Agenda 05-16-06
The City of
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100 E. Boynton Beach Boulevard. (561) 742-6000
City Commission
AGENDA
MAY 16, 2006
Jerry Taylor
Mayor - At Large
Mack McCray
Commissioner - District II
DISTRI T I
Bob Ensler
Commissioner - District I
Mike Ferguson
Commissioner - District III
Carl McKoy
Vice Mayor - District IV
Kurt Bressner
City Manager
James Cherof
City Attorney
Janet M. Prainito
City Clerk
www"boynton-beach"org
We're Reinventing City Living for
the Millennium
WELCOME
Thank you for attending the City Commission Meeting
GENERAL RULES 8< PROCEDURES FOR PUBUC 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.
o Consent Agenda Items: These are items which the Commission does not need to discuss individually
and which are voted on as a group.
o Regular Agenda Items: These are items which the Commission will discuss individually in the order
listed on the agenda.
o 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.
o Public Hearings: Any citizen may speak on an official agenda item under the section entitled "Public
Hearings."
o Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of
the Commission.
o 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.
o
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 Commission Chambers, 100 East Boynton Beach
Boulevard, Boynton Beach. All regular meetings are held typically on the first and third Tuesdays of every
month, starting at 6;30 p.m. (Please check the Agenda Schedule - some meetings have been moved due to
Holidays/Election Day).
CITY OF BOYNTON BEACH
REGULAR CITY COMMISSION MEETING
AGENDA
May 16, 2006
I. OPENINGS:
6:30 P.M.
A. Call to Order - Mayor Jerry Taylor
B. Invocation
C. Pledge of Allegiance to the Flag led by Vice Mayor McKoy
D. Agenda Approval:
1. Additions, Deletions, Corrections
2. Adoption
II. OTHER:
A. Informational Items by Members of the City Commission
III. ANNOUNCEMENTS, COMMUNITY 8< SPECIAL EVENTS, 8< PRESENTATIONS:
A. Announcements:
1. The Community Development Foundation has a Task Force to
Rehabilitate the Tri-Cities of Belle Glade, Pahokee and South Bay, leaving
Boynton Beach Monday, June 12, 2006, for a ten day period. Six
hundred Haitian-Americans from South Florida and six hundred from
other areas and states will be participating.
B. Community and Special Events:
1. Oceanfront Concert Series, Friday, May 19, 6-9 p.m., Oceanfront Park,
featuring the Solar Band (Jazz/Pop). FREE. Park and ride from Bank of
America at Ocean Avenue and Federal Highway.
C. Presentations:
1. Proclamations:
None
2. Presentation by Wilfred Hawkins, Assistant City Manager and Regenia
Scott, Neighborhood Services Manager, of a check in the amount of
$15,030.51 to the United Way of Palm Beach County representing funds
raised to benefit families in Palm Beach County.
1
Agenda
Regular City Commission
Boynton Beach, FL
May 16, 2006
3. Presentation of a Citation to Jeanne Heavilin, former Chair of the
Community Redevelopment Agency Board for her service to the
community.
IV. PUBLIC AUDIENCE:
INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3-MINUTE PRESENTATIONS (at
the discretion of the Chair, this 3-minute allowance may need to be adjusted
depending on the level of business coming before the City CommiSSion>
V. ADMINISTRATIVE:
A. Appointments to be made:
Appointment Length of Term
To Be Made Board EXDiration Date
II McCray Adv. Bd. On Children & Youth Alt 1 yr term to 4/07 Tabled (3)
III Ferguson Adv. Bd. On Children & Youth Alt 1 yr term to 4/07 Tabled (3)
IV McKoy Adv. Bd. On Children & Youth Reg 2 yr term to 4/08 Tabled
Mayor Taylor Adv. Bd. On Children & Youth Reg 2 yr term to 4/08 Tabled
III Ferguson Arts Commission Alt 1 yr term to 4/07 Tabled (3)
IV McKoy Arts Commission Alt 1 yr term to 4/07 Tabled
III Ferguson Bldg. Bd of Adj & Appeals Alt 1 yr term to 4/07 Tabled
III Ferguson Cemetery Board Alt 1 yr term to 4/07 Tabled (3)
I Ensler Code Compliance Board Alt 1 yr term to 4/07 Tabled (3)
II McCray Code Compliance Board Alt 1 yr term to 4/07 Tabled
IV McKoy Community Relations Board Alt 1 yr term to 4/07 Tabled (2)
Mayor Taylor Community Relations Board Alt 1 yr term to 4/07 Tabled
I Ensler Education Advisory Board Alt 1 yr term to 4/07 Tabled (3)
II McCray Education Advisory Board Reg 2 yr term to 4/08 Tabled
III Ferguson Education Advisory Board Reg 2 yr term to 4/08 Tabled
IV McKoy Education Advisory Board Reg 2 yr term to 4/08 Tabled
Mayor Taylor Education Advisory Board Alt 2 yr term to 4/08 Tabled
I Ensier Education Advisory Board Stu 1 yr term to 4/07 Tabled
II McCray Education Advisory Board Stu 1 yr term to 4/07 Tabled
III Ferguson Education Advisory Board Reg 2 yr term to 4/07 Tabied
III Ferguson Library Board Alt 1 yr term to 4/07 Tabled (3)
IV McKoy Library 80ard Alt 1 yr term to 4/07 Tabled
IV McKoy Recreation & Parks Board Alt 1 yr term to 4/07 Tabled
III Ferguson Senior Advisory Board Alt 1 yr term to 4/07 Tabled
II McCray Employees' Pension 80ard Reg 3 yr term to 4/08 Tabled
2
Agenda
Regular City Commission
Boynton Beach, FL
May 16, 2006
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:
1. Agenda Preview Conference - April 28, 2006
2. Regular City Commission - May 2, 2006
B. Bids and Purchase Contracts - Recommend Approval - All expenditures are
approved in the 2004-2005 Adopted Budget.
1. Approve the purchase of one (1) 480V, 3-phase 125 kW portable
generator set from O's Power Systems, Ocala, FL by piggybacking the
Town of Longboat Key Bid #lFB-05-2006-0-2005/GW in the amount of
$39,725.
2. Approve the piggyback of the State Purchasing Agreement #2503120-PA
to R&S Integrated Products & Services, Inc. for the purchase of Software
Maintenance & Computer Maintenance agreements in the amount of
$45,450.90.
3. Approve the purchase of the H.T.E.'s NaviUne series of software
application in the amount of $45,703.50 from I.T.S. Computer Software
Account #001-1510-513-64-14.
4. Approve the emergency repair by Madsen/Barr Corp. of Lake Worth, FL of
an existing 30" raw water main located at the West Water Treatment
Plant that is leaking at the sulfuric acid injection point. The total
expenditure is $176,109.25.
C. Resolutions:
1. Proposed Resolution No. R06-094 RE; Terminating
the interlocal agreement with Palm Beach County Building Division to
return the Collection of County Impact Fees to the City of Boynton Beach
Building Division.
2. Proposed Resolution No. R06-095 RE; Approving and
authorizing execution of Kawasaki Jet Ski Watercraft Loan Agreement
between the City of Boynton Beach and Motorsports of Delray
(Congressional Personal Watercraft Loan Program) to aid in water rescue
activities during boating season.
3
Agenda
Regular City Commission
Boynton Beach, FL
May 16, 2006
3. Proposed Resolution No. R06-096 RE; Approving and
authorizing the execution of an agreement for Professional Consulting
Services for a concurrency evaluation of S.W. 30th Avenue/Charter Drive
in compliance with the requirements of the Countywide Traffic
Performance Standards Ordinance.
D. Approve amendments to the Neighborhood Assistance Matching Fund (NAMF)
program to allow for: 1) separate and specific project fund categories; 2)
maximum awards per category; 3) creation of project types; 4) match
requirements; and 5) review process.
E. Approve the "CORTINA PUD" Record Plat, conditioned on the approval being the
certification of the plat documents by H. David Kelley, Jr., (City Engineer and
Surveyor & Mapper).
F. Accept the written report to Commission of purchases over $10,000 for the
month of April 2006.
G. Adopt the Risk Management Policy.
H. Replace vacant Assistant Fire Marshal (approved in 05-06 flY budget) with Fire
Protection Engineer position.
1. Return cash bond of $2,750 to KMA Investment Properties LLC for the project
known as Grove Plaza (Parcel D).
J. Authorize the use of $500 of Community Investment Funds to Maddads by
Commissioner Ensler.
K. Approve and authorize Commissioner Ensler to contact the Palm Beach County
School District, in the capacity of an elected official of the City of Boynton Beach,
on behalf of the Boynton Beach Symphonic Orchestra.
VII. CODE COMPLIANCE 8< LEGAL SETTLEMENTS:
None.
VIII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS
THE CITY COMMISSION WILL CONDUCT THESE PUBUC HEARINGS IN ITS DUAL CAPACITY AS LOCAL
PLANNING AGENCY AND CITY COMMISSION
None.
IX. CITY MANAGER'S REPORT:
A. Review the annual amount budgeted for Community Investment Funds.
4
Agenda
Regular City Commission
Boynton Beach, FL
May 16, 2006
B. Cellular 911 Dispatch
C. Review draft Ordinance that would combine the Education Advisory Board and
the Advisory Board on Children and Youth.
D. Approve the transfer of $50,000 from City Hall Contingency Fund to the
Neighborhood Assistance Matching Funds (NAMF) program account and allocate
$10,000 from the Neighborhood Services budget to fund the proposed
Emergency Generator and Ice Machine project.
X. FUTURE AGENDA ITEMS:
A. Utility Service Area Analysis - June 2006
B. Review of Recreation & Park Fees - June 2006
C. Stand-by Power Requirements - June 2006
D. Review and possible adjustment of the stormwater fees - June 6, 2006
E. Adopting a new Article III of Chapter 18 entitled "Municipal Police Officers'
Retirement Trust Fund" in the Boynton Beach Code of Ordinances entitled
"Pensions for Police Officers"{Proposed Ordinance No. 06-036) (Tabled to
June 6,2006)
F. Small/Minority Business Enterprise (S/MBE) Plan Proposal - July 2006
XI. NEW BUSINESS:
None
XII. LEGAL:
A. Ordinances - 2nd Reading - Development - PUBUC HEARING
Seacrest Low Density Residential (LUAR 06-014)
1. Proposed Ordinance No. 06-038 RE: Request to
amend the Comprehensive Plan Future Land Use Map from Local Retail
Commercial (LRC) to Low Density Residential (LDR).
2.
Proposed Ordinance No. 06-039 RE:
rezone from C-2 Neighborhood Commercial to R-1
Residential.
Request to
Single Family
5
Agenda
Regular City Commission
Boynton Beach, FL
May 16, 2006
Seacrest High Density Residential (LUAR 06-015)
3. Proposed Ordinance No. 06-040 RE: Request to
amend the Comprehensive Plan Future Land Use Map from Local Retail
Commercial (LRC) to High Density Residential (HDR).
4.
Proposed Ordinance No. 06-041
rezone from C-2 Neighborhood Commercial to
Residential.
RE: Request to
R-3 Multi-Family
Harbor Cay (LUAR 06-009)
5. Proposed Ordinance No. 06-042 RE: Request
to amend the Comprehensive Plan Future Land Use Map from Local Retail
Commercial (LRC) and Low Density Residential (LDR) to Special High
Density Residential (SHDR).
6. Proposed Ordinance No. 06-043 RE: Request
to rezone from Community Commercial (C-3) and Single-Family
Residential (R-1-AA) to Infill Planned Unit Development (IPUD).
7. Proposed Resolution No. R06-097 RE: Request
new site plan approval to construct 23 fee-simple townhouse units,
swimming pool and related site improvements on a 1.429 acre parcel in
the IPUD zoning district.
Hathaway Park Industrial Zone (LUAR 06-007)
8. Proposed Ordinance No. 06-044 RE: Request
to amend the Comprehensive Plan Future Land Use Map from Local Retail
Commercial (LRC) to Industrial (I).
9. Proposed Ordinance No. 06-045 RE; Request
to rezone from Community Commercial (C-3) to Industrial (M-1).
10. Proposed Ordinance No.06-046 RE: Request to
abandon a portion of an unimproved alley located between NE 5th and NE
6th Avenues extending approximately 150 feet west from NE 3rd Street.
(Monnin Alley)
6
Agenda
Regular City Commission
Boynton Beach, FL
May 16, 2006
B. Ordinances - 2nd Reading- Non-Development - PUBLIC HEARING
1.
Proposed Ordinance No. 06-047
adoption of Ordinance to conform
approved compensation increases.
RE: Approving the
Charter language to previously
C. Ordinance - 1st Reading
1. Proposed Ordinance No. 06-048 RE; Amending
Chapter 15, entitled "Offenses Miscellaneous" Section 15-123, entitled,
"Penalties; Exceptions" to provide for the inclusion of additional
individuals who are required to register as sexual offenders.
D. Resolutions:
1. Proposed Resolution No. R06-098 RE: Amending Resolutions
No. R05-177 and R05-207 restating the public necessity of acquiring
parcels of property for the purpose of acquiring fee simple, required for
elimination of blight and slum and future construction of improvements to
the City's redevelopment area pursuant to the Heart of Boynton
Community Redevelopment Plan.
2. Proposed Resolution No. R06-099 RE: Amending Resolution
No. R06-057 restating the public necessity of acquiring the Commercial
Condominium units designated as Suites 101, 102, 104 and 209 within
the First Financial Plaza for the purpose of acquiring fee simple title,
required for elimination of blight and slum and future construction of
improvements to the City's original redevelopment area and for vehicular
and pedestrian access and public parking within the City of Boynton
Beach.
E. Other:
None.
XIII. UNFINISHED BUSINESS:
None.
XIV. ADJOURNMENT:
NOTICE
IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS
MEmNG, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM
RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
(F.s.286.0105)
THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN
EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE
CONTACT JOYCE COSTELLO, (561) 742-6013 AT LEAST TWEN'TY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE
CITY TO RfASONABl Y ACCOMMODATE YOUR REQUEST.
AGENDA 05/15/06 2:30 p.m. S:\CC\WP\CCAGENDA\AGENDAS\year 2006\OSl606.doc
7
III.-ANNOUNCEMENTS 8< PRESENTATIONS
Item A.l
ANNOUNCEMENT
RE:
Task Force to Rehabilitate Tri-Cities of Belle Glade, Pahokee and
South Bay.
WHEN:
Leaving Boynton Beach Monday, June 12, 2006 for a ten day
period.
WHO:
Community Development Foundation.
Founder: Quetal Osterval. President of UTEL, Inc. (a computer
service and training company) and Julie Feliciano, Vice President.
Telephone numbers 561-733-7667 and 1-888-411-8835.
WHAT:
The task force will consist of 1200 Haitian Americans who will give
ten days of their time to help rehabilitate devastated areas in the
Tri-City area of Palm Beach County.
The group will travel to this area and spend ten days rebuilding
many different types of structures, including a church for Father
Morales, a pavilion used for political gatherings, several hundred
houses and small businesses. Concentrating on those most in
need and particularly senior citizens, single parents and those
without insurance.
With 1200 volunteers working about ten hours each day for ten
Days a total of 120,000 volunteer hours will make a positive
Contribution to people's lives in this area.
COMPOSITION OF THE VOLUNTEERS
As of late April, reservations received include almost 600 Haitian-Americans
living in South Florida and more than 600 from other areas including:
Naples - Fort Myers 106
Orlando 58
Boston 49
Philadelphia 36
New Jersey 108
New York State 250
Rhode Island -1Q
623
These volunteers have desirable worker skills including Plumbers, Electricians,
Carpenters, Roofers, Painters, Dry Wall and other construction skills. There is
also a health care component including several Doctor's, Nurses and PA'S.
Many of them have proven their worth by participating in three previous trips to
the Gulf Coast, including one trip last Novernber to Biloxi, Gulfport, Mississippi; a
second in February to Pass Christian, Mississippi and a third one completed in
April to Chalmalte, Louisiana (a suburb of New Orleans).
BOTTOM LINE
A rnajor reason Haitian-Americans are eager to help is they recognize loss and
devastation from what has happened in Haiti. Based on previous trips these
volunteers are not only willing to give their own time to the project but also have
raised the bulk of the money required. The just completed trip to New Orleans
has a total budget of about $100,000.00 (more than 80% of this was for the
buses which transported the volunteers to New Orleans).
WHA T IS NEEDED
Coordination between the three local mayors, the cornmunity leaders and County
Commissioner Masilolti can help prepare a project list in priority order as well as
perhaps providing food supplies for the volunteers and enlisting local help for the
effort.
M. C. Ferguson
Boynton Beach, Commission
561-732-3753
561-389-9968 (Cell phone)
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"lrl'ON
lII.-ANNOUNCEMENTS 8< PRESENTATIONS
Item B.lA
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORl\tl
Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned
Meetinl1. Dates in 10 City Clerk's Office Meetine: Dates in to City Clerk's Office
0 April 4, 2006 March 20, 2006 (Noon.) 0 June 6, 2006 May 15, 2006 (Noon)
0 April 18, 2006 April 3, 2006 (Noon) 0 June 20, 2006 June 5, 2006 (Noon)
0 May 2, 2006 April 17, 2006 (Noon) 0 July 5. 2006 June 19,2006 (Noon) .--{
IZJ May 16, 2006 May 1, 2006 (Noon) 0 July 18,2006 July 3. 2006 (Noon) "" .
0 Administrative 0 Development Plans
NATURE OF 0 Consent Agenda 0 New Business .'
AGENDA ITEM 0 Public Hearing 0 Legal "'J.
;--:'!C-:l
0 Bids 0 Unfinished Business
IZJ Announcement 0 Presentation
0 City Manager's Report
RECOMMENDATION: Permit announcement
EXPLANATION: This is an announcement of a Community and Special Event -Oceanfront Concert Series, Friday, May
19, 6-9 p"m", Oceanfront Park. Features the Solar Band (Jazz/Pop). Free" Park and ride from Bank of America, Ocean Ave.
and Federal Hwy.
PROGRAM IMPACT: Will heighten public awareness of this special event
FISCAL IMPACT: None
ALTERNATIVES: Not permit announcement
t.~ /"7-:;""'" ~ ~o/
Departm Hea ignature
~
City Manager's Signature
Public Affairs
Department Name
City Attorney I Finance I Human Resources
SIBULLETINIFORMSIAGENDA ITEM REQUEST FORM DOC
'jtrf/
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORl..
lII.-ANNOUNCEMENTS &. PRESENTATIONS
Item C.2
Requested City Commission Date Final Form Must be Turned Requested City Commission Date rinal Form Must be Turned
Meetin!!. Dates in to City Clerk's Office MJ~J;tine Dates in to Citv Clerk's Office
0 April 4, 2006 March 20. 2006 (Noon_) 0 June 6, 2006 May] 5, 2006 (Noon)
0 April 18, 2006 April 3. 2006 (Noon) 0 June 20, 2006 June 5, 2006 (Noon)
0 May 2, 2006 April 17. 2006 (Noon) 0 July 5. 2006 June 19.2006 (Noon)
[8J May 16, 2006 May J, 2006 (Noon) 0 July 18,2006 July 3, 2006 (Noon)
~"
, _.~ -,
0 Administrative 0 Development Plans
0 0 "
NATURE OF Consent Agenda New Business ,
AGENDA ITEM 0 Public Hearing 0 Legal "-
0 Bids 0 Unfinished Business -n
0 [8J ~,.
Announcement Presentation
0 --:-> L-~
City Manager's Report _'-':1"
- .:"')-~
'-.-,. t':~~
RECOMMENDATION: The City of Boynton Beach Workplace Campaign will present a check in the amount of
$15,030.51 to the United Way of Palm Beach County, which represents funds raised to benefit families in Palm Beach
County "
EXPLANA nON: The City's Workplace Campaign for United Way raised a total of$15,030.51, which exceeds the
$15,000 goal the committee established. The Workplace campaign was coordinated by a committee of 14 city employees that
organized a number of innovative events to spur employee participation and charitable giving. This committee served as the
liaison between the City of Boynton Beach employees and United Way of Palm Beach County. The United Way of Palm
Beach County partners with many community organizations, government, businesses, volunteers and investors to identify the
needs of our community and create smart solutions that get real results. By working together the United Way of Palm Beach
County and the City of Boynton Beach are assisting in the work of impacting our community and changing the lives of
individuals and families throughout Palm Beach County.
PROGRAM IMPACT: This is one of the City's approved charitable giving campaigns.
FISCAL IMPACT: None
ALTERNATIVES: N/A
~
City Manager's Signature
City Manager's Office
Department Name
City Attorney / Finance I Human Resources
S:\BULLETIN\FORMS\AOENDA ITEM REQUEST FORM.DO('
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1II.-ANNOUNCEMENTS & PRESENTATIONS
Item C.3
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meetinl! Dates in to City Clerk's Office Meetifll:!: Dates in to City Clerk's Office
0 April 4, 2006 March 20, 2006 (Noon.) 0 June 6, 2006 May 15,2006 (Noon)
0 April 18,2006 April 3, 2006 (Noon) 0 June 20, 2006 June 5, 2006 (Noon)
0 May 2, 2006 April 17, 2006 (Noon) 0 July 5, 2006 June 19. 2006 (Noon)
[><J May i6, 2006 May I, 2006 (Noon) 0 July 18,2006 July 3, 2006 (Noon)
0 Administrative 0 Development Plans
NATURE OF 0 Consent Agenda 0 New Business
AGENDA ITEM 0 Public Hearing 0 Legal
0 Bids 0 Unfinished Business
0 Announcement [><J Presentation
0 City Manager's Report
RECOMMENDA TlON: Present Citalion 10 Jeanne Heavilin, fonner chair of the Community Redevelopment Agency
(CRA).
EXPLANA TlON: The City Commission has requested that Jeanne Heavlin, who has served the CRA for the past six years,
most recently as its chair, be recognized for her service to the community through the issuance of a Citation of appreciation.
PROGRAM IMPACT: Presentation will heighten public awareness of the contributions of private citizens to the quality of
life in Boynton Beach, through voluntary public service.
FISCAL IMPACT: None"
AL TERNA TIVES: Not present Citation.
~~M' ~~~
Departme ead' gnature
~~
City Manager's Signature
Public Affairs
Department Name
City Attorney I Finance I Human Resources
S,IBULLETINIFORMSIAGENDA ITEM REQUEST FORM DOC
~
{ITA TIfJK
Boynton Beach is fortunate to have many citizens who take an active role in their city and who are committed to
improving the quality of life for everyone that lives, works, plays and learns here. These people offer their time
and taient with no expectation of reward other than the satisfaction of knowing they have made a valuable
contribution to the community. One such person is Jeanne Heavilin.
Most recently, Ms. Heavilin served as chair of the City's Community Redevelopment Agency. In that capacity, she
provided leadership to the organization's board during an important period in the City's redevelopment. Prior to
serving as chair, she was vice chair and a board member of the agency.
Ms" Heavilin has also been active in the Sister Cities program, serving as president of the local Sister Cities
organization. She traveled to Boynton Beach's Sister City, Qufu, China, at her own expense to represent Boynton
Beach and with her group is exploring a second Sister City relationship She is also initiating an electronic pen-pal
program between students in Boynton Beach and Qufu"
Active in her church, Ms. Heavilin was part of a group that traveled to Africa to help improve the quality of life for
people living there. Soon she will lead a volunteer work team to New Orleans' 9~ Ward to assist in the cleanup in
the wake of Hurricane Katrina.
Ms. Heavilin also serves on the Advisory Board of Habitat for Humanity and is a member of the Realtors
Association of the Palm Beaches Professional Standards Committee. She also lends her time and expertise to
the Inlet Cove Association. Her accomplishments are many and well deserved.
Now, therefore, I, Jerry Taylor, by virtue of the authority vested in me as Mayor of the City of Boynton Beach,
Florida, recognize with this Citation
JEANNE HEAVILlN
for her many valuable contributions on behalf of the citizens of Boynton Beach.
In witness whereof, I have hereunto set my hand and caused the Seal of the City of Boynton Beach, Florida, to
be affixed at Boynton Beach, Florida, the 16~ day of May, Two Thousand and Six.
Jerry Taylor, Mayor
City of Boynton Beach
ATTEST:
City Clerk
(Corporate Seal)
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORl\tl
VI.-CONSENT AGENDA
ITEM B.1
Requested City Commission Date Final Form Must be Turned Requested City Commission Datc Final Fonn Must be Turned
Meeting Dates in to City Clerk's Office Meetinl!' Dates in to City Clerk's Office
0 April 4, 2006 March 20, 2006 (Noon.) 0 June 6, 2006 May 15,2006 (Noon)
0 April] 8, 2006 April 3, 2006 (Noon) 0 June 20, 2006 June 5, 2006 (Noon)
0 May 2, 2006 April 17, 2006 (Noon) 0 July 5, 2006 June 19, 2006 (Noon)
[8:J May 16,2006 May 1,2006 (Noon) 0 July 18,2006 July 3, 2006 (Noon)
NATURE OF
AGENDA ITEM
0 Administrative 0 Development Plans
[8:J Consent Agenda 0 New Business
0 Public Hearing 0 Legal
0 Bids 0 Unfinished Business )
. )-~
0 Announcement 0 Presentation --1--<:;'"
0 ,(~
City Manager's Report - -~ -ll
2
RECOMMENDATION:
_.~ -.,
Motion to approve the purchase of one (1) 480v, 3-phase, 125 kW portable generator set ~mf3~1l
Power Systems, Ocala, FL by piggy-backing the Town of Longboat Key Bid #IFB-0s.:20~-
~~.~
2005/GW in the amount of $39,725.00. __
EXPLANATION:
Bid #019-2821-05/CJD, INCA Stormwater Management Improvements and Water Main
Replacement Project, includes the construction of four (4) detention ponds and a storm water
pump station.
As the construction of this project progressed, it was determined that installation of a f"txed
generator set in close proximity of the Intracoastal Waterway could be a prime target for
hurricane and storm surges; thus, rendering the stationary generator un-useable at the time it
may be needed the most. The result would be loss of power to the generator and no relief for the
flooding.
PROGRAM IMPACT:
In concurrence with the design engineer, Camp Dresser & McKee, the Utilities Department
decided to change the scope of work by deleting the Contractor's purchase of the f"txed generator
set and for the City to purchase a portable mounted generator set.
S:\BULLETfN\FORMS\AGENDA ITEM REQUEST FORM.OOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
The portable generator set will be stored at the East Water Treatment Plant site and will be
moved to the INCA site if and when needed. The portable generator set will provide more
flexibility in that it may also be used by the Utilities Department for other applications, such as
well field or lift station operations if not needed for the post storm operations at the INCA site.
Utilities staff proposes that the City purchase the portable generator for a cost savings of
$10,291.00. It will remain the Contractor's responsibility for installation of all electrical and
telemetry work described in the Contract documents. The price of the portable generator set
includes a two (2) year, 1500 hour limited warranty from the manufacturer.
FISCAL IMPACT:
$ 47,185.00
$ 2,831.00
$ 50,0]6.00
SAVINGS
Trio uote
Portable Generator Set
Sales Tax
Total
$ 39,725.00
$ 0.00
$ 39,725.00
$ 10,291.00
Funds are available in Utilities Account #403-5000-590-96-07 STM031
AL TERNA TIVES:
By approving the purchase of the portable generator set, the City will save $]0,291.00 and the
generator set will be available for other uses in the Utilities Department. The benefits and cost
saviugs to the residents of the City are substantial and provide justification that this purchase is in
the best interest of all parties.
The only alternative would be to continue construction using a stationary generator, not taking
advantage of the $10,291.00 cost savings and be faced with the possibility that the stationary
'Z~" r~~m=~ mfl".,,, '.2m ,.""
Kofi Boateng, Utilities Director Kurt
Utilities
Department Name
cc: Kofi Boateng, Utilities Director
A/Pete Mazzella, Deputy Utilities Director
V Chris Roschek, Utilities Engineering Division Manager
Paul Fleming, Sr. Project Manager
Barb Conboy, Manager Utilities Admin & Finance
PMT File
S:\BULLETIN\FORMS\AGFNDA ITEM REQUEST FOKM.DOC
FROM C.J. Sales and Service 352 732 0808
(THU)MAR 30 2008 11:08/~T. 11:09/No.7500000422 p 1
132 HE, 17" Place
Ocala, fL 34470
. PH (~) 2so:.1771
. PH BOOf.877-1260
Ii: :
, FX 352+732-6225
,
, EMAlL parlostCllcjspower.com
, WEBSltE _.cllJDOW8r.com
Fax
To:
Paul Fleming
(1) One D125FJ.JT2, 125kw
KatoIlght Generators
, '
From: Ste_ iParker, ~ene..al Mgr
.....es, 1 t~1ldiflt H56d/
RE:
Fax: 561-742-6298
: !
DIIteo 3I3O/2P06 11:1~ AIl!I
ce,
o Urgent
X For RevIew 0 Pl_ Co...._'" X PIeeQ Rep/y ,0 P..... Recycle
. Coonments:
Dear Paul,
Please accept this letter as CJ's willingness to plgg~k 1 125kw
.1: _.. . '
Generator Set on Longboat Key P0f#13192 datecl~105 fotr ~9,725.00
, .! :,
If you have any questions or concerns please feel free to Gontact me.
,
,
I look forward to a successful business relationship in the 'future.
Sincerely,
Steve Parker
General Manager
Utilities Department
City Of Boynton Beach
Project Management Division
Facsimile
Date:
March 29, 2006
No. Of Pages : 2
(Including cover page)
Phone: 352-732-0271
Fax: 904-288-8463
From:
Carlos R. Torres
CJ's Power Systems
K,reo R;"I.y. coo~"""
Utilities Department
Phone:
Fax:
Mobile:
561-742-6435
561-742-6298
To:
Subject:
Verification of piggy-back price - Longboat Key PO#13192
cc:
Paul Fleming, Sr. Project Manager
Carlos,
The attached Fax page from Mr. Parker is a sample of the documentation needed to seek approval from
our City Commission for the purchase of one (1) 125kW generator described as:
Katolight Model D125FJJ4T2
Generator: 125 kW, 156.2 kV A
Voltage: Multivoltage 240 & 480V 3-phase (J)
Engine: John Deere 6068HF275, 60 Hz Diesel, 1800 RPM
When the generator is ordered after Commission approval, what is the anticipated time for delivery and
what are the estimated shipping charges, if any?
Thank you for your assistance, if you need any additional information, please let me know.
If you receive this fax in error, or experience trouble with transmission, please notify our office immediately, at (561) 742-6400.
Thank you.
.Jan 20 06 12: 30p
CJ1s Power-Carlos Torres
(904) 288~8463
CJ's Power Systems
6242 Magnolia Springs Ln. Jacksonville FI. 32258
carlost@cjspower.com
(Phone) (904) 260-1771
(Fax) (904) 288-8463
www.cjspower.com
Proposal
For
City of Boynton Beach
January 20, 2006
John Reynolds
(561) 742.0299 Fax
CJ's Power Systems submits the following proposal for the project: 125 KW Trailer Mtd. Generator
KATOLlGHT MODEL: (Qty -1) - D125FJJ4T2"/
GENERATOR: 125 kW, 156.2 kVA........
VOLTAGE: Multivoltage 240 & 480V 3-Phase (J) ,;r
ENGINE: John Deere 6068HF275, 60 Hz Diesel, 1800 RPM V"
Standard Features Included:
Steel Sub Base. Battery Cables, Battery Box, Flex Fuel Connector, 0" Drain Extension, Lube 011 and AntI-freeze
Selected Model Features Included:
l$OchronolJ'$ Governor + ,- .25%
Permanent Magnetic Generator
UL22QO
p.2
(File #: 132)
~()NTROL PANEL:
Model 45 Standard Control Panel 100151
STANDARD CONTROL PANEL: 45 Series, NEMA 1 enclosure and generator
Mounted voltmeter - (3-112'),2% accuracy, Ammeter - (3-112"). 2% accuracy, 4 position combination voltmet, 'ammeter
selector sw~ch, Frequency meter, dial type - (3-112'),
ENGINE INSTRUMENTS:
Oil pressure gauge, Water temperature gauge, Battery charge rate ammeter and Running time meter,
KASSEC Engine Control, cyclic cranking with 4 lights for.
High temperature/Low water level shutdO'Nn, Low oil pressure shutdown, Overspeed shutdown, Overcranlc Shl down, 3
pos~ion switch (auto-off-manuel)
Accessories:
Emergency Stop Button (1)
Voltage Adjust PDtentionmeter (1)
Frequency Adjust Potentionrneter (1)
ENCLOSURE:
Crystal Quiet - CQE712 77798
COOUNG SYSTEM:
UnR Mounted Radiator
CIRCUIT BREAKERS:
400 AMP 120/240 Three Phase - Mounted and Wired in a NEMA 1 Enclosure (Qty: 1)
225 AMP 277/480 Three Phase - Mounted and Wired in a NEMA 1 Enclosure (Qty: 1)
Accessories:
Shunt Trip (1)
BATTERY:
Lead Acid Battery 1000 CCA @ 0 F 1/75485
JLOCK HEATER:
Standard @ 20 F 1500 Watts
Accessories:
Heater wired to a Terminal (1)
Jan 20 05 12: 30p
CJ's Power-Carlos Torres
(904) 288~8463
p.3
VI8RATlc>tl SOLATION:
Vi Ilra;on Pads
BATTERY' CIARGER:
Fe 1!-lo-2011UA (12Volt, 10 Amp) 73662
Ac:cssories:
Fe 1!-10-2011UA- Mounted-Wired AC & DC (1)
TRAILER:
700Dl"4 (CarryWgI. _ 5647 1 Wgl Only -1353, OA Size- 158 x 82in.1 Sed 110 x 60in.)
Accessories:
7001l'4 _ Trailer Mounted Fuel Tank -130 gls., 1300 Ibs. It) 7000T4
MISCELLArlEOUS:
Wananty - Two-Year 11500 Hour (1)
pair!- KatolightTan (1)
Tes1i1g - Standard Commercial Test: 1 Hour (1)
W1anual - One Instruction Manual (1)
GENERAL WSTOM OPTIONS INCLUDED:
Volbge Selector Switch 1201240-277/480V 3ph (I)
.---.--........-..--.-....-.............-***.
Proposal Summary:
-rOTAL PROPOSAL PRICE: $ 39,725.00
~~~.***.****~*...*********..******.****************************
QlJded prices do not Include Federal, Stale or Locallaxes which may be applicable. Quoted prices inc "de normal
testng, packaging and instructlonallllerature. Special testing, packaging, additional Instruclional liter ture, parts,
provisioning 1Is1s or prints are not Included, and prices will be quoted separately.
Qualition Firm For 30 Day{s)
Del Ivery Notes:
Approximate Shipping Weight: 3,930 Ibs. (1,783 Kgs,)
BY: CarCos ~, l1'orres
CJ's Power Systems
Cartos R. Torres
****-*_.......-*-_.........*_....._........--
Jan 2006 12: 31p
CJ's Pawer-Carlos Torres
(904) 288-8463
p.4
Tl'alleraMounted Engine
Generator Sets
KATOLJ ;HT.
C()I. 'ORATION
~i~m1I..!GH;S
. Approved for highway travel
. Heavy fenders with non-skid surface
. Adjustable height plntlelball hitch .
. Integrated diesel fuel storage tank v'
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:::::::::
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OP,!ONAL iTEM: SWITCHABLE VOLTAGE
Optional on-the-spot, switchable voltage. With the four position switch the operator can cho, se any of
the following voltages: 120/208V 3 phase Low Wye Connection, 120/240V 3 phase Delta Cc Inection,
277/480V 3 phase High Wye Connection, and 120/240VAC ZIGZAG 1 phase/phase connec ld.
TRti!!..EiR
Our trailers are approved for highway travel and feature heavy fenders with non-skid surfaCE two rear
adjustable jackstands, one front adjustable wheeled jackstand and torflex axles up to 12,00( Ibs. Also
featured is an adjustable height pintle/baU hitch and an integrated diesel fuel storage tank. ( ptional
gasketed cable box and bolt on spare tire are also availabfe.
?!!~USING
Housings are constructed of welded and bolted 16 & 14 gauge steel, with pitched roof desigl and powder
coat paint. Doors are designed with lockable T-handle latch, and are louvered for open or cl ,sed
operation. All doors are hinged and keyed alike. Optional Crystal Quiet operation package, ' 'hich
includes exhaust mounted inside housing, gasketed doors, sound attenuation and precise is chronous
governor control for ideal computer or electronic equipment backup.
For support or information, call us at 800-325.5450 or visit us at www.katolight.com
Malcrial~ and specification... subject to change without notice.
~ Katolight Corporation. 100 Power Drive, Manlu!to, MN 56001
TrailecMounted_Engi!'lt:_GenSetQ_KL_Spec:-'-:S-03
J.an 20 06 12: 31p
CJ's Power-Carlos Torres
~ S'(~!.~_~~.o/(r/.
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KA1OLIGHT"
, "' CORPORATION
:~~-----~.
D125F'J4T2
115 kW @ 60 Hz,
Prime Power
125 kW@60 Hz.
Stand-By Power
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[904) 288~8463
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.- Katolight's commitment to quality has been an industry standard since 1952
.- Katollght speciallzes in custom designing any appllcation to meet the most difficult specificati,
.- Each and every unit is factory tested, This can eliminate costly startup and installation delay~
.- Katolight supplles a broad range of accessories to match any requirement worldwide
.- Katolight generator sets come standard with a 2 year, t 500 hour limited warranty
.- Optional warranty periods are also available, contact factory for details
.- This model accepts 100% of nameplate rating, per NFPA 110
.- This engine is EPA Tier II certified
Model' Volts Hz PIle.. power Slandby Rallng_ Prim. Ratings connect!
Factor Alrina kWIkV A A...... ItNIkVA
DI25FRJ4T2 277/480 60 3 0,8 188 125115625 173 115/143.75 12 LEAD HI
DI25FPJ4T2 1201208 60 3 0,8 434 1251156.25 399 115/143.75 12 LEAO LOI
........
1 Dl25FJJ4T2 1201240 60 3 0.8 376 125/156.25 346 115/143.75 12 LEAD Hi
D125FNJ4T2 347/600 60 3 0.8 150 125/15625 138 115/143.75 4 LEAD V
D125FGJ4T2 120/240 60 1 1.0 521 125/125 479 115/115 12 LEAD Z\'
D 125FDJ4 T2 120/240 60 1 1.0 521 125/125 479 115/115 4LEA
D1 5FR.J4T2_1H)4
Jan 20 06 12:31p
CJ's Power-Carlos Torres
p.6
D125F*J4T2 DIESEL GenooSet
STANDARD EQUIPMENT
CONTROL PANEL
Model 1145 oontrol panel
AC voltmeter, 3 Y2". 2% accuracy
AC ammeter. 3 1h-, 2% accuracy
Combination VWAM selector switch, 4 position
Frequency mat",. 3 y,,', 5S-65 Hz.
Vibration shock mounts (4)
Engine conlrol. KASSEC-12 VOG, with cyclic
cranking timer
4. engine shutdowns with separate failUfelights
* High water temperature
:l< Low oil pressure
* Engine overspeed
:I< Engine overcrank
Engine gauges. 2"
'" Battery voltmeter
*' Water temperature
* Oil pressure
* Running time meter ~ 5 digits
3 position mode switch (auto-off-manual)
ENGINE
Air cleaner
Oil pump
Full flow oil fitter
Jacket water pump
Thermostat
Exhaust manifold - dry
Blower fan & fan drive
Radiator ~ unit mounted
Vibration isolatol's . pad type
Electric starting motor - 12V
o
,.
(904) 288-8463
KATOLIGI r.T'
CORPORA ON
ENGINE (cont.)
Governor - Electric Isochronous
Base ~ fonned steel
Flywheel & Enclosure
Chatging altemator . 12V
Battery box & cables
Flexible fuel & exhaust connectors
EPA Certified Engine
GENERATOR
A.C. Generator
Brushless design
Single bearing
Direct connection with flex plate
Class H insulation
All models manufactured to meet NEMA MG1. 2.4
and CSA standards
Telephone influence factor is well within NEMA
standa"!s
Wave form deviation factor is no more than 5%.
well within NEMA standards
Harmonic content is 3.0% maximum
P9fmanently lubricated ball type beatings
Generator is self~ventilated
Drip-proof construction
VOLTAGE REGULATOR
Voltage adjust rheostat
EMI filter (Intemal Electromagnetic Interference
Underspeed protection
Overexcitation protection
Fully encapsulated
RegUlation ~ 10/0
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Drawing above tor illustration purposes only, based on standard open power 480 votl genera1or. Lengths may vary with o1her.. Ilages.
"
Jan 20 06 12:31p
CJ's Power-Carlos Torres
(904) 288-8463
KATOLIGHT"
CORPORATlOft
ENGINE TECHNICAL DATA
ModeL.
Type:.......
Aspiration: ..........-...........- .....
Cylinder Arrangement: (Number. inline, V, etc.) .....
Displacement.. Cu. In. (Ik) ... .."""........"...""......
Bore - in. (em) x stroke - in. (em)... .............,,,-
Compression Ratio: .....
Rated RPM.."..
Rating
BMEP: psi (kPo) ."......"
Maximum Power at Rated RPM - bhp(kW) w"
INSTALLATION DATA'
Exhaust System
GosTemp. (Stack): "I' ("C)" ""..."...........""
Gas Volume at Stack Temp,: CFM (m'lmin}....
Maximum A1\oWable Back
Pressure: m. H20 (kpa)...
Cooling System
Ambient Capactry of Radiator: "F ("C).__......
Maximum Allowable Static
pressure on Rad Exhaust: in. HzO (kPa).... . . .
w..erPumpCapacity:gpm (lilImln)."....... ".............."..
Heat Re;ectiontO Coolant BTUM (kW)....
Heat Rejection to Alfto Air: BTLJ.A (kW) ......
Heat _Iatod to Ambient BWM (kW).""
Air Requirements
Asp/l'atlng: CFM (m'tmln)".
Air Flow Required tor Rad.
Cooled Unn: CFM (m'tm;n).."..""
Air Flow Required for Heat
Exchanger/Remote Roo.
based on 3Q'=: Rise: CFM (m3/mln)..........
Fuel consumption:
At 100% of Power Rating: gallhr
At 75% 01 power Rating: gatfhr
At 50"/1;1 of Power Rating: gaVhr
Sound Leve) Data .
Sound level at
23 n (7m) opu wi crilical grade mulller (dBA) .h.
23 n (7m) Sound Auenuated Enciosut'e (dBA) " "
60 Hz
." 6068HFZ75
~C)'cle
..Turbocharged - Air to Air
..6-lnline
414(6.6)
"h"".42 (10"6) x 5"0 (12.7)
h'"' 17"0:1
"""" 1800
Standby
""""h.233 (1,611).
hm"h" 220 (164)"" " "'h . "
"h" 990 (532).".""
""h.mh..l.1S5 (32"7)
""h..30 (7.5) """
.."."" 122 (SO).""".."
" "mOU 0.5 (0.12) .""""" "
~'h..46(174)"""""
h,,3,987 (70) ."".~ "
...1,252 (22) "
h3.667 (64"6)h ".
h",",,45(12.6) h' .
h"h 9.147 (259)""h"'
hh'"h.7.370 (209)". .
(IIVhr)'"h'
(UVhr)ou.m'h"
(UVhr)'''''hh""
h. 10.6140.9)ou "
'"h"hh.."8"1 (30.6)."""
"'''h"5"3 (2Q.O)"m.,
FuH Load
"'h".86 OUhh""""'""
"""79 ""h"."""..",,".m'""
No Load
....81.
..74 """h"""""" .
D125F'J4T2 Diesel G n-Set
Prima
"h.,"212 (1,463)
"""" 200 (149)
h""" 966 (519)
h" .1.081 (3M)
""""30 (7,5)
122(50)
""."."0.5 (0.12)
"hh".46 (174)
" ""3,897 (66)
"..",,1.024 (18)
""h,,3,383 (59.4)
,,420 (11.9)
."9,058 (256)
"3,008 (1911)
.""9.6(37"')
".7.3 (27.6)
""4"9(18.4)
Full Load
""".95.""".,,."..".",,
."m78"m."
No Loa
",,""81
.""" "74
Dimensions & Weight
Length: In. (eml"...".".
Width: in. (em) ""... m"OU""'"'''''''"''''''''''"'
Height: In. (em) .,,"..".".h
Weight (dry): lb. (k9) ".". "'"h"......""h""."..""
Uquld Capeclty
Total 011 syslem: gal (Ilt)...".....".......""""".".
Engine Jacket water capacity: gal (m) "h.h'""" .
System coolanl capac;(y: gat (In)....."",,""""."... "
Electrical System
ElecUic votts DC ..
Gold cranldng Amps
under 0"1' 1..17.8"C)..
Fuel System
Fuel Supply Connection Size:... ..n._............... ..3/1
Fuel Retum Connection Size:.... ...3/1
Maximum Fuel Lift: ft (m) -.
Recommer<led Fuel:.""...".".m"
Total Fuel Flow: gaVt1r (Iitlhr).....
Remote Radiator System
Connection sizes:
Jad<etwalEll' radiator inlet in. (em)............................
Jad<:etwater radiator outlet in. (em) ..............
Air to Air Raclator inlet: in (em) ........ ..................
Air to Air RadatorouUet in (em) ...n".
Static head aSlowable
abovs6Tl;1ina: ftHP{kPa)......
"d'"d"" 94 (239)
""'"d""d34 (66)
'"'hUSO.S (128)
"u2,583 (1,172)
'h.8.6 (32.5)
"u....."M(11"3)
u.""7"' (26"9)
"12
"" "".800
.h...DiE
m.26
p.?
-
NPT
NPT
0(3)
~#2
(96)
.CIF
"CIF
"CIF
"CIF
.21 ;2"8)
.lm1l11Lation dill:! b:1.'iOO on ~O volt, fiG HZ. cpplic.;ztion uoo open poWCf U/lil.
. T-or ~oulld level rcadinS5 wllh other encJos.\Ircs,pJetl.~ contnct factory.
Sound lev~1 dam ~l1ired per Teoj Method SAE n074. JnuDllaaioo fnctCKS llnd site coodilion~ t:iln lllfe{:l ~oulld lC"Yck
DeTalion Fll.CIOr: Alljrud~: Dct.:!re: 4% per 1,000 n (305m) obuVe 10,000 n (3JJ50 m)_ Tempemrure; Derate: 0.5'1t per 10'F (55 'C) above 77 'f (25,{;)
Jan 20 06 12:31p
CJJs Power-Carlos Torres
p.8
D125F.J4T2 Diesel Gen-Set
Control Panel
--. NOTE: #4.5 series control panel Is standard on all units,
see page 2 of spec sheet for standard fea.tures.
o Modal #45 Series Control Panel Oplions
o Ernefgency SlOp button
o Alllfm buzzer wilh silencing swttch
o Auxiliary ,e1ay for dry contacts (2 max.)
o A separate low wat9f level fight is optional
o Hooded panel lights (2) and on/off switch
o NEW, 12 Panel Face
o Addttional LED lights (4 max.) One 0' two of
the following conaitlons may be indicated:
o unit not in auto
o low fuel fevel
o tow water level
o low water temp.
o EPS supplying load
o pre-ala.rm oil
o pre-alarm temp.
o chaJ'ger malll.l'1ction
o Model #50 Series Control Panel
STANDARD FEATURE;S: same as #45 series
control panel exc,ept for these added featu'es:
o Hooded panel lights (2) and on/off switch
o 4 Engine shutdowns
o t 2 light engine control package meeting NFPA-
110 ,,,,,,ulrement
o RepetjUye alarm buzzer and silencing switch
o Light and alann press to test
#50 SERIES OPTIONS
o Emergency slop button
o Addrnonal space for one 31/2 meter
o Auxiliary relay for dry contacts (2 max.)
o A separale low water level light is optional
o Additional LE;D lights (4 max.) One to Iou'
additional conditions may be indicated;
customer \0 specify
o NEMA 12 Panel Face
o Model #60 and #80 Setles Custom Control Panels
It may be n~ to use a 60 or 80 series control
paJlel on certain units where numerous options are
re~ired.
o Microprocessor COntrol Panel - KDGC
GEN-SET OPTIONS
Cooling Syslem
o Remote Radiator
o High Ambient Radiator
o Heat Exchanger Cooiing
o Radialor Duct Range
DISTRIBUTED BY:
(904) 288~8463
KATOLIGI 'T"
CORPORA ON
Fuel System
o Fuel Water Seperator
o Day Tank
o Above Ground Fuel Tank
o Auxiliary Fuel Pump
o Sub-Base mounted Fuel Tank
o Single Wall
o Double Wall
o UL Listed
Exhaust System
o Residential Glade Mum",
o C,itical Glade Muffler
o Hospital Grade Mulfler
o Rain Cap
Engine Electrical System
o Battery
o Lead.Acid
o Nicad
o Battery Warmer Plate
o Batte,y Rack
o Battery Cha'll"'
o Automate
o Trickle
o Mounted & Wired
Generator
o Main Line Circuit Breaker
o Shunt trip
o Auxiliary switch
o PMG Excitation & OVR 2000 Regula ,
o Space Heaters 1201240 volt
o Special Testing
o Additional Temperalure Rise Genera Irs
Available (80'C. 106'C, & 130'C)
Addilional Optional equipment
o Serjng vibration isolators
o Oil Drain Extension
o Enclosures
o Sound Anenuated
o Weather Proof
o AlLunlnum
o Interior lights AC or DC
o Floor Plate
o Jacket Water Heater
o Crankcase Oil Heater
o Trailer Mounting
o Remote Annunciator
o 12 Ught Annunciator
o Flush Mounted
o Surface Mounted
o 4 addltionallighls, if needed
o Export Boxing
o Warranties
o 2 Yea,
o 5 Year
o Operating instructions under plexiiJl, is
o Service indicator light
Materials and spo:ifications subject 10 change lithoul notice.
(') Kalolight Corporntion. 100 Power Dri...c:,.Man} 10, MN 56011
Toll Free 800-32.S-54SO
ww' bloligh1_cam
Jan 20 0' 12:32p
CJ)s Power-Carlos Torres
1904J 288-8463
p.9
Cf1Jstal Quiet Enclosu res
Applications Requiring an Attractive Ho 1s;ng
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Katolight's Engine Generator Set
Enclosures are designed to meet a wide
variety of engine generator applications,
many of which require a convenient,
attractive and weather proof design. The
rugged (all steel construction) units safely
house the engine driven equipment and
assure protection of other mechanical and
electrical equipment used with generator
sets.
Acoustic Power & Noise Levels are
reduced by the Crystal Quiet Enclosure.
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Best Weather Proof & Noise Reduction Enclosure Package
DESIGN FEATURES:
Exceeds or complies with UL 2200 (Standard for Stationary Engine Generator
Assembiies). including:
. Rain/Direct Spray 450 Test
. Corrosion Protection
. Safe Shutdown with blocked air inlets
14 gauge hot-rolled commercial grade steel
One piece pitched rool designed to prevent water accumulation
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MEMORANDUM
DATE; 12/5/2005
TO; Bruce St. Denis, Town Manager
FROM: Gerald Wilson, Purchasing Manager
SUBJECT: Recommendation for award of Bid #05-006 Emergency Generators
Issue: At the request of the Public Works Departrnent, bids were solicited for purchasing
three Emergency Generators, for Town Hall, Planning Zoning Building and the Public Works
. The three Emergency Generators are mounted on trailers and may be moved off the Key if
a Hurricane strike is eminent. The bid was advertised in the Sarasota Herald Tribune March
23,2005 and solicited through Demand Star. The bid was broadcast to 291 listed bidders
and 24 firms, downloaded the specifications for possible bidding. This was an on-line bid
and five bids were received through Demand Star. Since this was the first On-line bid, the
Purchasing Department required additional information of all bidders not called for in the
bidding documents. The Total Bid prices ranged from$B2,500.00 to $179,504.00. The bid
submitted for $82,500.00 by Flight Electrical Design Systems failed to supply the necessary
additional information and Tommy Landa from Fight Electrical stated that his supplier was
having second thoughts about supplying the generators specified by the Town. To date no
additional submittal has been provided by Flight Electrical. The Low bid was submitted by C
J's Power System in the amount of $118,217.00.
Analvsis: The lowest responsive bidder meeting required submittals is C J's Power Systems
Recommendation: Award bid #05-006 to C J's Power Systems Sales and Service the are
the lowest Responsive bidder in the amount of $118,217.00.
Action Reauired
Award Bid as recommended
yesL
No
Initials Town Manager BSD
Date 4-04-05
Fundina Available in account # 001.1700.519.6403 in the amount of $44.198.00 &
account # 401.5200.536.6403 in the amount of $74.019.00 for a total of $118.217.00
yesL
No
Finance Director Terry Sullivan
Date 4-04-05
Original Signature On File In Purchasing
TOWN OF LONGBOAT KEY, FLORIDA
REQUEST FOR BID #05-006
]
The Town of Longboat Key, Florida, is accepting sealed BIDS for the
Purchase of Emergency Generators
Bid File # 05-006.
BID SUBMITTAL DEADLINE AND BID OPENING: 2:00 P.M., March 30, 2005
Bids will be accepted electronically until 2;00 p.m. local time on March 30, 2005. A public opening of all
Bids will be held at that time in the Purchasing Division, 501 Bay Isles Road, Longboat Key, FL 34228.
Fax: 941-316-1656. Telephone: 941-316-1943.
Electronic Bidding will be the primary method of Bidding. Paper Bids will be allowed if firm does not have
access to the Internet and Demand Star which is handling the electronic Bidding on the Internet. Bidding
electronically will be done through a secure locked box. Bidder can only view submit there bid and will not
have access to any other bidders submittals. The bidders Bid may be changed at the Bidders discretion until
the due date and time have been reached at which time the Bidder will no longer change or have access to the
electronic bid submittal. The Bid will then be opened by the Town of Longboat Key Purchasing Division
which will have access to view all electronic Bid submittals. Bidders whom are Bidding electronically for
the first time are strongly encouraged to contact demandstar.com at (800) 711-1712 or obtain bidder
assistance by e-mailingquestionstoSupplierServices@onvia.com. Bidders must, within 3 full
working days of after the bid opening, provide original e-bid submittal forms with original
signatures of the firms representative authorized to contract on behalf of the firm. The bid submittal
forms must be addressed to the Town of Longboat Key, Title: E-bid verification of bid 05-006,
Attention: Gerald Wilson, Purchasing Manager, 501 Bay Isles Road, Longboat Key, Fl 33830. For
further information or questions concerning this bid, contact Gerald Wilson, at phone: 941-316-
1943.
Bidders submitting a paper bid document must contact the Town of Longboat Key Purchasing
Division to register for the bid submittal in paper. Bidders shall use the same bid submittal forms
required for electronic e-Bidding. Paper Bids shall be submitted in a sealed envelope, plainly
marked Bid #05-006, Purchase of Emergency Generator and mailed or delivered to the Purchasing
Division, 501 Bay Isles Road, Longboat Key, FL 34228. The E-Bidding verification for paper
bidding will not be necessary.
Competitive sealed Bidding is conducted pursuant to Town Purchasing Ordinance 03-03,
Purchasing Policies, administrative procedures, and any applicable sections of Chapter 287 of
Florida Statutes. The Town of Longboat Key reserves the right to accept or reject any or all Bids, to
waive any informalities or minor irregularities in the Bid process, and to postpone the award of the
Bid for a period of time not to exceed 60 days from the opening date.
Published: Sarasota Herald Tribune 03-23-05
Request for Bid
BID #05-006
Page I
INDEX
Page
Request for Bids
General Instructions
General Specifications
Specific Spedifications
Submitted Bid Forms
1
2-11
12-14
15-36
37-38
Index
BID #05-006
Page 2
'"
GENERAL INSTRUCTIONS
BID #05-006
1. SUBMISSION OF BID
I.] Bid submittal forms must be executed and submitted electronically through
demandstar.com, Bidders must submit the original e-Bid submittal paper copies
within 3 full working days of due date and time, Bidders representative must be
authorized to contract on behalf of the bidder. Paper bid submittal forms not
submitted timely or not submitted are subject to rejection.
1.2 All Bids submitted shall be opened in public by the Purchasing Manager or her designee,
in the presence of a representative from Finance Department at the specified time and
place.
1.3 A Bidder may withdraw a Bid any time prior to the public opening upon delivery of a
written request to the Purchasing Manager.
1.4 Bid must contain a manual signature of authorized representative in space provided. All
corrections made by Bidder to his Bid price must be initialed by same.
1.5 The Town assumes no responsibility for Bids not submitted or received after the
advertised Bid receiving and opening date and time via electronic bidding through
Demandstar, at any office or other location than that specified herein, whether due to mail
delays or other reasons.
].6 All submitted material will be subject to Florida's Public Records Law. Bidder
acknowledges that all information contained within its Bid is part of the public domain,
as defined by State of Florida Sunshine and Public Record Law. No information should
be labeled confidential unless exempted under said law. Pursuant to Florida Statute
I] 9.07 (3)(P), all Bid documents relating to this Bid/request for Bid are exempt from
public record for ten days or until such time as the Town declares intent with regard to
disposition, whichever comes first. Bid tabulations will be furnished upon written
request with an enclosed, stamped, self-addressed envelope. Bid files may be examined
during normal working hours by appointment. Bid tabulations will not be provided by
telephone.
].7 A person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime may not submit a Bid on a contract to provide any
goods or services to a public entity, may not submit a Bid on a contract with a public
entity for the construction or repair of a public building or public work, may not submit
Bids on leases of real property to a public entity, may not be awarded or perform work as
a contractor, supplier, subcontractor, or consultant under a contract with any public
entity, and may not transact business with any public entity in excess of the threshold
amount provided in Section 287.017, for CATEGORY TWO for a period of36 months
from the date of being placed on the convicted vendor list.
1.8 Any person requiring a special accommodation at the Town Hall because of a disability
should call the Purchasing Division at least five working days prior to the Bid opening at
General Specifications
BID #05-006
Page 3
941-316-1943 (voice) or 941-373-7022 (TDD for persons with hearing or speech
disabilities).
2, BID AWARD
2.1 Bids shall be evaluated based on all submitted information and pursuant to the criteria
stated in this paragraph and the Specific Instructions. Town may conduct such
investigations as deemed necessary to assist in the evaluation of any Bid and to establish
the best quality of offered product. The Town reserves the right to reject Bids based
upon insufficient qualifications, as determined by the Town.
2.2 The Town reserves the right to reject any or all Bids in whole or in part, for any reason
whatsoever, and to re-let the Bid at the Town's discretion. The Town reserves the right to
waive and/or accept minor irregularities when, in the sole opinion of the Town, such
waiver or acceptance is deemed to be in the best interest of the Town.
2.3 Only additional terms or conditions necessary for clarification of Bid requirements will
be evaluated or considered. After Bid opening, the Town may request such additional
information as required to award Bid.
2.4 A responsible and responsive Bid will be considered as one which meets or exceeds BID
specifications, including these general instructions., and which is submitted by a Bidder
capable of performing requirements as stated in the Bid documents. General
requirements for a "responsible Bidder": adequate financial resources to perform the
contract; able to provide delivery or performance; satisfactory performance record;
satisfactory record of integrity and business backing; necessary organization, experience,
accounting and operational control; necessary production/construction and technical
facilities; otherwise qualified and eligible to receive award under applicable laws and
regulations. The Bidder's ability to meet these requirements shall be solely the
determination of the Town. An "unresponsive Bidder": if required, fails to attend
mandatory pre-Bid conference or other mandatory meeting required in the documents;
fails to specifically include information required by Specifications; Bid is not signed by
Bidder; Bid does not include information specifically required in the Bid documents; Bid
contains pricing irregularities; otherwise unqualified." Lack ofresponsiveness shall be
solely the determination of the Town.
2.5 Bidder is responsible for accuracy of Bid.
2.6 Award of Bid will be posted in a Notice of Bid Action and will be available for viewing
electronically through Demandstar.com.
2.8 Preference may be given to businesses with drug free workplace programs whenever
identical Bids (price, quality, service) are submitted; Bidder shall certify that the program
complies with the requirements in Section 287.087, Florida Statutes. Information about
the program shall be included with the Bid. At the sole discretion of the Town, payment
terms and other consequential information may be utilized in resolving apparent tie Bids.
3. DISQUALIFICATION OF BIDDERS
Any ofthe following causes, but not limited to, may be considered as sufficient for the
disqualification of a Bidder and the rejection of his Bid:
General Specifications
BID #05-006
Page 4
3.1 Evidence of collusion among Bidders, or previous participation in collusive Bidding on
work for members of the Town;
3.2 Material misrepresentation.
4. INTERPRETATIONS OF DATA
No interpretation of data, will be made to any Bidder, except for what is provided in the
BID documents or by written addendum.
5. OMISSIONS AND ERRORS IN BID DOCUMENTS
5.1 Any questions concerning Bid specifications shall be in writing to the Purchasing
Division and delivered at least 2 days prior to Bid opening. If any questions or responses
require revision to the solicitation as originally published, such revisions will be by
written addendum only. If the solicitation includes a contact person for technical
information, Bidders are cautioned that any oral or written representations made by this
or any person that appear to change materially any portion of the solicitation shall not be
relied upon unless subsequently ratified by a written addendum to this solicitation issued
by the Purchasing Division. For determination as to whether any representation made
requires that an amendment be issued, contact the Purchasing Division.
5.2 The Bidder shall carefully study the Bid documents and from his/her own investigations,
satisfy him/herself as to the nature, location, and route of the work; the character, quality,
and quantity of material; the kind and extent of equipment and other facilities needed for
the full and satisfactory performance of the work; the general and local conditions,
surface and underground obstructions, and all difficulties which may reasonably be
encountered; and all other items which may in any way affect the work or his/her
performance. The Bidder shall promptly report in writing to the Town any error,
inconsistency, conflict, ambiguity, discrepancy, or omissions which Bidder has
discovered in or between the Bid documents and other related documents.
5.3 Ifnecessary, a written addendum will be forwarded to each Bidder on record to clarify
submitted questions about the specifications. A Bidder on record is one who is listed on
the Bid list and has been provided a Request for Bid; if a mandatory Bid conference has
been conducted, only Bidders in attendance shall be considered Bidders on record. c) A
written protest of the specifications shall be filed (faxes accepted) within 72 hours after
the receipt of the specifications, but no later than 10 days prior to the public opening,
Failure to file a notice of protest on the specifications shall constitute a waiver of
proceedings, The protest shall state with particularity the facts and law, if any, upon
which the protest is based.
6. TAXES
Goods and services sold to the Town under this Bid shall be less all federal, state, and
local taxes since the Town has tax-exempt status (Town State Sales and Use Tax
Exemption Certificate Number: 51-06-028319-54C).
7. DELIVERED PRICES
General Specifications
BID #05-006
Page 5
Bid prices shall include all costs for equipment, furnishing commodities or services, in
accordance with specifications including handling and shipping charges and if required,
inside delivery to the Town of Longboat Key, FL 34228
8. INSPECTION, ACCEPTANCE, AND TITLE
Unless otherwise specified in the Bid documents, inspection and acceptance will be at
destination. Title and risk of loss or damage to all items shall be the responsibility of the
contractor until accepted by the participating Town member, unless loss or damage
results from Town's negligence. The contractor shall be responsible for filing,
processing, and collecting all damage claims.
9. SAFETY STANDARDS
It is the intent that all specifications are in full and complete compliance with all Federal
and State ofPlorida laws and regulations that apply to the type and class of equipment
being provided. This includes but is not limited to Federal, MVSS, MVSS and EPA
standards and Florida requirements for external noise control that apply to the type of
equipment being provided. If an apparent conflict exists, the Bidder must contact the
Purchasing Division immediately. All manufactured items, fabricated assemblies, and
the performance of work shall comply with applicable requirements of Occupational
Safety and Health Act and any standards thereunder. In addition, any Federal and State
legislation which should become effective regarding equipment safety shall immediately
become part of this contract. Contractor shall have the option to meet or exceed any such
safety standard or withdraw his Bid.
10. JUDICIAL REVIEW
Except as specifically provided within the Bid documents or contract documents, all
disputes between the parties relating to a contract that follows from this Bid, shall be
decided by a court of competent jurisdiction. Such contract is to be governed by the law
of the State of Florida. In the event of litigation, venue shall be in Sarasota County,
Florida.
11. CONFLICT OF INTEREST
Subject to the provisions of Chapter 112, Florida Statutes, all Bidders must disclose with
their Bid the name of any officer, director, agent, or shareholder who is also an employee
of the Town. All Bidders must disclose the name of any Town employee who owns
directly or indirectly an interest of S% or more in the Bidder's firm or any of its branches.
12. DISCLOSURE - ADVISORY BOARD MEMBER OF TOWN
12.1 Sections 112.313(3) and 112.3 13(7), Florida Statutes, prohibit an advisory board
member of the Town from holding any employment or contractual relationship with any
business entity doing business with the Town. Section 112.313( 12) provides that an
advisory board member will not be in violation of the prohibition if all three of the
following conditions are met. The filing of the disclosure form with the Supervisor of
Elections is the sole responsibility of the Bidder and must be filed prior to or at the time
General Specifications
BID #05-006
Page 6
of submission of the Bid. A copy of the filed disclosure form shall be submitted as part of
the Bid.
12.2 Bid is awarded under a sealed, competitive Bidding to lowest or best Bidder system.
Advisory board member is required to, prior to or at the time of the submissions of the
Bid, file a statement with the Supervisor of Elections, disclosing his interest and the
nature of the intended business. The form is entitled "Form 3A Interest in Competitive
Bid for Public Business," a copy of which is available from the Town's Purchasing
Division.
12.3 Advisory board member, spouse, or child is required to have in no way used or attempted
to use his influence to persuade a member of the Town or any of its personnel to enter
into such a contract other than by the mere submission of the Bid.
12.4 Advisory board member, spouse, or child is required to have in no way participated in the
determination of the Bid specifications or the determination of the lowest or best Bidder.
13. INVOICING AND PAYMENT: The successful Bidder shall submit a properly
certified invoice(s) to the Town at the prices Bid and the quantity delivered. Payment
shall be made after delivery and acceptance of the goods and service, three (3) weeks
after approval of invoice by the appropriate department. The successful Bidder shall
include the Bid number and/or the purchase order number on invoices for purchases
against any contract resulting from this Bid. An original and one (I) copy of the invoice
shall be submitted to the Town, Finance Department, SOl Bay Isles Road, Longboat Key
FL 34228. Failure to follow these instructions may result in delay in processing invoices
for payment. In addition, the purchase order number must appear on bills of lading,
packages, cases, delivery lists and correspondence. No overcharge will be paid. In the
event the successful Bidder submits an invoice with an overcharge, a credit memo must
be submitted. to correct such overcharge. Any applicable discounts that apply will be
taken, even though the allowable time has lapsed due to the time awaiting credit
memorandums.
14. PACKAGING: When containers are required they shall be suitable for storage or
shipment, and all prices should include standard commercial packaging.
IS. MEETS SPECIFICATIONS: It is understood and agreed that any item offered or
shipped as a result of this Bid shall be new (current model at the time of this Bid) unless
otherwise specified in the specifications. The Bidder represents that all equipment
offered under this specification shall meet or exceed the minimum requirements
specified. Bidder shall strictly adhere to delivery specifications.
16. SILENCE OF SPECIFICATIONS: The apparent silence of this specification and any
supplemental specifications to any details or the omission from same of any detailed
description concerning any point shall be regarded as meaning that only the best
commercial practices are to prevail and that only materials of first quality and correct
type, size and design are to be used. All workmanship is to be first quality. All
interpretations of these specifications shall be made upon the basis of this statement.
General Specifications
BID #05-006
Page 7
17. WARRANTY: Unless otherwise specified, the Bidder agrees that the supplies and/or
services furnished under this Bid shall be covered by the most favorable commercial
warranty the Bidder gives to any customer for comparable quantities of such supplies
and/or services, and that the rights and remedies provided herein are in addition to and do
not limit any rights afforded to the Town by any other provision of this Bid.
18. NON-CONFORMANCE TO BID CONDITIONS: Items delivered or services
rendered not conforming to specifications will be returned at vendor's expense. Items not
delivered as per delivery date in Bid and/or purchase order may result in Bidder being
found in default, in which event any and all re-procurement costs may be charged against
the defaulting vendor. Any violation of these stipulations may also result in the
following:
a. All Town departments/divisions being advised not to do business with the
supplier without approval from the Purchasing Division; and
b. Immediate cancellation of Bid.
19. ADDENDUM: Any changes, additions or deletions in the Bidding document, shall be
made in the form of a written addendum, by the Purchasing Manager or his
representative. No other person shall be authorized to make changes verbally or in
writing. If an addendum is issued, the addendum sheet must be signed and faxed to (941)
316-1656.
20. ASSIGNMENT: Any purchase order issued pursuant to this Bid and the monies which
may become due herein are not assignable except with the prior written approval of the
Purchasing Manager.
21. LIABILITY: The supplier shall hold and save the Town, its officers, agents and
employees harmless against claims by third parties resulting from the supplier's breach of
contract or the supplier's negligence.
22. PATENTS AND ROYALTIES: The Bidder, without exception, shall indemnify and
save harmless the Town and its employees from liability of any nature or kind, including
cost and expenses for, or on account of, any copyrighted, patented or non-patented
invention, process or article manufactured or used in the performance of the contract,
including its use by the Town. If the Bidder uses any design, device or material covered
by letters, patent or copyright, it is mutually agreed and understood without exception that
the Bid prices shall include all royalties or cost arising from the use of such design,
device or material in any way involved in the work.
23. TRAINING: Unless otherwise specified, supplier(s) shall be required, at the
convenience of and at no expense to the Town, to provide training to Town employees in
the operation and maintenance of any item(s) purchase from this Bid.
24. GOVERNMENTAL RESTRICTIONS: In the event that any governmental
restrictions may be imposed which would necessitate alteration of the material, quality,
workmanship or performance of the items offered on this Bid prior to delivery, it shall bc
the responsibility of the supplier to notify the Purchasing Division at once. Their letter
shall indicate the specific regulation which required an alteration" The Town reserves the
General Specifications
BID #05-006
Page 8
right to accept any such alteration, including any price adjustments, or to cancel the
contract at no expense to the Town.
25. PRICE DECREASE: Any price decrease executed during the contract period, either by
reason of market change or on the part of the contractor to other customers, shall be
passed on to the Town.
26. FACILITIES: The Town reserves the right to inspect the Bidder's facilities at any time,
with prior notice.
27. BID PROTEST: Any Bidder desiring to file a Bid protest, with respect to a
recommended award of any Bid, shall do so by filing a written protest. The written
protest must be in the possession of the Purchasing Division within five (5) days of the
Notice of Recommended Award. All Bidders who Bid will be sent a Notice of
Recommended Award, unless only one Bid was received.
FAILURE TO FOLLOW THE BID PROTEST PROCEDURE REQUIREMENTS
WITHIN THE TIME FRAMES PRESCRIBED HEREIN AS ESTABLISHED BY THE
TOWN OF LONGBOAT KEY, FLORIDA, SHALL CONSTITUTE A WAIVER OF
YOUR PROTEST AND ANY RESULTING CLAWS.
28. TOXIC SUBSTANCES: Notice to successful vendor(s) to provide to Town toxic
substances (As listed in Chapter 442, Appendix AG@ of the FS) if applicable.
a. Chapter 442 of the FS states that manufacturers, importers or distributors of any
toxic substance shall prepare and provide each direct purchaser of such toxic
substance with Material Safety Data Sheet(s), herein referred to as MSDS, which
to the best of the manufacturer's, importer's or distributor's knowledge, is
current, accurate and complete based on information then reasonably available to
the manufacturer, importer or distributor. The MSDS shall be revised by the
manufacturer, importer or distributor on a timely basis not to exceed three (3)
months after the new or revised information shall become available to the
manufacturer, importer or distributor,
b. Failure to provide the MSDS, when applicable, shall be cause for rejection of
Bid.
29. PLACING OF ORDERS: The award of this Bid does not constitute an order. Before
any shipments can be made or services performed, the successful Bidder must receive
written or oral notification with the purchase order number,
30. INSPECTION, ACCEPTANCE AND TITLE: Inspection and acceptance will be at
the designated facility unless otherwise indicated. Title and risk of loss or damage to all
items shall be the responsibility of the contract supplier until accepted by the Town,
unless loss or damage results from negligence by the Town.
31. CANCELLATION: Annual Bid obligations shall prevail for at least one hundred
eighty (180) days after effective date of the Bid, unless Bid conditions are breached as
specified herein. After that period, for the protection of both parties, this Bid may be
canceled in whole or part by either party by giving thirty (30) days prior notice in writing
to the other party. The Town reserves the right to cancel any Bid after reasonable written
General Specifications
BID #05-006
Page 9
notice to the successful Bidder should the service not be in the best interest of the Town.
Should the service rendered for any Bid cause or threaten endangerment to public safety
or welfare, the Bid may be canceled by the Purchasing Manager immediately.
32. MANUFACTURER'S NAMES AND APPROVED EQUIVALENTS: Any
manufacturer's names, trade names, brand names, infonnation and/or catalog numbers
listed in a specification are for information only and are not intended to limit competition.
The Bidder may offer any brand for which they are an authorized representative, which
meets or exceeds the specification for any item(s). If Bids/proposals are based on
equivalent products, indication should be made on the Bid fonn of the manufacturer's
name and number. Bidders shall submit with their Bid, cuts, sketches, descriptive
literature and/or complete specifications. Reference to literature submitted with a
previous Bid will not satisfY this provision. The Bidder shall also explain in detail the
reason(s) why the proposed equivalent will meet the specification(s) and not be
considered an exception thereto. Bids/proposals which do not comply with these
requirements are subject to rejection. Bids/proposals lacking any written indication of
intent to Bid an alternate brand will be received and considered in complete compliance
with the specifications as listed on the Bid fonn. The Purchasing Division shall be
notified of any proposed changes in the following:
a. materials used;
b. manufacturing process; and
c. construction.
Changes shall not be binding upon the Town unless evidenced by a Change Notice issued
and signed by the Purchasing Manager.
33. SAMPLES: Samples of item(s), when required, must be furnished free of expense and
may, upon request, be returned at the Bidder's expense. Each individual sample must be
labeled with Bidder's name, manufacturer's brand name and number, Bid number and
item reference. Samples of successful Bidder's items may remain on file with Purchasing
for the term of the contract. Request for return of samples shall be accompanied by
instructions which include shipping authorization and name of carrier and must be
received within ninety (90) days after Bid opening date. If instructions are not received
within this time, the samples shall be disposed of by the Purchasing Division.
34. EXTENSION: Annual Bid Extensions The Town reserves the option to extend the
period of Bid award. Extensions of Bid award shall be by mutual agreement, in writing,
not to exceed two (2) years, unless otherwise specified.
35. ANNUAL BID SUMMARY OF TOTAL SALES: At the end of each quarter, the
successful vendor agrees to furnish the Purchasing Division with a summary of sales
made under the contract of annual Bids, including total dollar amount.
36. PRECEDENCE: Any requirement set forth in any section of the Bid documents shall
be binding as if called for by all. If there is a difference in the tenns called out in the
General Instructions and the Special Instructions, the most restricted shall prevail.
37 PLANS AND SPECIFICATIONS: General Instructions, General
Specifications, Specific Specifications, Bid Submittals make up the bid
documents and must be included in the pricing specified by bidders. The
purchase order issued hereby incorporates the bid documents to form the contract.
General Specifications
BID #05-006
Page 10
38. INDEMNIFICATION: The Contractor does hereby indemnify and hold harmless the
Town, its employees, officers, officials, directors, contractors and agents from liabilities,
damages, losses and costs, including but not limited to, reasonable attorneys fees, to the extent
caused by the negligence, recklessness or intentional wrongful misconduct of the Contractor and
persons or entities employed or utilized by the Contractor in the performance of the Work. The
monetary limitation to the extent of this indemnification is 100.000.00. The parties acknowledge
and agree that at the time this Contract was prepared for inclusion in the Bid Documents for the
Work, being prior to the time that Bids were solicited and received, there was no way for the
Town to know the precise amount of the Contract Sum, and the parties hereto expressly
acknowledge and agree that the monetary limitation on the extent of the indemnification provided
herein bears a reasonable commercial relationship to this Contract and the Work to be performed
pursuant to the Contract and the Contract Documents. In any and all claims against the Town its
employees, officers, officials, contractors and agents, by any employee of the Contractor, any
Su bcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts
any of them may be liable, the indemnification obligation under the previous paragraph shall not
be limited in any way as to the amount or type of damages, compensation or benefits payable by
or for the Contractor or any Subcontractor under Workmen's compensation acts, disability benefit
acts, or other employee benefit acts. The Contractor shall and does hereby indemnify and hold
hannless the Town and anyone directly or indirectly employed by it from and against all claims,
suits, demands, damages, losses expenses (including attorney's fees) arising out of any
infringement or patent or copyrights held by others and shall defend all such claims in connection
with any alleged infringement of such rights.
General Specifications
BID #05-006
Page 11
GENERAL SPECIFiCATIONS: MOBILE GENERATOR SETS
Scope of Work
It is the intent of this specification to secure an engine driven generator set that has
been prototype tested, factory built, production tested, and site tested, together with
all accessories as specified herein. All equipment shall be new and of current
production by an international firm which manufactures the generator and controls.
General Requirements
It is the intent of this specification to secure a generator system that has been tested
during design verification, production and at the final job site. The generator set will
be of the lasted commercial design and will be complete with all of the necessary
accessories for complete installation as shown on the plans, drawings, and
specifications herein. The equipment supplied and shall meet the requirements of
the National Electrical Code, EPA, FDEP and all applicable local codes and
regulations. All equipment shall be new and of current production of a national firm
which manufactures the generator and controls, transfer switches, switchgear, and
assembles the generator sets as a complete and coordinated system. There will be
one source responsibility for warranty, parts, and service through a local
representative with factory-trained servicemen.
Submittal
The submittal shall include prototype test certification and specification sheets showing
all standard and optional accessories to be supplied, schematic wiring diagrams,
dimension drawings, and interconnection diagrams identifying by terminal number, each
required interconnection between the generator set and the existing transfer switch"
Codes and Standards
The generator set shall conform to the requirements of the following codes and
standards:
CSA C22.2, No. 14 - M91 Industrial Control Equipment.
EN50082-2, Electromagnetic Compatibility - Generic Immunity Requirements,
Part 2: Industrial.
EN55011, Limits and Methods of Measurement of Radio Interference
Characteristics of Industrial, Scientific and Medical Equipment.
IEC8528 part 4. Control Systems for Generator Sets
IEC Std 801.2, 801.3, and 801.5 for susceptibility, conducted, and radiated
electromagnetic emissions"
IEEE446 - Recommended Practice for Emergency and Standby Power Systems
for Commercial and Industrial Applications
General Specifications
BID #05-006
Page 12
Mil Std 4610 -1993. Military Standard, Electromagnetic Interference
Characteristics.
Mil Std 462D - 1993. Military Standard, Measurement of Electromagnetic
Interference Characteristics.
NFPA70 - National Electrical Code. Equipment shall be suitable for use in
systems in compliance to Article 700, 701, and 702.
NFPA99 - Essential Electrical Systems for Health Care Facilities
NFPA 110 - Emergency and Standby Power Systems. The generator set shall
meet all requirements for Level 1 systems. Level 1 prototype tests required by
this standard shall have been performed on a cDmplete and functional unit,
component level type tests will not substitute for this requirement.
UL2200. The genset shall be listed to UL2200 Dr submit to an independent third
party certification process to verify compliance as installed
Testing
To assure that the equipment has been designed and built to the highest reliability
and quality standards, the manufacturer and/or local representative shall be
responsible for three separate tests: design prototype tests, final production tests,
and site tests.
Design Prototype Tests: Components of the emergency system such as the
engine/generator set, transfer switch, and accessories shall not be subjected to
prototype tests since the tests are potentially damaging. Rather, similar design
prototypes and pre-production models, which will not be sold, shall have been
used for the following tests.
Maximum power (kW).
Maximum motor starting (kVA) at 35% instantaneous voltage dip.
Alternator temperature rise by embedded thermDcouple andlor by resistance
method per NEMA MG1-22.40 and 16.40.
Governor speed regulation under steady state and transient conditions.
Voltage regulation and generator transient response.
Fuel consumption at 1/4, 1/2, 3/4, and full load.
Harmonic analysis, voltage waveform deviation, and telephone influence
factor.
Three-phase short circuit tests.
Alternator cooling air flow.
