the street for any purpose for which such street may lawfully be used. not inconsistent with the ~ermit. ' Sec. 4.4. Work to be commenced within thirty days Work for which a permit has been issued .qhall commence within thirty (30) days after th.. issuance of the permit therefore or within such extension of period of time as det~..h,ed by th.~. city emfineer upon good cause shown. If the work is not timely commenced, the permit shall automatically be terminated and the fee forfeited. Permitn thus te~ .iinated may be renewed upo. payment of an additional fee in the amount of the origins! fee. .Sec. 4.5. Performance of additional worl~ No permittee under this chapter shall perform work in an amount or quantity greater th.,. .that specified in the permit except uvon am~roval by the city enm.'neer. Upon such additional work may be done under the provisions of the permit an amount not greater than t¢,, (10) vercent of the amount specified by the permit. Any fee or bond posted in connection wig, the original p~tmit shall be deemed to and must cover any such additional work as may approved by the city en~neer. Sec. 4.6. Expiration~ extension of time_ Permits issued in accordance with the provisions of this chapter shall eavlre at the end the period of time, which shall be set in the application for the oermit. If the pcrmittee shall unable to complete the work within the time period, he shall Orior to the exviration of the oermiL present in writing to thc city ent, lneer a request for an extension of time, setfin~ fmih therein reasons for the requested extension. If in the opinion of the city em,lneer such an e~tte-~ion is necessary and not contrary to the public interest, he may grant the permittee additional time for corn letion of the work. A. All extensions ofoermit time shah be calculated at twenty-five (25%~ oement of the orieJnal total oermit fee and shall extend the life of the oermit for an additional six (6) month period. B. One hnndred (100%) oercent of a oermit fee shall be addod if work is started wiihout a v~d eisa. Page 11 of 16 ~D~G: W~ m ._~ ~:~ ~ ~ &lefiom ~m e~ hw. Wo~ h ~ ~ ~ ~fiom. C. No fees shall be refunded when a oermit has lapsed aRer work is started. When l~e~mit is revoked at the r~luest of the vermlttee orior to la~sing due to time lhalis, and no worl, has been done, all but a basic fee of twenty-five ($25.) dollars to cover the ost lncurrod by th,, Ity engineer shall be rOfunded, ,Sec. 4.7. Default in oerformance, revocation Whenever the city entfineer shall find that a default has occurred in the pcn%,,,anco of any term or condition ora p. ermit, written notice thereof shall be oiven to the oermlttee and to the cormnercial bank Issuing a letter of credit, if any. Such notice shall ht~t,~ the work to h~: done, th- pstimat~.d cost thereof, and the oeriod of time deemed by the city en~in~r to be necessary for th,. vomnletion of such work. After receipt of such notice, the oermittee or the coimnereial bank e.m? the req d work be X _,~,mq ...u~oa..wont ~.s n,o~ ~ermrmea vothin the soecffied time, the cash bond or letter Ofcred~ smut oe uunzed to rennt>u~e the c~ty for the cost of doing the work set forth in the notice. .The city engineer may revoke any permit aRer prior written notice to the permittec for: A. Violation of any provision of this chapter. B. ¥iolation of any other applicable provision of this Code or any other ordinance o, !aw relating to the work C. Existence of any condition or the doing of any act constituting or creating n nuisance or endangerin~ the lives or property of others. Written notice of any such violation shall be served upon the permittee or his agent engaged ~e work. The notice shall contain a brief statement for the reason of the contemplated revocation of the pemfit. Notice shall be given either by personal delivery thereof to the perso, to be notified, by ' - . certified or re~ste, r~ United Stated mall addressed to the person to be notified~ - .... .. r .... ,,~.