General Specifications
BID #05-006
Page 13
Torsional analysis to verify that the generator set is free of harmful torsional
stresses.
Endurance testing"
Production Tests
Final Production Tests: Each generator set shall be tested under varying loads
with guards and exhaust system in place. Tests shall include:
Single-step load pickup.
Transient and steady-state governing.
Safety shutdown device testing.
Voltage regulation.
Rated Power @ 0.8 PF
Maximum Power.
Upon request, arrangements to either witness this test will be made, or a certified
test record will be sent prior to shipment.
Site Tests
Site Tests: An installation check, start-up, and pump station load test shall be
performed by the manufacturer's local representative at one site. The Towns,
regular operators, and the maintenance staff shall be notified of the time and
date of the site test. The tests shall include:
Fuel, lubricating oil, and antifreeze shall be checked for conformity to the
manufacturer's recommendations, under the environmental conditions present
and expected.
Accessories that normally function while the set is standing by shall be checked
prior to cranking the engine. These shall include block heaters, battery charger,
remote wireless monitoring system, etc.
Start-up under test mode to check for exhaust leaks, vibration during running,
normal and emergency line-to-Iine voltage and frequency, and phase rotation"
Warranty & Maintenance
General Specifications
BID #05-006
Page 14
A one year warranty for the generator set shall be included to guarantee against
defective material and workmanship in accordance with the manufacturers published
warranty from date of start-up. Optional warranties shall be available upon request.
The generator set manufacturer and its distributor shall maintain a 24-hour parts and
service organization. This organization shall be regularly engaged in a maintenance
contract program to perform preventive maintenance and service on equipment
similar to that specified. A service agreement shall be available and shall include
system operation under simulated operating conditions, adjustment to the generator,
transfer switch, and switchgear controls as required, and certification in the owner's
maintenance log of repairs made and proper functioning of all systems.
General Specifications
BID #05-006
Page 15
SPECIFIC SPECIFICATIONS
1. Equipment 1 EA - 180 KW OUTPUT
The generator set is based ona Kohler model 180KRB with a 4S15 generator. It
shall provide 180 kW, 225 kVA when operating at 120/240 volts, three phase, .8
power factor or an equal output rating plus equal accessories. Accepted equals only
by Cummins/Onan or Caterpillar. The generator set shall be capable of this rating
while operating in an ambient condition of 77'F (25'C) and 5000 feet above sea
level.
The generator set shall be capable of peak motor starting loads of 195 kV A inrush,
with a maximum instantaneous voltage dip of 15%.
Vibration isolators shall be provided between the engine-generator and heavy-duty
steel base
2. Engine
The 414 cubic-inch-displacement engine shall deliver a minimum of 250 hp at a
governed speed of 1800 rpm. The engine shall be equipped with the following:
A mechanical governor providing reliable frequency regulation.
24 Volt positive engagement solenoid shift-starting motor.
55-Ampere minimum automatic battery charging alternator with solid-state
voltage regulation.
Positive displacement, full pressure lubrication oil pump, cartridge oil filters,
dipstick, and oil drain.
Dry-type replaceable air cleaner elements for heavy-duty applications.
Engine-driven or electric fuel transfer pump capable of lifting fuel 3 feet, fuel
filters, and electric solenoid fuel shut-off valve.
The turbocharged engine shall be fueled with NO.2 diesel
The engine shall have a minimum of 5 cylinders, and be liquid-cooled by a unit-
mounted radiator, blower fan, water pump, and thermostats. This radiator shall
properly cool the engine at full load with up to 0.5 inches H20 static pressure on the
fan in an ambient temperature up to 122F/50C. The radiator shall be equipped with
a low water level alarm/shutdown wired to the generator control panel.
The engine shall be EPA certified to conform to Tier 2 non-road emissions
regulations.
3. Generator
Specific Specifications
BID #05-006
Page 16
The alternator shall be salient-pole, brushless, 12-lead reconnectable, self-ventilated
of drip-proof construction with amortisseur rotor windings and skewed stator for
smooth voltage waveform. The insulation shall meet the NEMA standard (MG1-
22.40 and 16.40) for Class H and be insulated with epoxy varnish to be fungus
resistant per MIL 1-24092. Temperature rise of the rotor and stator shall be limited
to 130'C. The excitation system shall be of brushless construction controlled by a
solid- state voltage regulator capable of maintaining voltage within +1- 2% at any
CDnstant load from 0% to 100% of rating. The regulator must be isolated to prevent
tracking when connected to SCR loads, and provide individual adjustments for
voltage range, stability and volts-per-hertz operations; and be protected from the
environment by conformal coating.
The generator set shall meet the transient performance requirements of ISO 8528-5,
level G-2.
The alternator excitation shall be of a permanent magnet exciter design.
The generator shall be inherently capable of sustaining at least 250% of rated
current for at least 10 seconds under a 3-phase symmetrical short circuit without the
addition of separate current support devices.
The generator, having a single maintenance-free bearing, shall be directly connected
to the flywheel housing with a semi-flexible coupling between the rotor and the
flywheel.
4. Controller
Set-mounted controller capable of facing right, left, or rear, shall be vibration isolated
on the generator enclosure. The controller shall be capable of being remote-mounted.
The microprocessor control board shall be moisture proof and capable of operation
from -40oC to 850C. Relays will only be acceptable in high-current circuits.
Circuitry shall be of plug-in design for quick replacement. Controller shall be equipped
to accept a plug-in device capable of allowing maintenance personnel to test controller
performance without operating the engine. The controller shall include the following
features:
Fused DC circuit.
Complete 2-wire start/stop control, which shall operate on closure of a remote
contact.
Speed sensing and a second independent starter motor disengagement systems
shall protect against starter engagement with a moving flywheel. Battery charging
alternator voltage will not be acceptable for this purpose.
The starting system shall be designed for restarting in the event of a false engine
start, by permitting the engine to completely stop and then re-engage the starter.
Specific Specifications
BID #05-006
Page 17
Cranking cycler with 15-second ON and OFF cranking periods.
Overcrank protection designed to open the cranking circuit after 75 seconds if the
engine fails to start.
Circuitry to shut down the engine when signal for high coolant temperature, low oil
pressure, or overspeed is received.
Engine cooldown timer factory set at 5 minutes to permit unloaded running of the
standby set after transfer of the load to normaL
3-position (Automatic-OFF-TEST) selector switch. In the TEST position, the
engine shall start and run regardless of the position of the remote starting contacts.
In the Automatic position, the engine shan start when contacts in the remote
control circuit close and stop 5 minutes after those contacts open. In the OFF
position, the engine shall not start even though the remote start contacts close.
This position shall also provide for immediate shutdown in case of an emergency"
Reset of any fault shall also be accomplished by putting the switch to the OFF
position.
Alarm horn with silencer switch per NFPA 110.
Standard indicating lights to signal the following shall be included:
Not-in-Auto (flashing red)
Overcrank (red)
Emergency Stop (red)
High Engine Temperature (red)
Overspeed (red)
Low Oil Pressure (red)
Battery Charger Malfunction (red)
Low Battery Voltage (red)
Low Fuel (red)
Auxiliary Prealarm (yellow)
Auxiliary Fault (red)
System Ready (green)
Test button for indicating lights.
Terminals shall be provided for each indicating light above, plus additional terminals
for common fault and common prealarm.
5" Instrument Panel
The instrument panel shall include the following:
Dual range voltmeter 3 1I2-inch, +/- 2% accuracy
Dual range ammeter 3 1/2-inch, +/- 2% accuracy.
Specific Specifications
BID #05-006
Page 18
Voltmeter-ammeter phase selector switch.
Lights to indicate high or low meter scale.
Direct reading pointer-type frequency meter 3 1/2-inch, 0.5% accuracy, 45 to 65 Hz
scale.
Panel-illuminating lights.
Battery charging voltmeter.
Coolant temperature gauge.
Oil pressure gauge.
Running-time meter.
Voltage-adjust rheostat
6. Accessories
Provide three generator mounted circuit breakers as listed in the Electrical Power
Panel Specifications.
Engine block heater. Thermostatically controlled and sized to maintain
manufacturers recommended engine coolant temperature to meet the start,up
requirements of NFPA-99 and NFPA-110, Level 1 to include 50 feet so cord and plug
so unit may be plugged into shore power when unit is not being used.
Sound housings shall be as follows:
All enclosures are to be constructed from G60 galvanized high strength, low alloy
steel
The enclosure shall be primed with BASF urethane and finish coated with BASF
Superl System paint. EnclDsures will be finished in the manufacturer's standard
color.
The enclosures must allow the generator set to operate at full load in an ambient
of 40.C with no additional derating of the electrical output.
The enclosures must meet all of the requirements of UL-2200.
Enclosures must be equipped with sufficient side and end doors to allow access
for operation, inspection, and service of the unit and all options. Minimum
requirements are two doors per side. When the generator set controller faces the
rear of the generator set, an additional rear facing door is required. Access to the
controller and main line circuit breaker must meet the requirements of the
National Electric Code.
Doors must be hinged with stainless steel hinges and hardware and be
removable.
Doors must be equipped with lockable latches. Locks must be keyed alike.
Enclosures must be mounted to the generator set skid.
The enclosure roof must be pitched to prevent accumulation of water
Specific Specifications
BID #05-006
Page 19
A duct between the radiator and air outlet must be provided to prevent re-
circulation of hot air.
The complete exhaust system shall be internal to the enclosure. Enclosures with
roof mounted or externally exposed silencers are not acceptable.
The silencer shall be an insulated critical silencer with a tailpipe and rain cap
All acoustical foam must be fixed to the mounting surface with pressure sensitive
adhesive. In addition, all acoustical foam mounted a horizontal plane must be
mechanically fastened. The acoustical foam must have a protective film facing to
act as a barrier for liquids
The enclosures must include an exhaust scoop tD direct the cooling air in a
vertical direction
The maximum average sound level shall not exceed 66 dB(A) at 7 meters (23
feet),
Battery rack, and battery cables, capable of holding the manufacturer's recommended
batteries, shall be supplied,
24-volt lead-antimony batteries capable of delivering the manufacturer's recommended
minimum coid-cranking Amps required at OOF, per SAE Standard J-537, shall be
supplied.
6-Ampere automatic float and equalize battery charger with +/- 1 % constant voltage
regulation from no load to full load over +/-10% AC input line variation, current limited
during engine cranking and short circuit conditions, temperature compensated for
ambient temperatures from -40oC to +60oC, 5% accurate voltmeter and ammeter,
fused, reverse polarity and transient protected. Provide 50 feet of so cord and plug so
unit may be plugged to shore line when not in use.
Gas-proof, seamless, stainless steel, flexible exhaust bellows with threaded NPT
connection.
Flexible fuel lines rated 3000F and 100 psi ending in pipe thread,
Run Relay to provide a three-pole, double-throw relay with 10 amps at 250 VAC
contacts for indicating that the generator is running.
7. Trailer and Fuei Tank
Trailer features:
2 5/16 in. ball hitch
Leveling jack, 2268 kg (7500 lb.) rated
Lockable housing doors
Running lights with 6 pole wire harness and 6-pin connector
Electric brake system
Internal fuel tank with low fuel indicator, 1325 L (350 gal.)
Accessories:
Specific Specifications
BID #05-006
Page 20
DC lights (3) with 0-60 minute no-Iock-on-timer
Fire extinguisher, 10 lb.
Four-way wheel wrench
Install customer decals
Jack kit
Spare tire
Tool box and tool kit
Utility box
T '1 M
dG
S 'fi
ral er- ounte enerator Set SpeCl lcatlOns
Model Trailer Trailer Trailer 3ross Fuel Tank
Length' Width" Height Neight'" L (gaL)
mm (in.) mrn (in.) rnm (in.) kg (lb.)
180kW 5588 2438 3251 4263
(128) (9400) 1325 (350)
(220) (96.00)
. Length includes trailer tongue, .. Width includes trailer fenders.
... Gross weight includes trailer, generator set, sound housing, and fuel tank with no fuel.
Voltage Selector Switch
3-Position Voltage Reconnection Switch
Model 120 Volt 120Volt Load Lug Circuit Duplex Remote
Load Lug Breakers, Amp Available
~onnections Selector Receptacle
Duplex Reverse pty., 240 V 480 V Switch for Battery Start
Receptacle- Twistlock -- Min./Max. Voltages, Charger
Oty., Amp Oty. 3 Ph 3 Ph 60 Hz and Block :;apability
Amp Heater
600 300 480 Yes Yes
180 kW 1 (20) 1 (20) (2) #6-350 MCM Volt,3phase
120/240 Volt
3 Phase
Electrical Power Panel Specifications
- - Functional in only single-phase voltage selection.
- Functional in only low delta and single-phase voltage selections"
G
s s
T
enerator et ipecl IcatlOns
130'C Standby Rating
Model Alternator 120/240 Volt, 3-Phase 480 Volt, 3-Phase
Model
I Amps I kW/kVA Amps kW/kVA
I I
--~_.
Specific Specifications
BID #05-006
Page 21
180kW 4S15 r "~~~-J ---I-uS41 _I 180/225 r=- 271 -~0/22~
...-
-
Generator Fuel Lph (gph) Sound LeVel
Set Model Engine Consumotion dB(A)
25% Load 50% Load 75% Load 100% Load with Full
Load at
21 ft. (7 rn)
.,---- - ""- ---~
180 John Deere 6081A 15.8(4.2) 25.9(6.8) 37.8(10.0) 49.8(13.2) 66
REOZJB
--~.._---- -~_._"._--_.-_. _ ~.w_ -----.------- -~ --
Electrical Power Panel
Circuit breaker 20 A, 1-pole for block heater and battery charger
Circuit breaker 15 A, 1-pole for duplex receptacle
GFI duplex receptacle 120 V, 15 A
Worklight timer
Remote start connections
Twistlock receptacle
GFI duplex receptacle 120 V, 20 A for block heater and
battery charger (opposite side)
Load lug assembly
Circuit breakers (main disconnect)
VDltage indicator lamp(s)
Electrical Power Cord
Supply 50 feet of weather-protective portable power cable, Type Ground, EP insulation,
Neoprene Jacket, 90 degree C rated for 625 amp
END SECTION GENERATOR SET
Specific Specifications
BID #05-006
Page 22
1. Equipment - 1 EA 125 ~ OUTPUT
The generator set is based on a Kohler model 125reozbj with a 4813 generator. It
shall provide 125 kW, 156 kVA when operating at 120/208 volts, three phase, .8
power factor or an equal output rating plus equal accessories. Accepted equals only
by Cummins/Onan or Caterpillar. The generator set shall be capable of this rating
while operating in an ambient condition of nOF (250C) and 5000 feet above sea
level.
The generator set shall be capable of peak motor starting loads of 195 kVA inrush,
with a maximum instantaneous voltage dip of 15%.
Vibration isolators shall be provided between the engine-generator and heavy-duty
steel base
2. Engine
The 414 cubic-inch-displacement engine shall deliver a minimum of 250 hp at a
governed speed of 1800 rpm. The engine shall be equipped with the following:
A mechanical governor providing reliable frequency regulation.
24 Volt positive engagement solenoid shift-starting motor.
55-Ampere minimum automatic battery charging alternator with .solid-state
voltage regulatiDn.
Positive displacement, full pressure lubrication oil pump, cartridge oil filters,
dipstick, and oil drain.
Dry-type replaceable air cleaner elements for heavy-duty appiications.
Engine-driven or electric fuel transfer pump capable of lifting fuel 3 feet, fuel
filters, and electric solenoid fuel shut-off valve.
The turbocharged engine shall be fueled with NO.2 diesel
The engine shall have a minimum of 5 cylinders, and be liquid-cooled by a unit-
mounted radiator, blower fan, water pump, and thermostats. This radiator shall
properly cool the engine at full load with up to 0.5 inches H20 static pressure on the
fan in an ambient temperature up to 122F/50C. The radiator shall be equipped with
a low water level alarmlshutdown wired to the generator control panel.
The engine shall be EPA certified to conform to Tier 2 non-road emissions
regulations.
3. Generator
Specific Specifications
BID #05-006
Page 23
The alternator shall be salient-pole, brushless, 12-lead reconnectable, self-ventilated
of drip-proof construction with amortisseur rotor windings and skewed stator for
smooth voltage waveform. The insulation shall meet the NEMA standard (MG1-
22.40 and 16.40) for Class H and be insulated with epoxy varnish to be fungus
resistant per MIL 1-24092. Temperature rise of the rotor and stator shall be limited
to 130"C. The excitation system shall be of brushless construction controlled by a
solid- state voltage regulator capable of maintaining voltage within +/- 2% at any
constant load from 0% to 100% of rating. The regulator must be isolated to prevent
tracking when connected to SCR loads, and provide individual adjustments for
voltage range, stability and volts-per-hertz operations; and be protected from the
environment by conformal coating.
The generator set shall meet the transient performance requirements of ISO 8528-5,
level G-2.
The alternator excitation shall be of a permanent magnet exciter design.
The generator shall be inherently capable of sustaining at least 250% of rated
current for at least 10 seconds under a 3-phase symmetrical short circuit without the
addition of separate current support devices.
The generator, having a single maintenance-free bearing, shall be directly connected
to the flywheel housing with a semi-flexible coupling between the rotor and the
flywheel.
4. Controller
Set-mounted controller capable of facing right, left, or rear, shall be vibration isolated
on the generator enclosure. The controller shall be capable of being remote-mounted.
The microprocessor control board shall be moisture proof and capable of operation
from -40oC to 850C. Relays will only be acceptable in high-current circuits.
Circuitry shall be of plug-in design for quick replacement. Controller shall be equipped
to accept a plug-in device capable ofallowing maintenance personnel to test controller
performance without operating the engine. The controller shall include the following
features:
Fused DC circuit.
Complete 2-wire start/stop control, which shall operate on closure of a remote
contact.
Speed sensing and a second independent starter motor disengagement systems
shall protect against starter engagement with a moving flywheel. Battery charging
alternator voltage will not be acceptable for this purpose"
The starting system shall be designed for restarting in the event of a false engine
start, by permitting the engine to completely stop and then re-engage the starter.
Cranking cycler with 15-second ON and OFF cranking periods.
Specific Specifications
BID #05-006
Page 24
Overcrank protection designed to open the cranking circuit after 75 seconds if the
engine fails to start.
Circuitry to shut down the engine when signal for high coolant temperature, low oil
pressure, or overspeed is received.
Engine cooldown timer factory set at 5 minutes to permit unloaded running of the
standby set after transfer of the load to normal.
3-position (Automatic-OFF-TEST) selector switch. In the TEST position, the
engine shall start and run regardless of the position of the remote starting contacts.
In the Automatic position, the engine shall start when contacts in the remote
control circuit close and stop 5 minutes after those contacts open. In the OFF
position, the engine shall not start even though the remote start contacts close.
This position shall also provide for immediate shutdown in case of an emergency.
Reset of any fault shall also be accomplished by putting the switch to the OFF
position.
Alarm horn with silencer switch per NFPA 110.
Standard indicating lights to signal the following shall be included:
Not-in-Auto (flashing red)
Overcrank (red)
Emergency Stop (red)
High Engine Temperature (red)
Overspeed (red)
Low Oil Pressure (red)
Battery Charger Malfunction (red)
Low Battery Voltage (red)
Low Fuel (red)
Auxiliary Prealarm (yellow)
Auxiliary Fault (red)
System Ready (green)
Test button for indicating lights.
Temninals shall be provided for each indicating light above, plus additional terminals
for common fault and common prealarm.
5. Instrument Panel
The instrument panel shall include the following;
Dual range voltmeter 3 1/2-inch, +/- 2% accuracy
Dual range ammeter 3 1/2-inch, +/- 2% accuracy.
Voltmeter-ammeter phase selector switch.
Specific Specifications
BID #05-006
Page 25
Lights to indicate high or low meter scale.
Direct reading pointer-type frequency meter 3 1/2-inch, 0.5% accuracy, 45 to 65 Hz
scale.
Panel-illuminating lights.
Battery charging voltmeteL
Coolant temperature gauge.
Oil pressure gauge.
Running-time meter.
Voltage-adjust rheostat
6. Accessories
Provide three generator mounted circuit breakers as listed in the Electrical Power
Panel Specifications.
Engine block heateL ThermDstatically controlled and sized to maintain
manufacturers recommended engine coolant temperature to meet the start-up
requirements of NFPA-99 and NFPA-11 0, Level 1 to include 50 feet so cord and plug
so unit may be plugged into shore power when unit is not being used.
Sound housings shall be as follows:
All enclosures are to be constructed from G60 galvanized high strength, low alloy
steel
The enclosure shall be primed with BASF urethane and finish coated with BASF
Superl System paint. Enclosureswill be finished in the manufacturer's standard
coloL
The enclosures must allow the generator set to operate at full load in an ambient
of 40'C with no additional derating of the electrical output.
The enclosures must meet all of the requirements of UL-2200.
Enclosures must be equipped with sufficient side and end doors to allow access
for operation, inspection, and service of the unit and all options. Minimum
requirements are two doors per side. When the generator set controller faces the
rear of the generator set, an additional rear facing door is required. Access to the
controller and main line circuit breaker must meet the requirements of the
National Electric Code"
Doors must be hinged with stainless steel hinges and hardware and be
removable.
Doors must be equipped with lockable latches. Locks must be keyed alike.
Enclosures must be mounted to the generator set skid.
The enclosure roof must be pitched to prevent accumulation of water
Specific Specifications
BID #05-006
Page 26
A duct between the radiator and air outlet must be provided to prevent re-
circulation of hot air.
The complete exhaust system shall be internal to the enclosure. Enclosures with
roof mounted or externally exposed silencers are not acceptable.
The silencer shall be an insulated critical silencer with a tailpipe and rain cap
All acoustical foam must be fixed to the mounting surface with pressure sensitive
adhesive. In addition, all acoustical foam mounted a horizontal plane must be
mechanically fastened. The acoustical foam must have a protective film facing to
act as a barrier for liquids
The enclosures must include an exhaust scoop to direct the cooling air in a
vertical direction
The maximum average sound level shall not exceed 66 dB(A) at 7 meters (23
feet).
Battery rack, and battery cables, capable of holding the manufacturers recommended
batteries, shall be supplied.
24-volt lead-antimony batteries capable of delivering the manufacturer's recommended
minimum cold-cranking Amps required at OOF, per SAE Standard J-537, shall be
supplied.
6-Ampere automatic float and equalize battery charger with +/- 1 % constant voltage
regulation from no load to full load over +/-10% AG input line variation, current limited
during engine cranking and short circuit conditions, temperature compensated for
ambient temperatures from -40oC to +60oG, 5% accurate voltmeter and ammeter,
fused, reverse polarity and transient protected. Provide 50 feet of so cord and plug so
unit may be plugged to shore line when not in use.
Gas-proof, seamless, stainless steel, flexible exhaust bellows with threaded NPT
connection.
Flexible fuel lines rated 3000F and 100 psi ending in pipe thread.
Run Reiay to provide a three-pole, double-throw relay with 10 amps at 250 VAG
contacts for indicating that the generator is running.
7. Trailer and Fuel Tank
Trailer features:
2 5/16 in. ball hitch
Leveling jack,2268 kg (7500 lb.) rated
Lockable housing doors
Running lights with 6 pole wire harness and 6-pin connector
Electric brake system
Internal fuel tank with low fuel indicator, 1325 L (350 gal.)
Accessories:
Specific Specifications
BID #05-006
Page 27
DC lights (3) with 0-60 rninute no-Iock-on-timer
Fire extinguisher, 10 lb.
Four-way wheel wrench
Install custorner decals
Jack kit
Spare tire
Tool box and tool kit
Utility box
Trailer-Mounted Generator Set S ecifications
Model Trailer Trailer Trailer ross
Length* Width** Height eight***
rnm (in.) mrn (in.) mm (in.) kg (lb.)
180kW 5588 2438 3251 4263
(9400)
(220) (96.00) (128)
Fuel Tank
L (gaL)
1325 (350)
* Length includes trailer tongue. ** Width includes trailer fenders.
... Gross weight includes trailer, generator set, sound housing, and fuel tank with no fuel.
Voltage Selector Switch
3-Position Voltage Reconnection Switch
~- --
Model 120 Volt 120 Volt Load Lug Circuit
Load Lug Breakers, Amp Available Duplex Re
Connections Selector Receptacle
Duplex Reverse Qty., --~"~ 240 V 480 V Switch
for Battery St
Receptacle' Twistlock .. Min./Max. Voltages, Charger
Oty., Amp Oty. 3 Ph 3 Ph 60 Hz and Block Capa
Amp Heater
~ Yes Yes
600 300 480
180 kW 1 (20) 1 (20) (2) #6-350 MCM Volt,3phase
120/240 Volt
""-~ 3 Phase _~
Electrical Power Panel Specifications
~:~eul
art I
i
bility I
--I
I
.. Functional in only single-phase voltage selection.
· Functional in only low delta and single-phase voltage selections"
Generator Set S ecifications
u "
Model
Alternator
Model
~~-~ ~ ~---E -
--- -
1300C Standby Rating
120/240 Volt, 3~Phase
u~=t-~"
~mps kW/kVA
~----~=~-_.- =--~==---==-~
--~-~-- ~ ---J
. ~ 4~~~:lt,3p~;:VAj
__.__-'- i
Specific Specifications
BID #05-006
Page 28
1 BOkW 4S15 T r I 541 I 180/225 I 271 1180/22 S
Generator Fuel Lph (gph) Sound LeVel
dB(A)
Set lAodel Engine Consumntion with Full
25% Load 50% Load 75% Load 100% Load Load at
21 ft. (7 rn)
180 John Deere 6081A 15.8(4.2) 25.9(6.8) 37.8(10.0) 49.8(13.2) 66
R EDZJB
Electrical Power Panel
Circuit breaker 20 A, 1-pole for block heater and battery charger
Circuit breaker 15 A, 1-pole for duplex receptacle
GFI duplex receptacle 120 V, 15 A
Worklight timer
Remote start connections
Twistlock receptacle
GFI duplex receptacle 120 V, 20 A for block heater and
battery charger (opposite side)
Load lug assembly
Circuit breakers (main disconnect)
Voltage indicator lamp(s)
Electrical Power Cord
Supply 50 feet of weather-protective portable power cable, Type Ground, EP insulation,
Neoprene Jacket, 90 degree C rated for 625 amp
END SECTION GENERATOR SET
Specific Specifications
BID #05-006
Page 29
BIDDER:
1. Equipment - 1 EA - 60KW OUTPUT
The generator set is based on a Kohler model60KRB with a 4P10 generator. It shall
provide 62 kW, 77.5 kVA when operating at 120/240 volts, 3 phase, .8 power factor
or an equal output rating plus equal accessories. Accepted equals only by
Cummins/Onan or Caterpillar. The generator set shall be capable of this rating while
operating in an ambient condition of 77'F (25'C) and 5000 feet above sea level.
The generator set shall be capable of starting motor loads of 92.5 kV A inrush, with a
maximum instantaneous voltage dip of 15%.
Vibration isolators shall be provided between the engine-generator and heavy-duty
steel base
2. Engine
The 276 cubic-inch-displacement engine shall deliver a minimum of 99 hp at a
governed speed of 1800 rpm. The engine shall be equipped with the following:
A mechanical governor with reliable frequency regulation.
24 Volt positive engagement solenoid shift-starting motor.
55-Ampere minimum automatic battery charging alternator with solid-state
voltage regulation.
Positive displacement, full pressure lubrication oil pump, cartridge oil filters,
dipstick, and oil drain.
Dry-type replaceable air cleaner elements for heavy-duty applications.
Engine-driven or electric fuel transfer pump capable of lifting fuel 3 feet, fuel
filters, and electric solenoid fuel shut-off valve.
The turbocharged engine shall be fueled with NO.2 diesel
The engine shall have a minimum of 4 cylinders, and be liquid-cooled by a unit-
mounted radiator, blower fan, water pump, and thermostats. This radiator shall
properly cool the engine at full load with up to 0.5 inches H20 static pressure on the
fan in an ambient temperature up to 122F/50C. The radiator shall be equipped with
a low water level alarm/shutdown wired to the generator control panel.
The engine shall be EPA certified to conform to Tier 2 non-road emissions
regulations.
3" Generator
The alternator shall be salient-pole, brushless, 12-lead reconnectable, self-ventilated
of drip-proof construction with amortisseur rotor windings and skewed stator for
SPECIFIC SPECIFICATIONS
Bid #05-006 Page 30
BIDDER:
smooth voltage waveform. The insulation shall meet the NEMA standard (MG1-
22.40 and 16.40) for Class H and be insulated with epoxy varnish to be fungus
resistant per MIL 1-24092. Temperature rise of the rotor and stator shall be limited
to 130'C. The excitation system shall be of brushless construction controlled by a
solid- state voltage regulator capable of maintaining voltage within +/- 2% at any
constant load from 0% to 100% of rating. The regulator must be isolated to prevent
tracking when connected to SCR loads, and provide individual adjustments for
voltage range, stability and volts-per-hertz operations; and be protected from the
environment by conformal coating.
The generator set shall meet the transient performance requirements of ISO 8528-5,
level G-2.
The alternator excitation shall be of a permanent magnet exciter design.
The generator shall be inherently capable of sustaining at least 250% of rated
current for at least 10 seconds under a 3-phase symmetrical short circuit without the
addition of separate current support devices.
The generator, having a single maintenance-free bearing, shall be directly cDnnected
to the flywheel housing with a semi-flexible coupling between the rotor and the
flywheel.
4. Controller
Set-mounted controller capable of facing right, left, or rear, shall be vibration isolated
on the generator enclosure. The controller shall be capable of being remote-mounted.
The microprocessor control board shall be moisture proof and capable of operation
from -40oC to 850C. Relays will only be acceptable in high-current circuits.
Circuitry shall be of plug-in design for quick replacement. Controller shall be equipped
to accept a plug-in device capable of allowing maintenance personnel to test controller
performance without operating the engine. The controller shall include the following
features:
Fused DC circuit.
Complete 2-wire start/stop control, which shall operate on closure Df a remote
contact.
Speed sensing and a second independent starter motor disengagement systems
shall protect against starter engagement with a moving flywheel. Battery charging
alternator voltage will not be acceptable for this purpose.
The starting system shall be designed for restarting in the event of a false engine
start, by permitting the engine to completely stop and then re-engage the starter.
Cranking cycler with 15-second ON and OFF cranking periods.
SPECIFIC SPECIFICATIONS
Bid #05-006 Page 31
BIDDER:
Overcrank protection designed to open the cranking circuit after 75 seconds if the
engine fails to start.
Circuitry to shut down the engine when signal for high coolant temperature, low oil
pressure, or overspeed is received.
Engine cooldown timer factory set at 5 minutes to permit unloaded running of the
standby set after transfer of the load to normal.
3-position (Automatic-OFF-TEST) selector switch. In the TEST position, the
engine shall start and run regardless of the position of the remote starting contacts.
In the Automatic position, the engine shall start when contacts in the remote
control circuit close and stop 5 minutes after those contacts open. In the OFF
position, the engine shall not start even though the remote start contacts close.
This position shall also provide for immediate shutdown in case of an emergency.
Reset of any fault shall also be accomplished by putting the switch to the OFF
position.
Alarm horn with silencer switch per NFPA 110.
Standard indicating lights to signal the following shall be included:
Not-In-Auto (flashing red)
Overcrank (red)
Emergency Stop (red)
High Engine Temperature (red)
Overspeed (red)
Low Oil Pressure (red)
Battery Charger Malfunction (red)
Low Battery Voltage (red)
Low Fuel (red)
Auxiliary Prealarm (yellow)
Auxiliary Fault (red)
System Ready (green)
Test button for indicating lights.
Terminals shall be provided for each indicating light above, plus additional terminals
for common fault and common prealarm.
5. Instrument Panel
The instrument panel shall include the following:
Dual range voltmeter 3 1/2-inch, +/- 2% accuracy
Dual range ammeter 3 1/2-inch, +/- 2% accuracy.
Voltmeter-ammeter phase selector switch"
Lights to indicate high or low meter scale.
SPECIFIC SPECIFICATIONS
Bid #05-006 Page 32
BIDDER:
Direct reading pointer-type frequency meter 3 1/2-inch, 0.5% accuracy, 45 to 65 Hz
scale.
Panel-illuminating lights.
Battery charging voltmeter.
Coolant temperature gauge.
Oil pressure gauge.
Running-time meter.
Voltage-adjust rheostat
6. Accessories
Provide three generator mounted circuit breakers as listed in the Electrical Power
Panel Specifications.
Engine block heater. Thermostatically controlled and sized to maintain
manufacturers recommended engine coolant temperature to meet the start-up
requirements of NFPA-99 and NFPA-110, Level 1 to include 50 feet so cord and piug
so unit may be plugged into shore power when unit is not being used.
Sound housings shall be as follows:
All enclosures are to be constructed from G60 galvanized high strength, low alloy
steel
The enclosure shall be primed with BASF urethane and finish coated with BASF
Superl System paint. EnclDsUres will be finished in the manufacturer's standard
color.
The enclosures must allow the generator set to operate at full load in an ambient
of 40'C with no additional derating of the electrical output.
The enclosures must meet all of the requirements of UL-2200.
Enclosures must be equipped with sufficient side and end doors to allow access
for operation, inspection, and service of the unit and all options. Minimum
requirements are two doors per side. When the generator set controller faces the
rear of the generator set, an additional rear facing door is required. Access to the
controller and main line circuit breaker must meet the requirements of the
National Electric Code.
Doors must be hinged with stainless steel hinges and hardware and be
removable.
Doors must be equipped with lockable latches. Locks must be keyed alike.
Enclosures must be mounted to the generator set skid.
SPECIFIC SPECIFICATIONS
Bid #05-006 Page 33
BIDDER:
The enclosure roof must be pitched to prevent accumulation of water
A duct between the radiator and air outlet must be provided to prevent re-
circulation of hot air.
The complete exhaust system shall be internal to the enclosure. Enclosures with
roof mounted or externally exposed silencers are not acceptable.
The silencer shall be an insulated critical silencer with a tailpipe and rain cap
All acoustical foam must be fixed to the mounting surface with pressure sensitive
adhesive. In addition, all acoustical foam mounted a horizontal plane must be
mechanically fastened. The acoustical foam must have a protective film facing to
act as a barrier for liquids
The enclosures must include an exhaust scoop to direct the cooling air in a
vertical direction
The maximum average sound level shall not exceed 66 dB(A) at 7 meters (23
feet).
Battery rack, and battery cables, capable of holding the manufacturer's recommended
batteries, shall be supplied.
12-volt lead-antimony battery capable of delivering the manufacturer's recommended
minimum cold-cranking Amps required at OOF, per SAE Standard J-537, shall be
supplied.
6-Ampere automatic float and equalize battery charger with +/- 1 % constant voltage
regulation from no load to full load over +/-10% AC input line variation, current limited
during engine cranking and short circuit conditions, temperature compensated for
ambient temperatures from -40oC to +60oC, 5% accurate voltmeter and ammeter,
fused, reverse polarity and transient protected. Provide 50 feet of so cord and plug so
unit may be plugged to shore line when not in use.
Gas-proof, seamless, stainless steel, flexible exhaust bellows with threaded NPT
connection.
Flexible fuel lines rated 3000F and 100 psi ending in pipe thread.
Run Relay to provide a three-pole, double-throw relay with 10 amps at 250 VAC
contacts for indicating that the generator is running.
7 Trailer and Fuel Tank
Trailer features:
2 5/16 in. ball hitch
Leveling jack, (7,000 lb.) rated
SPECIFIC SPECIFICATIONS
Bid #05-006 Page 34
BIDDER:
Lockable housing doors
Running lights with 6-wire harness and 6-pin connector
Electric brake system
Internal polymer fuel tank with low fuei indicator, 757 L (200 gal.)
Environmental containment basin for fuel, oil, and antifreeze
Accessories:
DC lights (3) with 0-60 rninute no-Iock-on-tirner
Fire extinguisher, 10 lb.
Four-way wheel wrench
Install customer decals
Jack kit
Spare tire
Tool box and tool kit
Utility box
Trailer-Mounted Generator Set Speci icalions
Mode Trailer Trailer Trailer Gross Fuel Tank
Length* Width ** Height Weight*** L (gaL)
I mm (in.) mm (in.) mm (in.) kg (lb.)
60kw 3779 1753(69.00 2422 2455
(148.78) ) (95.37) (5400) 757 (200)
f
* Length includes trailer tongue. ** Width includes trailer fenders.
* * * Gross weight includes trailer, generator set, sound housing, and fuel tank with no
fuel.
Voltage Selector Switch
3.Position Voltage Reconnection Switch
EI t' I P
PIS T t'
ec rica ower ane ,peCI Ica Ions
120 Volt 120 Volt Load Lug Circuit Available Duplex Remote
Load Lug Breakers, Amp
!connections Selector Receptacle Start
Duplex Reverse Oty., 240V 240 V 480 Switch for Battery Capability
Receptacle TwistlockS Min.lMax. V Voltages, Charger
Model s Oty" 1 Ph 3 Ph 3 Ph 60 Hz and Block
Oty., Amp Amp Heater
60kW 1 cable/phase 250 200 100 480V Yes Yes
#6-350MCM ::\ Ph",,,,,,
120/240V
3 Phase
120/240V
I 1 Phase
~ Reverse lwistlock connection 10 utility for duplex receptacle power.
SPECIFIC SPECIFICATIONS
Bid #05.006 Page 35
BIDDER:
enerator Set Soecifications
- n__________
1300C Standby Rating
Alternator - ~
Moclel Model 120/240 Volt, 1- 120/240 Volt, 3-Phase 277/480 Volt, 3-Pha
Amps kW/kVA Amps kW/kVA Amps --!kW/k
60kW 4P10W 225 54/54 180 62/78 93 ~.
Generator Fuel Lph (gph) SOund
Set Model Engine rr1n' Level
-- dB(A)
25% Load 50% Load 75% Load 100% Load
with Ful
"-" I ~_.-J ~
60REOZJB John Deere 4045T 6.7 (1.8) 10.2 (2.7) 14.0 (3.7) 18.1 (4.8) 65 ""
-- ~----_.----- ---- ~
G
se
VA
8
,
Electrical Power Panel
Circuit breaker 20 A, i-pole for block heater and battery charger
Circuit breaker 15 A, i-pole for duplex receptacle
GFI duplex receptacle 120 V, 15 A
Worklight timer
Remote start connections
Twistlock receptacle
GFI duplex receptacle 120 V, 20 A for block heater and
battery charger (opposite side)
Load lug assembly
Circuit breakers (main disconnect)
Voltage indicator lamp(s)
Electrical Power Cord
Supply 50 feet of weather-protective portable power cable, Type Ground, EP insulation,
Neoprene Jacket, 90 degree C rated for 250 amp
END SECTION GENERATOR SET
SPECIFIC SPECIFICATIONS
Bid #05-006 Page 36
BIDDER:
The undersigned bidder declares that the only person or parties interested in this bid as principals
are those named herein, that this bid is made without any understanding, contract, or connection
with any other person, firm, or corporation providing a bid for the same purpose and that this bid
is in all respects fair and without collusion or fraud. The bidder understands that this bid must be
manually signed in ink, otherwise it will be considered unresponsive and subject to rejection.
Bidder undersigned represents that the bidder accepts, and that this bid complies with, the bid
documents; that bidder has carefully examined the proposed forms of Agreement and Bonds, the
Contract Drawings, and Specifications for the designated work, and all other bid documents.
Bidder affirms that bidder has carefully examined the location ofthe designated work and that,
from his own investigations, has satisfied himself as to the nature and location of the work, the
character, quality, and the quantity of materials and the kind and extent of equipment and other
facilities needed for the performance of the work, the general and local conditions and all
difficulties to be encountered, and all other items which may, in any way, affect the work or its
performance.
Bidder undersigned proposes, and agrees ifthis bid is accepted, that he will contract with the
Town in the form of the copy ofthe Agreement included in these bid documents, to provide all
necessary machinery, tools, apparatus, and other means of construction necessary to do all the
work, and furnish all the materials and equipment specified or referred to in the bid documents in
the manner and time herein prescribed, and according to the requirements of the Town as therein
set forth.
Under provisions of Chapter 112, Florida Statutes, bidder must disclose with proposal the name
of any officer, director, or agent who is also an employee of the Town of Longboat Key. Bidder
must disclose on an attachment (provided by bidder) entitled "Submitted Bid Conflict ofInterest"
the name of any Town of Longboat Key employee who owns, directly or indirectly, a 5% or more
interest in the bidder's firm or any of its branches, or in the firm of any subcontractor to this bid.
Absence of such an attachment represent bidder's certification of no such employee.
Bidder acknowledges receipt of the following addenda issued during the bidding period; the cost
of which, if any, is included in the Total Bid.
ADDENDUM #
ADDENDUM DATE
Doing Business As:
Business Address:
City
State
Zip
Fax:
Phone:
BID SUBMITTAL FORM
Bid #05-006
Page 37
BIDDER:
(Bidders authorized signature: Please use blue ink)
(B idder typed name and signature)
Bidder understands that the Town reserves the right to reject any or all bids and to waive any
informalities and minor irregularities in the bidding. The bidder agrees that this bid shall be good
and may not be withdrawn for a period of 120 days after the scheduled bid opening.
Having carefully examined the bid documents, bidder agrees to the terms and proposes to furnish
all iabor, material, and equipment for building, delivery and the entire work (including
mobilization and demobilization), and to execute the contract documents and furnish the required
Performance and Payment Bond, and will completely perform the work in strict accordance with
the terms of the Contract and the bid documents therein referred to for the following prices, to
wit:
1 ea 180 kw output as specified herein $
including accessories
1 ea 125 kw output as specified herein $
including accessories
1 ea 60kw output as specified herein $
including accessories
All Exceptions to Bid specifications that do not comply with the bid documents must be
listed below.
1
2.
3.
4
5.
6.
7.
8.
E-Bid original Bid Submittal Forms must be mailed to: The Town of Longboat Kev, Title: E-
bid verification of bid 05-006, Attention: Gerald Wilson. Purchasing Manager. 501 Bay
Isles Road. Longboat Key, Fl 33830. No later than 3 full working davs after the bid
receiving and opening date and time.
RID SUBMITTAL FORM
Bid #05-006
Page 38
rabulation Sheet - DemandStar by Onvia
user: Wilson, Gerald
-----
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Town of Longboat Key Purchasing Department
IFB-05-006-0-2005IGW
Purchase Emergency Generator(s)
3/30/20052:00:00 PM Eastern time
Closed
5 total responses found.
o online, Dofflin,
Cornpan)' 101 Resp!!I!de1! Addre~s Bid Am AILBhLAmt Documents
Com plete
I. CJ's Sales & 3/30/2005 132 Ne 17th Place $118,217.00 Submitted Bid Sheet,
Service 1:51:03 PM Ocala, FL 34470 Am' Addel1,Qum0t
2, Cobra Power 3/3012005 991 Route 22 West Ste 200 $133,500.00 S,lbmj1t~d Bi,tSheet,
Systems, inc. 12:43:14 PM Bridgewater, NJ 08807 Any Addendum(s)
Flight
3, Electrical 3/3012005 51614 Ora Drive $82,500.00 Sllbmiit~d. Bid_Sh~ets
Design 7:17:25 AM Shelby Township, MI 48315 A!1y~Addendmn(jt
Systems, Inc.
Ring Power 3/30/2005 9901 Ringhaver Dr. Submitted !:lid Sheet'
4. Corp - $143,840.00
Orlando 11:28:41 AM Orlando, FL 32824 A!WAdd",J1Q1!m(S) .
fabulation Sleet - DemandStar by Onvia
Page 20f2
T~w lower
5. S
Y stem
3/29/2005 440 S. 78th Street
10:42:00 PM Tampa, FL 33619
$179,504.00
Sllbl11jt!t;Q ~"id Sheet,
An)' AdJlencl llmLs}
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.,_-,::.::__..:-:--~._=-::::=_===".,.~.,:~=---::-:C.--=.:=-,--===:..=--=.=J
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='L===--=::-:=-=-=-:'::-=:':'-=:"'-" ..--
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~~{?l~~~~WI~~~A
The undersigned bidder declares that the only person or parties interested in this bid as principals
are those named herein, that this bid is made without any understanding, contract, or connection
with any other person, firm, or corporation providing a bid for the same purpose and that this bid
is in all respects fair and without collusion or fraud. The bidder understands that this bid must be
manually signed in ink, otherwise it will be considered unresponsive and subject to rejection.
Bidder undersigned represents that the bidder accepts, and that this bid complies with, the bid
documents; that bidder has carefully examined the proposed forms of Agreement and Bonds, the
Contract Drawings, and Specifications for the designated work, and all other bid documents.
Bidder affirms that bidder has carefully examined the location of the designated work and that,
from his own investigations, has satisfied himself as to the nature and location of the work, the
character, quality, and the quantity of materials and the kind and extent of equipment and other
facilities needed for the performance of the work, the general and local conditions and all
difficulties to be encountered, and all other items which may, in any way, affect the work or its
performance.
Bidder undersigned proposes, and agrees if this bid is accepted, that he will contract with the
Town in the form of the copy of the Agreement included in these bid documents, to provide all
necessary machinery, tools, apparatus, and other means of construction necessary to do all the
work, and furnish all the materials and equipment specified or referred to in the bid documents in
the manner and time herein prescribed, and according to the requirements of the Town as therein
set forth.
Under provisions of Chapter 112, Florida Statutes, bidder must disclose with proposal the name
of any officer, director, or agent who is also an employee ofthe Town of Longboat Key. Bidder
must disclose on an attachment (provided by bidder) entitled "Submitted Bid Conflict of Interest"
the name of any Town of Longboat Key employee who owns, directly or indirectly, a 5% or more
interest in the bidder's firm or any of its branches, or in the firm of any subcontractor to this bid.
Absence of such an attachment represent bidder's certification of no such employee.
Bidder acknowledges receipt of the following addenda issued during the bidding period; the cost
of which, if any, is included in the Total Bid.
ADDENDUM #
ADDENDUM DATE
Doing Business As: CJ's Power Systems
Business Address: 132 NE J7ili PI.
City Ocala
State FI.
Zip 34470
Fax: 352 732-0606
Phone: 352 732-0271
BID SUBMITTAL FORM
Bid #05-006 Page 37
(Bidders authorized signature: Please use blue ink)
(Bidder typed name and signature)
Bidder understands that the Town reserves the right to reject any or all bids and to waive any
informalities and minor irregularities in the bidding. The bidder agrees that this bid shall be good
and may not be withdrawn for a period of 120 days after the scheduled bid opening.
Having carefully examined the bid documents, bidder agrees to the terms and proposes to furnish
all labor, material, and equipment for building, delivery and the entire work (including
mobilization and demobilization), and to execute the contract documents and furnish the required
Performance and Payment Bond, and will completely perform the work in strict accordance with
the terms of the Contract and the bid documents therein referred to for the following prices, to
wit:
1 ea 180 kw output as specified herein $44,198.00
including accessories
1ea 125 kw output as specified herein $39,725.00
including accessories
1 ea 60kw output as specified herein $34,294.00
including accessories
All Exceptions to Bid specifications that do not comply with the bid documents must be
listed below.
1. Trailer are 12000# with 300 Gallon Tanks
2. Generators are manufatured by Katolight Corp.
3.
4.
5.
6.
7.
8.
E-Bid original Bid Submittal Forms must be mailed to: The Town of Longboat Key, Title: E-
bid verification of bid 05-006, Attention: Gerald Wilson, Purchasing Manager, 501 Bay
Isles Road, Longboat Key, FI 33830. No later than 3 full working days after the bid
receiving and opening date and time.
BID SUBMITTAL FORM
Bid #05-006
Page 38
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
VI.-CONSENT AGENDA
ITEM B.2
Requested City Cl'nn;::~i(,i1 Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
M~lCJ~.!JgJ):,ti::i in to City Clerk's Office Meetinll Dates in to City Clerk's Office
0 April 4, 2006 March 20, 2006 (Noon.) 0 June 6, 2006 May 15, 2006 (Noon)
0 April 18,2006 April 3, 2006 (Noon) 0 June 20, 2006 June 5, 2006 (Noon)
0 May 2, 2006 April I?, 2006 (Noon) 0 July 5, 2006 June 19, 2006 (Noon)
I2SJ May 16,2006 May 1, 2006 (Noon) 0 July 18, 2006 July 3, 2006 (Noon)
NATURE OF
AGENDA ITEM
o
I2SJ
o
o
o
o
, . --,
Administrative
Consent Agenda
Public Hearing
Bids
o
o
o
o
o
Development Plans
New Business
~'_. 0,
"
(..1,)
Alll10uncement
Legal
Unfinished Business J::::.
:>:=
c:::-'
-..I~L
"I
~IW
CJi -::::;:fTj
\....0 ....~}>
"t;
RECOMMENDATION: Motion to approve the "piggy-back" of the State Purchasing Agreement #2503I20-PA ta-X & S
Integrated Products & Services, Inc. for the purchase of Software Maintenance & Computer Maintenance agreements in the
amount of $45,450.90"
Presentation
City Manager's Report
EXPLANATION: Procurement Services received a request from the ITS Department to contract with R & S Integrated
Products & Services Inc. for the purchase of (l) one software & (l) one computer maintenance agreement in the total amount
of $45,450.90"
PROGRAM IMPACT: LaserFiche is the Electronic Records Management System for the City of Boynton Beach. The
system has state of the ort Client Server Architecture that enables city personnel the ability to find and share documents over
the nehvork efficiently and fast. The agreements provide software and hardware maintenance and teclmical support (7) days a
\veek, (24) hours a day for Lascrfiche used by departments citywide. The annual maintenance agreement also provides
version upgrades of all software products, when available, at no cost, and program patches for software problems, when
available, at no 8.dditional cost.
FISCAL IMPACT: Funds are ollocated in the FY 2005106 budget as follows:
ACCO~.!.Il.t.l~~:;l:i nti QI1
Soft\V;:w~' ;\ JJil;tcni1nCe
Comr;U!\.'!' ~\l:;jnieil~I:1Ce
Account Number
001-1510-513-46-91
001-1510-513-46-22
Budget
$ 33,975.90
11.475.00
$ 45,450.90
ALTERNATiI"":
technical sup; ';rf ..'
{.,' 1 j'n::ced with the purchase of the software and compute maintenance agreements and pay for
'ni1CC as services are needed.
~(i9(;
......;
A~s;.
tHcial Services
a ager's Signature
lVlces
City Attorney / Finance Y Human Re Ources
S:\BULl.ET;;"
: REQUEST FORM.DOC
rwJJ
e
CITY OF BOYNTON BEACH
ADOPTED BUDGET LINE ITEM PURCHASE
Date:
Novernber 9, 2004
Requesting Department: ITS. Contact Person: Carolina Luque
Explanation for Purchase;
LaserFiche is the Electronic Records Management System for your data. State of the art Client-Server architecture enables you to find and share documents
over the network efficiently and fast. Files can be searched or located with word(s), phrases, and/or index fields. Image data can then be viewed, faxed,
printed, and e-mailed to desired users.
Software technical support and maintenance includes seven (7) days a week, 24 hours software & hardware technical support for LaserFiche used by
departments citywide, version upgrades of all software products, when available, at no additional cost, and Program Temporary Fix (PTF) patches fOf software
problems, when available, at no additional cost.
Recommended Vendor
I Dollar Amount of Purchase
R&S Integrated Products & Services, Inc.
$45,450.90
Source for Purchase (check and attach backup materials):
State Contract D GSA
SNAPS D PRIDE
Piggy-Back [2] RESPECT
Sole Source
Other
D
D
D
D
Contract Nurnber:
NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract.
Fund Source:
Line Item Descriotion
Software Maintenance
Account No"
001-1510-513-46-91
Item Budqet
$47,900
$
Cost of Item
33,975.90
Computer Maintenance
001-1510-513-46-22
$11,000
$
11,475"00
Over/Under Budget
Under & Over
Approvals:/1 A
Department Head cY-", cl"~/c-
Purchasing Agent /
I
Date
Date
Date
Date
ri};b
,
Asst City Manager
City Manager
New Form 02/11/02
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BILL TO:
City of Boynton Beach
100 E Boynton Beach Blvd
PO Box 310
Boynton Beach, FL 33425-0310
ITEM
RSFUJAnnual
Fujitsu Products
Fujitsu Products
Fujitsu Products
[::~:;:~~S~:e:l:d
Lakeland. FL 33811
n_.._.... U___ _____..._
- - -
R&S Integrated Products & Services, Inc.
P O. Box 3585
Lakeland, Florida 33802-3585
Original Invoice
DATE
INVOICE #
Phone # 863-709-8044
Fax # 863-709-8J30
t 1/20/2005
25308
SHIP TO
City of Boynfon Beach
Development Department
100 E Boynfon Beach Blvd
Boynton Beach. FL 33425-0310
P.O. NO,
J
,
Due on receipt
TERMS
SHIP VIA
CUSTOMER ID
QTY DESCRIPTION RATE AMOUNT
,I Annual renewals support and maintenance 15C 195"00, ],580.00
Parks, Recreation, City Manager, Library - out of
production not in Miami Contract
4 Annual renewals support and maintenance 3093 795"00 3"]8(L1l0
i 2~Building & 2 HR Out of production not in Miami
, Contract
4 Annual renewals support and maintenance 4097 ],23000 U201l1l
City Clerk, Fire/EMS, Finance, Utilities
CG01000-460801 Miami Contracf
Annual renewals support and maintenance 5750 1,795"00 L795 "00
Building CG-01000-507301 Miami Contract
_J
Total
$1]AhOO
Original Invoice
Payments/Credits
so 00
I Balance Due
$11,475.00
R7:ii ~!;; ('~ I
":'c,\ -?' '\
.~ .':{~~ ~/ }>_./!.
t /6ItJnnali:/)] F:!,J-;D,rj:;;' L.:':'i:',;?'( "
" ~~
""'~"'-~~----
BILL TO
--.-.-
City of Boyn:oil 832dl
100 E Boynton EE<:ich Blvd
PO Box 31G
Boynton Beach, FL 33425-0310
r Physical Ac;c;:
[3816Indl"':'
I Lakeland I'
R&S Integrated Products & Services, Inc.
P. O. Box 3585
Lakeland, Florida 33802-3585
Phone # 863-709-8044
Fax # 863-709-8330
Original
Original Invoice
DATE
INVOICE #
-._--_._--~.__._,-----_....__...-._-- --""-- ----I
P.O. NO. TERMS SHIP VIA CUSTOMER ID
--~---...._-,- - - ---.'.---- -"--- --._~--
Due on receipt
ITEM OTY DESCRIPTION RATE AMOUNT
LF S40R 1 LF Enterprise United SelVer Priority LSAP 5,544"00 5,544"00
LF FULLR 28 LF Full User Priority LSAP 145.00 4,060.00
LF RRR 79 LF Retrieval User Priority LSAP 58"00 4,582.00
LF 978311 UP I Weblink Enterprise LSAP 4,215"00 4,215.00
LF 97871R 1 LF Advanced Audit Trail Module LSAP 2,814"00 2,814.00
Laserfiche product I LFA40 Plus Plug-in 1.670"00 1,670"00
LF PSR 25 LF Snapshot LSAP per user 26"00 650.00
RSDSPR 2 Document Shuttle Pro LSAP 612.00 1,224"00
"Laserfiche ONLY 11-4-05 TO 11-3-06"
I
,
I
,
I ----_.~-
--"-..-- --,---"'---- ---___.____..___n._ ---'-- ~..
11/20/2005
25306
SHIP TO:
-..-------------
City of Boynton Beach
Development Department
100 E Boynton Beach Blvd
Boynton Beach, FL 33425-0310
InVOicelT,.ota,""___"_'_,, ,--. "--,"~,,""~,OO1
Payments/Credits $0.00
lBalan~~-D~e ~---~ $24'75-~0~,~,'JI
__"'___n ____'_n____.____..___.___.
c!I~~ --.
R&S Integrated Products & Services, Inc.
P. 0" Box 3585
Lakeland, Florida 33802-3585
Original Invoice
DATE
INVOICE #
Phone # 863-709-8044
Fax # 863-709-8330
11/20/2005
25307
BILL TO:
____ ____u___
City of Boynton Beach
100 E Boynton Beach Blvd
PO Box 310
Boynton Beach. FL 33425-0310
SHIP TO:
City of Boynton Beach
Development Department
100 E Boynton Beach Blvd
Boynton Beach, FL 33425-0310
"" ------ ----- - .. ------- ------- -- -
,
P.O. NO. TERMS SHIP VIA CUSTOMER ID ,
,
--- ------- ---- - ----
Due on receipt I
ITEM QTY DESCRIPTION RATE AMOUNT
i Anydoc Products 2 Full Keys annual maintenance and support for 3,59LOO 7J 82.00 ,
, AnyDoc
Anydoc Products I Annual 5% increase 359"10 359.10
Anydoc Products 2 Verify Keys annual maintenance and support for I 798"00 I,596.00
Any Doc ! I
Anydoc Products 1 Annual 5% increase 79.80 ! 79.80
, I
,
I ,
!
,
I
I
___I
I
I
u~T'
. ~J Original Invoice
ITO~:I
lp~ym~~ts/credits
[ B~~a~ce D~~
$9,216.90
Physical Address'
3816 Industry Blvd
Lakeland. FL 33811
$(UJJ)
$9.216,9{)
Lasertiche
Electronic OOCl.:rr-O,t n"n8~Jemcnt Systems
-~"";;;;.;;
R&S Integrated Pn)'~Llt:~.$ ~incl Bervbes, Inc.
Laserflche
Ust Prices for E::" ;'.;8 [;r.-,Jpo(\(.nl:s
Laserfiche L:.:;l ?r,~<;'3 for ED;./1S Components 2006
RME Server for MS SOL
$20.000
$6,000
RME Enterprise Server for MS SOL
$32,000
$9,600
Additional Repository - RME Server for MS SOL
$3,000
$900
Additional Repository - RME Enterprise Server for MS SOL
$3,000
$900
RME Server for Orade
$27,000
$8,100
RME Enterprise Server for Orade
$46.000
$13,800
Additional Repository - RME Server for Oracle
$4,000
$1200
Additional Repository - RME Enterprise Server for Oracle
$4,000
$1.200
Lase c e UnHed For M SQlor racle}
United Server for MS SOL
$6,600
$1,980
United Enterprise SelVer for MS SOL
repositories)
(15
$21,000
$6,300
United Additional Rep.)sltory for MS SOL
$3,000
$900
United Enterprise~.ddi:iGnal Reposrtory for MS SOL
$3,000
$900
United Server fer Ora:::le
$15.000
$4,500
R&S Intregrated
www.rsoasiS.com
Lase!r:r:'
.-.dules
2/2412006 Laserfiche EDMS List Prices
Laserfiche List Prices for EDMS Components 2006
United Enterprise Server for Oracle
repositories)
(15
United Additional Repository for Oracle
United Enterprise Additional RepositorY for Oracle
Lasorl\che Team MSDE Includo
$675
Team Server (Single repository)
$600
Team Server Additional Repository
Notebook (No scanning and OCR)
Executive
Full User
$66
Retrieval User
laserfiche list Prices for EDMS Modules
2/2412006 Laserfiche EDMS Ust Prices
R&S Intregrated
www.rsoasis.com
Laserficht: ~;;,t. ('-,';1.;,;3 :<;r EO:',~S Components 2006
$1,898
Email Plug-in
Plus Plug-in
Snapshot
Web Access $7.995
Web Access - Additional Reposilory $1,250 $375
Web Access Enterprise $15,995 $4,790 .
Web Access Enterprise - Add'l Repository $1,250 $375
Weblink $7,995 $2,390
WebLink - Additional Repository $1,250 $375
WebLink Enterprise $15.995 $4,790
WebLink Enterprise - Additional Repository $1.250
Audit Trail- Advanced $7,99S
Audit Trail - Standard $4,995 $1,998
Audit Trail - Starler $2,495 $750
Lase;l;'~ '
'ooliles
212412006 Laserfiche EDMS List Prices
R&S In!regrated
www.rsoasis.com
Laserfiche Ust Prices for EDMS Components 2006
Worldlow $15,000 $4,500
WorKflow Additional User $300 $90
WOrkflow (Unlimtted user) 6250
Laserflche A ncla Mana r
Agenda Manager (Includes 5 AMA and 5 AMPL) $15.000 $4,500
Agenda Manager Additional Meeting Type $1.000 $300
Agenda Manager Additional Publisher User $250 $75
Agenda Manager Additional Publisher User - 5 Pack $1,000 $300
Agenda Manager Additional Publisher User - 10 Pack $1,500
Laserfiche Quick Fields
$495
Annotation/Bates Numbering
$495
$149
BarCode
$1,495
$449
Document Classification
$4,995
$1.499
Fonns Combo (includes OF-3, OF-9, QF-10, QF-11 , OF-15, QF
16)
$9,995
$2 999
Laserfiche list Prices for EDMS Modules
2/2412006 Laserfiche EDMS Ust Prices
R&S Intregrated
www.rsoasis.com
Laserflche Ust Prl!:es fer EDMS Components 2006
Forms Processing
Forms Registration
Optical Mark Recognition
Pattern Matching
Quick Fields Agent
Forms Identification
Forms Extractor
Real Time look Up
ScanConnect
ScanConnect 5 Pack
ScanConnect 10 Pack
Zone OCR
Import Agent
lc,ser;;c!l ...~ ~
'.1odules
2/2412006 laserfiche EDMS list Prices
$2,495
$9.995
$2,495
$2,495
$2.495
$1,495
$2,495
$749
$749
$495
$149
$3.000
$749
$749
$495
$149
$165
$660
$915
$749
$449
R&S In!regrated
WWW.rsoasiS,COffi
Laserfiche List Prices for EDMS Components 2006
Integrator's Toolkit - Complete $2.500
Integration Express $2,495 $749
Integration Express-GIS (First Data layer) $2,500 $750
Integration Express-GIS (Additional Data layer) $1,500 $450
Integration Express-HTE(Public Safety) $2,500 $750
Integration Express-HTE(Financial) $2,500 $750
Integration Express-HTE(Community Service) $2,500 $750
Integration Express-HTE(utility Billing)
COLD Server and Viewer
$9,995
$3,490
COLD Plus Pack
$11,995
$4,190
COLD Plus Plug-in
$3,295
$1.190
NOTES: Minimum of one year LSAP must be purchased for new system.
.. VAR price at net cost is valid only for \tARs with current LSAP.
_ Model numbers under Laserliche Software Assurance Plan (LSAP) ending with P indicates 'Priority LSAP'.
Additionally, R&S also includes aminimum of 4 hours of
time annually to visit the client on site at NO ADDITIONAL
costs to the client.
These hours can be used for upgrades or review, re-
training, or review of system process to be used at clients
discretion.
1. Records Management Edition includes Advanced Audit Trail.
2. Laserfiche Records Management edition for Microsoft SOL is DoD 5015.2 Certified. This supports MS SOL Server 2000.
For our certified system configurations, please visit http://jitc.fhu.disa.miVrecmgtILaserfiche/rmv7Iindex.html.
3. Laserfiche Oracle supports Oracle 9 and 10.
4. Laserfiche 6.x supports both MS SOL 7 and 2000. Laserfiche 7 supports MS SOL 2000.
5. Records management module only applies to Laserfiche 7.0.
6. Laserfiche Executive (MO) and Plus plug-in (97840) can be purchased separately in lieu of this product.
7. Email plug-in licenses must match the total number of Full user and Retrieval user licenses.
8. Snapshot licenses must match the total number of Full user licenses.
9. Web Access allows users to make changes to the repository; thus, it makes use of full user licenses.
10_ WebLink is a read...only rebieval viewer and makes use of retrieval user licenses.
11. Wor1dlow (Model" V\lFS) includes 10 workflow users with Full user license being sold separately.
12. Vwbrkftow user licenses must match Full user licenses.
13. Agenda Manager comes wfth unlimited general users, 5 publisher users (AMPL), and 5 meeting types (AMA).
14. Agenda Manager additional meeting type comes with 1 publisher user (AMPL).
15. No credit win be given for components of OF-C1 when QF-C1 is purchased.
16. Integrator's Toolkit orders must have company authorization before shipment of product.
17. Please contact your Regional Manager when Integration Express-GIS is purchased.
UPGRADE POLICY:
Software: 100% credit to the original product with current lSAP
A minimum charge of 10% of the new product is required for the
upgrade.
laserfiche list Prices for EDMS Modules
212412006 Laserfiche EDMS List Prices
R&S Intregrated
www.rsoasis.com
LSAP: 100% credit ::: :' r'
remaining time. A Ii,
required for the Lr~:':
~urchased when '"
l' "";;", prorated for thc
, '~. -:/U of the new product s
: L ",j) must be
la:i(:'
-Jules
2/24/2006 laserfiche EDMS List Prices
R&S Intregrated
www.rsoasis.com
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Page 1 of]
Deann2 Parlor
-- -- -- _.._._--_.__._--~_._-_._~_._-~----_._-_._----~._------.~-~ --------------.-.,------------
From: JiJ:1;~S, KimbE.rly [Kimberly.Jones@dms.myfJorida.com]
Sent: Thurccay, r~arch 09, 200610:30 AM
To: Deanna Porter; R&S Sales Group
Subject: Sf',,; #2503195: FW: Agreement will be effective tomorrow's date of 3/9/2006 until 3/8/2007
The numbel' (11' the /\~!\'UnlTll and its effective dales Clrc seen above.
Thank YOll I~'r ;'l)Ur I'csponsc to the eQuotc!
l\lrs. Kimhl'rl).' JONI-'S
Purchasing Agent
[}ivisioll or Slate Purchasing
Fll)rida Dcpartll1\.'llt (11' i\lullJ.gcment SCI"\'iccs
4050 ]':splanadc \'/:1: J80.9X
TLIl Fl. :;23':!9-7(J16
(850) 488.7996
(850) 488-549S I AX
Kim h_Gdui1T1 C\-{L~l!ll.S,my 11(l_6lliA~Qln
From: Jones, Kimberly
Sent: Wednesday, March 08, 2006 4:57 PM
To: 'deanna@rsoasis.com'
Cc: 'sales@rsoasis,com'
Subject: Agreement will be effective tomorrow's date of 3(9(2006 untii 3(8(2007
I \\'ill email yut! again with the new Agreement number.
THANK YOU!
tv'Irs. Kimberly JONES
Purchasing :\gent
Divisiun Or~l,;1l' Purchasing
Florida fkpJiLlncnt (If iVbnagcmc:nt Services
4050 EsrlalJ;~Jt' \\'<.1: :130.9.\
TUl FL 3~_)99-71)]6
(850) 48R-79l.)(
(85014SS.5"'iX IA\
Kimberly .kliw'/u dmc;.myllnricb.cnITI
3/IGi2(
SPECIAL CONDITIONS
FORA
State Purchasine. Ae.reement #2503I20-PA
For
Laserfiche
PURPOSE
The purpose of this eQuote is to establish a one (I) year State Purchasing Agreement (SPA) for the purchase of
Laserfiche by all State of Florida agencies and other eligible users,
CERTIFICATION AND ELECTRONIC SIGNATURE
By completing and responding to this eQuote, vendor is agreeing to all terms and conditions, including the
terms of PUR 7722, and certifies that the discounted prices stated will hold for the duration of the agreement
and that the prices quoted meet or exceed manufacturer's warranty, Price decreases are acceptable on
invoice(s) presented for payment.
TECHNICAL DOCUMENTATION & PRICE LIST
A II products/services quoted must meet or exceed all requirements of this eQuote, When technical
documentation and/or price list is required, its purpose is to demonstrate compliance of the product bid and to
allow a technical evaluation of the product and verification of a true savings to the State of Florida Eligible
Users,
DELIVERY
All prices quoted shall include delivery and frcight charges to the ordering agency,
PURCHASING CARD PROGRAM
The State has implemented a purchasing card program through the Bank of America, using the VISA network,
Contractors will receive payment from the purchasing card in the same manner as other Visa purchases,
Accordingly, respondents must presently have the ability to accept VISA or take whatever steps necessary to
implement the ability before the start of the agreement term, The State reserves the right to revise this program
in conjunction with implementation of an on-line procurement system, VISA acceptance is mandatory but is
not the exclusive method of payment. Please indicate your ability to accept VISA in the space provided on the
Ordcring Instruction sheet of the eQuote,
When an ordering agency makes a purchase using the State Purchasing Card, as method payment, the language
in paragraph 7, Transaction Fee, on the attached form PUR 7722 does not apply, When the State Purchasing
Card is not used as a method payment, or a purchasing card other than the State Purchasing Card is used the
language does apply,
AWARD
A ward will be made to the responsive and responsible vendor who offers the highest discount from their list
price resulting in the lowest net price to the state, Vendor must submit a copy of their price list to the
Department of Management Services at the address below or provide a website where the price list can be
vcrified, Vendor may bid by district (counties) or statewide, Please indicate on page 10 of eQuotc,
CANCELLATION OF SNAPS AGREEMENTS
Current SNAPS Agreements for like items or services will be replaced by any State Purchasing Agreement
(SPA) awardcd as a result of this eQuote,
QUESTIONS
If you have questions regarding how to use the eQuote tool (i,e" how to log in, review a quote, submit a
response, dO\Vl1lon,j and cdt:lchment, etc,), please contact the My Florida Market Place Customer Service Desk
at 1-866-352-3776 cr at vCcl,,!orhelp@mvtloridamarketplace,com ,
If you have questions I'ci,t"ining to the content of the eQuote itself, please contact the agency contact person
listed on the cQuote, The contact person for this eQuote is Dorothy Stuff, telephone 850-4] 0-2426 or em ail
stuftLJ(ci:dms:st(lte,l i.ll~
2
Laserfiche United - Electronic Document
Mana!!ement Svstem for MS SOL Server
Percent discount - 120/0
List Price From Price List SPA Price
LFS30 $6,600 $792 $5,808
LFS30R $1,980 $238 $1.742
Laserfiche Enterprise-Electronic Document Management
Svstem (up to 15 databases)
LFS40 $21,000 $2,520 $18,840
LFS40R $6,300 $756 $5,544
Laserfiche Records Manaaement Edition
LFS35 $21.000 $2,520 $18,840
LFS35R $6 300 $756 $5,544
Laserfiche Enterprise,Records Management Edition
(up to 15 databases)
LFS 45 $35,000 $4,200 $30 800
LFS45R $10,500 $1,260 $9,240
Laserfiche User License
Read Write of Full Clients
LFULL $550 $66 $484
LFULLR $165 $20 $145
LFPS $100 $12 $88
LFPSR $30 $4 $26
RS9PMP $80 $10 $70
RS9PMPR $24 $3 $21
Read Only or Retrieval Clients - Email Module required if
Retrieval or Read onlv license installed on workstation
LFRR $220 $26 $194
LFRRR $66 $8 $58
RSP9PMP $80 $10 $70
RS9PMPR $24 $3 $21
Add Records Retention to the Laserfiche Electronic
Document Manaaement Svstem
RSRT1 $3,500 $420 $3080
RSRT1R $695 $83 $612
Adding Databases to the Laserfiche Electronic
Document Manaeement Svstem (United & Enterorise)
LFSA3 $3,000 $360 $2,640
LFSA3R $900 $108 $792
Adding Databases to the Laserfiche Records Management
Edition (United & Enterprise)
LFSA35 $4,000 $480 $3,520
LFSA35R $1,200 $144 $1,056
Intranet/Internet READ ONLY Access to Laserfiche
Document Manaaement for Laserfiche Standard
LF97830 $7,995 $959 $7,036
LF97830UP $2,390 $287 $2,103
RS200B 22% discount on services $1120 $248 $872
3
list Price
IntranetllnterndH.L\D \VRJTE Access to Laserfiche
Document Mml;l2;d"!.~r:1! for Laserfiche Standard
LFWA1
LFWA1P
RS2004 22% discol.mt Oil services
Laserfiche Plm Phlg-in, CDR Puhlishing-Laserfiche
data.Viewer and scu.<-'h engjne on each disc
LF97840
LF97840R
Professional Services
RS2101 22% discount on services
RS2101 22% discount on services
Document Shuttle Pro-Integrate existing data and systems
With Laserliche, such as data capture output
RSDSP
RSDSPR
RSDSL
RSDSLR
RS2008 22% discount on services
Laserfiche Team-Electronic Document
Management System Includes and uses Microsoft
MSDE database
LFS 10
LFS10R
Adding databases to the Laserliche Electronic Document
Manaaement System Team
LFSA1
LFSA1R
Laserliche Workflow licenses to the Laserliche Workflow
Suite (United & Enterprise)
LFWFS
LFWFSR
Adding Laserliche workflow License to the Laserliche
Workflow Suite (United & Enterprise
LFWF A 1
LFWFA1R
Laserliche Entrv Level Audit Trail for the Laserliche EDMS
LFWFS
LFWFSR
Laserfiche BasJ~_e.u~;t Trail f.Jr tha Laserfiche EDMS
LF97870
LF97870R
Laserliche Adv
LF97871
LF97871R
.., '-,1"e Laserliche EDMS
Percent discount
From Price list
$7,995
$2,390
$560
$959
$287
$124
$3.795
$1,898
$455
$228
$140
$140
$31
$31
$2.495
$695
$995
$285
$1120
$299
$83
$119
$34
$248
$2,250
$600
$270
$72
$2,000
$600
$240
$72
$15,000
$4,500
$1,800
$540
$300
$90
$36
$11
$2,995
$695
$200
$50
$4,995
$1,998
$599
$240
$7,995
$3,198
$959
$384
4
SPA Price
$7,036
$287
$436
$3,340
$1,670
$109
$109
$2,196
$612
$876
$251
$872
$1,980
$528
$1,760
$528
$13.200
$3,960
$264
$71
$2.795
$645
$4 396
$1.758
$7,036
$2,814
Percent discount
list Price From Price list SPA Price
Add Records Management Edition to the Laserfichj!
Electronic Document Manaaement System
LFRM2 $6,000 $720 $2.795
LFRM2R $1,800 $216 $645
Laserfiche Import Agent for the Electronic Document
Manaaement Systems
LFP1 $1.495 $179 $1,316
LFP1R $449 $54 $395
Laserfiche Integrator's Toolkit for the Electronic Document
Manaaement System
LF97858 $2,500 $300 $2,200
LF97858R $750 $90 $660
Laserfiche Image Express ESRI GIS for the Electronic
Document Manae-ement Svstem
LFIX $2.495 $299 $2,196
LFIXR $795 $95 $700
Laserfiche Image Express ESRI GIS for the Electronic
Document Manaaement System
LFIXGIS $2.495 $299 $2,196
LFIXGISR $795 $95 $700
Image Integration for ESRI GIS ARCIMS and Laserfiche
Weblink $3,500 $420 $3.080
LFAIMSGIS 795 $95 $700
LF AIMSGISR
Any additionai products not listed above will be provided to the user at no less than the discount offered above,
5
Orderinl! Instructions
CONTRACTOR:3&,;ilQl'~grated Products & Services, Inc,
SPURS VENDOi( NUl\lDER: 59-3209124004
eQuote/ Al!reclJ.l en t. Adm inistration
Please identify the person who will be responsible for administering the agreement on your behalf if award is
made, and include an cmergency contact phone number:
Name: Deanna Porter
Title: Product Manager
Street Address: 1647 y, George Jenkins Blvd.. Lakeland, FL 338]5
Email Address:Deanna@rsoasis.com
Phone Number(s): 863-683-9393 ceIl863-287-8713
Fax Number: 863-686-0610
If the person responsible for answering questions about the agreement is different from the person identified
above, please provide the same information for that person,
Name:
Title:
Street Address:
Email Address:
Phone Number(s):
Fax Number:
Direct Orders
Please provide the following information about where the Customers should direct orders, You must provide a
regular mailing address, If equipped to receive purchase orders electronically, you may also provide an Internet
address,
Street Address or P,O, Box: P,O, Box 3585
City, State, Zip: Lakcland, FL 33802-3585
Phone Number: 863-683-9393 or cell 863-287-8713
Toll Free Number: 800-508-9609
Ordering Fax Number: 863-686-0610
Internet Address:...J2'~a.I_'I,-a.@rsoasis,col11 or sales@rsoasis,com
Federal ID NUlllbcr:_ 59.3)09124
Remit Address: p, 0, Cox 3585
City, State, Zip:..J~'1~cland...E.1 33802-3585
Email Addrcss:.~J2.:.:!.~l!1!lnj(t:.\~}asis.coll1orsalesrq.!rsoasis.com
Attach add;]', --'
agreementc,'
'::!'-':::,,'5 for all locations iu Florida authorized to perform services under this
"::'..",,,'" he rel!istered in MvFloridaMarketPlace,
6
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WESTERN
ESCAMBIA
SANTA ROSA
OKALOOSA
WALTON
HOLMES
WASHINGTON
BAY
JACKSON
CALHOUN
GULF
LIBERTY
FRANKLIN
GADSDEN
W AKULLA
LEON
JEFFERSON
TAYLOR
MADISON
LAFAYETTE
DIXIE
NORTHERN
GILCHRIST
ALACHUA
UNION
BRADFORD
BAKER
NASSAU
DUVAL
CLAY
PUTNAM
ST, JOHNS
FLAGLER
VOLUSIA
MARION
LEVY
HAMILTON
COLUMBIA
SUWANNEE
DISTRICT MAP
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CENTRAL
CITRUS
SUMTER
LAKE
HERNANDO
SEMINOLE
ORANGE
PASCO
PINELLAS
HILLSBOROUGH
POLK
OSCEOLA
BREVARD
INDIAN RIVER
MANA TEE
HARDEE
HIGHLANDS
OKEECHOBEE
ST, LUCIE
SARASOTA
DESOTO
CHARLOTTE
LEE
SOUTHERN
GLADES
MARTIN
HENDRY
PALM BEACH
COLLIER
BROW ARD
MONROE
DADE
R&S ST ATE WIDE SERVICE AREA
7
State Purchasing Agreement
(PUR 7722)
1. PURPOSE & SCOrE: Under authority of Section
287,042(1)(a) and (2)(;;), FSo, the "crpose of this State Purchasing
Agreement (the "Agreement") is to establish terms and conditions for
the sale and purchase of cOOlIncdities or services between you
("You," or "Vendor"') and the State of Florida, Department of
Management Sen'kcs ("Department"). This Agreement does not
establish the Vendor as the exclusive source of the items under
contract, and other Vendors may ofTer and sell similar products or
services without establishing a State Purchasing Agreement. State
agencies are not required to use this Agreement. This Agreement
does not exempt eligible users from the competitive solicitation
requirements described in Chapter 287, Florida Statutes.
2, TERMrrERMINATION: This Agreement has a term of one
(I) year from the Effective Date, as noted on Exhibit A, This
Agreement may be cancelled in whole or in part by either party at
any time by written notice to the other party. The effective date of the
cancellation will be as stated in the notice or on the date of receipt if
the notice does not specifY a date certain. Vendor's failure to
perform in any aspect of this Agreement may result in immediate
termination of this Agreement, in addition to those remedies laid out
in the relevant sections of the Florida Administrative Code.
3, ELIGIBLE USERS: Eligible Users participating in the
Agreement do so according to the following terms: (1) non-State
Eligible Users assume and bear complete responsibility with regard
to performance of any contractual obligation or term; (2) breach of
an Agreement term by any particular Eligible User shall not be
-I""~med a breach of the Agreement as a whole, which shall remain in
force and effect, and shall not affect the validity of the
n.greement nor the Vendor's obligations to non-breaching Eligible
Users or the Department; (3) the State shall not be liable for any
breach by a non.State Eligible User; (4) each non-State Eligible User
and the Vendor guarantee to save the State and its officers, agents,
and employees harmless from liability that may be or is imposed by
their failure to perform in accordance with their obligations under the
Agreement.
4, ORDERING LIMITS: Agency purchasing offices shall not
make purchases exceeding Category Two from this Agreement.
Purchases exceeding Category T\vo shall be made in accordance with
s.287.057, F.S. A purchasing office shall not divide its purchases
with the purpose of circumventing this requirement. When
determining the pun::hase amount for the purpose of applying the
Category Two threshold. agency purchasing offices shall review and
consider concurrent and planned or projected requirements on an
agency-wide basis for the remaining term of the Agreement at the
time of order, except [hat purchases by agencies with multiple
purchasing offices shall be ccnsidered and reviewed on the basis of
the portion of the agcnc) served by tilt: purchasing office issuing the
purchase order.
This requirement (Ll~'S r:,\t rrec1udc ut:!ization of the Agreement to
fulfill subsequent ,~"pL,:-,j~C(~ ':'; l!\l!;~,rcseen orders at or below
Category Two, which \\,,'!dd l':"\;:,:" t():'d orders under the agreement
to exceed the '_l! '1'.' ",I'lri
5, PRODUCTS
by the Vendor ~;I
A greement are
rporated by !,
1 'le products/services offered
products/services under this
attached, which is hereby
is urged to offer additional
discounts for one time delivery oflarge single orders. Eligible Users
should seek to negotiate additional price concessions on quantity
purchases of any products offered under the Agreement.
6, INVOICING AND PAYMENT:
(a) Taxes: The State of Florida does not pay Federal Excise and Sales
taxes on direct purchases of tangible personal property. This
exemption does not apply to purchases of tangible personal property
in the perfonnance of agreements for the improvement of state-
owned real property as defined in Chapter 192, Florida Statutes,
(b) Invoicimz. and Pavment: Invoices must be submitted in
accordance with the Eligible User's specific instructions. Invoicing
Eligible Users at prices higher than those maintained in the
agreement may result in immediate termination of this agreement.
The Vendor shall be paid upon submission of properly certified
invoices to the Eligible Users, after delivery, inspection and
acceptance of goods. Payment shall be made in accordance with
Section 215.422, Florida Statutes, which states the Vendor's rights
and the State agency's responsibilities concerning interest penalties
and time limits for payment of invoices. Travel expenses, if
applicable, will be paid pursuant to the provisions of Section
112,061, Florida Statutes,
(c) Vendor Ombudsman: A Vendor Ombudsman has been
established within the Department of Financial Services. The duties
of this individual include acting as an advocate for Vendors who may
be experiencing problems in obtaining timely payment(s) from a
State agency, The Vendor Ombudsman may be contacted at (850)
488.2924 or by calling the State Comptroller's Hotline, 1.800-848.
3792,
(d) Annual AooTOoriations: The State of Florida's performance and
obligation to pay under this agreement is contingent upon an annual
appropriation by the Legislature.
7, TRANSACTION FEE: This Agreement has been secured using
MyFloridaMarketPlace, a statewide eProcurement system (the
"System"), Pursuant to s, 287,057(23), F,S" all payments shall be
assessed a Transaction Fee of one percent (1.0%), which the Vendor
shall pay to the State,
For payments within the State accounting system (FLAIR or its
successor), the Transaction Fee shall, when possible, be
automatically deducted from payments to the Vendor. If automatic
deduction is not possible, the Vendor shall pay the Transaction Fee
pursuant to Rule 60A.1.031(2), F,A,C. By submission of these
reports and corresponding payments, Vendor certifies their
correctness. All such reports and payments shall be subject to audit
by the State or its designee.
Vendor shall receive a credit for any Transaction Fee paid by the
Vendor for the purchase of any item(s) if such item(s) are returned to
the Vendor through no fault, act, or omission of the Vendor.
Notwithstanding the foregoing, a Transaction Fee is non-refundable
when an item is rejected or returned, or declined, due to the Vendor's
failure to perform or comply with specifications or requirements of
the agreement.
Failure to comply with these requirements shall constitute grounds
for declaring the Vendor in default and recovering rcprocurement
costs from the Vendor in addition to all outstanding fees.
VENDORS DELINQUENT IN PAYING TRANSACTION FEES
State purchasing agreement form
PAGE 8 of 10
MA Y BE EXCLUDED FROM CONDUCTING FUTURE
BUSINESS WITH THE STATE,
8, INSPECTION AND ACCEPTANCE:
(a) Inspection and acceotance of commodities:
(1) For Vendor-installed products, the date of acceptance is
the date the Eligible User accepts the product as installed and
in good working order, as determined by any appropriate
acceptance testing, and the Eligible User shall certify in
\vriling to the Vendor when the product is accepted (if training
or other post-installation services are included in the purchase
order, the acceptance shall be conditional).
(2) For buyer-installed products, the date of acceptance shall
be the delivery date. Until acceptance, risk of loss or damage
shall remain with the Vendor. The Vendor shall be
responsible for filing, processing, and collecting all damage
claims. To assist the Vendor with damage claims, the Eligible
User shall: (i) record any evidence of visible damage on all
copies of the delivering carrier's Bill of Lading; (ii) report
damage to the carrier and the Vendor; and (iii) provide the
Vendor with a copy of the carrier's Bill of Lading and damage
inspection report.
(3) When an Eligible User rejects a product, Vendor shall
remove it from the premises within ten days after notification
of rejection. Upon rejection notification, the risk of loss of
rejected or non-conforming product shall remain with the
Vendor. Rejected product not removed by the Vendor within
ten days shall be deemed abandoned by the Vendor, and the
Eligible User shall have the right to dispose of it as its own
property. The Vendor shall reimburse the Eligible User for
costs and expenses incurred in storing or effecting removal or
disposition of rejected product.
(b) Inspection and acceotance of services: Each phase of the services,
including quality of work, rendered under this agreement is subject to
the Eligible User's inspection during both the Vendor's operations
and after completion of the tasks. When the Vendor is satisfied with
the completion of the contracted work, and prior to acceptance of any
phase of work, Vendor shall submit a written request for an
inspection to the Eligible User's Project Manager. After inspection,
the Eligible User's Project Manager will issue a punch list of
deficiencies, if any. Upon completion of the punch list, and
correction of all deficiencies by the Vendor, the Vendor Project
Manager shall notify the Eligible User's Project Manager that the
work has been completed satisfactorily. Final inspection shall be
performed prior to contract expiration date.
9, WARRANTY: Vendor shall provide to the Eligible User a one
year written warranty:
(a) against poor workmanship, for all services rendered by the
Vendor,
(b) for all products, materials or equipment provided by the
Vendor in the course of providing service to the Eligible User, and
( c) for all commodities sold to the Eligible User.
The warranty period shall begin on the date of final completion
and/or acceptance by Eligible User. If the Vendor is a manufacturer
or reseller of computer software and offers separate
maintenance/upgrade services on Exhibit A, Vendor must provide at
least a 3D-day written warranty for such software, instead of the one
(1) year warranty described above.
10, INDEMNITY AND LIMITATION OF LIABILITY:
(a) General oblillation of indemnitY': The Vendor shall be fully liable
for the actions of its agents, employees, partners, Of subcontractors
and shall fully indemnify, defend, and hold harmless the Eligible
User(s) and their officers, agents, and employees, from suits, actions,
damages, and costs of every name and description, including
attorneys' fees, arising from or relating to personal injury and
damage to real or personal tangible property alleged to be caused in
whole or in part by Vendor, its agents, employees, partners, or
subcontractors; provided, however, that the Vendor shall not
indemnify for that portion of any loss or damages proximately caused
by the negligent act or omission of the Eligible User(s).
(b) Additional oblil2.ation rel2.arding intellectual orooertv
indemnification: The Vendor shall fully indemnify, defend, and hold
harmless the Eligible User(s) from any suits, actions, damages, and
costs of every name and description, induding attorneys' fees,
arising from or relating to violation or infringement of a trademark,
copyright, patent, trade secret or intellectual property right, provided
that the Eligible User(s) shall give the Vendor: (1) written notice of
any action or threatened action, (2) the opportunity to take over and
settle or defend any such action at Vendor's sole expense, and (3)
assistance in defending the action at Vendor's sole expense. The
Vendor shall not be liable for any cost, expense, or compromise
incurred or made by the Eligible User(s) in an infringement action
without the Vendor's prior written consent, which shall not be
unreasonably withheld. If any item sold hereunder is the subject of
an infringement suit, or in the Vendor's opinion is likely to become
the subject of such a suit, the Vendor may at its sole expense procure
for the Eligible User the right to continue using the item or to modify
it to become non-infringing. If the Vendor is not reasonably able to
modify or otherwise secure the Eligible User the right to continue
using the item, the Vendor shall remove the item and refund the
Eligible User the amounts paid in excess of a reasonable rental for
past use. The Eligible User shall not be liable for any royalties.
(c) Remainim!. claims: Except as specified in the foregoing portions
of this section, for all other claims against the Vendor under any
individual purchase order, and regardless of the basis on which the
claim is made, the Vendor's liability under a purchase order for direct
damages shall be the greater of $25,000 or the dollar amount of the
purchase order. Unless otherwise specifically enumerated in the
purchase order, no party shall be liable to another for special,
indirect, or consequential damages, including lost data or records
(unless the purchase order requires the Vendor to back-up data or
records), even if the party has been advised that such damages are
possible. No party shall be liable for lost profits, lost revenue, or lost
institutional operating savings.
] 1. ASSIGNMENT: Neither orders issued pursuant to this
Agreement nor payments due hereunder are assignable except with
the prior written approval of the relevant Eligible User. Despite this
general prohibition, in the event that Vendor successfully assigns its
right to payment, Vendor shall return to the Eligible User any monies
received by it from the Eligible User after the effective date of such
assignment.
12, COMPLIANCE WITH LAWS: The Vendor shall comply
with all laws, rules, codes, ordinances, and licensing requirements
that are applicable to the conduct of its business, including those of
federal, State, and local agencies having jurisdiction and authority.
By way of non-exhaustive example, Chapter 287 of the Florida
Statutes and Chapter 60A-l of the Florida Administrative Code
govern this agreement. By way of further non-exhaustive example,
State purchasing agreement form
PAGE 9 of 10
the Vendor shall CDll'jl]Y \\ith ~(;'c[iun 247A(e) of the Immigration
-1 Nationalization ,\'~L the, \mcri.:ans with Disabilities Act, and all
hibitions agair::.st (::sCi",imin::~:on on the basis of race, religion, sex,
creed, national ori,;i;1. i.~,~!)(j;c~~', n13.rital status, or veteran's status.
Violation of such ](j\\".~ :.:.h~:!l ~)e gn)l!]j(js for termination.
13, WARRANTY OF ,\B1LlTY TO PERFORM: The Vendor
warrants that neitlLr iT nor (lny affiliate is currently on the convicted
vendor list maintn:n~d pllrS\idnt to section 287.133 of the Florida
Statutes, or on any simibr list maintained by any other state or the
federal government. The Vendor shall immediately notify the
Department in \vriting if its ability to perform is compromised in any
manner during the teen of the Agreement.
14, ADVERTISING: The Vendor shall not publicly disseminate
any information concerning the Agreement without prior written
approval from the Department, including but not limited to,
mentioning the Agreement in a press release or other promotional
material, identifying the Department or the State as a reference, or
otherwise linking the Vendor's name and either a description of the
Agreement or the name of the State, the Department, or any Eligible
User in any materia! published, either in print or electronically, to
any entity that is not a party to Agreement, except potential or actual
authorized distributors, dealers, resellers, or service representative.
15. DISPUTE RESOLUTION: Any dispute concerning
performance of the Agreement shall be decided by the State
Purchasing Director or his/her designee, who shall reduce the
decision to writing and serve a copy on the Vendor and, if
appropriate, the Eligible User. The decision of Director (or designee)
shall be final and conclusive unless within ten (10) days from the
date of receipt, the V cndar files \'lith the Department a petition for
-1'l1inistrative hearing. The Department's decision on the petition
[ be final, subject to the Vendor's right to review pursuant to
umpter 120 of the Florida Statutes. Without limiting the foregoing,
the exclusive venue of any legal or equitable action that arises out of
or relates to the Agreement shall be the appropriate state court in
Leon County, Florida; in any such action, Florida law shall apply,
and the Vendor waives any right to jury trial that it may have.
16, MISCELLANEOUS PROVISIONS:
(a) Lobbying ~lnd Integrity: Vendor shall comply with the
provisions of s. 11.062 and s. 216.347, F.S., prohibiting use of
contract funds to lobby the Legislature, Judiciary, or state agencies.
Upon request of the Department's Inspector General, or
other authorized St31e ot'ticial, the Vendor shall provide any type of
information the Inspector General deems relevant to the Vendor's
integrity or responsibility. Such information may include, but shall
not be limited to, the Vendor's business or financial records,
documents, or tiles of any. type or form that refer to or relate to the
Agreement. The Vepeer shall retain such records for the longer of
(I) three years after [j,c I:xpiration of the Agreement or (2) the period
required by the GEne-r,d Reccrds Schcdules maintained by the Florida
Department (:1' SUk (available at:
http://dlis.dos.statc.Jl.1..,,/h~rm/g(.:nschcduleslgensched.htm). The
Vendor agrees to r(':in)-.uL~e (hI.: :-:L'_L~ for the reasonable costs of
investigation incur1': i I:" 1:,<':; !Wr<.:'cl'X General or other authorized
State official for ii" :-,:> <,I 1!'.~ '/endor's compliance with the
terms of this or r1' . ::l,~':lt between the Vendor and the
State which result, "Il cr debarment of the Vendor.
Such costs sha!! '-~i. :,,-t be limited to: salaries of
investigators, inc-:; ;.:;] and lodging expenses; and
-::rt witness '-~ The Vendor shall not be
responsible for any costs of investigations that do not result in the
Vendor's suspension or debarment.
(b) Independent Contractor Status of Vendor: The
Vendor, together with its agents, distributors, resellers,
subcontractors, officers and employees, shall have and always retain
under the Agreement the legal status of an independent contractor,
and in no manner shall they be deemed employees of the State or
Eligible User or deemed to be entitled to any benefits associated with
such employment. During the tenn of the Agreement, Vendor shall
maintain at its sole expense those benefits to which its employees
would otherwise be entitled to by law, including health benefits, and
all necessary insurance for its employees, including workers'
compensation, disability, and unemployment insurance, and provide
Eligible Users with certification of such insurance upon request. The
Vendor remains responsible for all applicable federal, state, and local
taxes, and all FICA contributions.
(c) Assignment: The Vendor shall not sell, assign or
transfer any of its rights, duties or obligations under the Agreement,
or under any purchase order issued pursuant to the Agreement,
without the prior written consent of the Department; provided, the
Vendor assigns to the State any and all claims it has with respect to
the Agreement under the antitrust laws of the United States and the
State. The Department may assign the Agreement with prior written
notice to Vendor of its intent to do so.
(d) Modification of Terms: The Agreement contains all
the terms and conditions agreed upon by the parties, which terms and
conditions shall govern all transactions by Eligible Users under the
Agreement. No oral agreements or representations shall be valid or
binding upon the Department, an Eligible User, or the Vendor. No
alteration or modification of the Agreement terms, including
substitution of product, shall be valid or binding against the Eligible
User unless authorized by the Department. The Vendor may not
unilaterally modify the terms of the Agreement by affixing additional
terms to product upon delivery (e.g., attachment or inclusion of
standard preprinted fonus, product literature, "shrink wrap" terms
accompanying or affixed to a product, whether written or electronic)
or by incorporating such tenus onto the Vendor's order or fiscal
forms or other documents forwarded by the Vendor for payment. An
Eligible User's acceptance of product or processing of
documentation on forms furnished by the Vendor for approval or
payment shall not constitute acceptance of the proposed modification
to terms and conditions.
(e) Waiver: The delay or failure by the Department or an
Eligible User to exercise or enforce any of its rights under this
Agreement shall not constitute or be deemed a waiver of the
Department's or Eligible User's right thereafter to enforce those
rights, nor shall any single or partial exercise of any such right
preclude any other or further exercise thereof or the exercise of any
other right.
(I) Severability: If a court deems any provision of the
Agreement void or unenforceable, that provision shall be enforced
only to the extent that it is not in violation of law or is not otherwise
unenforceable, and all other provisions shall remain in full force and
effect.
State purchasing agreement form
PAGE 10 of 10
SPECIAL CONDITIONS
FORA
State Purchasing Agreement
For
Laserfiche 2006
Purpose
The purpose of this eQuote is to establish a one (I) year State Purchasing Agreement (SPA) for the purchase of
Laserfiche; by all State of Florida agencies and other governmental Eligible Users, There are no existing
quantities known.
Vendor must contact all State of Florida agencies and other governmental Eligible Users (Customers) to sell
these products or services, if this Agreement is awarded, Vendor, please be aware that this eQuote is not for
any specific quantities for an actual order. All State of Florida agencies and other governmental Eligible Users
will provide that information when you contact them,
Certification and Electronic Signature
By completing and responding to this eQuote, vendor is agreeing to all terms and conditions, of the Agreement,
including those of PUR 7722, The vendor certifies that the discounted prices stated will hold for the duration of
the Agreement, if awarded, and that they meet or exceed manufacturer's warranty, Price decreases arc
acceptable on invoice(s) presented for payment.
Technical Documentation & Price List
All products/services quoted must meet or exceed all requirements ofthis eQuote, The vendor must provide a
scanned copy or a website of their current catalog and price list, both should exhibit an effective date, and a
discount to be listed for each quote on the Price Sheet. The purpose of this request, for technical documentation
and/or price list, is required to demonstrate compliance of the product/service quoted and to allow a technical
evaluation of the product/service and verification ofa true savings to the State of Florida agencies and other
Eligible Users,
Delivery and Shipping
Prices quoted shall include all charges for packing, handling, freight, distribution, and inside delivery,
Transportation of goods shall be FOB Destination to any point within the State of Florida, Delivery and
shipping and handling charges are to be prepaid and added to invoice as a separate invoiced item, State of
Florida agencies and other governmental Eligible Users are encouraged to contact vendor for estimated charges
before placing order, and prior to issuing purchase order; to obtain delivery and shipping and handling charges,
Delivery shall be made to the ordering State of Florida agency or other governmental Eligible User, 15 to 30
days after Customer places an order and upon receipt of purchase order, or as agreed, A vendor. within five (5)
days after receiving a purchase order, shall notify the Customer of any potential delivery delays, Evidence of
inability to deliver, or intentional delays, shall be cause for Agreement cancellation and vendor suspension,
Technical Documentation & Price List
All products/services quoted must meet or exceed all requirements of this cQuote, The vendor must provide a
scanned copy or a websitc of their current catalog and price list, exhibiting an effective date, and a discount to
be listed for each quoted response on the Price Sheet. The purpose of this request, for technical documentation
and/or price list, is required to demonstrate compliance of the product/service quoted and to allow a technical
evaluation of the product/service and verification ofa true savings to the State of Florida agencies and other
Eligible Users,
Purchasine C~lr'Lh~l~m
The State has im:)!ell1cI'ted a purchasing card program through the Bank of America, using the VISA network,
mdors will rcceiw payment from the purchasing card in the same manner as other VISA purchases,
",ccordingly, vendors must presently have the ability to accept VISA or take whatever steps necessary to
implement the ability betl)re the start of the Agreement term, The State reserves the right to revise this program
in conjunction with implementation of an on-line procurement system, VISA acceptance is mandatory but is not
the exclusive method of p3yment. Please indicate your ability to accept VISA in the space provided on the
Ordering Instructions page of the eQuote,
When an ordering State agency makes a purchase using the State Purchasing Card as method of payment, the
language in paragraph 7, Transaction Fee, on the attached form PUR 7722 does NOT apply, When the State
Purchasing Card is not used as a method of payment, or a purchasing card other than the State Purchasing Card
is used, paragraph 7 DOES apply,
If A2reement is Awarded
Award will be made to the lowest responsive and responsible vendor(s) who offers the highest discount from
their list price, resulting in the lowest net cost (Discounted SPA Price) to the State of Florida agencies and other
governmental Eligible Users, Possible Eligibility for Award will be based on the Vendor's submission of their
eQuote response for Laserfiche 2006 as depicted in this document.
Vendors may rcspond and receive awards in all geographic districts (regions) or statewide, as depicted on the
enclosed map, The district response shall be at the vendor's option (discretion), Please indicate your choice(s)
in the box shown with the District Map. All other provisions of this document shall prevail.
'esent or Current SPA Expiration
,a result of this eQuote, the new Agreement, if Awarded, will replace the present or current Agreement upon
its expiration, if onc exists,
Questions
If you have questions regarding how to use the eQuote tool (i,e" review a quote, submit a supplier response,
download an attachment, ctc,), please contact the MyFloridaMarketPlace (MFMP) Customer Service Desk at 1_
866-352-3776 or at VendorHclp(wmvfloridamarketplace,com,
If you have qucstions pertaining to the content of this eQuote document, please contact the agency contact
pcrson Kimbcrly Jones at telephone 1-850-488-7996 or email at KimbcrlvJones@dms,mvflorida,com,
PRICE SHEET
~' - -,------
Percent discount
List Price From Price List SPA Price
..------ -
-.. -
Laserfiche United - Electronic Document
Manavement Svstem for MS SOL Server
LFS30 $6,600 12% .._-~.""--
$5,808
LFS30R $1,980 12% $1.742
,-- -, -----
- .------" 1-----------
Laserfiche Enterprise - Electronic Document
Mana2ement
Svstem lun to 15 databases) .._-"'-
- "'~
LFS40 $21,000 12% $18,480
LFS40R $6,300 12% --
- $5.544 ..,--
-- ~------- ...----- ----, -----
Laserfiche Records Mana2ement Edition ----~
-
LFS35 $21,000 12% $18,480 --
LFS35R $6,300 12% $5,544
-
Laserfiche Enternrise-Records Manapement Edition -,
lun to 15 databases) --
- - ---_..~
LFS45 $35,000 12% $30,800
___._~n -------- --
LFS45R $10,500 12% $9,240
'_m_ -
- _H_m _._~._.-
Laserfiche User License
..__m__
Read Write of Full Clients
--
LFULL $550 12% $484
LFULLR $165 12% $145
$100 ,-
LFPS 12% $88 ,,-"'-
~--,~._--
LFPSR $30 12% lli
___....____n.._ .--~ ---
LFPDS (?) $45 12% $40 ---
___..0---- --
----- ----
RSPMP $80 12% ill -..--
RSPMPR $24 12% $21
- .. - -- .-----'-----
--~ ,-
Read Only or Retrieval Clients - Email Module
reauired if
--
Retrieval or Read on Iv license installed on workstation --'-~
LFRR $220 ,-- 12% $194 ..-------
$66 -----'
LFRRR 12% $58
.. ----- ~,-----~- ~
- .. ,--_..--- -
RSPMP $80 12% ....lli..._____
.,---...---.-" --- -
RSPMPR $24 12% $21
.. - .----- -- -
,,----- f-- - --- ,----"-- ----
Add Records Retention to the Laserfiche Electronic --....-- ----- -----'- ~
Document Manavement Svstem
- $3,500 -- ----- -- ,- -
RSRTI 12% $3,080
,--- -.--...- ,- -- - -- ,
RSRTlR $695 12% $612 ,
._---~- ------ 1--------"-'- ..----- - -~
-,- '----- -,------'- ----- -, --..-- I
Addin2 Databases to the Laserfiche Electronic _.-- - t----- -~-- - -,..-'-- ,-~--
Document Manavement Svstem IUnited & Enternrise)
-..-,-.-- - - --~
LFSA3 $3,000 12% $2,642 ,
_.-----...-.-..---- --- -- I
LFSA3R $900 t_L?_~~__--- $792
-~",-,'---"-- ---~ ,---_. -- -- --- -I
---..--..---.----...'.--.-.- L--~..___ --..----- -- .-- ---..---.......- ---- ---- J
I ----~"
Percent discount
List Price From Price List SPA Price
--.----
~-
Adding Databases to the Lascrfiche Records
Mana~ement
Edition {United & Entcrnri,e\
LFSA35 $4,000 12% $3,520
LFSA35R $1,200 12% ~
IntranetlInternet READ ONLY Access to Laserfiche
Document Manaoement for Laserfiche Standard
LF97830 $7,995 12% $7,036
LF97830UP $2,390 12% $2,103
RS2008 $1200 24% $912
IntranetlInternet READ WRITE Access to Laserfiche
Docnment Mana~ement for Laserfiche Standard
LFWA] $7,995 12% $7,036
LFWAIP $2,390 ]2% $2,]03
RS2004 $600 24% $456
Laserfiche Pins Plu~-in, CDR Publishin~-Laserfiche
data Viewer and search cup-ine on each disc
LF97840 $3,795 ]2% $3,340
LF97840R $],898 12% $1,670
Professional Services
'210] $150 24% $] ]4
I
RS2101 (Dossible dUDlicate ofabove(??)) $150 24% $114
Docnment Shuttle Pro~lntegrate existing data aDd
svstems
With Laserfiche such as data canture outnut
RSDSP $2,795 12% $2.460
RSDSPR $795 ]2% $700
RSDSL $],295 12% $1.140
RSDSLR $395 12% $348
RS2008 $150 24% $]]4
Laserfiche Team-Electronic Document
Manavement System Includes and'Dses Microsoft
MSDE database
LFS10 $2,250 ]2% $1,980
LFSI0R $675 12% $594
--"'---"~
Adding databases to the Laserfiche Electronic
Document
Manao-eme"t St:-~~!,f.l_,~J'S:.C!_}~
------ -----------
LFSAI $2,000 12% $1.760
--".-.----
LFSA I R $600 12% $528
-.----- -..-
_n__ ---- - -------." -
1,aserfiche\','I};' Pfi ! ' '-',,0) '1 ;', ~ Laserfiche
}rkflow (~:i),t,
......dite (Unite(L. '-,
LFWFS $15,000 12% $13.200
1-=--'-'-'--,--
LFWFSR $4,500 12% $3,960
-- ' -
Percent discount
----
List Price From Price List SPA Price
-
Adding Laserliche workflow License to the Laserliche -
Workflow Suite !United & Enternrise m_
LFWFAI $300 12% $264
LFWFAIR $90 12% $79
-,
Laserliche Entrv Level Audit Trail for the Laserliche --
EDMS
-
LFWFS $2,995 12% $2,636
-
LFWFSR $695 12% $612
-
Laserliche Basic Audit Trail for the Laserliche EDMS
LF97870 $4,995 12% $4,396
- --
LF97870R $1,998 12% $1.758
-
..
Laserliche Advanced Audit Trail for the Laserliche
EDMS
-- --.. ,---
LF97871 $7,995 12% $7,036
,- -.----
LF9787IR $3,198 12% $2,814
___
Add Records Mana!!ement Edition to the Laserliche
Electrouic Document Manaoement Svstem -
LFRM2 $6,000 12% $5,280
,-,
LFRM2R $1,800 12% 1Llli. ------
Laserliche Imnort A!!ent for the Electronic Document -
Manaoement Systems ----
LFPI $1,495 12% $1.316
$395 "-,----
LFPIR $449 12%
---,---- -- --- ~--------
Laserfiche Integrator's Toolkit for the Electronic
Document
Manaoement Svstem --
LF978 5 8 $2,500 12% $2.200
- .. ,---"------
LF97858R $1,000 12% $880
-,----
Laserliche Ima!!e Exnress ESRI GIS for the Electronic -
Document Manapement Svstem - ..,-
LFIX $2,495 12% $2,196
LFIXR $795 12% $700 --
---
DISCONTINUED ---
LFIXGIS DISCONTINUED ..--
- -.----- ..--
LFIXG1SR DISCONTINUED ,--
- -
- - ---- ------,...-' ,,---
Image Integration for ESRI GIS ARCIMS and
Laserfiche -~--- ,------
Weblink - -
LFAIMSGIS $3,500 12% $3,080 --
- - ._---~---
LFAIMSGISR $895 12% $788 -
-,- .__.--~
Any additional products not listed above will be provided to the user at no less than thc discount offered abovc,
Additional LaserJiche ED\lS Items
f- ~-- ."---------
Percent discount
------ ---.-.
List Price From Price List SPA Price
------.-..-
,-------
Laserfiche S"n"Co!l;lCd - scanner software
drivers for workst:Jt:<m
._---.',--._--- $99
ScanConnect Drivers, single v;ork::lation license 12% $87
Scan Connect Drivers:Jivc r?_~ick c>fworkstation licenses $400 12% $352
Scan Connect Dri"'-~.I~<;~~'p_ack of workstation licenses $550 ]2% $484
_.~--------
Intranetllnternet READ ONLY Access to Laserliche
Document Manae:ement for .Laserfiche Enterprise
LF97831 $] 5,995 12% $14,076
LF97831R $4,750 12% $4,180
Intranet/lnteruet READ ONLY Access to Laserliche
Document Mana2:ement for Laserfiche Enterorise
LFW A2 $15,995 12% $14,076
LFW A2R $4,750 12% $4,180
Additional Weblink Standard Reoositorv
LF97830A $1,250 12% llJ.QQ
LF97830AR $375 ]2% $330
Additional Weblink Enlerprise Repositorv
LF97831A $1,250 12% $1,] 00
LF97831 AR $375 12% $330
ditional WebAcccss Standard Reoositorv
LfWAIA $1,250 12% llJ.QQ
LFW I AR $375 12% $330
Additional WebAccess Entemrise Reoositorv
LFW A2A $1,250 12% llJ.QQ
LFWA2AR $375 12% $330
Addin2 databases to the Laserliche Standard Records
Mana~ement Edition
LFW A2A $3,000 12% $2,640
LFW2AR $900 12% $792
Addinl! databases to the Lascrfiche Enterorise Records
Manal!ement Edition
LFWA45 $3,000 12% $2,640
---'--
LFW A45R $900 12% $792
.--.------
_.._----_..__._~-------
Laserfiche Unit('(J - EIl'ctrnnic Document Manaf!ement
Svstem for Orn ( l ~ -- . ------ -----
LFS50 $15,000 ]2% $13,200
---- - -._---
LFS50R $4,500 12% $3,960
----------
-
Addin~ dalal; . 'cr'<ted - Electronic
Document 1\1_;_ [' fJracle
- r.SA5 $4,000 12% $3,520
5A5R $1,200 J2% $1,056
--
Additional Laserfichc EDMS Items
Percent discount ,---,-
-- -
List Price From Price List SPA Price
Laserfiche ouick Fields Data Caoture -
LFQF $495 12% $436
LFQFR $149 12% illl
Laserfiche Annotation/Bates NumberinQ
LFQF-6 $495 12% $436 ---
..
LFQF-6R ~49 12% $131
--" -----
,- -
Laserfiche Bar Code
LFQF-4 $1,495 12% $1.316
LFQF-4R $449 12% $395
-----.
Laserfiche Document Classification ,- ----- -- --
LFQF-9 $4,995 12% $4.396
..
LFQF-9R $1,499 12% $1.319
- ..---
Laserfiche Forms Combo (includes QF-3, QF-9, QF-IO,
OF-ll, OF-IS, OF-16\
LFQF-CI $9,995 12% $8,796 -
LFQF-CIR $2,999 12% $2,636 ---
Laserfiche Forms Reaistration -- ~-_._--_._-
LFQF-lO $2,495 12% $2.196
LFQF-l0R $749 12% $659 ---
Laserfiche Ootical Mark Recoonition --~-- - ---,-"-
LFQF-l1 $2,495 12% $2.196
LFQF-IIR $749 12% $659 ,------
Laserfiche Pattern Matchino ----- -,.._-_.,-
LFQF-12 -- $495 12% $436
--,----
LFQF-12R - .---.,- $149 ~---- $131
- -.-_.~
- ,---
Laserfiche Quick Fields Aeent .---- .-.------_.. -- -.---
LFQF-14 $9,995 12% $8,796
.-.---- --.-' .--..
LFQF-14R $2,999 12% $2,636 ..---------
- ----.. -
Laserfiche Forms Identification ,---
.., - -_...._---
LFQF-15 $2,495 12% $2,196
LFQF-15R $749 12% $659
--'--- -
Laserfiche Forms Extractor
LFQF-16 $2,495 12% $2,196 .,--,--
.--'- ,--
, LFQF-16R $749 12% $659
---..------.-
Laserfiche Real Time Look Un --,_.'_.. ,----
LFQF-5 $495 $436 --..----"-----
12% --
LFQF-5R ..
$149 12% $131
---.. .---....---.-..----
- - -- --- j---- - ,---
Laserfiche Zone OCR
.--- .-.-_.----- -- - -- -
LFQF-3 $2,495 12% ~196 ----
,----- ---- -----
LFQF-3R ".E49 12% $659
~-'----- ---_.---- .,..---.--....-"- ---- --......-,
SA VINGSIPRICE REDUCTIONS
Laserfiche 2006
Respondent is required to furnish the percent (%) savings in prices offered in this eQuate compared to retail, list,
published or other usual and customary prices that would be paid by the purchaser without benefit of an
agreement resulting from this eQuate,
DA TE 02-22-2006
COMPETITIVE PRICES OFFERED AVERAGE Software 12+% - Services 24 +% SAVINGS,
HOW CAN WE VERIFY THE CLAIMED SAVINGS (example: retail or other usual and customary prices
published at (url), or other source of benchmark prices)?
\vw\v.rsoasis.com
.Note: All priccs are complete and include All deliverv costs.
^ UTHORIZED SIGNATURE:
(optional)
TELEPHONE NUMBER: 863-709-8044
RESPONDENT NAME: Deanna Porter
(typed or printed)
COMPANY NAME: R&S Integrated Products & Services, Inc,
(typed or printed)
Do Not Write in Area Below:
IF AGREEMENT IS AWARDED, STATE PURCHASING ANAL YST/SPECIALISTIAGENT TOOK THE
FOLLOWING STEPS TO VERIFY SAVINGS:
IA T WER:
, "7
I,'),
PURCIIAsn,(
'ECIALISTI AGENT:
Orderine: Instructions
for
Laserfiche 2006
VENDOR COMPANY NAME: R&S Integrated Products & Services, Inc,
VENDOR NUMBER / FEIN/FEID: 59-3209124
eOuote/ Agreement Administration
Please identify the person who will be responsible for administering the Agreement on your behalf if award is
made, and include an emergency contact phone number:
Name: Deanna Porter
Title: Corporate Secretarv
Street Address: 3816 Industrv Blvd
Email Address:sales(iVrsoasis.comordeanna(iVrsoasis.com
Phone Nwnber(s): 863-709-8044 or 800-508-9609
Fax Number: 863-709-8330
If the person responsible for answering questions about the agreement is different from the person identified
above, please provide the same information for that person,
Name: N/A
Title:
Street Address:
Email Address:
Phone Number(s):
Fax Number:
Direct Orders
Please provide the following information about where the Customers should direct orders, You must provide a
regular mailing address, If equipped to receive purchase orders electronically, you may also provide an Internet
address,
Street Address or 1',0, Box: 1',0, Box 3585
City, State, Zip: Lakeland, FL 33802-3585
Phone Number: 863-709-8044
Toll Free Number: 800-508-9609
Ordering Fax Number: 863-709-8330
Internet Address: http://www.rsoasis.com
Federal ID Number: 59-3209124
Remit Address: P,O, Box 3585
City, State, Zip: Lakeland, FL 33802-3585
Email Address:sales@rsoasis.comordeanna(a).rsoasis.com
X WILL ACCEPT THE STATE OF FLORIDA PURCHASING CARD (VISA)
Attach additional addresses for all locations in Florida authorized to perform services under this
agreement. All locations must be registered in MvFloridaMarketPlace,
VENDOR q, :
\!'JE: R&S Intel!rated Products & Services, Inc.
, IJTHORIZ[.;;) I:E,\L:;,L~'L12ISTRIBUTORS AND/OR SERVICE REPRESENTATIVES LOCATIONS:
FOR
Laserfiche 2006
LIST BELO'N CO-';TACT INFORMATION FOR ONE OR MORE FLORIDA REPRESENTATIVES,
INCLUDING ~.l AiL1~'iG AND EMAIL ADDRESSES, AND TELEPHONE NUMBERS.
COMPANY NAi\lE
STREET AND EMAIL ADDRESSES, & PHONE
R&S Integrated Products & Services, Inc provides for ALL areas in the State of Florida (statewide)
EMERGENCY SITUATIONS
Emergency situations, resulting from events such as natural disasters, may reqUire immediate supply of
commodities and services to various government entities,
If your firm is capable and willing to supply item(s) offered in tbis eQuate during an emergency, please complete the following:
EQUOTE / AGREEMENT TITLE Laserfiche 2006
CONTACT PERSON NAME (24 HOURS)
Deanna Porter
EMERGENCY TELEPHONE NUMBER 287-8713 , 863-287-5530, 863-287-1586
PAGER TELEPHONE NUMBER 287-8713,863-287-5530,863-287-1586
CELLULAR TELEPHONE NUMBER 863-287-8713 , 863-287-5530, 863-287-1586
ANSWERING SERVICE/AFTER HOURS TELEPHONE NUMBER 863-287-8713 or 863-709-1200
The above information will be used by this office should the State of Florida determine an emergency situation
exists,
VENDOR COMPANY NAME:
R&S Integrated Products & Services, Inc.
~\'\"YO"
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,
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VI.-CONSENT AGENDA
CITY OF BOYNTON BEACH ITEM B.3
AGENDA ITEM REQUEST FORla
Requested City Commission
Meelin~ Dates
Date Final Form Musl be Turned
iT! to Cirv Clerk's Office
Requested City Commission
Meet!n!! Dates
Date Final Form Must be Turned
i_n to City Clerk's Office
o Ap,iJ 4,2006
o Apn118, 2006
March 20, 2006 (Noon.)
o June 6, 2006
o June 20, 2006
May 15,2006 (Noon)
April 3, 2006 (Noon)
June 5, 2006 (Noon)
o May 2, 2006
rgJ May 16,2006
April I?, 2006 (Noon)
o July 5, 2006
o July 18,2006
June 19,2006 (Noon)
May 1,2006 (Noon)
July 3, 2006 (Noon)
NATURE OF
AGENDA ITEM
o Administrative
rgJ Consent Agenda
o Public Hearing
o Bids
o Announcement
o City Manager's Report
o Development Plans
o New Business
o Legal
o Unfinished Business
o Presentation
RECOMMENDATION:
Motion to approve the purchase of the HTE,'s NaviLine series of software application in the amount of$45,703,50 from
ITS, Computer Software Account #001-1 510-513-64-14,
EXPLANATION:
HTE, is the city's enterprise application that supports the city's financial systems; the Utilities Department's meter reading
and water billing processes; Public Works' fleet management; Development's permitting, occupational licensing and code
compliance applications, The NaviLine product offers an upgrade that takes advantage of a graphical interface that provides
greater ease for accessing the data in the system, Staff will be able to navigate the screens with the same feel and functionality
ofa PC windows browser, thus allowing faster access and responses to data inquiry. Some of the benefits include:
. Added functionality with links to e-mail
. Ability to export charts to Word and Excel (extremely helpful in preparing budget and reports)
. Provides pop up calendars for quick date selection.
PROGRAM IMPACT:
The NaviLine suites reduce the H,T,E, yearly maintenance by $23,765,00 per year. This is in part due to the change in
technology of utilizing the reliable browser application. With the reduction in yearly maintenance, the return on investment
will be 2,12 years,
FISCAL IMPACT:
Future maintenance cost of the H,T,E, system will be reduced by 20%, Funding for this was approved in the I.T,S, FY 05-06
budget in the amount of$85,OOO,
ALTERNATIVES:
Do not upgrade to the I test version of the application suite to take advantage of the aster response time and continue to pay
h~ maint ce cost.
Pe r Wallace, Director 0 ITS,
formation Technology Services
S:\BULLETIN\FORMS\AGEND/\ ITEM REQUEST rORM.DOC
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anagement
Track complaints and requests, create department work orders, manage your facilities, and
performs job costing functions with the SunGard HTE Work Orders/Facility Management ap-
plication,
Benefits
.
Automates customer notification
concerning the status of
requested work,
Saves time by automating preven-
tive maintenance scheduling,
Improves collections by providing
a mechanism for billing customers
through the SunGard HTE
Accounts Receivable software
application,
Enhances and automates interde-
partmental requests and billing,
Streamlines cost accounting and
billing functions by automatically
retrieving actual costs from the
general ledger for work-related
labor and materials charges,
Notifies supervisors immediately when certain types of requests are received,
Provides a customizable system for recording and maintaining facility information,
Conforms to your procedures by enabling departments to customize their requirements
for the information on work requests directed to them,
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Features
Departmental information, security, and contro/- Determine security by user or user group
for every function in Work Orders/Facility Management, All menus and menu options are
secured and can only be accessed by authorized personnel. Protect the information for each
department or division using department-level security, The inquiry features for work re-
quests and facilities are available to all users, as needed,
Each department can also customize the request category codes that control the following
tasks when the system processes a work request:
. Automatic notification - Notifies a user or list of users immediately when a work request
is entered for a specific department,
. Required information - Requires specific information on a work request before Work
Orders/Facility Management assigns it to your department,
-....'
Page 1 of7
1000 Business Center Drive. Lake Mary, FL 32746
{BOOl 727-8088 . www.sungard.com/hte
Customer Information System (Utility Billingl
Handle a full range of utility services, such as electric, water, and gas, with the
SunGard HTE Customer Information System, The flexibility of the Customer
Information System application lets you tailor the application to meet your business
needs and operational requirements, You can streamline your daily operations by
automating such tasks as customer and location maintenance; bill, delinquency,
penalty, refund, write-off, and meter reading processing; and charge calculation
for flat and metered rate services,
Benefits
. Improves customer service by
providing immediate access to all
customer account information.
. Allows exception billing, which
eliminates the need to postpone
or delay billing,
. Enables you to add services as
needed to respond to customer
and market requirements,
. Saves time by automating service
order creation and tracking,
. Improves efficiency by allowing
you to electronically transfer
information between hand-held
meter reading units and the
Customer Information System application,
Features
Monetary and consumption history - Retain a history of all customer account
charges, adjustments, payments, meter readings, and consumption,
User-defined services - Define and set up an unlimited number of utility services
for your organization,
Meter inventory processing - Track information about meters, including meter
size, meter manufacturer, and number of dials, Meter testing and repair histories
are available with the ability to track meters in groups for mass inspection,
Metered and flat rates - Set up multiple rates for all types of services and classes,
You can create rates based on actual usage, set dollar amounts, or both, You can
also maintain flat, metered, and one-time charge rates, In addition, you can pro-
rate charges for a service.
Delinquency processing - Set up delinquent dates, track unpaid charges, and print
delinquency notices and cut-off lists on the specified date, You can set up exemp-
tions, extensions, and detailed customer payment plans,
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Page 1 of 6
1000 Business Center Drive. lake Mary. Fl 32746
(BOO) 727-8088 . www.sungard.comlhte
~'.~.~~,','-,'..~,}'I~~. SUNGARD HTE' PUBLIC SECTOR SOLUTIONS
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LGroute
Available Now
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SlIIIIINID"HTE. PUBUC SECTOR SOLUTIONS
Page 1 of 1
1000 Business Center Drive. Lake Mary. FL 32746
(800) 727-8088. www.sungard.com/hte
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VI.-CONSENT AGENDA
ITEM 8.4
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meetinl!Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
D April 4, 2006 March 20, 2006 (Noon.) D June 6, 2006 May 15,2006 (Noon)
D April 18, 2006 April 3, 2006 (Noon) D June 20, 2006 June 5, 2006 (Noon)
D May 2, 2006 Apdl17,2006 (Noon) D July 5, 2006 June 19, 2006 (Noon)
[8J May 16,2006 May 1,2006 (Noon) D July] 8, 2006 July 3, 2006 (Noon)
D Administrative D Development Plans
NATURE OF [8J Consent Agenda D New Business
AGENDA ITEM D Public Hearing D Legal
D Bids D Unfinished Business
D Announcement D Presentation
D City Manager's Report
RECOMMENDATION: Motion to approve awarding Madsen/Barr Corp, of Lake Worth Florida the task of executing an
emergency repair of an existing 30" raw water main located at the West Water Treatment Plant that is leaking at the sulfuric
acid injection point. The total expenditure cost is $176,109.25
EXPLANATION: Procurement Services received a request from the Utilities Department to award Madsen/Barr Corp, of
Lake Worth Florida the task of executing an emergency repair of the 30" raw water main located at the West Water Treatment
Plant. MadsenlBarr was the lowest of (3) three quotes and will be tasked with removing the existing vault that houses the
sulfuric acid injection line and a section of the damaged 30" pipe, replace vault with a new structure, new pipe and restore the
excavation site, Globalteck, Inc, of Boca Raton, Florida, engineer for Madsen/Barr Corp" has a Task Order (U04-1O-06) that
has been approved for engineering services for this project, The total repair cost is $176,109,25,
PROGRAM IMPACT: The West Water Treatment Plant has an existing 30" raw water main that is leaking at the sulfuric
acid injection point. The leak has been temporarily contained with a repair clamp and concrete collar and should be repaired
to standard operational condition as soon as possible, The 30" raw water main is the only line that supplies the WWTP with
water for treatment and distribution to the customers.
FISCAL IMPACT: MadsenlBarr's cost is $124,993,00, The Utilities Department will furnish the pipe materials for the
project through the Warehouse and the City's approved vendor, Ferguson Underground of Pompano Beach, Florida, Material
costs are $51,116,25,
Funds are available in the FY 2005/06 budget as follows:
Account Description
CIP R&R Water
CIP R&R Water
Account Number
403-5000-590-96-02
403-5000-590-96-02
Budget
$ 124,993,00
$ 51.1]6,25
$ ]76,109,25
ALTERNATIVE: Not to proceed with repair.
S:\BULLETINIFORMSIAGENDA ITEM REQUEST FORM,DOC
"u:
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Procurement Services
Department
s:\mJLLETIN\FORMS\^CiENIM ITEM REQUEST FORM.DOC
Memorandum
Utilities #06-078
From:
Bobby Jenkins
Assistant Finance Director, ~, >_ ~
Kofi Boateng ( ^. ~,~
Utilities Director ~ f
Jiz(o""-
To:
Date:
May 2,2006
Subject:
Emerqency repair - 30" Raw Water West Water Treatment Plant
Agenda Item
The West Water Treatment Plant ryvwTP) has an existing 30" raw water main
that is leaking at the sulfuric acid injection point. The leak has been contained
temporarily with a repair clamp and concrete collar. The 30" raw water main is
the only line that supplies the VWl/TP with water for treatment and distribution to
the customer.
The Utilities Department recommends Madsen/Barr Corp, of Lake Worth Florida.
Madsen/Barr was the lowest of 3 quotes, Madsen/Barr will remove the existing
vault that houses the sulfuric acid injection line and a section of the damaged 30"
pipe, replace the vault with a new structure, new pipe and fittings and restore the
excavation site, Globaltech, Inc, of Boca Raton, Florida, has a Task Order (U04-
10-06) that has been approved for engineering services for this project.
Madsen/Barr's repair cost is $124,993,00, The Utilities Department will furnish
the pipe materials for the project through the Warehouse and the City's approved
vendor, Ferguson Underground of Pompano Beach, Florida, Material costs are
approximately $51,116,25,
Total repair costs are $176,109,25, Funds are available in
account # 403-5000-590-96,02, WTR 017,
Please present this at the next City Commission meeting for approval, If you
have any questions please contact Dan Spooner at ext 6437,
Xc: Michael Low
Peter Mazzella
Tony Lombardi
Dan Spooner
Barb Conboy
File
Dee cbo lit .I.. C; UJa
1'" L
, ,
mADSEN IBARR C~RPORATI~N
r ., . ,
Engineering Contracto~ . Sewer, . Water . Drainage
lroward: (954) 489-7773' Palm Beach: (561) 753-6363. Fax: (561) 753-63~2
REVISED PROPOSAL...: APRIL 13.2006,
PROPOSAL - APRIL 3, 2006,
TO:
CITY OF BOYNTON BEACH
UTILITIES DEPARTMENT,
MR, DAN SPOONER.
MADSEN/BARR CORPORATION, JOHN B~,
ATTENTION:
FROM
SUBJECT: CITY OF BOYNTON BEACH, !
WEST WTPRAW, WATER ACID FEIfD VAULjr and REPAIRS_
ENGINEER: GLOBALTE;CH, BOCA RATON, FLORIDA :
SCOPE: Mobilize, utility l~tions, notificatio~J, MOT, V~rifyfeJq)ose all
e~ utilities~ dewater ~ excavate ~xjsting 30-ini:b maiJ1 ~o verify ~ditiqn and
poSItIon, mlllntaIn excavation to safety standards for trench ~ sllT1'Ounfling area,
coordinate shutdown procedures with City of BoyntoIl Beach Personnel) shutdown of
system, remove existing 30-i~ mains rteeessary for ~epaiIsapd vault ~ation, install
new pipe and fittings (City Furnished) and Pre-cast V~t (MapsenfBa1-rrFutIDsled),
compact and support new installations, place system back inl$ service, Visually verify all
joints of new piping for leaks, ~J1, coinpact, density testsj restorati4n of siclewaJk,
asphalt, trees, light pole, sod and all; fml\l cleanup and demo~ilization, ,
FURNISH and INSTALL: ,
ITEM DESCRJPTION
1_)
2,)
3_)
4.)
5,)
6,)
7,)
8.)
9,)
10,)
11.)
Labor (8-man certified CreW)
Equipment (FleetlVehiclesIPmnpSfAlI)
Materials (Vault, Pre-ca$t 6'xI2'X8')
Materials (Rock, Asphalt, COnc~, Eic,)
Rentals (Barricades, Signage, EtC,)'
Rentals (Crane,Etc,) '. i
Sub-contractors (TJimsport, Densities, 'Etc. )
EngineeringiSupjXnt (Asbuilts, EtC.)
Consumable S~lies(Fuel, Oil,' Gas, Etc,)
Small Tools, Supplies
MISe.
: I J
UNlT UNljr PlUCE TOTAL
1$ j $ 56,785,00
~S .., $ '36,413,00
, EA. $12,760,00 $ 12,760_00
LS $ 8,350.00
L$ I. $ , 1,200,00
LS I $ , 2,25(),OO
LS ,. . 2,100.00
LS $ . 1,000,00
LS . $ r 1,610,00
LS $ i 525,00
LS $ ! 2,000,00
i I
**...........****~*.' $1:24,993,00
QUANTITY
1
TOTAL LUMP SUM COST ESTIMATE
NOTES:
I,) PERMITS' and/or FEES NOT INCLUDED, .
2.) .IMMEDIATE CREW A V A.j:..mILITY for SCl\EI)UUNG,
3,) PRE-CAST VAULT (Shop Drawings, Appro$ls, Production)
APPROXlMAELYSIX(6EA.)DAYS_ '
12113 Indian Mound Road, Lake Worth, Florida 33467 '
FRO~ :CHRZ EQUIPMENT CO" INC,
FRX NO, :5513332180
Rpr, 19 2006 04:30PM P2
lJi~'
3460 Fairlane FarmR Road
Sulte 8
, Wellington, FL 33414
l'I1one: 561.333-2109
Fax: 561-333.2180
-11.,.'
--'
March 30, 2006
~Iff 4J19)oj
Mr, Dan Spooner
City of Boynton Beach
124 E, Woolbright Road
Boynton Beach, FL 33444
Re: Proposal for emergency West WTP Raw Water Main vault replacement
via fax
Dear Mr, Spooner:
As requested, we are submitting a proposal for removing the existing vault and piping and
replacing same with new piping and vault per discussions in the field and generally per the
attac;hed sketches and material list furnished by your consultant, Globaltech, Inc,
The price below Includes removal and disposal of the existing vault and piping, Installation of
the new piping and vault and backfilV compact to -t/- ,2' of flnsh grade, The price excludes all
materials except for the vault and miscelfanoous "bag" goods and #57 stone required for the vault
installation, Also excluded Is any surface restoration required aftsr the installation and backfill to
+1- ,2',
The price is predicated on the fact that the City of Boynton Beach will shutdiwn their facilities In
order for Chaz Equipment to complete-the Installation. 'Art) J~ {Joe?
Total Lump Sum PlOpOllfll Amount ~"\ ~"/UlQ ~^
If the above is acceptable plea~ issue a Purchase Order to Chaz Equipment and we will preted L
eXpeditiously 10 complete the ~r1< for the City of Boynton Beach. Should you have any further
questions pie sa do not hesita'te to call.
~ ~/91DL -l!fJJJfM Il/iJ,J/,
~JfAl /-JaW ()!lA()/,,)tJ ffI-1 A,JO
t1-l 1M tW/j 1aJ,
Sincerely,
Gary ZBJ i, President
Chaz Equipment Co" Inc,
04/05/2006 14:54 FAX 9544257718
COASTAL PIPELINF
1410011001
. ,
JEFF LllilFER
, COAST ALipIPEL~E, IN~. i'
303iTIMMO~BLVDl,SUl'f~B I
OEERfIEI!.D BEACH, FLORIriA ~3442 i
TELEPHONE (9:;4,' ) 42$-7717 iFAX (9154) 42S-7hs,
STATE OF IlLO~... LICENSE # CU-cOS6917 !
. Cplco"slaI@aol.com : I
I
ROY,LIBFER
April 5, 2006
City of Boynton Beach
100 East Boynton Beach Blvd,
Boynton Beach, FL 33425
Fax 561-742-6298
Attn: Tony Lombardi
Re: 30" Water Main at West Water Treatmeht Plant
I
Tony:
"SOfTY", "Sorry", "Sorry", 'I '
We aTe sorry to be in this positiOn, but We cannot at this tim~ ~uote or ~cept any future work,
Our present work schedule will nbt allow it ! i
" ,
, ,
We hope this does not caU$e you or the Ci~~ any inconveniencerl or dama~e out relationship with
the City of Boynton Beach, . ! ,i
, " ", I i
, . t I
We look forward, as alwa~,lo the next opportunity 10 help the pty in ant way we can.
I ' . i
,
, ,
, '
, i
FROM :CHRZ EQUIPMENT CO" INC,
FRX NO, :5613332180
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FRqM :CHAZ EQUIPMENT CO, , INC, lPV
FAX NO, :56133321810 Apr. 19 210106 04:30PM P4
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Price Quotation # B74300
FEI-POMPANO BEACH WW #125
2361 N,W, 22ND STREET
POMPANO BEACH, FL 33069-1394
Phone: 954-973-8100
Fax: 954-960-0095
Bid No.......:
Bid Date..,:
Quoted By:
Customer.:
B74300
04/03/06
1M
CITY OF BOYNTON BEACH
A TTN: FINANCE DEPT
PO BOX 3 10
100 E BOYNTON BEACH BLVD
BOYNTON BEACH, FL 33435
Cust Phone:
Terms.........:
Ship To..,....:
561-742-6317
NET lOTI! PROX
CITY OF BOYNTON BEACH
A TTN: FINANCE DEPT
PO BOX 310
100 E BOYNTON BEACH BL YO
BOYNTON BEACH, FL 33435
RAW WATER REPAIR
Cust PO#..:
Job Name,:
Item Description Quantity Net Price UM Total Customer Code
LARGE DIAMETER PIPE
SP-FFSP2410 24"XIO' FXF 316 SS W/2 1.5" TAPS I 17500,000 EA 17500,00
SSFAP24 24 SS FLG ACC PKG 2 922,355 EA 1844,71
DISF2424 'CVR' 24X2 IT 0 DI FLG SPL 2 750,000 EA 1500,00
FBRP4LA30224 30X24 MJ CliO P-401 RED L/A 2 2800,000 EA 5600,00
EI124 24 MEGALUG F/ DI 2 217,228 EA 434.46
MJAPLG24S 24 MJ ACC PKG L/ GLAND 5 BOLT 2 431.175 EA 862,35
EI130 30 MEGALUG FI DI WI EBAA SEAL GSKT 2 570,885 EA 1141.77
MJ AP3 0 30 MJ CI53 ACC PK 2 1164,880 EA 2329,76
AIT53PP430 30 CL53 P-401 DI FASTITE PIPE 40 250,000 IT 10000,00
P880PL30 'CVR' #880 SDL SUPPORT 30 2 3000,000 EA 6000,00
24" 316 SS PIPE SUPPORT 12"-24"
SUBTOTAL 47213,05
SMALL DIAMETER PIPE
VFOl413SSTAJ 1-112316 SS 150# FPFLG BV 2 200,000 EA 400,00
DS6LRFTFJ 1-112 SS 316L 150# RF THRD FLG 2 50,000 EA 100,00
DS46NJCL 1-112XCLOSE SS SCH40 316 NIP 2 5,000 EA 10.00
DS6TBSPI14JG 1-112XI SS 316 150# THRD BUSH 2 25,000 EA 50,00
SS304FAPJ 1- 112 SS 304 FLG ACC PGK 4 20,000 EA 80,00
316
SUB TOT AL 640,00
I" ACID CPVC
CP80PG IX20 CPVC SCH80 PIPE 20 250,000 C 50,00
PSBCVVG I PVC THRDISOC VITON BALL CHK VL V I 200,000 EA 200,00
CPVC FLG
AIOl301O I CPVC TIU BV VITON 2 125,000 EA 250,00
FLG
CP80VSSFG I CPVC SC1I80 V AN STONE SOC FLG 8 8,000 EA 64,00
CP80SUVG I CPVC S80 SXS VITON UNION 2 10,000 EA 20,00
CP80S9G I CPVC SCIl80 SXS 90 ELL 6 5,000 EA 30,00
CP80SUVG I CPVC S80 SXS VITON UNION 12 10,000 EA 120,00
CPMAG I CPVC CTS MALE ADPT 2 5,000 EA 10.00
--
0UDIVI/'LL
4" FRP CONTAINMENT PIPE
F8326040AB 4 CONT AfN IT PIPE SLD--20 FT LGTI IS 40 10,000 fT 400,00
F4606040 490 DEG ELL SPL T CONTAIN IT 4 90,000 EA 360,00
F4686417 4X I CONTAIN IT X IPS CENTRALIZER 12 20,000 EA 240,00
F4628417 A 4X 1 FLEX I PC TERM FTG WI SS CLMP 2 100,000 EA 200,00
F4629040 4 SXS STD COUP SPLT CONTAIN IT 2 75,000 EA 150,00
F4694200 MANU INJECTION GUN SYS II I 350,000 EA 350,00
F4694203 MIX TIP TWO PART ADHE CONTAIN IT 2 5,000 EA 10.00
F4693 104 4 DRlLL BITS I 50,000 EA 50,00
F4694202 ADHE CART SYS II CONTAIN IT 2 55,000 EA 110,00
SUBTOTAL 1870,00
MISCELLANEOUS
SP-316SSUNIK 316 SS UNISTRUT 10FT 20 12,000 EA 240,00
SSHHBEK 5/8X2 SS H/HEAD BOLT 12 2,000 EA 24,00
SSHHBEM 5/8X3 SS IIIHEAD BOLT 12 2,000 EA 24,00
SSHHNE 5/8 SS I-llHEAD NUT 24 0,500 EA 12,00
SSFWE 5/8 SS FL T WSHR 24 0,300 EA 7.20
030795 16 OZ ALL PRPS CLR CLNR 4 5,000 EA 20,00
030806 32 OZPURPPRMRI CLNR 4 8,000 EA 32,00
031149 32 OZ CPVC INDU GRAY CMNT 4 35,000 EA 140,00
SUBTOTAL 499,20
Net Total:
Tax:
Total:
5/1 /2006
'-
51116,25
0,00
51116,25
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORlYI
VI.-CONSENT AGENDA
ITEM C.1
Requested City Commission
McetingDat~:?:
Date Final Form Must be Tumed
in to City Clerk's Offil.:c
Requested City Comrmssi(1)
Meeting Dates
Dale Fin:J] Form Must he Tumed
in 10 C)lyjJcrk's ()m~t;
0 April 4, 2006 March 20, 2006 (Noon.)
0 April 18, 2006 April 3, 2006 (Noon)
0 May 2, 2006 April 17, 2006 (Noon)
[::;;;] May 16, 2006 May],2006 (Noon)
D June 6, 2006
o June 20, 2006
o July 5, 2006
D July 18,2006
May 15,2006 (Noon)
June 5. 2006 (Noon)
, .~. -..-.-1
,- .~
June] 9, 2006 (Noon)
July 3, 2006 (Noon) f"j
-0-:
':::.
0 Administrative 0 Development Plans t.,"'
NATURE OF [::;;;] Consent Agenda 0 New Business ".) ~l;-;
--' ;.;.'
AGENDA ITEM 0 0 -'.--.
Public Hearing Legal
0 Bids 0 Unfinished Business
0 Allliouncement 0 Presentation
0 City Manager's Report
RECOMMENDATION: Authorization to rescind the inter local agreement with Palm Beach County Building Division to
return the Collection of County Impact Fees to the City of Boynton Beach Building Divisioll.
EXPLANATION: At the September 7th, 2004 Commission meeting an interlocal agreement was approved that authorized
the return of the collection of County Impact Fees to the Palm Beach County Building Division. This was done at the time in
an effort to reduce the workload of Building Division Staff. The City continues to experience rapid gro\Vih which has resulted
in the addition of staff to the Building Division. In addition the workload relief that was sought from the transfer to the
County did not occur as the Building Division had to continue to do research and supply the County with updated information
regarding any existing use credits. At this time the City is in a position to resume these duties and benefit from the percentage
of the monies collected.
PROGRAM IMPACT: Contractors and residents applying for building and site improvement permIts subject to Palm Beach
County Impact fees will no longer have to make a separate trip to the Palm Beach County Building Division in order to pay
these fees, They will be paid when the applicant submits their applications at the City of Boynton Beach,
FISCAL IMP ACT: The City's administrative reimbursement of County fees is equal to 2% of the fees collected,
ALT'RNAnV"" CO" "". ,,,"W '"" C~"N" "'""'"',," om; W'k~
City Manager's Slgnature
-W;IltA~e.~
Building Official
City Attorney / Finance / Human Resources
S:\BULLETIN\FORMS\ACiENDA ITEM REQUEST FORM,DOC
Cnrl-.
1 RESOLUTION NO, R06-
2
3
4 A RESOLUTION OF 'I'm: CITY OJ<' BOYNTON
5 BEACH, FLORIDA, PROVIDING NOTICE OJ<'
6 TERMINATION OF AN INTERLOCAL
7 AGREEMENT WITH PALM BEACH COUNTY,
8 FLORIDA, CONCERNING THE COLLECTION
9 OF COUNTY IMPACT J<'EES; AND PROVIDING
10 AN EFFECTIVE DATE.
11
12
13 WHEREAS, the Board of County Commissioners of Palm Beach County, Florida,
14 adopted countywide impact fees in August] 989; and
15 WHEREAS, countywide impact fee regulations allow a municipality issuing
16 development orders to require direct payment of impact fees to the County pursuant to an
17 lnterlocal Agreement; and
18 WHEREAS, the City of Boynton Beach entered into such an lnterlocal Agreement
19 with Palm Beach County, Florida, on October 19,2004 (R-04-149); and
20 WHEREAS, the lnterloeal Agreement provided that either party may tcmlinate the
21 agreement with thirty days' written notice to thc other party; and
22 WHEREAS, the City of Boynton Bcach dcsires to terminatc thc Interlocal
23 Agreement pursuant to the provision cited above,
24 NOW, THEREFORE, BE IT RESOLV~:D BY THE CITY COMMISSION OF
25 THE CITY OF BOYNTON BEACH, FLORIDA THAT:
26
S.ectiOlU
The foregoing "\Vhereas" clauses arc hereby ratified and confirmed as
27 being true and correct and are hereby made a specifiC part of this Resolution upon adoption,
The City Commission of the City of Boynton Beach hereby provides
28
Section 2,
29 notice of tennination of the Interlocal Agreement with Palm Bcach County, Florida, concerning
S:'{'/\\RESO',Temlill:ll<: IIJ\ wilh (:mlllty (illlpart fccsJ_dol
1 collection of County impact fees as described above, Termination shall take effect thirty (30)
2 days following the effective date of this Resolution,
3
Section 3,
The City Commission hereby authorizes the Mayor, City Manager and
4 City Clerk to execute any documents and to take any actions consistent with the intent of this
5 Resolution,
6
Section 4,
This Resolution shall take effect immediately upon passage,
7
PASSED AND ADOPTED this _ day of May, 2006,
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
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CITY OF
FLORIDA
BOYNTON BEACH,
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
ATTEST:
City Clerk
(Corporate Seal)
S,\CA\RESO\Temunate lLA with County (impact lees)_uoc
Page I () r 1
Bucklew, William
From: Swanson, Lynn
Sent: Wednesday, April 26, 2006 8:17 AM
To: Bucklew, William
Subject: RE: Resolution Required
Hi Billl
Sure thing' The process is that the Legal Department gets a copy of the Agenda Item on the Thursday (by 5,00
p,m.) BEFORE it goes to the Clerk on Monday, So that means for May 16th, I need a COPY of the agenda item
this Thursday, April 27th, and you will then take your original to the Clerk on Monday, May 1 st We prepare the
Resolutions from your agenda items and bring them to the Clerk for the package, If you have any other
questions, please feel free to call....and Weicome'
Lynn Swansol1
Lel{al Assislam
('it\ O/,SO)111011 Beach
100 E. BOY/1IO/1 Beach Hive!.
HOV/1lo/1 Beach, FI. 33425
(561) 742-6053
(56/j 742-6054 - Fax
From: Bucklew, William
Sent: Tuesday, April 25, 20065:25 PM
To: Swanson, Lynn
Subject: Resolution Required
Hi Lynn,
i am Biil Bucklew, the new Building Official. Nancy Byrne has requested that I contact you regarding thiS Item
We have prepared an agenda item for the May 16, 2006 Commission Meeting that IS a request to reSCind the
interlocal agreement entered into with Palm Beach County Building division on September 7, 2004 that
transferred
collection of County impact fees to the County Building Division,
We are now in a position to begin collecting these fees again here in the City and I am requesting a resolution
to
rescind the interlocal agreement Can you assist us in preparing the resolution?
Thanks for your help,
Bill Bucklew
4/26/2006
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VI.-CONSENT AGENDA
ITEM C.2
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORlYI
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Fann Must be Turned
Meetin!! Dates in to City Clerk's Office Meetinl! Dates in to Citv Clerk's Office
0 April 4, 2006 March 20, 2006 (Noon.) 0 June 6, 2006 May 15, 2006 (Noon)
0 April 18, 2006 April 3, 2006 (Noon) 0 June 20, 2006 June 5. 2006 (Noon)
0 May 2, 2006 April 17, 2006 (Noon) 0 July 5, 2006 June 19,2006 (Noon)
[2] May 16, 2006 May I, 2006 (Noon) 0 July 18, 2006 July 3, 2006 (Noon)
0 Administrative 0 Development Plans
NATURE OF [2] Consent Agenda 0 New Business
AGENDA ITEM 0 Public Hearing 0 Legal
0 Bids 0 Unfinished Business
0 Announcement 0 Presentation
0 City Manager's Report
RECOMMENDATION: Commission Approval of Kawasaki Jet Ski Watercraft Loan Agreement between the City of
Boynton Beach and Motorsports of Delray (Congressional Personal Watercraft Loan Program), Details of this program were
arranged through Congressman E, Clay Shaw's office, The attached loan agreement is tentatively pending approval.
EXPLANATION: Kawasaki Motors Corp, USA has a program that loans watercraft to public safety agencies to aid in water
rescue activities during typical boating seasons. Boynton Beach Fire Rescue Department as been approved to receive one of
these watercraft devices for an eleven month period. The Jet Ski will complement our current dive rescue program. Given
the number oflakes and canals throughout the city, and the difference minutes and seconds can make in the successful rescue
of a potential drowning victim, access to this type of device is desirable,
PROGRAM IMPACT: Rapid access to those in distress in a body of water is key to a successful rescue and/or
resuscitation, Having the ability to rapidly launch and pilot a watercraft to a potential drowning victim will be of great benefit
to those we serve.
FISCAL IMPACT: There is no loan fee for the use of this watercraft, as per the loan agreement the only anticipated City
costs are related to the general maintenance, upkeep and insurance of the machine. Associated costs are estimated at
approximately $500 for the year, funding which will be derived from our Dive Equipment Maintenance account,
ALTERNATIVES: Purchase a similar device at an approximate cost of$1 0,000 or continue operating our Dive Team
program without such a device.
L
~
'epartment Head's Signature
City Manager's Signature
hr~ \fl.....~Cve...
Department Name
,c-..
City Attorney / Finance I Human Resources
SIBULLETIN\FORMSIAGENDA ITEM REQUEST FORM DOC
1
2 RESOLUTION NO, R06-
3
4 A RESOLUTION OF THE CITY COMMISSION OF THE
5 CITY OF BOYNTON BEACH, FLORIDA, APPROVING
6 THE KAWASAKI .JET SKI WATERCRAFT LOAN
7 AGREEMENT FORIYI BETWEEN THE CITY OF
R BOYNTON BEACH AND MOTORSPORTS OF DELRAY
9 FOR THE CONGRESSIONAL PERSONAL
]0 WATERCRAFT I,OAN PROGRAM AND
II AUTHORIZING THE CITY MANAGER AND CITY
12 CLERK TO EXECUTE SAID AGREEMENT; AND
13 PROVIDING FOR AN ~:FFECTlVE DATE.
14
]5 \VHEREAS, Kawasaki Motors Corp, USA has a program that loans watercraft to
16 public safety agencies to aid in watcr rescue activitics during typical hoating seasons; and
17 WHEREAS, Boynton Beach Firc Rcscue Department has been approved to receive
18 one of these watercraft deviccs tel[ an cleven month period; and
19 WHEREAS, the City Commission of the City of Boynton Beach, upon
20 recommendation of staff, deems it to bc in the best intercsts of the residents and citizens of
21 the City of Boynton Beach to approve the Kawasaki Jet Ski Watercraft Loan Agreement
22 between the City of Boynton Beach and Motorsports of Delray, a copy of which is attached
23 hereto as Exhibit "A",
24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
25 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
26
Section [,
Each Whereas clause set torth above is true and correct and
27 incorporated herein by this reference,
28
Section 2,
Thc City Commission of the City of Boynton Beach, Florida docs
29 hereby approve and authorize the City Manager and City Clerk to execute the Kawasaki Jet
30 Ski Watercraft Loan Agreement between thc City of Boynton Bcach and Motorsports of
S:\CA\RESO\Agrccmcnls\Kav.'asaki Jd SkI Agreement-Fire Rescue.doc
Delray for the Congressional Personal Watercraft Loan Program, a copy of which is attached
2 hereto and made a part hereof as Exhibit "A",
3
Section 3,
That this Resolution shall become effective immediately upon passage,
4
PASSED AND ADOPTED this _ day of May, 2006,
5
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22 ATTEST:
23
24
25 City Clerk
26
27
28 (Corporate Seal)
29
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3]
32
33
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
S:\CA\RESO\Agreements\Kawasaki Jet Ski Agreement-Fire Rescue.doc
COVERAGES
This is to cerlify that lhe poliCies of Insurance listed below have been issued 10 the insured named above for the policy period indicated.
norMthstanding any requirement, term or condition of any contract or other documel,t with respect to which thfS certificate may be issued or may
pertain, the Insurance afforded by the policies described herein is subject to aU the terms, exclusions and conditions or such policies. Limits shown
may have been (educed by paid claims.
t=
, ,----
tAl. G~:NER::l L1Amllr{ MOB 0;,;8<;3 14 1011i0:'; !0:1..'O<<l I GEHEHAt AGGI,EGAT(; t5MiSJ0,M
DE IiUOCC.UR PR,ODlJCTS-COMf','OP AGG
CONTRACTOR'S PROT EACH OCCURRENCE
FIRE OAAVlGE t3f1y I)r.'efirnj
-.. Mft). E:X?t:NSE (any (1M pelsonl
Ui''''
N!:lApp!il;:;;bk.' tlol AppliCdt>t~. NcIApp',<:..ofl'! COMBINED SINGLE liMIT filL_.___ ,-
AUTOS eODll Y INJURY '._ ""'~',
D AUTOS EOUll Y IKIURY [,.... "',,,.....'}
OS Pf<QPOHV DAMAGE
I) AUTOS
ABILITY
f..--- .--.---
FORM EACH OCCURR[NCE ~~,;O
!.iMaRElU, FORM MOB02()f;;S1ot 1011:"05 10,'01100 AGGREGME $10.000.00
---... -r-- -..--- --~~ ------ --~~~_.
NSATION MD602"66t:i14 1{Jl!;'05 l()i01.'OO- STATUTORY LIMITS SI;HlIIOty
I EACH ACCIOEJH f-----
iU1V !------,-,
i D1SEASE"POlICr: liMIT
DISEASE. EACH EMPLOYEE
~i~1STATE
tiA'JlQ!:lbl
..l~"~."'" cc.."..,w',
STATE NATIONAL INSURANCE CO,
!-._--._-~..__._--~-"---~---_._-_.
t PRODUCER
I Arthur J, Gallagher & Co
I 2255 Glades Road
Suite 400 E,
Boca Raton, rL 33431
I
I
i
I
INSURED
City of Boynton Beach, FL
100 E, Boynton Beach Blvd,
Boynton Beach, FL 33435
co TYPE OF 1I'1SHfU'NCf.
b..!R
GENfJl~,l UA8:tlTY
A [\<! COMt)[RC
G (l.MMSMA
o OWNER'S &
POLICY NUMBER
!
AuroM03lU:: LV.m
A CI 1't1V P.U,O
o ALL QNNEn
o SCHEDULE
o HIRED AUT
o NONA)WNf
o GARAGE U
I. EXCE.'iS UIIBrUfY
A 0 UMBRElLA
I W orllfRTiw-l
i__,
W(WXERS' COMPf
AND
EMPLOYERS' UAB
CERTlFtCATE OF INSURANCE
DATE ISSUED: 5/2/06
r"'---~._-~----'-- "..-_._-_.__.~._-,-_._-"_.~-
I
I
I
I
-~--!
This certificate is issued as a matter of information only and confers no rights upon
the certificate holder. This certificate DOES fVOT amend, extend or alter the coverage
afforded by the policies below_
COMPANIES AFFORDING COVERAGE
COMPANY (A) __9T ATE NATIONAL INSURANCE COMPAN)'_~_____~~
COMPANY (8) _,
COMPANY tC)
COMPANY (0)
r'oucy EFFECTIVE
D~:rE (M'WDJYYj
POLICY EXPIRATION
DJ: TE IMMrDDiYY\
UMfTS
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I
XXXX.- POUCY SUBJECT 70 SIR As per General Endorsement SNS GEN 01
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS - All operations usual 10 a City Government including
Motorsports of Defray and kawasaki Motors Corp., USA with respects to Fire Department, Dive Rescue Team to be held on October
1, 2005 thru September 30, 2006,
All other terms and condilio,:~ o.f_p?l~c:y remain uocha,:,~_(}d.
I
I
,
l..
CERTIFICATE HOLDER
I--~'-~"-~-----~---'-~ I
I Motcrsports of Delray and Kawasaki Motors
, Corp,. USA
1900 N, Federal Highway
Delray Beach, FL. I
~_~~ _____~__~_____~,___~_J
~hOUld any of the above described policies be cancelfed b~fOfe the expiration
date thereof, the issuing company will endeavor to mail ;ill days wrillen notice to
the certificate holder named 10 the left. but failure to mail such notice shall impose
no obligation or liability of any kind upon the company, its agents or j
representatives.
~-- .---- . -
Authorized signalure, __,_~,-,-,,/jJ;n--l-g,,--
?i.~ Sandra M, Donagny
Nfeadowbrook Insurance Group
CERTIFICA TE OF COVERAGE ISSUED ON 5/1/06
T)csignated Member Administrator Producer
City of Boynton Beach Public Risk Underwriters Acordia Southeast
P,O, Box 310 P,O, Box 958455 501 S, Flagler Dr, #600
Boynton Beach, FL 334250310 Lake Mary, FL 32795-8455 West Palm Beach, FL 33401
-
mAGES THIS IS TO CERTIFY THAT THE AGREEMENT BELOW HAS BEEN ISSUED TO THE DESIGNATED MEMBER FOR THE COVERAGE PERIOD
I, ,~,CA TED, NOTWITHSTANDING ANY REQUtREME'NT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHtCH
THIS CERTIFICATE MAYBE ISSUED OR MAY PERT AtN, THE COVERAGE AFFORDED BY THE AGREEMENT DESCRIBED HEREIN IS SUBJECT TO ALL THE
TERMS, EXCLUSIONS AND CONDtTlONS OF SUCH AGREEMENT.
COVERAGE PROVIDED BY: PREFERRED GOVERNMENTAL INSURANCE TRUST
AGREEMENT NUMBER: PK FLI 050200305-02 I COVERAGE PERIOD: FROM 10/01/2005 TO 10/01/2006 12:01 AM STANDARD TIME
LIABILITY COVERAGE WORKERS' COMPENSATION COVERAGE
0 Comprehensive General Liability, Bodily Injury, Property Damage and Personal 0 Self Insured Workers' Compensation
Injury Selflnsured Retention
Limit Deductible
0 Public Officials Liability 0 Statutory Workers' Compensation
Limit Deductible Deductible
0 Employment Practices Liability 0 Employers Liability
$1,000,000 Each Accident
Limit Deductible $1,000,000 By Disease
0 $],000,000 Aggregate Disease
Employee Benefits Liability
AUTOMOBILE COVERAGE
Limit Deductible
0 Automobile Liability
LU\v Enforcement Liability Limit Deductible
Limit Deductible 0
All Owned Autos
PROPERTY COVERAGE 0 Specifically Described Autos
p Buildings & Personal Property 0
Hired Autos
Limit $134,629,379 TIV Deductible $10,000 0 Non-Owned Autos
Note: See coverage agreement/or details on wind, flood, and other deductibles
0 Rented, Borrowed and Leased Equipment Automobile Physical Damage
Limit $50,000 TIV Deductible See Schedule 0 Comprehensive Deductible
0 All other Inland Marine 0 Collision Deductible
Limit $7,37],808 T1V Deductible See Schedule 0 Hired & Non~Owned Autos, with limit of
NOTE: The limit of liability is $100,000 Bodily Injury and/or Property Damage per person or $200,000 Bodily lnjury and/or Property Damage per occurrence. These
specific limits of liability are increased to limits shown above per occurrence, solely for any liability resulting from entry of a claims bill pursuant to Section 768.28 (5) Florida
Statures or liability imposed pursuant to Federal Law or actions outside the State of Florida.
Description of Operations/LocationsN ehicles/Special items:
Evidence of insurance for the Fire Department, Dive Rescue Team from 10/1105-9/30/06
This see/ion completed by member's a~ent, who bears complete resnonsibilitv and liabi/ihl {or its accurarv.
THIS CERTIFICATE IS ISSUED AS A MATfER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT
AMEND, EXTEND OR ALTER TilE COVERAGE AFFORDED BY THE AGREEMENT ABOVE.
Certificate Holder CANCELLATIONS
Motorsports of Delray and SHOULD ANY PART OF THE ABOVE DESCRIBED AGREEMENT BE CANCELLED BEFORE TIlE
EXPIRATION DATE THEREOF. PREFFERRED GOVERMENTAL JNSURANCE TRUST WILL
Kawasaki Motors Corp., USA ENDEAVOR TO MAll.. 45 DAYS WRlTTEN NOTICE TOnIE CERTIFICATE HOLDER NAMED ABOVE,
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLiGA TlON OR LiABILITY OF ANY
1900 N. Federal Highway KIND UPON TIlE PROGRAM, ITS AGENTS OR REPRESENTATIVES
~Iray Beach, FL !IW jcf4
AUTHORIZED REPRESENTATIVE
"GIT-CERT (08/05)
09/30/2005
Magazine, Chuck
From:
Sent:
To:
Cc:
Subject:
Ness, Jim
Friday, April 28, 2006434 PM
Magazine, Chuck
Bingham, William; LeJeune, Carlsse; Cherof, James
Congressman Clay Shaw - Watercraft Public Safety Loan Program
Attachments:
jet ski, pdf
Chuck
I have prepared an agenda request to move forward with the Kawasaki Jet Ski Watercraft Loan Agreement. This US
Congressional sponsored program will provide the Fire Dept with a free Jet Ski watercraft for use with our Dive Rescue
Team,
A condition of that agreement is the submission of a "Certificate of Insurance to Dealer and Kawasaki within ten (10) days
from receipt of the watercraft," (see attached PDF file)
I would ask that you provide that certificate as soon as possible, The release and hold harmless component of the
agreement will become effective once the agreement is approved, Congressman Shawn's office indicated that this was
standard agreement language that had been utilized by this program for the past 20+ years, City legal staff felt that in
their opinion any risk to the City was minimal considering the potential benefits to be gained,
Your assistance in this matter is appreciated
Jim
~~I
~
Jet ski,pdf (382 KB)
Welcome to the Kawasaki
JET SKI@Watercraft Public Safety Loan program
Kawasaki Motors Corp" U,S,A, was the first personal watercraft manufacturer to offer a public
safety watercraft loan program, Since Kawasaki started its loan program in 1989, more than 1,400
public safety agencies have discovered the diversity of the craft and the countless benefits of their
use, Kawasaki JET SKI watercraft has proven to be a valuable addition to many lifesaving, law
enforcement, boating education, marine mammal and habitat study programs, Public safety
agencies have come to rely on the craft's swiftness, rapid response, maneuverability, low
maintenance and safety features, Kawasaki and your authorized Kawasaki dealer participate in
this loan program in the interest of contributing to boating safety,
How to participate in the loan program?