~. ~m~. tea ~o correct me wo~ation and to proceed with diligent ~,-~muuon ox me worg, which rune shah be no less than twenty-four (24) hours. .Sec. 4.8. Restoration of street by city, When any permit has been revoked and the work authorized by the permit has not bee,, comnleted, the city may do such work as is necessary to restore the s~eet or alley to a conditioii .acceptable to the city. All expenses incurred by the city for such restoration shall be paid for b~ the oermittee and may be removed from the cash bond or letter of credit that the pe,aittee filed with the city, and the bond or letter of crodit shall so provide. Page 12 of 16 CODING: Words in ~ type are deletions from existing law. Words in underscore type are additions. Sec. 4.9. Abandoned facilities: Whenever any facilities existing in the streets or alleys of the city have been abandoned by the owners, the owner of such facilities shall be notified of the reclnirement to remove them and if the owners shsll fail to so remove them, the city may remove them and the owners shall reimburse the city for the cost thereof. Notice of the city's order to remove abandoned facilitie:; may be given either by personal delivery thereof to the person to be notified, or by cel~ified registered United States mail addressed to the pe.rson to.be notified. For purooses of this section, abandoned facilities shall be defined to be facilities, which have not been utilized by the or any other person for a period of at least six (6) month~ or facilities, which are no lono=. necessary or useful because they have been replaced in some other location on the p~uvcrty. Sec. 8. Temoorarv herin!* The city enolneer may ~rant a temoorarv verbal ~piuval for a oermit to any a~ent (who is not a regular employee) of the city including the Utilities Department, in any street, alley, roadway, o,r p,u,blic land w.hen such excavation is necessit~t_ed_ by an emergency. Such temporary a~,~,~v,m shah.ye folio, we? within forty-eight (48) hours by a formal application for a permlt regmar~y reqmred under the terms of this chapter. ARTICLE !H..IV. STREET AND EASEMENT ABANDONMENT ARTICLE HI. STREET OPENINC~q Sec. 1. Permit required; comnlianee with chapter. .... Any person desiring to olow. di~, scrape or in any way make or have mode any hole, pit, ditch or excavation in or upon any streeL alley, roadway or public land shall proceed with such WOrk only aider obtainin?, a 0e~mit therefore and in compliance with all regulations contained i, or promulgated under this chapter includinE the city's Department of Public Works, F. noi.'qeerin,. lvls~on s De~tgn Criteria and Standards Handboo]~ -' ,Sec. 2. Notice to adioinino prooertv owners of pro0osed work- If the work to be flnd_t~'taken by a pe~.,i~es .nder ~s ~cle is such ~t it ~H ~t th~ ~e of prop~es abu~g or ~ioinln~ ~e vl~ce whe~ ~e work ~v~ by ~e o~t is to b~ ~one, ~e ciw ~neer shall ~e ~e o~R~ to ~b~t a ~ of~e n~es ~d ~e~se-s of · e ~t~ 0~oo~ o~ ~d t~ant.% ~d &e ~Ree ~l nofi~ ~e ~ ol,uu~ty 9~ ~d t~ant~ of~e ~vos~ work. ~e work ~ be una~ by ~e o~ee ~1 ~t o~ subsu~co ~t~l!~o~ ~ ~e ~c~ of~e woous~ oo~ino ~e p~io~ shall ~so nofi~ ~e o~ of such fac~l~ of~e u~os~ Wo~. - Page 13 of 16 ~D~G: Wo~ ~ ~ ~ ~ &lefio~ ~m e~ ~w. Wor& ~ ~mc~ ~ ~ ad,flora. .Sec. 3. Removal of debris~ rubbish~ etc. from work area; protection of oei'so-s ami property. It shall be the duty of every person making any imorovement in or upon any street, alley, roadway or public land to promotlv remove therefrom all rubbish, debris or material not m~ edia.tel¥ renuired for such improvement. In addison thereto, such person shall protect t?... e so r~proYed or being improved, together with all material, articles or propo~ig used ;. connection therewith or taken therefrom, in a manner which the city shall direct and in such ~, _way as to ~revent injury or damo~e to oersons or property. Every such person mslcln~, any such hhp~,vements or part thereof shall be liable for all dam0~es or injuries sustained on publi,~ property. Sec. 4. Requirements for work in streets~ etc~ · Ail work in sffeets, alleys, roadways and public lands shall be sub restrictions: [ect to the followin,:. A. No opening, or excavation in any street shall extend beyond the centerline of th,. street before being haekfi!led and the surface of the street temporarily restored B. No more than two hundred fifty (250) feet measured longitudinally shall opened in any street at any one time. C. All underground pipes, tiles, cables, etc., shall be loest _~l_ sufficiently ahes~ of trensh excavation work to avoid dama~oe to those facilities and to permit relocation if necessary. D. Pipes, draim, files, culverts or other underground facilities encountered shall be protected as directed by the city en?.'neer. E. Monument~, benchmarlrn, or datum points of concreto, iron or other lastin,', material set for the purpose of locatln~ or oresendn~ the lines of any street or pro[,erty subdivision, or precise survey reference point within the city. shall not be removed or diumrbcal unless permission so to do is first obtained in writing from the ~ro~er ~oveimuent authority. Permission may be granted only upon conditions that the permittee shall oar all expense, incident to the proper reolacement thereof, including the cost ora survey. F. When work performed by the permittee interferes with the estahlished draina~,. ,system of any street or no~)ral water way, provision shall bo m~de by the vermittee for od~,Jah. temooi'~¥ drainage to the satisfaction of the city en.m.'neer and consistent wlih the provisions ~his Code. G. When any earth. ~ravel or other excavated mot_eft'al is caused to roll or flow or is ~veashed or .o~=rwise denosited on any sten and/or sidewalk, the perm!tree shall cause the same h, r~.. oven from the street or sidewalk before the end of the working, day In the evvnt the ~ el or other excavated m~.-.nal so denoslted IS not so removed, the city ent, ln~cr shall cans,, Page 14 of 16 CODING: Wot& in ~ type are deletions from existing law. Words in underscore type are additions. such removal and the cost incurred thereby sho!! be paid by the i)ei~ttee. Failure on the v/crt of .the pemdttee to make immediate payment of such cost ut~on demand she!! bo cause for revok/m, H. Every ~ermittee shall place around the excavation or project such barriers. barricades, lights, warning flags and dan~er dans as shs!! be determined by the city en,m,'~eer be necessary for the protection of the public. Additional safety requirements may be prescribed bY the city engineer where deemed necessary by him to protect ediacent t)rivate or public property. V~rhenever any person fails to provide or malntalrl the safety devices renu/red bv th city en~/neer, such devices mb/hr be/nstalled and mainta/ned by the City The anCo-n* cost thus incurred shall be ;~aid bv the vermj~ee. -' I. When any work is nerformed on city streets, the pe,~iiee must comply with tht, .traffic control procedures establishm:l by the Department of Public Works. In the event propa. .baffle control is lack/n~, or deficient, and is not corrected within one (1) hour upon notice, th.. ~itv emfineer may stop work and revoke the permit J. Access to private driveways and alley shall be provided excevt during work/n,, hours when construction operations prohibit such access. Free access shall be provided at all IC Excavated materials shall be laid compactly alonu the side of the trench or removed h~,mediately from the site at the discretion of the city em, lneer. Excavated material when piled alon~qide the excavation shall be kept trimmed so as to eanse a minim, .... .inconvenience to public travel. In order to expedite the flow of traffic or to abate a dirt or du~sl nuisance, the city ent4neer may require the permittee to provide and use toe boards or bins. the e,xcav.ated area or storage area is muddy or eanses inconvenience to pedestrio~s. woooen prank walks shall be installed by the oermltt~ as directed by the city enr, ineer ~treet is not wide enough to hold the excavated material without tmin~ l)art of the adjaceul sidewalk, the permittee shall keep open a pa~ac, ewav at least one-half(½) of the sidewalk widfi, alon such sidewalk. ' '° L. Work authorized by a permit sh~!! be performed between the hours of 7:00 a.m. .and 7:00 p.m., Monday through Saturday, unless the permittee obtains written consent flora th,. .inspection officer to do the work at other times. Such permission shall be grm~[ed only: 1} hi .c~e of en-,ei-geucy as determined by the crv engineer; 2) where safety and traffic control ~neaanres m accordance with ciW and FDOT standards are not feasible durin~ th,~a h,a,.-- - ete ,.ed by the city enmeer; the cons ction is not wi, ~.~i. sf_m~?__or .m,_nl~m. ~¥ dwell!ny as .deter[ri. ined by the city enrdneer; 4) or for city work vluc.~ wll~-fe me ~,~lrV Man~er a0t6fiiilnO,s that extended hours of work are necessaW h, complete the work in a timely hs~on and to vrotect the vublic health, welfare and said feasibility of safety or traffic control measures. Any permit ~ted un0~ this section may include other conditions on the vermittee's ability to work after 7:00 n.m. No such work will be vermitted on Su~y unless authorized by the City Commission as necessary and convenient the public health; welfare and safety. Page 15 of 16 CODING: Words in ~ t~ype are deletions from existing law. Word~ in under, core type are additions. Sec. S. Backfilling and restoring of openings. All backfillin~ and restoring of ooenin~,~ made in any street, alley, roadway or oubli,~ lands shah be performed in accordance with the latest stsndords and specifications of the city. Page 16 of 16 CODIi~G: Words in s~ type are deletions from existing law. Words in undersco~ type are additions. Meeting Minutm Regular City Commlellon Meeting Bovnton Beach, Florida Mav 28. 