To participate in the loan program you need to get in touch with your local Kawasaki dealer who
can initiate the loan, To find a dealer in your area please go to the Kawasaki website,
www.kawasaki.com.click on JET SKI watercraft, then to the dealer locator. Please keep in mind
that participation in this program is not mandatory for Kawasaki dealers, Most are enthusiastic,
but a dealer's ability to participate may depend on his/her availability of appropriate watercraft as
well as their understanding of tbe benefits available by partnering with your agency on this
program.
What does the agency need to provide to the dealer?
Dealers will need a letter on agency letterhead addressed to the dealer. The letter should briefly
describe the intended use of the watercraft, Intended uses must be directly related to the agency's
mission or roles in patrol, enforcement, rescue or boating education. The letter should also
commit the agency to a policy that the watercraft will be used exclusively by persons who have
received instruction in the proper operation of the watercraft.
The agency also needs to provide and maintain, at its own expense, adequate Bodily Injury and
Property Damage Liability Insurance covering the use of the watercraft during the time the
watercraft is in agency's possession, A current Certificate of Insurance, or acceptable proof of
insurance, must be submitted to Dealer and Kawasaki within ten (10) days from receipt of the
watercraft in order to ensure that the loan period is not interrupted or canceled,
How long is the loan period?
The typical loan is structured to include the boating season, usually from Spring until Fall, but is
limited to a maximum of II months in any case, This gives the dealer time after receiving the
boat(s) back from the agency to clean them up as required, and sell them to a retail customer.
Determine the loan period in discussions with the participating dealer. The agency must return the
watercraft promptly at the end of the loan period,
Which models are available?
All 3-passenger 2005 and 2006 models except for JT1.200C,
Is there an application that needs to be filled out to participate?
The dealer will fill out a Kawasaki JET SKI watercraft loan agrecmcnt form using the
information the agency provides, The agency must sign and return the original to the dealership,
The loan agreement is mailed to Kawasaki Motors by the dealer for final approval.
Who is responsible for upkeep of the watercraft?
Kawasaki and the dealer recognizc that your use of the watercraft will subject it to a certain
amount of wear. The agency is expected to insure normal and necessary maintenance is
performed as described in the Owner's Manual for the watercraft, Agency and dealer should
agree ahead of time who will perform, and who will pay for, the necessary maintenance,
While Kawasaki's contribution to the loan program helps offset some of the loss of value for the
used watercraft, it does not pay to repair significant damage caused by neglect or to reverse the
effects of modification to the watercraft, The agency should expect to pay for repair of damage or
deterioration that exceeds normal wear and tear. Examples of normal "wear and tear" should be
clarified with the dealer prior to the loan, Please maintain an open line of communication with the
dealer regarding all aspects of the watercraft's use, maintenance and modification, This will help
avoid any misunderstandings that could spoil the program for you or the dealer.
It is very important to understand that the dealer has purchased the watercraft from Kawasaki and
has a substantial investment in it. In order to recover the investment, the dealer must sell the
watercraft to a consumer (or to the borrowing agency) at the end of the loan period, If the
watercraft is returned in excessively worn, neglected or damaged condition, the dealer will be
unable to recover his investment through the sale of the watercraft"
Can we make modifications to the watercraft?
It is important that no modifications of any kind be made to this watercraft without the dealer's
express permission, including removal or installation of any stickers, graphics or decals, If it is
necessary to modifY this watercraft to make it suitable for your needs, the dealer may ask you to
pay to have any such modifications reversed to restore the watercraft to a saleable condition.
Who can we contact to receive qualified instruction in the operation oftbe watercraft?
There are a number of private organizations that have provided instruction in PWC use for public
safety agencies - everything from very basic how-to-ride instruction to training in specialized
skills such as swiftwater or surf operations, search and rescue, etc, But probably the first point of
inquiry for PWC training should be your State Boating Program, If needed, Kawasaki can provide
information on training providers with whom we have become familiar.
How can I help make this a positive experience for the dealer'!
Kawasaki urges your agency to assist the dealer in receiving recognition in his market area for
making this contribution to boating safety, Positive publicity for the dealer will add value to his
participation in this program, as well as provide an opportunity for your agency to showcase your
enhanced capabilities in fulfilling your public safety mission,
Please send Kawasaki any "action -oriented" photos or photos of your patrolling or rescue team
in uniform on the watercraft, Also, if your agency is involved in a particularly notable rescue or
other activity, please let us know in a timely manner so we can help promote it. A simple phone
call to Kim La Bounty (949) 770-0400 exl. 2470 or John Donaldson, Freeman/McCue Public
Relations, at (714) 557-3663 could result in positive publicity for your agency,
.c: <' i: ,,r-~'
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;>.s-3c> #.L5
Page 101'2
.c- 0>" r~-9/c~
"=,,L:JCJ - ,
Carter, Ray
From: Jennifer Hall Dhall@clsdc,com]
Sent: Tuesday, April 18, 2006 2:00 PM
To; Carter, Ray
Subject: Welcome to Congressional Personal Watercraft Loan Program
Importance; High
Hi Ray,
Per my voicemail, please fInd below the original emaill had sent you on April] 0,2006, I greatly apologiJe
for our delayed response and please let me know if you have any guestions regarding the below
information, Thanks!
Jennifer Hall
Personal Watercraft Industry Association
Office: (202) 777-3503
Fax: (202) 289-4141
From: Jennifer Hall
Sent: Monday, April 10, 20067:24 PM
To: 'carterr@ci.boynton-beach,f1,us'
Subject: Welcome to Congressional Personal Watercraft Loan Program
Hi Ray,
Welcome to the Congressional Personal Watercraft Loan Program! Now that we have finished
vetting your application and reviewed your Letter of Intent, we have located a dealership in
your area that will be loaning you a Kawasaki JET SKI. Attached is the Kawasaki "Welcome
Form" that restates the steps you must take to insure your loan will be fulfilled, In addition, we
have also attached the "Kawasaki Loan Agreement Form" that you must fill out and take to the
local dealership we have listed below, This is the dealership that will be providing your agency
the loaned vessel. Please contact the dealership ASAP to set up a time to fill out the
Agreement Form,
Motorsports of Delray
1900 N, FederalHwy
Delray Beach, FL 33483
Contact: David Alredge
Phone: 561-274-9074
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Once the application is filled out by both you and the dealer, they - not you - will then
send the completed Agreement Form to Kawasaki Headquarters. We ask, however, that
you keep a copy for your records. To keep us in the loop as well, please fax us a copy
to 1-888-798-3064 once the form is completed.
We would like to maximize press coverage between your agency, the dealership and
potentially Congressman Shaw's office, so please make sure to get this form completed in an
efficient and timely matter. If you have any questions, give us a call at the number below,
Page 2 of2
Many Thanks,
Jennifer Hall
Personal Watercraft Industry Association
Office: (202) 777-3503
Fax: (202) 289-4141
;hal/@clsdc,com
This message and any files or text attached to it are intended only for the recipients named above, and contain
information that may be confidential, privileged or otherwise protected from disclosure, If you are not an intended
recipient or have received this message in error, please do not read, copy, or distribute this communication,
Please also notify the sender by replying to this message, and then delete all copies of It from your system, Thank
you,
O] :21 ':!OOb 12::P; 1'",\.\ !14!J-1!lO;;600
IC\I\AS,\I\ J \10TOI~S I
ly"'J on;:) (10\
Kawasaki Molors Corp" U,S,A,
KAWASAKI JET SKI@ WATERCRAFT LOAN AGREEMENT FORM
PUBLIC AFFAIRS DEPARTMENT APPROVAL REQUIRED: Plior to the dealer's Issuance of product to requesting agency,
DEAlERSHIP DEALER NO
Motors orts of Delra
ADOOESS
1900 N. Federal Hi hwa
Cff'{!STATEI7lP
Delray Beach, FL
TELEPHONE tlUM8ER FAX NUMBER
1561 ) 997-6400 1561) 274-9075
DEALER AGREES:
. to provide. at no cost to the Borrowing Agency
("Borrower"), for the borrower's exdusive use, Kawasaki
JET SKI water<:raft for the period specified herein;
. to and ser\lice steh watercraft: n accadarce, IMIh
~""'s ~ 6 priof to delivery to "",.-ng
agency;
. to ~ basic maintenance under normal condttions of
wear on the watercraft during the loan period ab<Do;nst
to the borrower UI1less othetwlsejpecrlied,
*Borrower pays tor serVlces
INSTRUCTIONS TO DEALER
. Complete application and obtain required signatures
. Identify model and huH identification numbers.
Year Model
1, 2006_
2,
Hullldentiflcatlon Number*
KAW 40248H506
"Suppy HIN for untts in dealer inventory or check here 0
if units are on order.
. Check, here if you want to order unil(s) from KMC
(depending on availability), 0
. laan period (3 months minimum to 11 months
maximum)
From to
Mall original loan agreement form and original letter trom
the Borrower to:
Kawasaki Motors Corp.. U,SA
Public Affairs
P,O,:Box=
Santa Ana, California 92799-5252
BORROWING AGENCY
Boynton Beach Fire Rescue
ADDRESS
100 E. Boy~ton Beach Blvd.
CiTY/STATE/ZIP
Boynton Beach, FL
TELEPHONE NUMBER
56 742-6 2
AGENCY COJIITACT EMAll
carterr@ci.boynton-beach.fl.us
33435
FAX NUMBER
561
BORROWING AGENCY ("BORROWER") AGREES:
. that the watercraft will be used exclusiv<>1y for purposes
dlrect1y ~eted to the agency's mission or role in patrol,
enforcement, rescue, or education;
. that the watercraft will be used exclusively by persons
who have received instruction In the proper operatton of
the watercraft;
. to perform normal and necessary ~owner. maintenance,
as described in the OWner's Manual10r the watercraft,
unless such maintenance is, by agreement of dealer, to
be performed by dealer,
. to Bxerdse appropriate care to protect the watercraft
from damage or deterioration;
. to pay for repair of damage or deterioration which
exceeds normal wear and tear;
. to retum the watercraft to the dealer promptly at the end
of the loan period;
. to prO\lide and maintain at lis own expense BodilY Injury
and Property Damage Llabtllty Insurance coverlng /he
use of the watercraft during the time the watercraft is in
the possession of the B"orrower, and to submit a
Certlllcate Of Insurance to OHler and Kawaaekl
within ten (10) days fl'Om receipt of the watercraft;
. to release, hold harmless and indemnity the Dealer,
Kawasaki Motors Corp.. U,SA ("!\MC") and all effiliated
companies from and against any and all liability by any
party, including aIIomey's teee and expenses, arising
out of the use or ope-ratlon of the loaned watercraft.
The undersigned is authorized to execute this agreement on behalf of the Borrower.
Thill Anl"eemenl aha/I take effect when sianed bv IllrttlOrized .........eserrtatlves of the dealer and tho borrower.
OEAlERSlGNA"lURf
NAME ~ TmE1P1.EASEPfUHl)
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2006
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORt_
VI.-CONSENT AGENDA
ITEM C.3
Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned
Meeting Dates in to City Clerk's Office Meetine Dates in to Citv Clerk's Office
0 April 4, 200t> March 20, 2006 (Noon.) 0 June 6, 2006 May 15,2006 (Noon)
0 April 18,2006 April 3, 2006 (Noon) 0 June 20, 2006 June 5, 2006 (Noon)
0 May 2, 2006 April 17, 2006 (Noon) 0 July 5, 2006 June 19, 2006 (Noon)
~ May 16,2006 May 1, 2006 (Noon) 0 July 18,2006 July 3, 2006 (Noon)
0 Administrative 0 Development Plans
NATURE OF ~ Consent Agenda 0 New Business
AGENDA ITEM 0 Public Hearing 0 Legal
0 Bids 0 Unfinished Business -~
0 0 -""
Announcement Presentation
0 Cily Manager's Report [\,.:' ' ,
=.:~
RECOMMENDATION: Motion to approve and authorize the execution of a Resolution for Professionaj~Consuiilng
Services for a concurrency evaluation of S,W, 30'" Ave.lCharter Drive in compliance with the requirements,oi:-~he
Countywide Traffic Performance Standards Ordinance, C) :'C; ':;
1---1(-')
EXPLANA T10N: The Cily is in the process of developing a Master Plan for Congress A venue Communily Park, Concerns
have been raised by residents in the Hunters Run development located to the west of the park sile regarding the amounl of
traffic that will be generated by the park development and possible impacts to S,W, 30'" Ave.lCharter Drive, (Map is
Altachment A), This traffic evaluation will determine the amount of increased traffic from the park and possible reliefs, The
task order was negotialed using the General Consulting and Engineering Services Contracl (RFQ #028-2821-06/CJD), which
was approved by the Commission on November 18,2003, (Leiter of Agreement is Altachment B),
PROGRAM IMPACT: The plan will help determine the recommended ingresses and egresses for the park,
FISCAL IMPACT: The cost of the plan is $1,500,00 and is budgeted in the Recreation and Parks Department's budget
under Other Contractual Services Accounl # 001-2731-572-49-17, Balance of the accounl afler the deduction of $1,500,00
will be $55,139.30,
ALTERNATIVES:
Recreation and Parks
Department Name
SIBULLETIN\FORMSIAGENDA ITEM REQUEST FORM,OOC
~
1
2 RESOLUTION NO, R06-
3
4 A RESOLUTION OF THE CITY COMMISSION OF THE
5 CITY OF BOYNTON BEACH, FLORIDA,
6 AUTHORIZING THE MAYOR AND CITY CI,ERK TO
7 EXECUTE AN AGREEMENT FOR PROFESSIONAL
8 CONSULTING SERVICES BETWEEN CITY OF
9 BOYNTON BEACH AND KIMLEY-HORN AND
10 ASSOCIATES, INC., PROVIDING PROFESSIONAL
11 CONSULTING SERVICES FOR A TRAFFIC
12 CONCURRENCY ~~V ALUATlON OF SOUTHWEST 30TH
13 AVENUE AND CHARTER DRIVE IN THE AMOUNT
14 OF $1,500.00; AND PROVIDING AN EFFECTIVE DATE.
15
16
17 WHEREAS, the City Commission of the City of Boynton Beach, upon
18 recommendation of staff, deems it to be in the best interests of the eitizens and residents of
19 the City of Boynton Beach, to enter into an agreement with Kimley-Hom and Associates,
20 Inc" in the amount of $1,500,00, to provide professional consulting services for a traffic
21 concurrency evaluation of Southwest 30th Avenue and Charter Drive in compliance with the
22 requirements of the Countywide Traffic Performance Standards Ordinance, and to authorize
23 the Mayor and City Clerk to execute said Agreement;
24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
25 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
26
Section 1,
The foregoing "WHEREAS" clauses are tme and correct and hereby
27 ratified and confirmed by the City Commission,
28
Section 2,
The City Commission of the City of Boynton Beach, Florida does
29 hereby authorizes the Mayor and City Clerk to execute an Professional Consulting Services
30 Agreement between the City of Boynton Beach and Kimley-Hom and Associates, lnc" in the
31 amount of $1,500,00, to provide professional consulting services for a traffic concurrency
32 evaluation of Southwest 30th Avenue and Charter Drive in compliance with the requirements
33 ofthe Countywide Traffic Performance Standards Ordinance,
34
Section 3,
This Resolution shall become effective immediately upon passage,
S:\CAIRESO\Agreernents\Consull Agmt concu,rem:y eVClluatlonuoo;:
PASSED AND ADOPTED this _ day of May, 2006,
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19 ATTEST:
20
21
22
23 City Clerk
24
25 (Corporate Seal)
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
\CA\RESO\Agreements\Consult Agml concurrency evaluation.doc
CITY OF BOYNTON BEACH
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO:
Wally Majors, Recreation & Parks Director
CC:
Jody Rivers, Recreation & Parks Assistant Director
DATE:
Jamila V, Alexander, Assistant City Attorney ;yVOU
April 20, 2006
FROM:
RE:
Kimley-Horn and Associates, Inc, Consulting Services Agreement
Our office has reviewed the Proposed Professional Consulting Services Agreement
between Kimley-Horn and Associates, Inc, and the City of Boynton Beach relating to the
Congress Avenue Community Park located at the SW Comer of Congress Avenue and Charter
Drive, The Agreement is satisfactory as to legal forn1 and acceptable for the City Manager's
signature,
If you have any questions, please feel free to contact our office,
.!VA
S:\CA\MEMORANDUM\JVA to Wally (KIIA Consulting Agreernent),doc
ATTACHMENT A
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ATTACHKKNT B
Kimley-Horn
and Associates, Inc,
April 7, 2005
lody Rivers
Assistant Parks Director
City of Boynton Beach
100 East Boynton Beach Boulevard
P,O, Box 310
Boynton Beach, Florida 33425
Re: Congress A venue Community Park
SW Corner of Congress Avenue & Charter Drive
Dear Ms, Rivers:
Kimley-Hom and Associates, Inc, ("KHA"), is pleased to submit this letter
agreement to the City of Boynton Beach (the "Client") for professional consulting
services relative to the above-mentioned property, The property to be developed is
located on the southwest corner of Congress Avenue and Charter Drive in the City
of Boynton Beach, Florida, You desire to develop the property to contain a city
park. Our proposed scope of services, fee, and schedule are below,
SCOPE OF SERVICES
Task I - Traffic Concurrencv Evaluation
A concurrency evaluation will be performed in compliance with the requirements
of the Countywide Traffic Performance Standards Ordinance, The buildout
timeframe for the initial evaluation will need to be specified by you, A site plan
will need to be provided by you, It is assumed that the park will be z.o.;>4-acres
and that access will be provided Irom Charter Drive and from a cross-ac~~s~ with
WXEL to the south,
In the trip generation analysis, KHA will determine the number of daily, AM and
PM peak hour trips that would be generated from the proposed development plan,
These trips will then be assigned to the development's driveway and the roadway
links on Palm Beach County's major roadway thoroughfare network within the
study area,
Based on the anticipated trip generation from the site, the project is not expected
to have a significant impact on the Palm Beach County thoroughfare network.
.
TEL 561 845 0665
fAX 561 863 8175
.
4431 Embarcadero Drive
WeslPalmBeach,Florida
33407
~=~
Kimley-Horn
and Associates, Inc,
Ms. Jody Rivers, April 7, 2006, Page 2
However, if the development plan changes, the project may have a significant
impact on several roadway links within the study area and a more detailed analysis
of roadways and adjacent intersections may be necessary which would be
performed under Task II - Additional Services, A site access analysis will also be
undertaken (based on a site plan provided by you) to determine the turn lane
requirements, if any, at the project driveways, The letter report will summarize
and describe our analyses, conclusions and recommendations, Ten (10) copies of
the report will be provided,
Task II - Additional Services
Any services not specifically provided for in the above scope, as well as any
changes in the scope you request, will be considered additional services and will
be performed at our then current hourly rates as we agree prior to their
performance, Additional services we can provide include but are not limited to the
following:
1. site plan development
2, full traffic impact study submittal
3, traffic evaluation revisions based on land use changes
4, response to comments from Palm Beach County
5, additional traffic engineering analyses
6, data collection
7, general civil engineering
8, environmental analysis and engineering
9, planning and zoning assistance
10, permitting and regulatory assistance
1 I , structural engineering
12, forensic (expert witness) services
13, construction administration
~=~
Kimley-Horn
and Associates, Inc,
\h Jody I{ivers. April 7,2006, l';Jge 3
SCHEDULE
We will provide our services in an expeditious manner to meet the schedule
mutually developed by the Client and KlIA for the various elements of the
project.
FEE AND BILLING
KHA will perfonn all services described in Task I of the Scope of Services for a
lump sum fee of $1 ,500,
KHA will provide the servlces described in Task II of the scope of services on a
labor fee plus expense basis, Labor fee will be billed according to the rates in
effect at the time the services are provided, Direct reimbursable expenses such as
express delivery service, fees, air travel, out-of-town mileage, and other direct
expenses will be billed at 1,15 times cost. An amount will be added to each
invoice to cover certain other expenses such as in-house duplicating, local
mileage, telephone calls, facsimiles, postage, and word processing,
Administrative timc related to the project may be billed hourly, Technical use of
computers for design, analysis, GIS, and graphics, etc, will be billed at $25,00 per
hour. All permitting, application, and similar project fees will be paid dlrectly by
the Client.
Billing will be monthly based upon a percentage of services performed for lump
sum elements or for services actually accomplished for hourly rate elements,
Billing will be due and payable within 25 days,
~=~
Kimley-Horn
and Associates, Inc,
CLOSURE
Ms. .lody Rivers, April?, 2006, Page 4
In addition to the matters set forth herein, our agreement shall include, and shall
be subject to, the Standard Provisions attached hereto and hereby unincorporated
herein, The term "the Client" as used in the attached Standard Provisions shall
refer to City of Boynton Beach.
If you concur in the foregoing and wish to direct us to proceed with the
aforementioned services, please execute the enclosed copy of this letter agreement
in the space provided and return the same to the undersigned, Fees and time
stated in this agreement are valid for sixty (60) days after the date of agreement by
Kimley-Hom and Associates, Inc,
We appreciate this opportunity to submit this letter agreement. Please contact us
if you have any questions,
KlMLEY-HORN AND ASSOCIATES, INC,
~+f w~
Chnstopher W, Heggen, P,E,
Transportation Engineer
FWSI ABK
Attachment: Standard Provisions
Agreed to this
day of
,2006,
CITY OF BOYNTON BEACH
A Municipality
By:
(Print or Type Name)
Title:
(As Authorized by Law)
(Print or Type Name)
Offici a] Seal:
P:\85294\ABK\2006\040506 Congress Community Park. doc
AL!~
Adam B. Kerr E,I.T, (SC)
Project Manager
, Witness
Sl ANlJAluJ ,'RUY ISlU~S
(1) Consultant's Scope of Services and Additional Services, The Consultant's undertaking to perform professional
services extends only to the services specifically described in this Agreement, However, if requested by the Client and
agreed to by the Consultant, the Consultant will perform additional services ("Additional Services"), and such Additional
Services shall be governed by these provisions, Unless otherwise agreed to in writing, the Client shall pay the Consultant
for the performance of any Additional Services an amount based upon the Consultant's then-current hourly rates plus an
amount to cover certain direct expenses including in-house duplicating, local mileage, telephone calls, postage, and word
processing, Other direct expenses will be billed at 1,15 times cost. Technical use of computers for design, analysis, GIS,
and graphics, etc" will be billed at $25,00 per hour,
(2) Client's Responsibilities, In addition to other responsibilities described herein or imposed by law, the Client shall:
(a) Designate in writing a person to act as its representative with respect to this Agreement, such person having complete
authority to transmit instructions, receive infonnation, and make or interpret the Client's decisions.
(b) Provide all information and criteria as to the Client's requirements, objectives, and expectations for the project
including all nwnerical criteria that are to be met and all standards of development, design, or construction.
(c) Provide to the Consultant all previous studies, plans, or other documents pertaining to the project and all new data
reasonably necessary in the Consultant's opinion, such as site survey and engineering data, environmental impact
assessments or statements, zoning or other land use regulations, etc., upon all of which the Consultant may rely.
(d) Arrange for access to the site and other private or public property as required for the Consultant to provide its services,
(e) Review all documents or oral reports presented by the Consultant and render in writing decisions pertaining thereto
within a reasonable time so as Dot to delay the services of the Consultant.
(f) Furnish approvals and permits from governmental authorities having jurisdiction over the project and approvals and
consents from other parties as may be necessary for completion of the Consultant's services.
(g) Cause to be provided such independent accounting, legal, insurance, cost estimating and overall feasibility services as
the Client may require or the Consultant may reasonably request in furtherance of the project development,
(h) Give prompt \\!Titten notice to the Consultant whenever the Client becomes aware of any development that affects the
scope and timing of the Consultant's services or any defect or noncompliance in any aspect of the project.
(i) Bear all costs incident to the responsibilities of the Client,
(3) Period of Services. Unless otherwise stated herein, the Consultant will begin work timely after receipt of an executed
copy of this Agreement and will complete the services in a reasonable time. This Agreement is made in anticipation of
conditions permitting continuous and orderly progress through completion of the services. Times for performance shall be
extended as necessary for delays or suspensions due to circumstances that the Consultant does not control. If such delay or
suspension extends for more than six months (cumulatively), Consultant's compensation shan be renegotiated.
(4) Method of Payment, Compensation shall be paid to the Consnltant in accordance with the following provisions:
(a) Invoices will be submitted by the Consultant to the Client periodically for services performed and expenses incurred,
Payment of each invoice will be due within 25 days of receipt. The Client shall also pay to the Consultant all transaction
taxes, if any, whether state, local, or federal, levied with respect to amounts paid hereunder, including but not limited to
sales tax, The Consultant shall be compensated in U,S, dollars, Interest will be added to accounts not paid within 25 days
at the maximum rate allowed by law, If the Client fails to make any payment due the Consultant under this or any other
agreement within 30 days after the Consultant's transmittal of its invoice, the Consultant may, after giving notice to the
Client, suspend services under this Agreement until all amounts due are paid in full,
(b) If the Client objects to an invoice, it must advise the Consultant in writing giving its reasons within 14 days of receipt
of the invoice or the Client's objections will be waived, and the invoice shall conclusively be deemed due and owing,
(c) The Client agrees that the payment to the Consultant is not subject to any contingency or condition, The Consultant
may negotiate payment of any check tendered by the Client, even if the words "in full satisfaction" or words intended to
have similar effect appear on the check without such negotiation being an accord and satisfaction of any disputed debt and
without prejudicing any right of the Consultant to collect additional amounts from the Client,
(5) Use of Doeuments, All documents, including but not limited to drawings, specifications and data or programs stored
electronically, prepared by the Consultant are related exclusively to the services described in this Agreement, and may be
used only if the Client has satisfied all of its obligations under this Agreement. They are not intended or represented to be
suitable for use, partial use or reuse by the Client or others on extensions of this project or on any other project. Any
modifications made by the Client to any of the Consultant's documents, or any use, partial use or reuse of the documents
without written authorization or adaptation by the Consultant will be at the Client's sole risk and without liability to the
Consultant, and the Client shall indenmify, defend and hold the Consultant harmless from all claims, damages, losses and
expenses, including but not limited to attorneys' fees, resulting therefrom. Any authorization or adaptation will entitle the
rev 07/05
Consu1tJPt to ru11er rU;l;~>'n~,;}tjc>r 3t :~~ t" b: j"" r,\' t}or' (')"':"1 : r, ('1,
containing an electromc seal are provided only for the convemence of the Cht:nt, and use of them is at the Client's sole risk.
In the case of any defects in the electronic files or any discrepancies between them and the hardcopy of the documents
prepared by the Consultant, the hardcopy shall govern, Only printed copies of documents conveyed by the Consultant may
be relied upon, Because data stored in electronic media fonnat can deteriorate or be modified without the Consultant's
authorization, the Client has 60 days to perfonn acceptance tests, after which it shall be deemed to have accepted the data,
(6) Opinions of Cost, Because the Consultant does not control the cost of labor, materials, equipment or services
furnished by others, methods of detennining prices, or competitive bidding or market conditions, any opinions rendered as
to costs, including but not limited to opinions as to the costs of construction and materials, shall be made on the basis of its
experience and represent its judgment as an experienced and qualified professional, familiar with the industry, The
Consultant calUlot and does not guarantee that proposals, bids or actual costs will not vary from its opinions of cost. If the
Client wishes greater assurance as to the amonnt of any cost, it shall employ an independent cost estimator. Consultant's
services required to bring costs within any limitation established by the Client will be paid for as Additional Services,
(7) Termination, The obligation to provide further services under this Agreement may be terminated by either party upon
seven days' written notice in the event of substantial failure by the other party to perform in accordance with the tenns
hereof through no fault of the tenninating party, or upon thirty days' written notice for the convenience of the tenninating
party, If any material change occurs in the ownership of the Client, the Consultant shall have the right to inunediately
tenninate this Agreement, In the event of any tennination, the Consultant shall be paid for all services rendered and
expenses incurred to the effective date of tennination, and other reasonable expenses incurred by the Consultant as a result
of such tennination, If the Consultant's compensation is a fixed fee, the amount payable for services will be a proportional
amount of the total fee based on the ratio of the amount of the services perfonned, as reasonably detennined by the
Consultant, to the total amount of services which were to have been performed.
(8) Insurance. The Consultant carries Workers' Compensation insurance, professional liability insurance, and general
liability insurance, If the Client directs the Consultant to obtain increased insurance coverage, the Consultant will take out
such additional insurance, if obtainable, at the Client's expense.
(9) Standard of Care, In perfonning its professional services, the Consultant will use that degree of care and skill
ordinarily exercised, under similar circumstances, by reputable members of its profession in the same locality at the time
the services are provided. No warranty, express or implied. is made or intended by the Consultant's undertaking herein or
its perfonnance of services, and it is agreed that the Consultant is not a fiduciary with respect to the Client.
(10) LIMITATION OF LIABILITY, In recognition of the relative risks and benefits of the Project to both the Client and
the Consultant, the risks have been allocated such that the Client agrees, to the fullest extent of the law, and
notwithstanding any other provisions of this Agreement or the existence of applicable insurance coverage, that the total
liability, in the aggregate, of the Consultant and the Consultant's officers, directors, employees, agents, and subconsultants
to the Client or to anyone claiming by, through or under the Client, for any and all claims, losses, costs or damages
whatsoever arising out of, resulting from or in any way related to the services under this Agreement from any cause or
causes, including but not limited to, the negligence. professional errors or omissions, strict liability or breach of contract or
any warranty, express or implied, of the Consultant or the Consultant's officers, directors, employees, agents, and
subconsultants, shall not exceed twice the total compensation received by the Consultant under this Agreement or $50,000,
whichever is greater, Higher limits of liability may be negotiated for additional fee, Under no circumstances shall the
Consultant be liable for lost profits or consequential damages, for extra costs or other consequences due to changed
conditions, or for costs related to the failure of contractors to perform work in accordance with the plans and specifications,
This Section 10 is intended solely to limit the remedies available to the Client, and nothing in this Section 10 shall require
the Client to indenmify the Consultant.
(II) Certifications, The Consultant shall not be required to execute any certifications or other documents that might, in
the judgment of the Consultant, increase the Consultant's risk or affect the availability, applicability, or cost of its
insurance.
(12) Dispute Resolution. All claims by the Client arising out of this Agreement or its breach shall be submitted first to
mediation in accordance with the Construction Industry Mediation Rules of the American Arbitration Association as a
condition precedent to litigation. Any mediation or civil action by Client must be commenced within one year of the
accrual ofthe cause of action asserted but in no event later than allowed by applicable statutes,
(13) Hazardous Substances and Conditions.
(a) Services related to determinations involving hazardous substances or conditions, as defined by federal or state law, are
rev 07/05
2
tIJlL)p01l<':1, h...nllld, aiiJ.Hgcl, cOBtractor, or iCliJ.tuldlor witn respect to Ili.izardous substances and conditiOns. Consultants
services will be limited to professional analysis, reconnnendations, and reporting, including, when agreed to, plans and
specifications for isolation, removal, or remediation.
(b) The Consultant shall notify the Client of hazardous substances or conditions not contemplated in the scope of services
of which the Consultant actually becomes aware, Upon such notice by the Consultant, the Consultant may stop affected
portions of its services until the hazardous substance or condition is eliurinated, The parties shall decide if Consultant is to
proceed with its services and if Consultant is to conduct testing and evaluations, and the parties may enter into further
agreements as to the additional scope, fee, and tenns for such services.
(c) Except to the extent of negligence, if any, on the part of the Consultant in performing services expressly undertaken in
connection with hazardous substances and conditions, the Client agrees to hold harmless, indemnify, and defend the
Consultant from and against any and all claims, losses, damages, liability, and costs in any way arising out or connected
with the presence, discharge, release, or escape of hazardous substances or conditions of any kind, or environmental
liability of any nature, in any manner related to services of the Consultant.
(14) Construction Phase Services,
(a) If the Consultant's services include the preparation of documents to be used for construction and the Consultant is not
retained to make periodic site visits, the Client assumes all responsibility for interpretation of the documents and for
construction observation, and the Client waives any claims against the Consultant in any way connected thereto.
(b) If the Consultant provides construction phase services, the Consultant shall have no responsibility for any contractor's
means, methods, techniques, equipment choice and usage, sequence, schedule, safety programs, or safety practices, nor
shall Consultant have any authority or responsibility to stop or direct the work of any contractor. The Consultant's visits
will be for the purpose of endeavoring to provide the Client a greater degree of confidence that the completed work of its
contractors will generally conform to t~e construction documents prepared by the Consultant. Consultant neither
guarantees the performance of contractors, rior 'assumes responsibility for any contractor's failure to perform its work in
accordance with the contract documents.
(c) The Consultant is not responsible for any duties assigned to the design professional in the construction contract that are
not expressly provided for in this Agreement. The Client agrees that each contract with any contractor shall state that the
contractor shall be solely responsible for job site safety and for its means and methods; that the contractor shall indemnify
the Client and the Consultant for all claims and liability arising out of job site accidents; and that the Client and the
Consultant shall be made additional insureds under the contractor's general liability insurance policy.
(15) No Third-Party Beneficiaries; Assignment and Subcontracting, This Agreement gives no rights or benefits to
anyone other than the Client and the Consultant, and all duties and responsibilities undertaken pursuant to this Agreement
will be for the sole benefit of the Client and the Consultant, The Client shall not assign or transfer any rights under or
interest in this Agreement, or any claim arising out of the perfonnance of services by Consultant, without the written
consent of the Consultant. The Consultant reserves the right to augment its staff with subconsultants as it deems
appropriate due to project logistics, schedules, or market conditions, If the Consultant exercises this right, the Consultant
will maintain the agreed-upon billing rates for services identified in the contract, regardless of whether the services are
provided by in-house employees, contract employees, or independent subconsultants.
(16) Confidentiality. The Client consents to the use and disseurination by the Consultant of photographs of the project
and to the use by the Consultant of facts, data and infonnation obtained by the Consultant in the performance of its
services, If, however, any facts, data or information are specifically identified in writing by the Client as confidential, the
Consultant shall nse reasonable care to maintain the confidentiality of that material.
(17) Miscellaneous Provisions, This Agreement is to be governed by the law of the State of Florida, This Agreement
contains the entire and fully integrated agreement between the parties and supersedes an prior and contemporaneous
negotiations, representations, agreements or understandings, whether written or oral. Except as provided in Section 1, this
Agreement can be supplemented or amended only by a written document executed by both parties, Provided, however, that
any conflicting or additional terms on any purchase order issued by the Client shall be void and are hereby expressly
rejected by the Consultant. Any provision in this Agreement that is unenforceable shall be ineffective to the extent of such
unenforceabiIity without invalidating the remaining provisions. The non-enforcement of any provision by either party shall
not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the remainder of this
Agreement.
rev 07/05
3
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORln
VI.-CONSENT AGENDA
ITEM D
Requested City Commission Date Final Form Must be Turned Requested City Commission
Meetin!! Dates in to Citv Clerk.) Office .Meetin!! Dates
0 April 4, 2006 March 20, 2006 (Noon.) 0 June 6. 2006
0 April 18. 2006 April 3, 2006 (Noon) 0 June 20. 2006
0 May 2. 2006 April 17 ,2006 (Noon) 0 July 5, 2006
[:3:J May 16, 2006 May I. 2006 (Noon) 0 July] 8. 2006
Dale Final Form Must be Turned
in to City Clerk's Office
May 15, 2006 (Noon)
June 5, 2006 (Noon)
June 19.2006 (Noon)
-<-J
July 3, 2006 (Noon)
"-)--1
~.\ -(
:'---'
r:
0 Administrative 0 Development Plans
NATURE OF [:3:J Consent Agenda 0 New Business
AGENDA ITEM 0 Public Hearing 0 Legal
0 Bids 0 Unfinished Business
0 Announcement 0 Presentation
0 City Manager's Report
" !--~J
"i (".'
(..1
~~.-c;
--r-'-I
'~~::>
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RECOMMENDATION: To approve amendments to the Neighborhood Assistance Matching Fund (NAMF) program to
allow for: separate and specific project fund categories; 2) maximum awards per category; 3) creation of project types; 4)
match requirements; and 5) review process.
EXPLANATION: The Neighborhood Assistance Matching Fund (NAMF) program was created to help build stronger
neighborhoods by providing a cash grant award for projects that are a public benefit and bring neighbors together and provide
opportunities for lasting community improvements. The purpose of this amendment is to encourage and actively engage
neighborhoods to work collaboratively with the City to improve and strengthen their neighborhoods, Under the NAMF
program there will be four ditferent funding opportunities, each with its own funding parameters and application methods,
They are as follows:
I, The Large Project Fund: is for projects which take up to 12 months to complete and need more than $2,500 _ up to
$10,000,
2, The Small Projects Fund: is for projects seeking awards of$2,500 or less and can be completed in 6 months or less,
3, The Neighborhood Outreach Fund: Makes awards for projects that involve new people in neighborhood
organizations or activities up to $500.
4. Emergency Generator and fce Machine Fund: Makes one-time awards up to $5,000 to neighborhood-based
organizations, including faith-based Institutions for the purchase and installation of emergency generator and/or ice
machines in community-based facilities in preparation for emergency disaster relief.
A NAMF program overview and application are attached.
PROGRAM IMPACT: This revision will provide for more neighborhood innovation and opportunities to recruit new
neighbors to the work of strengthening Boynton Beach neighborhoods, It helps low-income neighborhood build community
capacity and develop neighborhood improvement projects. It provides the overall program with more structure and
accountability in management and service delivery to communities.
S:\I1ULLET1N\FORMS\AGFNDA ITEM REQ1JEST FORM DOC
~
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
FISCAL IMPACT: The revision to the NAMF program will not have a fiscal impact, but it increases opportunities for
neighborhoods to strengthen and grow by providing assistance for neighborhood outreach, community capacity development
and neighborhood improvements.
Item
FY 2005-2006/Neighorhood Grant
Large Projects Fund
Small Projects Fund
Neighborhood Outreach
DescriDtion
Matching Fund Program
Maximum of two projects
Maximum of six projects
Maximum of ten projects
Bud~et Amount
$40,000
($20,000)
($15,000)
($5,000)
AL TERNA T1YES: I) Commission can decide not to approve the NAMF program revisions,
Department Head's Signature
J
( {~J lO--!f(kd
~ . Department Name
Neighborhood Services
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC
City of Boynton Beach
Neighborhood Assistance Matching Fund
The Neighborhood Assistance Matching Fund (NAMF) Program provides matching
grant funds to Boynton Beach neighborhood groups and organizations for a broad array
of neighborhood-initiated improvement, organizing or planning pr()~ts, A neighborhood
group may be established just to undertake a project--the group,:does"not need to be
"incorporated,":~,",
Once a project is approved, the community's contribution,~tvol~:+,j':f, labor, materials,
professional services, or cash will be "matched" by ca from theR borhood
Assistance Program,
There are four different funding opportunities u
own funding parameters and application meth
1, The Large Project Fund: is for ~~~cts which tak 0 12 months to complete
and need more than $2,500 - u~;!&'!itW1P:poo, ,7 '
2, The Small Projects Fund: is for pf\ec aW,9tas of $2,500 or less and
can be completed in 6 months or le~E',}V
3, The Neighborhoo ch Fund:'akes awards for projects that involve new
people in neig r 00 anizations'~r,~ctivities up to $500,
4, Emergency Ice Machini;fl;'Fund: Makes one-time awards up to
$5,000 to neighb . tations, including faith-based Institutions
for the e an allation mergency generator and/or ice machines in
cor11. faci'n preparation for emergency disaster relief,
mp e program, Applications are considered during
he h' hest rated applications are awarded funds,
'2,;;,
".\/"1\
ih>
e
!The Large Project Fundi
The Large Projects Fund is for projects that request more than $2,500, up to $10,000,
and can be completed within a 12-month timeframe, Requests to the Large Projects
Fund are made using the NAMF Application, Applications will be accepted once a year.
Refer to the 2006 Application for deadlines dates,
Who Can Apply?
Applications are accepted from:
1
. Neighborhood-based organizations of residents or businesses;
. Local, community -based organizations that advocate for the interests of
disadvantaged people; or
. Ad-hoc groups of neighbors who form a committee solely for the purpose of carrying
out a specific project.
All applicants groups must have an open membership and must actively seek
involvement from area residents andlor businesses,
Types of Projects:
Proposed projects must "fit" one of the following types:
. Neighborhood Planning andlor Design: Produce a plan, 9:
specific actions that will serve as a guide for future actip-nin
neighborhood, ""
. Neighborhood Organizing: Create, diversify, or enl~fge the mem
issue neighborhood organization in a low-income neighborhood,
. Neighborhood Physical Improvement: BUild':Y~/:i,~nce,or,renovate a s
in the neighborhood that provides a public bene~k
. Neighborhood Non-Physical Improvement: A comm
that serves the purpose of strengt . the neighbo
among neighbors,
. Public School Partnership: Pilot or st~ u
school and the immediate neighborhoo~
Review Process:
n, or report outlining
anges to the
Once an applicatiorJi
citizens: the District Re
where the project takes p
each of the ' iew
Neighbor Servl
Distri9
Review
assigned a
scores); then
notification of aw
Rating Criteria: A lications are rated using the following criteria:
Community Benefit (Total possible points = 30)
. Project proposed a good approach to a neighborhood problem, (0-10 points)
. Project will result in outcomes that are consistent with its intended goal(s) and
are beneficial to meeting the community and general public needs,(0-10 points)
. Project activities "Build Community," (i.e, Project creates stronger bonds between
neighbors and greater connection in the community,)(0-1 0 points)
building activity or event
, ."and/or relationships
t directly benefits a public
is review~~;:ahd rated by two different groups of
, de u )iSf representatives from the neighborhood
ide Review Team (representatives from
, as well as ad hoc members assigned by
nly r ew and rate projects from their district; the Citywide
ts, Once the reviews are complete, each project is
" (the average of the District and Citywide Review Team
projects' final scores - Neighborhood Services prepares
2
Participation (Total possible points = 25)
· Project includes opportunities to involve neighbors in shaping and carrying out
the project. (0-10 points)
· Project promotes interaction of diverse parts of the community (e,g,
renters/owners, business/residents, intergenerational pairings, different abilities,
or different racial and ethnic groups, (0-10 points)
· The project promotes collaboration between youth and adults, with meaningful
roles for each, (0-5 points)
Project Feasibility (Total possible points = 20)
· Proposed project is well planned and ready for implem
· Budget reliably represents the project's expenses
Match (Total possible points = 25) ,"'L',L
· Match is realistic and appropriate to the proj~ts, (0-10 points)
· The pr~ject proposes more than 25% m, from t~~neighborhOo
(0-5 pOints) "
. Neighborhood match is documented, (0-10 po is L+
Refer to the Neighborhood Assistanc ram Guidelin'l more information about
"\77'-1,,:1;;,,>,
the Large Projects Fund, as well as the ents that m~~fbe met to successfully
apply and receive a Large Projects Fun impOffantly, contact the
Neighborhood Services staff for early ad about developing a project
idea and preparing a com ' 'e applicati
The Small Proje
request up
make a~,..
and fir;\~' '
Who Can
. Neighbor ganizations of residents or businesses,
. Local, comm sed organizations that advocate for the interests of
disadvantaged pie; or
. Ad-hoc groups of neighbors who form a committee solely for the purpose of carrying
out a specific project.
All applicants groups must have an open membership and must actively seek
involvement from area residents and/or businesses,
ns four times each year for projects that
d th be completed in six months, This Fund is intended to
imP\~,~Jects, allowing neighborhood groups to plan, start
an a'f$l'month time period,
Types of Projects:
Proposed projects must "fit" one of the following types:
3
. Neighborhood Planning and/or Design: Produce a plan, design, or report outlining
specific actions that will serve as a guide for future action in or changes to the
neighborhood,
. Neighborhood Organizing: Create, diversify, or enlarge the membership of a multi-
issue neighborhood organization in a low-income neighborhood,
. Neighborhood Physical Improvement: Build, enhance, or renovate a structure or site
in the neighborhood that provides a public benefit.
. Neighborhood Non-Physical Improvement: A community building activity or event
that serves the purpose of strengthening the neighborhood and/or relationships
among neighbors,
. Public School Partnership: Pilot or start up program that gji:~f,;tly benefits a public
school and the immediate neighborhood, '
Review Process:
'''l'>>>
Once an application is submitted, it is reviewed alJ!il#fated by Neighbor Services
staff, as well as staff from other city departmen' at may,pave a conne to the
proposed project. Award recommendations a " red .i;I:staff and approved by the
Neighborhood Services Manager.
Rating Criteria: Applications are rated using the folio
Community Benefit (Total possible
. Project proposed a good approac ,"
',{i'. ft';
. Project will result in outcomes that ~1~6nsiste
are beneficial to t unity, (0-1l%'points)
. Project activiti 'Build munity," (iL~,:l::>roject creates stronger bonds between
neighbors a ter c ection in the';'community,) (0-10 points)
Participation (Total pos
. Pro'
oodproblem, (0-10 points)
ith its intended goal(s) and
po
ints)
ractic1h of diverse parts of the community (e,g,
'ess/residents, intergenerational pairings, different abilities,
ethnic groups, (0-10 points)
tes collaboration between youth and adults, with meaningful
-5 points)
Project Feasibility (Total possible points = 20)
. Proposed project is well planned and ready for implementation, (0-10 points)
. Budget reliably represents the project's expenses and revenue, (0-10 points)
Match (Total possible points = 25)
. Match is realistic and appropriate to the projects (0-10 points)
. The project proposes more than 25% match from the neighborhood/community,
(0-5 points)
.
" s to involve neighbors in shaping and carrying out
4
· Neighborhood match is documented, (0-10 points)
I The Neighborhood Outreach Fundi
Both t
equal'th
When to Ap
Neighborhood g
anytime throughou
Neighborhood Se
The goals of the Neighborhood Outreach Fund are:
1) Help neighborhood-based organizations increase their membership; or
2) Provide leadership training and technical assistance to help ,enhance the skills of
its members, The Fund offers established neighborhood 9~izations one-time
awards of up to $500,00 for special membership expal'\~!on orieadership
development projects,;'"
" "">!
Who Can APPlY?;; ))!;\!';
Established neighborhood organizations (e,g, neigh~tf\:bod associati~,homeowner
associations, neighborhood business organizatiog~) can apply, The grol!i~\,['I}Ust have
an open membership; cannot discriminate in the)~Qmissio f members; amd must
actively seek membership or involvement of rt~igi'l;:;;; idents and business
operators,
Types of Projects:
. Membership Expansion: Using a va
to get more people involved/connect
encouraged to develop an outreach st
their community, i,e, se' , renters, y
disenfranchised, et9.~~ the stron
diversity of the n "borho
. Leadership DeJ'elo <;:lIe programs designed to enhance neighborhood
organizing and leader;'~l'lers, This will assure that the organization
has the <4 on '~members - to lead and continue the work of the
organ"ll'on in . re,'<;;~.
,'Y
e neignborhood match (cash or in-kind donations) that
st amount.
,<v
{;''Organizations can apply to the Neighborhood Outreach Fund
year. Applicants must submit the appropriate application to
ces
Review Process:
Applications are reviewed by the Neighborhood Services staff, Within 30 days of
submitting an application, a group will be notified of the award decision, Then a Letter of
Agreement between the City (via Neighborhood Services) and the group is executed,
The project can start once the Agreement is in place,
Rating Criteria:
Community Benefit (Total possible points = 40)
5
. Project proposed a good approach to a neighborhood problem, (0-10 points)
. Project will result in outcomes that are consistent with its intended goal(s) and
are beneficial to the community, (0-10 points)
. Project activities "Build Community," (i,e, Project creates stronger bonds between
neighbors and greater connection in the community,) (0-10 points)
. Project provide innovative solution to stated community problem (0-10 points)
Participation (Total possible points = 30)
. Project includes opportunities to involve neighbors in shapirt~ and carrying out
the project. (0-10 points) ,iin!ii"
. Project promotes interaction of diverse parts of the c
renters/owners, business/residents, intergeneratiol')"
or different racial and ethnic groups, (0-1 0 point~)m!1'
. The project promotes collaboration between~lJtft\a~d adults,
roles for each, (0-10 pointS),'
<<il>.,'::"
Project Feasibility (Total possible points =15)'\,;),
,i!i>>>,. .
. Proposed project is well planned and ready f6~K"
. Budget reliably represents the 'ecl's expense
Match (Total possible points = 15)
. Match is realistic and appropriate
. The project propose ore than 25
(0-5 points)
. Neighborhoo
ity (e,g,
, different abilities,
lementation, (0-10 points)
revenue, (0-5 points)
points)
the neighborhood/community,
of'''>
6
IEmergency Generator and/or Ice Machine Fundi
The goal of this fund is to provide neighborhood-based organizations, including Faith-
based Institutions with a one-time award of up to $4,300,00 to purchase emergency
generators and/or ice machines and place at approved facilities to ensure the safety
and well-being of residents during hurricane disaster relief efforts,
Who Can Apply?
Established neighborhood organizations (e,g" neighborhood associations, homeowner
associations, or neighborhood business organizations) and faith-based-based
institutions primarily run by volunteers, The groups must have an qp,l'!n membership;
cannot discriminate in the admission of members; and must act!f~jY'seek membership
or involvement of neighborhood residents and business oper.a~s,
When to Apply: ,i,&,r""~'}t!~
/',,~{:/'i;~,
Neighborhood groups or organizations can apply to t,g,@f,!ii,!l1'ergencY~i~rator and Ice
Machine Fund anytime throughout the year. The aiplican1 must compret~Jhe NAMF
application, ,'"
Project Requirements:
Both types of projects require neighborhood match ( , r in-kind donations) that
equal the value of the request amount), Sweat e ui ot be counted as match,
All organizations making application to house or meeting
facility that will accommodate large gath acce$ Ible to the general public,
Faith-based institution facilities shall be s~a,rl ' orship center. Personal
residences are rohibite ad not an alWable fa I ,
All ice machines shall at clubho(\es and meeting facilities equipped with
emergency generat" ""
All emergency generato I'ld hard wired must be installed by a
licensed electr' '
ntenance for emergency generators or ice machines
" borhood Assistance Matching Fund,
d!i>
Associations an "Based institutions must provide a copy of a current hurricane
assistance plan al~" with their application to be eligible for a matching fund award,
As part of the review process a site visit will be required to determine suitability and
feasibility for distribution of all relief benefits,
Review Process:
Once an application is submitted, it is reviewed and rated by Neighborhood Services
staff and other city staff as well as members from the Community Relations Board,
Relying on the projects' final scores Neighborhood Services staff prepares the
notification of awards, Applications are rated using the following criteria:
Community Benefit (Total possible points = 45)
sociations or Faith-Based institutions must provide
htracted to install the emergency generator as well
7
. Project will result in outcomes that are consistent with its intended goal(s) and
are beneficial to meeting the community and general public needs, (0-15 points)
. Organization operating budget is documented as $50,000 or less, (0-15 points)
. Project or activity benefits a geographic (district population) neighborhood (0-15
points)
Participation (Total possible points = 20)
. Project includes opportunities to involve neighbors in shaping and carrying out
the project. (0-1 0 points)
. Project promotes interaction of diverse parts of the comml:/F\~,(e,g,
renters/owners, businesslresidents, intergenerational ~r~lngs, different abilities,
or different racial and ethnic groups, (0-5 points)i~:"~"
. The project promotes collaboration between youth:~nd ad ith meaningful
roles for each, (0-5 points) t'~,0
Project Feasibility (Total possible points = 20
. Proposed project is well planned and re J imp,~entation, points)
;y'> ,"t2'"' '
. Budget reliably represents the project's expen' nd revenue, (0-10 points)
Match (Total possible points = 15)
. Match is realistic and appropriat'
. The project proposes more than 2 0
(0-5 points)
. Neighborhood m~ '
Applicants are notifi the a '" d decision 'in 4 weeks of submitting an
application, Applic nt u,,(_~2.,,!he N~ F Program Guidelines for more
information about the 8m :tF~ects Fund, as well as the requirements that
must be me fully and receive an award, More importantly, contact the
Neighbor d 8erv ana r,!ilar1y advice and guidance about developing a
project' a and prepa coni ive application, Application deadline dates are
noted"l Application,
ints)
neighborhood/community,
8
.
City of Boynton Beach Neighborhood Services
Neighborhood Assistance Matching Fund
2006 APPLICATION
General Information
The strength of the City of Boynton Beach is in its neighborhoods, The Neighborhood Assistance Matching
Fund program was created to help build stronger neighborhoods by providing a cash grant award for projects
that are a public benefit and bring neighbors together and provide opportunities for lasting community
improvements, The Projects Funds are all components of the Neighborhood Assistance Matching Fund,
Depending on the Projects Fund, applications will be accepted at specific times:,9jJring the city's fiscal year
(October 1 - September 30), For more information, call the Neighborhood ServICes at 561-742-6029,
Before completing and submitting the NAMF application, read the NAMf,i~ui~lines and discuss the project
idea with the Neighborhood Services Manager to ensure that the proj~~:ts ag~ii9fit for the Fund, You can
receive a copy of the Guidelines and talk to the manager by callin9c,(561) 742-6029:, Also, remember the
following: ,",'
,June 15th, and October 31st
For information contact the Neighborhood Service:sat561'S7~~7P029,T~~:application and attachments must
be received by Neighborhood Services by 5:00 p'r1):,on th~.gea~!ip~date, Late applications will not be
accepted, Please make sure you arE~ 'g the curri'!1'lt y~l:'s appl~lon form,
)~?%:''::~e~:'"
1, Submit an original and six
x 11" in size and printed
original.
all questions or indicate that a question is "not
2, The application must be
applicable,"
3, Re-check:~;'gudget calcJf~Ubns to the figures are in the correct columns and the math is correct.
t,' ,,\,'(':<0':
he~?ject's matchttn written pledges that are included as attachments to the application,
5, Make sure YOU'v~~(weCtlYid~niified the project's contact person on the first page of the application,
including their currel'\ti~9qr~~s and phone numbers, This is the person who will be contacted if there are
any questions about tfj~~J:ipiication,
6, Notification, Within 30 working days (about 6 weeks) of the application deadline, applicants are notified of
award decisions and specific conditions, if any, that need to be met before a contract is executed,
7, Contracting, Within 60 working days (about 12 weeks) of the application deadline, an Agreement for
Services, a contract between the neighborhood organization and the City, is finalized and signed,
authorizing the project to begin, The City has no responsibility to reimburse the organization for any
expenses incurred before the Agreement is in place,
lte: Awards will be rescinded for projects not ready for contracting within 60 working days of the application
ueadline,
City of Boynton Beach
NAMF-EGIM Application
City of Boynton Beach Neighborhood Assistance Matching Fund
ct
EMERGENCY GENERATOR AND ICE MACHINE PROJECT
2006 APPLICATION
Submit the oriqinal and 6 copies of the application form and attachments to the City of Boynton Beach, Neighborhood
Services, 100 E, Boynton Beach Boulevard, P 0, Box 310, Boynton Beach, FL 33435-310, (561) 742-6029, The
application and copies must be received by 5:00 p,m, on the due date.
Applicant Contact Information
Applicant Organization:
Project Contact Person:
District:
Physical Address:
Mailing Address:
DaylWork Phone:
Home E-Mail Address:
Work E-Mail Address:
Supple,
Does your organization have a curretJ;~,g~.jg,!Jborhoo
>>?:;),:i"'.....>,":f:':...:
(The answer to this question may aft, ~!,<youra~r,d decisi
>%,"'. .r,'",.;
Will your organization open yq,lllrtacility to t~general
the needs of your immediate~R,l!)munitY/d~x~i9PlTlent?
question may affect your award del}[l1!pn,) ,- .
tallnformatioiJ
e plan (yes/no)?
DYES 0 NO
DYES 0 NO
Project Information
How will fun
What will be'
accomplished:
Describe organization and
purpose:
,
Number of people to ~
served: I
I
City of Boynton Beach
NAMF-EGIM Application
I
I
I
I
I
I
2
, I Description of project
I outreach:
Outline the criteria to be
used to determine who will
be served:
Expenses
"i.';,o;:;<X>
-hi;;"'\''''
BUdgeHJjfQrmation
Match
Total
TOTAL BUDGET
The signatory declares that s/he is the elected Chair Of President of the applicant organization, assures that a majority of members of
the organization's governing board have voted to undertake this project, and assures that any funds received as a result of the
application will be used only for purposes set forth herein. Project Sponsor attended a workshop on
or met on . with the Neighborhood Services Manager.
Name & Title
(print):
Signature:
ddress/Zip:
Day
Phone:
City of Boynton Beach
NAMF-EGIM Application
3
W('~"'"
" '
r
VI.-CONSENT AGENDA
ITEM E.
CITY OF BOYNTON BEACF
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
MeetinlZ Dates in to City Clerk's Office Meetinll Dates in to City Clerk's Office
0 Apri14,2006 March 20, 2006 (Noon,) 0 June 6, 2006 May 15,2006 (Noon)
0 April 18, 2006 April 3, 2006 (Noon) 0 June 20, 2006 June 5, 2006 (Noon)
0 May 2, 2006 April 17, 2006 (Noon) 0 July 5, 2006 June 19,2006 (Noon)
r8J May 16, 2006 May 1,2006 (Noon) 0 July 18,2006 July 3, 2006 (Noon)
0 Administrative 0 Development Plans
NATURE OF r8J Consent Agenda 0 New Business
AGENDA ITEM 0 Public Hearing 0 Legal
0 Bids 0 Unfinished Business
0 Announcement 0 Presentation "-
0 City Manager's Report '--i--'-,
. " -c__
':':
! ,.,
RECOMMENDATION: Motion to approve the "CORTINA pun" Record Plat, conditioned on the approvarDeing th...:'
certification of the plat documents by H, David Kelley, Jr" (City Engineer and Surveyor & Mapper), ,,'"
EXPLANATION: The record plat review for this project conunenced on February 9, 2006, to which the secbna ~l
review is currently being completed, Several plat preparation changes not withstanding, staff now reconunend!!~at ~ity
Commission approve the plat as presented, subject to final signatures by the City Engineer and Mayor. This record plkis the
next step in the BOYNTON TOWN CENTER development to acconunodate the residential component along the east fu'f of
the project. The record plat preparer has stated that all minor changes necessary to this instrument will be in compliance with
those conunents noted in the last review letter.
PROGRAM IMPACT: The proposed development will continue to be delayed until the proposed record plat (and
construction plans) have received technical compliance pursuant to the Land Development Regulations, The land
Development Pemrit (LDP) cannot be issued until the proposed record plat is acceptable for recording with the Clerk of the
Circuit Court of Palm Beach County, Florida, Construction pemritting conunences after the issurance of the LDP,
FISCAL IMPACT: None
AL TERNA 'fIVES: The proposed development will continue in abeyance until the proposed record plat is received in
acce~:c;~:;d ~~ construction plans ha~e :een approved for penru~
~ ['J (Ok Departm nt City Manager's Signature
Public Works / Engineering Division
Department Name
City Attorney / Finance / Hwnan Resources
SoIBUIlETIN\FORMSIAGENDA ITEM REQUEST FORM,DOC
OLD BOYNTON ROAD
LoeA TION MAP
S 20, T 45 S, R 43 E ,
NOT TO SCALE
~
~,::o'"
_f '., \
'0, ,/,..0
.;'(~~';::6 ;,:t':;;::-"/
VI.-CONSENT AGENDA
ITEM F.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must he Turned
MeetinlZ Dates in to City Clerk's Office Meetine Dates in to City Clerk's Office
0 April 4, 2006 March 20, 2006 (Noon.) 0 June 6, 2006 May 15, 2006 (Noon)
0 April] 8, 2006 April 3, 2006 (Noon) 0 June 20, 2006 June 5, 2006 (Noon)
0 May 2, 2006 April 17, 2006 (Noon) 0 July 5, 2006 June 19,2006 (Noon)
I:2J May] 6,2006 May 1,2006 (Noon) 0 July] 8, 2006 July 3, 2006 (Noon)
0 Administrative 0 Development Plans
NATURE OF I:2J Consent Agenda 0 New Business
AGENDA ITEM 0 Public Hearing 0 Legal
0 Bids 0 Unfinished Business
0 Announcement 0 Presentation
0 City Manager's Report
RECOMMENDATION: Motion to accept the written report to Commission of purchases over $10,000 for the month of
April 2006,
EXPLANATION: Per Ordinance 001-66, Chapter 2, Section 2-56:] Exceptions to competitive bidding, Paragraph b, which
states: "Further, the City Manager, or in the City Manager's absence, the Acting City Manager is authorized to execute a
purchase order on behalf of the City for such purchases under the $25,000 bid threshold for personal property, conunodities,
and services, or $75,000 for construction, The City Manager shall file a written report with the City Manager, or Acting City
Manager".
PROGRAM IMPACT: Ordinance 001-66, Chapter 2, Section 2-56,1 has assisted departments in timely procurement of
connnodities, services, and personal property. Administrative controls are in place with the development of a special
processing form titled "Request for Purchases Over $10,000" and each purchase request is reviewed and approved by the
Department Director, Purchasing Agent, and City Manager,
FISCAL IMPACT: Ordinance 001-66, Chapter 2, Section 2-56,1 has assisted departments in timely procurement of
commodities, services, and personal property. Administrative controls are in place with the development of a special
processing fonn titled "Request for Purchases Over $10,000" and each purchase request is reviewed and approved by the
Department Director, Purchasing Agent, and City Manager.
Procurement Services
Department
ALTERNATIVE: Revert back to the old bid threshold of$IO,OOO,OO
S,IBULLETINIFORMSIAGENDA ITEM REQUEST FORM DOC
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CITY OF BOYNTON BEACH
APPROVED REQUESTS FOR PURCHASES OVER $10,000
FOR MONTH ENDED April 2006
1, Vendor: Presidio Corporations Purchase Amount: $ 74,602,72
Requesting Department: ITS Contact Person: John McNally
Brief Description of Purchase:
Computer Equipment & Software
Source for Purchase: State Contract Fund Source: 001-1510-513-64-15
Computer Equipment
2, Vendor: Fisher Scientific Purchase Amount: $ 95,726,00
Requesting Department: Fire Rescue Contact Person: Yvonne Westerman
Brief Description of Purchase:
70 sets of structural firefighter gear that will meet the requirements of the current NFPA standards,
Source for Purchase: State Contract Fund Source: 105-3021-513-64-06
EMW-2005 Grant
3, Vendor: C,R. Dunn, Inc Purchase Amount: $ 11,300,O(
Requesting Department: Recreation Department Contact Person: Jody Rivers
Brief Description of Purchase:
Galaxy Park ball field lighting fixtures and lamp replacement due to hurricane Wilma damage,
Source for Purchase: PBC Bid #05-020R/MF Fund Source: 001-1211-512-52-95
Ooeratina Supolies
4, Vendor: Trane Purchase Amount: $ 10,060,00
Requesting Department: Facilities Contact Person: Jeff Livergood
Brief Description of Purchase:
Annual Chiller Inspection
Source for Purchase: School Board Contract #05C-50J Fund Source: 011-2511-519-46-25
Mechanical Reoairs
The purchases presented in this written report were approved in accordance with the provisions of Ordinance 2,56,
and are now being presented to ~:6Zn as required,
City Manager Approval: ~
I-{-~-O\o
Date:
Presented to Commission for information on May 16, 2006
1 of 1
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
VI.-CONSENT AGENDA
ITEM G.
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meetine: Dates in to City Clerk's Office Meetine: Dates in to City Clerk's Office
D April 4, 2006 March 20, 2006 (Noon.) D June 6, 2006 May J 5, 2006 (Noon)
D April 18, 2006 April 3, 2006 (Noon) D June 20, 2006 June 5, 2006 (Noon)
D May 2, 2006 April I?, 2006 (Noon) D July 5, 2006 June 19,2006 (Noon)
[gJ May 16, 2006 May 1,2006 (Noon) D July 18, 2006 July 3, 2006 (Noon)
D Administrative D Development Plans
NATURE OF [gJ Consent Agenda D New Business
AGENDA ITEM D Public Hearing D Legal
D Bids D Unfinished Business
D Announcement D Presentation
D City Manager's Report
RECOMMENDATION: Adopt the Risk Management Policy.
EXPLANATION: While the City has the elements of a Risk Management Plan, it lacks an adopted policy statement by the
City's Governing Body. The Risk Management Department has drafted this Policy Statement to serve as an overview of how
the City manages risk, see Exhibit A. The Rjsk Management Manual has thirty-five sections. Please see Exhibit B, the Table
of Contents, for information purposes only. The Manual is updated periodically throughout the year, as needed, and with new
sections. This Policy Statement was created to meet a standard of accreditation for the Recreation and Parks Department.
The standard requires that the governing body of the agency approves a Rjsk Management Policy, from which other policies
and procednres are derived. This Policy Statement becomes part of the Rjsk Management Manual which is a city-wide
document and contains policies and procedures outlined in Exhibit B.
PROGRAM IMP ACT: Adopting the Risk Management Policy will help to clarifY the City's efforts to identifY
responsibilities and levels of authority as they relate to identifYing, managing and reducing risk to the City, employees,
volunteers and the general public.
FISCAL IMPACT: There is no fiscal impact to adopting the Risk Management Policy.
ALTERNATIVES: N/A
~APf
City Manager's Signature
Risk Management
Department Name
City Attorney I Finance I Human Resources
SIBULLHINIFORMSIAGENDA ITEM REQUEST FORM. DOC
~
EXHIBIT A
Risk Management Policy
The City of Boynton Beach operates under a centralized Risk Management Program. All
Departments will work cooperatively with the Risk Management Department on
programs to enhance loss prevention, loss control and risk financing.
Each Department is responsible to follow the administrative policies set forth by the City
Manager and Risk Manager to reduce the risk of injury to staff and the general public.
The City's Risk Management Plan has been developed to address its primary sources of
loss, which include employee injuries and public hazards. Risk management is
accomplished through a comprehensive safety program, which is outlined in the Risk
Management Manual, the Safety Manual and Chapter 12 of the City's Administrative
Policy Manual. All staff are expected to adhere to all policies and procedures contained
in these documents as a condition of employment, and Department Directors are
responsible to ensure that staff receive appropriate training in these areas.
The City's Safety Program is decentralized through the City Safety Committee,
consisting of Departmental Safety Coordinators who are responsible to implement the
ongoing Safety Program. The Program is established to motivate and promote safety
awareness among City employees for the prevention of incidents involving vehicles and
equipment, property loss and personal injurics.
All employees are responsible for cooperation with, and support of the Safety Program,
The Risk Manager shall monitor and analyze incidents involving worker, vehicle and
public facilities safety, Incidence Rates will be determined and reported to the City
Safety Committee. These findings will be utilized to recommend changes in programs
within departments and throughout the City,
Documents within these plans and programs shall be reviewed annually and updated as
necessary by the Risk Manager and the Safety Committee.
Approved by City of Boynton Beach City Commission, May 16, 2006.
dm/cjm
4/27/06
RISK MANAGEMENT MANUAL
TABLE OF CONTENTS
EXHIBIT B
A. Risk Management Plan
B. Organizatian Chart
C. Web Site Information
D. Job Description - Risk Manager
E. Job Description - Claims Administrator
F. Job Description - Risk Management Assistant
G. Back Safety & Lifting Plan
H. Crane Safely Manual
I. Deposilion Preparation
J. Drivers Licenses and Records
K. Fire and Emergency Evacuation Guidelines
L. Incident Investigation Report Form (RM 200, Non-Employee, Non-MVA)
M. Incident Report Form
N. Incident Reporting Involving the General Public
a. Incident Review Board
P. Insurance Requirements for Contracts, Agreements, and Leases
Q. Municipal Self Inspection and Checklists (FL League of Cities)
R. Municipal Self Inspection and Checklists (Preferred Governmental Ins Trust)
S. Personal Protection Equipment
T. Personal Protection Equipment Attachment (Specification Table)
U. Receipt and Handling of Subpoenas, Summons, Complaints, etc.
V. Safe Driver Program
W Safety Committee
X. Safety Counseling Form
Y. Safety Footwear Checklist
Z. Safety Manual
1. Seatbelt Requirements
2. Supervisors Report of Incident
3. TULIP (Tenant User Liability Insurance Program)
4. Workers' Compensation Claims
5. Workers' Compensation Managed Care Arrangement
6. Workers' Compensation Quality Assurance Goals and Objectives
7. Workplace Violence
8. Current Schedule of Insurance
9. Current Department Emergency Operations Plan
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l"ON
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORlVl
VI.-CONSENT AGENDA
ITEM H.
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meetine: Dates in to City Clerk's Office Meetin!! Dates in to City Clerk's Office
D April 4, 2006 March 20, 2006 (Noon.) D June 6, 2006 May 15,2006 (Noon)
D April 18,2006 April 3, 2006 (Noon) D June 20, 2006 June 5, 2006 (Noon)
D May 2. 2006 April 17 ,2006 (Noon) D July 5, 2006 June ]9,2006 (Noon)
[gJ May 16, 2006 May 1,2006 (Noon) D July 18, 2006 July 3, 2006 (Noon)
D Administrative D Development Plans
NATURE OF [gJ Consent Agenda D New Business )---1
AGENDA ITEM D Public Hearing D Legal
D Bids D Unfinished Business -
D Announcement D Presentation 1',)
r;:)
D City Manager's Report -::-]
-~~ t.CJ
RECOMMENDATION: Replace vacant Assistant Fire Marshal (approved in 05-06 fly budget) with Fire Protection Engineer:pbsitj<?1!-!~;
U; r-r;,:')
EXPLANATION: This original position was included in last year's budget request. Since that time, there has been an increase in the :-.c:
number of technical fire protection issues relating to the city's rapid growth of current and proposed large scale multifamily residential and
high rise building complexes. Specific technical expertise and previous experience issues became a concern as our Fire Marshal
reevaluated departmental needs as he prepared for the hiring process to fill this current position. Based on the lack of qualified candidates
that applied for the Assistant Fire Marshal position and the lack of technical expertise shown by those who did apply, it was determined
that the most prudent course of action was to request a change in our budget to exchange the Assistant Fire Marshal position for that of a
Fire Protection Engineer.
PROGRAM IMPACT: This replacement position will allow our Fire and Life Safety Bureau to hire a more appropriately trained and
certified individual to manage the intricacies of dealing with sophisticated fire protection systems now being required and installed on
numerous building projects. This technology shift will continue to grow as new fire protection systems become available and the public,
insurance companies and legislators demand safer buildings for their residents as well as our fire fighters. This position will also function
as a back up for our Plans Reviewer and new construction inspection.
FISCAL IMPACT: This position is being funded through renegotiated revenues received from our interlocal service agreements. Since
the filling of this position has been delayed there are sufficient salary funds to support the increase in pay grade change from the Assistant
Fire Marshal position to Fire Protection Engineer position. The $2266 increase in salary expense incurred for the remaining of this fiscal
year will come from salary surplus. Continued funding for this position will be requested in our FlY 2006-07 personnel budget requests.
AL TERNA TIVES: Continue to attempt to hire an Assistant Fire Marshal with expanded certifications and experience or hire a
conventional Assistant Fire Marshal and attempt to deal with the additional technical fire protection issues through other means such as
hiring an additional Fire Protection Engineer consultant or full time position in next y r's budget request. Not modifYing this position
could result in the hiring~ember that would not fill the current departm nt' nee
Fire Rescue Department
Department Name
epartment Head's Signature
S.IBULLETINIFORMSIAGENDA ITEM REQUEST FORM.DOC
~
C lass Code 15089
Grade: 23
38,872 f 47,847 f 59,809
FLSA:E
CITY OF BOYNTON BEACH, FLORIDA
CLASSIFICATION SPECIFICATION
CLASSIFICATION TITLE:
FIRE PROTECTION ENGINEER
PURPOSE OF CLASSIFICATION
The purpose of this classification is to perform professional engineering work involving application of fire
science and engineering principles to protect cilizens and their environment from destructive fire through
conducting engineering analysis of fire hazards, examinalion of construction plans, and/or inspections of
structures or construction sites 10 ensure compliance with applicable City, fire safety, and life safety codes.
ESSENTIAL FUNCTIONS
The following duties are normal for this position. The omission of specific statements of the duties
does not exclude them from the classification if the work is similar, related, or a logical assignment
for this classification. Other duties may be required and assigned.
Interprets, explains, applies, and ensures compliance with provisions of local fire prevention and life safety
codes, National Fire Protection Association codes, State Fire Marshal Uniform Regulations, and other
applicable federal, state, and local codes, laws, rules, regulations, specifications, standards, policies and
procedures; researches codes as necessary; initiates any actions necessary to correct deviations or
violations.
Utilizes engineering judgment and an understanding of the basis for design to evaluate performance based
on engineering analysis and to provide alternate methods for construction/design of structures.
Examines proposed plans for residential/multi-unit structures and commercial/industrial structures to
determine architectural, structural, and fire/life safety integrity and compliance with applicable
regulations/standards; reviews submitted permit applications, building plans, blueprints, construction plans,
and related construction documents for conformance wilh all applicable guidelines; evaluates proposed
construction plans for adequacy of built-in life safety features/systems.
Meets with permit applicants, design professionals, and affected agencies to determine applicability of fire
codes or regulations.
Approves or disapproves proposed plans in accordance with applicable codes, standards, and regulatory
requirements; discusses regulatory requirements, problem areas, or disapproved items with permit
applicants, property owners, architects, engineers, contractors, and other individuals to obtain plan changes
necessary for approval; provides alternate methods of design and recommends solutions to problems;
makes decisions regarding feasibility of deviations from codes under various conditions.
Conducts field inspections of new residential, multi-unil, commercial, and industrial structures in the City for
architectural and structural integrity to ensure compliance with fire codes.
@MAXIMUS, INC.
Page 1
Last Revised: June, 2002
City of Boynton Beach, Florida' Fire Protection Engineer
15089
Provides technical information and assistance concerning fire/life safety codes, requirements, deficiencies,
violations, and related issues; interprets fire codes and technical information; responds to questions or
complaints.
Maintains current resource/support materials such as code books, law books, ordinances, maps,
manufacturer listings, computer files, policies/procedures, manuals, or other materials for reference
purposes, to determine applicable codes and regulations, and to determine possible contributing factors to
fire incidents; maintains, organizes, and updates records/files to facilitate proper identification, retrieval and
storage.
Compiles or monitors various data; analyzes data, establishes fact, identifies trends, and draws logical
conclusions; summarizes data and prepares reports.
Provides budgetary input; assists in monitoring expenditures to ensure compliance with approved budget.
Prepares or completes various forms, reports, correspondence, comment sheets, billing reports, position
statements, technical study reports, statistical analyses, training reports, or other documents.
Receives various forms, reports, correspondence, billing data, permit applications, blueprints, construction
plans, building plans, technical journals, abstracts, maps, laws, codes, ordinances, rules, regulations,
standards, policies, procedures, manuals, directories, reference materials, or other documentation; reviews,
completes, processes, forwards or retains as appropriate.
Operates a motor vehicle, personal computer, general office equipment, drafting instruments, or other
equipment as necessary to complete essential functions, to include the use of word processing,
spreadsheet, database, e-mail, Internet, or other computer programs.
Communicates with supervisor, employees, other departments, City officials, property owners, contractors,
builders, engineers, architects, design professionals, plan reviewers, inspectors, the public, outside
agencies, and other individuals as needed to coordinate work activities, review status of work, exchange
information, or give/receive advice/direction.
Attends meetings and makes presentations as needed.
Maintains a comprehensive, current knowledge of applicable laws, regulations, policies, and procedures;
maintains an awareness of new methods, trends, and advances in the profession; reads professional
literature; maintains professional affiliations; attends workshops and training sessions as appropriate.
ADDITIONAL FUNCTIONS
Calculates billing for customer charges; prepares billing reports.
Performs general/clerical tasks, which may include entering data into computer, making copies,
sending/receiving faxes, filing documentation, or processing incoming/outgoing mail.
Provides assistance to other employees or departments as needed.
Performs other related duties as required.
MINIMUM QUALIFICATIONS
@ MAXIMUS, INC.
Page 2
Last Revised: June, 2002
City of Boynton Beach, Florida. Fire Protection Engineer
15089
Bachelor's degree in Fire Science or closely related field; supplemented by six (6) years previous
experience and/or training that includes fire protection engineering, construction plan review, fire inspection,
fire/life safety code interpretation, and building construction trades; or any equivalent combination of
education, training, and experience which provides the requisite knowledge, skills, and abilities for this job.
Must possess and maintain valid State of Florida Fire Safety Inspector Certification. Must possess and
maintain a valid Florida driver's license.
PERFORMANCE APTITUDES
Data Utilization: Requires the ability to evaluate, audit, deduce, and/or assess data using established
criteria. Includes exercising discretion in determining actual or probable consequences and in referencing
such evaluation to identify and select alternatives.
Human Interaction: Requires the ability to apply principles of persuasion and/or influence over others in
coordinating activities of a project, program, or designated area of responsibility.
Equipment. Machinery. Tools. and Materials Utilization: Requires the ability to operate and control Ihe
actions of equipment, machinery, tools and/or materials requiring complex and rapid adjustments.
Verbal Aptitude: Requires the ability to utilize a wide variety of reference, descriptive, advisory and/or
design data and information.
Mathematical Aptitude: Requires the ability to perform addition, subtraction, multiplication and division;
ability to calculate decimals and percentages; may include ability to perform mathematical operations with
fractions; may include ability to compute discount, interest, profit and loss, ratio and proportion; may
include ability to calculate surface areas, volumes, weights, and measures.
Functional Reasoninll: Requires the ability to apply principles of influence systems, such as motivation,
incentive, and leadership, and to exercise independent judgmenl to apply facts and principles for developing
approaches and techniques to resolve problems.
Situational ReasoninQ: Requires the ability 10 exercise judgment, decisiveness and creativity in
situations involving the direction, control and planning of an entire program or set of programs.
ADA COMPLIANCE
Phvsical Abilitv: Tasks require the ability to exert very moderate physical effort in light work, Iypically
involving some combination of stooping, kneeling, crouching and crawling, and which may involve some
lifting, carrying, pushing and/or pulling of objects and materials of moderate weight (12-20 pounds).
Sensory Requirements: Some tasks require the ability to perceive and discriminate colors or shades of
colors, depth, and visual cues or signals. Some tasks require the ability to communicate orally.
Environmental Factors: Performance of essential functions may require exposure to adverse
environmental conditions, such as dirt, dust, odors, wetness, humidity, rain, temperature and noise
extremes, fumes, smoke, hazardous materials, fire, unsafe structures, heights, confined spaces, traffic
hazards, bright/dim light, or toxic agents.
The City of Boynton Beach, Florida, is an Equal Opportunity Employer In compliance with the Americans
with Disabilities Act, the City will provide reasonable accommodations to qualified individuals with disabilities
@ MAXIMUS, INC.
Page 3
Last Revised: June, 2002
City of Boynton Beach, Florida' Fire Protection Engineer
15089
and encourages both prospective and current employees to discuss potential accommodations with the
employer.
@ MAXIMUS, INC,
Page 4
Last Revised: June, 2002
Class Code 15252
Grade: 18
34,154/40,986 I 51,232
FLSA:N
CITY OF BOYNTON BEACH, FLORIDA
CLASSIFICATION SPECIFICATION
CLASSIFICATION TITLE:
ASSISTANT FIRE MARSHAL
PURPOSE OF CLASSIFICATION
The purpose of this classification is to inspect commercial and multi-residenlial buildings for fire and life
safety violations. Employees in this classification educate the public regarding life safety and investigate fires
for cause and origin.
ESSENTIAL FUNCTIONS
The following duties are normal for this position. The omission of specific statements of the duties
does not exclude them from the classification if the work is similar, related, or a logical assignment
for this classification. Other duties may be required and assigned.
Conducts fire and life safety inspections; photographs fire scenes and violations; calculates inspection billing,
informs firefighters of hazardous conditions and unusual conditions found while conducting inspections.
Investigates fire cause and origin; investigates citizen complaints; collects evidence for lab analysis and trial
presentation; prepares investigation reports; investigates false fire alarms.
Reviews plans for new construction; researches and reviews codes and standards.
Conducts public educalion events; answers fire safety questions
Responds to complaints from citizens.
Assists and reports disabled vehicles; assists fire victims.
Observes and evaluates fire drills.
Prepares reports and forms for various tasks; operates a computer.
Conducts tests on materials for safety concerns.
Counsels juvenile fire setters.