2~ Therefore, for every 650 square foot unit, them would have to be a larger unit to offset that. A live/work unit Is a totally different matter. That has living space and workspace in the same unit and has a minimum square footage of 1,000 square feet. This would be a small apartment over a commercial unit. Commissioner Ensler moved to approve Proposed Ordinance No. 04-032. Vice Mayor Ferguson seconded the moUon. City Clerk Pralnlto called the roll and the motion carried 4 to i with Commissioner McCray dissenting. Proposed Ordinance No. 04-033 Re: Amending Chapter 2, Admln;s[r,~Uon, Artide VZZZ, Education Advisory Board, Section 2-130, "Meetings' and amending Section 2-131 'Qualifications" Assistant City Attorney Payne Proposed Ordinance No. 04-033 by Ute only. There was no one from the public who wished to address this Item. Commissioner Ensler moved to approve Proposed Ordinance No. 04-033. Vice Mayor Ferguson seconded the motion. City Clerk Pralnlto celled the roll and the motion carried unanimously. B. Ordinances - Ist Reading 1. Proposed Ordinance No. 04-039 Re: Amending the Land Development Regulations (LDR), Chapter 22 - Streets and Sidewalks Mayor Taylor announced that he received a request that this item be removed and sent back to the Planning & Development Board for further conslderaUon. Vice Mayor Ferguson made a moUon to remove this item and return It to the Planning & Development Board for further conslderaUon. Commissioner McCray seconded the moUon. City Clerk Pralnito celled the mil and the motion carded unanimously. C. ResoluUons: None D. Other: None 18 XIL - LEGAL ZTEM A.2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Meetin~ Dates [] December 7, 2004 [] December 21,2004 [] January4,2005 [] January 18,2005 Date Final Form Must be Turned in to City Clerk's Office November 15, 2004 (Noon,) December 6, 2004 (Noon) December 20, 2004 (Noon) January 3, 2005 (Noon) Requested City Commission Meetin~ Dates [] February 1,2005 [] February 15, 2005 [] March 1,2005 [] March 15,2005 Date Final Form Must be Turned in to City Clerk's Office January 17, 2005 (Noon) January 31,2005 (Noon) February 14, 2005 (Noon) February 28, 2005 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Please place this request on the March 1, 2005 City Commission Agenda under Legal, Ordinance - Second Reading. The City Commission on February 15, 2005, approved the subject request. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 05-023. EXPLANATION: PROJECT: AGENT: LOCATION: DESCRIPTION: Medical or Scientific Research Uses in M-1 (CDRV 05-003) City initiated N/A Request for amendment to the Land Development Regnlations, Chapter 2. Zoning, Section 8. M-1 Industrial District, to allow as conditional uses, uses proposed as medical or scientific research which involve the use, treatment, storage, or processing of human or animal bodies, or body parts. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: ~/~ N/A Developml~ De~a~nent Director Planning and ~bning Director City Manager0 Signature City Attorney / Finance / Human Resources S:~Planning~SHARED\WP\SPECPROJ\CODE REViEW~CDRV 05-003 Medical Research in M-I~M-I Medical Scientific Research~Agenda Item Request Medical Scientific Research Uses in M-1 CDRV 05-003 2nd reading 3-1-05.dot S:XBULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC 2 3 4 5 6 7 8 9 10 11 12 13 14 I5 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 ORDINANCE NO. 05- O I ~- AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING LAND DEVELOPMENT REGULATIONS, CItAPTER 2 "ZONING", SECTION 8. M~I INDUSTRIAL DISTRICT, 1, PERMITTED USES BY AMENDING SUBSECTION (b)(ll) AND (13) TO EXCLUDE TREATMENT, STORAGE OR PROCESSING OF ItUMAN OR ANIMAL BODIES OR BODY PARTS AND AMENDING 4. CONDITIONAL USES. BY CREATING A NEW SUBSECTION G. TO INCLUDE MEDICAL OR SCIENTIFIC RESEARCH WHICH INVOLVES THE USE, TREATMENT, STORAGE OR PROCESSING OF HUMAN OR ANIMAL BODIES, OR BODY PARTS AS A CONDITONAL USE; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, the City Commission, upon recommendation of the Planning and Board and the Community Redevelopment Agency, does deem it appropriate and in the best interests of the citizens and residents of the City of Boynton Beach, to amend the Land Development Regulations of the City of Boynton Beach to include medical or scientific research that involves human or animal bodies or parts as a conditional use. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing whereas clause is true and correct and is now ratified and confirmed by the City Commission. Section 2. Chapter 2. "Zoning", Section 8. of the Land Development Regulations of the City of Boynton Beach Code of Ordinances is hereby amended as follows: Sec. 8. M-1 Industrial district regulations and use provisions. A. M-1 Industrial District 1. Permitted uses, no distance requirement. District, no building, structure,... Within any M-1 Industrial b. Conunercial services as follows: :\CA\OrdinanceshLDR Changes~Amdending LDR - Chapter 2.~ Medical Research.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 (11) (12) Research and development laboratories, excluding treatment, storage or processing of human or animal bodies or body parts. Commercial testing laboratories. Medical and dental laboratories, excluding treatment, storage or processing of htmaan or animal bodies or body parts. Section 3. Chapter 2. "Zoning", Section 8. of the Land Development Regulations ,f the City of Boynton Beach Code of Ordinances is hereby amended by creating a new subsection 4.g., as follows: Sec. 8. M-1 Industrial district regulations and use provisions. M-1 Industrial District Conditional Uses. Within any M-1 Industrial District, no building structure, ... g. Medical or scientific research which involves the use, treatment, storage or processing of humm~ or animal bodies or body parts. Section 4. Each and every other provision of the Land Development Regulations specifically amended, shall remain in full force and effect as originally adopted. Section 5. All laws and ordinances applying to the City of Boynton Beach in conflict with any provisions of this ordinance are hereby repealed. Section 6. Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 7: Authority is hereby given to codify this Ordinance. Section 8. This Ordinance shall become effective immediately. S:\CA\Ordinances\LDR Changes~Amdending LDR - Chapter 2,- Medical Research.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 FIRST READING this Iff dayof ~"~br~.~r,{ ,2005. SECOND, FINAL READING AND PASSAGE this __ day of .,2005. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner aTTEST: City Clerk :\CA\Ordinances\LDR Changes\Amdending LDR - Chapter 2.- Medical Research.doc Requested City Commission Meeting Dates [] December 7, 2004 [] December 21,2004 [] January4,2005 [] January 18,2005 CITY OF BOYNTON BEACH XlI. - LEGAL ITEM A.3 AGENDA ITEM REQUEST FOI Date Final Form Must be Turned in to Citx Clerk's Office November 15, 2004 (Noon.) December 6, 2004 (Noon) December 20, 2004 (Noon) January 3, 2005 (Noon) Requesled City Commission Meeting Dates [] February 1,2005 February 15, 2005 [] March 1,2005 [] March I5,2005 Date Final Form Must be Turned in to City Clerk's Office January 17, 2005 (Noon) January 31,2005 (Noon) February 14, 2005 (Noon) February 28, 2005 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDA'I~ON: Approve an Ordinance exempting the City of Boynton Beach from the provisions of Section 101.657, Florida Statutes, specifically related to early voting EXPLANATION: During a Florida Association of City Clerks Conference, a presentation was given by a County Supervisor of Elections relative to Early Voting requirements as they pertain to municipalities. For municipal elections, the City Clerk is the filing officer for candidates and is the Municipal Supervisor of Elections. The presenter stated that early voting would apply to municipalities and would be required to be conducted in the municipal clerk's office at least eight hours per weekday, beginning 15 days prior to an election, and also, would have to include eight hours of voting on two weekends prior to the election. The City Clerk would also be required to submit written Security Procedures to the Division of Elections prior to the beginning of early voting. On December 16, 2005, the Palm Beach County Clerks met with Supervisor of Elections, Dr. Arthur Anderson, at a meeting facilitated by Mr. Paul Nicoletti, Attorney for the Village of Palm Springs. Dr. Anderson confirmed that many municipalities were in the process of adopting ordinances to opt out of early voting. At his request, Deputy Supervisor of Elections Charmaine Kelly advised that early voting took the County Supervisor of Elections Office by storm in November. Elections staff spent many long hours manning the voting locations at huge overtime costs to the County. Ms. Kelly spoke about the security that is required and explained that there could be impacts on a municipality if elections are questioned. It was Ms. Kelly's recommendation that the municipalities adopt ordinances to opt out of early voting. The schedule of elections for the next six years is as follows: 2005 No City Elections 2006 City Election for r4ayor, District I and District III County/State/National Elections (Early voting will be available.) 