Drives departmental vehicle to inspections; checks vehicle for required maintenance.
ADDITIONAL FUNCTIONS
Answers the telephone.
Files reports.
@ David M. Griffith & Associates, Ltd.
Page 1
Last Revised: November, 1998
Rate Revised: October 2001
City of Boynton Beach, Florida' Assistant Fire Marshall
15252
Performs other related duties as required.
MINIMUM QUALIFICATIONS
High school diploma or GED; supplemented by one (1) year previous experience and/or vocational/technical
training in firefighting, fire investigating, and code compliance; or any equivalent combination of education,
training, and experience which provides the requisite knowledge, skills, and abilities for this job. Must
possess and maintain certification as a Fire Safety Inspector. Must possess and maintain a valid Florida
driver's license.
PERFORMANCE APTITUDES
Data Utilization: Requires the ability to review, classify, categorize, prioritize, and/or analyze data.
Includes exercising discretion in determining data classification, and in referencing such analysis to
established standards for the purpose of recognizing actual or probable interactive effects and
relationships.
Human Interaction: Requires the ability to provide guidance, assistance, and/or interpretation to others
regarding the application of procedures and standards to specific situations.
Eauipment, Machinery, Tools, and Materials Utilization: Requires the ability to operate, maneuver
and/or control the actions of equipment, machinery, tools, and/or materials used in performing essential
functions.
Verbal Aptitude: Requires the ability to utilize a wide variety of reference and descriptive data and
information.
Mathematical Aptitude: Requires the ability to perform addition, subtraction, multiplication, and division.
Functional Reasonina: Requires the ability to apply principles of rational systems; to interpret instructions
furnished in written, oral, diagrammatic, or schedule form; and to exercise independent judgment to adopt
or modify methods and standards to meet variations in assigned objectives.
Situational Reasonina: Requires the ability to exercise judgment, decisiveness and creativity in situations
involving the evaluation of information against sensory, judgmental, or subjective criteria, as opposed to
that which is clearly measurable or verifiable.
ADA COMPLIANCE
Physical Abilitv: Tasks require the ability to exert moderate, though not constant physical effort, typically
involving some combination of climbing and balancing, stooping, kneeling, crouching, and crawling, and
which may involve some lifting, carrying, pushing and/or pulling of objects and materials of moderate
weight (12-20 pounds).
Sensory Reauirements: Some tasks require the ability to perceive and discriminate colors or shades of
colors, sounds, odor, depth, texture, and visual cues or signals. Some tasks require the ability to
communicate orally.
@ David M, Griffith & Associates, Ltd.
Page 2
Last Revised: November, 1998
City of Boynton Beach, Florida' Assistant Fire Marshall
15252
Environmental Factors: Performance of essential functions may require exposure to adverse
environmental conditions, such as dirt, dust, pollen, odors, wetness, humidity, rain, fumes, temperature
and noise extremes, machinery, electric currents, traffic hazards, toxic agents, disease, or pathogenic
substances.
The City of Boynton Beach, Florida, is an Equal Opportunity Employer. In compliance with the Americans
wilh Disabilities Act, the City will provide reasonable accommodations to qualified individuals with disabilities
and encourages both prospective and current employees to discuss potential accommodations with the
employer
@ David M, Griffith & Associates, Ltd.
Page 3
Last Revised: November, 199B
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORJ\;l
VI.-CONSENT AGENDA
ITEM I.
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meetinll Dates in to City Clerk's Office Meeting Dates in to City Clerk'5 Office
D April 4, 2006 March 20, 2006 (Noon.) D June 6, 2006 May 15,2006 (Noon)
D Aprill8,2006 April 3,2006 (Noon) D June 20, 2006 June 5, 2006 (Noon)
D May 2. 2006 April J 7,2006 (Noon) D July 5, 2006 June] 9, 2006 (Noon)
~ May 16,2006 May], 2006 (Noon) D July J 8, 2006 July 3, 2006 (Noon)
D Administrative D Development Plans
NATURE OF [gJ Consent Agenda D New Business
AGENDA ITEM D Public Hearing D Legal
D Bids D Unfinished Business
D Announcement D Presentation
D City Manager's Report
RECOMMENDATION:
Return cash bond of$2,750.00 to KMA Investment Properties LLC for the project known as Grove Plaza (Parcel D).
EXPLANATION:
On February 6,2006, the Building DIviSIOn sent to the Fmance Department a cash bond of$2,750.00 for the completion of
the pennitted work for the project known as Grove Plaza (Parcel D) located at 3920 Hypoluxo Road. The work has been
completed and the Certificate of Completion was issued on April 3,2006.
PROGRAM IMPACT: None
FISCAL IMPACT: None
ALTERNATIVES: No
Quintus
Development Department
Department Name
SIBULLETINIFORMSIAGENDA ITEM REQUEST FORM. DOC
CITY OF BOYNTON BEACH
P.O. BOX 310
BOYNTON BEACH FL 33425
C E R T I F I CAT E
o F
COMPLETION
Issue Date
4/03/06
Parcel Number
Property Address
08-43-45-07-20-000-0040
3920 HYPOLUXO RD
BOYNTON BEACH FL 33436
Subdivision Name
Legal Description
Property Zoning
COMMUNITY COMMERCIAL
Owner .
GROVE PLAZA - D LLC
2295 CORPORATE BLVD # 245
BOCA RATON FL 33431
Contractor
OCEAN GATE GENERAL CONTRACTORS
Application Number.
Description of Work
Construction Type
Occupancy Type
Flood Zone
04-00004269 000 000
SHELL ONLY
TYPE IV/UNPROTECTED
BUSINESS
C FLOOD ZONE/MIN FLOODING
SPECIAL CONDITIONS
GROVE PLAZA D LLC-SHELL BUILDING
FFE 17.4 LAG 17 MAP/PANEL 120192-190 B 10/15/82 B
Approved
~i~~(3t~~.J
VOID UNLESS SIGNED BY BUILDING OFFICIAL
The described portion of the structure has been inspected for
compliance with the requirements of the code for the occupancy
and division of occupancy and the use for which the proposed
occupancy is classified.
EXHIBIT "A"
P4/11/2006 10:26
5619985360
KMA INVESTMENT
PAGE 01/04
KMA Investment Properties LLC
1197 S. Rogers Circle
Boca Raton, Florida 33487
Ph. (561) 998-7100 Fax (561) 998-5360
sll1Yl/@kmainvestments.com
www.kmainvestments.com
Fax
To:
Timothy K. Large
From: Sara Finch
Fax:
561-742-6357
Fax:
561-998-5360
Phone: 561-742-6352
Phone: 561-998-7100
l>ate: 4/11/2006
Pages: 4
Subject: Pennit #04-4269, 3920 Hypoluxo Rd.
Notes: Tim-
Regarding the roof access ladder for the above project - the ladder has
now been installed and approved by the city. Please remit to us the
$2750 that we gave as bond money,
Thank you and please let me know if you have any questions.
Sara
EXHIBIT "B"
DEP ARTMENT OF DEVELOPMENT
BUILDING DIVISION
MEMORANDUM NO. 06-024
TO:
Bill Mummert. Director of Finance
Timothy K. Large, Building Code Administr~
February 6,2006
FROM:
DATE:
SUBJECT:
CASH BOND - GROVE PLAZA (Parcel D) - 3920 HYPOLUXO ROAD
Attached is a check for $2,750.00 from KMA Investment. This is a cash surety for Grove Plaza (parcel D)
and is to be held until all outstanding issues of their temporary Certificate of Completion are completed.
This should occur within 30 days.
Upon completion of the deficiencies of the permit and the issuance of the final Certificate of Completion,
the surety will be returned.
TKL:rs
Attachments/letter from Francisco Perez-Azua and check
XC: Permit File # 04-4269
EXHIBIT "c"
S:\Development\BUILDTNG\tvIemos\Cash Bonds - FY 2006\Grove Plaza (parcel D) 04-4269do(:
CPerez.
; Design
-- .......... ;\~
.'.... ..
January 6, 2006
Chief Building Official
100 East Boynton Beach Boulevard
Boynton Beach, FL 33425
Permit Application #04-4269 (Grove Plaza Parcel 'D'):
This is a shell building and bathrooms are not included. Such bUildings are to be part
of the future tenant build-out. As of January 6, 2006, the roof access ladder remains
to be installed at an approximate cost of $2,500.
cR~h
Francisco Perez-Azua, President
Perez Design Inc.
_.._-..._-_._-_._-.._-~_._...__._-._._-._-- --- --
--._-- ------- ---- -..~_..._._--._-_.-
EXHIBIT "D"
4205 W. AtlanlicAvenue, Suite 304
De/ray Beach, Fl 33445
Phone. 561.279.2006 Fax. 561.279.2801
,fiOlot5f.fCUMtlliT-tW.':TttTHE,(iGflf- ,':"
. ~CMXJOW3204NIALCENTRAL BOCA
.. ( BANK, N.A,
]3-97/1020
***JANUARY 09. 2006***
PAY TO
THE ORDER OF ***CITY OF BOYNTON"""
J *$**2,750.00"*. *____
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DRAWER: COLONIAL BANK, NA
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NAME OF REMITIEA
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EXHIBIT "E"
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
VI.-CONSENT AGENDA
ITEM J.
Requested City Commission Date Final Form Must be Turned Requested City Commission Date final Fonn Must he Turned
Meeting Dales in to City Clerk's Office Meetinl!Dates in to City Clerk's Office
D April 4, 2006 March 20, 2006 (Noon.) D June 6, 2006 May ]5,2006 (Noon)
D April 18, 2006 April 3, 2006 (Noon) D June 20, 2006 June 5, 2006 (Noon)
D May 2, 2006 Aprill?,2006 (Noon) D July 5, 2006 June 19,2006 (Noon)
[gJ May 16, 2006 May I, 2006 (Noon) D July 18, 2006 July 3, 2006 (Noon)
D Administrative D Development Plans
NATURE OF [gJ Consent Agenda D New Business
AGENDA ITEM D Public Hearing D Legal
D Bids D Unfinished Business
D Announcement D Presentation
D City Manager's Report
RECOMMENDATION: Authorize the use of Community Investment Funds from Commissioner Bob Ensler to the
Maddads of Greater Boynton Beach, Inc.
EXPLANATION: Commission approval is requested for allocation of$500 of Community Investment Funds for Maddads
of Greater Boynton Beach to be used for an after school program that supports underprivileged school children.
PROGRAM IMPACT: Allocation of funds will assist the program.
FISCAL IMP ACT: Funds are budgeted for this type of activity.
Investment funds to allocate, subject to Commission approval.
Each Commissioner has $10,000 in Community
ALTERNATIVES: Decline to authorize the requested expenditure.
Department Head's Signature
~
City Manager's Signature
Department Name
City Attorney / Finance I Human Resources
S:\RULLETfN\FORMS\AGENDA ITEM REQUEST FORM. DOC
EXHIBIT A
COMMUNITY INVESTMENT FUND
DISBURSEMENT REQUEST FORM
Part 1- Summary of Request
Date of Request: May J, 2006
Requested by Mayor/Commissioner: Commissioner Bob Ensler
Amount Requested: $500
Recipient/Payee: Maddads of Greater Boynton Beach, Inc.
Description of project, program, or activity to be funded: To be used for Mad Dads of
Greater Boynton Beach Inc. after-school program that supports underprivileged school
children.
Dated: 0'- J-- d
BY:~7-L--/~d
/J I
Part II-Availability of funds (to be completed by the Finance Director)
The annual appropriation of funds available to the requesting Member of the Commission
listed above is $10,000. $2,500 has been used to date by the requesting Member, leaving a
balance of available funds of$7,500. This request would bring the available amount down to
$7,000.
Accordingly:
)( There are funds available as requested
o There are insufficient funds available as
Dated: S /S/o ~
I I
By:
Part 111- Eligibility Evaluation (to be completed by City Manager)
1i1' The proposed expenditure of funds will not result in improvement to private
property;
li!f The recipient/payee provides services within the City of Boynton Beach;
z( The project, program or activity which is being funded will occur in the City
of Boynton Beach and participation is open to all residents ofthc City; and
er Proper safeguards will be implemented to assure that the public funds being
appropriated will be used for the stated purpose.
Dated:~
By:
J/~
City Manager
S:ICity MgrlAdminislrationlMA YORCOMICOMMUNITY INVESTMENT 2005-2006\BLANK FORM REVISED05-
06.doc
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VI.-CONSENT AGENDA
ITEM K.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meetine.Dates in to City Clerk's Office Meetinl'. Dates in to Citv Clerk's OlTice
D April 4, 2006 March 20, 2006 (Noon.) D June 6. 2006 May 15,2006 (Noon)
D April] 8,2006 April 3, 2006 (Noon) D June 20, 2006 June 5, 2006 (Noon)
D May 2, 2006 April 17, 2006 (Noon) D July 5, 2006 June 19,2006 (Noon)
[gJ May 16,2006 May 1,2006 (Noon) D July 18,2006 July 3, 2006 (Noon)
D Administrative D Development Plans
NATURE OF [gJ Consent Agenda D New Business
AGENDA ITEM D Public Hearing D Legal
D Bids D Unfinished Business
D Announcement D Presentation
D City Manager's Report
RECOMMENDATION: Motion to approve authorizing Commissioner Bob Ensler to contact the Palm Beach County
School District, in the capacity of an elected official of the City of Boynton Beach, on behalf of the Boynton Beach
Symphonic Orchestra.
EXPLANATION: The Boynton Beach Symphonic Orchestra has had difficulty finding an appropriate facility to hold group
practices. The Real Estate Services Management for the PBC School District has informed city staff that they are not
agreeable to changing the existing interlocal agreement nomenclature "Recognized Sports Provider" to something more
reflective of the broad nature of our past use, which included cultural activities. They have also denied the city's request to
add the Orchestra to the "Recognized Sports Provider" listing, which would allow them access to the Boynton Beach High
School facility. Commissioner Ensler, acting in the capacity of an elected official of the City of Boynton Beach, would like
to meet with the PBC School District Real Estate Services Management with the intent of finding suitable practice facilities
for the Boynton Beach Symphonic Orchestra,
PROGRAM IMPACT: None
FISCAL IMPACT: None
ALTERNATIVES: Not to authorize Commissioner Ensler to meet with representatives from the PBC School District on
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Department Head's Signature City Manager's Signature
Department Name
City Attorney I Finance I Human Resources
S\BULLETIN\FORMSIAGENDA ITEM REQUEST FORM.DOC
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
[x. - CITY MANAGER'S
REPORT
ITEM A
Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned
Meetine: Dates in to City Clerk's Office Meetinl! Dates in to Citv Clerk's Office
D April 4, 2006 March 20, 2006 (Noon.) 0 June 6, 2006 May 15,2006 (Noon)
D April 18, 2006 April 3, 2006 (Noon) D June 20, 2006 June 5,2006 (Noon)
D May 2, 2006 April!7,2006 (Noon) D July 5, 2006 June 19, 2006 (Noon)
[gJ May 16,2006 May 1,2006 (Noon) D July 18,2006 July 3, 2006 (Noon)
D Administrative D Development Plans
NATURE OF D Consent Agenda D New Business
AGENDA ITEM 0 Public Hearing D Legal
D Bids D UnfInished Business
D AIll10uncement D Presentation
[gJ City Manager's Report
RECOMMENDATION: Review the annual amount budgeted for "Community Investment Funds" which are equally
allocated to City Commission members for commtulity activities and projects.
EXPLANATION: The 2005/06 General Fund Budget includes $10,000.00 for each of the City's five (5) cominission
members or a total allocation of$50,000.00. Below is a summary of the amounts budgeted and allocated for "Community
Investment Funds" dating back to the program's inception in 2000-01, as authorized by Resolution #01-08 on January 16,
2001:
Fiscal Year
2000-01
2001-02
2002-03
2003-04
2004-05
Per Member
$25,000
$12,500
$ I 2,500
$12,000
$10,000
TOTAL
$125,000
$ 62,500
$ 62,500
$ 60,000
$ 50,000
PROGRAM IMP ACT: Not determined at this time depending on what changes in funding levels are approved.
FISCAL IMP ACT: Not determined at this time depending on what changes in funding levels are approved. The current
total budgeted for 2005/06 is $50,000.00
ALTERNATIVES:
I. Leave the funding level at $IO,OOO/member, $50,000 total
2. Increase the funding level per member
3. Decrease the funding level per member
4. Elirnina e the program
Financial Services
Department Name
S,IBULLETINIFORMSIAGENDA ITEM REQUEST FORM.DOC
~
Community Investment Funds 2005/2006
$10,000 per Commissioner
Amt Total Organization Approved
Spent Date
Mayor 500 The Dancer's Alchemy 11-1-05
1,000 Symphony Orchestra 2- 7 -06
Ferguson ],000 CDC Peacemakers Youth Program ] 0- I 8-05
McCray 2,000 CDC Peacemakers Youth Program 12-06-05
McKoy 1,000 Boynton Symphony Orchestra 3-21-06
Ensler 2,000 Symphony Orchestra 2-7-06
2,000 Tomodachi Judo 3-21-06
S:ICity MgrlAdministration\MA YORCOMICOMMUNITY INVESTMENT 2005-2006\COMMUNITY INVESTMENT
SUMMAR Y 05-06.doc
Community Investment Funds 2004/2005
$10,000 per Commissioner
Amt Total Organization Approved
Spent Date
Mayor 1,000 HeritageFest 1-18-05
500 Sister Cities Artists Competition 4-5-05
500 Jane Miller Nursing Scholarship Fund 5-3-05
-1,000 SCORE - REIMBURSE - CLASS CANCELED 8-16-05
2,000 Head Start Center 8-16-05
1,500 Juvenile Transition Center 9-20-05
1,500 Gulf Stream Council Boy Scouts 9-20-05
2,000 9,000 Woman's Club 9-20-05
Ferguson 500 HeritageF est 1-18-05
500 Sister Cities Artists Competition 4-5-05
500 Jane Miller Nursing Scholarship Fund 5-3-05
1,000 Juvenile Transition Center 5-3-05
1,200 Utel- REIMBURSEABLE 5-] 7-05
3,800 YMCA Partners w/Y outh Program 9-6-05
2,500 10,000 Community Caring Center 9-6-05
McCray 2,500 Black History Program 12-7-04
2,000 HeritageFest 2-15-05
500 Jane Miller Nursing Scholarship Fund 5-3-05
1,000 Juvenile Transition Center 5-3-05
1,000 Heart of Boynton Clergy Assoc ~ Coat Drive 5-3-05
2,000 MDM Foundation Trip to Orlando (reimbursable) 6-21-05
1,000 10,000 CCC Boynton 9-20-05
McKoy 2,000 HeritageF est Coronation Youth A wards Banquet 2-15-05
1,000 Nat't Youth Assoc Academics & Athletics 4-5-05
500 Sister Cities Artists Competition 4-5-05
],000 Art Explosion 6-21-05
-500 SCORE (reimbursable) CLASS CANCELED 9-6-05
2,000 All Star Cheerleading Squad 9-6-05
2,000 Mad Dads 9-20-05
1,500 10,000 Boynton Beach Head Start 9-20-05
Ensler 1,000 HeritageF est 2-15-05
1,000 Tomadachi Judo Club 4-5-05
500 Jane Miller Nursing Scholarship 5-3-05
1,000 Boynton Symphony Orchestra-REIMBURSEABLE 5-3-05-paid
-1,000 SCORE (reimbursable) CLASS CANCELED 6-21-05
5,000 Design of Veterans Eternal Flame 8-16-05
Ensler 500 Boynton Beach Head Start Program 9-6-05
1,000 10,000 Gulfstream Council Boy Scouts 9-20-05
'SCORE - class cancelled due to lack of students
S:\City Mgr\AdministrationlMA YORCOM\COMMUNITY INVESTMENT 2004-2005\COMMUNITY
INVESTMENT SUMMARY 04-05.doc
Community Investment Funds 2003/2004
$12,000 per Commissioner
Amt Total Function Approved
Expended Date
Mayor 500 Heritage Fest 1-20-04
500 Heritage Fest - Caribbean Celebration 1-20-04
795 Sister City Co for Young Artists Competition 2-17-04
500 Florida Trust - Co sponsor for tour ofBB 4-7-04
500 Nurses Week Scholarship Fund 4-20-04
500 American Legion Post 164 6-01-04
3,422 Boynton Bch Faith Based CDC -Peacemaker 7-20-04
2,000 Community Caring Center 9- 7 -04
1,500 10,217 Head Start Program 9-21-04
Ferguson 500 Heritage Fest 1-20-04
500 Nurses Week Scholarship Fund 4-20-04
500 Gulf Stream Council 5-4-04
500 American Legion Post 164 6-01-04
5,000 YMCA Partners w/Youth (8-3-04 8-03-04
4,000 Community Caring Ctr (8-3-04) 8-03-04
],000 Little League Dug Outs 9-21-04
12,000
McCray 400 American Legion Auxiliary Unit 288/Girls State 12-02-03
500 Head start Scholarship Program 12-02-03
2,000 Heritage Fest 1-20-04
2,000 Committed Citizens Concerned about Children 4-20-04
500 Nurses Week Scholarship Fund 4-20-04
500 Gulf Stream Council Boy Scouts 5-4-04
2,000 Boynton Bch Faith Based CDC-Peacemaker 7-20-04
2,000 YMCA Youth Campaign Fund Drive 9-7-04
9,900
McKoy 2,000 $1,000 Heritage fest/Scholarship 1-20-04
$1,000 Heritage festIBook Signing 1-20-04
500 American Legion Post 164 6-01-04
2,000 Boynton Bch Faith Based CDC-Peacemaker 7-20-04
5,000 Day Star Charter Academy 9-7-04
2,500 12,000 Maddads 9-21-04
Ensler 1,000 Heritage Fest 1-20-04
1,000 Gulf Stream Council Boy Scouts 5 -4-04
2,000 American Legion Post 164 6-01-04
878 Tomodachi Judo - (Four 5xl0 mats) 6-15-04
1,000 Boynton Bch Faith Based CDC - Peacemaker 7-20-04
1,000 Bob Borovy Scholarship 9-21-04
2,000 Sister Cities 9-21-04
3,000 11,878 Little League Field repair (hurricane damage 9-21-04
Community Investment Funds 2002/2003
$12,500 per Commissioner
Amount Total Function Approved
Mayor 500 Poinciana - Odyssey of the Mind 5-20-03
5,000 School Supplies 8-5-03
2,000 Carolyn Sims Picnic 8-5-03
5,000 12,500 School Curriculum Resource Program 8-5-03
Ferguson 500 Poinciana - Odyssey of the Mind 5-20-03
5,000 YMCA Partners w/Youth Program 7-15-03
4,000 Community Caring Center 7-15-03
1,500 E. Boynton Little League 8-19-03
1,500 12,500 Woman's Club Maintenance 9-16-03
McCray 2,000 Boynton Beach Head Start Program 3-18-03
2,000 Heritage Festival Coronation Ceremony 1-21-03
500 Festival on the Lawn!Education Exhibits 1-21-03
500 Poinciana - Odyssey of the Mind 5-20-03
1,000 PAL 12 Year Old Basketball team 5-20-03
1,000 Carolyn Sims Picnic 8-5-03
1,000 School Curriculum Resource Program 8-5-03
2,000 E Boynton Little League 8-19-03
2,500 12,500 Lena Rahming Head Start Scholarship 9-3-03
McKoy 1,500 Heritage Festival Parade Committee 2-18-03
500 Poinciana - Odyssey of the Mind 5-20-03
1,000 PAL 12 Year Old Basketball team 5-20-03
1,000 Carolyn Sims Picnic 8-5-03
2,000 E Boynton Little League 8-19-03
2,000 Lena Rahming Head Start Scholarship 9-3-03
1,000 9,000 Community Forum (reimbursement only) 9-16-03
Weiland 2,000 Poinciana - Odyssey ofthe Mind 5-20-03
4,000 Library Youth Services Books & Material 5-20-03
1,000 American Legion Baseball 7-15-03
3,000 E Boynton Little League 8-19-03
2,500 12,500 YMCA - Partners w/Y outh 9-16-03
Community Investment Funds 200112002
$12,500 per Commissioner
Amount Total Function Approved
Mayor 12,500 12,500 Library Donation Account 3/5/02
Broening
Ferguson 1,000 Library donation Account 3/5/02
5,000 YMCA - Partners w/Y outh Program 5/2l!02
4,000 Community Caring Center of Boynton Beach 5/21/02
1,000 Women's Club 9/3/02
1,000 Library Expansion 9/3/02
500 12,500 MADDADS 9/3/02
Fisher 1,000 Library Donation Account 3/5/03
1,500 YMCA - Spring Fling Program 5/21/02
500 Boynton Beach CDC 6118/02
200 Shawanna Foster - trip to Washington DC 7/2/02
3,000 Holiday Tree 9/3/02
1,000 Boynton Beach Little League 9/3/02
1,000 Senior Center Programs 9/3/02
2,000 City school supply drive for elementary school 9/3/02
500 MADDADS 9/3/02
1,800 12,500 Advisory Brd on Children/Y outh Expo in Mall 9/3/02
McCray 2,000 Books for Public Library 12/18/01
1,000 1913 Schoolhouse Museum - Headstart students to 18/18/01
utilize Museum w/o paying admission
1,000 Library Donation Account 3/5/02
500 Boynton Beach CDC 6118/02
800 **Shawanna Foster - trip to Washington DC 7/2/02
3,000 MADDADS 9/3/02
500 Boynton Beach Little League 9/3/02
1,000 Garden - Bruce Black 9/3/02
+800 9,000 **See note below
Weiland 1,000 Library Donation Account 3/5/02
1,000 Child & Youth Advisory Brd Annual Dinner 4/2/02
5,000 Boynton Beach Little League 9/3/03
2,500 YMCA Planting Seeds for Future Campaign 9/3/02
3,000 12,500 Garden - Bruce Black 9/3/02
** Check returned to city - Shawanna Foster never attended trip to Washington DC
Page 1 of 2
COMMUNITY INVESTMENT FUNDS
$25,000 per Commissioner
Meeting
Date Item
2000/01 APPROPRIA TlONS:
Mavor Broenin\!
02/20/01 Black Awareness Celebration
03/06/01 Animal Control - Security Fence
03/06/01 Civic Center Clock
03/06/01 PAL Program
06/05/01 Inspection of Old High School
07/03/01 Civic Center Clock
Commissioner Black/McCrav
01/16/01 Grill System - Little League Park
01/16/01 Contribution to general Library collection
02/06/01 Civic Center Clock
02/20/01 Black Awareness Celebration
07/03/01 PAL Equipment
Commission FerQuson
02/06/01 Civic Center Clock
02/20/01 Black Awareness Celebration
03/06/01 Library - Youth Literacy Program
03/06/01 Stonehaven Entry ROW Landscape Work
03/06/01 Greenway Study
06/0501 Inspection of Old High School
07/03/01 Civic Center Clock
08/21/01 Landscaping - N side of Woolbright E of 1-95
08/21/01 Greenways
Commission Fisher
02/20/01 PAL Football Program
02/20/01 Track Team Program
02/20/01 Black Awareness Celebration
02/20/01 Advisory Board on Children and Youth
park revitalization projecl
02/20/01 Memorial for Rev. Lee
02/20/01 Senior Center programs
02/20/01 Civic Center Clock
02/20/01 Shirts for Advisory Members
07/17/01 Books for Art Center
08/21/01 City Scholarship
08/21/01 Pond B Holiday Lights. additional designation for use
(12/04/01): Rental of horse-drawn carriage for
Season of Peace, Holiday Parade and Holiday Concert
at Mangrove Walk: and rent 8 tower lights
08/21/01 New Manikin Family for City Hall at the Mall
Amount
1,000
5,000
5,000
1,500
160
5,000
17,660
1,429
5,000
5,071
1,000
2,000
14,500
3,000
1,000
4,000
2,500
2,000
2,500
2,000
6,000
2,000
25,000
1,500
1,500
1,000
1,500
1,000
1,500
2,000
852
1,000
5,000
5,000
600
22,452
Page 2 of 2
COMMUNITY INVESTMENT FUNDS
$25,000 per Commissioner
Meeting
Date lIem
Commissioner Weiland
02/20/01 Black Awareness Celebration
03/06/01 PAL Program
03/06/01 Forest Park Playground Equipment
(changed to Picnic Shelter- 06/19/01)
04/03/01 Flag Pole for Little League Park
04/03/01 Screening Fence for LiItle League Park (Field 2)
06/19/01 Picnic Shelter for Forest Hill Park
07/03/01 Civic Center Clock
08/21/01 Landscaping at Woolbright Ballfield (mature trees)
08/21/01 City Gym
08/21/01 Library Books
Amount
1,000
1,500
1,523
510
3,000
5,000
3,000
4,733
4,734
25,000
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XI. - NEW BUSINESS
CITY OF BOYNTON BEA( ITEM B.
AGENDA ITEM REQUEST FL~~ -
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Fonn Must be Turned
Meetinll. Dates in to City Clerk's Office Meetin2 Dates in to City Clerk's Office
[gJ August 5. 2003 July 14,2003 (Noon.) 0 October 7, 2003 September 15, Z003 (Noon)
D August 19.2003 August 4.2003 (Noon) 0 Octobt:r 21, 2003 October 6, 2003 (Noon)
0 September 2, 2003 August 18, 2003 (Noon) 0 November 5. 2003 October 20. 2003 (Noon)
0 September 16,2003 September 2, 2003 (Noon) 0 November 18.2003 November 3, 2003 (Noon)
0 Administrative [gJ Legal
NATURE OF D Announcement D New Business
AGENDA ITEM 0 City Manager's Report D Presentation
0 Consent Agenda D Public Hearing
0 Code compliance/Legal Settlements 0 Unfmished Business
RECOMMENDATION:
Amendment to City's Commwity Investment Fwd policy to be considered by resolution.
EXPLANATION: The attached resolution is a proposed amendment to provide a more definitive procedure
for the review of requests to use the Conununity Investment Funds as previously authorized by City Connnission policy, The
Community Investment Fwd was established in 2001 in order to facilitate the City Connnission's support for worthy and
eligible projects/activities that met a public purpose. The procedure followed in the past called for a member of the
Connnission to make a request for the use of his or her Community Investment Fwds. For the current fiscal year, the amount
allocated for each member of the City Connnission is $12,500. The funds have been used in the past to support a number of
projects that benefit the public. Attached please fmd a recap of the uses of the Community Investment Fwd from 2002 and
2003 to date.
PROGRAM IMP ACT: The attached resolution endeavors to provide an improved review process for future requests.
FISCAL IMPACT:
None
ALTERNATIVES:
Do not change the current policy.
^".."]~~=","m
lty Manager's Signature
Department Head's Signature
City Attorney / Finance / Human Resources
Department Name
S:\BULLET[N\fORMS\AGENDA ITEM REQUEST FORM. DOC
RESOLUTION NO. R 03 - { 37
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, ESTABLISHING A COMMUNITY
INVES1MENT FUND; RESCINDING ALL PREVIOUS
RESOLUTIONS AND POLICmS GOVERNING
EXPENDITURES OF COMMUNITy INVES1MENT
FUNDS; AND PROVIDING AN EFFECTNE DATE.
WHEREAS, the City Commission of the City of Boynton Beach desires to establish
Community Investment Fund, to provide a source of discretionary funding to support
rojects and activities in the City which are accessible and beneficial to the citizens of the
ity; and.
WHEREAS, passage of this Resolution will rescind all previous Resolutions and
olicies governing expenditures of Community Investment Funds;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
HE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section I.
The foregoing "WHEREAS" clauses are true and correct and
ereby ratified and confirmed by the City Commission
Section 2.
That the City commission of the City of Boynton Beach does hereby
stablish a Community Investment Fund as follows:
stabllshment of Communi Investment Fund
he City Commission hereby establishes a Community Investment Fund (ClF). The CIF shall
e designated as a specific line item in the City Commission portion of the City's annual
budget. Each year, in the annual budget adoption process, the City COmmission shall consider
an appropriation to the Community Investment Fund. The Commission is not required to
appropriate funds to the Community Improvement Fund but when it does, the amount
appropriated, if any, shall be available for distribution by the Mayor and City Commissioners
in equal amounts only for qualified programs or projects. By way of example: If the
S:\CA\RESO\Estabish Community Inv Fundsl.doc
8/6/03
Commission budgets $100,000.00, the Mayor and each Commissioner may request
istribution of $20,000.00.
ose of Communi Investment Fund
e purpose of the CIF is to provide a source of discretionary funding to support projects,
rograms and activities in the City which are accessible and beneficial to the citizens of the
ity. Due to the broad and diverse nature of programs or projects that may be eligible for
unding from the CIF, no specific list of eligible projects, programs, or activities is
ppropriate.
riteria for Eli 'bili
ligibility for funding shall be conditioned on a finding by the City Commission that:
I. Public funds should not be used to improve private property unless there is a clear
public need, purpose and benefit;
2. The recipient/payee is a resident of the City or is a business entity which provides
services in the City;
3. A public purpose beneficial to the entire community is served by such donation;
and
4. Proper safeguards are being implemented by the City administration to assure that
the funds will be used for the stated purpose.
The findings of the City Commission as to each of these required elements shall be inferred
from the Commission's approval or disapproval of the requested distribution without the
need for separate findings.
Procedures for Consideration of Expenditures
The procedures for expenditures from the CIF are as follows:
S:\CA\RESO\Estabish Connnunity mv Fundsl.doc
8/6/03
I. The Mayor or any member of the City Commission shall make a verbal request to
the City Clerk for the expenditure of funds.
2. The City Clerk shall complete a Community Investment Fund Request Form (form
attached as Exhibit "A") and forward it to the Finance Director.
3. The Finance Director shaH determine the availability of funds, complete the portion
ofthe form documenting same, and forward the form to the City Manager.
4. The City Manager or hislher staff shaH evaluate the proposed expenditure to
determine if constitutes a proper expenditure of public funds and coordinate overview
of the use of funds. The City Manager shall complete the Request Form and the item
shall be added to the next Commission agenda.
5. The City Commission shaH act on the request for expenditure by approving or
disapproving the agenda item.
Nature of Commission Action
e decision of the City Commission to approve or disapprove a requested distribution of
ommunity Investment Funds is discretionary and is not subject to appeal, review or
hallenge.
ection 3.
That any and all previous Resolutions andlor Policies governing expenditures
f Community Investment Funds are rescinded.
That this Resolution will become effective immediately upon passage.
:\CA\RESO\Establsh Community lnv Fundsl.doc
6/03
PASSED AND ADOPTED this.-L day of August, 2003.
m.~
S:\CA\RESO\Estabish Community Inv Fundsl.doc
8/6/03
H, FLORIDA
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Commissioner
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i
RESOLUTION NO. R 02 - 07 (
r
I
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, APPROVING
AN AMENDMENT TO THE GUIDELINES FOR
DISTRIBUTION OF COMMUNITY INVESTMENT
FUNDS; AND PROVIDINGAN EFFECTNEDATE.
WHEREAS, there was created by Resolution R01"08 a policy and guidelines for
Community Activity Grants, which Resolution was amended in January, 2001, by
Resolution No. ROJ-232, providing for distribution of certain funds by the City
Commission in support. of community projects and activities; and
! WHEREAS, the City Commission of the City of Boynton Beach now desires to
I amend the Guidelines for Distribution of Community Investments Funds to include
I contributions to the Community Caring Kitchen, the YMCA program and the Woman's
I Club, as eligible projects. . .
I
i NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
! OF THE CITY OF'BOYNTON BEACH, FLORIDA, THAT:
! Section 1. The foregoing "WHEREAS" clauses are true and correct and
I hereby ratified and confirmed by the City Commission
i Section 2. That the City commission of the City of Boynton Beach does'
I hereby approve the Amended Guidelines for Distribution of Community Investment
I Funds, to include contributions to the Community Caring Kitchen, the YMCA program
J
and the Woman's Club as eligible projects, said amended Guidelines being attached
hereto and made a part hereof.
Section 3.
That this Resolution shall become effective immediately upon
passage.
PASSED AND ADOPTED this ~ day of April, 2002.
C1771iJ:: FW'!DA
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Commissioner
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GUIDELINES FOR DIS1RIBVTION OF COMMUNITY INVESTMENT FUNDS
Introduction: Included in he City of Boynton Beach Budget for Fiscal 2000-01 program
year is $125,000 in Community Investment Funds. The funds are available to each of the
five members of the City Commission in the amount of $25,000 to support community
. projects and activities. This report will suggest basic guidelines for the distribution and
use of these public funds for community projects or activities. In Fiscal 2001-02 the
program was re-authorized but at a lesser funding level of$62,500.
· Program Eligibility Period: October I, 2001 to September 30,2002
· Amount available to each member of the City Commission:
$12,500 broken into two eligibility periods:
a. October 1,2001 to February 28,2002 - maximum of $6,500
b. March 1,2002 to September 30, 2002-maximumof$6,500
The pmpose of the two eligibility periods is to assure funding opportunities to
outgoing and incoming members of the City Commission based on the March
2002 election.
· Eligible projects may consist of assistance to local community organizations for
physical improvements to public property or public rights of way such as parks,
medians or other City-owned property. The assistance may be in outright grants
to support improvements to public property or on a cost-sharing basis with local
organizations. Before funding, the proposed improvements must receive
necessary permits, staff review for compatibility with design plans or capital
construction plans and must be approved by the City Commission by motion on
the Consent Agenda. Eligible projects shall alsoinc1ude contributions to
scholarship programs, which are City arlm;ni!<tered and operated, and open only to
students who reside within the City limits of the City of Boynton Beach. Elilrible I
proiects shall also include donations to the Community Caring Kitchen. the
YMCA Program and the Woman's Club.
· Ineligible projects include direct financial support or gifts to individuals,
businesses, or associations including funding of any operational activities, with
the exception of contributions to scholarship programs. and donations to the
Community Carinll Kitchen. the YMCA Program and the Woman's Club. as
outlined above.
..... -~ . ........
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CITY OF BOYNTON BEACH Ii},.-, 1_
AGENDA ITEM REQUEST FORM /'i .~ / ;;.1 ~
Requested City Comrmssion
Meetim!: Dates
Date Final Form Must be Turned Requested City Commission Date Final Form ."-lust be Turned
in to City Clerk's Office Meetim! Dares in 10 Cirv Clerk's Office
November 7, 2001 (5,00 p.m.) 0 January 15, 2002 January J. .2002 (5:00 p.m.)
November 21. ZOO I (5,00 p.m.) 0 February 5, 2002 January J 6. 2002 (5:00 p.m.)
December 5. 100l (5,00 p.m.) I8'J February 19,2002 February 6.1002 (5:00 p.m.)
December 19. 2001 (5,00 p.m.) 0 March 5. 2002 February 20. 2002 (5:00 p.m.,
o November 20, 200 I
o December 4, 2001
o December 18.2001
o January 2, 2002
NATURE OF
AGENDA ITEM
0 Administrative 0 Development Plans
0 Consent Agenda [gJ New Business
0 Public Hearing 0 Legal
0 Bids 0 Unrmished Business
0 Announcement 0 Presentation .-
0 City Manager's ReporT
RECOMMENDATION: Review possible revisions in City Commission Reinvesanent Program as to activity
eligibility. The fInancial scope of the program has already been changed by a budget reduction from 5125,000 to 562,5QO
per the approved 2001-02 Budget. Any changes in project eligibility should be approved by Resolution.
EXPLANATION: Program was originally approved per Resolution ROI-5 on January 16,2001 based on the criteria
"tablished at thallirne. One amendment to the eligibility requirements was approved as Resolution RO 1-232 on August 7.
100 I. That change dealt with the addition of a scholarship program. A copy of the current policy with 200 I -02 funding
evels shown is attached for reference.
'ROGRAM IMPACT: Not determined at this time depending on what changes in funding uses are proposed, Care needs
) be taken to assure that the use of public funds does not result in private benefit or gain.
lSCAL IMPACT:
Funds have been budgeted at the 562,500 level.
LTERNATIVES, '"" ~ '....".., '"',., ""''Y _bol ?J'-f) ~_
Deparnnent Head's Signamre ~\fanager's Signamre
Department Name
City Attorney I Finance I Human Resources
ULLETrNlFORMSIAGENDA ITEM REQUEST FORM.DQC
Guidelines for Distribution of Community Investment Funds
(Revisions for 2002)
Introduction: Included in the City of Boynton Beach Budget for Fiscal
2000-01 program year is $125,000 in Community Investment Funds. The
funds are available to each of the five members of the City Commission in
the amount 0[$25,000 to support community projects and activities. This
report will suggest basic guidelines for the distribution and use of these
public funds for community projects or activities. In Fiscal 2001-02 the
program was re-authorized but at a lesser funding level of$62,500.
· Program Eligibility Period: October 1,:WOO 2001 to September 30, :WB+
2002.
.. Amount available to each member of the City Commission: $25,000
$12,500 broken into two eligibility periods:
a. October I, 2000 to February 28, 2001 - maximum of $12,500
$6,500
b, March I, 2000 to September 30, 2001 - maximum of $12,500
$6,500 plus any carry-over from prior six month period.
~ ~~~~~ ~~ t-fie t""s eligibilhy pcriacb is ts B:3stm: funcliHg
~r:;:,~.::.i.t~:3 t6 sl:ltgoing !me ineomlng me~eer3 sf the City
EeffU'HI331On ea3ea OR the Mareh 2001 eleetiOfl.
· Eligible projects may consist of assistance to local community
organizations for physical improvements to public property or public
rights of way such as parks, medians or other City-owned property. The
assistance may be in outright grants to support improvements to public
property or on a cost-sharing basis with local org~izatlons. Before
funding, the proposed improvements must receive necessary pennits,
staff review for compatibility with design plans or capital construction
plans and must be approved by the City COmmission by motion on the
Consent Agenda. Eligible projects shall also include contributions to
scholarship programs which are City administered and operated, and
open only to students who reside within the City limits of the City of
Boynton Beach.
. Ineligible projects include direct financial support or gifts to individuals,
businesses, or associations including funding of any operational
activities, with the exception of contributions to scholarship programs as
outlined above. Funds may not be used to support or otherwise subsidize
the operational expenses of City Departments.
KB: 11/10/00, 11/21/00, 1l/23/00, 7/24/01, 2/ll/02
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RESOLUTTON NO. R 0,/- QtS';'
A RESOLlITION OF THE cm COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA, APPROVING AN
AMENDMENT TO THE GUIDEUNES FOR DISTRlBlITION
OF COMMUNITI INVESTMENT FUNDS; AND PROVIDING
AN EFFECTIVE DATE. '
WHEREAS, there was included in the City of Boynto~ Beach Budget for
Rscal' Year 2000-01 the sum of $125;000 In Community Investments Funds, for
, I
'stributlonbythe City Commission in support of community projects and activities;
,
I
and ,
I
. I
WHEREAS, the Oty Commission approved and adapted GuIdelines for
I
istributlon of these Community Investment Funds; and
WHEREAS, the Oty Commission of the City of Boynton Beach now desires to
. I
I
mend the Guidelines for Distributlon of Community Investmef:lts Funds to include
I .
ontributions to Oty administered and operated Scholarship Programs as an eligible
I
roject; and I
,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
. I
HE CITY OF BOYNTON BEACH, FLORIDA, THAT: ;
I
Section 1. The foregoing "WHEREAS" clauses are tru~ and correct and
hereby rat/tied and confirmed by the Oty Commission
Sectton 2. That the Oty commission of the City of Boynton Beach does
. '.
hereby approve the Amended Guidelines for Distribution of COmmunity Investment
!
i
Funds, to include contributions to scholarship programs as an ,eligible project, said
I
amended Guidelines being attached hereto as Exhibit "A".
Section 3. That this Resolution shall become eff~ immediately upon
,
passage.
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PASSED AND ADOPTED this 7 day of August. 2001.
H, FLORIDA
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Amended Guidelines for Distribution of Community Investlnent Funds
Introduction: Included in the City of Boynton Beach Budget for Fiscal
2000-01 program year is $125,000 in Community Investment Funds. The
funds are available to each of the five members of the City Commission in
the amount of $25,000 to SUpport community projects and activities. This
report will suggest basic guidelines for the distribution and 'use of these
public funds for cOmmunityprojecrs or activities.
· Program Eligibility Period: October 1,2000 to September 3q, 2001
!
· Amount available to each member of the City Commission: $25,000
broken into two eligibility periods:
a. October 1,2000 to February 28,2001- maximum ofS12,500
b. March 1, 2000 to September 30,2001 - maximum of $12,500
plus any carry-over from prior six month period. I
The purpose of the two eligibility periods is to asLe fimding
opportunities to outgoing and incoming members bf the City
Commission based on the March 2001 election. I
· Eligible projects may consist of assistance to local I community
organizations for physical improvements to public prop~ or public
I
rights of way such as parks, medians or other City "Owned property. The
assistance may be in outright grants to SUpport improvements to public
property or on a cost-sharing bl!Sis with local organizations. Before
funding, the proposed improvements must receive neces4ary pennits,
staff review for compatibility with design plans or capital/ construction
plans and must be approved by the City Commission by niotion on the
Consent Agenda. Elilrible proiects shall also include contributions to
scholarship orosrrarn~ which are City administered and oDerated. and
open onI to students who reside within the Ci limits of the Ci of
Bovnton Beach. I
!
I
· Ineligible projects include direct financial SUpport or gifts to individuals,
businesses, or associations including funding of any! operational
activities. with the exceotion of contributions to scholarship lorosrrarn~ as I
. . I
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outlined above. Funds may not be used to support or otherwise I
subsidize the operational expenses of City Departments.
KB: lIIlO/OO, 11/21/00, 11/23/00. Rev.07/24/01
'--~_.'r' "..___-.....,.., "_~~~r.~_
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The City of
Boynton Beach
OFFICE OF THE CI1Y MANAGER
100 E. Boynton Beach Boulevard
P.O, Box 310
Boynton Beach, Florida 33425-0310
City Manager's Office: (561) 742-6010
FAX: (561) 742-601I
1?/J/-cJ if'
To:
Vice Mayor Weiland
Kurt Bressner, City Manager 'i V
February 27, 2001 A~
~/
From:
Date:
Subject:
Use of Community Investment Fund for Non-Profit Organization
You have asked if a portion of the Community Investment Fund allocation may be used
to assist a non-profit organization. In reviewing the guidelines attached to Resolution
ROI-08, I think this may be problematic unless the funds were used for improvements to
public property. The use of funds to assist an organization to pay for operational progrdill-
goals is not allowable. If the organization were a City sponsored event, the program costs
may be eligible.
Under the present guidelines, I would recommend against providing funding to a non-
profit organization not affiliated with the City.
Kurt Bressner
RESOLUTION R01-DB
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, APPROVING A
POLICY AND GUIDELINES FOR COMMUNITY
ACTIVITY GRANTS FOR FISCAL YEAR 2000-01 IN THE
AMOUNT OF $125,000; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City Commission of the City of Boynton Beach does hereby approve a
policy and guidelines for Community Activity Grants for fiscal year 2000-01 in the amount f
$125,000; and
WHEREAS, Guidelines for implementation of the policy were discussed and approved
the Commission on November 21,2000, which Guidelines are attached hereto as Exhibit "A";
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF TH
CITY OF BOYNTON BEACH, FLORIDA THAT:
Section 1. The City Commission of the City of Boynton Beach hereby approves the
policy and guidelines for implementation for Community Activity Grants, which guidelines are
attached hereto as Exhibit "A" and made a part hereof.
Section 2.
This Resolution shaH become effective immediately upon passage.
PASSED AND ADOPTED this If. day of January, 2001.
ACH, FLORIDA
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Guidelines for Distribution of Community Investment Funds
Introduction: Included in the City of Boynton Beach Budget for Fiscal
2000-01 program year is $125,000 in Community Investment Funds. The
funds are available to each of the five members of the City Commission in
the amount of$25,000 to support community projects and activities. This
report will suggest basic guidelines for the distribution and use of these
public funds for community projects or activities.
· Program Eligibility Period: October 1,2000 to September 30,2001
· Amount available to each member of the City Commission: $25,000
broken into two eligibility periods:
a. October 1, 2000 to February 28,2001 - maximum of$I2,500
b. March 1, 2000 to September 30, 2001 - maximum of $12,500
plus any carry-over from prior six month period.
The purpose of the two eligibility periods is to assure funding
opportunities to outgoing and incoming members of the City
Commission based on the March 2001 election.
· Eligible projects may consist of assistance to local community
organizations for physical improvements to public property or public
rights of way such as parks, medians or other City-owned property. The
assistance may be in outright granfs to support improvements to public
property or on a cost-sharing basis with local organizations. Before
funding, the proposed improvements must receive necessary permits,
staff review for compatibility with design plans or capital construction
plans and must be approved by the City Commission by motion on the
Consent Agenda.
· Ineligible projects include direct financial support or gifts to individuals,
businesses, or associations including fundiDg of any operational - .
activities. Funds may not be used to support or otherwise subsidize the
operational expenses of City Departments.
KB; 11/10/00, 11/21/00, 11/23/00
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IX.-CITY MANAGER'S
REPORT
CITY OF BOYNTON BEACH ITEM B.
AGENDA ITEM REQUEST FORJ\..
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meetine.Dates in to City Clerk's Office Meetin!? Dates in to City Clerk's Office
D April 4, 2006 March 20, 2006 (Noon.) D June 6, 2006 May 15,2006 (Noon)
D April IS, 2006 April 3, 2006 (Noon) D June 20, 2006 June 5, 2006 (Noon)
D May 2, 2006 April 17, 2006 (Noon) D July 5, 2006 June 19, 2006 (Noon)
[gJ May 16,2006 May 1,2006 (Noon) D July 18, 2006 July 3, 2006 (Noon)
D Administrative D Development Plans
NATURE OF D Consent Agenda D New Business
AGENDA ITEM D Public Hearing D Legal
D Bids D Unfinished Business
D Announcement D Presentation
[gJ City Manager's Report
RECOMMENDATION:
To allow a presentation regarding cell phone and 911 service.
EXPLANATION:
A presentation will be made by Peter Wallace, Director of I.T,S., to inform the City Commission about the utilization of cell
phones as it relate to emergency 911 services:
. Basic Theory & Operation
. Current Issues
. FCC Wireless 91 1 Initiatives - Phase I & II and Enhanced 91]
. Technical operational issues facing Enhanced 911 service
. Recommendations
PROGRAM IMPACT:
This presentation will educate city staff, City Commission, and residents on the basic theory and operation of 91 I cellular
service, to update and inform them about the new FCC initiatives, and to offer recommendations to the City Commission.
FISCAL IMPACT:
N/A
ALTERNATIVES:
Do not make the presentation and thereby the City Commission is not inform of the various aspects of how cellular service
~ts !re city's 9] 1 system.
City Manager Signature
Information Technology Services
City Attorney / Finance / Human Resources
S:\BULLETIN\FORMSIAGENDA ITEM REQUEST FORM DOC
{flL
White PaDer
Cell Phone and 911 Service
A third of 911 calls, 170,000 a day, are wireless, says the National Emergency
Number Association (NENA). According to the Federal Communication Commission
(FCC), the number of 911 calls placed by people using wireless phones has more
than doubled since 1995, to over 50 million a year. Public safety personnel estimate
that about 30% of the millions of 911 calls they receive daily are placed from
wireless phones, and that percentage is growing.
How does Mobile (cell) works?
Mobile or "cell" phones work through a system of radio waves and towers or
antennas to transmit calls. Since cell phones rely on radio waves, and radio waves
travel though the air, completing calls can, at times, be unreliable. Like other radio
transmissions, cell phone calls can be interrupted by severe weather, large buildings,
or other objects between you and the nearest cell tower. Most cells have been split
into sectors or individual areas to make them more efficient and to allow them to
carry more calls. Antennas transmit inward to each cell. They cover a portion or a
sector of each cell, not the whole thing. Antennas from other cell sites cover the
other portions. The cell site equipment provides each sector with its own set of
channels. Most cells are divided into sectors, typically three, but it can be divided in
two, or rarely six. Six sectored sites have been touted as a great thing by
manufacturers such as Hughes and Motorola who want to sell more equipment. In
practice six sectors sites have been more trouble than they're worth. So, typically,
you have three antennas per sector or 'face'. You'll have one antenna for the voice
transmit channel, one antenna for the set up or control channel, and two antennas to
receive. Or you may duplex one of the transmits onto a receive. By sectorising, you
gain better control of interference issues. That is, you're transmitting in one direction
instead of broadcasting all around, like with an Omni directional antenna, so you can
tighten up your frequency re-uses"
What happens when you dial 911 on your cell phone?
Cellular radio provides mobile telephone service by employing a network of cell sites
distributed over a wide area. A cell site contains a radio transceiver and a base
station controller which manages, sends, and receives traffic from the mobiles in its
Page I of6
geographical area to a cellular telephone switch. It also employs a tower and its
antennas, and provides a link to the distant cellular switch called a mobile
telecommunications switching office. This MTSO places calls from land based
telephones to wireless customers, switches calls between cells as mobiles travel
across cell boundaries, and authenticates wireless customers before they make calls.
Cellular uses a principle called frequency reuse to greatly increase customers served.
Low powered mobiles and radio equipment at each cell site permit the same radio
frequencies to be reused in different cells, multiplying calling capacity without
creating interference, This spectrum efficient method contrasts sharply with earlier
mobile systems that used a high powered, centrally located transmitter, to
communicate with high powered car mounted mobiles on a small number of
frequencies, channels which were then monopolized and not re-used over a wide
area.
Land based subscriber
To other offices
(local and tolO I
~ I
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" ....Directional
...__...__-" pattern 01
one cell site
Voice channels
- (Not all channels: shown)
- - - Control paths
1984 Bell System Amps Plan, modified from the original
Complex signaling routines handle call placements, call requests, handovers, or call
transfers from one cell to another, and roaming, moving from one carrier's area to
another. Different cellular radio systems use frequency division multiplexing
(analog), time division multiplexing (TDMA), and spread spectrum (CDMA)
techniques. Despite different operating methods, AMPS, PCS, GSM, E-TACS, and NMT
are all cellular radio. That's because they all rely on a distributed network of cell sites
employing frequency re-use.
Wireless phones are programmed to reach the closest available wireless tower.
Ideally your call would reach the tower in the city you are calling from. However, due
to the way wireless towers are configured, this does not always happen. A number of
factors can prevent a 911 call from reaching the closet 911 emergency center in your
area. In your geographic area, you may not be able to complete a call due to
limitations in network architecture (where antennas are located), capacity (how
Page 2 of6
II
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6
3
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4
Upon turning on your phone- thE' mobtle
switch gathers signal strength reports
from the- different cells and assigns
your phonE" to the- cell with thE" strange-st
reading. In this simplified E"xamplE', 1
re-presE'nts thE" strongest signal and 4
is thE" weakE"st. Although it is easy to say
that the CE"ll sHe nE>an?st you gE'ts your
call, it may not, depE'nding on topography
and other f.actors.
many callers are using the airwaves/antenna at a given
time), and topography (your surroundings). If the 9-1-
1 dispatcher does not automatically tell you what city
you have reached, ask them which 9-1-1 center you
are speaking with before you report your emergency. If
you need a different city, the 9-1-1 dispatcher should
be able to transfer your call to that city.
Basic Theory and Operation
Cell phone theory is simple. Executing that theory is
extremely complicated. Each cell site has a base station with a computerized 800 or
1900 megahertz transceiver and an antenna. This radio equipment provides
coverage for an area that's usually two to ten miles in radius. Even smaller cell sites
cover tunnels, subways and specific roadways. The area size depends on, among
other things, topography, population, and traffic.
When you turn on your phone the mobile switch determines what cell will carry the
call and assigns a vacant radio channel within that cell to take the conversation. It
selects the cell to serve you by measuring signal strength, matching your mobile to
the cell that has picked up the strongest signal. Managing handoffs or handovers,
that is, moving from cell to cell, is handled in a similar manner. The base station
serving your call sends a hand-off request to the mobile switch after your signal
drops below a handover threshold. The cell site makes several scans to confirm this
and then switches your call to the next cell. You may drive fifty miles, use 8 different
cells and never once realize that your call has been transferred. At least, that is the
goal.
Unlike 911 calls made from wired phones, the dispatcher cannot identify the location
the cell phone call is coming from. By contrast, a 911 service for land lines giving
dispatchers the name, address and phone number of all emergency callers-even
unlisted numbers is up and running in areas that include about 75% of U.S. residents
and businesses, says NENA. Therefore, the first and most important piece of
information that needs to be relayed to the dispatcher is the location of the incident.
If emergency services cannot find you, they cannot help you. There is no uniform
Enhanced 911 system (E911) for wireless carriers. The FCC neglected to force the
carriers to conform their E911 systems to a single technology. Because of this, there
are now two incompatible E911 systems in the works. Nextel, Sprint and Verizon
each have cell phones available that use the Global Positioning System (GPS) to find
a caller's location. While Cingular and T-Mobile rely on a triangulation system.
Unfortunately, both E911 systems have their flaws. The GPS system needs a
minimum of three satellites to be able to "read" the handset's location. Accuracy can
be hampered by heavy vegetation, mountains or tall buildings. The triangulation
system also has its shortcomings, because it relies on the strength and timing of cell
towers to determine a location. It, too, requires multiple towers for accuracy. This
becomes more difficult in rural areas where towers are scarce,
The Future
Systems built on time division multiplexing will gradually be replaced with other
access technologies. CDMA is the future of digital cellular radio. Time division
systems are now being regarded as legacy technologies, older methods that must be
Page 3 of6
accommodated in the short term future. Currently, all digital cellular radio systems
are second generation, prioritizing on voice traffic, circuit switching, and slow data
transfer speeds. 3G, while still delivering voice, will emphasize data, packet
switching, and high speed access. Over the years, 2G and 3G techniques will have
co-existing plans.
FCC's Wireless 911 Initiatives
911 is the official national emergency number in the United States and Canada.
Dialing 911 quickly connects you to a Public Safety Answering Point (PSAP)
dispatcher trained to route your call to local emergency medical, fire, and law
enforcement agencies.
The 911 network is a vital part of our nation's emergency response and disaster
preparedness system. Upgrades in this network to provide emergency help more
quickly and effectively are constantly being made. For example, most 911 systems
now automatically report the telephone number and location of 911 calls made from
wireline phones, a capability called Enhanced 911 or E911.
The Federal Communications Commission (FCC) has taken a number of steps to
increase public safety by encouraging and coordinating development of a nationwide,
seamless communications system for emergency services that includes the provision
of location information for wireless 911 calls. The FCC has adopted wireless 911
rules aimed at improving the reliability of wireless 911 services and identifying the
location of wireless 911 callers to enable emergency response personnel to provide
assistance to them much more quickly. The FCC's wireless 911 rules apply to all
cellular licensees, broadband Personal Communications Service (PCS) licensees, and
certain Specialized Mobile Radio (SMR) licensees. The wireless Enhanced 911 (E911)
rules seek to improve the effectiveness and reliability of wireless 911 services by
providing 911 dispatchers with additional information on wireless 911 calls. The
deployment of E911 requires the development of new technologies and upgrades to
local 911 PSAPs, as well as coordination among public safety agencies, wireless
carriers, technology vendors, equipment manufacturers, and local wireline carriers.
The wireless E911 program is divided into two parts - Phase I and Phase II. Phase I
requires carriers, upon valid request by a local Public Safety Answering Point (PSAP),
to report the telephone number of a wireless 911 caller and the location of the
antenna that received the call. Phase II requires wireless carriers to provide far more
precise location information, within 50 to 300 meters in most cases.
The FCC's Basic 911 rules:
. Require wireless carriers to transmit all 911 calls to a Public Safety Answering
Point (PSAP), regardless of whether the caller subscribes to the carrier's
service or not.
Phase I Enhanced 911 (E911) Rules
. Require wireless carriers, within six months of a valid request by a PSAP, to
provide the PSAP with the telephone number of the originator of a wireless
911 call and the location of the cell site or base station transmitting the call.
Page 4 of6
Phase II Enhanced 911 (E911) Rules
. Require wireless carriers, within six months of a valid request by a PSAP, to
begin providing more precise location information to PSAPs, specifically, the
latitude and longitude of the caller.
. This information must meet FCC accuracy standards - generally, it must be
accurate to within 50-300 meters (depending on the type of technology
used).
The FCC's Wireless 911 rules are being implemented in stages; they are not all
immediately effective.
Technical and operational Issues Facing the FCC Enhanced 911 Service
An independent inquiry into the technical and operational issues affecting the
deployment of wireless Enhanced 911 (E911) service was conducted by Dale Hatfield
on behalf of the Federal Communications Commission over a six month period
beginning on April 15,2002. Mr. Hatfield report listed the following:
. Number of states have failed to establish a state-wide coordination body
and/or appropriate cost recovery mechanisms.
. Extremely complex undertaking and with a variety of critical technical and
operational choices.
. Need for increased coordination among stakeholder groups in three areas:
overall systems engineering, implementation/project management, and the
development and adoption of standards.
. Lack of cost recovery and other funding mechanisms, and the lack of a
"champion" within the Federal government,
. Prices charged by the ILECs for the cost of upgrading their existing wireline
E911 system to support wireless E911 may impede the rollout.
Recommendations include suggestions that:
. The Commission should work more closely with other Federal agencies to
ensure that accurate location information for emergency calls is gathered,
delivered, accepted and made available for use in the dispatching of first
responders.
. Because of the importance of E911 to the safety of life and property and to
homeland security and the critical nature of the network architecture and
industry structure choices being made, and because of the overall complexity
of the situation, I recommend that the Commission maintain or even increase
its oversight of the rollout of wireless E911 services in the U.S. over the next
several years.
. In order to respond to the need for increased coordination in the rollout of
wireless E911 and the evolution of E911 more generally, I recommend that
the Commission (a) establish, or cause to have established, an advisory
committee that would address the technical framework for the further
development and evolution of E911 systems and services, (b) continue to
urge the creation of organizations at the state, regional and local levels of
government that can act as a coordinating bOdy in the rollout of wireless E911
Page 5 of 6
services, (c) encourage the creation of a national level clearinghouse to
collect, store, and disseminate status information on the rollout of wireless
E911, and (d) charge the advisory committee recommended above with
conducting an overall review of the standards situation as related to wireless
E911 while continuing to encourage industry-based voluntary standards
activities.
. Because PSAPs are on the frontiines in the Nation's defense against the threat
of terrorism as well as in responding to more conventional emergencies, I
recommend that the Commission actively coordinate with and support the
U.S. Department of Transportation's Wireless E911 Initiative and other formal
and informal efforts at all levels of government to educate state and local
governments and PSAPs on the benefits and importance of wireless E911
services. On a longer term basis, I would recommend that the National E911
Program Office (whose creation I urged above) take on the role of educating
and advocating for PSAPs at the Federal level of government. I also
recommend that the Commission continue to support the efforts of the
Emergency Services Interconnection Forum (jointly sponsored by the National
Emergency Number Association and the Alliance for Telecommunications
Industry Solutions) to address the issue of PSAP readiness. In the text of the
full report, I also suggest the possibility of some form of an independent third
party process for certifying PSAP readiness.
. During the period of my inquiry, the Commission requested that the largest
IlECs provide certain critical information regarding their readiness to carry
out their roie in wireless E911 deployment and committed itself to monitoring
the situation to see whether additional obligations are necessary. This action
is consistent with my recommendation concerning the creation of national
clearinghouse of such information. I further recommend that the Commission
work closely with individual state regulatory commissions and their
association, the National Association of Regulatory Utility Commissioners, in
resolving issues relating to IlEC cost recovery and pricing.
. The Commission should urge the stakeholders to cooperatively develop
industry-wide procedures for testing and certification (and recertification) of
wireless E911 to ensure that they meet (and continue to meet) the accuracy
requirements specified in the Commission's rules.
Page 6 of6
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ON
IX. - CITY MANAGER'S
REPORT
ITEM C
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Form t-.1ust be Turned
Meetine. Dates in to City Clerk's Office Meetine. Dates !!!Jo Cit)' Clerk) Office
D April 4, 2006 March 20, 2006 (Noon.) D June 6, 2006 May 15,2006 (Noon)
D April 18, 2006 April 3, 2006 (Noon) D June 20, 2006 June 5, 2006 (Noon)
D May 2. 2006 April 17 ,2006 (Noon) D July 5. 2006 June 19,2006 (Noon)
[gJ May 16,2006 May 1, 2006 (Noon) D July J 8,2006 July 3, 2006 (Noon)
D Administrative D Development Plans
NATURE OF D Consent Agenda D New Business
AGENDA ITEM D Public Hearing D Legal
D Bids D Unfinished Business
D Announcement D Presentation
[gJ City Manager's Report
RECOMMENDATION: Review for discussion a proposed draft ordinance that would combine the Education Advisory
Board's duties and responsibilities with the Children and Youth Advisory Board
EXPLANATION: At this time the Education Advisory Board has three (3) active members, which does not constitute a
quorum for meetings, and there are no incoming applications for membership to this board. It has been proposed that the
remaining three (3) members of the Education Advisory Board apply for membership to the Children and Youth Advisory
Board, and the ordinance for the Children and Youth Advisory Board is revised to incorporate the goals and objectives of the
Education Advisory Board. Attached as Exhibit "A" is the proposed draft ordinance for the Children and Youth Advisory
Board. Exhibit "B" is the current ordinance for the Education Advisory Board and Exhibit "C" is the current Children and
Youth Advisory Board ordinance.
PROGRAM IMPACT: The current members of the Education Advisory Board are agreeable to becoming members of the
Children and Youth Advisory Board with the understanding that they will be able to continue with the goals and objectives of
their previous board. However, there are some concerns from the members of the Children and Youth Advisory Board that
the additional duties may become too burdensome for the existing membership, and expansion of the membership should be
discussed, (Please see the attached minutes from the Children and Youth Advisory Board meeting of April 27, 2006-
Exhibit "D").
FISCAL IMPACT: N/A
AL TERNA TlVES: Not to go forward with combining the Education Advisory Board with the Children and Youth Advisory
Board.
i~U~E?'
City Manager's Signature
Department Head's Signature
City Attorney I Finance! Human Resources
Department Name
S\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC
':::UIIBI i
I~
1 ORDlNANCE NO. 06-
2
3 AN ORDlNANCE OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, CREATING A NEW SUBSECTION 2-123,
5 WITHIN CHAPTER 2, "ADMINISTRATION," OF THE
6 CODE OF ORDINANCES; PROVIDING FOR THE
7 CONSOLIDATION OF POWERS OF THE CHILDREN AND
8 YOUTH ADVISORY BOARD AND THE EDUCATION
9 ADVISORY BOARD; AMENDING CHAPTER 2, ARTICLE
10 VIII CHANGING ALL REFERENCES TO "EDUCATION
I 1 ADVISORY BOARD" TO "CHILDREN AND YOUTH
12 ADVISORY BOARD"; PROVIDlNG FOR CONFLICTS,
13 SEVERABILITY, CODlFICATION AND AN EFFECTIVE
14 DATE.
]5
16 WHEREAS, the Children and Youth Advisory Board and the Education Advisory
17 Board both arc empowered with fact-finding and advisory functions; and
18 WHEREAS, the consolidation of the Children and Youth Advisory Board with the
19 Education Advisory Board would facilitate the exercise of powers necessary to within the
20 City; and
21 WHEREAS, the Education Advisory Board meets so infrequently that the transition
22 of its responsibilities to the Children and Youth Advisory Board would not constitute
23 additional burden on the Children and Youth Advisory Board; and
24 WHEREAS, the number of active members of Education Advisory Board does not
25 constitute a quorum for meetings, and there are no incoming applications for membership to
26 this board;
27
WHEREAS, considerable administrative effort and cost is associated with
28 maintaining and operating City boards, and the Commission finds that consolidation of the
29 Children and Youth Advisory and the Education Advisory Boards would lessen the
30 administrative burden expended to support board action and board meeting activity;
S:\CA\(:Ollsolidalioll uf ];/\13 and C:V AI3.(hlC
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
2 OF THE CITY OF BOYNTON BEACH, FLORIDA:
3
Section I.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
4 being true and correct and are hereby made a specific part of this Ordinance upon adoption
5 hereof.
6
Section 2.
Amending Chapter 2 Administration, by creating a new subsection 2-
7
123, as follows:
8
9
10
II
12
13
14
15
16
17
18
19
2-123. Consolidation of Children and Youth Advisory
Board and Education Advisory Board; survival of actions
All powers, duties, and responsibilities of the
Education Advisory Board shall survive and be deemed
mer!!ed and consolidated with the powers, duties and
responsibilities of the Children and Youth Advisory Board.
All previous actions of the Education Advisory Board shall
suryive this consolidation unless specifically revoked by the
Children and Youth Advisory Board.
Section 3,
That Chapter 2, Article VII, "Children and Youth Advisory Board" is
20
hereby amended by adding the words and figures in underlined type, and by deleting the
21
words and figures in struck-through type as follows:
22
23
24
25
26
27
28
29
30
3]
32
33
34
Section 2-117. Duties.
The children and youth advisory board shall act as a fact
finding and advisory board on the following issues and on
such other issues as are, from time to time, designated by the
city commission by resolution:
(1) Development of programs that promote ongoing
relationships with caring adults;
(2) Formulation of long and short range programming to
benefit the children and youth of the community by involving
:\CA\Consolidation of EAB and CY AB.doc
39
40
I
2
3
4
parents, the business community, CIVIC and neighborhood
organizations, includin2 volunteer recruitin2 for before and
after local school pr02rams.
5
6
(3) Development of incentives and enhancements which
wonld encourage the devclopment of safe placcs and
structured activities in non-school hours and improved
plaV2rounds at or near local schoo"-
7
8
9
10
II
12
13
14
15
16
17
18
I')
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
(4) Identification and dissemination of information on
local, connty, state and federal programs that provide
beneficial serviccs to children and their families and
commnnicatin2 with the School Board of Palm Beach Conntv
and its staff, advisin2 the City Commission as to the activities
of the Board, and other Federal, State and local le2islative
bodies which affect the needs of students within the City.
(5)
Development of child and yonth advocacy programs.
(6) Contactin2 community 2roups and businesses within
the 2e02raphical boundaries of Bovnton Beach for
professional skills, materials, financial or education support
for the schools and with the purpose of implementin2
pr02rams at local schools that benefit students from Pre K
throu2h 2rades 12 and vocational schools.
(7) Developinl! recommendations to the City
Commission for fonvardin2 to the School Board of Palm
Beach County re2ardin2 actions which may be taken in
support of schools in Bovnton Beach with respect to proposed
le2islation at the State level.
(8) Coordinatin2 with the local police department to
improve safety for students before, durin2 and after school
and developin2 public relations that hi2hli2ht successful
pr02rams.
38
Section 4.
That Chapter 2, Article VIII, "Education Advisory Board" is hereby
4 J amended by adding the words and figures in underlined type, and by deleting the words and
S:\CA\Consolidation of h\B and C:VABdoc
figures in struck-through type as follows:
2
3
See. 2 129. Organization.
4
5
6
7
8
9
10
I]
]2
13
14
15
16
17
18
19
20
2]
(a) The edueation advisory board shall eomprise
se"/en (7) permanent members and two (2) alternate
members, all to be appointed by the City Commission. Of
the members so appointed, feur (4) shall be fer a term of
three (3) years and tbree (3) shall be fer a term of two (2)
years. Their sueeessors shall be appointed for a term of two
(2) years. f.lternate members shall be appointed for a
period of one (1) year. There shall also be appointed two (2)
high sehool seniors, who must re~ide within the eity limits of
the City of Boynton Beaeh and who must attend a publie
sehool in Palm Beaeh County to ser"/e for a term of one (1)
year, to be seleeted by the City Commission. .~.II terms shall
expire in the month of April. Student members of the
Edueation f.dvisory Board shall enjo)' the right to vote, the
same right that is eurrentl" enjoyed by regular voting
members of the Children and Youth f.dvisory Board.
22
See. 2 131. Qualifieation.
23
24
25
26
27
28
29
30
31
32
The members of the Edueation f.dvisory Board shall
be residents of the City provided that one (1) regular
member and any alternate of the Board may be non
residents of the City, proyided that one (1) regular member
and any alternate memhers of the Board may he non
residents of the City pro"/ided the member has at least one
ehild in publie sehool, whieh is loeated within the
geographieal boundaries of the City.
Seclion 5.
Each and every other provision of the Code of Ordinances not herein
33
specifically amended, shall remain in full force and effect as originally adopted.
34
Section 6.
All laws and ordinances applying to the City of Boynton Beach m
35 conflict with any provisions of this ordinance are hereby repealed.
36
Section 7.
Should any section or provision of this Ordinance or any portion
S:\CA\Consolidation of EAR ;md CYAB_doc
5
6
7
8
9
10
II
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
thereof be declared by a cOllrt of competent jurisdiction to be invalid, such decision shall no1
2 affeet the remainder of this Ordinance.
3
:section 8.
Authority is hereby given to codify this Ordinance.
4
Seclion.'>.
This Ordinance shall become effective immediately.
FIRST READING this
day 0 I'
,2006.
SECOND, FINAL READING AND PASSAGE this
. clay of
n' 2006.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
ATTEST:
31 City Clerk
32
33 (Corporate Seal)
34
S\CA\('omoJidatinn (If FAB and ('YAll.doc
./ P
[x 1/1 In -)
ORDINANCE NO. 09I-ci'1
I
i
II
II
II WHEREAS,
I Beach, Florida has duly considered the Report of the
I Findings and
l submitted by the Greater Boynton Beach Education Committee
Ion April 16, 1991; and
11 WHEREAS, the City Commission of the City of Boynton
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
ESTABLISHING AN EDUCATION ADVISORY
BOARD; PROVIDING FOR PURPOSE; PROVIDING
FOR ORGANIZATION; PROVIDING FOR
QUALIFICATIONS OF BOARD MEMBERS;
PROVIDING FOR TERMS OF OFFICE; PROVIDING
FOR POWERS OF THE BOARD; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY;
AND PROVIDING AN EFFECTIVE DATE.
the City Commission of the City of Boynton
Recommendations
to
the
City
Commission
Beach, Florida, deems it to be in the best interests of the
citizens of the city to establish an Education Advisory
Board which shall serve as a fact"finding and advisory board
to the City Commission on issues related to local schools
within the Greater Boynton Beach Area.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1.
The
"WHEREAS"
clauses
are
hereby
ratified and confirmed as being true and correct.
Section 2.
CREATION.
The City Commission,
in
accordance with the powers vested in it, hereby creates and
establishes an Education Advisory Board.
Section 3.
DUTIES.
The Education Advisory Board
shall act as a fact-finding and advisory board on the
following issues and on such other issues as are, from time
to time, designated by the City Commission by Resolution:
To assist City and local schools in:
A. Recruiting volunteers to assist students before,
during and after school;
B. Contacting businesses within the geographical
I borders of Boynton Beach for professional skills, materials,
I finan:~al ::o:::::::::al w:::po::c::r t::I:::oo;:~artment to
improve safety for students before, during and after school.
II
II
I:
I
il
"
!I D. Coordinating "lith City's
I'Department to improve pJ aygrounds at
E. Contact ing the GreiH.er Boynton Beach Chamber of
Parks and Recreation
or near local schools.
Commerce, Real Estate Groups, and other community groups for
Ithe purpose of implementing programs at local schools that
I'benefit students from Pre K through grades 12 and vocational
schools.
r F. Communicating with the School Board of Palm Beach
I County and its staff, and advising the City Commission as to
the activities of the School Board, and other Federal, State
and local legislative bodies which affect the needs of
Boynton Beach Students.
G.
Developing
public
relations
that
highlight
successful programs within the schools and to help improve
their image in conjunction with local media.
H. Developing recommendations to the City Commission
I for forwarding to the School Board of Palm Beach County
Ilregarding actions which may be taken in support of schools
I in Boynton Beach and with respect to proposed legislation at
the State level.
Section 4.
RECOMMENDATIONS OF BOARD.
The Board
shall periodically advise the City Corrunission of its
findings with respect to the foregoing issues and
shall
imake recommendations to the Ci t.y Commission on any matter
referred to it wi thin thirty (30) days or wi thin such time
as prescribed by the City CommisSion by specific Resolution.
Section 5.
ORGANIZATION.
A. The Education Advisory Board shall be comprised of
nine (9) permanent members and two (2) alternate members,
all to be appointed by the City Commission, provided two (2)
members shall
be from the Coalition of Boynton West
Residential Associations, Inc. (COBWRA).
Of the members so
appointed, four (4) shall be for a term of three (3) years,
three shall be for a term of two (2) years, and the COBWRA
members shall be for a term of one (1) year.
Their
successors shall be appointed for a term of two (2) years.
II
,
ii
Alternate members shall be appointed for a period of one (1)
!year.
li B. Any member failing to attend two (2) of three (3)
'Isuccessive meetings without cause and/or without prior
lapproval of the Chairperson of the Board shall automatically
!Iforfeit his or her appointment.
C. Any member of the Board may be removed for cause
in accordance with State Law.
The City Commission shall
IPromptlY fill any
D. At the
I
vacancy.
organizational
meeting
of
the
Board
a
I Chairperson and Vice-Chairperson
I
I majority vote of the Board.
IVice-chairperson shall be selected
I meeting of the Board.
I Section 6. MEETINGS. The
shall be
selected
by
The Chairperson
and
annually at the
May
Board
shall
meet
'regularly once a month, or more frequently if necessary, for
the transaction of business.
Its meetings shall be open to
I the public.
The Board may establish its own meeting rules
and procedures for the conduct of its business.
Four (4)
members shall constitute a quorum.
section 7.
QUALIFICATION,
Except
for
the
two
COBWRA members, the members of the Education Advisory Board
shall be residents of the City of Boynton Beach, Florida.
Section B.
POWERS.
Nothing
in
this
Ordinance
shall be construed as restricting or curtailing any of the
powers of the City Commission, or as a delegation to the
Board of any of the authority or discretionary powers vested
and imposed by law in the City Commission.
The City
Cormnission declares that public interest, convenience and
welfare required the appointment of the Board to act in a
purely advisory capacity to the City Commission for the
purposes set forth in this Ordinance.
Any powers delegated
here to the Board to adopt rules and regulations shall not
be construed as a delegation of legislative authority, but
purely a delegation of administrative authority.
section 9.
That all ordinances or parts of ordinances
in conflict herewith be and the same are hereby repealed.
I
II
I
1
,
,
lordinance or
Section 10.
--------.---
Should any
section or provision 01 Lh_is
portion
hereof,
<lny paragraph, sentence, 01
ord be declared by a court of competent jurisdiction to tw
invalid, such decision shall not affect the remainder of
this ordinance.
II ~ecti2.!l~.
Ilordinance.
II
Authority is hereby granted to codify said
Sectio!1__B_:
This ordinance shall become effective
immediately upon passage.
FIRST READING this
7_ day of _~~V
1991.
SECOND, FINAL READING and PASSAGE this __2-L day of
m!1j'__, 1991.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
d
I
,
I ATTEST:
I ~ &~di
/City Clerk !;)~1)
I(corporate Seal)
. fr~/'-
iLL ,,/~' --
~ssioner -
/~
I
I EDUCATE. ORD
4/25/91-YMT
l(eV.4/30/91
II
II
I'
II
I'
il
"
I[
II
II
I!
'I
I
"
Lx kd/;I' C
ORDINANCE NO. 099-~
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA AMENDING
CHAPTER 2. ADMINISTRATION, ARTICLE VIII.
CHILDREN AND YOlITH ADVISORY BOARD,
SUBSECITON 2-117, DUTIES. PROVIDING FOR
CLARIFICATION AND EXPANSION OF THE SCOPE OF
DUTIES OF SAID BOARD; PROVIDING FOR
CONFUcrs, SEVERABIU1Y, CODIFICATION AND AN
EFFECTIVE DATE.
WHEREAS, The City Commission has determined that it is in the best
interest of the general welfare of the citizens and residents of the City of Boynton
Beach to provide clarification and an expansion of the scope of duties to the
members of the Children and Youth Advisory Board; and provide that five
members shall constitute a quorum on the Children and Youth Advisory Board
and;
WHEREAS, it is the desire of the City Commission of the City of Boynton
Beach, Florida, to amend Chapter 2. Administration, Article VIII. Children and
outh Advisory Board. Subsection 2-117, Duties. to provide for clarification and
an expansion of the scope of the duties of the members of the Children and
outh Advisory Board and;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. That Chapter 2. Administration, Article VIII Children and
outh Advisory Board, Subsection 2-117 is hereby amended by adding the
ords and figures in underlined type and deleting the figures in struck-through
md. Chapter2.C&Y Adv. Bd. Sec. 2-117
1 0/29/99 1
type as follows:
See. 2-117. Duties.