2007 City Elections for District II & District IV 2008 County/State/National Elections (Early voting will be available.) 2009 City Election for Nayor, District I & District III 2010 City Elections for Distdct II & District IV County/State/National Elections (Early voting will be available.) 2011 No City Election No County/State/National Elections S:\CC\WP\CCAGENDAXAgenda Request Memos~Agenda Item Request - Early Vo0ng dot Jeb Bush Governor STATE OF FLORIDA DEPARTMENT OF STATE DWISION OF ELECTIONS Glenda E. Hood Secretary of State November 24, 2004 Sondra K. Hill, CMC City Clerk City of Greenacres 5985 Tenth Avenue North Greenacres, F1 33463-2399 2004 Dear Ms. Hill: This is in response to your recent letter regarding early voting requirements and their applicability to municipal elections. As you know, the early voting provisions contained in section 101.657, Florida Statutes, went into effect on July 1, 2004 of this year. First, the early voting provision does not expressly apply to municipalities. As a result, pursuant to section 100.3605(0, Florida Statutes, a municipality holding an election may choose to "opt out" of conducting early voting through a charter or ordinance provision. Second, if a municipality does not opt out of section 101.657, Florida Statutes, then the municipality would be subject to all of the requirements associated with early voting, including the filing Of security procedures (which pursuant to section 101.015(4)(c), Florida Statutes, are due 45 days prior to the commencement of early voting). However, a municipality by charter or ordinance can specify their own process and prOcedure for the conduct of early voting as it relates to their municipal elections. So as an alternative to totally opting out, they could create a shorter time period for early voting, etc. However, for election integrity purposes you would still want to create security procedures with regard to early voting, but you could specify a different place for them to be filed. Finally, although section 101.657, Florida Statutes, does not define the terms "branch office" or "full service facility of the supervisor," a reading of the section in its entirety makes it clear that the Legislature was trying to specify that Supervisors could only use real branch county supervisor of elections offices which had been in existence for some R.A. Gray Building, Room 316 · 500 S. Bronough Street * Tallahassee, Florida 32399-0250 * (850) 245-6200 FAX:(850)245-6217 · http://www.dos.state.fl.us · E-Ma~l:DivElections~los.state.fl. us Ms. Sondra K. Hill November 24, 2004 Page 2 time (ie. the 1 year and full service requirements) and not ones being created solely for the purpose of conducting early voting. Please do not hesitate to contact me ifI can be of further assistance. Sincerely, Sharon D. Larson Assistant General Counsel SDL/abt City of reenacres 5985 Tenth Avenue Norlh Greenacres, FL 33463-2399 (561) 642-2017 (561) 642-2004 Fax Ereail: grpadm~ ci.greenacres.fl, us November 10, 2004 Sareuel J. Ferrerl Wadie Atallah Ms. Sharon Larson, Esquire Department of State Division of Elections R. A. Gray Building 500 South Bronough Tallahassee, FL 32399-0250 UEGENT RESP-ONSE REQIJESTED RE: Early Voting - F.S. 100.3605(1) and F.S. 101.657(1)(a) Voting Methods and Procedures as it applies to Municipal Elections Dear Ms. Larson: During a Florida Association of City Clerks (FACC) Conference, there was a presentation given by a County Supervisor of Elections relative to Early Voting requirements as it applies to municipalities. For municipal elections, the City Clerk is the Filing Officer for candidates and is the Municipal Supervisor of Elections. The County Supervisor of Elections presenter at the FACC conference stated she was advised by the Florida Division of Elections that, with the enactment of Senate Bills 2346 and 516, the laws requiring early voting would apply to municipalities. (Requirements to include early voting in his/her office at least eight (8) hours per weekday, beginning fifteen (15) days prior to an election; and also, would have to include eight (8) hours of voting on two weekends prior to the