The children and youth advisory board shall act as a fact-finding
and advisory board on the following issues and on such other issues as are, from
time to time, designated by the city commission by resolution:
(1) FOFffil:llation of a cOFflprCAmsive city child carc policy.
DeveloDment of Droarams that Dromote onaoina
relationshlDs with carina adults.
(2) Formulation of long and short range programming to benefit
the children and youth of the community bv involvina
Darents. the business community. civic and
neighborhood oraanizations.
(3) Development of incentives and enhancements which would
encourage the development of RCW child care facilitics ~
Dlaces and structured activities in non-school hours.
(4) Identification of and dissemination of information on
local, county, state and federal programs that proVide
beneficial services to children and their families.
I
(5) Development of a child and youth advocacy programs.
Section 2. All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
Section 3. 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 4. Authority is hereby given to codify this Ordinance.
Section 5. This ordinance shall become effective immediately upon
passage.
md. Chapter2.C&Y Adv. Bd. Sec. 2-117
1 0/29/99
2
FIRST READING this J{ day of November, 1999.
SECOND, FINAL READING AND PASSAGE this ~ day of November,
1999.
, FL08JDA
r-;;;L
Vice Mayor
~
Mayor Pro Tem
Commissioner
~
Clerk
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3
C'IA,l.J)J- L'j
[C~~~~~~S ':>:DT~~U~~~~~ ~NE~~I~~I~~J~~ ~~:~SB~~~,Bg~~~~L, .1
BOYNTON BEACH, FLORIDA, i
ON THURSDAY, APRIL 27,2006 AT 7:00 P.M. __ ._._ J
Present:
Stephen Waldman, Chair
Mary Morera, Vice Chair
Hattie Miller
Loretta Wilkinson
Robert Chiste, Voting Student
Sherri Claude, Assistant to the Director
of the Recreation & Parks Department
Absent:
Lawrence Rubin
Christine Hogenkamp, Voting Student
I. Call to Order
Chair Waldman called the meeting to order at 7:01 p.m.
II. Pledge of Allegiance/Moment of Silent Reflection
Chair Waldman led the Pledge of Allegiance to the Flag, followed by a moment of silent
reflection.
III. Approval of Minutes of March 16, 2006
There were no additions, corrections, or deletions from the minutes.
Motion
Vice Chair Morera moved to approve the minutes of March 16, 2006. Ms. Miller seconded the
motion that passed 5-0.
IV. Approval of Agenda
Chair Waldman added an item under New Business, (C) Grant Monies.
Motion
Ms. Miller moved to approve the agenda as amended. Vice Chair Morera seconded the motion
that passed 5-0.
V. Announcements/ Presentations/ Correspondence
Chair Waldman announced an Art and Jazz concert at the Children's Museum on Sunday, April
30 from 1:00 to 6:00 p.m. featuring jazz guitarist Nestor Torres.
Meeting Minutes
Advisory Board on Children & Youth
Boynton Beach, Florida
April 27, 2006
VI. Public Audience
David Katz, 67 Midwood Lane, Boynton Beach, declared his son had brought home an
application for the Youth Volunteer Bank, which stated the board reserved the right to weight
the volunteer hours worked. He felt any time a volunteer put in hours it was important,
regardless of where it was. He asked the board to consider eliminating that wording this year or
at least, the following year.
A discussion ensued. The language at issue was:
''The City of Boynton Beach and Advisory Board on Children & Youth reserves the right to
weight hours based on type of service and organizations volunteered at, in order to encourage
and reward diversity in volunteer service."
Mr. Katz commented that his son had volunteered hundreds of hours to an organization that
saves dogs and cats and this should be no less important than the youth who volunteers to
teach children at risk to read. He felt having a policy of diversity in volunteer activities was
pointing youth in the wrong direction. Colleges look for community service hours that show
consistency and dedication, not a little here and a little there.
Chair Waldman mentioned the board had, historically, awarded double hours for beautification
projects. Mr. Katz responded that not everyone might be available during the days and times of
beautification projects. He did not feel that beautification hours should have more weight than
any other hours.
Various versions of the language were discussed. The board did not believe it had to be
changed at this meeting. One example of possible wording was, "The City and AdviSOry Board
on Children & Youth will periodically give double hours for City-sponsored projects." The
language about encouraging and rewarding diversity in volunteer service would remain.
Chair Waldman indicated the board would discuss this and delete the wording pertaining to
weighting. The consensus was they wanted to encourage volunteerism of all kinds. They had
concerns, though, about monetary awards based solely on the number of hours, because one
individual might claim working in his father's business was volunteering and that was not
something that would be allowed, for example. In any event, it was too late for this year
because all the hours had been submitted and the forms had been widely distributed with the
current language.
Motion
Vice Chair Morera moved to delete from the Youth Volunteer Bank Hours Verification form, item
5, the words "reserves the right to weight hours based on type of service and organizations
volunteered at." Ms. Miller seconded the motion that passed 5-0.
VII. Old Business
A. Tennis Carnival, April 8, 2006
2
Meeting Minutes
Advisory Board on Children & Youth
Boynton Beach, Florida
April 27, 2006__
Chair Waldman reported the Tennis Carnival had been a great success. Ms. Claude had gotten a
considerable amount of positive feedback from the attendees. Several children were given
racquets. Ms. Phyllis Stern and Ms. Jane Swotes gave a very generous donation to the Advisory
Board on Children & Youth. Chair Waldman thought this donation could be used as the board
saw fit, but one board member questioned the intentions of the donors, saying they might have
meant for the money to only go towards the tennis carnival. Ms. Claude will determine the
donors' intentions. Ms. Claude shared some pictures of the tennis carnival with the board.
A discussion ensued about having another tennis event at the City Tennis Center, which could
host even more children. By consensus, the board directed Ms. Claude to invite the City's tennis
pro, Bob Howell, to come speak to the board about this.
B. Teen Center
Vice Chair Morera reported the schools had not responded to the letter sent by the board
pertaining to the surveys for interest in a teen center. The letter had said the board members
would get back with the schools, but when the calls were made, no one knew what they were
talking about, having thrown out the letters. Feedback from the schools indicated it would be
better to write them a letter saying, "If you are interested in something like what we are
proposing, please give us a telephone call back with how many surveys you would like to
receive, and we will come to your school to talk to you." Atlantic High School was willing to
distribute the survey but stated most of the kids going to Atlantic High School live in Delray
Beach.
The new student member, Robert Chiste, felt a teen center was something that might be a
good idea in the summer, but that most kids were very busy with schoolwork during the school
year.
Ms. Wilkinson suggested the survey could be published in the high school newspapers with a
request to return the survey.
Ms. Claude suggested having an event that was advertised in the school newspapers, on school
marquees, flyers, and so forth in advance to see whether kids would respond to a call to
brainstorm about a teen center. The board's intent was to get a core group of kids who would
work for it rather than having the adults assume it was a good thing.
Vice Chair Morera felt the letter should be reworded so an adult had to give the writer
feedback. Or, they could pitch it at student-run groups instead of trying to go through the
principals and guidance offices. Or, they could say to the schools, "We're going to drop off
these forms. Please put us in contact with the adviser to the Key Club or student government
representatives." Ms. Wilkinson felt it was the kind of thing where if built, people would come to
it. Chair Waldman said it would have to have monetary support from the City.
Ms. Wilkinson mentioned the planned Boundless Park on Congress, thinking the teen center
could have a part of that, perhaps hold teen concerts there once a month. That could start
teenagers wanting to be involved.
The consensus was to table this item for an undetermined period.
3
Meeting Minutes
Advisory Board on Children & Youth
Boynton Beach, Florida
April 27, 2006
C. Youth Volunteer Bank, Banquet May 20, 2006
Ms. Claude indicated the banquet would be held at the Senior Center this year. Invitations had
been sent yesterday, including one to Ms. Emily Borovy. Only 20 students turned in hours in
spite of receiving a letter and two postcards about this. The previous year, 40 applications were
received. One of Ms. Claude's goals for the coming year was to try to increase participation and
membership in this program. She noted participation had been dwindling over the last 5 years.
There were 40 applications last year. Chair Waldman and Ms. Wilkinson announced they would
not be able to attend the banquet this year. It was suggested that a sign be put on the door of
the Civic Center, since the event had been held at that location for years. Ms. Claude hoped
other board members would be able to lend a hand.
D. Bob Borovy Award
Ms. Claude indicated there was a winner. They only received two applications this year,
compared to ten the previous year. She circulated the applications among the board members.
The budget figure for the award shown on the agenda should have the $lK for the winner
deducted. Vice Chair Morera commented Golfview Harbour gives out scholarships also, and they
only had one applicant this year. Some felt the students were going for higher dollar
scholarships and others felt every dollar counted. A comment was made that all too often,
scholarships were not awarded due to lack of applications.
Chair Waldman said in previous years, the board had decided that if there were three
applicants, the runner-up would also get an award. Ms. Claude did not believe they ever had to
give more than a first-place award, but this could be discussed at another meeting.
E. Fundraising Ideas
The board decided to table this item until the full board was present.
F. Youth Expo
Vice Chair Morera had attended this meeting, but was out of the room when it came up. It was
suspended temporarily.
G. Guest Speakers
Ms. Claude asked if this agenda item referred to a discussion of getting some guest speakers or
the guest speakers themselves. She suggested putting it all under Presentations and
Announcements. Chair Waldman responded they were inviting the tennis pro and the Sister
Cities representative.
VIII. New Business
A. Sister Cities
4
Meeting Minutes
Advisory Board on Children &. Youth
Boynton Beach, Florida
April 27, 2_006
Chair Waldman declared the Chair of the board in charge of the Sister City program wanted to
come to the board to make a presentation about the program and discuss how the Advisory
Board on Children & Youth could get involved. Some ideas were pen pals, young artists in
residence, and so forth. The board was in favor of hearing the presentation and Ms. Claude will
issue an invitation.
Chair Waldman commented Ms. Lena Rahming had asked the Sister City board to explore the
idea of having another sister city, Eleuthera in the Bahamas.
B. Combining Education and Children & Youth Advisory Boards
Ms. Claude announced there was an agenda item on May 16 to discuss combining the
Education Advisory Board and the Advisory Board on Children & Youth. There were only three
members left on the Education Advisory Board and no applications had come in for some time.
Those three members would be put into the three regular member slots on this board.
Ms. Wilkinson asked what that meant for this board. Ms. Claude stated the plan was to change
the mission of this board to include an education component to merge the two
missions/purpose statements.
Ms. Wilkinson understood the EAB was lacking members and that this was the catalyst behind
this but personally, she felt combining the two boards would seriously dilute the effectiveness of
each. She was not in favor of it and did not believe it would be good for the City. Although the
EAB was having a lull right now, in the past the EAB had been very instrumental in doing things
like getting a high school after 25 years of trying. The EAB was also not a board that took on
beautification projects like Children & Youth. Her objection had nothing to do with personalities.
This board was having a hard time now getting enough people to come to the banquet and to
beautification activities. It could be there would be three more people to get behind the
Children & Youth board's activities or it could work the other way - the Children & Youth board
would have extra projects to do because it was part of the EAB.
It was not clear whether there was any choice in the matter. Ms. Claude suggested if any
member had a strong opinion about this, they couid come to this meeting and express their
thoughts.
Chair Waldman commented if it happened, there would have to be new elections for Chair and
Vice Chair. Ms. Claude indicated this would happen every year anyway, in May.
C. Grant Monies
Chair Waldman mentioned grant funds were available, one from the United States Congress,
one from the Florida Governor's Points of Light program and one from the Nestle company.
There was grant money and honors. Some programs provide both, others just one. This would
be a good thing for seniors wanting to get into college - something positive for their record. He
wanted to see if the board would be interested in having a subcommittee look into available
grants and report back to the board on something the board could do right away. There were
grants for elementary students, high school students, car repair for people who are disabled,
5
Meeting Minutes
Advisory Board on Children & Youth
Boynton Beach, Florida
April 27, 2006
and things like that. He hoped the board could look into this and asked to have it put on the
agenda for a future meeting.
IX. Future Meeting Dates
May 25, 2006
June 22, 2006
X. Adjournment
It was moved and seconded that the meeting be adjourned. The motion was adopted and the
meeting was adjourned at 8:15 p.m.
Respectfully submitted,
Susan Collins
Recording Secretary
(050106)
6
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
IX. - CITY MANAGER'S
REPORT
ITEM 0
Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned
Meetine Dates in to City Clerk's Office Meetim! Dates in to Citv Clerk's Office
D April 4, 2006 March 20, 2006 (Noon.) D June 6, 2006 May] 5, 2006 (Noon)
D April 18. 2006 April 3, 2006 (Noon) D June 20, 2006 June 5, 2006 (Noon)
D May 2, 2006 April 17,2006 (Noon) D July 5, 2006 June] 9,2006 (Noon)
[gJ May 16,2006 May 1, 2006 (Noon) D July 18, 2006 July 3, 2006 (Noon)
D Administrative D Development Plans
NATURE OF D Consent Agenda D New Business
AGENDA ITEM D Public Hearing D Legal
D Bids 0 Unfinished Business
D Announcement D Presentation
[gJ City Manager's Report
RECOMMENDATION: To approve the transfer of$50,000 from the City Hall Contingency Fund to the Neighborhood
Assistance Matching Funds (NAMF) program account and allocate $10,000 from the Neighborhood Services budget to fund
the proposed Emergency Generator and Ice Machine project.
EXPLANATION: The City will provide a one-time grant award of up to $5,000 to neighborhood-based organizations,
including faith-based organizations to purchase a generator and/or ice machine at their clubhouse or meeting facility, which
will be used to aid the citizens of Boynton Beach in the event of an emergency disaster. The City will fund a maximum of
three (3) facilities per Commission District, totaling $60,000.
PROGRAM IMPACT: The Emergency Generator and lee Machine Fund is a component of the Neighborhood Assistance
Matching Fund (NAMF) program. The Emergency Generator and Ice Machine Project Fund was created by the City of
Boynton Beach as a proactive measure to prepare and protect its citizens during hurricane events, post-hurricane and other
emergency disaster situations. The Emergency Generator and Ice Machine Project Fund will be a one-time grant funding
opportunity under the NAMF program. The City will make awards up to $5,000 to neighborhood-based organizations,
including faith-based Institutions to purchase a generator and/or ice machine that will be installed at their clubhouse or
meeting facility. Generators and ice are two of the more essential items needed in preparation for and after an emergency
disaster. It is intended that these facilities will be strategically positioned in each district and throughout the city. All
organizations will be required to have a Hurricane Preparedness Plan in place to be considered for funding. The City will
assist organizations with the development of their hurricane preparedness plans. Additionally, these sites will be required to
make their facilities accessible to the general public after servicing the needs of their immediate community/development.
Neighborhood Services has developed an application and review process to ensure equity in the distribution of these funds.
This project aligns with the mission of the City and Neighborhood Services.
In addition to the Neighborhood Assistance Matching Fund Program, the City's Utility Department is in the process of
designing an innovative pilot orol!ram whereby other clubhouses located adjacent to City lift stations could share in the cost
of a stationary generator that would power the lift station and basic functions of a clubhouse.
S:IBULLETlNIFORMSIAGENDA ITEM REQUEST FORMDOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
FISCAL IMPACT: The 2005/06 Budget included a contingency 01'$150,000 in the General Fund (City Hall- alc #001-
1211-512.99-01). On October 5, 2005, the City Commission authorized the use 01'$98,117 of this contingency to fund the
"Police Department Management Study" awarded to Police Executive Research Forum, leaving an available balance of
$51,883 in the contingency account. Under this project, $50,000 will be transferred from the City Hall Contingency Fund
(account # 001-1211-512-99-0 I) to the Neighborhood Assistance Matching Fund (account # 001-24 I 7-559-49-65) and the
remaining $10,000 will come from the Neighborhood Services budget.
AL TERNA TlVES: Not to approve the request or fund the Emergency Generator
(/t "X4t~~---
'-/ -2s Department Name
Neighborhood Services
S:\BULLETIN\FORMS\^GENDA ITEM REQtJL:ST FORM. DOL
The Emergency Generator and Ice Machine Fund is a component of the Neighborhood
Assistance Matching Fund (NAMF) program. The Emergency Generator and Ice
Machine Project Fund was created by the City of Boynton Beach as a proactive
measure to prepare and protect its citizens during hurricane events, post-hurricane and
other emergency disaster situations, The Emergency Generator and Ice Machine
Project Fund will be a one-time grant funding opportunity under th~\NAMF program.
The City will make awards up to $5,000 to neighborhood-basedprganizations, including
faith-based Institutions to purchase a generator and/or ice ma~l'line that will be installed
at their clubhouse or meeting facility. Generators and ice are two of the more essential
items needed in preparation for and after an emergency disaster.ltis intended that
these facilities will be strategically positioned in each,~~Jrict and thl-o!.! out the city, All
organizations will be required to have a Hurricane~Jlgpa'tedness Plan" ace; to be
considered for funding. The City will assist orga "'ations with the develo ent of their
hurricane preparedness plans. Additionally, ites vy,~,!:>e required to make their
facilities accessible to the general public after serv ''e' needs of their immediate
community/development.
Who Can Apply?
>+'cu,
Established neighborhood organizations (~,.g.",reighb<.l.,~~ood associations, homeowner
associations, or neighborho business or~izations);and faith-based-based
institutions primarily run eers. The'9foups must have an open membership;
cannot discriminate i on of mem~n;;; and must actively seek membership
or involvement of nEli sidents and"l:iusiness operators.
When to Apply:
Neighborh9,Q.d;g~li~~;!il[org tions can apply to the Emergency Generator and Ice
Machine,,~Lnd anyti~;\~ough e year. The applicant must complete the NAMF
appliq~~@. ,.,:J[:i:
t, '<J;,;\<>:>:< ".r,:
Project R~~irements: t;l;
Both types of"~iQj~cts re~ire neighborhood match (cash or in-kind donations) that
equal the value oti,~ [~uest amount). Sweat eauity will not be counted as match.
':~,i#.::t"
All organizations m~ing application to this fund must own a clubhouse or meeting
facility that will accbmmodate large gatherings and be accessible to the general public.
Faith-based institution facilities shall be separate from the worship center. Personal
residences are IJrohibited and not an allowable facilitv.
All ice machines shall be installed at clubhouses and meeting facilities equipped with
emergency generator power.
All emergency generators that will be fixed and hard wired must be installed by a
licensed electrician.
1
This is a reimbursable grant and Associations or Faith-Based institutions must provide
copy of invoice from the company contracted to install the emergency generator as well
as proof of purchase of equipment.
The City will not provide maintenance for emergency generators or ice machines
awarded through the Neighborhood Assistance Matching Fund.
Associations and Faith-Based institutions must provide a copy of a current hurricane
assistance plan along with their application to be eligible for a matching fund award.
As part of the review process a site visit will be required to determine suitability and
feasibility for distribution of all relief benefits.
Review Process:
Once an application is submitted, it is reviewed and rated byjN
staff and city staff, as well as members from the Communi~ Re
on the projects' final scores Neighborhood Services staff p"r~pares
awards. Applications are rated using the following criteria:
Community Benefit (Total possible points =~)
. Project will result in outcomes that are consi$t~nt with its intended goal(s) and
are beneficial to meeting the community and general public needs. (0-15 points)
. Organization operating budget' ocumented as $50,000 or less. (0-15 points)
. Project or activity benefits a geo 'strict popul~tion) neighborhood (0-15
points) .. .
Participation (Total possib/~ points = 2\,,>
:'Y<~>';:;'\" ic"A
. Project includesp",l>o~11~ies to invo~r neighbors in shaping and carrying out
the project. (O-l~,~ointsJr'\,,<.
. Project promote~t{'~ra9'~'V~.t;9iYl:lrl:i~parts of the community (e.g.
renters/owners, busi~l:l;l5s/resj(Jents,intergenerational pairings, different abilities,
or dif!.~C . andet!'lDic groups. (0-5 points)
. T ," roject pr s coll_ation between youth and adults, with meaningful
for each. (0 pints)"
Project F . ility (Totaossible points = 20)
?
. Propos oject.l,well planned and ready for implementation. (0-10 points)
. Budget rehepresents the project's expenses and revenue. (0-10 points)
Match (Total pas Ie points = 15)
. Match is realistic and appropriate to the projects. (0-5 points)
. The project proposes more than 25% match from the neighborhood/community.
(0-5 points)
. Neighborhood match is documented. (0-5 points)
Applicants are notified of the award decisions within 4 weeks of submitting an
application. Applicants should contact Neighborhood Services for more information and
borhood Services
s Board. Relying
cation of
2
for early advice and guidance about developing a project idea and preparing a
competitive application. Application deadline dates are noted in the Application.
3
City of Boynton Beach Neighborhood Assistance Matching Fund _.
2006 APPLICATION _
CHECK ONLY ONE BOX
o Neighborhood Outreach Project
o Emergency Generator and Ice Machine Project
Submit the orillinal and 6 copies of the application form and attachments to the City of Boynton Beach, Neighborhood Services,
100 E. Boynton Beach Boulevard, P. O. Box 310, Boynton Beach, FL 33435-310, (561) 742-6029. The application and copies must
be received by 5:00 p.m. on the due date.
,;;\Hnu
Ev~~lHome Phone:
---~"~_._...._._----._.__.-
Applicant Contact Information
Applicant Organization:
Project Contact Person:
Mailing Address:
DaylWork Phone:
Home E-Mail Address:
Work E-Mail Address:
_..n__________..____.___ n__ ----
.----..-----..-------------
..-----.-.-.---.-----.....--.--
--..-..-.------..--- -----
--.------.--
<SL'S/0,
Sup
Does your organization have a current neighbor
(The answer to this question may affect your award d
Will your organization open your facility to the gene
the needs of your immediate comm lop men
question may affect your award dec'
---------..-------..--------
DYES
DYES
DNO
DNO
---------------
--------.--.-.-.--.-------
How will funds be used:
What will be
accomplished'
---- ------- --
----.--------------
Number of people to b
served:
_______...________n__.._____________.__..._______ --
Description of project
outreach:
-----------.--.---..--------.-- --
City of Boynton Beach
NAMF-NOR/EGIM Application
Outline the criteria to be
used to determine who will
be served:
,
Budget Information
Expenses
NAMF Request
Match
TOTAL BUDGET
applicant organization, assures that a majority of members of
n ertake ct, and assures that any funds received as a result of the
erein. Project Sponsor attended a workshop on
ighborhood Services Manager.
Name (print):
Signature:
Address/Zip:
Day Phone:
City of Boynton Beach
NAMF-NOR/EGIM Application
2
~~'.,~"
,
. .
!
'~~ \, ~ "r~,,:
i-,,". /T~.':~
'" ",. . .. ..' ,.- ,~
ON o.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
XII. - LEGAL
DEVELOPMENT
ITEM A.1
Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Form Must be Turned
Meetine: Dates in to City Clerk's Office Meetine:Dates in to City Clerk's Office
D April 4, 2006 March 20, 2006 (Noon.) D June 6, 2006 May 15, 2006 (Noon)
D Apri118,2006 April 3, 2006 (Noon) D June 20, 2006 June 5,2006 (Noon)
D May 2, 2006 April 17 ,2006 (Noon) D July 5, 2006 June 19,2006 (Noon)
[gJ May 16, 2006 May 1,2006 (Noon) D July] 8, 2006 July 3, 2006 (Noon)
- ,
,
D Administrative D Development Plans GJ
NATURE OF D Consent Agenda D New Business
AGENDA ITEM D Public Hearing [gJ Legal r<.;
D Bids D Unfinished Business )}:.o-
D D Presentation . . j',-J
Announcement
D City Manager's Report
RECOMMENDA nON: Please place this request on the May 16, 2006 City Commission Agenda under Legal,
Ordinance - Second Reading. The City Commission approved the subject request under Public Hearing and Legal,
Ordinance - First Reading on May 2, 2006. For further details pertaining to the request, see attached Department
Mernorandum No. 06-070.
EXPLANATION:
PROJECT:
OWNER:
LOCATION:
DESCRIPTION:
Seacrest Low Density Residential (LUAR 06-014)
City Initiated
West side of Sea crest Boulevard from NW 3rd Avenue to north ofNW 6th Avenue
Request to amend the Comprehensive Plan Future Land Use Map from Local Retail
Commercial (LRC) to Low Density Residential (LDR).
Proposed use:
No change proposed
PROGRAM IMPACT: N/A
FISCAL IMPACT: N/A
ALTERNATIVES: N/A
D~__~.e
~
City Manager's Signature
.7L~) ~.~~
Planning -and 20 g irector City Attorney I Finance I Human Resources
S:\Planning\SHARED\WP\PROJECTS\Seacresl Rczoning\Agenda Item Request Seacrcst Low Density Res LUAR 06-014 Amend 5-16~06.dot
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ORDINANCE NO. 06- 039
AN ORDINANCI<~ OF THE CITY OF BOYNTON
BEACH, FLORIDA, AMENDING ORDINANCE 89-38
BY AMENDING THE FUTURE LAND USE ELEMENT
OF THE COMPREHENSIVE PLAN FOR A PARCEL
OWNED BY VARIOUS OWNERS, AND LOCATED ON
THE WEST SIDE OF SEACREST BOULEVARD
BETWEEN NORTHWEST 3'''' AVENUE AND
NORTHWEST 6 TII A VENUE; CHANGING THE LAND
USE DESIGNATION FROM LOCAL RETAIL
COMMERCIAl" (LRC) TO LOW DENSITY
RESIDENTIAL (LDR); PROVIDING FOR CONFLICTS,
SEVERABlUTY, AND AN EFFECTIVE OATK
15
16 WHEREAS, the City Commission of/he City of Boynton Beach, Florida has adopted
17 a Comprehensive Future Land Use Plan and as part of said Plan a Future Land Use Element
18 pursuant to Ordinance No. 89-38 and in accordance with the Local Government
19 Comprehensive Planning Act; and
20 WHEREAS, the procedure for amendment of a Future Land Use Element of a
21 Comprehensive Plan as set forth in Chapter] 63, Florida Statutes, has been followed; and
22 WHEREAS, after two (2) public hearings the City Commission acting in its dual
23 capacity as Local Planning Agency and City Commission finds that the amendment
24 hereinafter set forth is consistent with the City's adopted Comprehensive Plan and deems it in
25 the best interest of the inhabitants of said City to amend the aforesaid Element of the
26 Comprehensive Plan as provided.
27 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
28 CITY OF BOYNTON BEACH, FLORIDA, THAT:
29
Sc:gion I:
The foregoing WHEREAS clauses arc true and correct and
30 incorporated herein by this reference.
S:\CA\Ordinances\Planning\Land Use\Seacrest Low 010 01.] .doc
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Section 2:
Ordinance No. 89-38 of the City is hereby amended to reflect the
2
following:
3
That the Future Land Use of the following described land located on the West side of
4
Seacrest Boulevard between Northwest 3'd Avenue and Northwest 6'h Avenue in Boynton
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Beach, Florida shall be changed from Local Retail Commercial (LRC) and shall now be
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designated as Low Density Residential (LDR):
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See Attached Exhibit "A"
Containing: 1.68 acres more or less.
Subject to easements, restrictions, reservation and rights of way of record.
Section 3:
That any maps adopled in accordance with the Future Land Use Element of
16
the Future Land Use Plan shall be amended accordingly.
17
Section 4:
All ordinances or parts of ordinances in conflict herewith are hereby
18 repealed.
19
Section 5:
Should any section or provision of this Ordinance or any portion thereofbe
20 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
21 remainder of this Ordinance.
22
Section 6:
This Ordinance shall take effect on adoption, subject to the review,
23 challenge, or appeal provisions provided by the Florida Local Government Comprehensive
24 Planning and Land Development Regulation Act. No party shall be vested of any right by virtue
25 of the adoption of this Ordinance until all statutory required review is complete and all legal
26 challenges, including appeals, are exhausted. In the event that the effective date is established by
27 state law or special act, the provisions of state act shall control.
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FIRST READING this ~__ day of .Mli'f--
SECOND, FINAL READING and PASSAGE this
2
.2006.
day of
,2006.
3
CJTY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
ATTEST:
City Clerk
(Corporate Seal)
(, \CA\Ordinances\Plcmning\Land lbe\Seacref:;t I..ow 06-014.doc
EXHIBIT "A"
LOTS 145 TO 147, LESS 111E NORTH AND SOUTH 20 FOOT RETURN CURVE AREA ROAD
RlGHT-OF-WAY, BLOCK A, PLAT OF BOYNTON HILLS, ACCORDING TO THE PLAT
THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR
PALM BEACH COUNTY, FLORIDA, RECORDED IN PLAT BOOK 4, PAGE 51; SAID LANDS
SITUATE LYING AND BEING IN PALM BEACH COUNTY, FLORIDA.
TOGETHER WITH:
LOT 145, LESS THE RETURN CURVE AREA ROAD RlGHT-OF-WAY, LOT 146, AND LOT 147,
LESS THE 20 FOOT RETURN CURVE AREA ROAD RIGHT-OF-WAY, BLOCK B, PLAT OF
BOYNTON HILLS, ACCORDING TO THE PLAT lllEREOF ON FILE IN THE OFFICE OF THE
CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA,
RECORDED IN PLAT BOOK 4, PAGE 51; SAlD LANDS SITUATE LYING AND BEING IN PALM
BEACH COUNTY, FLORIDA.
TOGETHER WITH:
LOT 130, LESS THE RlGHT-OF-WAY OF SEACREST BOULEVARD, LOT 131, LOT 132, AND
LOT 133, LESS THE SOUTH 15 FEET, BLOCK B, PLAT OF BOYNTON HILLS, ACCORDING TO
THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN
AND FOR PALM BEACH COUNTY, FLORIDA, RECORDED IN PLAT BOOK 4, PAGE 51; SAID
LANDS SITUATE LYING AND BEING IN PALM BEACH COUNTY, FLORIDA.
TOGETHER WITH:
LOT] 00, LESS THE 20 FOOT RETURN CURVE AREA ROAD RIGHT -OF- WAY, BLOCK B, PLAT
OF BOYNTON HILLS, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE
CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA,
RECORDED IN PLAT BOOK 4, PAGE 5]: SAID LANDS SITUA TE LYING AND BEING IN PALM
BEACH COUNTY, FLORIDA.
TOGETHER WITH:
LOT 100 AND THE SOUTH HALF OF ABANDONED NW 7TH COURT LYING NORTH OF AND
ADJACENT THERETO, LESS 20 FOOT RETURN CURVE AREA ROAD RIGHT-OF-WAY, AND
LOT 101, BLOCK C, PLAT OF BOYNTON HILLS, ACCORDING TO THE PLAT THEREOF ON
FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH
COUNTY, FLORIDA, RECORDED IN PLAT BOOK 4, PAGE 51; SAID LANDS SITUATE LYING
AND BEING IN PALM BEACH COUNTY, FLORIDA.
TO:
FROM:
THROUGH:
DATE:
PROJECT NAME/NUMBER:
REQUEST:
Property Owner(s):
Applicant/Agent:
location:
Parcel Size:
Existing Land Use:
Existing Zoning:
Proposed land Use:
Proposed Zoning:
Proposed Use:
DEVELOPMENT DEPARTMENT
PLANNING lit ZONING DMSION
MEMORANDUM NO. PZ 06-069
Chair and Members
Community Redevelopment Agency Board and
Mayor and City commissiofiA ^'
Hanna Matras, Planner -<: r V - -
Michael W. Rumpfft~
Director of Planning and Zoning
April 3, 2006
Sea crest low Density Residential/LUAR 06-014
Amend the Future land Use designation from local Retail
Commercial to low Density Residential, and
Rezone the property from C-2 Neighborhood Commercial to R-1
Single Family Residential
PROJECT DESCRIPTION
Malcolm L. & Wendy B. Browne
Ester Gregoire
Frank R. Barron & Frank R. Barron Trust
Michael Parker, Elaine Venturelli & Robin Cogas
lucio & Maria V. Garcia
City of Boynton Beach
Willie J. Hollis
City of Boynton Beach
West side of Seacrest Boulevard between NW 3rt! Avenue and NW
6th Avenue (Exhibit "A'')
1.68 acres
local Retail Commercial
C-2 Neighborhood Commercial
low Density Residential
R-1 Single Family Residential
No change anticipated
Adjacent Uses:
North:
South:
Vacant property which is the subject of a companion land use
amendment and rezoning, designated local Retail Commercial (lRC)
and zoned C-2 Neighborhood Commercial
Right-of-way of NW 3nl Avenue then developed property belonging
to the First Baptist Church designated local Retail Commercial and
zoned C-2 Neighborhood Commercial.
Right-of-way of Seacrest Boulevard then developed -residential
properties designated Medium Density Residential (MeDR) and
zoned R-2 Duplex Residential.
East:
West:
Developed single-family homes designated low Density Residential
(LOR) and zoned R-l Single-family Residential
EXECUTIVE SUMMARY
Staff recommends approval of the requested land use amendment and rezoning for the following
reasons:
1. The future land use amendment is consistent with the policies of Oty's adopted
Comprehensive Plan;
2. The requested land use amendment and rezoning meet or exceed the criteria for review,
as required in the land Development Regulations; and,
3. The reclassification and rezoning implements the vision and recommendations of the
"Healt af Bovnton Community Redevelaoment Plan".
PROJECT ANALYSIS
The parcels, which are the subject of this land use amendment, total 1.68 acre. Because of the
size of the property under consideration, the Rorida Department of Community Affairs dassifies
this amendment as a "small scale" amendment. A "small-scale" amendment is adopted prior to
forwarding to the Florida Department of Community Affairs and is not reviewed for compliance
with the state, regional and local comprehensive plans prior to adoption.
The criteria used to review Comprehensive Plan amendments and rezonings are listed in the
land Development Regulations, Chapter 2, Section 9, Administration and Enforcement, Item C.
Comprehensive Plan Amendments: Rezonings. These criteria are required to be part of a staff
analysis when the proposed change indudes an amendment to the Comprehensive Plan Future
land Use Map.
a. Whether the proposed rezoning would be consistent with applicable comprehensive
plan polides induding but not limited to, a prohibition against any increase in
Page 3
File Number: LUAR 06-014
Sea crest Commercial
dwelling unit density exceeding 50 in the hurricane evacuation zone without written
approval of the Palm Beach County Emergency Planning Division and the City's risk
manager. The planning department shall also recommend limitations or requirements,
which would have to be imposed on subsequent development of the prope~ in
order to comply with policies contained in the comprehensive plan.
Two policies contained in the Future Land Use Element speak directly to the proposed
amendment. Policy 1.13.4 requires, in part, that:
"(The City shall) Demonstrate, in all future development and redevelopment in the City,
land use patterns that are non-strip in nature. . .", and,
Policy 1.19.7 states:
"The City shall continue to change the land use and zoning to permit only residential or
other non-commercial uses in areas where the demand for commercial uses will not
increase, particularly in the Coastal Area."
The subject parcels, lying along the west side of Seacrest Boulevard, have a shallow depth of
only one lot and form a strip of commercially-designated land. The size of the individual parcels
make the redevelopment of them with commercial uses problematic, even with the recent
amendments to the land development regulations that provide for reduced setbacks. The land
has had a commercial designation at least since adoption of the "1989 City of Boynton Beach
Comprehensive Plan". If there was a demand for their use under this designation,
redevelopment would have occurred.
In contrast, the properties are developed with single-family residences. The designation for
commercial uses makes these residences "non-conforming", thus creating difficulties for property
owners to secure financing for improvements or sales.
In addition to the policies cited from the Boynton Beach Comprehensive Plan, the "Heart of
Bovnton Community Redevelooment Plan~ adopted by the City on December 4, 2001,
recommended that these commercially designated parcels be redesignated for single-family use
to be more compatible with the adjacent development. The plan was developed under
guidelines established in the Future Land Use Element, Policy 1.9.5 which states:
"The City, by 2002, shall conduct studies and/or prepare redevelopment plans for areas
designated by the Primary Target Areas Overlay. The plans shall, in part, implement or
further the adopted Boynton Beach 20/20 Redevelopment Master Plan with use
provisions, development standards and design criterla which may address public
improvements, infrastructure, building placement, architectural character, streetscape,
signage, landmark opportunities and unifying design concepts. Implementation
mechanisms may Include, but are not limited to, adoption of overlays in the land
development regulations, amendments to land development regulations, and/or through
rezoning to new or existing districts.
Page 4
File Number: LUAR 06-014
Seacrest Commercial
The Primary Target Areas which shall be studied Indude but are not necessarily limited
to:
. Martin Luther King Boulevard from Seacrest Boulevard to U. S. 1. . . "
"The Heart of Bovnton Community Redevelooment Plan"was developed through a process that
invited full participation by the residents of the area. The residents saw the existing commercial
designation as something that did not meet their needs and requested the change to single-
family residential designation.
The proposed land use amendment and rezoning is a step in the implementation of the
redevelopment plan.
Therefore, the proposed land use amendment and rezoning is consistent with applicable policies
of the Comprehensive Plan.
b. Whether the proposed rezoning would be contrary to the established land use
pattern, or would create an Isolated district unrelated to adjacent and nearby
districts, or would constitute a grant of spedal privilege to an individual property
owner as contrasted with the protection of the public welfare.
The proposed rezoning would be consistent with the adjacent lands to the west, which are also
designated Low Density Residential and zoned R-1 single family residential; therefore, the
proposed change would serve to remove an isolated strip of commercially-designated land that
would be intrusive, if developed with commercial uses.
c. Whether changed or changing conditions make the proposed rezoning desirable.
The "Heart of Boynton Community Redevelopment Plan", adopted by the City of Boynton Beach
on December 4, 2001 recommended this land use amendment and rezoning, which makes the
proposed changes desirable.
d. Whether the proposed use would be compatible with utility systems, roadways, and
other public fadlities.
Most of the properties are developed with single-family residences, so no change in use is
anticipated following the adoption of the requested land use amendment and rezoning. The
proposed change would represent a reduction in the projected demands on public facilities from
those anticipated if the property were to be redeveloped for commercial uses.
e. Whether the proposed rezoning would be compatible with the current and future use
of adjacent and nearby properties, or would affect the property values of adjacent or
nearby properties.
As discussed under "Item c." above, the proposed rezoning Is Intended to promote residential
compatibility and stability. The proposed rezoning would be consistent with the adjacent lands
Page 5
File Number: LUAR 06-014
Seacrest Commercial
to the west, which are also designated Low Density Residential and zoned R-1 single family
residential
f. Whether the property is physically and economically developable under the existing
zoning.
As discussed under "Item a." above, the small size of the individual parcels makes development
under the existing zoning problematic, and there is no indication that additional commercial
development in this area would be economically feasible.
g. Whether the proposed rezoning is of a scale which is reasonably related to the needs
of the neighborhood and the city as a whole.
"The Heart of Bovnton Community Redevelooment Plan "was developed through a process that
invited full participation by the residents of the area. The residents saw the existing commercial
designation as something that did not meet their needs and requested the change to single-
family residential designation. There is a growing need for "work force" housing in the City,
which could be provided on this property.
h. Whether there are adequate sites elsewhere in the dty for the proposed use, in
districts where such use is already allowed.
There are sites elsewhere in the city for single-family housing, just as there are also existing
sites for Neighborhood Commercial uses; however, the proposed land use amendment and
rezoning will replace an incompatible commercial strip with compatible single-family residential
uses.
CONCLUSIONS/RECOMMENDATIONS
As indicated herein, this request is consistent with the intent of the Comprehensive Plan; will not
create additional Impacts on infrastructure that cannot be accommodated within existing
capacities; will be compatible with adjacent land uses and will contribute to the overall economic
development of the City. Therefore, staff recommends:
1. That the Oty Commission, acting as the Local Planning Agency, find the proposed
amendments consistent with the Comprehensive Plan;
2. That the subject requests have been reviewed based on the required criteria;
3. That the proposed rezonng furthers and implements the vision and recommendations of
the "Heart of Bovnton Community Redevelooment Plan", and therefore,
4. That the land use amendment and rezoning be approved.
If the Community Redevelopment Agency Board or the City Commission recommends conditions,
they will be Included as Exhibit "B".
ATTACHMENTS
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XII. - LEGAL
DEVELOPMENT
ITEM A.2
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in 10 Citv Clerk's Office Meeting Dates in to Citv Clerk's Office
D April 4, 2006 March 20, 2006 (Noon.) D June 6, 2006 May 15,2006 (Noon)
D April 18, 2006 April 3, 2006 (Noon) D June 20, 2006 June 5. 2006 (Noon)
D May 2, 2006 April 17,2006 (Noon) D July 5, 2006 June 19, 2006 (Noon)
[gJ May 16,2006 May 1 ,2006 (Noon) D July 18.2006 July 3, 2006 (Noon)
;-'-f
D Administrative D Development Plans ;',-:'
D D ;--,
NATURE OF Consent Agenda New Business
AGENDA ITEM D Public Hearing [gJ Legal C0
D Bids D Unfinished Business
D Announcement D Presentation 1',,:;
"') ~-::;
D City Manager's Report P--j
::-:.
n
RECOMMENDATION: Please place this request on the May 16, 2006 City Commission Agenda under Legal,
Ordinance - Second Reading. The City Commission approved the subject request under Public Hearing and Legal,
Ordinance - First Reading on May 2, 2006. For further details pertaining to the request, see attached Department
Mernorandurn No. 06-070.
EXPLANATION:
PROJECT:
OWNER:
LOCATION:
DESCRIPTION:
Seacrest Low Density Residential (LUAR 06-014)
City Initiated
West side of Sea crest Boulevard from NW 3rd Avenue to north ofNW 6th Avenue
Request to rezone from C-2 Neighborhood Commercial to R-l Single Family Residential.
Proposed use:
No change proposed
PROGRAM IMP ACT:
FISCAL IMPACT:
ALTERNATIVES:
NIA
N/A
N/A
i
Develo t D pa City Manager's Signature
~/~~~
Planning and Zo . g irector City Attorney / Finance / Human Resources
S:\Planning\SHARED\WP\PROJECTS\Seacrest Rczoning\Agenda Item Request Seacrest Low Density Res LUAR 06-014 Rezone 5-16-06_dot
S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM.DOC
1 ORDINANCl<: NO. 06-0,gQ
2
3 AN ORDINANCE OF THE CITY OF BOYNTON
4 BEACH, FLORJDA, REGARDING THl<:
5 APPLlCATJON OF CITY OF BOYNTON B~:ACII,
6 AMENDING ORDINANCE 02-013 TO REZONE A
7 PARCEL OF LAND LOCATED ON HIE WEST
8 SJDE OF SEACREST BOULEVARD BETWEEN
9 NORTHWEST 3RD A VENU~: AND NORTHWEST
10 6Tl1 AVENUE, AS MORE FULLY DESCRIBED
11 HEREJN, FROM NEIGHBORHOOD
12 COMMERCIAL (C-2) TO SINGLE FAMILY
13 RESJDENTlAL (R-I); PROVJDJNG FOR
14 CONFLICTS, SEVERABILJTY, ANI) AN
15 EFFECTJVE DATK
16
17 WHEREAS, the City Commission of the City of Boynton Beach, Florida has
18 adopted Ordinance No. 02-013, in which a Revised Zoning Map was adoptcd for said City;
1 9 and
20 WHEREAS, various owners of the property located on the West side of Seacrest
21 Boulevard between Northwest ]'" Avenue and Northwest 6th Avenue in Boynton Beach,
2 2 Florida, as more particularly described herein, has tiled a Petition, through its agent, City of
23 Boynton Beach, pursuant to Section 9 of Appendix A-Zoning, of the Code of Ordinances,
24 City of Boynton Beach, Florida, for the purpose of rezoning a parcel of land, said land being
25 more particularly described hereinafter, from Neighborhood Commercial (C-2) to Single
26 Family Residential (R- I); and
27 WHEREAS, the City Commission conducted a public hearing and heard testimony
28 and received evidence which the Commission finds supports a rezoning for the property
29 hereinafter described; and
30 WHEREAS, the City Commission finds that the proposed rezoning is consistent with
31 an amendment to the Land Use which was contemporaneously considered and approved at
S:\CA\Ordin<lTlccs\Planning\Rczoning\Rczoning - Scacrcst (Low)_(loc
1 the public hearing heretofore referenccd; and
2 WHEREAS, the City Commission dccms it in the best interests of the inhabitants of
3 said City to amend the aforesaid Revised Zoning Map as hereinafJer sct forth.
4 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
5 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
6
Section] .
The foregoing Whcreas clauses are true and correct and incorporated
7 herein by this reference.
8
Section 2.
The following described land located on the West side of SeaCrest
9 Boulevard between Northwest 3'd Avenue and Northwest 6th Avenue in the City of Boynton
10 Beach, Florida, as set forth as follows:
11 See attached Exhibit "A"
12
13 Containing: ] .68 acres more or Icss.
14
15 Subject 10 easements, restrictions, reservations and rights-of-way of
1 6 record.
17
18 be and the same is hereby rezoned from Neighborhood Commercial (C-2) to Single Family
19 Residential (R- I). A location map is attached hereto as Exhibit "B" and made a part of this
2 0 Ordinance by reference,
21 Section 3. That the aforesaid Revised Zoning Map of the City shall be amended
2 2 accordingly.
23
Scction 4. All ordinances or parts of ordinances In conflict herewith are hereby
24 repealed.
25 Section 5. Should any section or provision of this Ordinance or any portion tbereof
26 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect
27 the rcmainder of this Ordinance.
S :\CA \Ordinanccs\Planning\Rezoning\Rezoning Seacre.<:t (Low)_doc
1
Section (,. This ordinance shall become effective immediately upon passage.
2
FIRST READING this ~ day of
MA~_, 200(,.
day of
,200(,.
3
SECOND, FINAL READING and PASSAGE this
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
ATTEST:
City Clerk
(Corporate Seal)
CITY OF BOYNTON BEACH. FLORIDA
Mayor
Viee Mayor
Commissioner
Commissioner
Commissioner
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TO:
FROM:
THROUGH:
DATE:
PROJECT NAME/NUMBER:
REQUEST:
Property Owner(s):
Applicant{ Agent:
Location:
Parcel Size:
Existing Land Use:
Existing Zoning:
Proposed Land Use:
Proposed Zoning:
Proposed Use:
DEVELOPMENTDEPAR~ENT
PLANNING & ZONING DMSION
MEMORANDUM NO. PZ 06-069
Chair and Members
Community Redevelopment Agency Board and
Mayor and City Commission AA ^-
Hanna Matras, Planner -<: r V - -
Michael W. Rump'f"ft~
Director of Planning and Zoning
April 3, 2006
Seacrest Low Density Residential/LUAR 06-014
Amend the Future Land Use designation from Local Retail
Commercial to Low Density Residential, and
Rezone the property from C-2 Neighborhood Commercial to R-1
Single Family Residential
PROJECT DESCRIPTION
Malcolm L. & Wendy B. Browne
Ester Gregoire
Frank R. Barron & Frank R. Barron Trust
Michael Parker, Elaine Venturelli & Robin Cogas
Lucio & Maria V. Garcia
City of Boynton Beach
Willie J. Hollis
City of Boynton Beach
West side of Seacrest Boulevard between NW 3rd Avenue and NW
6th Avenue (Exhibit "A")
1.68 acres
Local Retail Commercial
C-2 Neighborhood Commercial
Low Density Residential
R-1 Single Family Residential
No change anticipated
Adjacent Uses:
North:
South:
Vacant property which Is the subject of a companion land use
amendment and rezoning, designated Local Retail Commercial (LRC)
and zoned C-2 Neighborhood Commercial
Right-of-way of NW 3rd Avenue then developed property belonging
to the First Baptist Church designated Local Retail Commercial and
zoned C-2 Neighborhood Commercial.
Right-of-way of Seacrest Boulevard then developeO residential
properties designated Medium Density Residential (MeDR) and
zoned R-2 Duplex Residential.
East:
West:
Developed single-family homes designated Low Density Residential
(LDR) and zoned R-l Single-family Residential
EXECUTIVE SUMMARY
Staff recommends approval of the requested land use amendment and rezoning for the following
reasons:
1. The Mure land use amendment is consistent with the policies of City's adopted
Comprehensive Plan;
2. The requested land use amendment and rezoning meet or exceed the criteria for review,
as required In the Land Development Regulations; and,
3. The reclassification and rezoning implements the vision and recommendations of the
"Heart of Bovnton Communitv Redevelooment Plan".
PROJECT ANALYSIS
The parcels, which are the subject of this land use amendment, total 1.68 acre. Because of the
size of the property under consideration, the Florida Department of Community Affairs dassifies
this amendment as a ftsmall scale" amendment. A ftsmall-scale" amendment is adopted prior to
forwarding to the Florida Department of Community Affairs and is not reviewed for compliance
with the state, regional and local comprehensive plans prior to adoption.
The criteria used to review Comprehensive Plan amendments and rezonlngs are listed In the
Land Development Regulations, Chapter 2, SectIon 9, AdminIstration and Enforcement, Item C.
Comprehensive Plan Amendments: Rezonings. These criteria are required to be part of a staff
analysis when the proposed change indudes an amendment to the Comprehensive Plan Future
Land Use Map.
a. Whether the proposed rezoning would be consistent with applicable comprehensive
plan poIldes induding but not limited to, a prohIbition agaInst any increase in
Page 3
File Number: LUAR 06-014
Sea crest Commercial
dwelling unit density exceeding 50 in the hurricane evacuation zone without written
approval of the Palm Beach County Emergency Planning Division and the City's risk
manager. The planning department shall also recommend limitations or requirements,
which would have to be imposed on subsequent development of the property, in
order to comply with policies contained in the comprehensive plan.
Two policies contained in the Future Land Use Element speak directly to the proposed
amendment. Policy 1.13.4 requires, in part, that:
"(The City shall) Demonstrate, in all future development and redevelopment In the City,
land use patterns that are non-strip in nature . . . If, and,
Policy 1.19.7 states:
"The City shall continue to change the land use and zoning to permit only residential or
other non-commercial uses in areas where the demand for commercial uses will not
increase, particularly in the Coastal Area."
The subject parcels, lying along the west side of Seacrest Boulevard, have a shallow depth of
only one lot and form a strip of commercially-designated land. The size of the individual parcels
make the redevelopment of them with commercial uses problematic, even with the recent
amendments to the land development regulations that provide for reduced setbacks. The land
has had a commercial designation at least since adoption of the "1989 City of Boynton Beach
Comprehensive Plan". If there was a demand for their use under this designation,
redevelopment would have occurred.
In contrast, the properties are developed with single-family residences. The designation for
commercial uses makes these residences "non-conforming", thus creating difficulties for property
owners to secure financing for improvements or sales.
In addition to the policies cited from the Boynton Beach Comprehensive Plan, the "Heart of
Bovnton Communitv RedeveloDment Plan", adopted by the Oty on December 4, 2001,
recommended that these commercially designated parcels be redesignated for Single-family use
to be more compatible with the adjacent development. The plan was developed under
guidelines established in the Future Land Use Element, Policy 1.9.5 which states:
"The Oty, by 2002, shall conduct studies and/or prepare redevelopment plans for areas
designated by the Primary Target Areas Overlay. The plans shall, in part, implement or
further the adopted Boynton Beach 20/20 Redevelopment Master Plan with use
provisions, development standards and design criteria which may address public
improvements, infrastructure, building placement, architectural character, streetscape,
signage, landmark opportunities and unifying design concepts. Implementation
mechanisms may include, but are not limited to, adoption of overlays in the land
development regulations, amendments to land development regulations, and/or through
rezoning to new or existing districts.
Page 4
File Number: LUAR 06-014
Seacrest Commercial
The Primary Target Areas which shall be studied include but are not necessarily limited
to:
· Martin Luther King Boulevard from Seacrest Boulevard to U. S. 1. . . "
"The Heart of Bovnton Communitv RedeveloDment Plan"was developed through a process that
invited full participation by the residents of the area. The residents saw the existing commercial
designation as something that did not meet their needs and requested the change to single-
family residential designation.
The proposed land use amendment and rezoning Is a step in the implementation of the
redevelopment plan.
Therefore, the proposed land use amendment and rezoning is consistent with applicable poliCies
of the Comprehensive Plan.
b. Whether the proposed rezoning would be contrary to the established land use
pattem, or would create an isolated distJict unrelated to adjacent and nearby
districts, or would constitute a grant of special privilege to an individual property
owner as contrasted with the protection of the publiC welfare.
The proposed rezoning would be consistent with the adjacent lands to the west, which are also
designated Low Density Residential and zoned R-1 single family residential; therefore, the
proposed change would serve to remove an isolated strip of commercially-designated land that
would be intrusive, if developed with commercial uses.
c. Whether changed or changing conditions make the proposed rezoning desirable.
The "Heart of Boynton Community Redevelopment Plan", adopted by the City of Boynton Beach
on December 4, 2001 recommended this land use amendment and rezoning, which makes the
proposed changes desirable.
d. Whether the proposed use would be compatible with utility systems, roadways, and
other public fadlities.
Most of the properties are developed with single-family residences, so no change in use is
anticipated following the adoption of the requested land use amendment and rezoning. The
proposed change would represent a reduction in the projected demands on public facilities from
those anticipated if the property were to be redeveloped for commercial uses.
e. Whether the proposed rezoning would be compatible with the current and future use
of adjacent and nearby properties, or would affect the property values of adjacent or
nearby properties.
As discussed under "Item c." above, the proposed rezoning is intended to promote residential
compatibility and stability. The proposed rezoning would be consistent with the adjacent lands
Page 5
File Number: LUAR 06-014
Seacrest Commercial
to the west, which are also designated Low Density Residential and zoned R-1 single family
residential
f. Whether the property is physically and economically developable under the existing
zoning.
As discussed under "Item a." above, the small size of the individual parcels makes development
under the existing zoning problematic, and there is no indication that additional commercial
development in this area would be economically feasible.
g. Whether the proposed rezoning is of a scale which is reasonably related to the needs
of the neighborhood and the dty as a whole.
"The Heart of Bovnton Communitv Redevelooment Plan"was developed through a process that
invited full participation by the residents of the area. The residents saw the existing commercial
designation as something that did not meet their needs and requested the change to single-
family residential designation. There is a growing need for "work force" housing in the City,
which could be provided on this property.
h. Whether there are adequate sites elsewhere in the city for the proposed use, in
districts where such use is already allowed.
There are sites elsewhere in the city for single-family housing, just as there are also existing
sites for Neighborhood Commercial uses; however, the proposed land use amendment and
rezoning will replace an incompatible commercial strip with compatible single-family residential
uses.
CONCLUSIONS/RECOMMENDATIONS
As indicated herein, this request is consistent with the intent of the Comprehensive Plan; will not
create additional impacts on infrastructure that cannot be accommodated within existing
capacities; will be compatible with adjacent land uses and will contribute to the overall economic
development of the City. Therefore, staff recommends:
1. That the Oty Commission, acting as the Local Planning Agency, find the proposed
amendments consistent with the Comprehensive Plan;
2. That the subject requests have been reviewed based on the required criteria;
3. That the proposed rezonng furthers and implements the vision and recommendations of
the "Heart of Bovnton Communitv Redevelooment Plan~ and therefore,
4. That the land use amendment and rezoning be approved.
If the Community Redevelopment Agency Board or the Oty Commission recommends conditions,
they will be included as Exhibit "B".
ATTACHMENTS
S:\PlannIng\SHAAED\WP\PROJECTS\SeaCreSt Re2OOnQ\Slaff Report: Seac:rest CommercIaI.doc
SEACREST BOULEVARD
LUAR 06 - 014
LUAR 06 - 015
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
XII. - LEGAL
DEVELOPMENT
ITEM A.3
Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Form Must be Turned
MeetiDz..Dates in to City Clerk's Office Meetinl! Dates in to City Clerk's Office
0 April 4, 2006 March 20, 2006 (Noon.) 0 June 6, 2006 May 15,2006 (Noon)
0 April 18, 2006 April 3, 2006 (Noon) 0 June 20, 2006 June 5, 2006 (Noon)
0 May 2, 2006 Apri117,2006 (Noon) 0 July 5, 2006 June 19,2006 (Noon)
[8J May 16,2006 May 1,2006 (Noon) 0 July 18, 2006 July 3, 2006 (Noon)
0 Administrative 0 Development Plans .. ~
NATURE OF 0 Consent Agenda 0 New Business .,;.:
AGENDA ITEM 0 [8J I
Public Hearing Legal (.J
0 Bids 0 Unfmished Business -'~)
0 Announcement 0 Presentation r-::::; ..,~
0 City Manager's Report (~l ::.,..
- j~~
RECOMMENDATION: Please place this request on the May 16, 2006 City Commission Agenda under Legal,
Ordinance - Second Reading. The City Commission approved the subject request under Public Hearing and Legal,
Ordinance - First Reading on May 2. 2006. For further details pertaining to the request, see attached Department
Memorandrun No. 06-070.
EXPLANATION:
PROJECT,
OWNER,
LOCATION:
DESCRIPTION:
Seacrest High Density Residential (LUAR 06-015)
City Initiated
West side of Sea crest Boulevard north ofNW 6'" Avenue
Request to amend the Comprehensive Plan Future Land Use Map from Local Retail
Commercial (LRC) to High Density Residential (HDR).
Proposed use:
No change proposed
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
N/A
N/A
N/A
~
Developme epa City Manager's Signature
P~~..,!nd~n~~r City Attorney I Finance I Human Resources
S:\Planning\SHARED\WP\PROJECTS\Seacrest Rezoning\Agenda Item Request Seacrest High Density Res LUAR 06-015 Amend 5.16-06.dot
S:\BULLETINIEORMSIAGENDA ITEM REQUEST FORM. DOC
1 ORDINANCE NO. 06- 0<1-0
2
3 AN ORDINANCE OF TIlE CITY OF BOYNTON
4 BEACH, :FLORIDA, AMENDING ORDINANCE 89-38
5 BY AMENDING THE FUTURE LAND USE ELEMENT
6 OF THE COMPREHENSIVE PLAN FOR A PARCEL
7 OWNED BY BOYNTON BEACH INVESTORS, LLC
8 AND PETER BOYNTON TERRACE, LLC, AND
9 LOCATED ON THE WEST SIDE OF SEACREST
10 BOULEVARD NORTH OF NORTHWEST 6TII
11 AVENUE; CHANGING THE LAND USE
12 DESIGNATION FROM LOCAL RETAIL
13 COMMERCIAL (LRC) TO HIGH DENSITY
14 RESIDENTIAL (HDR); PROVIDING FOR CONFLICTS,
15 SEVERABILITY, AND AN EFFECTIVE DATE.
16
17 WHEREAS, the City Commission ofthe City of Boynton Beach, Florida has adopted
18 a Comprehensive Future Land Use Plan and as part of said Plan a Future Land Use Element
19 pursuant to Ordinance No. 89-38 ;md in accordance with the Local Govemment
20 Comprehensive Planning Act; and
21 WHEREAS, the procedure for amendment of a Future Land Use Element of a
22 Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and
23 WHEREAS, after two (2) public hearings the City Commission acting in its dual
24 capacity as Local Planning Ageney and City Commission tinds that the amendment
25 hereinafter set forth is consistent with the City's adopted Comprehensive Plan and deems it in
26 the best interest of the inhabitants of said City to amend the aforesaid Element of the
27 Comprehensive Plan as provided.
28 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OFTHE
29 CITY OF BOYNTON BEACH, FLORIDA, TIlAT:
30
Section 1:
The foregoing WHEREAS clauses are true and correct and
31 incorporated herein by this reference.
s: \CA \Ordinances\Planning\I,and Use \Sf'aCreSl High 06 U 1:> _ doc
1
Section 2:
Ordinance No. 89-38 of the City is hereby amended to reflect the
2
following:
3
That the Future Land Use ofthe following described land located on the W cst side of
4
Seacrest Boulevard North of Northwest 6th A venue in Boynton Beach, Florida shall be
5
changed from Local Retail Commercial (LRC) and shall now be designated as High Density
6
Residential (HDR):
7
8
9
10
11
12
13
14
15
See Attached Exhibit "A"
Containing: 0.55 acres more or less.
Subject to casements, restrictions. reservation and rights of way ofrecord.
Section 3:
That any maps adopted in accordance with the Future Land Use Element of
16
the Future Land Use Plan shall be amended accordingly.
17
Section 4:
All ordinances or parts of ordinances in conflict herewith are hereby
1 8 repeal ed.
19
Section 5:
Should any section or provision ofthis Ordinance or any portion thereofbe
20 declared by a court of competent jurisdiction to be invalid. such decision shall not affect the
21 remainder of this Ordinance.
22
Section 6:
This Ordinance shall take effect on adoption, subject to the review,
23 challenge, or appeal provisions provided by the Florida Local Government Comprehensive
24 Planning and Land Development Regulation Act. No party shall be vested of any right by virtue
25 of the adoption of this Ordinance until all statutory required review is complete and all legal
26 challenges, including appeals, are exhausted. In the event that the effective date is established by
27 state law or special act, the provisions of state act shall control.
S,\CA\Ordinances\Planning\Land Use\Seacrest High 06 015.doc
1
FIRST READING thisJ___ day of M~-1---' 2006.
2
SECOND, FINAL READING and PASSAGE this
,2006.
day of
3
CITY OF BOYNTON BEACH, FLORIDA
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
ATTEST:
City Clerk
(Corporate Seal)
S;\CA\Ordinanccs\planning\Land use\Seacrcst H.Lgh O{, 01'_, doc
EXHIBIT "A"
LOT 130 AND THE NORTH 1/2 OF ABANDONED NW 7TH COURT LYING
SOUTHERLY AND ADJACENT TO LOTS 132 AND 133, AND LOT 131, BLOCK C,
PLAT OF BOYNTON HILLS, ACCORDING TO THE PLAT THEREOF ON FILE IN
THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM
BEACH COUNTY, FLORIDA, RECORDED IN PLAT BOOK 4. PAGE 51; SAID
LANDS SITUATE LYING AND BEING IN PALM BEACH COUNTY. FLORIDA.
TO:
FROM:
THROUGH:
DATE:
PROJECT NAME/NUMBER:
REQUEST:
Property Owner(s):
Applicant! Agent:
Location:
Parcel Size:
Existing Land Use:
Existing Zoning:
Proposed Land Use:
Proposed Zoning:
Proposed Use:
DEVELOPMENT DEPARTMENT
PLANNING 8t ZONING DMSION
MEMORANDUM NO. PZ 06-070
Chair and Members
Community Redevelopment Agency Board and
Mayor and City Commission
Hanna Matras, Plan~~
Michael W. Rumpf
Director of Planning and Zoning
April 3, 2006
Seacrest High Density Residential/LUAR 06-015
Amend the Future Land Use designation from Local Retail
Commercial to High Density Residential, and
Rezone the property from C-2 Neighborhood Commercial to R-3
Multi-Family Residential
PROJECT DESCRIPTION
Boynton Beach Investors, LLC
Peter Boynton Terrace, LLC
City of Boynton Beach
West side of Seacrest Boulevard north of NW 6th Avenue (Exhibit
"A'')
0.55 acres
Local Retail Commercial
C-2 Neighborhood Commercial
High Density Residential
R-3 Multi-Family Residential
Multi-family residential development
Page 2
File Number: LUAR 06.015
Seacrest High Density Residential
Adjacent Uses:
North:
Vacant property with an approved site plan for townhouse
development designated High Density Residential (HDR) and zoned
R-3 Multi-family Development
To the south, right-of-way of NW 6th Avenue then property
designated Local Retail Commercial and zoned C-2 Neighborhood
Commercial, the subject of a companion land use amendment and
rezoning
South :
To the southwest, developed single-family home designated Local
Retail Commercial and zoned C-2 Neighborhood Commercial, also
the subject of a companion land use amendment and rezoning
East:
Right-Of-way of Seacrest Boulevard then vacant property designated
High Density Residential and zoned R-3 MUlti-family Residential
(formerly the site of Boynton Terrace)
West:
To the southwest, developed single-family home designated Local
Retail Commercial and zoned C-2 Neighborhood Commercial, also
the subject of a companion land use amendment and rezoning
To the northwest, vacant property with an approved site plan for
townhouse development designated High Density Residential (HDR)
and zoned R-3 Multi-family Development
EXECUTIVE SUMMARY
Staff recommends approval of the requested land use amendment and rezoning for the following
reasons:
1. The future land use amendment is consistent with cited policies in the City's
Comprehensive Plan;
2. The requested land use amendment and rezoning meet or exceed the criteria for review,
as required In the Land Development Regulations; and,
3. The proposed redevelopment plan is consistent with the vision and recommendations of
the Heart of Bovnton Communitv Redevelooment Plan.
Page 3
File Number: LUAR 06-015
Sea crest High Density Residential
PROJECT ANALYSIS
The parcels, which are the subject of this land use amendment, total 0.55 acre. Because of the
size of the property under consideration, the Florida Department of Community Affairs classifies
this amendment as a "small scale" amendment. A "small-scale" amendment is adopted prior to
forwarding to the Florida Department of Community Affairs and is not reviewed for compliance
with the state, regional and local comprehensive plans prior to adoption.
The criteria used to review Comprehensive Plan amendments and rezonings are listed in the
Land Development Regulations, Chapter 2, Section 9, Administration and Enforcement, Item C.
Comprehensive Plan Amendments: Rezonings. These criteria are required to be part of a staff
analysis when the proposed change includes an amendment to the Comprehensive Plan Future
Land Use Map.
a. Whether the proposed rezoning would be consistent with applicable comprehensive
plan policies induding but not limited to, a prohibition against any increase in
dwelling unit density exceeding 50 in the hurricane evacuation zone without written
approval of the Palm Beach County Emergency Planning Division and the City's risk
manager. The planning department shall also recommend limitations or requirements,
which would have to be imposed on subsequent development of the property, in
order to comply with policies contained in the comprehensive plan.
Three policies contained in the Future Land Use Element speak directly to the proposed
amendment. Policy 1.13.4 requires, in part, that:
"(The Oty shall) Demonstrate, in all future development and redevelopment in the City,
land use patterns that are non-strip in nature. . .";
Policy 1.19.7 states:
"The City shall continue to change the land use and zoning to permit only residential or
other non-commercial uses in areas where the demand for commercial uses will not
increase, particularly in the Coastal Area."; and,
Policy 1.17.5 states:
"The City shall continue to maintain and improve the character of existing Single-family
and lower-density neighborhoods, by preventing conversions to higher densities, except
when consistent with adjacent land uses. . ."
The subject parcels, lying along the west side of Seacrest Boulevard, have a shallow depth of
only one lot and form a strip of commercially-designated land. The size of the individual parcels
make the redevelopment of them with commercial uses problematic, even with the recent
amendments to the land development regulations that provide for reduced setbacks. The land
has had a commercial designation at least since adoption of the "1989 City of Boynton Beach
Page 4
File Number: LUAR 06-015
Seacrest High Density Residential
Comprehensive Plan". If there was a demand for their use under this designation or if site
development was feasible, redevelopment would have occurred.
The properties are vacant; however, on the north and northwest they are adjacent to lands
zoned for multi-family residential development which has an approved site plan for a townhouse
community. If the designation for commercial uses remains on the property, it creates a small
and isolated pocket of incompatibility.
While the "Heart of Bovnton Communitv Redevelooment Plan", adopted by the City on December
4, 2001, recommended that these commercially-designated parcels, along with the remaining
commercially-zoned lots to the south, be redesignated for single-family use, the requested
changes would be more compatible with the surrounding multi-family development, as permitted
under Policy 1.17.5.
b. Whether the proposed rezoning would be contrary to the established land use
pattem, or would create an isolated district unrelated to adjacent and nearby
distJicts, or would constitute a grant of Special privilege to an individual property
owner as contrasted with the protection of the public welfare.
The proposed rezoning would be consistent with the adjacent lands to the north and northwest
that are zoned for multi-family residential development; therefore, the proposed change would
serve to remove an isolated pocket of commercially-designated land that would be intrusive, if
developed with commerCial uses.
c. Whether changed or changing conditions make the proposed rezoning desirable.
While the "Heart of Bovnton Communitv Redevelooment Plan", adopted by the City of Boynton
Beach on December 4, 2001 recommended a land use amendment and rezoning to allow single-
family development, the existence of the adjacent mUlti-family zoning and approved site plan
(which land was also to have been reaoned for single family homes) serve to make the proposed
designation of this property more compatible. The City's need for additional opportunities for
work-force housing, which could be provided on this property, makes the proposed changes
desirable.
d. Whether the proposed use would be compatible with utility systems, roadways, and
other public fadlities.
The Utilities Department has indicated that adequate capacity exists to provide water and sewer
services to the property. The property Is located within both the Oty's adopted Transportation
Concurrency Exception Area and Palm Beach County's Coastal Residential Exemption Area;
therefore, the requirements for meeting traffic concurrency are waived. With respect to solid
waste, the Palm Beach County Solid Waste Authority has stated that adequate capacity exists to
accommodate the county's municipalities throughout the lo-year planning period. The School
District of Palm Beach County has reviewed the application and has determined that adequate
capacity exists to accommodate the resident population. Lastly, drainage will also be reviewed
Page 5
File Number: LUAR 06-015
Sea crest High Density Residential
in detail as part of the review of the site plan approval, and must satisfy all requirements of the
city and local drainage permitting authorities.
e. Whether the proposed rezoning would be compatible with the current and future use
of adjacent and nearby properties, or would affect the property values of adjacent or
nearby properties.
As discussed under "Item c." above, the proposed rezoning would be consistent with the
adjacent lands to the north and northwest, which are also designated High Density Residential
and zoned R-3 Multi-family Residential.
f. Whether the property is physically and economically developable under the existing
zoning.
As discussed under "Item a." above, the small size of the individual parcels makes development
under the existing zoning problematic, and there is no indication that additional commercial
development in this area would be economically feasible.
g. Whether the proposed rezoning is of a scale which is reasonably related to the needs
of the neighborhood and the city as a whole.
"The Heart of Bovnton Communi tv Redevelooment Plan"was developed through a process that
invited full participation by the residents of the area. The residents saw the existing commercial
designation as something that did not meet their needs and requested the change to single-
family residential designation; however, staff opines that the requested designation for Multi-
family Residential development would be more compatible with the immediately adjacent
designations. In addition, there is a growing and demonstrated need for work-force housing in
the City, which could be provided on this property.
h. Whether there are adequate sites elsewhere in the dty for the proposed use, in
districts where such use is already allowed.
There are sites elsewhere in the city for multi-family housing, just as there are also existing sites
for neighborhood commercial uses; however, the proposed land use amendment and rezoning
will replace an incompatible commercial strip with compatible multi-family residential uses.
CONCLUSIONS/RECOMMENDATIONS
As indicated herein, this request is consistent with the intent of the Comprehensive Plan; will not
create additional impacts on infrastructure that cannot be accommodated within existing
capacities; will be compatible with adjacent land uses and will contribute to the overall economic
development of the City. Therefore, staff recommends:
1. That the City Commission, acting as the Local Planning Agency, find the proposed
amendments consistent with the Comprehensive Plan;
SEACREST BOULEVARD
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LUAR 06 - 015
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
XII. - LEGAL
DEVELOPMENT
ITEM A.4
Requested City Commission
Meet!"!! Dates
Date Final Form Must be Turned
in to City Clerk's Office
Requested City Commission
Meetim~ Dates
Date Final Form Must be Turned
in to City Clerk's Office
0 April 4, 2006
0 April 18,2006
0 May 2, 2006
[gJ May 16, 2006
March 20, 2006 (Noon.)
o June 6, 2006
o June 20. 2006
o
o
May] 5, 2006 (Noon)
April 3, 2006 (Noon)
June 5, 2006 (Noon)
April 17, 2006 (Noon)
NATURE OF
AGENDA ITEM
o Administrative
o Consent Agenda
o Public Hearing
o Bids
o Announcement
o City Manager's Report
July 5, 2006 June 19, 2006 (Noon) , ""-f
:
July] 8, 2006 July 3, 2006 (Noon) _._,
I
C_\
0 Development Plans -',
0 New Business rv "
~-r~J
[gJ Legal -~..-:-rq
.~ . )l>
0 Unfinished Business ,-,
0 Presentation
May 1,2006 (Noon)
RECOMMENDATION: Please place this request on the May 16, 2006 City Commission Agenda under Legal,
Ordinance - Second Reading. The City Commission approved the subject request under Public Hearing and Legal,
Ordinance - First Reading on May 2, 2006. For further details pertaining to the request, see attached Department
Memorandum No. 06-070.
EXPLANATION:
PROJECT:
OWNER:
LOCATION:
DESCRIPTION:
Seacrest High Density Residential (LUAR 06-015)
City Initiated
West side of Sea crest Boulevard north ofNW 6th Avenue
Request to rezone from C-2 Neighborhood Connnercial to R-3 Multi-Family Residential.
Proposed use:
No change proposed
PROGRAM IMPACT: N/A
FISCAL IMPACT: N/A
ALTERNATIVES: N/A
n""""M~
JdL
-
City Manager's Signature
Planning and 20 irector City Attorney / Finance / Human Resources
S:\Planning\SHARED\WP\PROJEC S\Seacrest Rezoning\Agenda Item Request Seacrcst High Density Res LUAR 06-015 Rezone 5-16-06.dot
S:\BULLETrN\fURMS\A.GENDA ITEM REQUEST FOJU..1.DOC
] ORDINANCE NO. 06- DYI
2
3 AN ORDINANCE OF THE CITY 0);' BOYNTON
4 BEACH, FLORIDA, REGARDING THE
5 APPLICATION OF CITY OF BOYNTON BEACH,
6 AMENDING ORDINANCE 02-013 TO REZONE A
7 PARn:L OF LAND LOCATED ON THE WEST
8 SIDE OF SEA CREST BOULEVARD NORTH OF
9 NORTHWEST 6TII AVENUE, AS MORE FULLY
10 DESCRIBED HEREIN, FROM NEIGHBORHOOD
11 COMMERCIAL (C-2) TO MULTI-FAMILY
12 RESIDENTIAL (R-3); PROVIDING FOR
13 CONFLICTS, SEVERABILITY, AND AN
14 EFFECTIVE DATE.
15
16 WHEREAS, the City Commission of the City of Boynton Beach, Florida has
] 7 adopted Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City;
1 8 and
19 WHEREAS, various owners of the property located on the West side of Seacrest
20 Boulevard North of Northwest 6lh Avenue in Boynton Beach, Florida, as more particularly
21 described herein. has filed a Petition, through its agent, City of Boynton Beach, pursuant to
22 Section <) of Appendix A-Zoning, of the Code of Ordinances, City of Boynton Beach.
23 Florida, for the purpose of rezoning a parcel of land, said land being more particularly
24 described hereinafter, from Neighborhood Commercial (C-2) to Multi-Family Residential (R-
25 3); and
26 WHEREAS, the City Commission conducted a public hearing and heard testimony
27 and received evidence which the Commission llnds supports a rezoning for the property
28 hereinafter described; and
29 WHEREAS, the City Commission finds that the proposed rezoning is consistent with
30 an amendment to the Land Use which was contemporaneously considered and approved at
S:\(:A \()rJin~nccs\l'lanning\Rezoning\Rezoning Seacrest (II igh ).doc
1 the public hearing heretofore referenced; and
2 WHEREAS, the City Commission deems it in the best interests of the inhabitants of
3 said City to amend the aforesaid Revised Zoning Map as hereinafter set forth.
4 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
5 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section I.
The foregoing Whereas clauses are true and correct and incorporated
6
7 herein by this reference.
8
Section 2.
The following described land located on the West side of Seacrest
9 Boulevard North of Northwest 6th Avenue in the City of Boynton Beach, Florida. as set forth
10 as follows:
11 See attached Exhibit "A"
12
13 Containing: 0.55 acres more or less.
14
15 Subject to easements, restrictions, reservations and rights-of-way of
16 record.
17
18 be and the same is hereby rezoned from Neighborhood Commercial (C-2) to Multi-Family
19 Residential (R-3). A location map is attached hereto as Exhibit "B" and made a part of this
2 0 Ordinance by reference.
21 Section 3. That the aforesaid Revised Zoning Map of the City shall be amended
2 2 accordingly.
23
Section 4. All ordinances or parts of ordinances m conflict herewith arc hereby
24 repealed.
25 Section 5. Should any section or provision of this Ordinance or any portion thereof
26 be declared by a court of competent jurisdiction to be invalid. such decision shall not affect
27 the remainder of this Ordinance.
S:\CA IOrdinances\PJanning\Rezoning\Rezoning _ Seacrcst (Iligh).doc
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1
~ection 6. This ordinance shall become effective immediately upon passage.
2
FIRST READING this ~_ day of .__~--' 2006.
SECOND, FINAL READING and PASSAGE this _ _ day of ____
.2006.
3
4
CITY OF BOYNTON BEACH. FLORIDA
5
Mayor
Vice Mayor
----.------'---..- --------- -------
Commissioner
Commissioner
ATTEST:
Commissioner
---.-.---- ----~_...._---
City Clerk
(Corporate Seal)
S:\('A\Ordinam;es\Planning\Re7oning\f{czonin~ - Scacresl (Iligh).doc
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TO:
FROM:
THROUGH:
DATE:
PROJECT NAME/NUMBER:
REQUEST:
Property Owner(s):
Applicant! Agent:
Location:
Parcel Size:
Existing Land Use:
Existing Zoning:
Proposed Land Use:
Proposed Zoning:
Proposed Use:
DEVELOPMENT DEPARTMENT
PLANNING & ZONING DMSION
MEMORANDUM NO. PZ 06-070
Chair and Members
Community Redevelopment Agency Board and
Mayor and City Commission
Hanna Matras, Plan~~
Michael W. Rumpf
Director of Planning and Zoning
April 3, 2006
Seacrest High Density Residential/LUAR 06-015
Amend the Future Land Use designation from Local Retail
Commercial to High Density Residential, and
Rezone the property from C-2 Neighborhood Commercial to R-3
Multi-Family Residential
PROJECf DESCRIPTION
Boynton Beach Investors, LLC
Peter Boynton Terrace, LLC
City of Boynton Beach
West side of Seacrest Boulevard north of NW 6th Avenue (Exhibit
"A")
0.55 acres
Local Retail Commercial
C-2 Neighborhood Commercial
High Density Residential
R-3 Multi-Family Residential
Multi-family residential development
Page 2
File Number: LUAR 06-015
Seacrest High Density Residential
Adjacent Uses:
North:
Vacant property with an approved site plan for townhouse
development designated High Density Residential (HDR) and zoned
R-3 MUlti-family Development
To the south, right-of-way of NW 6th Avenue then property
designated Local Retail Commercial and zoned C-2 Neighborhood
Commercial, the subject of a companion land use amendment and
rezoning
South:
To the southwest, developed single-family home designated Local
Retail Commercial and zoned C-2 Neighborhood Commercial, also
the subject of a companion land use amendment and rezoning
East:
Right-of-way of Seacrest Boulevard then vacant property designated
High Density Residential and zoned R-3 MUlti-family Residential
(formerly the site of Boynton Terrace)
West:
To the southwest, developed single-family home designated Local
Retail Commercial and zoned C-2 Neighborhood Commercial, also
the subject of a companion land use amendment and rezoning
To the northwest, vacant property with an approved site plan for
townhouse development designated High Density Residential (HDR)
and zoned R-3 MUlti-family Development
EXECUTIVE SUMMARY
Staff recommends approvai of the requested land use amendment and rezoning for the following
reasons:
1. The future land use amendment Is consistent with cited poliCies in the City's
Comprehensive Plan;
2. The requested land use amendment and rezoning meet or exceed the criteria for review,
as required in the Land Development Regulations; and,
3. The proposed redevelopment plan is consistent with the vision and recommendations of
the Heart of Bovnton Communitv Redevelooment Plan.
Page 3
File Number: LUAR 06-015
Seacrest High Density Residential
PROJECT ANALYSIS
The parcels, which are the subject of this land use amendment, total 0.55 acre. Because of the
size of the property under consideration, the Florida Department of Community Affairs classifies
this amendment as a "small scale" amendment. A "small-scale" amendment is adopted prior to
forwarding to the Florida Department of Community Affairs and Is not reviewed for compliance
with the state, regional and local comprehensive plans prior to adoption.
The criteria used to review Comprehensive Plan amendments and rezonlngs are listed in the
Land Development Regulations, Chapter 2, Section 9, Administration and Enforcement, Item C.
Comprehensive Plan Amendments: Rezonlngs. These criteria are required to be part of a staff
anaiysis when the proposed change includes an amendment to the Comprehensive Plan Future
Land Use Map.
a. Whether the proposed rezoning would be consistent with applicable comprehensive
plan policies induding but not limited to, a prohibition against any increase in
dwelling unit density exceeding 50 in the hurricane evacuation zone without written
approval of the Palm Beach County Emergency Planning Division and the City's risk
manager. The planning department shall also recommend limitations or requirements,
which would have to be imposed on subsequent development of the property, in
order to comply with policies contained in the comprehensive plan.
Three policies contained in the Future Land Use Element speak directly to the proposed
amendment. Policy 1.13.4 requires, in part, that:
"(The City shall) Demonstrate, in all future development and redevelopment in the City,
land use patterns that are non-strip in nature. . .";
Policy 1.19.7 states:
nThe Oty shall continue to change the land use and zoning to permit only residential or
other non-commercial uses in areas where the demand for commercial uses will not
increase, particularly in the Coastal Area."; and,
Policy 1.17.5 states:
"The City shall continue to maintain and improve the character of existing single-family
and lower-density neighborhoods, by preventing conversions to higher densities, except
when consistent with adjacent iand uses. . :'
The subject parcels, lying along the west side of Seacrest Boulevard, have a shallow depth of
only one lot and form a strip of commercially-designated land. The size of the individual parcels
make the redevelopment of them with commercial uses problematic, even with the recent
amendments to the land development regulations that provide for reduced setbacks. The land
has had a commercial designation at least since adoption of the "1989 Oty of Boynton Beach
Page 4
File Number: LUAR 06-015
Seacrest High Density Residential
Comprehensive Plan". If there was a demand for their use under this designation or if site
development was feasible, redevelopment would have occurred.
The properties are vacant; however, on the north and northwest they are adjacent to lands
zoned for multi-family residential development which has an approved site plan for a townhouse
community. If the designation for commercial uses remains on the property, It creates a small
and isolated pocket of incompatibility.
While the "Heart of Bovnton Communitv Redeve/ooment Plan", adopted by the City on December
4, 2001, recommended that these commercially-designated parcels, along with the remaining
commercially-zoned lots to the south, be redesignated for single-family use, the requested
changes would be more compatible with the surrounding mUlti-family development, as permitted
under Policy 1.17.5.
b. Whether the Proposed rezoning would be contrary to the established land use
pattem, or would create an isolated distJict unrelated to adjacent and nearby
districts, or would constitute a grant of special privilege to an individual property
owner as contrasted with the protection of the public welfare.
The proposed rezoning would be consistent with the adjacent lands to the north and northwest
that are zoned for multi-family residential development; therefore, the proposed change would
serve to remove an isolated pocket of commercially-designated land that would be intrusive, if
developed with commercial uses.
c. Whether changed or changing conditions make the proposed rezoning desirable.
While the "Heart of Bovnton Communitv Redevelooment Plan", adopted by the City of Boynton
Beach on December 4, 2001 recommended a land use amendment and rezoning to allow single-
family development, the existence of the adjacent multi-family zoning and approved site plan
(which land was also to have been reaoned for single family homes) serve to make the proposed
designation of this property more compatible. The Oty's need for additional opportunities for
work-force housing, which could be provided on this property, makes the proposed changes
desirable.
d. Whether the proposed use would be compatible with utility systems, roadways, and
other publiC fadlities.
The Utilities Department has indicated that adequate capacity exists to provide water and sewer
services to the property. The property is located within both the Oty's adopted Transportation
Concunrency Exception Area and Palm Beach County's Coastal Residential exemption Area;
therefore, the requirements for meeting traffic concunrency are waived. With respect to solid
waste, the Palm Beach County Solid Waste Authority has stated that adequate capacity exists to
accommodate the county's municipalities throughout the lo-year planning period. The School
Disbict of Palm Beach County has reviewed the application and has determined that adequate
capacity exists to accommodate the resident population. Lastly, draInage will also be reviewed
Page 5
File Number: LUAR 06-015
Seacrest High Density Residential
in detail as part of the review of the site plan approval, and must satisfy all requirements of the
city and local drainage permitting authorities.
e. . Whether the proposed rezoning would be compatible with the current and future use
of adjacent and nearby properties, or would affect the property values of adjacent or
nearby properties.
As discussed under "Item c." above, the proposed rezoning would be consistent with the
adjacent lands to the north and northwest, which are also designated High Density Residential
and zoned R-3 Multi-family Residential.
f. Whether the property is physically and economically developable under the existing
zoning.
As discussed under "Item a." above, the small size of the individual parcels makes development
under the existing zoning problematic, and there is no indication that additional commercial
development in this area would be economically feasible.
g. Whether the proposed rezoning is of a scale which is reasonably related to the needs
of the neighborhood and the city as a whole.
"The Heart of Bovnton Communitv Redevelooment Plan "was developed through a process that
invited full participation by the residents of the area. The residents saw the existing commercial
designation as something that did not meet their needs and requested the change to single-
family residential designation; however, staff opines that the requested designation for Multi-
family Residential development would be more compatible with the immediately adjacent
designations. In addition, there is a growing and demonstrated need for work-force housing in
the City, which could be provided on this property.
h. Whether there are adequate sites elsewhere in the city for the proposed use, in
districts where such use is already allowed.
There are sites elsewhere in the city for multi-family housing, just as there are also existing sites
for neighborhood commercial uses; however, the proposed land use amendment and rezoning
will replace an incompatible commercial strip with compatible multi-family residential uses.
CONCLUSIONS/RECOMMENDATIONS
As indicated herein, this request is consistent with the intent of the Comprehensive Plan; will not
create additional impacts on infrastructure that cannot be accommodated within existing
capacities; will be compatible with adjacent land uses and will contribute to the overall economic
development of the City. Therefore, staff recommends:
1. That the City Commission, acting as the Local Planning Agency, find the proposed
amendments consistent with the Comprehensive Plan;
SEACREST BOULEVARD
LUAR 06 - 014
LUAR 06 - 015
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
XII. - LEGAL
DEVELOPMENT
ITEM A.S
Requested City Commission
Meetine Dates
Date Final Form Must be Turned
in to City Clerk's Office
Requested City Commission
Meetinr! Dates
Date Final Form Must be Turned
in to Citv Clerk's Office
0 April 4, 2006
0 April 1 8. 2006
0 May 2, 2006
[8J May] 6,2006
March 20, 2006 (Noon.)
o June 6, 2006
o June 20, 2006
o July 5, 2006
o July 18,2006
May 15, 2006 (Noon)
April 3, 2006 (Noon)
June 5, 2006 (Noon)
April J7, 2006 (Noon)
June 19,2006 (Noon)
May 1,2006 (Noon)
July 3, 2006 (Noon)
NATURE OF
AGENDA ITEM
o
o
o
o
o
o
Administrative
Consent Agenda
Public Hearing
Bids
o Development Plans
o New Business
[8J Legal
o Unfinished Business
o Presentation
,
(.)
'~_.~
Announcement
1~,?
-,~ ,.,..
;--~S';
City Manager's Report
RECOMMENDATION: Please place this request on the May 16, 2006 City COnmllssion Agenda under
Legal. Ordinance - Second Reading. The City COnmllssion approved the subject request under Public Hearing and Legal,
Ordinance - First Reading on May 2, 2006. For further details pertaining to the request. see attached Department
Memorandum No. 06-06 I.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Harbor Cay (LUAR 06-009)
Robert K. Brooks, Jr.. RKB Architects Planners, Inc.
Harbor Cay, LLC ,.
East side of Federal Highway approximately 160 feet north of Gateway Boulevard
Request to amend the Comprehensive Plan Future Land Use Map from Local Retail
Commercial (LRC) and Low Density Residential (LDR) to Special High Density
Residential (SHDR).
Proposed use:
23 fee-simple townhouse units
PROGRAM IMPACT:
FISCAL IMPACT:
AL TERNA TlVES:
J~
City Manager's Signature
Develop nt Dep rtrnent Director
2,(^(~-?
Planning and 20 g Director City Attorney I Finance I Human Resources
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ORDINANCE NO. 06- Ot./a..
6
AN ORDINANCE OF THE CITY OF BOYNTON
BEACH, FLORIDA, AMENDING ORDINANCE 89-38
BY AMENDING HIE FUTURE LAND USE ELEMENT
OF TH~: COMPREHENSIVE PLAN FOR A PARCEL
OWNED BY HARBOR CA Y, LLC, AND LOCATED ON
THE EAST SIDE OF FEDERAL HIGHWAY,
APPROXIMATEL Y 160 FEET NORTH OF GATEWAY
BOULEV ARD; CHANGING THE LAND USE
DESIGNATION FROM LOCAL RETAIL
COMMERCIAL (LRC) AND LOW DENSITY
RESID~:NTlAL (LDR) TO SPECIAL HIGH DENSITY
R~~SID~:NTlAL (SHDR- 20 DUlAC); PROVIDING FOR
CONI<'L1CTS, S~:VERABIUTY, AND AN EFFECTIVE
DATE.
WHEREAS, thc City Commission ofthc City of Boynton Beach, Florida has adopted
19
a Comprehcnsivc Future Land Use Plan and as part of said Plan a Future Land Use Element
20
pursuant to Ordinance No. 89-38 and in accordance with the Local Government
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Comprehensive Planning Act; and
22
\VHEREAS, the procedure for amendment of a Future Land Use Element of a
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Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and
24
WHEREAS, after two (2) public hearings the City Commission acting in its dual
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capacity as Local Planning Agency and City Commission finds that the amendment
26
hereinafter set forth is consistent with the City's adopted Comprehensive Plan and deems it in
27
the best interest of the inhabitants of said City to amend the aforesaid Element of the
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Comprehensive Plan as provided.
29
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OFTHE
30
CITY OF BOYNTON BEACH, FLORIDA, THAT:
31
Section I: The foregoing WHEREAS clauses arc tme and correct and incorporated
s: \CA\Ordinances\pla.nninq\Land Ut;e\llarbor Cay Of} OO~) doc
1 herein by this reference.
2
Section 2:
Ordinance No. 89-38 of the City is hereby amended to reflect the
3 following:
4 That the Future Land Use of the following described land located on the East side of
5 Federal Highway, approximately 160 feet North of Gateway Boulevard in Boynton Beach,
6 Florida shall be changed from Local Retail Commercial (LRC) and Low Density Residential
7 (LDR) and shall now be designated as Special High Density Residential (SHDR __ 20 dulac):
8
9 A parcel ofland in Section] 5, Township 45 South, Range 43 East, City of
10 Boynton Beach, Palm Beach County, Florida, and being a part of Lots 2 and 3
11 of Sam Brown Jr's Hypo]uxo Subdivision according to the plat thereof, as
12 recorded in Plat Book I, Page 8]. Public Records of Palm Beach County,
13 F]orida. and being more particularly described as follows:
14
15 Begin at the intersection of the North line of said Lot 2 with the Easter]y
16 Right-of-Way line of State Road No.5 (U.S. # I) as said Right-of- Way is
17 shown on the plat recorded in Road Plat Book 3, Pages 11-17 of Palm Beach
18 County, Florida, and also shown on the Florida State Road Department Right-
19 of-Way Map Section No. 93010-2501, Sheet 3 of 7; thence S08'12'OO"E
2 0 along said East Right-of-Way line for 258.54 feet to a point on the South line
21 of said Lot 3; Thence S89'13'55"E along the South line of said Lot 3 for
2 2 273.65 leet: Thence NOO']4 '05"'E for 127.30 feet; Thence N89'45'55"W for
23 30.28 feet; Thence N04'23'20"E for 5.35 feet to a found iron pipe
2 4 approximately one foot below existing grade of the asphalt road for Lakeside
25 Harbor Drive, said pipe also being on the common lot line of said lots 2 and 3;
26 Thence continue N04'23 '20"E for] 24.27 feet to a point on the North line of
27 said Lot 2; Thence N89'13'55"'W along said North line of Lot 2 for 216.93
28 feet to the Point of Beginning.
29
30 Containing: 62,256 square feet or 1.429 acres more or less.
31
32 Subject to easements. restrictions, reservation and rights of way of record.
33
34
35 Section 3: That any maps adopted in accordance with the Future Land Use Element of the
36 Future Land Use Plan shall be amended accordingly.
37 Section 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed.
S:\CA\Ordinances\Planning\Land Use\Harbor Cay 06-009.doc
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Secti{1IL5: Should any section or provIsion of this Ordinance or any portion thereof be
2 declared by a court of competent jurisdiction to be invalid, such decision shall not afTeet the
3 remainder of this Ordinance.
4 Section 6: This Ordinance shall take effect on adoption, subject to the review, challenge,
5 or appeal provisions provided by the Florida T .oeal Government Comprehensive Planning and
6 Land Development Regulation Act. No party shall be vested of any right by virtue of the
7 adoption of this Ordinance until all statutory required review is complete and all legal challenges,
8 including appeals. are exhausted. In the event that the effective date is established by state law or
9 special act. the provisions of state act shall control.
FIRST READTNG this J- day of~ ,2006.
SECOND, FTNAL READING and PASSAGE Qis _ u_ day of
,2006.
CITY OF BOYNTON BEACH. FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
(~omI11issjoncr
ATTEST:
City Clerk
(Corporate Seal)
S,\CI~\Ordinancer;\t-'lanning\l,i'lnd Use\Harbor Cay 0(; 00') duc
DEVELOPMENT DEPARTMENT
PLANNING &. ZONING DMSION
MEMORANOUM NO. PZ 06-061
TO:
Chair and Members
Community Redevelopment Agency Board and
Mayor and City Commission
THROUGH:
Michael W. Rumpf
Director of Planning and Zoning
Eric Lee Johnson, AICP ~
Planner U
FROM:
DATE:
April 6, 2006
PROJECT
NAME/NUMBER:
REQUEST:
Harbor Cay
LUAR - 06-009
Amend the future land use designation from Local Retail Commercial
(LRC) and Low Density Residential (LOR) to Special High Density
Residential (SHDR); and to rezone the property from (C-3) Community
Commercial to (IPUD) Infill Planned Unit Development.
PROJECT DESCRIPTION
Property Owner: Harbor Cay, LLC
Applicant: Harbor Cay, LLC
Agent: Mr. Richard K. Brooks Jr., AIA, NCARB
Location: On the east side of Federal Highway, approximately 160 feet north of
Gateway Boulevard (Exhibit "Aft)
Existing Land Use: Local Retail Commercial (LRC) and Low Density Residential (LOR)
Existing Zoning: Community Commercial (C-3) and Single-family Residential (R-1-M)
Proposed Land Use: Special High Density Residential (SHDR - 20 du/ac)
Proposed Zoning:
Infill Planned Unit Development (IPUD)
Proposed Use:
23 fee-simple townhouse units at 16.09 dwelling units per acre
Acreage:
1.429 acres (62,256 square feet)
Page 2
File Number: LUAR 06-009
Name: Harbor Cay
Adjacent Uses:
North:
South:
East:
West:
To the north is developed multi-family residential property (Inlet Harbor
Club), classified Recreational (R) and High Density Residential (HDR) land
use and zoned Recreation (REC) and Multi-family Residential (R-3);
To the south is developed commercial property (Gateway Shell),
classified Local Retail Commercial (LRC) land use and zoned Community
Commercial (C-3); to the southeast Is developed single-family residential,
classified Low Density Residential (LOR) and zoned Single-family
Residential (R-1-AA);
To the east is developed and vacant single-family residential, classified
Low Density Residential (LDR) and zoned Single-family Residential (R-1-
AA); and
Right-of-way for Federal Highway, then farther west is right-of-way for
the Florida East Coast (FEe) railroad.
EXECUTIVE SUMMARY
Staff recommends approval of the requested land use amendment and rezoning for the
following reasons:
1. The proposed redevelopment is located in the Federal Highway Corridor Community
Redevelopment Plan Planning Area I, is consistent with the intent of the redevelopment
plan, and therefore meets the criteria for consideration of the land use amendment as
described in Policy 1.16.1 of the Future Land Use Element of the Comprehensive Plan;
2. The proposed residential use and accompanying site plan is consistent with the intent
and requirements of the IPUD zoning regulations when all staff comments are
incorporated into its design. The request is subject to satisfying selected conditions of
approval for the corresponding site plan;
3. The project would not create additional impacts on infrastructure that have not been
anticipated in the Comprehensive Plan; and
4. The proposed project will have a positive impact on values of adjacent property and will
contribute to the overall economic development of the City.
It should be noted that the accompanying site plan is deficient in terms of meeting the
minimum required setback along the south property line. Therefore, the plan does not
currently meet the requirements of the IPUD zoning and therefore causes the design to be
Incompatible with the adjacent properties. However, the required modifications would not
greatly Impact the overall design of the plan to meet all staffs comments Identified in Exhibit
"C" of the accompanying site plan staff report and requirements of the IPUD zoning district.
Page 3
File Number: LUAR 06-009
Name: Harbor Cay
PROJECf ANALYSIS
Chapter 163.3187, Florida Statutes states the requIrements for small-scale Comprehensive Plan
map amendments. The proposed amendment must Involve a use of fewer than 10 acres and a
residential use must have a density of 10 units or less in density, unless the subject property Is
located in an area designated for urban Infill, urban redevelopment, or .downtown revitalization.
The parcel, which is the subject of this land use amendment, totals 1.429 acres. The Proposed
density of the accompanying site plan would be 16.09 dwelling units per acre. Even though the
requested density is greater than 10 dwelling units / acre, It is located within a recognIzed
redevelopment area and therefore, qualifies as a "small scale" amendment. A "small-scale"
amendment is adopted prior to forwarding to the Florida Department of Community Affairs
(DCA) and is not reviewed for compliance with the state, regional, and local comprehensive
plans prior to adoption.
Master Plan I Site Plan Overview
The IPUD regulations are intended to be used In situations where new development or
redevelopment is Proposed withIn an already developed area or neighborhood located In the
Federal Highway Corridor Community Redevelopment Plan Planning Areas I and V. A mixture
of uses, including residential, retail commercial and office, may be allowed to the extent that no
land use conflicts would result and the basic intent of the Zoning Code and the Comprehensive
Plan would be followed. When the IPUD is to be developed in a single phase, the Site Plan for
that development may also represent the Master Plan. A request for Site Plan Approval is being
processed concurrent with this request for future land use map amendment and rezoning.
It is a basic public expectation that landowners requesting the use of the IPUD district would
develop design standards that exceed the basic development standards in terms of site design,
building architecture and construction materials, amenities and landscape design. The extent of
variance or exception to basic design standards, including but not limited to requirements for
parking spaces, parking lot and circulation design, and setbacks, would be dependent on how
well the project meets the above-stated design expectations.
The IPUD shall minimize adverse impacts on surrounding properties. The Oty is not obligated
to automatically approve the level of development intensity requested for the lPUD. Instead, it
is expected to approve only such level of intensity that Is appropriate for a particular location In
terms of land use compatibilities. The City may require, as a condition of approval, any
limitation condition, or design factor that will provide a reasonable transition to adjacent
development. In order to be approved, an IPUD project must be compatible with and preserve
the character of adjacent single-family residential neighborhoods. Furthermore, It must be an
enhancement to the overall local area and the city in general. Presentation of projects that fail
to do so would be denied. Each IPUD project Is independent and Is evaluated solely upon its
own merIts. The Inclusion of certaIn features In a previously approved IPUD project may not be
entertained as a valid argument for the inclusion of that same feature In any other IPUD project
if the Oty decides to reject those features. While the details of the proposed site plan are a
companion agenda item, a brief overview of the sIte plan Is Included below.
Page 4
File Number: LUAR 06-009
Name: Harbor Cay
Site Plan Analysis
The applicant is proposing to reclassify the land use designation from Local Retail Commercial
(LRC) and Low Density Residential (LDR) to Special High Density Residential (SHDR). The
SHDR land use category allows a maximum of 20 dwelling units per acre. The proposed
development contains 23 units for an overall density of 16.09 dwelling units per acre. The 23
units are proposed within six (6) separate buildings on the 1.429-acre site. Each building would
contain four (4) units, with the exception of one (1) building, which proposes three (3) units.
The floor plans propose three (3) models, ranging from 2,534 square feet to 2,599 square feet
of "total a/c area". All units would have two (2)-bedrooms and a bonus room that can be used
as a third bedroom.
The IPUD zoning district allows buildings to reach a maximum height of 45 feet. However, a
lesser building height could be imposed if compatibility with the adjacent properties would be in
jeopardy. The elevations show the buildings would be three (3) stories in height, the tallest of
which would be approximately 37 inches in height measured at the mid-point of the pitched
roof. The building identified as "Building 5" is proposed at the southeast corner of the property
and adjacent to an existing single-family detached home. The elevations of Building 5 show
that it would have a flat roof with a parapet wall that would be 30 feet in height. The building
was designed this way in an attempt to increase compatibility with the abutting single-family
residential properties. During the review process, staff recommended that the entire building
(or a portion of it) be two (2) stories In order to achieve a higher degree of compatibility
between the project and the existing one (l)-story single-family detached home on the abutting
properties. However, the applicant instead chose to design the building with a flat roof at three
(3) stories rather than heeding staff's recommendation to reduce it (or a portion) to two (2)
stories. While all buildings would comply with the 45-foot height limitation of the IPUD zoning
district, staff opines that the proposed height and setback of Building 5 would be incompatible
with that of the abutting single-family residence. Again, the Oty is not obligated to approve the
requested intensity and design of said development If compatibility with adjacent properties
becomes an issue.
The site plan shows that the project would have one (1) point of ingress / egress along Federal
Highway. Lakeside Harbor Drive, a private right-of-way, would cut through the center of the
subject property in order to provide perpetual access to the existing homes of the Sam Brown
Jr. Hypoluxo subdivision. The egress lane would provide right-turn <northbound) traffic
movements on Federal Highway. A landscape buffer would be provided along the east property
line. Trees are proposed along the perimeter of all property lines however, it should be noted
that the types of trees proposed within these areas are a function of the proposed building
setbacks. Buildings would be setback five (5) feet from the north, south, and west property
lines. Building 5, which abuts single-family residential zoning, would be setback 10 feet from
the south property line. The IPUD zoning district regulations r.equire the building setbacks
mirror the rear setback of the R-l-AA zoning district, which would be 20 feet. Therefore,
approval of the accompanying site plan is contingent upon modifying the plan to meet a staff
condition that requires Building 5 to be setback 20 feet from the south property line.
Page 5
File Number: LUAR 06-009
Name: . Harbor Cay
Review Based on Required Criteria
The criteria used to review Comprehensive Plan amendments and rezonings are listed In the
Land Development Regulations, Chapter 2, Section 9, Administration and Enforcement, Item C.
Comprehensive Plan Amendments: Rezonings. These criteria are required to be part of a staff
analysis when the proposed change includes an amendment to the Comprehensive Plan Future
Land Use Map.
a. Whether the Proposed rezoning would be consistent with applicable
comprehensive plan policies Including but not limited to, a prohibition against
any Increase In dwelling unit density exceeding 50 In the hurricane evacuation
zone without written approval of the Palm Beach County Emergency Planning
Division. and the City's risk manager. The planning department shall also
recommend limitations or reqUirements, which would have to be Imposed on
subsequent development of the property, in order to comply with policies
contained In the comprehensive plan.
The proposed 23-unit development would be replacing a defunct business, a single-family
detached house, and a vacant residential lot. As previously mentioned, the property is
designated with two (2) land use classifications, namely Local Retail Commercial (LRC) and Low
Density Residential (LOR). The LRC land use category would allow up to 10.8 dwelling units per
acre and the LOR category would allow up to 4.84 dwelling units per acre. The proposed land
use change to SHDR and concurrent rezoning to IPUD would be consistent with current
comprehensive plan policies to encourage infill development and redevelopment projects. The
SHDR land use category allows a maximum project density of 20 dwelling units per acre. This
would equate to a maximum of 28 dwelling units that can be developed on the property.
However, the accompanying site plan proposes a total of 23 dwelling units, equaling a project
density of 16.09 dwelling units per acre. Still, the comprehensive plan specifically addresses
projects proposing higher densities.
Policy 1.12.1
The Oty shall adopt and enforce regulations to require that all new
residential developments of more than 50 units, which are located In the
Hurricane Evacuation Zone, will provide continuing Information to
residents concerning hurricane evacuation and shelters through the
establishment of a homeowners' or residents' association.
The subject property is located In the hurricane evacuation zone. The site plan proposes less
than 50 units and therefore, meets the above referenced policy. Regardless, staff understands
that it is the applicant's Intent to develop the parCel with a townhouse community that will have
a functional homeowners' association. This aSSOciation would be able to provide continuing
Information to its residents.
The criterion for assigning the Special High Density Residential land use category is found in the
following Future Land Use Element policy.
Page 6
File Number: LUAR 06-009
Name: Harbor Cay
Policy 1.16.1
This land use category shall consist of redevelopment and infill residential
areas assigned to this land use category In the portion of the designated
Community Redevelopment Area identified as Planning Area I and
Planning Area V in the "Federal Highway Corridor Community
Redevelopment Plan", adopted on May 15, 2001.
The proposed project would be located in Planning Area I, as defined in the Federal Highway
Corridor Community Redevelopment Plan, and is therefore consistent with this portion of the
above-referenced policy. The Infill Planned Unit Development (IPUD) zoning district as set forth
by the City of Boynton Beach ("City'1 was created for the purpose of allowing flexibility to
accommodate infill and redevelopment on parcels less than five (5) acres in size, specifically
within Planning Areas I and V of the Federal Highway Corridor Community Redevelopment Plan.
The intent of the IPUD zoning district is to allow for a mixture of uses, induding residential, retail
commerdal, and office uses. Additionally, the IPUD zoning district was created to ensure
compatibility of infill redevelopment with adjacent existing single-family development, to clarify
setback requirements, and to provide standards for building design elements. The IPUD zoning
regulations state that "it is a basic public expectation that landowners requesting the use of the
IPUD district will develop design standards that exceed the basic development standards in
terms of site design, building architecture and construction materials, amenities and landscape
design". Additional expectations of the IPUD are to minimize adverse impacts on surrounding
property; to be compatible with and preserve the character of adjacent residential
neighborhoods; to be an'enhancement to the local area and the Oty in general; and, that it is
independent and will be evaluated solely on its own merits. The land Development Regulations
indicate that the planning department shall also recommend limitations or requirements, which
would have to be imposed on subsequent development of the property, In order to comply with
policies contained in the comprehensive plan. As previously mentioned, a condition of approval
in the accompanying site plan is to require an increased setback for Building 5 to 20 feet from
the south property line. Staff opines that the accompanying site plan can be easily modified to
comply with the code requirements and thereby meet the intent of the IPUD zoning district
regulations. However, it should be noted that if the site plan is not modified to comply with the
required setback, then the subject request would be inconsistent with the aforementioned
Comprehensive Plan policies. Furthermore, approval of the accompanying site plan as currently
designed would necessitate the approval of a zoning code variance. Generally, staff takes the
position that projects that do not appear to suffer from "traditional" hardships and still require a
zoning code variance simply do not meet the intent of the IPUD zoning district or any other
applicable regulations.
Other policies contained in the Comprehensive Plan that are applicable to this request include
the following:
Policy 1.19.1
The Oty shall continue efforts to encourage a fuli range of housing
choices, by allowing densities which can accommodate the approximate
number and type of dwellings for which the demand has been projected
in the Housing and Future Land Use Elements, induding the provision of
adequate sites for housing very-low, low-, and moderate income
households and for mobile homes;
Page 7
File Number: LUAR 06-009
Name: Harbor Cay
Policy 1.19.7
The Oty shall continue to change the land use and zoning to permit only
residential or other non-commercial uses In areas where the demand for
commercial uses wilt not Increase, particularly In the Coastal Area; and,
The requested land use amendment and rezoning are consistent with both policies since it
would remove the possibility that commercial-only types of development could be built on the
portion of the subject property designated with the LRC land use category. In addition, the
requested changes are consistent with the follOwing strategies for Planning Area I, as stated In
the Federal Highway Corridor Community Redevelopment Plan:
Encouraae a variety of housing Develop Intensity standards that allow for a variety of
housing styles and types at intensities that will assist In supporting the downtown area
and general economic expansion; and
Reauire a transition to the adiacent aatewav neiahborhoods Create development
standards In the city entrance communities that establish a logical transition to the
gateway communities. Building scale, massing, and placement should be less Intense
than that of the adjacent planning areas, but substantial enough to announce an arrival
in the Oty.
b. Whether the proposed rezoning would be contrary to the established land use
pattem, or would create an isolated district unrelated to adjacent and nearby
districts, or would constitute a grant of special privilege to an individual property
owner as contrasted with the protection of the pUblic welfare.
The requested land use amendment and rezoning would promote efficient use of the subject
property. The property's location within both the Community Redevelopment Area and
Planning Area I of the Federal Highway Corridor Community Redevelopment Plan suggests that
the requested increase in density is appropriate for the area. Townhouse projects and other
mUlti-family residential projects that meet the intent of the IPUD zoning district regulations
contribute towards the "critical mass" of residential uses needed to establish a healthy and
vibrant downtown retail center. Staff considers the requested land use category and rezoning
to be consistent and comparable with other townhouse projects recently approved within the
immediate vicinity. For example, The Harbors, which was approved in October of 2002, is a
townhouse project (located 220 feet to the south of the subject property) that was approved
with the SHDR land use classification to allow for the construction of 54 fee-simple townhouse
units at a project density of 16.82 dwelling units per acre. Another townhouse project located
approximately 1,100 feet to the north (The Peninsula) was approved in July of 2005 for 30
townhouse units and 40 condominium units at a density of over 19 dwelling units per aae. The
Seaview Park Oub, located south of the subject property, was approved with the SHDR land
use classification to allow the construction of 69 townhouse-style condominium units at a
density of 18.37 dwelling units per acre. Therefore, the requested density of this application
(16.09 dwelling units per acre) Is comparable to that of the aforementioned projects and is
consistent with the transition of uses recommended In the Federal Highway Corridor Community
Redevelopment Plan. The requested density Is also typical of the development pattern within
the coastal area, where there coexists a combination of both existing single-family
neighborhoods and mlJlti-family developments. Unfortunately, the height of each development
Page 8
File Number: LUAR 06-009
Name: Harbor Cay
varies greatly based upon the project type, often without consideration for compatibility.
However, the project's proposed building heights, with the Incorporation of all site plan
conditions, meets the intent of what staff envisioned when creating the SHDR land use
classification and IPUD zoning district. These types of land use and zoning changes, including
the subject request, are consistent with the City's redevelopment plans and would not grant
special privileges to an individual property owner as contrasted with the protection of the public
welfare. The requested amendment would not create an isolated or unrelated district and
would help to create a better transition to the residential neighborhood to the east.
c. Whether changed or changing conditions make the proposed rezoning desirable.
As previously mentioned, the subject property is currently developed but not up to Its highest
and best potential. The redevelopment of the site (with townhouse units) is desirable with
regards to beautification, economic benefit, as well. as for the purpose of removing older
structures from the coastal high hazard area. Also, the changing conditions make the proposed
land use amendment and rezoning desirable. The Federal Highway Corridor Community
Redevelopment Plan recommended the changes of zoning categories within Planning Area I in
order to create a desired appearance of a neighborhood which, being near to the downtown
core area is a gateway to the city. The recommendations were also aimed at promoting urban
infill by developing vacant lots and eliminating one-story strip commercial plazas and
automobile-oriented (i.e. drive-thru) types of uses. Any redevelopment activities in Planning
Area I consistent with the above objectives would support Increasing developers' Interest in the
downtown core area. The proposed rezoning to IPUD would maintain the residential character
of the area while providing an aesthetically pleasing living environment in close proximity to the
downtown. Furthermore, the accompanying site plan proposes townhouse units that are
designed with their front doors oriented towards Federal Highway, thereby engaging the public
space and thus creating a better sense of community, neighborhood, and gateway into Boynton
Beach.
d. Whether the proposed use would be compatible with utility systems, roadways,
and other public fadlities.
The applicant submitted a traffic impact statement and it was forwarded to the Palm Beach
County Traffic Division for their review and approval. The Traffic DMsion reported that the
proposed land use / zoning change meets the Traffic Performance Standards (TPS) of Palm
Beach. The project is expected to generate an average of 161 daily trips, with 16 peak hour
a.m. trips and 18 peak hour p.m. trips.
The City's water capacity, as increased through the purchase of up to 5 million gallons of potable
water per day from Palm Beach County UtIlities, would meet the projected potable water for this
project (project estimated to require a total of 9,900 gallons per day). Local piping and
Infrastructure improvements may be required, especially on the water delivery system for the
project, depending upon the final project configuration and fire-flow demands. These local
Improvements would be the responsibility of the site developer and would be reviewed at the
. time of permitting. Sufficient sanitary sewer and wastewater treatment capacity Is currently
available to serve the projected total of 4,500 gallons per day, subject to the applicant making a
firm reservation of capacity, following approval of the site plan.
Page 9
File Number: LUAR 06-009
Name: Harbor Cay
With respect to solid waste, the Palm Beach County Solid Waste Authority has stated that
adequate capacity exists to accommodate the county's municipalities throughout the lO-year
planning period.
As of today, the City has not yet received confirmation that the project meets the concurrency
requirements of the Palm Beach County School District. However, as evidenced by previously
approved IPUD townhouse projects, it appears that there would be enough school capacity
within the Immediate vicinity that could accommodate the expected number of resident children
generated by this request. In the near future, staff expects this confirmation from the School
District and is not overly concerned about formal action taken by the CRA or City Commission.
However, in no case shall the City approve the second reading of the Ordinance until the School
District confirms compliance with concurrency requirements (see Exhibit "B" - Conditions of
Approval).
e. Whether the proposed rezoning would be compatible with the current and
future use of adjacent and nearby properties, or would affect the property
values of adjacent or nearby properties.
The proposed land use amendment (to SHDR) and rezoning (to IPUD) would be generally
compatible with the current and future use of properties located to the north, south, east, and
west of the subject property in accordance with the vision for the corridor as represented by the
redevelopment plan.
As previously mentioned, the abutting properties to the east and southeast are zoned R-1-AA.
The lot directly to the east (south of Lakeside Harbor Drive) is vacant and located within the
Sam Brown Jr. Hypoluxo subdivision. Platted In 1895, this subdivision currently contains several
lots that have been developed with a mix of one (1) and two (2)-story homes. The lots iocated
southeast of the subject property lie within the Las Palmas Park subdivision. Similarly, they also
contain a mix of one (I) and two (2)-story homes, all of which zoned R-1-AA. While lots within
both subdivisions are allowed to be developed as two (2)-story structures, it appears as though
a majority of them were constructed as one (l)-story homes. The R-1-AA zoning district also
allows a maximum building height of up to 30 feet (at mid-point of roof). Staff infomied the
developer that the proposed height of Building 5 of the proposed project would be a critical
design element to consider when requesting to rezone to the IPUD zoning district. During the
review process, staff recommended that the entire building (or a portion) be reduced from
three (3) to two (2) stories In order to achieve a higher degree of compatibility with the existing
one (I)-story single-family detached home to the southeast. Instead, the applicant chose to
design the building with a flat roof at 30 feet In height rather than heeding staff's
recommendation. The building, proposed at the southeast comer of the property, would be
located 10 feet away from the south property line that abuts an R-1-AA zoned lot that is
currently developed with an existing single-family detached home. As currently proposed,
Building 5 Is comprised of four (4) units. Structure "massing" Is one of the major differences
between a 30-foot tall townhouse building and a 3Q-foot tall single-family detached home. The
perceived massing of a townhouse building with three (3) or more units Is greater than the
massing of one (1) large, single-family detached home. In other words, a row of townhouse
buildings appears larger than a row of single-family detached homes despite both being limited
Page 10
File Number: LUAR 06-009
Name: Harbor Cay
to equal building heights. The building was designed with a flat roof and only one (1) side of
the building would face the adjacent Single-family home, in an attempt to increase
compatibility. All buildings would comply with the 45-foot height limitation of the IPUD zoning
district. However, staff opines that the proposed height and setback of Building 5 would be
incompatible with that of the abutting single-family residence. Again, the City is not obligated
to approve the requested intensity and design of said development if compatibility with adjacent
properties becomes an issue. Therefore, staff is recommending the following two (2) solutions
to achieve compatibility:
. Increase the building setback (of Building 5) from 10 feet to at least 20 from the south
property line to match the rear setback of the adjacent house. This is an IPUD zoning code
requirement; and
. Eliminate the southernmost unit of Building 5, reduce the entire building height of Building 5
from three (3) to two (2)-stories, or reduce the southernmost portion of Building 5 from three
(3)-stories to two (2)-stories.
Staff feels that decreasing the height of the east fa~de of Model "A" of Building 5 would
provide for an equitable transition between the maximum height (of 30 feet) allowed In the
adjacent R-1-AA zoning district (to the east) and the 45-foot height allowed in the proposed
project. After considering the ultimate height of the proposed structure (34 feet - two (2)
inches), evaluating the effects of comparable situations elsewhere, considering that the majority
of adjacent single-family homes are one-story or two-story and less than 30 feet in height, and
after reconsidering the intent of the IPUD district to maximize compatibility, staff has
determined that compatibility would be best achieved by limiting the entire or at least, a portion
of the structure height to a maximum of two (2) stories in this area of the development. There
are no indications that the proposed amendment / rezoning would negatively impact property
values, provided that the solutions referenced above are incorporated into the design of the
plan. In fact, staff notes that the proposed rezoning to IPUD would positively affect property
values due to the nuisance characteristics of the existing commercial plaza that have been
documented in the past.
f. Whether the property is physically and economically developable under the
existing zoning.
As evidenced, the current development is not the highest and best use of the site. Under the
current zoning category, the C-3 zoning district reverts to the R-3 zoning district when
developing with residential uses. The R-3 zoning district allows for a residential density of 10.8
dwelling units per acre. A lower density does not necessarily translate Into projects with higher
quality and design. This property, which Is eligible for the IPUD zoning category, would allow a
residential density of up to 20 dwelling units per acre. The proposed zoning change would
allow for greater flexibility in terms of use, density, and setbacks, while maximizing
compatibility with adjacent properties.
Page 11
File Number: LUAR 06-009
Name: Harbor Cay
g. Whether the Proposed rezoning is of a scale which is reasonably related to the
needs of the neIghborhood and the dty as a whole.
The requested land use amendment and rezoning present the opportunity for redevelopment In
a highly visible entrance corridor to the City and would also support the current trend toward
greater residential uses In this area, economic revitalization, and downtown redevelopment. As
previously mentioned, the downtown area and retail base are in great need for "critical mass" In
order to succeed. Rezoning to allow higher residential densities Is exactly what Is needed In
order to accomplish the task of revitalizing the downtown area. Anticipated Impacts to traffic,
and demands for water and sewer are minimal if not lessened. The proposed project would
have a positive Impact on property values, and visual Impacts to adjacent properties would be
minimized through good project design, appropriate setbacks, and dense landscaping and
buffering. This site and its project characteristic are consistent with Objective 1.13 that
discourages urban sprawl by creating a compact urban area within the City and Oty's Utility
service areas.
h. Whether there are adequate sites elsewhere In the city for the Proposed use, In
districts where such use is already allowed.
In accordance with the definition of the Special High Density Residential land use designation in
Policy 1.16.1 of the Future Land Use Element, residential densities of 20 dwelling units per acre
are permitted in the Federal Highway corridor to encourage infill development and
redevelopment. It should be noted that there are a limited number of sites elsewhere in the
city where residential development could occur at a much lower density of 10.8 dwelling units
per acre; however, those sites do not offer the Opportunity for redevelopment and infill
development that the subject location affords. Nor would development of those available sites
serve to promote the goals of the Community Redevelopment Agency and the Federal Highway
Corridor Community Redevelopment Plan. It is more difficult to redevelop a built-out or
partially-developed site rather than constructing anew on a vacant site.
CONCLUSIONS/RECOMMENDATIONS
Staff recommends that the requested land use amendment and rezoning be approved because
the proposed redevelopment is located In the Federal Highway Corridor Community
Redevelopment Plan Planning Area I, is consistent with the intent of the redevelopment plan,
and therefore meets the criteria for consideration of the land use amendment as described in
Policy 1.16.1 of the Future Land Use Element of the Comprehensive Plan. The residential use
and accompanying site plan is consistent with the intent and requirements of the IPUD zoning
district regulations when all staff comments are incorporated into Its design. The project would
not create additional impacts on Infrastructure that have not been anticipated in the
Comprehensive Plan. Finally, the proposed project will have a POSitive Impact on values of
adjacent property and will contribute to the overall economic development of the Oty.
However, it should be noted that the accompanying site plan Is defident In terms of meeting
the minimum required building setback (along the south property line). Therefore, the plan
does not currently meet the reqUirements of the IPUD zoning district and causes the design to
be Incompatible with the adjacent properties. The modifications required to meet all staffs
Page 12
File Number: LUAR 06-009
Name: Harbor Cay
comments identified in Exhibit "C" of the accompanying site plan staff report are feasible and
therefore, would not greatly Impact the overall design of the plan. The required modifications
would result In a project that would comply with code and thereby meet the intent of the IPUD
zoning district. If the Community Redevelopment Agency Board or the City Commission
recommends conditions associated with this land use amendment / rezoning request, they will
be included within Exhibit "B".
S;\PIanolng\5HAREO\WP\PROJECTS\Harbor Q!ly\LUAR 06-009\Staff Report.doc
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EXHIBIT "B"
Conditions of Approval
Project name:
File number:
Harbor Cay
LUAR 06-009
Reference: Staffrenorl Memorandum P&Z 06-061
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS
Comments: None X
UTILITIES
Comments: None X
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTERlENVIRONMENTALIST
Comments: None X
PLANNING & ZONING
Comments:
1. The building setback in the accompanying site plan (NWSP 06-011) does X
not mirror the rear setback of the adjacent residential lot and therefore,
does meet comolv with the reauirements of the IPUD ZOnilll! district. The
Page 2
Yachtsman's Cove
File No.: LUAR 06-003
DEPARTMENTS INCLUDE REJECT
setback of Building 5 shall be 20 feet from the south property line unless a
variance reauest to Drovide less separation distance is aODroved.
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY
COMMENTS:
Comments:
2. None X
ADDITIONAL CITY COMMISSION COMMENTS:
Comments:
3. To be determined.
S,lPlanningISHARED\ WPIPROJECfSIHarbor CayILUAR 06-OO9\COA.doc
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
XII. - LEGAL
DEVELOPMENT
ITEM A.6
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meetim! Dates in to City Clerk's Office
0 April 4, 2006 March 20, 2006 (Noon.) 0 June 6, 2006 May 15,2006 (Noon)
0 April 18, 2006 April 3, 2006 (Noon) 0 June 20, 2006 June 5, 2006 (Noon)
0 May 2, 2006 April 17,2006 (Noon) 0 July 5, 2006 June 19,2006 (Noon)
~ May 16,2006 May 1,2006 (Noon) 0 July 18,2006 July 3. 2006 (Noon)
I
0 Administrative 0 Development Plans Co)
NATURE OF 0 Consent Agenda 0 New Business ~--~
'>
AGENDA ITEM 0 Public Hearing ~ Legal N
'.'-
0 Bids 0 Unfmished Business ___,or;
c ~: -~.
, 'iC"')
0 Announcement 0 Presentation
0 City Manager's Report
RECOMMENDATION: Please place this request on the May 16, 2006 City Commission Agenda under Legal,
Ordinance - Second Reading. The City COmmission approved the subject request under Public Hearing and Legal.
Ordinance - First Reading on May 2,2006. For further details pertaining to the request, see attached Department
Memorandum No. 06-061.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRlPTION:
Harbor Cay (LUAR 06-009)
Robert K. Brooks. Jr., RKB Architects Planners. Inc.
Harbor Cay, LLC
East side of Federal Highway approximately 160 feet north of Gateway Boulevard
Request to rezone from Connnunity Connnercial (C-3) and Single-Family Residential (R-
I-AA) to Infill Planned Unit Development (IPUD).
Proposed use:
23 fee-simple townhouse units
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
~~
Developme epa City Manager's Signature
2/~7 ~
Planniiig and Wg Director City Attorney / Finance / Human Resources
S:\Planning\SfIARED\WP\PROJECTS\Harbor Cay\LUAR 06~009\Agenda Item Request Harbor Cay LUAR 06-009 rezone 5-16-06.dot
S:\BULLETlNIFORMSIAGENDA ITEM REQUEST FORM. DOC
1 ORDINANCE NO. 06- 0'-1.3
2
3 AN ORDINANCE OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, REGARDING THE
5 APPLICATION OF HARBOR CAY, LLC,
6 AMENDING ORDINANCE 02-013 TO REZONE A
7 PARCEL OF LAND LOCATED ON TilE EAST
8 SIDE OF FEDERAL HIGHWAY,
9 APPROXIMATELY 160 FEET NORTH OF
10 GATEWAY BOULEVARD. AS MORE FULLY
11 DESCRIBED HEREIN, FROM COMMUNITY
12 COMMERCIAL (C-3) AND SINGLE FAMILY
13 RESIDENTIAL (R-I-AA) TO INFILL PLANNED
14 UNIT DEVELOPMENT (IPUD); PROVIDING FOR
15 CONFLICTS, SEVERABILITY, AND AN
16 EFFECTIVE DATE
17
18 WHEREAS, the City Commission of the City of Boynton Beach, Florida has
19 adopted Ordinancc No. 02-013, in which a Rcviscd Zoning Map was adoptcd for said City;
2 0 and
21 WHEREAS, Harbor Cay. LLC, owners of thc property located on the East side of
22 Federal Highway, approximately 160 feet North of Gateway Boulevard in Boynton Beach,
23 Florida, as more particularly described herein, has liled a Petition, through its agent, Ricahrd
24 K. Brooks, Jr., AlA, NeARB, pursuant to Section 9 of Appendix A-Zoning, of the Code of
25 Ordinances, City of Boynton Beach, Florida, for the purpose of rezoning a parcel of land, said
26 land being more particularly described hereinafter, from Community Commercial (C-3) and
27 Single Family Residential (R-l-AA) to Inlill Planned Unit Development (lPUD); and
28 WHEREAS, the City Commission conducted a public hearing and heard testimony
29 and received evidence which the Commission linds supports a rezoning for the property
30 hereinafter described; and
31 WHEREAS, the City Commission finds that the proposed rezoning is consistent with
S:\CA\Ordin<lm:es\Planning:\Rcyoning\Re/oning - 11:1I-\)(lf ('a)',doc
1 an amendment to the Land Use which was contemporaneously considered and approved at
2 the public hearing heretofore referenced; and
3 WHEREAS, the City Commission deems it in the best interests of the inhabitants of
4 said City to amend the aforesaid Revised Zoning Map as hereinafter set forth.
5 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
6 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
7
Section I.
The foregoing Whereas clauses are true and correct and incorporated
8 herein by this reference.
9
Section 2.
The following described land located on the East side of Federal
10 Highway, approximately 160 feet North of Gateway Boulevard in the City of Boynton Beach,
11 Florida, as set forth as follows:
12 A parcel of land in Section 15, Township 45 South, Range 43 East, City of
13 Boynton Beach. Palm Beach County, Florida, and being a part of Lots 2 and 3 of
14 Sam Brown Jr's Hypoluxo Subdivision according to the plat thereof, as recorded
15 in Plat Book I, Page 8], Public Records of Palm Beach County, Florida, and
16 being more particularly described as follows:
17
18 Begin at the intersection of the North line of said Lot 2 with the Easterly Right-of-
19 Way line of State Road No.5 (U.S. # I) as said Right-of- Way is shown on the
20 plat recorded in Road Plat Book 3, Pages 11-] 7 of Palm Beach County, Florida,
21 and also shown on the Florida State Road Department Right-of-Way Map Section
22 No. 93010-250], Sheet 3 of7; thence S08'12'00"E along said East Right-of-Way
2 3 line for 258.54 feet to a point on the South line of said Lot 3; Thence
24 S89'13'55"E along the South line of said Lot 3 for 273.65 feet; Thence
25 NOO'14'05"E for 127.30 feet; Thence N89'45'55"W for 30.28 feet; Thence
2 6 N04'23'20"E for 5.35 feet to a found iron pipe approximately one foot below
27 existing grade of the asphalt road for Lakeside Harbor Drive. said pipe also being
28 on the common lot line of said lots 2 and 3; Thence continue N04'23'20"E for
29 124.27 feet to a point on the North line of said Lot 2; Thence N89'13'55'"W along
30 said North line of Lot 2 for 2]6.93 feet to the Point of Beginning
31
32 Containing: 62,256 square feet or ] .429 acres more or less.
33
34 Subject to easements, restrictions, reservations and rights-of-way of
35 record.
36
37 be and the same is hereby rezoned from Community Commercial (C-3) and Single Family
S:\CA\Ordinanccs\PJanning\RczoningIRezoning _ Harbor Cay.doc
1 Residential (R-I-AA) to Infill Planned Unit Development (IPUD). A location map 1S
2 attached hereto as Exhibit "A" and made a part of this Ordinance by reference.
3 Section 3. That the aforesaid Revised Zoning Map of the City shall be amended
4 accordingly.
5
Section 4. All ordinances or parts of ordinances in conflict herewith are hereby
6 repealed.
7 Section 5. Should any section or provision of this Ordinance or any portion thereo f
8 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect
9 the remainder of this Ordinance.
10 Section 6. This ordinance shall become efTective immediately upon passage.
11
12
FIRST READING this -.d._ day of .... LY1o-
SECOND, FINAL READING and PASSAGE this
day of
.2006
,2006.
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
CITY OF BOYNTON BEACH. FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
ATTEST:
Commissioner
City Clerk
(Corporate Seal)
S:\('A.,Onlinanccs\l'lanning\Rczoning,\Rczoning. llarbof {'ay.doc
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DEVELOPMENT DEPARTMENT
PLANNING s.. ZONING DMSION
MEMORANDUM NO. PZ 06-061
TO:
Chair and Members
Community Redevelopment Agency Board and
Mayor and City Commission
THROUGH:
Michael W. Rumpf
Director of Planning and Zoning
FROM:
Eric Lee Johnson, AICP
Planner
If
DATE:
April 6, 2006
PROJECf
NAME/NUMBER:
REQUEST:
Harbor Cay
LUAR - 06-009
Amend the future land use designation from Local Retail Commercial
(LRC) and Low Density Residential (LDR) to Special High Density
Residential (SHDR); and to rezone the property from (C-3) Community
Commercial to (IPUD) Infill Planned Unit Development.
PROJECf DESCRIPTION
Property Owner: Harbor Cay, LLC
Applicant: Harbor Cay, LLC
Agent: Mr. Richard K. Brooks Jr., AlA, NCARB
Location: On the east side of Federal Highway, approximately 160 feet north of
Gateway Boulevard (Exhibit "'A")
Existing Land Use: Local Retail Commercial (LRC) and Low Density Residential (LOR)
Existing Zoning: Community Commercial (C-3) and Single-family Residential (R-1-AA)
Proposed Land Use: Special High Density Residential (SHDR - 20 du/ac)
Proposed Zoning:
Proposed Use:
Infill Planned Unit Development (IPUD)
23 fee-simple townhouse units at 16.09 dwelling units per acre
Acreage:
1.429 acres (62,256 square feet)
Page 2
File Number: LUAR 06-009
Name: Harbor Cay
Adjacent Uses:
North:
South:
East:
West:
To the north Is developed multi-family residential property (Inlet Harbor
Oub), classified Recreational (R) and High Density Residential (HDR) land
use and zoned Recreation (REe) and Multi-family Residential (R-3);
To the south Is developed commercial property (Gateway Shell),
classified Local Retail Commercial (LRC) land use and zoned Community
Commercial (C-3); to the southeast Is developed single-family residential,
classified Low Density Residential (LDR) and zoned Single-family
Residential (R-l-AA);
To the east Is developed and vacant single-family residential, classIfied
Low Density Residential (LOR) and zoned Single-family Residential (R-1-
AA); and
Right-Of-way for Federal Highway, then farther west is right-of-way for
the Aorida East Coast (FEe) railroad.
EXECUTIVE SUMMARY
Staff recommends approval of the requested land use amendment and rezoning for the
following reasons:
1. The proposed redevelopment is located In the Federal Highway Corridor Community
Redevelopment Plan Planning Area I, Is consistent with the intent of the redevelopment
plan, and therefore meets the criteria for consideration of the land use amendment as
described In Policy 1.16.1 of the Future Land Use Element of the Comprehensive Plan;
2. The proposed residential use and accompanying site plan is consistent with the intent
and requirements of the IPUD zoning regulations when all staff comments are
incorporated Into Its design. The request is subject to satisfying selected conditions of
approval for the corresponding site plan;
3. The project would not create additional impacts on infrastructure that have not been
anticipated in the Comprehensive Plan; and
4. The proposed project will have a positive Impact on values of adjacent property and will
contribute to the overall economic development of the Oty.
It should be noted that the accompanying site plan is deficient In terms of meeting the
minimum required setback along the south property line. Therefore, the plan does not
currently meet the requirements of the lPUD zoning and therefore causes the design to be
Incompatible with the adjacent properties. However, the required modifications would not
greatly Impact the overall design of the plan to meet all staffs comments identified In exhibit
"C" of the accompanying site plan staff report and reqUirements of the IPUD zoning disbfct
Page 3
File Number: LUAR 06-009
Name: Harbor Cay
PROJECT ANALYSIS
Chapter 163.3187, Florida Statutes states the requirements for small-scale Comprehensive Plan
map amendments. The proposed amendment must Involve a use of fewer than 10 acres and a
residential use must have a density of 10 units or less in density, unless the subject property Is
iocated In an area designated for urban infill, urban redevelopment, or .downtown revitalization.
The parcel, which Is the subject of this land use amendment, totals 1.429 acres. The proposed
density of the accompanying site plan would be 16.09 dwelling units per acre. Even though the
requested density is greater than 10 dwelling units / acre, It Is located within a recognized
redevelopment area and therefore, qualifies as a "small scale" amendment. A "small-scale"
amendment is adopted prior to forwarding to the Aorida Department of Community Affairs
(DCA) and is not reviewed for compliance with the state, regional, and local comprehensive
plans prior to adoption.
Master Plan I Site Plan Overview
The IPUD regulations are intended to be used In situations where new development or
redevelopment is proposed within an already developed area or neighborhood located In the
Federal Highway Corridor Community Redevelopment Plan Planning Areas I and V. A mixture
of uses, including residential, retail commercial and office, may be allowed to the extent that no
land use conflicts would result and the basic Intent of the Zoning COde and the Comprehensive
Plan would be followed. When the IPUD is to be developed In a single phase, the Site Plan for
that development may also represent the Master Plan. A request for Site Plan Approval is being
processed concurrent with this request for future land use map amendment and rezoning.
It is a basic public expectation that landowners requesting the use of the IPUD district would
develop design standards that exceed the basic development standards in terms of site design,
building architecture and construction materials, amenities and landscape design. The extent of
variance or exception to basic design standards, including but not limited to requirements for
parking spaces, parking lot and circulation design, and setbacks, would be dependent on how
well the project meets the above-stated design expectations.
The IPUD shall minimize adverse Impacts on surrounding proPerties. The Oty is not obligated
to automatically approve the level of development intensity requested for the IPUD. Instead, it
is expected to approve only such level of intensity that is appropriate for a particular location In
terms of iand use compatibilities. The Oty may require, as a condition of approval, any
limitation condition, or design factor that will provide a reasonable transition to adjacent
development. In order to be approved, an IPUD project must be compatible with and preserve
the character of adjacent single-family residential neighborhoods. Furthermore, It must be an
enhancement to the overall local area and the city In general. Presentation of projects that fail
to do so would be denied. Each IPUD project Is Independent and Is evaluated solely upon Its
own merits. The Inclusion of certain features In a previously approved IPUD project may not be
entertained as a valid argument for the inclusion of that same feature In any other IPUD project
if the City decides to reject those features. While the details of the proposed site plan are a
companion agenda Item, a brief overview of the site plan is Included below.
Page 4
File Number: LUAR 06-009
Name: Harbor Cay
Site Plan Analysis
The applicant is proposing to redasslfy the land use designation from local Retail Commerdal
(LRC) and Low Density Residential (LDR) to Special High Density Residential (SHDR). The
SHDR land use category allows a max/mum of 20 dwelling units per acre. The proposed
development contains 23 units for an overall density of 16.09 dwelling units per acre. The 23
units are proposed withIn six (6) separate buildings on the 1.42g-acre site. Each building would
contain four (4) units, with the exception of one (1) building, which proposes three (3) units.
The floor plans propose three (3) models, ranging from 2,534 square feet to 2,599 square feet
of "total a/c area". All units would have two (2)-bedrooms and a bonus room that can be used
as a third bedroom.
The IPUD zoning district allows buildings to reach a max/mum height of 45 feet. However, a
lesser building height could be imposed If compatibility with the adjacent properties would be In
jeopardy. The elevations show the buildings would be three (3) stories In height, the tallest of
which would be approximately 37 Inches In height measured at the mid-point of the pitched
roof. The building Identified as "Building 5" Is proposed at the southeast comer of the property
and adjacent to an existing single-family detached home. The elevations of Building 5 show
that It would have a flat roof with a parapet wall that would be 30 feet In height. The building
was designed this way in an attempt to Increase compatibility with the abutting single-family
residential properties. During the review process, staff recommended that the entire building
(or a portion of It) be two (2) stories In order to achieve a higher degree of compatibility
between the project and the existing one (l)-story Single-family detached home on the abutting
properties. However, the applicant instead chose to design the buildingwfth a flat roof at three
(3) stories rather than heeding staff's recommendation to reduce It (or a portion) to two (2)
stories. While all buildings would comply with the 45-foot height limitation of the IPUD zoning.
district, staff opines that the proposed height and setback of Building 5 would be incompatible
with that of the abutting single-family residence. Again, the Oty Is not obligated to approve the
requested intensity and design of said development if compatibility with adjacent properties
becomes an Issue.
The site plan shows that the project would have one (1) point of Ingress / egress along Federal
Highway. Lakeside Harbor Drive, a private right-of-way, would cut through the center of the
subject property In order to provide perpetual access to the existing homes of the Sam Brown
Jr. HypoIuxo subdivision. The egress lane would proVide right-turn (northbound) traffic
movements on Federal Highway. A landscape buffer would be provided along the east property
line. Trees are proposed along the perimeter of all property lines however, It should be noted
that the types of trees proposed within these areas are a function of the proposed building
setbacks. Buildings would be setback five (5) feet from the north, south, and west property
lines. Building 5, which abuts single-family residential zoning, would be setback 10 feet from
the south property line. The IPUD zoning district regulations require the building setbacks
mirror the rear setback of the R-l-AA zoning district, which would be 20 feet. Therefore,
approval of the accompanying site plan is contingent upon modifying the plan to meet a staff
condition that requires Building 5 to be setback 20 feet from the south property line.
Page 5
File Number: LUAR 06-009
Name: Harbor Cay
Review Based on Required Criteria.
The criteria used to review Comprehensive Plan amendments and rezonlngs are listed In the
Land Development Regulations, Chapter 2, Section 9, Administration and Enforcement, Item C.
Comprehensive Plan Amendments: Rezonings. These criteria are required to be part of a staff
analysis when the proposed change Includes an amendment to the Comprehensive Plan Future
Land Use Map.
a. Whether the proposed rezoning would be consIstent with applicable
comprehensIve plan polldes Indudlng but not limited to, a prohIbition against
any Increase In dwelling unit density exceeding 50 In the hunicane evacuation
zone without written approval of the Palm Beach County Emergency Planning
DIvisIon. and the aty's risk manager. The planning department shall also
recommend limitations or requirements, whIch would have to be Imposed on
subsequent development of the property, In order to comply with polldes
contained In the comprehensive plan.
The prop<)Sed 23-unlt development would be replacing a defunct business, a single-family
detached house, and a vacant residential lot. /Is previously mentioned, the property Is
designated with two (2) land use classifications, namely Local Retail Commercial (LRC) and Low
Density Residential (LOR). The LRC land use category would allow up to 10.8 dwelling units per
acre and the LOR category would allow up to 4.84 dwelling units per acre. The proposed land
use change to SHDR and concurrent rezoning to IPUD would be consistent with current
comprehensive plan policies to encourage (nfill development and redevelopment projects. The
SHDR land use category allows a maximum project density of 20 dwelling units per acre. This
would equate to a maximum of 28 dwelling units that can be developed on the property.
However, the accompanying site plan proposes a total of 23 dwelling units, equaling a project
density of 16.09 dwelling units per acre. Stili, the comprehensive plan specifically addresses
projects proposing higher densities.
Policy 1.12.1
The Oty shall adopt and enforce regulations to require that all new
residential developments of more than 50 units, which are located In the
Hurricane Evacuation Zone, will provide continuing Information to
residents concerning hurricane evacuation and shelters through the
establishment of a homeowners' or residents' association.
The subject property Is located In the hurricane evacuation zone. The site plan proposes less
than 50 units and therefore, meets the above referenced policy. Regardless, staff understands
that it is the applicant's intent to develop the parCel with a townhouse community that will have
a functional homeowners' association. This association would be able to provlde continuing
Information to its residents.
The criterion for assigning the SpecIal High Density Residential land use category is found in the
following Future Land Use 8ement policy.
Page 6
Ale Number: LUAR 06-009
Name: Harbor Cay
Policy 1.16.1
ThIs land use category shall consist of redevelopment and Infill residential
areas assigned to this land use category In the portion of the designated
Community Redevelopment Area Identified as PlannIng Area I and
Planning Area V In the "Federal Highway Corridor Community
Redevelopment Plan", adopted on May 15, 2001.
The proposed project would be located In Planning Area I, as defined In the Federal Highway
Corridor Community Redevelopment Plan, and Is therefore consistent with this portion of the
above-referenced policy. The Infill Planned Unit Development (IPUD) zoning district as set forth
by the Oty of Boynton Beach rOty") was created for the purpose of allowing flexibility to
accommodate Infill and redevelopment on parcels less than five (5) acres In size, specffically
within Planning Areas I and V of the Federal Highway Corridor Community Redevelopment Plan.
The Intent of the IPUD zoning district Is to allow for a mixture of uses, Including residential, retail
commercial, and office uses.. Additionally, the. IPUD zoning district was created to ensure
compatibility of Infill redevelopment with adjacent existing single-family development, to clarify
setback requirements, and to provide standards for building design elements. The IPUD zoning
regulations state that "It Is a basic public expectation that landowners requesting the use of the
IPUD district will develop design standards that exceed the basic development standards In
terms of site design, building architecture and construction materials, amenities and landscape
design". Additional expectations of the IPUD are to minimize adverse impacts on surrounding
property; to be compatible with and preserve the character of adjacent residential
neighborhoods; to be an "enhancement to the local area and the Oty In general; and, that It Is
independent and will be evaluated solely on Its own merits. The Land Development Regulations
indicate that the planning department shall also recommend limitations or requirements, which
would have to be Imposed on subsequent development of the property, in order to comply with
policies contained in the comprehensive plan. As previously mentioned, a condition of approval
in the acCOmpanying site plan is to require an increased setback for Building 5 to 20 feet from
the south property line. Staff opines that the accompanying site plan can be easily modified to
comply with the code requirements and thereby meet the Intent of the IPUD zoning district
regulations. However, It should be noted that If the site plan Is not modified to comply With the
required setback, then the subject request would be Inconsistent with the aforementioned
Comprehensive Plan policies. Furthermore, approval of the accompanying site plan as currently
designed would necessitate the approval of a zoning code variance. Generally, staff takes the
poSition that projects that do not appear to suffer from "traditional" hardShips and still require ahzoning code variance simply do not meet the Intent of the IPUD zonIng district or any other
applicable regulations.
Other policies contained in the Comprehensive Plan that are applicable to this request Include
the following:
Policy 1.19.1
The Oty shall continue efforts to encourage a full range of housing
choices, by allowing densities which can accommodate the approximate
number and type of dwellings for which the demand has been Projected
in the Housing and Future Land Use 8ements, Including the Provision of
adequate sites. for housIng very-fow, Iow-, and moderate Income
households and for mobIle homes;
Page 7
File Number: LUAR 06-009
Name: Harbor Cay
Policy 1.19.7
The Oty shall continue to change the land use and zoning to permit only
residential or other non-commercial uses In areas where the demand for
commercial uses will not increase, particularly In the Coastal Area; and,
The requested land use amendment and rezoning are consistent with both policies since it
would remove the possibility that commercial-only types of development could be built on the
portion of the subject property designated with the LRC land use category. In addition, the
requested changes are consistent with the following strategies for Planning Area I, as stated in
the Federal Highway Corridor Community Redevelopment Plan:
Encouraoe a variety of housino Develop intensity standards that allow for a variety of
housing styles and types at Intensities that will assist in supporting the downtown area
and general economic expansion; and
Require a transition to the adjacent oatewav neiohborhoods Create development
standards In the city entrance communities that establish a logical transition to the
gateway communities. Building scale, massing, and placement should be less Intense
than that of the adjacent planning areas, but substantial enough to announce an arrival
in the Oty.
b. Whether the proposed rezoning would be contrary tQ the established land use
pattem, or would create an isolated district unrelated to adjacent and nearby
districts, or would constitute a grant of special privilege to an individual property
owner as contrasted with the protection of the public welfare.
The requested land use amendment and rezoning would promote efficient use of the subject
property. The property's location within both the Community Redevelopment Area and
Planning Area I of the Federal Highway Corridor Community Redevelopment Plan suggests that
the requested increase In density is appropriate for the area. Townhouse projects and other
multi-family residential projects that meet the intent of the IPUD zoning district regulations
contribute towards the "critical mass" of residential uses needed to establish a healthy and
vibrant downtown retail center. Staff considers the requested land use category and rezoning
to be consistent and comparable with other townhouse projects recently approved within the
Immediate vicinity. For example, The Harbors, which was approved In October of 2002, is a
townhouse project (located 220 feet to the south of the subject property) that was approved
with the SHDR land llse classification to ailow for the construction of 54 fee-simple townhouse
units at a project density of 16.82 dwelling units per acre. Another townhouse project located
approximately 1,100 feet to the north (The Peninsula) was approved In July of 2005 for 30
townhouse units and 40 condominium units at a density of over 19 dwelling units per acre. The
Seaview Park Club, located south of the subject property, was approved with the SHDR land
use classification to allow the construction of 69 townhouse-style condominium units at a
density of 18.37 dwelling units per acre. Therefore, the requested density of this application
(16.09 dwelling llnits per acre) is comparable to that of the aforementioned projects and Is
consistent with the transition of uses recommended In the Federal Highway CorrIdor Community
Redevelopment Plan. The requested density Is also typical of the development pattem within
the coastal area, where there coexists a combination of both existing slngfe-famlly
neighborhoods and mlJltI-famlly developments. Unfortunately, the height of each development
Page 8
File Number: LUAR 06-009
Name: Harbor Cay
varies greatly based upon the project type, often without consideration for compatibility.
However, the project's proposed building heights, with the Incorporation of all site plan
conditions, meets the Intent of what staff envisioned when creating the SHDR land use
classification and IPUD zoning district. These types of land use and zoning changes, Including
the subject request, are consIstent with the CIty's redevelopment plans and would not grant
special privileges to an Individual property owner as contrasted with the protection of the public
welfare. The requested amendment would not create an Isolated or unrelated district and
would help to create abetter transition to the residential neighborhood to the east.
G Whether changed or changing conditions make the Pl'rJposed rezoning desirable.
As previously mentioned, the subject property Is currently developed but not up to Its highest
and best potential. The redevelopment of the site (with townhouse units) Is desirable with
regards to beautification, economic benefit, as well. as for the purpose of removing older
structures from the coastal high hazard area. Also, the changing conditions make the proposed
land use amendment and rezoning desirable. The Federal Highway Corridor Community
Redevelopment Plan recommended the changes of zoning categories within Planning Area I in
order to create a desired appearance of a neighborhood which, being near to the downtown
core area is a gateway to the dty. The recommendations were also aimed at promoting urban
infill by developing vacant lots and eliminating one-story strip commercial plazas and
automobile-oriented (i.e. drive-thru) types of uses. Any redevelopment activities In Planning
Area I consistent with the above objectives would support Increasing developers' Interest In the
downtown core area. The proposed rezoning to IPUD would maintain the residential character
of the area while providing an aesthetically pleasing living environment in dose proximity to the
downtown. Furthermore, the accompanying site plan proposes townhouse units that are
designed with their front doors oriented towards Federal Highway, thereby engaging the public
space and thus creating a better sense of community, neighborhood, and gateway Into Boynton
Beach.
d. Whether the Pl'rJposed use would be compatible with utility systems, roadways,
and other public Fadlities.
The applicant submitted a traffic Impact statement and It was forwarded to the Palm Beach
County Traffic Division for their review and approval. The Traffic Division reported that the
proposed land use / zoning change meets the Traffic Performance Standards (TPS) of Palm
Beach. The project is expected to generate an average of 161 dally trips, with 16 peak hour
a.m. trips and 18 peak hour p.m. trips.
The Oty's water capadty, as Increased through the purchase of up to 5 million gallons of potable
water per day from Palm Beach County Utilities, would meet the projected potable water for this
project (project estimated to require a total of 9,900 gallons per day). Local piping and
Infrastructure Improvements may be required, especially on the water delivery system for the
project, depending upon the final project configuration and fire-flow demands. These local
Improvements would be the responsibility of the site developer and would be reviewed at the
' time of permitting. Sufficient sanitary sewer and wastewater treatment capacity is wrrentIy
available to serve the projected total of 4,500 gallons per day, subject to the applicant making a
firm reservation of capacity, following approval of the site plan.
Page 9
File Number: LUAR 06-009
Name: Harbor Cay
With respect to solid waste, the Palm Beach County Solid Waste Authority has stated that
adequate capadty exists to accommodate the county's municipalities throughoUt the lo-year
planning period.
As of today, the City has not yet received confirmation that the project meets the concurrency
requirements of the Palm Beach County School District. However, as evidenced by previously
approved IPUD townhouse projects, it appears that there would be enough school capadty
within the Immediate vidnity that could accommodate the expected number of resident children
generated by this request. In the near future, staff expects this confirmation from the School
District and is not overly concerned about formal action taken by the CRA or Oty Commission.
However, in no case shall the Oty approve the second reading of the Ordinance until the School
District confirms compliance with concurrency requirements (see Exhibit "B" - Conditions of
Approval).
e. Whether the proposed rezoning would be compatible with the current and
future use of adjacent and nearby properties, or would affect the properly
values of adjacent or nearby properties.
The proposed land use amendment (to SHDR) and rezoning (to IPUD) would be generally
compatible with the current and future use of properties located to the north, south, east, and
west of the subject property in accordance with the vision for the corridor as represented by the
redevelopment plan.
As previously mentioned, the abutting properties to the east and southeast are zoned R-1-AA.
The lot directly to the east (south of Lakeside Harbor Drive) is vacant and located within the
Sam Brown Jr. Hypoluxo subdivision. Platted in 1895, this subdivision currently contains several
lots that have been developed with a mix of one (1) and two (2)-story homes. The lots located
southeast of the subject property lie within the Las Palmas Park subdivision. Similarly, they also
contain a mix of one (1) and two (2)-story homes, all of which zoned R-1-AA. While lots within
both subdivisions are allowed to be developed as two (2)-story structures, it appears as though
a majority of them were constructed as one (l)-story homes. The R-1-AA zoning district also
allows a maximum building height of up to 30 feet (at mid-point of roof). Staff Infonriecl the
developer that the proposed height of Building 5 of the proposed project would be a a1tIcal
design element to consider when requesting to rezone to the IPUD zoning district. During the
review process, staff recommended that the entire building (or a portion) be reduced from
three (3) to two (2) stories In order to achieve a higher degree of compatibility with the existing
one (1)-story single-family detached home to the southeast. Instead, the applicant chose to
design the building with a flat roof at 30 feet In height rather than heeding staffs
recommendation. The building, proposed at the southeast comer of the property, would be
located 10 feet away from the south property line that abuts an R-1-AA zoned lot that Is
currently developed with an existing Single-family detached home. As currently proposed,
Building 5 is comprised of four (4) units. Structure "massing" Is one of the major differences
between a 30-foot tall townhouse building and a 3o-foot tali single-family detached home. The
perceived massing of a townhouse building with three (3) or more units Is greater than the
massing of one (1) large, single-family detached home. In other words, a row of townhouse
buildings appears larger than a row of single-family detached homes despite both being limited
Page 10
File Number: WAR 06-009
Name: Harbor Cay
to equal building heights. The building was designed with a flat roof and only one (1) side of
the building would face the adjacent single-family home, In an attempt to Increase
compatibility. All buildings would comply with the 45-foot height limitation of the IPUD zoning
district. However, staff opines that the. proposed height and setback of Building 5 would be
Incompatible with that of the abutting single-family residence. Again, the Oty Is not obligated
to approve the requested Intensity and design of said development If compatibility with adjacent
properties becomes an Issue. Therefore, staff Is recommending the follOwing two (2) solutions
to achieve compatibility:
· Increase the building setback (of Building 5) from 10 feet to at least 20 from the south
property line to match the rear setback of the adjacent house. This is an IPUD zoning code
requirement; and
· Eliminate the southernmost unit of Building 5, reduce the entire building height of Building 5
from three (3) to two (2)-stories, or reduce the southernmost portion of Building 5 from three
(3)-stories to two (2)-stories.
Staff feels that decreasing the height of the east fa~de of Model "'A" of Building 5 would
provide for an equitable transition between the maximum height (of 30 feet) allowed In the
adjacent R-1-AA zoning district (to the east) and the 45-foot height allowed In the proposed
project. After considering the ultimate height of the proposed structure (34 feet _ two (2)
Inches), evaluating the effects of comparable situations elsewhere, COnsidering that the majority
of adjacent single-family homes are one-story or two-story and less than 30 feet In height, and
after reconsidering the intent of the IPUD district to maximize compatibility, staff has
determined that compatibility would be best achieved by limiting the entire or at least, a POrtion
of the structure height to a maximum of two (2) stories in this area of the development. There
are no indications that the proposed amendment / rezoning would negatively Impact property
values, provided that the solutions referenced above are Incorporated Into the design of the
plan. In fact, staff notes that the proposed rezoning to IPUD would positively affect property
values due to the nuisance characteristics of the existing commerdal plaza that have been
documented In the past.
F. Whether the property Is physically and economically developable under the
existing zoning.
As evidenced, the current development is not the highest and best use of the site. Under the
current zoning category, the C-3 zoning district reverts to the R-3 zoning district when
developing with residential uses. The R-3 zoning district allows for a residential density of 10.8
dwelling units per acre. A lower density does not necessarily transiate Into projects with higher
quality and design. This property, which is eligible for the IPUD zoning category, would allow a
residential density of up to 20 dwelling units per aae.The proposed zoning change would
allow for greater flexibility In terms of use, density, and setbacks, while maximizing
compatibility with adjacent properties.
Page 11
File Number: LUAR 06-009
Name: Harbor Cay
g. Whether the proposed rezoning Is of a scale which Is reasonably related to the
needs of the neighborhood and the dty as a whole.
The requested land use amendment and rezoning present the opportunity for redevelopment in
a highly visible entrance corridor to the City and would also support the current trend toward
greater residential uses in this area, economic revitalization, and downtown redevelopment. As
previously mentioned, the downtown area and retail base are In great need for "critical mass" in
order to succeed. Rezoning to allow higher residential densities Is exactly what Is needed in
order to accomplish the task of revitalizing the downtown area. Anticipated impacts to traffic,
and demands for water and sewer are minimal if not lessened. The proposed project would
have a positive Impact on property values, and visual Impacts to adjacent properties would be
minimized through good project design, appropriate setbacks, and dense landscaping and
buffering. This site and its project characteristic are consistent with Objective 1.13 that
discourages urban sprawl by creating a compact urban area within the City and City's utility
service areas.
h. Whether there are adequate sites elsewhere In the dty for the proposed use, In
districts where such use Is already allowed.
In accordance with the definition of the Special High Density Residential land use designation in
Policy 1.16.1 of the Future Land Use Element, residential densities of 20 dwelling units per acre
are permitted in the Federal Highway corridor to encourage infill development and
redevelopment. It should be noted that there are a limited number of sites elsewhere in the
city where residential development could occur at a much lower density of 10.8 dwelling units
per acre; however, those sites do not offer the opportunity for redevelopment and infill
development that the subject location affords. Nor would development of those available sites
serve to promote the goals of the Community Redevelopment Agency and the Federal Highway
Corridor Community Redevelopment Plan. It is more difficult to redevelop a built-out or
partially-developed site rather than constructing anew on a vacant site.
CONCLUSIONSIRECOMMENDATIONS
Staff recommends that the requested land use amendment and rezoning be approved because
the proposed redevelopment is located In the Federal Highway Corridor Community
Redevelopment Plan Planning Area I, is consistent with the intent of the redevelopment plan,
and therefore meets the criteria for consideration of the land use amendment as described In
Policy 1.16.1 of the Future Land Use Element of the Comprehensive Plan. The residential use
and accompanying site plan Is consistent with the intent and requirements of the IPUD zoning
district regulations when all staff comments are Incorporated Into Its design. The project would
not create additional Impacts on Infrastructure that have not been antidpated In the
Comprehensive Plan. Anally, the proposed project will have a positive Impact on values of
adjacent property and will contribute to the overall economic development of the Oty.
However, it should be noted that the accompanying site plan Is defident In terms of meeting
the minimum required building setback (along the south property line). Therefore, the plan
does not aJrrently meet the requirements of the IPUD zoning district and causes the design to
be incompatible with the adjacent properties. The modifications required to meet all staff's
Page 12
Ale Number: LUAR 06-009
Name: Harbor Cay
comments Identified In ExhibIt "C" of the accompanyIng site plan staff report are feasible and
therefore, would not greatly Impact the overall design of the plan. The requIred modifications
would result In a project that would comply with code and thereby meet the Intent of the IPUD
zoning dIstrict. If the Community Redevelopment Agency Board or the City CommissIon
recommends conditions associated with this land use amendment I rezoning request, they will
be Included wIthin Exhibit "B". .
S:\PIa_\SHARED\WP\PROJECT5\H...." Cloy\WAR 06-009\Sla........doc
LOCATION MAP
Harbor Cay
Exhibit "A"
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EXHIBIT "B"
Conditions of Approval
Project name:
File number:
Rf1
Harbor Cay
LUAR 06-009
S if rtM
d
P&Z 06-061
e erence: ta Le))Or emoran um
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS
Comments: None X
UTILITIES
Comments: None X
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTERlENVlRONMENTALIST
Comments: None X
PLANNING & ZONING
Comments:
1. The building setback in the accompanying site plan (NWSP 06-011) does X
not mirror the rear setback of the adjacent residential lot and therefore,
does meet complY with the~uirements of the !PUD zoning district. The
Page 2
Yachtsman's Cove
File No.: LUAR 06-003
DEPARTMENTS INCLUDE REJECT
setback of Building 5 shall be 20 feet from the south property line unless a
variance reouest to Drovide less seuaration distance is aUDroved.
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY
COMMENTS:
Comments:
2. None X
ADDITIONAL CITY COMMISSION COMMENTS:
Comments:
3. To be determined.
S,IPlanningISHAREDlWPIPROJECfSlHarbor CayILUAR 06-OO9\COA.doc
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XII. - LEGAL
DEVELOPMENT
CITY OF BOYNTON BEACH ITEM A.7
AGENDA ITEM REQUEST FOR1\'.
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Musl be Turned
Meeting Dates in to City Clerk's Office MeetiOl! Dates in to City Clerk's Office
D April 4, 2006 March 20, 2006 (Noon.) D June 6. 2006 May 15, 2006 (Noon)
D April 18,2006 April 3, 2006 (Noon) D June 20, 2006 June 5, 2006 (Noon)
D May 2, 2006 April 17,2006 (Noon) D July 5. 2006 June 19,2006 (Noon)
[2J May 16,2006 May 1, 2006 (Noon) D July 18, 2006 July 3, 2006 (Noon)
(,,-;
D Administrative D Development Plans
NATURE OF D Consent Agenda D New Business
,
AGENDA ITEM [2J Public Hearing [2J Legal ::1
-
D D .. 1~.';
Bids Unfinished Business ~ -,
::.:::
D Announcement D Presentation
D City Manager's Report
RECOMMENDATION: Please place this request on the May 16, 2006 City Cormnission Agenda under Legal,
Ordinance - Second Reading to coincide with the corresponding land use amendment and rezoning requests. This item was
tabled by the City Cormnission on May 2, 2006, to allow consideration of the corresponding items for land use and rezoning
prior to hearing the site plan request. For further details pertaining to the request, see attached Department Memorandum
No. 06-061.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Harbor Cay (NWSP 06-011)
Robert K, Brooks, Jr., RKB Architects Planners, Inc.