election. The voting in the office would have to be done on an specific unit, and the City Clerk would be required to submit written Secudty Procedures to the Division pdor to beginning the early voting (not sure of the time frame to submit.) F.S. Section 100.3605 (1), states: (1) The Flodda Election Code, Chapters 97 -106, shall govern the conduct of a municipality's election in the absence of an applicable special act, charter, or ordinance provision. No charter or ordinance provision shall be adopted which conflicts with or exempts a municipality from any provision the Flodda Election Code that expressly applies to municipalities. Palm Beach CoUnty has thirty-seven (37) municipalities that prepare for and conduct Municipal Elections, most of them holding their elections in March. The Municipal Clerks are in the process of preparing for their Municipal Elections now and are concerned about "how early voting requirements apply to municipalities". Our county has very small, medium and large sized municipalities; and therefore, the eady voting legislation bdngs a vadety of questions. Richard C, Radcliffe Peter A. Noble Charles E, Shaw ~eresa L. Whalen Michael V. Mortimer Division of Elections - Early Voting Requirements Page 2 Therefore, on behalf of the Palm Beach County Municipal Clerks Association and the City of Greenacres, I respectfully request an official response from the Division of Elections regarding the following early voting legislation: Question 1.) Are municipalities required to provide early voting for electors prior to a municipal election; or can the municipality "opt out"? Question 2.) If a municipality decides to provide early voting, must the municipality fully comply with the statutor~ requirements of the Election Code, including the provision of providing written "Security Procedures" that must be submitted to the Division of Elections prior to eady voting. What is the time frame for submittal of Security Procedures? (# days before early voting.) F.S. Section 101.657, states: "in order for a branch office to be used for early voting, it shall be a full- service facility of the supervisor and shall have been designated as such at least I year prior to the election." Question 3.) What is the definition of a "branch office" and a "full-service facility of the supervisor" referenced in this section? It would be appreciated if you could respond to these questions as soon as possible, There are many concems that need to be addressed if early voting is applicable and required for municipalities, especially if there is no "opt out" or "exemption" provision. Thank you in advance for your assistance and early response. Sincerely, /~ondra K. Hill, CMC City Clerk PBC Municipal Clerks Association Board Member cc: Wadie Atallah, City Manager Deborah S. Manzo, Assistant City Manager ORDINANCE NO. 04-11 AN ORDINANCE ADOPTED BY THE TOWN COUNCIL OF THE TOWN OF LAKE CLARKE SHORES, FLORIDA, EXEMPTING THE TOWN OF LAKE CLARKE SHORES FROM THE PROVISIONS OF SECTION 101.657, FLORIDA STATUTES, SPECIFICALLY RELATED TO EARLY VOTING; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Florida Legislature adopted Chapter 2004-252, Laws of Florida, which amended Section 101.657, Florida Statutes, providing for Early Voting; and WHEREAS, Section 100.3605, Florida Statutes, allows the Town of Lake Clarke Shores to adopt an ordinance which exempts the Town from the provisions of Section 101.657, Florida Statutes; and WHEREAS, the Town of Lake Clarke Shores has determined it is in the best interest of its citizens to adopt an ordinance which exempts municipal elections from the early voting provisions contained in Section 101.657, Florida Statutes. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF LAKE CLARKE SHORES, FLORIDA, AS FOLLOWS: SECTION 1. The provisions of Section 101.657, Florida Statutes, providing for early voting, shall not apply to any Town of Lake Clarke Shores Municipal Election. It is the intent of the Town Council of the Town of Lake Clarke Shores, pursuant to the provisions of Section 100.3605 to exempt all Town of Lake Clarke Shores Municipal Elections from the early voting provisions of Section 101.657, Florida Statutes. Notwithstanding anything to the contrary contained herein, the Town of Lake Clarke Shores may contract with the Palm Beach County Supervisor of Elections to conduct early voting for the Town of Lake Clarke Shores at the office of the Supervisor of Elections and at any other early voting sites the Supervisor may establish in locations other than the Town Hall. SECTION 2. A certified copy of this Ordinance shall be transmitted by the Town Clerk to the Palm Beach County Supervisor of Elections, 240 South Military Trail, West Palm Beach, Florida 33416 immediately upon its adoption. SECTION 3. Repeal of Conflicting Ordinances. All ordinances or parts of ordinances in conflict herewith or inconsistent with the provisions of this Ordinance are hereby repealed. SECTION 4. Severability. If any section, part of a section, paragraph, sentence, clause, phrase or word of this Ordinance is for any reason held or declared to be Ordinance 04-11 Page 1 of 2 unconstitutional, inoperative or void, such holdings of invalidity shall not affect the remaining portion of this Ordinance and it shall be construed to have been the legislative intent to pass the Ordinance without such unconstitutional, invalid or inoperative part therein, and the remainder of this Ordinance after the exclusion of such part or parts shall be deemed to be held valid as if such part or parts had not been included therein, or if this Ordinance or any of the provisions thereof shall be held inapplicable to any person, group of persons, property, kind of property, circumstances, or set of circumstances, such holdings shall not affect the applicability thereof to any other person, property or circumstances. SECTION 5. Effective Date. The provisions of this Ordinance shall become effective immediately upon adoption. PASSED this 7th day of December, 2004, on first reading. PUBLISHED the 30th Day of December, 2004, in the Lake Worth Herald. PASSED AND ADOPTED this second and final reading. __ day of , 2004, on TOWN OF LAKE CLARKE SHORES, FLORIDA FOR AGAINST Robert M.W. Shaihoub, Mayor James D. Inglis, Vice Mayor Malcolm K. Lewis, President Pro Tem David Keir, Council Member H. David Kelley, Jr., Council Member ATTEST: By: Jo H. Plyler, Town Clerk Sponsored by: The Town Council Ordinance 04-11 Page 2 of 2 2 3 5 6 7 8 9 10 11 12 13 t4 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 ORDINANCE NO. 05- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, EXEMPTING THE CITY OF BOYNTON BEACH FROM THE PROVISIONS OF SECTION 101.657, FLORIDA STATUTES SPECIFICALLY RELATED TO EARLY VOTING; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, the Florida Legislature adopted Chapter 2004-252, Laws of Florida which ~mended Section 101.657, Florida Statutes, providing for Early Voting; and WHEREAS, Section 100.3605, Florida Statutes, allows the City of Boynton Beach to ~dopt an ordinance which exempts the Town from the provisions of Section 101.657, Florida Statutes; and WHEREAS, the City of Boynton Beach has determined it is in the best interest of its citizens to adopt an ordinance ~vhich exempts municipa! elections from the early voting ~rovisions contained in Section 101.657, Florida Statutes. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE 7ITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing whereas clauses are true and correct and are now ratified and :onfirmed by the City Commission. Section 2. The provisions of Section 101.657, Florida Statutes, providing for early voting, shall not apply to any City of Boynton Beach Municipal Election. It is the intent of the City Commission of the City of Boynton Beach, pursuant to the provisions of Section 100.3605 to exempt all City of Boynton Beach Municipal Elections from the early voting provisions of gection 101.657, Florida Statutes. Notwithstanding anything to the contrary contained herein, Page 1 of 2 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 :hc City of Boynton Beach may contract with Palm Beach County Supervisor of Elections to :onduct early voting for the City of Boynton Beach at the office of the Supervisor of Elections ~nd at any other early voting sites the Supervisor may establish in locations other than City Hall. Section 3. A certified copy of this Ordinance shall be transmitted by the City Clerk to he Palm Beach County Supervisor of Elections, 240 South Military Trail, West Palm Beach, Florida 33416 immediately upon its adoption. Section 4. Should m~y section or provision of this ordinance or portion hereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this ordinance. Section 5. Authority is hereby granted to codify said ordinance. Section 6. This ordinance shall become effective immediately upon passage. FIRST READING this day of ,2005. SECOND, FINAL READING AND PASSAGE this _ day of ,2005. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ITTEST: City Clerk CORPORATE SEAL) Page 2 of 2