Harbor Cay, LLC
East side of Federal Highway approximately 160 feet north of Gateway Boulevard
Request new site plan approval to construct 23 fee-simple townhouse units. swirmning
pool and related site improvements on a 1.429-acre parcel in the IPUD zoning district.
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
Developme City Manager's Signature
'LJ ~ tJ ~
Planning and oniJfi~irector City Attorney / Finance / Human Resources
S:\Planning\SHARED\WP\PROJECTS\Harbor Cay\NWSP 06~011\Agenda Item Request Harbor Cay NWSP 06-011 5-16-06.dot
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
I RESOLUTION NO. R06-
2
3 A RESOLUTION OF TilE CITY OF BOYNTON
4 BEACH, FLORIDA, APPROVING A NEW SITE PLAN
5 FOR PROPERTY LOCATED AT THE EAST SIDE OF
6 FEDERAL HIGHWAY APPROXIMATELY 160 FEET
7 NORTH OF GATEWA Y BOULEVARD; AND
8 PROVIDING AN EF'FECTlVE DATE.
9
10 WHEREAS, the City Commission has reviewed an application for site plan
I t approval submitted by Ilarbor Cay LLC, for property located on the east side of Federal
t 2 Highway, approximately 160 feet north of Gateway Boulevard and finds that all conditions
t3 precedent for consideration of the site plan have occUlTed; and
14 WHEREAS, following a quasi-judicial hearing the City Commission finds that the
15 site plan complies with the City's land development regulations, subject to the conditions of
16 approval set forth in the Development Order attached hereto as Exhihit "An; and
]7 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
t 8 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
19
Section 1.
The foregoing "WHEREAS" clauses are true and correct and
20 hereby ratified and confirmed by the City Commission.
2]
Section 2.
The City Commission of the City of Boynton Bcach hcrcby
22 approves the site plan presented to the City Commission on the date shown helow,
23 suhjeet to the Conditions of Approval set forth in the Development Order attached hereto
24 as Exhibit "An.
25
Section 3.
This Resolution will become effective immediately upon passage.
S:',{'A \R: LS{ )\Site plan Approval - II<lhor ('ay.doc
PASSED AND ADOPTED this _ day of May, 2006.
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ATTEST:
City Clerk
(Corporate Seal)
S:\CA \RESO\Site phm Approval - Habor Cay.doc
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
- - -- - - n._... _. ,_~" __I . I IL.;. ""I I "'VIVJMI~'::;IUN Uf" THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Harbor Cay
APPLICANT'S AGENT: Mr. Richard K. Brooks Jr., AlA, NCARB I RKB Architects Planners, Inc.
APPLICANT: Harbor Cay, LLC
APPLICANT'S ADDRESS: 2633 Lantana Road, Suite 44 Lake Worth, Florida 33462
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION:
May 2. 2006
TYPE OF RELIEF SOUGHT: Request new site plan approval to construct 23 fee-simple townhouse
units on a 1.429-acre parcel in the IPUD Infill Planned Unit Development
zoning district.
LOCATION OF PROPERTY: On the east side of Federal Highway, approximately 160 feet north of
Gateway Boulevard (see Exhibit "A" - Location Map)
DRAWING(S): SEE EXHIBIT"B" ATTACHED HERETO.
THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the pUblic finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's land Development Regulations.
2. The Applicant
HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "C" with notation "Included".
4. The Applicant's application for relief is hereby
- GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms
and conditions of this order.
7. Other
DATED:
City Clerk
S:\P1anllml'SHAJlED\wP\PROJECTS\Hirbor C.Y\NWSP O6-011\DO.00e
TO:
THRU:
FROM:
DATE:
PROJECT NAME/NO:
REQUEST:
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DMSION
MEMORANDUM NO. PZ 06-065
STAFF REPORT
Chair and Members
COmmunity Redevelopment Agency Board and City Commission
Michael Rumpf
Planning and Zoning Director
Eric Lee Johnson, AICP r)
Planner (}'
April 6, 2006
Harbor Cay / NWSP 006-011
New Site Plan
PROJECT DESCRIPTION
Property Owner: Harbor Cay, LLC
Applicant: Harbor Cay, LLC
Agent: Mr. Richard K. Brooks Jr., AlA, NCARB
Location: On the east side of Federal Highway, approximately 160 feet north of
Gateway Boulevard (Exhibit "A")
Existing Land Use: Local Retail COmmercial (LRe) and Low Density Residential (LOR)
Existing Zoning: COmmunity COmmercial (C-3) and Single-family Residential (R-l-AA)
Proposed Land Use: Special High Density Residential (SHDR - 20 dwelling units per acre)
Proposed Zoning:
Proposed Use:
Acreage:
Adjacent Uses:
North:
South:
Infill Planned Unit Development (IPUD)
23 fee-simple townhouse units at 16.09 dwelling units per acre
1.429 acres (62,256 square feet)
To the north is developed multi-family residential property (Inlet Harbor
Oub), dasslfled Recreational (R) and High Density Residential (HDR) land
use and zoned Recreation (REC) and Multi-family Residential (R-3);
To the south is developed commercial property (Gateway Shell), dassffied
Staff Report - Harbor Cay (NWSP 06-011)
Memorandum No PZ 06-065
Page 2
Local Retail COmmercial (LRC) land use and zoned COmmunity
COmmercial (C-3); to the southeast Is developed single-family residential,
classified Low Density Residential (LOR) and zoned Single-family
Residential (R-1-AA);
East:
To the east is developed and vacant single-family residential, classified
Low Density Residential (LDR) and zoned Single-family Residential (R-l-
AA); and
West:
Right-of-way for Federal Highway, then farther west Is right-of-way for
the Aorida East Coast (FEe) railroad.
PROPERTY OWNER NOTIFICATION
Owners of properties within 400 feet of the subject site plan were mailed a notice of this request and its
respective hearing dates. The applicant certifies that they posted signage and mailed notices in
accordance with Ordinance No. 04-007.
Site Characteristic: The subject property is comprised of several lots that form a 1.429-acre parcel.
This parcel lies within Planning Area I of the Federal Highway COrridor Community
Redevelopment Plan and within the boundaries of the COmmunity Redevelopment
Agency area. The survey shows the lots are currently developed with one (1)-story
buildings, parking areas, and utility lines. The highest ground spot-elevation is
9.10 feet above sea-level, located near the west property line along Federal
Highway. Lakeside Harbor Drive, a private right-of-way, cuts through the center of
the subject property in order to prOVide perpetual access to the existing homes of
the sam Brown Jr. Hypoluxo subdMsion. A two (2)-inch potable water line and a
gravity sanitary sewer main are located within this east-west right-of-way. The
property lies within two (2) zoning districts, namely the COmmunity Commercial (C-
3) and Single-family Residential (R-l-AA) districts. The survey shows that a
security gate for the existing residences along lakeside Harbor Drive is culTently
located near the center of the subject property along lakeside Harbor Drive. The
site plan does not make provisions for a new location and staff notes that a future
request for restricted access to the homes of the sam Brown Jr. Hypoluxo
subdivision may not be feasible If located off-site.
BACKGROUND
Proposal:
Mr. Richard K. Brooks Jr., agent for Harbor cay, LLC is proposing a new site plan
for 23 fee-slmple townhouse units. As previously mentioned, the subject parcellS
located within Planning Area I of the Federal Highway Corridor Community
Redevelopment Plan. The Redevelopment Plan allows for higher residential
densities within this area, above the wrrent density of 10.8 dwelling units per acre
allowed by the Local Retail Commercial (LRC) land use dasslflcatlon. As such, the
developer Is simultaneously requesting to reclassify the land use from LRC and Low
Density Residential (LOR) to SpecIal High DensIty Residential (SHDR) and rezone
from C-3 and R-1-AA to Infill Planned Unit Development (IPUD). Therefore,
approval of this project is contingent upon the approval of the corresponding
Staff Report - Harbor Cay (NWSP 06-011)
Memorandum No PZ 06-065
Page 3
Concurrency:
Traffic:
Utilities:
request for land use change and rezoning (LUAR 06-009). It should be noted that
lakeside Harbor Drive would stili remain as a private right-of-way for perpetual use
by all property owners.
fee-simple townhouses are permitted uses in the IPUD zoning district. Under the
SHDR land use category, the maximum allowable density Is 20 dwelling units per
acre, which would allow up to 28 dwelling units on this particular site. However,
the project proposes a total of 23 dwelling units, which equals a density of 16.09
dwelling units per acre. It should be noted that the site plan earmarks several
properties located In the Sam Brown Jr. Hypoluxo subdivision as Phase II.
However, no development application has been formally submitted to the aty and
therefore, these notes would have to be removed from the site plan (see Exhibit
"C" - Conditions of Approval).
ANALYSIS
A traffic impact statement was sent to the Palm Beach County Traffic Division for
concurrency review in order to ensure that an adequate level of service exists to
serve the subject project. The Palm Beach County Traffic Division determined that
the proposed redevelopment project meets the Traffic Performance Standards of
Palm Beach County. The traffic concurrency approval is subject to the Project
Aggregation Rules set forth in the Traffic Performance Standards Ordinance and no
building permits are to be issued after the build-out date of 2009 (see Exhibit "C"-
Conditions of Approval).
The Oty's water capacity, as Increased through the purchase of up to 5 million
gallons of potable water per day from Palm Beach County Utilities, would meet the
projected potable water for this project (the project is estimated to require a total
of 9,900 gallons per day). Local piping and infrastructure Improvements may be
required, especially on the water delivery system for the project, depending upon
the final project configuration and fire-flow demands. These local Improvements
would be the responsibility of the site developer and would be reviewed at the time
of permitting. Sufficient sanitary sewer and wastewater treatment capacity Is
currently available to serve the projected total of 4,500 gallons per day, subject to
the applicant making a firm reservation of capacity, following approval of the site
plan (see Exhibit "C" - Conditions of Approval).
Police I Fire: Staff reviewed the site plan and determined that current staffing levels would be
sufficient to meet the expected demand for services.
Drainage: Conceptual drainage Information was provided for the Oty's review. The
Engineering Division has found the conceptual Information lD be adequate and Is
recommending that the review of specific drainage solutions be deferred until time
of permit review. All South RoI1da Water Management DIstr1ct permits and other
drainage related permits must be submitted at time of building permit (see Exhibit
"C" - Conditions of Approval).
Staff Report - Harbor Cay (NWSP 06-011)
Memorandum No PZ 06-065
Page 4
School:
Driveways:
The Palm Beach County School District has approved the request for a concurrency
determination for 23 dwelling units. The Concurrency Determination Is valid for
one (1) year from the date of issuance (March 31, 2007) and would continue to be
valid for the life of the development order.
The site plan shows that the project would have one (1) point of ingress / egress
along Federal Highway, utilizing the existing right-of-way of lakeside Harbor Drive.
The egress lane of lakeside Harbor Drive would provide right-turn (northbound)
traffic movements on Federal Highway. The survey shows that lakeside Harbor
Drive currently has a paved surface width of 17 feet. No ultimate rights-of-way
lines are shown on the survey. As part of the site plan, the applicant requested a
waiver from Chapter 2, Section 5.L4.h.(1) of the Land Development Regulations to
reduce the required width of the Lakeside Harbor Drive right-of-way from 40 feet to
35 feet. Ukewlse, the applicant requested a waiver from oty Standard Detail P-1 to
reduce width of the travel lanes of the Internal drive aisles from 11 feet to 10 feet
for one (l)-way traffic movements and from 22 feet to 20 feet for two (2)-way
traffic movements. Staff analyzed the applicant's waiver requests and concurred
with the justification for reduced widths of paved surfaces. It should be noted that
when the project is completed, the roadway improvements made to Lakeside
Harbor Drive would result In a 35-foot ultimate wide right-of-way with an actual
paved surface width of 20 feet. As previously mentioned, lakeside Harbor Drive
would stili provide perpetual access to the existing homes of the Sam Brown Jr.
Hypoluxo subdivision.
The street system within the development is generally proposed in a linear fashion
with the main east-west roadway of Lakeside Harbor Drive extending through the
center of the project with smaller segments of north-south drive aisles proposed at
the rear of each building. The site plan proposes that each two (2)-way drive aisles
not associated with Lakeside Harbor Drive would have ll-foot wide travel lanes
instead of 12 feet because the approval of the above-mentioned waiver. However,
a backup distance of 24 feet would still be maintained to allow safe entry / exit Into
each garage. The applicant will be required to apply for additional waiver to reduce
the width of the secondary roadways not associated with Lakeside Harbor Drive
(see Exhibit~C" - Conditions of Approval).
AU of the underground infrastructure (I.e. potable water lines, sanitary sewer lines)
would be placed underneath the street network, Internal to the development Also,
residents would access their garages via these drive aisles. The back-up distance
behind each unit would be such to allow for easy vehicular access Into each unit's
garage. The sidewalks are proposed separately from the street system to ensure
the safety of each pedestrian. However, the site plan appears defident with
regards to pedestrian drculatlon due to the lack of sidewalks provided for Building 5
and Building 6.
Parking Fadlity: Two (2) and three (3) bedroom dwelling units reqUire two (2) parking spaces per
unit. The project proposes 23 dwelling units. All units would have two (2)-
bedrooms and a bonus room that can be used as a third bedroom. Therefore,
based upon the above-referenced number of units, the project requires a total of 46
Staff Report - Harbor Cay (NWSP 06-011)
Memorandum No PZ 06-065
Page 5
parking spaces. The site plan shows that each unit would have a two (2)-car
garage, which would thus equate to providing 46 parking spaces. The size of each
unit would vary but generally, each garage would be dimensioned 19 feet In width
by 20 feet in depth. However, the Roor Plan of Unit "C" shows that the garage
would be 17 feet In depth. There Is no Land Development Regulation, Engineering
Standard, or Rorida Building Code reqUirement for minimum garage depth that
precludes the less than 18-foot garage depth.
The site plan also proposes two (2) 90-degree parking spaces and four (4) parallel
parking spaces. The 90-degree parking stall would be dimensioned nine (9) feet In
width by 18 feet In length. The handicap parking spaces would be dimensioned 12
feet in width (with extra 5-feet of striping) and 18 feet In length. The parallel
parking spaces are proposed on the north side of lakeside Harbor Drive. The site
pian does not indicate the dimensions of the parallel parking spaces. When scaled,
they appear to be at least 10 feet In width by 25 feet In length. However, the site
plan shows that one (1) of these parallel parking spaces is earmarked for the
location of roIl-out containers (for trash removal) for Building 2, Building 3, and
Building 4. This area would be large enough to accommodate the roll-out
containers but it cannot simultaneously be designated for guest parking as well.
This space which is earmarked for the roll-out containers would result in the
elimination of at least two (2), possibly three (3) guest parking spaces. At the time
of permitting, the location for the roll-out container as shown on the site plan would
have to be modified and reconfigured to meet the appropriate space needed to
accommodate 12 roll-out trash containers (see Exhibit ~C" - Conditions of
Approval). Staff acknowledges that this Is not the optimum location for the trash
receptades because they would be visible from Lakeside Harbor Drive. However,
staff also recognizes that concessions have to be made with higher density,
redevelopment, and Infill projects. For example, staff agrees that large arl-de-sacs
are not needed at the dead-ends of these north-south drive aisles proposed behind
Building 2, Building 3, and Building 4. In many cases, providing large vehicular use
areas In smaller projects would be contradictory to urban Infill and redevelopment
efforts. However, these concessions sometimes results In a lack of space provided
for large service vehldes such as garbage trucks and fire engines. While the
project would be safe in terms of emergency and fire-rescue, It is the intent of staff
to strtke the delicate balance between aesthetics and function. In this case,
aesthetics would be compromised on trash pick-up days. The site plan aiso
designates a space along the south side of lakeside Harbor Drive near the
recreation area. Staff understands that this would be the temporary location for
the roll-out containers for Building 1, Building 5, and Building 6. Again, the roIl-out
containers would only be In this visible location on trash pick-up days. This
southern location would not be as effident as the northern one because the
garbage trucks are right-loaded and would have to make multiple turning
movements In order to access these receptades If placed at this partlarlar location.
Furthermore, the size of the space is too small In Its arrrent configuration to
accommodate the roIl-out containers for 11 units. It would require additional space
thereby eliminating most of the landscape strip of Lakes/de Harbor Drive near the
pool area. It would make more sense to have the roIl-out containers placed In the
driveways of Building 1, Building 5, and Building 6 on trash days.
Staff Report - Harbor Cay (NWSP 06"()11)
Memorandum No PZ 06-065
Page 6
Landscaping:
The site plan proposes several driveway spaces in front of the garages of Building
1, Building 5, and Building 6. They would be at least 18 feet in length and 20 feet
in width. However, in some areas, the back-up distance behind each driveway
space Is less than 24 feet and would not meet current engineering standards.
Therefore, these parking spaces cannot be counted toward meeting the total
number of required or provided parking spaces. At the time of permitting, the site
plan wouid have to be modified to eliminate the designation of "driveway space" for
those driveway spaces with deficient back-up dimensions (see Exhibit 'c" _
Conditions of Approval). Even though the site plan designates multiple driveway
spaces, it appears that only six (6) of them would meet current engineering
standards. Therefore, combining the garage spaces, driveway spaces, parallel
spaces, and 9O-degree spaces, the site plan would provide for a total of 56 parking
spaces or an excess of 10 parking spaces.
The site plan tabular data indicates that 9,939 square feet (0.228 acres) or 16% of
the site would be pervious surface. The plant list Indicates the landscape plan
would provide a total of 48 canopy trees, all of which, would be native. The plant
list indicates that 10 or 13% of the 76 palm trees would be native. Also, the
landscape plan would contain 2,080 shrubs / groundcover plants, of which 314
(15%) would be native. At the time of permitting, at least fifty percent (50%) of
the palm trees and shrubs / groundcover would have to be native spedes (Chapter
7.5, Article II, Section 5.P). The tree species wouid include the following: Florida
Royal palm, Montgomery palm (double-trunked), Coconut palm, Christmas palm,
Dahoon Holly, "High Rise" Uve Oak, Orange Geiger, and Silver Buttonwood. Staff
recommends that the lands remaining outside the Individual fee-simple area be
under the control of the Homeowner's Association to ensure proper maintenance of
the buffer areas (see Exhibit "C" - Condition of Approval).
The Comprehensive Plan requires the conservation of potable water and specifically
that potable water not be used for landscape Irrigation where other sources are
readily available. However, it Is likely that well water cannot be Utilized for this
particular project due to the saltwater intrusion that occurs near the coast,
especially In areas east of Federal Highway. A water-use permit from the South
Rorida Water Management District Is required for an Irrigation system that Utilizes
water from a well or body of water as Its source. A note on the landscape plan
Indicates that the Irrigation plans shall be designed so that turf and bedding plant
areas are on separate zones and time duration for water conservation. This is
required at the time of permitting.
Project compatibility Is judged on how well the proposed development fits within
the context of the neighborf1ood and abutting properties. The applicant provided a
colored elevation drawing (sheet A2.1) that shows how the project would appear
from Federal Highway. The landscape plan shows that the west landscape buffer
would be five (5) feet In width and contain either cIoubIe-trunked Montgomery palm
or s1ngle-trunked Christmas palm trees. Overhead wires are located above the
entire west property line so the choice and quantity of landscape rnarenal is limited.
However, staff recommends Incorporating additional small growing palm or canopy
Staff Report - Harbor Cay (NWSP 06-011)
Memorandum No PZ 06-065
Page 7
trees Into the west landscape buffer In order to further breakup the Impact of a
three (3)-story building proposed five (5) feet from the property line or Install the
overhead power line underground so that there would be no conflict with the
landscaping (see Exhibit "C" - Condition of Approval). Curly Boy Red Croton and
Purple Heat would be Installed along the base of the townhomes that front along
Federal Highway. The main entrance at lakeside Harbor Drive would have
signature trees and a row of Rorlda Royal palm trees.
The east landscape buffer would vary in width, from five (5) feet at Its narrowest
point to 10 feet at Its widest point The narrower portion is proposed north of
lakeside Harbor Drive and the wider portion Is proposed south of lakeside Harbor
Drive where the project abuts single-family homes to the east. In deference to the
existing conditions, staff requested the developer provide an additional drawing of
the east building elevations as they would be viewed from the adjacent residential
properties. Staff also requested that a supplemental drawing depicting the
townhouse buildings in the background with the proposed masonry wall and trees
in the foreground. However, no plans were submitted. The site plan shows that a
masonry wall, six (6) feet In height would be located along the entire east property
line adjacent to the residential lots In the R-l-M zoning district. Typically, a buffer
wall is setback two (2) feet from a property line, In part, for maintenance purposes.
However, in this case, the wall would be located directly along the east property
line. The masonry wall will help buffer the subject property from the residential
neighborhood as well as to help prevent the intrusion of automobile headlights into
neighboring properties from parking areas and driveways. However, staff
recommends that a formal agreement be executed with the adjacent property
owners regarding maintenance of the "outside" of the wall since the wall Is
proposed so dose to the property line (see Exhibit "e" - Conditions of Approval).
The landscape plan proposes four (4) "High Rise" live Oaks and four (4) Dahoon
Holly trees directly east of Building 5 (at the southeast comer of the property within
the la-foot wide buffer south of lakeside Harbor Drive). Also, four (4) "High Rise"
live Oak trees are proposed within the landscape buffer east of Building 4, north of
lakeside Harbor Drlve. As previously mentioned, this portion of the east landscape
buffer Is narrower than the other. The "High Rise" live Oak trees are proposed 20
feet on center within this buffer. However, staff recommends Inserting a Dahoon
Holly tree between each "High Rise" live Oak tree to lessen the Impact of the three
(3)-story building adjacent to the single-family neighborhood (see Exhibit "c" _
Conditions of Approval).
The site plan shows that the north landscape buffer (adjacent to the Inlet Harbor
Oub) would be five (5) feet In width. This buffer would contain a row of Orange
GeIger trees. These trees were chosen because they are small-growing and would
not conflict with the overhead FP&L power lines. The six (6) foot tall masonry wall
would run along the north property line as well.
The width of the south landscape buffer woukI vary between five (5) feet at Its
narrowest point and 10 feet at the widest. The widest point would occur south of
Building 5, adjacent to the slngle-famfly zoning distrlct. Four (4) Orange GeIger
trees are proposed east of Building 5. Again, they were chosen for this location
Staff Report - Harbor Cay (NWSP 06-011)
Memorandum No PZ 06-065
Page 8
due to the presence of overhead power lines. Orange Geiger trees are also
proposed along the entire south property line.
Building and Site: As previously mentioned, the applicant Is requesting to rezone the property to the
IPUD zoning district and develop at a density of 16.09 dwelling units per acre. The
23 dwelling units are proposed within six (6) separate buildings on the 1.429-acre
site. Each building would contain four (4) units, with the exception of one (1)
building, which proposes three (3) units. The floor plans propose three (3) models
types, ranging from 2,534 square feet to 2,599 square feet of "total a/c area". All
units would have two (2)-bedroom units and a bonus room that can be used as a
third bedroom.
The IPUD zoning district allows buildings to reach a maximum height of 45 feet.
However, a lesser building height could be imposed If compatibility with the
adjacent properties would be in jeopardy. The code defines building height as
follows: The vertical distance In feet measured from the lowest point at the
property line of an adjacent property or from the minimum base flood elevation as
established by FEMA, whichever Is highest, to the highest point of the roof for flat
roofs, to the deck line for mansard roofs and parapet roofs with parapets less than
five (5) feet In height. Gable and hip roof heights shall be measured to the
midpoint between the eaves and the ridge. The elevations show that all buildings
would be three (3) stories in height, the tallest of which would be approximately
37 Inches in height measured at the mid-point of the pitched roof. The building
Identified as Building 5 is proposed at the southeast comer of the property and
adjacent to an existing single-family detached home that lies within the R-l-M
zoning district. During the review process, staff recommended reducing the height
of Building 5 from three (3) stories to two (2) stories or at the very least, to design
the eastern portion of Building 5 as a two (2)-story structure, because compatibility
with the adjacent single-family detached home was a concern. However, the
applicant instead chose to design the building with a flat roof rather than heeding
staffs recommendation. The elevations of Building 5 show that it would have a
flat roof with the top of the parapet wall proposed at 30 feet In height All
buildings would comply with the 45-foot height limitation of the IPUD zoning
district. However, staff opines that the proposed height and setback of Building 5
would be Incompatible with that of the abutting single-family residence. The
setback will be discussed in more detail In the following paragraph. Again, the Oty
Is not obligated to approve the requested Intensity and design of said development
If compatibility with adjacent properties becomes an issue.
The IPUD zoning district perimeter setbacks shall mirror setbacks of adjacent
zoning distrlcl(s) but with a minimum of the setback required for a single-family
residence as determined by the orientation of the structures in the IPUD (Chapter
2, Section 5.L3.). The property to the north Is zoned Reaeation (REC), and
appears to be a part of the Inlet Harbor Oub Condominium. The side yard setback
of the REC zoning district is 25 feet. The site plan proposes a setback of five (5)
feet from the north property line. Compatibility between the subject property and
the property to the north Is not an Issue because the townhouse building would
abut open space. The property to the southwest Is zoned Community Commercial
Staff Report- Harbor Cay (NWSP 0lHl11)
Memorandum No PZ 06-065
Page 9
(C-3) and has been developed with a gas station (Gateway Shell). The side
setback of the C-3 zoning district Is zero (0) feet. The site plan proposes a setback
of five (5) feet from the south property line and therefore, would be acceptable.
The property to the southeast Is zoned Single-family Residential (R-1-AA) and
developed with a home. The rear setback of the R-1-AA zoning district Is 20 feet.
The site plan shows that Building S would be setback 10 feet from the south
property line. Therefore. the --"'ck of Bulldlna 5 shall be lnaeased from
10 feet to 20 feet to mirror the reaulred setback of the adjacent home
(see Exhlbit"C'" - COnditions of ADDrovan. Approval of the site plan as
currently designed would necessitate the approval of a zoning code variance (see
Exhibit ~C" - Conditions of Approval). The side setback of the R-1-AA zoning
district Is 10 feet The site plan proposes a setback of 10 feet from the east
property line. However, it should be noted that a structure on the perimeter of an
IPUD project that is adjacent to an existing single-family neighborhood must
adhere to additional setback requirements. The IPUD regulations reqUire an
additional one (l}-foot buliding setback for each one (1) foot In building height that
exceeds 30 feet, regardless of whether or not a abutting lot Is vacant or developed
with a single-family detached home. Originally, the applicant proposed Building 5
with a pitched roof that would have been 41 feet - six (6) inches in height. This
would have required Building 5 to be setback at least an additional 11 feet - six (6)
Inches. This extra setback requirement was the primary reason why the applicant
chose to design the building as a flat-roofed three (3)-story building. It should be
noted that according to Chapter 2, Section S.L.4.g.(2), if vegetation, screening or
other barriers and / or creative design on the perimeter of an IPUD achieve
compatibility with adjacent uses, the city may grant some relief from the extra
setback. Land to the west is right-of-way for Federal Highway. The site plan
proposes a setback of five (5) feet along the west property line. This minimal
setback from the street Is consistent with the intent of the IPUD zoning district.
The main recreation area would be located near the center of the site, just south of
Lakeside Harbor Drtve. It would Indude a swimming pool and a wood trellis. The
pool trellis detail shows that It would be eight (8) feet - six (6) inches In height.
The southern portion of the trellis would be designed as part of the pool fence. As
previously mentioned, a masonry wall six (6) feet In height would be located along
the north, south, and east property lines.
The Perimeter Fence Wall Detail shows that it would have a stucco finish with .
decorative banding. No colors were proposed. Therefore, staff recommends that
the color of the masonry wall be compatible with the color(s) proposed for the
townhouse buildings (see Exhibit "C" - Conditions of Approval).
The IPUD zoning district requires 200 square feet of usable open space per
dwelling unit The plan proposes 23 dwelling units, and therefore, 4,600 square
feet of usable open space Is required (Olapter 2, SectIon S.L3.). The applicant
has Informed staff that the plan provides 4,600 square feet of usable open space
but that the actual area Is itemized In the tabular data as "open area", which would
be synonymous to the code required usable open space. However, at the time of
permitting, the site plan tabular data will be have to be changed to Indicate that
Staff Report - Harbor Cay (NWSP 06"()11)
Memorandum No PZ 06-065
Page 10
Design:
4,600 square feet of usable open space Is required and has been provided. As
certified by the applicant, the pool area in conjunction with the open spaces
proposed between "Building 3" and "Building 4" were calculated in meeting the
usable open space reqUirement of the IPUD zoning district. It should be noted that
the site plan In conjunction with the Patio Wall with Trellis Detail show that three
(3)-foot tall knee walls are proposed within the usable open space areas between
"Building 3" and uBuildlng 4". While these are attractive amenities, they give the
appearance that each unit would have a private courtyard. They function as
barriers between pr1vate and public space and therefore, these private courtyards
are contrary to the Intent of the usable open space requirement of the IPUD zoning
district. Staff recommends eliminating the small knee wails from the design of the
usable open space areas (see Exhlblt"C" - Conditions of Approval).
The proposed townhouse buildings have hints of Spanish-Mediterranean accents In
the contemporary / modem design. All buildings, with the exception of Building 5
would have large cupolas on the roof, which would be adorned with Spanish s-
tiles. Other accents on all buildings include the following: decorative banding,
stone veneer, horizontal trim, and silhouette at entrances, metal frames, tile
inserts, wood fascia at roofs, and decorative garage doors. The project proposes
multi-colored buildings consisting of the follOWing Sherwin Williams paints:
Color code Paint Name Color Location
SW 6148 Wool Skein Off-white Building Shell
SW 6147 Panda White Cream Horizontal trim and
silhoutte
SW 6479 Drizzle Ught teal Metal frame
SW 6061 Tanbark Brown Wood fasda at roofs
SW 6059 Interface Tan Ught brown Garage doors
SW 6489 Reallv Teal Teal Metal Entrance arch
Signage:
The elevations show that each building would have blue colored awnings. A metal
decorative archway Is proposed over Lakes/de Harbor Drive between "Building 1"
and "Building 2". The elevations Indicate that It would be 19 feet - six (6) Inches in
height at the middle of the right-Of-way. The site plan shows the location of the
light poles but no photometric plans were Included within this submittal. At the
time of permitting, the photometric plan must demonstrate that lighting levels wfll
be adequate and not "spill" over onto adjacent properties (see Exhibit "C" _
Conditions of Approval). Similar to other recently approved townhouse projects,
the front doors of each unit are oriented towards the streets. Staff endorses how
the buildings "engage" the main streets.
No signage Is shown or proposed.
The newly adopted Art In Public Places ordinance requires all development,
redevelopment, reconstruction, or remodeling that has a construction value of
$2S0,000 or greater to participate In the program. The applicant Is responsible for
compliance with Ordinance OS-060 and must demonstrate their partldpation. As of
today, nothing has been submitted to the Oty. The Art Information Form must stili
Art:
Staff Report - Harbor Cay (NWSP 06-011)
Memorandum No PZ 06-065
Page 11
be completed prior to approval to Indicate the preliminary construction valuation,
and whether the developer will provide on-slte art, or opt to pay the fee-ln-lIeu of
providing project art (see Exhibit "C" - Conditions of Approval).
RECOMMENDATION:
Staff has reviewed this request for new site plan approval and Is recommending approval, contingent upon
the successful request land use amendment / rezoning (LUAR 06-009) and subject to satisfying all
comments Indicated In Exhibit "C" - Conditions of Approval. Staff acknowledges that there are
compatibility Issues with regard to the proposed building height and setback, and this recommendation of
approval Is contingent upon compliance with the Conditions of Approval that were crafted to achieve
compatibility. Any additional conditions recommended by the Board or Oty Commission shall be
documented accordingly in the Conditions of Approval.
S:\PIannlng\SHARED\WP\PROJECTS\Harbor Cay\NWSP 06-011\Staff Report.doc
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EXHBIIT "C"
Conditions of Approval
Project name: Harbor Cay
File number: NWSP 06-011
Reference: 2nd review plans identified as a New Site Plan with a March 14.2006 Planning & Zoning date
stamp marking.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS - General
Comments:
1. Provide a mmimum outside turning radius of 55 feet to allow turning X
movements for Solid Waste (and F ire/Rescue) inside the proposed
community. Using AutoTum (or similar), show on the plans that the required
turning movements are provided. Particular attention should be given to the
entryways and interior intersections to allow ingress and egress for Solid
Waste and Fire/Rescue.
2. Define "Limited Times Trash Control Pickup Area". More information/detail X
is needed on the plans regarding corralling the roll-out carts for pickup at the
two indicated locations for the dead-end roadways on the north side of
Lakeside Harbour Drive.
3. One (1) of the parallel parking spaces proposed along the north side of X
Lakeside Harbor Drive is earmarked as the location for trash-pick up for roll-
out containers for Building 2, Building 3, and Building 4. It should be noted
that this area may be designated for the roll-out containers but cannot
simultaneously be earmarked for the parking spaces as well; they cannot co-
exist. Furthermore, the plans lack detail when it comes to the removal of
trash. Therefore, the applicant would be required to designate this area
specifically for the roll-out containers. Another deficiency with the design is
that the designation of this space for the roll-out containers causes the
elimination of at least two (2) and possibly three (3) guest parking spaces. At
the time of pennitting, the roll-out container location shown on the site plan
would have to be modified and reconfigured to meet the appropriate space
needed to accommodate 12 roll-out trash containers.
PUBLIC WORKS - Traffic
Comments:
4. The minimum right-of-way width for an IPUD is 40 feet., with two (2) 12- X
feet paved travel lanes, but in no case less than two (2) 10- feet travel lanes
are to be provided. A waiver request has been made and approved to reduce
the right-of-way width from 40 feet to 35 feet. This revision has only been
made on Lakeside Harbor Drive. If the applicant wishes a further reduction
in right-of-way width on the remaining secondary roadways a second waiver
request needs to be made, so stating, with the required justification, for
review and resoonse.
COA
04/12/06
2
DEPARTMENTS INCLUDE REJECT
5. The main point of ingress / egress (at Lakeside Harbor Drive and Federal X
Highway) shall be widened to provide two (2) 12-foot lanes at the intersection
tapering to two (2) 10 foot lanes east of the intersection to provide a safer
entry for vehicles tuminl!; into the development from Federal Hil!;hway.
ENGINEERING DIVISION
Comments:
6. Please note that changes or revisions to these plans may generate additional X
comments. Acceptance of these plans during the Technical Advisory Review
Team (TART) process does not ensure that additional comments may not be
l!;enerated by the Connnission and at permit review.
7. Upon satisfactory Connnission approval of the site plan, the applicant shall X
enter the plat process through the City's Engineering Division. A preliminary
plat application may be initiated during the site plan review to expedite
issuance ofthe Land Development Permit.
8. Show sight triangles on the Landscape plans (LDR, Chapter 7.5, Article II, X
Section 5.H.) Reference FDOT Standard Index 546 for the sight triangles
along Federal Hil!;hway.
9. Provide an engineer's certification on the Drainage Plan as specified in LDR, X
Chapter 4, Section 7.F.2.
10. Indicate by note that catch basin and manhole covers shall be bicycle proof X
(LDR, Chapter 6, Article N, Section 5.A.2.l!;).
II. Insufficient elevation information was provided outside the property lines to X
establish historic flow patterns and how they will be accommodated by the
drainage design for this project. TIris information shall be provided so that an
evaluation mav be properly conducted.
12. Full drainage plans, including drainage calculations, in accordance with the X
LDR, Chapter 6, Article N, Section 5 will be required at the time of
permitting.
13. 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.
UTILITIES
Comments:
COA
04/12/06
3
DEPARTMENTS INCLUDE REJECT
14. 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 time line should be the date of City Commission approval. Also provide
milestone dates for permit application, the start of construction, and the
setting of the first water meter. This timeline will be used to determine the
adequacy of water and wastewater treatment capacity for your project upon
the project's completion, so please be as accurate as possible.
15. All utility easements 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 utilitv easements or public rights-of-way.
16. Palm Beach County Health Department permits will be required for the water X
and sewer systems serving this project (CODE, Section 26-12).
17. Fire flow calculations will be required demonstrating the City Code X
requirement of 1,500 g.p.m. (500 g.p.m. some residential developments) with
20 p.s.i. residual pressure as stated in the LDR, Chapter 6, Article IV, Section
16, or the requirement imposed by insurance underwriters, whichever is
greater (CODE, Section 26-16(b)).
18. The LDR, Chapter 6, Article IV, Section 16 requires that all points on each X
building will be within 200 feet of an existing or proposed fire hydrant.
Please demonstrate that the plan meets this condition, by showing all hydrants
existing and/or proposed for this project.
19. The CODE, Section 26-34(E) requires that a capacity reservation fee be paid X
for this project either upon the request for the Department's signature on the
Health Department application forms or within seven (7) days of site plan
approyal, whichever occurs first. This fee will be determined based upon
final meter size, or expected demand.
20. Comprehensive Plan Policy 3.C.3.4. requires the conservation of potable X
water. Due to the proximity of this project to the Intracoastal Waterway the
use of potable water may considered and will be evaluated at the time of
permitting.
21. Water and sewer lines to be owned and operated by the City shall be included X
within utility easements. Please show all proposed easements on the
engineering drawings, using a minimum width of 12 feet. The easements
shall be dedicated via separate instrument to the City as stated in CODE Sec.
COA
04/12/06
4
DEPARTMENTS INCLUDE REJECT
26-33fa)
22. This office will not require surety for installation of the water and sewer X
utilities, on condition that the systems be fully completed, and given to the
City Utilities Department before the first permanent meter is set. Note that
setting of a permanent water meter is a prerequisite to obtaining the
Certificate of Occunancv.
23. A building permit for this project shall not be issued until this Department has X
approved the plans for the water and/or sewer improvements required to
service this nroiect, in accordance with the CODE, Section 26-]5.
24. Service laterals can only be a maximum of ] oo-feet in ]enlrth. X
25. Utility construction details will not be reviewed for construction acceptability X
at this time. All utility construction details shall be in accordance with the
Utilities Department's "Utilities Engineering Design Handbook and
Construction Standards" manual (including any updates) and will be reviewed
at the time of construction oennit aoolication.
FIRE
Comments:
26. The NFP A 13R sprinklers are required inside all buildings that are three (3) X
or more stories.
POLICE
Comments:
27. It is recommended that a photometric light study be completed to show that X
standards are met and the site has safe Ii"htin" levels.
28. Show an necessary traffic control devices such as stop bars, stop signs and Do X
Not Enter silma"e on site nlans.
29. If <rated access, show location of visitor can box. X
BUILDING DIVISION
Comments:
30. The height and area for buildings or structures of the different types of X
construction shan be governed by the intended use or occupancy of the
building, and shan not exceed the limits set forth in Tab]e 503 of the 2004
FBC.
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DEPARTMENTS INCLUDE REJECT
31. Place a note on the elevation view drawings indicating that the exterior wail X
openings and exterior wall construction comply with 2004 FBC, Table 704.8.
or 2004 FBC, Residential, Section R302.2. Submit calculations that clearly
reflect the percentage of protected and unprotected wall openings permitted
~er 2004 FBC, Table 704.8 or 2004 FBC, Residential, Section R302.2.
32. General area modifications to buildings shall be in accordance with 2004 X
FBC, Section 506. Provide calculations verifYing compliance with the above
code sections and the 2004 FBC, Table 503.
33. 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 2004 FBC, Section 1609 (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.
34. Every building and structure shall be of sufficient strength to support the X
loads and forces encountered per the 2004 FBC. Section 1607 and Table
1607.1. Indicate the live load (pst) on the plans for the building design.
35. Buildings three-stories or higher shall be equipped with an automatic X
sprinkler system per F.S. 553.895. Fire protection plans and hydraulic
calculations shall be included with the building plans at the time of permit
application.
36. Add to all plan view drawings of the site a labeled symbol that represents the X
location and perimeter of the limits of construction proposed with the subject
r~uest.
37. At time of permit review, submit signed and sealed working drawings of the X
.JlT~osed construction.
38. Indicate the overall height of the leach building. X
39. At the time of permit review, submit details of reinforcement of walls for the X
future installation of grab bars as required by the FFHA, Title 24 CFR, Part
100.205, Section 3, Requirement #6. All bathrooms within the covered
dwelling unit shall comply.
40. Bathrooms and kitchens in the covered dwelling units shall comply with the X
FFHA, Title 24 CFR 100.205. Indicate on the plans which design
specification ("A" or "B") of the FFHA is being used. The clear floor space at
fixtures and appliances and turning diameters shall be clearly shown on the
plans.
41. If an accessible route has less than 60 inches clear width, then passing spaces X
at least 60 inches by 60 inches shall be located at reasonable intervals not to
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DEPARTMENTS INCLUDE REJECT
exceed 200 feet. A "T" -intersection of two corridors or walks is an acceptable
nassin!! nlace. 2004 FBC, Section 11-4.3.4.
42. Add to the submittal a partial elevation view drawing of the proposed X
perimeter screen wa1l. IdentifY the type of screen wa1l material and the type
of material that supports the screen wa1l, including the typical distance
between supports. Also, provide a typical section view drawing of the screen
wa1l that includes the depth that the screen wa1l supports are below finish
grade and the height that the screen wa1l is above fmish grade. The location
and height of the screen wa1l sha1l comply with the screen wa1l regulations
snecified in the Zoning Code.
43. 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. A water-use permit from SFWMD is required for an irrigation
system that utilizes water from a we1l or body of water as its source. A copy
of the permit sha1l be submitted at the time of permit application, F.S.
373.216.
44. If capital facility fees (water and sewer) are paid in advance to the City of X
Boynton Beach Utilities Department, the f01l0wing information sha1l be
provided at the time of building permit application:
A The fu1l name of the project as it appears on the Development Order and
the Commission-approved site plan.
B If the project is a multi-family project, the building number/s must be
provided. The building numbers must be the same as noted on the
Commission-approved site plans.
C The number of dwelling units in each building.
D The number of bedrooms in each dwelling unit.
E 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)
45. At time of permit review, provide a completed and executed CBB Unity of X
Title form. The form sha1l describe a1l10ts, parcels, or tracts combined as one
lot. A copy of the recorded deed with legal descriptions, of each property that
is being unified, is required to be submitted to process the form. The property
owner that is identified on each deed sha1l match.
46. At time of permit review, submit separate surveys of each lot, parcel, or tract. X
For purposes of seeing up property and ownership in the City computer,
provide a copy of the recorded deed for each lot, parcel, or tract. The recorded
deed sha1l be submitted at time of nennit review.
47. At time of building permit application, submit verification that the City of X
Boynton Beach Parks and Recreation hnpact Fee requirements have been
satisfied by a paid fee or conveyance of property. The f01l0wing infonnation
sha1l be nrovided:
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A A legal description of the land.
B The full name of the project as it appears on the Development Order and
the Commission-approved site plan.
C If the project is a multi-family project. the building number!s must be
provided. The building numbers must be the same as noted on the
Commission-approved site plans.
D The number of dwelling units in each building.
E The total amount being paid.
(CBBCO, Chapter I, Article Y, Section 3(1))
48. Pursuant to approval by the City Commission and all other outside agencies, X
the plans for this project must be submitted to the Building Division for
review at the time of permit application submittal. The plans must incorporate
all the conditions of approval as listed in the development order and approved
by the City Commission.
49. The full address of the project shall be submitted with the construction X
documents at the time of permit application submittal. If the project is multi-
family, then all addresses for the particular building type shall be submitted.
The name of the project as it appears on the Development Order must be
noted on the building Permit application at the time of application submittal. -
50. Show the proposed site lighting on the site and landscape plans (LDR, X
Chapter 4, Section 7.B.4). If possible, provide photo metrics as part of your
TART plan submittals.
51. Add to the site data the total area under roof of each residential building. X
Provide tabular area data for each floor of each building. The breakdown shall
include the following areas and each area shall be labeled on the applicable
floor plan drawing:
A Common area covered walkways;
B Covered stairways;
C Common area balconies;
D Entrance area outside of a unit;
E Storage areas (not part of a unit);
F Garages (not part of a unit);
G Elevator room;
H Electrical room;
I Mechanical room;
J Trash room;
K Mailbox pickup and delivery area; and
L Any other area under roof.
(Chapter 4 - Site Plan Review, Section 7.E.2 and 3)
52. If this project is located within the Downtown Stormwater hnprovement X
Watershed, appropriate fees must be paid to the City of Boynton Beach
Utilities Department prior to the issuance of a buildi~ permit per the
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CBBCO, Chapter 26, Section 26-406. Proof of payment shall be submitted to
the Building Division at the time of nennit annlication submittal.
PARKS AND RECREA nON
Comments:
53. Park Impact Fee - 23 single family, attached units @ $771.00/unit = X
$17,733.00 to be paid prior to initial permit
54. Please be advised that the planting of oak trees in small spaces is not X
recommended due to the large amount of damage received during Hurricane
Wilma.
55. Separate the plant list into trees, palms, shrubs and groundcover. X
FORESTER/ENVIRONMENT ALIST
Comments:
56. The Landscape Architect should tabulate the total diameter inches of existing X
trees on the site. The tabular data should show the individual species of trees
proposed to be preserved in place, relocated or removed and replaced on site.
The replacement trees should be shown by a separate symbol on the
landscape plan sheet I of I (Chapter 7.5, Article I Sec. 7.D.n. 2.).
57. If potable water is used, the use of drought tolerant plant species (per the X
South Florida Water Management District Manual) shall be maximized and
the irrigation system should have water conserving designs (such as a drip
SYStem), where possible. .
58. Trees with roots known to cause damage to public roadways or other public X
works, such as Ficus species, shall not be planted (Chapter 7.5, Article II,
Section 5.C.2.).
PLANNING AND ZONING
Comments:
59. Approval of this project is contingent upon the approval of the accompanying X
request for land use amendment 1 rezoning (LUAR 06-009),
60. On the site plan (sheet AO.O), eliminate the note "Future Phase II" because X
this property is not a part of the subiect nroiect.
61. In addition to the elevation pages that have been submitted, provide X
sunnlemental drawings of the east and south elevations of Building 5 that
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depicts the townhouse buildings in the background with plant material (trees)
proposed in the foreground proposed at the specifications at the time of their
installation. In addition, provide another drawing that shows same but with
the plant material at maturity.
62. Provide a scaled, cross-section drawing of "Building 5" that depicts the X
building height, proposed setbacks, buffer walls, trees, and adjacent
structures. If no adjacent structures are present, please graphically show the
required setbacks and maximum height of a home that could be built in the
future.
63. The traffic concurrency approval is subject to the Project Aggregation Rules X
set forth in the Traffic Performance Standards Ordinance and no building
permits are to be issued after the build-out date of 2009.
64. The IPUD zoning district perimeter setbacks shall mirror setbacks of adjacent X
zoning district(s) but with a minimum of the setback required for a single-
family residence as detennined by the orientation of the structures in the
IPUD (Chapter 2, Section 5.L.3.). The property to the southeast is zoned
Single-family Residential (R-l-AA) and developed with a home. The rear
setback of the R-I-AA zoning district is 20 feet. The site plan proposes a
setback of 10 feet, which is not compatible with the adjacent zoning district
and property. Building 5 must be setback a minimum of 20 feet from the
south property line prior to the issuance of any setbacks. Approval of the site
plan as currently designed would necessitate the approval of a zoning code
variance
65. The city is not obligated to automatically approve the level of development X
intensity request for the IPUD. Instead, it is expected to approve only such
level of intensity that is appropriate for a particular location in terms of land
use compatibilities (Chapter 2, Section 5.L.l.c.). Therefore. staff strongly
recommends limiting Building #5 to 2-stories rather than 3-stories,
eliminating the eastern portion of the 3"' stoty of Building #5, or increasing
the width of the east landscape buffer so that the setback of Building #5 is
eQuivalentto Building #3, Units 16 through 19.
66. The IPUD zoning district requires 200 square feet of usable open space per X
dwelling unit. The plan proposes 23 dwelling units, and therefore, 4,600
square feet of usable open space is required (Chapter 2, Section 5.L.3.). On
the site plan tabular data (sheet 101), please indicate that 4,600 square feet of
usable open space is required. The pool/clubhouse area may be used to meet
this requirement. It should be noted that the site plan in conjunction with the
Patio Wall with Trellis Detail show that three (3)-foot tall knee walls are
proposed within the usable open space areas between "Building 3" and
"Building 4". While these are attractive amenities, they give the appearance
that each unit would have a private courtyard. They function as barriers
between private and public space and therefore, these private courtyards are
contrary to the intent of the usable open space requirement of the IPUD
zoning district. Staff recommends eliminating the small knee walls from the
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design of the usable open space areas.
67. On the site plan tabular data, indicate proposed lot coverage per Chapter 4, X
Section 7. Note that lot coverage cannot exceed more than 50 percent
~Chapter 2, Section 5.L.).
68. All building elevations should graphically indicate the paint manufacturer's X
name and color codes on each drawing. Staff recommends using a color
schedule (Chapter 4, Section 7.D.).
69. The site plan proposes several driveway spaces in front of the garages. The X
plans show that they would be at least 18 feet in length and the same width as
the garage. However, the back-up distance is less than 24 feet and therefore,
not meeting current engineering standards. Therefore, these areas cannot be
counted as extra parking spaces. The site plan would have to be modified to
eliminate the designation of "driveway space" for those driveway spaces that
do not have at least 24 feet of back-up space. Staff will not consider these
tandem sPaces as legal parkin/( sPaces (for site plan purposes).
70. In order to ensure proper maintenance of the buffer areas; staff recommends X
converting them from private property to "buffer tracts" that would be owned
and maintained by the Home Owners' Association.
71. On the landscape plan, ensure that the plant quantities match between the X
tabular data and the graphic illustration. Also, please indicate the proposed
species and quantity on the landscape plan (sheet L2). This makes it much
easier to determine compliance with applicable codes.
72. All trees, if proposed as trees, must be at least 12 feet in height and three (3) X
caliper inches at the time of their installation (Chapter 7.5, Article II, Section
5.C.2.). This applies to the Green Malayan Coconut palm, Yellow Geiger
tree, and Li/(strum tree.
73. Fifty percent (50%) of all site landscape materials must be native species X
(Chapter 7.5, Article II, Section 5.P). Please categorize as follows: 1. Shade
trees, 2. Palm trees, 3. Shrubs & Groundcover. On the landscape plan,
indicate the total quantities within each category and their native percentages.
Also, staff recommends increasing the plant palette to provide for greater
variety of native material.
74. At the time of permitting, provide a drawing of a typical freestanding outdoor X
lighting pole. The typical drawing of the freestanding outdoor lighting poles
must include the color and material. The design, style, and illumination level
shall be compatible with the building design (height) and shall consider
safety, function, and aesthetic value (Chapter 9, Section 10.F.!.). A
minimum average light level of one (I) foot candle shall be provided, with no
more than 10% of the spot readings below one (I) foot candle and none
below V, foot candle (Chapter 23, Article II.A.!.a). The site plan shows the
location of the liJ(ht.JJOles but no photometric plans were included within this
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submittal. The photometric plan must demonstrate that lighting levels will be
adeauate and not "soill" over onto adiacent prooerties.
75. The applicant is responsible for compliance with Ordinance 05-060, the "Art X
in Public Places" program and must demonstrate their participation. As of
today, nothing has been submitted to the City. The Art Information Form
must still be completed prior to approval to indicate the preliminary
construction valuation, and whether the developer will provide on-site art, or
opt to pay the fee-in-lieu of providing project art.
76. The double-trunk Montgomery palm trees do not provide enough canopy X
spread to function as an upper level buffer between the subject properly and
the east properly line. Staff recommends substituting them with a native
canopy tree.
77. Overhead wires are located approximately four (4) feet west of the entire X
properly line along Federal Highway so the choice and quantity of landscape
material proposed within this landscape buffer is limited. However, staff
recommends incorporating additional small growing palm or canopy trees
into the west landscape buffer in order to further breakup the impact of a
three (3)-story building proposed five (5) feet from the west properly line or
install the overhead power line underground so that there would be no
conflict with the landscaoing.
-... -
78. The width of the east landscape buffer varies between five (5) feet and 10 X
feet. The narrower portion is proposed north of Lakeside Harbor Drive. Four
(4) "High Rise" Live Oak trees, spaced 20 feet on center are proposed within
the east landscape buffer, north of Lakeside Harbor Drive and east "Building
4n, Staff recommends inserting a Dahoon Holly tree between each of these
"High Rise" Live Oak trees to lessen the impact of the three (3)-storybuilding
which is orooosed adiacent to the sinl!le-familv neil!hborhood.
79. The subject site is located along Palm Tran Bus Route 1. Staff recommends X
installing an upgraded shelter if a Palm Tran stop is located along Federal
Highway, abutting the subiect project.
80. At the time of permitting, staff wants to ensure that the applicant has an X
explanation to or a formal agreement in place with the adjacent property
owners regarding the maintenance of the "outside" of the wall, since the wall
is proposed so close to the properly lines. However, if the developer can
demonstrate to staff that location of the wall is such that it does not require
traversing an adjacent property in order to maintain the "outside" of the wall,
then no formal agreement will be reauired.
81. No buffer wall color(s) were indicated on the Perimeter Fence Detail. X
Therefore, staff recommends that the color of the masonry wall be compatible
with the color(s) proposed for the townhouse buildinl!s.
82. Community Redevelopment Agency (eRA) staff recommends increasing the X
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size of the two (2) bougainvillea at both sides of the Federal Highway trellis
from eight (8) feet to 16 feet at time of installation.
83. Community Redevelopment Agency (CRA) staff recommends adding X
openings and architectural elements to north elevations of Units I and 5 and
south elevations of Units 4 and 8.
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY
COMMENTS:
Comments:
84. All buildings shall have similar roof designs. X
85. Applicant agreed to reduce the height of the southern unit in building #5 to X
two (2) stories.
ADDITIONAL CITY COMMISSION COMMENTS:
Comments:
85. To be determined.
MWR/elj
S:IPlanningISHARED\WPIPROJECTSlHaroor CaylNWSP OS-011ICOA.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Harbor Cay
APPLICANT'S AGENT: Mr. Richard K. Brooks Jr., AlA, NCARB I RKB Architects Planners, Inc.
APPLICANT: Harbor Cay, LLC
APPLICANT'S ADDRESS: 2633 Lantana Road, Suite 44 Lake Worth, Florida 33462
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION:
May 2, 2006
TYPE OF RELIEF SOUGHT: Request new site plan approval to construct 23 fee-simple townhouse
units on a 1.429-acre parcel in the IPUD Infill Planned Unit Development
zoning districl.
LOCATION OF PROPERTY: On the east side of Federal Highway, approximately 160 feet north of
Gateway Boulevard (see Exhibit "A" - Location Map)
DRAWING(S): SEE EXHIBIT"B" ATTACHED HERETO.
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 Cily Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2. The Applicant
HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "CO with notation "Included".
4. The Applicant's application for relief is hereby
_ GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the properly shall be made in accordance with the terms
and conditions of this order.
7. Other
DATED:
City Clerk
S:\PlanninglSHARED\WP\PROJECTS\H8rbor Cay\Nwsp 06-01 ]\00.00<:
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XII. -LEGAL
DEVelOPMENT
CITY OF BOYNTON BEACH ITEM A.S
AGENDA ITEM REQUEST FORl\.
Requested City Commission
Mcctine. Dates
Date Final Form Must be Turned
in to City Clerk's Office
Requested City Commission
Meetine Dates
Date final Form Must be Turned
in to City Clerk's Office
0 April 4, 2006
0 April 18,2006
0 May 2, 2006
[2J May 16,2006
March 20, 2006 (Noon.)
o June 6, 2006
o June 20, 2006
o
o
May 15,2006 (Noon)
April J, 2006 (Noon)
June 5, 2006 (Noon)
April 17, 2006 (Noon)
NATURE OF
AGENDA ITEM
o Administrative
o Consent Agenda
o Public Hearing
o Bids
o Announcement
o City Manager's Report
July 5, 2006 June 19,2006 (Noon)
. -~J -".",
July 18, 2006 July 3, 2006 (Noon)
0 Development Plans I
C,)
0 New Business
[2J Legal ',:>
0 Unfinished Business
, 'C>
0 Presentation '-~(J
May 1,2006 (Noon)
RECOMMENDATION: Please place this request on the May 16, 2006 City Commission Agenda under Legal,
Ordinance - Second Reading. The City Commission approved the subject request under Public Hearing and Legal,
Ordinance - First Reading on May 2,2006. For further details pertaining to the request, see attached Department
Memorandmn No. 06-068.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Hathaway Park Industrial Zone (LUAR 06-007)
Thomas F. Carney, Jr. Esq., The Carney Legal Group, P.A.
Robert Richardson, Jr. and Mark C. Daly
East side of Florida East Coast Railroad right-of-way, north and south ofSE 10'" Avenue
Request to amend the Comprehensive Plan Future Land Use Map from Local Retail
Commercial (LRC) to Industrial (I).
PROGRAM IMPACT: N/A
@i
Development epartment Dl~/l
k--tJ -2 vi--
Planning and %ning Director City Attorney I Finance / Human Resources
S:\Planning\SHARED\WP\PROJECTS\Hathaway Park LUAR\Agenda Item Request Hathaway Park LUAR 06-007 amend 5-16-06.dot
FISCAL IMPACT:
ALTERNATIVES:
~
City Manager's Signature
S:\I3ULLETIN\FORMS\AUENDA ITEM REQUEST FORM.DOC
1 ORDlNANO: NO, 06- Dt{t.f
2
3 AN ORDINANCE OF THE CITY OF BOYNTON
4 BEACH, FLORlDA, AMENDING ORDINANCE 89-38
5 BY AMENDING THE FUTURE LAND USE ELEMENT
6 OF THE COMPREHENSIV~~ PLAN FOR A PARCEL
./ OWNED BY ROBERT RICHARDSON, JR., AND MARK
8 C. DALY, AND LOCATED ON THE EAST SIDE OF
9 FLORIDA EAST COAST RAILROAD RIGHT-OF-WAY,
10 NORTH AND SOUTH OF SOUTHEAST JOTH A VENUE;
11 CHANGING THE LAND USE DESIGNATION FROM
12 LOCAL RETAIL COMM~=RCIAL (LRC) TO
13 INDUSTRIAL (I); PROVIDING FOR CONFLICTS,
14 SEVERABILITY, AND AN KFFl<:CTlVE DATE.
15
16 WHEREAS, the City Commission of the Cily of Boynton Beach, Florida has adopted
17 a Comprehensive Future Land Use Plan and as part of said Plan a Future I.and Use Element
18 pursuant to Ordinance No. 89-38 and in accordance with the Local Government
19 Comprehensive Planning Act; and
20 WHEREAS, the procedure for amendment of a Future Land Use Element of a
21 Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and
22 WHEREAS, aller two (2) public hearings the City Commission acting in its dual
23 capacity as Local Planning Agency and City Commission finds that the amendment
24 hereinafter set forth is consistent with the City's adopted Comprehensive Plan and deems it in
25 the best interest of the inhabitants of said City to amend the aforesaid Element of the
26 Comprehensive Plan as provided.
27 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF TilE
28 CITY OF BOYNTON BEACH, FLORIDA, THAT:
29 Section I: The foregoing WHEREAS clauses are true and correct and incorporated
30 herein by this reference.
s, \CA\Ordinances\plannin'j\LaJld U~;C'\lli:ltha""ay Park Of; OU-i doc
1
Section 2:
Ordinance No. 89-38 of the City is hereby amended to rellect the
2 following:
3 That the Future Land Use of the following described land located on the East side of
4 Florida East Coast railroad right-of-way, North and South of Southeast 10'h A venue, in
5 Boynton Beach, Florida shall be changed from Local Retail Commercial (LRC) and shall now
6 be designated as Industrial (I):
7
8 South Y2 lot 13 and lots 14thru 20 together with the abandoned right-
9 of-way- of East Railroad A venue adjacent to the south Y2 lot 13, Lot
10 14, lot 15 and lot 16, Block "E" and Lot I, Block "G", Hathaway
11 Park, a subdivision as recorded in Plat Book 13, Page 17 in the Public
12 Records of Palm Beach County, Florida.
13
14 Conlaining: 1.07 acres more or less.
15
16 Subject to easements, restrictions, reservation and rights of way of record.
17
18
19 Section 3: That any maps adopted in accordance with the Future Land Use Element ofthe
20 Future Land Use Plan shall be amended accordingly.
21 Section 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed.
22 Section 5: Should any section or provision of this Ordinance or any portion thereof be
23 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
24 remainder of this Ordinance.
25 Section 6: This Ordinance shall take effect on adoption, subject to the review, challenge,
26 or appeal provisions provided by the Florida Local Government Comprehensive Planning and
27 Land Development Regulation Act. No party shall be vested of any right by virtue of the
28 adoption of this Ordinance unlil all statutory required review is complete and all legal challenges,
29 including appeals, are exhausted. In the event that the effective date is established by state law or
S:\CA\Ordinances\Planning\Land Use\Hathaway Park 06-007.doc
1 special act, the provisions of state act shall control.
2
FIRST READJNG this ~n _ day of _'tYl~
SECOND, FINAL READING and PASSAGE~is
,2006.
3
day of
,2006.
4
CITY OF BOYNTON BEACH, FLORIDA
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20 ATTEST:
21
22
23 City Clerk
24
25 (Corporate Seal)
26
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
S,\CA\Ordinanccs\Planning\Land Use\HdLhaway Park 06 007 doc
DEVELOPMENT DEPARTMENT
PLANNING &: ZONING DMSION
MEMORANDUM NO. PZ 06-068
STAFF REPORT
TO:
Chair and Members
Planning and Development Board
Hanna Matras ~
Planner U
Michael W. Rumpf lJ). .
Director of Planning and Zoning
FROM:
THROUGH:
DATE:
March 27, 2006
PROJECT NAME/NUMBER:
Hathaway Park
WAR 06-007
REQUEST:
To amend the Future land Use designation from Local Retail
Commercial to Industrial and rezone from C-3 (Community
Commercial) to M-l (Industrial).
PROJECT DESCRIPTION
Property Owners:
Robert Richardson, Jr. and Mark C. Daly
Applicant! Agent:
Robert Richardson, Jr. and Mark C. Daly/Thomas F. Carney, Jr.,
The Carney Legal Group
East side of Rorida East Coast railroad right-of-way, north and
south of SE 10th Avenue (Exhibit "A')
Location:
Parcel Size:
:1:1.07 acres
existing land Use:
Local Retail Commercial
Existing Zoning:
C-3 (Community Commercial)
Industrial
Proposed Land Use:
Proposed Zoning:
M-l (Industrial)
Proposed Use:
No new uses Proposed at this time.
File Number: LUAR 06-007
Hathaway Park
Adjacent Uses:
North:
Developed property, designated LRC (Local Retail
Commercial) and zoned C-3 (Community Commercial)
South:
Developed property, designated LRC (Local Retail
Commercial) and zoned C-3 (Community Commercial)
East:
Developed properties, designated MeDR (Medium Density
Residential) and zoned R-2 (Duplex)
West:
The right-of-way for Florida East Coast railroad; further west,
developed properties designated I (industrial) and zoned M-l
(Industrial). The unimproved segment of the East Railroad
Avenue right-of-way extends immediately west of two parcels
included in the subject property and located north of SE 10th
Avenue.
EXECUTIVE SUMMARY
Staff recommends approval of the requested land use amendment and rezoning for the
following reasons:
1. It is consistent with the intent of the comprehensive plan and with the
recommendations of the M-l study in that it adds to the supply of the industrial land
that has been severely depleted in recent years,
2. It reduces the nonconformity with zoning regulations for most parcels comprising the
subject property, therefore reducing or removing an impediment to pOSSible
improvement of the property.
3. It constitutes a potential reduction in demand on public infrastructure and services.
4. The issue of the compatibility with the adjacent residential uses will be addressed as
per recommendations of the M-l study,
5. The application meets review criteria as required by the Land Development
Regulations.
BACKGROUND
In April of 2005 the city adopted a resolution authorizing issuance of a "Notice of Intent" to
create a temporary moratorium allowing staff to review and revise zoning regulations for
properties in M-l zoning districts. A consultant was subsequently hired and recently completed
the analysis of the M-l zoning district for the city. The study noted the potential negative effects
of the continuous overall decline in the amount of industrial land In Boynton Beach and found
2
Ale Number: LUAR 06-007
Hathaway Park
the current M-1 regulations unaccommodating to the changing market trends and lacking the
ability to mitigate impacts of M-1 zoned areas on adjacent rights-of-way or residential properties.
The recommendations of the study Included the following:
. Preserve existing industrial zoning;
. Expand potential for additional industrial types of uses, including changing land use and
zoning to industrial type of use on residential property, contiguous to FEC and other
Industrial land; and
. Address compatibility Issues, including making industrial edges compatible with
residential uses, and enhancing them where adjacent to arterial roadways.
The current extension of the ftNotice of Intent" will expire on April 19, 2006.
PROJECT ANALYSIS
The subject property totals :1:1.07 acres. Because of the size of the property, the Rorida
Department of Community Affairs classifies this amendment as a "small scale" amendment. A
"small-scale" amendment is adopted prior to forwarding to the Florida Department of
Community Affairs and is not reviewed for compliance with the state and regional plans prior to
adoption.
The property consists of five (5) parcels. Two (2) of the parcels are currently vacant, one (1) is
developed with a duplex and two (2) with small warehouse buildings (duplex and warehouse
uses are both nonconforming under the existing zoning district). Since the request is limited to
the land use amendment and rezoning and no development activity or new uses are proposed
at this time, the application can be prcx;essed Irrespectively of the fact that the "Notice of
Intent" for M-1 industrial zoning districts remains In effect.
The criteria used to review COmprehensive Plan amendments and rezonings are listed in the
Land Development Regulations, Chapter 2, Section 9, Administration and Enforcement, Item C.
Comprehensive Plan Amendments: Rezonings. These criteria are required to be part of a staff
analysis when the proposed change Includes an amendment to the Comprehensive Plan Future
Land Use Map.
a. Whether the proposed rezoning would be consistent with applicable comprehensive
plan polides Induding but not limited to, a requirement that all new resIdential
developments of more than 50 units, which are located in the Hunicane Evacuation
Zone, will provide continuing Information to residents concerning hunicane
evacuation and shelters through the establishment of a homeowners' or residents'
association. The planning department shall also recommend limitations or
re~~Mts,wh~~~~vetobemposedon~~~oo~~ve~m~d~
property, in order to comply with polldes contained In the comprehensive plan.
There are two main Comprehensive Plan policies concerned specifically with the amount of
industrial land within the city. The two reflect the history of the choices that the city had been
making within the last 6 years regarding Its industrial land Inventory. These are as follows:
3
File Number: WAR 06-007
Hathaway Park
Policy 1.17.1
The City shall continue to discourage addItional commercial and Industrial uses
beyond those which are cUlTently shown on the Future Land Use Map, except
where access is greatest and impacts on residential land uses are least; and
Policy 1.19.2
The City shall provide continued effort to allow for industrial acreage;
however, that land designated 'Tndustrial" on the currently adopted Future
Land Use Map may be converted to commercial or residential designations if
the conversion (f) would generate a range of employment choices for current
and future residents, provide goods and services of regional importance, or
would provide opportunities for the City to meet its long-range housing
goals; and (if) is based upon ad~uate data including market analysis.
Policy 1.17.1 stems from the general objective of preventing and minimizing land use conflicts,
but its foundation is the commercial and Industrial employment demand analysis performed in
1989, which determined how much of the commercial and industrial land the city needed. Policy
1.19.2 was amended in 2002; prior to this amendment the language included a reference to
aforementioned analysis and effectively prohibited conversions to residential uses. The
amendment was approved to facilitate several such conversions that started in 2000 with an
approval of a residential development in the Quantum Industrial Park. Since then, some 135
acres have lost their industrial designation, not including Quantum, which retained the
designation although a large percentage of its acreage has been converted to uses other than
industrial.
The loss of industrial land has occurred simultaneously within unincorporated Palm Beach and
most of its other municipalities. This trend's negative impact on the local economies in terms of
future jobs, availability of services and tax bases has been recognized by the county's
Intergovernmental Plan Amendment Review Committee (IPARC). In 2005, IPARC issued a
report on the subject, concluding that additional study is needed specifically for Palm Beach.
Given the significant loss of the Industrial land and the irrelevance of the 1989 market study,
the inconsistency of the subject request with policy 1.17.1 must be disregarded. The request is
cleariy consistent with the recommendations of the M-1 study described In the "Background"
section of this report. Furthermore, there are not many areas within the city where industrial
land use designation may be introduced or expanded. The location of the property along the
FEC Is a significant consideration as are the already established industrial uses. The
recommended amendments to the current M-1 regulations are intended to address the impacts
on surrounding residential neighborhoods.
b. Whether the proposed rezoning would be contrary to the established land use
pattem, or would create an isolated distrid unrelated to adjacent and nearby
districts, or would constitute a grant of spedal privilege to an individual property
owner as contrasted with the protection of the public welfare.
ExIsting warehouse structures (as well as homes within the adjoining R-2 district) were built in
the 1970's, and therefore are a part of the established land use pattern. In fact, a 1975 zoning
map shows that a part of the subject property was previously zoned Industrial. Most of the
other M-1 districts are located along the FEe tracks (including one west of the property, across
from the FEC right-of-way) in what deariy Is an "established land use pattern". Thus, the
proposed rezoning would not constitute a grant of special privilege to the property owner. It
4
File Number: WAR 06-007
Hathaway Park
may also be argued that Its relatedness to the adjacent land uses, albeit limited, is established
by the provision of jobs and services. The compatibility Issue is addressed In Item (e) below.
c. Whether changed or changing conditions make the proposed rezonIng desirable.
Although the residential markets have recently weakened, the Industrial market In Palm Beach
County is very strong. A CB Richard Ellis report for the last quarter of 2005 indicates that condo
warehouses with minimal office space and ranging is sizes from 1,600 square feet to 8,000
square feet are the county's "hottest sector". The scarcity of land will keep industrial markets
strong for the foreseeable future. Moreover, nonconformity of a warehouse use in the C-3
zoning district is an Impediment to redevelopment activity In the area. Finally, given the
location, Industrial may be the highest and best use for the subject property.
d. Whether the proposed use would be compatible with utility systems, roadways, and
other public fadlities.
A comparison of the traffic impact analysis between the current commercial and the proposed
Industrial land use designations shows the proposed rezoning to generate 490 fewer daily trips,
4 additional AM peak hour trips, and 82 fewer trips during the PM peak hour.
The code requires comparison of water demand and sewage flows generated under the existing
and proposed zoning for parcels larger than 1 acre. However, since (1) the subject property, at
1.07 acres, is only slightly larger, and one of the parcels is separate from the remaining
property, and (2) the rezoning would generally constitute a reduction In water and sewer
demand, except for manufacturing plants that could not be accommodated by the size and
location of the subject property, the full demand comparison has not been performed. The
current demand for water and sewer flows has been estimated at 1,145 gallons per day and is
not changing at this time. The Utility Department staff has advised that the sufficient potable
water and sewer capacity exists to serve the property at the proposed zoning.
According to the Rre Department, there are no capacity Issues in meeting the demand for fire
and rescue services generated by uses permitted under the proposed zoning. Ukewise, the
Police Department staff Indicated that the capacity exists to proVide adequate service to all uses
allowed under the proposed zoning.
e. Whether the proposed rezonIng would be compatible with the current and future use
of adjacent and nearby properties, or ~uld affect the property values of adjacent
or nearby properties.
The proposed industrial zoning district would be contiguous to the R-2 (Duplex) resldei1tlal
zoning district (with the exception of the southernmost parcel, which fronts on Sf 2nd Street).
There are compatibility issues when industrial uses abut resldei1tlal neighborhoods. Most M-1
districts in the city are in fact adjacent to and Impact residential areas. As underscored in the M-
1 study, light industrial and residential uses can coexist with proper regulations In place. The
code amendments will implement the study recommendations by addressing such Issues as
Incompatible uses or adequate separation, screening and buffering, and traffic Impacts. The
latter are of a particular concern; in most cases (as In the case of the subject property), the
access routes cannot separate residential and Industrial trafflc. However, It can still be argued
that, given the location and the physical attributes of the property (small isolated parcels), the
M-1 district is the best transitional use to apply between the FEC right-of-way and residential
s
File Number: LUAR 06-007
Hathaway Park
neighborhoods. The C-4 General Commercial District, which allows some of the uses that could
be considered as transitional for the subject location, is nevertheless defined In the code as a
group of "highway uses" that will be located along "major trafficways", and, consequently,
allows also a number of uses (such as, for example, automotive sales) that would clearly be
unsuitable for the property In question.
Existing warehouse structures as well as homes within the R-2 district were built in the 1970's.
The proposed rezoning would allow for other comparable uses and the code amendments will
address mitigation of negative impacts on adjacent residential neighborhoods. The amendments
could eliminate or restrict certain nuisance uses, and address separation, buffering and traffic
impact. It is. unlikely that the rezoning would presently affect the property values In the
adjacent residential neighborhood, but it may affect the course of future redevelopment in the
area.
f. Whether the property is physically and economically developable under the existing
zoning.
The purpose statement of the C-3 Zoning District describes it as encouraging "intensive retail
commercial facilities" and being located "adjacent to at least one major thoroughfare". Given
the location and poor accessibility, the subject property is c1eariy not a good choice for uses
allowed under the said district.
g. Whether the proposed rezoning Is of a scale which Is reasonably related to the needs
of the neighborhood and the dty as a whole.
Although the scale of the proposed rezoning is small, it is reasonably related to the needs of the
city as a whole, and, arguably, to the needs of the neighborhood. As elucidated in item (a),
there is a shortage of land for industrial and marginal commercial uses, which are important to
the economic fabric of the city by providing valuable services and employment opportunities. In
particular, a shortage of industrial sites suitable for small businesses has been a concern for
some time. Not only is there little vacant land zoned M-1, but the areas with C-4 zoning,
which allows marginal commercial uses, are also scarce.
h. Whether there are adequate sites elsewhere in the dty for the proposed use, in
districts where such use is already allowed.
There is a scarcity of industrial land in the city. Moreover, the rezoning will apply to two existing
industrial uses which are nonconforming under the existing zoning district.
CONCLUSIONS/RECOMMENDATIONS
As indicated herein, this request is consistent with the intent of the comprehensive plan and
with recommendations of the M-1 Zoning District study; It reduces the nonconformity with
zoning regulations for most parcels comprising the subject property, therefore reducing or
removing an impediment to possible improvement of the property; and it constitutes a potential
reduction of demand on public infrastructure and services. The compatibility issues should be
addressed as per recommendations of the M-1 Zoning District study. If the Planning and
Development Board recommends or the Oty COmmission requires conditions, they will be
included within Exhibit "6".
6
HATHAWAY PARK
LUAR 06-007
EXHIBIT "AwW
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
XII. - LEGAL
DEVELOPMENT
ITEM A.9
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 April 4, 2006 March 20, 2006 (Noon.) 0 June 6, 2006 May 15,2006 (Noon)
0 April 18.2006 April 3, 2006 (Noon) 0 June 20, 2006 June 5, 2006 (Noon)
0 May 2, 2006 April 17,2006 (Noon) 0 July 5, 2006 June 19,2006 (Noon) ....-1
C8J May 16.2006 May 1,2006 (Noon) 0 July 18,2006 July 3, 2006 (Noon)
'-J)
0 Administrative 0 Development Plans
NATURE OF 0 Consent Agenda 0 New Business r,'j
,"-
AGENDA ITEM 0 Public Hearing C8J Legal ,
0 0 - '-'(-oJ
Bids Unfinished Business
0 Announcement 0 Presentation
0 City Manager's Report
RECOMMENDATION: Please place this request on the May 16, 2006 City Conunission Agenda under Legal,
Ordinance - Second Reading. The City Conunission approved the subject request under Public Hearing and LegaJ,
Ordinance - First Reading on May 2,2006. For further details pertaining to the request, see attached Department
Memorandum No. 06-068.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Hathaway Park Industrial Zone (LUAR 06-007)
Thomas F. Carney, Ir. Esq., The Carney Legal Group, P.A.
Robert Richardson, Ir. and Mark C. Daly
East side of Florida East Coast Railroad right,of-way, north and south of SE 10"' A venue
Request to rezone from Connnunity Connnercial (C,3) to Industrial (M-l).
PROGRAM IMP ACT:
FISCAL IMPACT:
ALTERNATIVES:
~
Development Depa City Manager's Signature
7<--? / -27/(,;
Planning and 0 ing DIrector CIty Attorney / Finance / Human Resources
S:\Planning\SHARED\WP\PROJECTS\Hathaway Park LUAR\Agenda Item Request Hathaway Park LUAR 06-007 rezone 5-16-06.dot
S:\BULLETINIFORMSIAGENDA tTEM REQUEST FORM.DOC
1 ORDINANCE NO. 06- 0'-1 5"
2
3 AN ORDINANCE OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, REGARDING THE
5 APPLICATION OF ROBERT RICHARDSON, JR.,
6 AND MARK C DALY, AMENDING ORDINANCE
7 02-013 TO REZONE A PARCEL OF LAND
8 LOCATED ON THE EAST SIDE OF FLORIDA
9 EAST COAST RAILROAD RIGHT-OF-WAY,
10 NORTH AND SOUTH 01<" SOUTHEAST 10TIl
11 A VENUE. AS MORE FUI,LY DESCRIBED
12 HEREIN, FROM COMMUNITY COMMERCIAL
13 (C-3) TO INDUSTRIAL (M-I); PROVIDING FOR
14 CONI<"L1CTS, SEVERABILITY. AND AN
15 EFFECTIVE DATE.
16
17 WHEREAS, the City Commission of the City of Boynton Beach, Florida has
18 adopted Ordinance No. 02-0] 3, in which a Revised Zoning Map was adopted for said City;
1 9 and
20 WHEREAS, Robert Richardson, Jr., and Mark C. Daly, owners of the property
21 located on the East side of Florida East Coast railroad right-of-way, North and South of
22 Southeast 10'" A venue in Boynton Beach, Florida, as more particularly described herein, has
23 filed a Petition, through its agent, Thomas F. Carney, Jr., of The Carney Legal Group,
24 pursuant to Section 9 of Appendix A-Zoning, of the Code of Ordinances, City of Boynton
25 Beaeh, Florida, for the purpose 0 f rezoning a parcel of land, said land being more particularly
26 described hereinafter, from Community Commercial (C-3) to Industrial (M-I); and
27 WHEREAS, the City Commission conducted a public hearing and heard testimony
28 and received evidence which the Commission tinds supports a rezoning for the property
29 hereinafter described; and
30 \VHEREAS, the City Commission finds that the proposed rezoning is consistent with
S:\CA\()rdinanccs\l'lanning\Rci'oning\Ro.(l]]ing !lath;l\Vay !'<lrk ImJ.do(-
1 an amendment to the Land Use which was contemporaneously considered and approved at
2 the public hearing heretofore referenced; and
3 WHEREAS, the City Commission deems it in the best interests of the inhabitants of
4 said City to amend the aforesaid Revised Zoning Map as hereinafter set forth.
5 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
6 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
7
Section 1.
The foregoing Whereas clauses are true and correct and incorporated
8 herein by this reference.
9
Section 2.
The following described land located on the East side of Florida East
10 Coast railroad right-of-way, North and South of Southeast 10th Avenue in the City of
11 Boynton Beach, Florida, as set forth as follows:
12
13 South Yz lot 13 and lots 14 thru 20 together with the
14 abandoned right-of-way- of East Railroad Avenue adjacent
15 to the south Y2 lot 13, Lot 14, lot 15 and lot 16, Block "E"
16 and Lot I, Block "G", Hathaway Park, a subdivision as
1 7 recorded in Plat Book 13, Page 17 in the Public Records of
18 Palm Beach County, Florida.
19
2 0 Containing: 1.07 acres more or less.
21
2 2 Subject to easements, restrictions, reservations and rights-of-way
2 3 ofrecord.
24
25 be and the same is hereby rezoned from Community Commercial (C-3) to Industrial (M-I). A
26 location map is attached hereto as Exhibit "A" and made a part of this Ordinance by reference.
27 Section 3. That the aforesaid Revised Zoning Map of the City shall be amended
28 accordingly.
29
Section 4. All ordinances or parts of ordinances m conflict herewith are hereby
S:\CA\Ordinanccs\PJanning\Rezoning\Rczoning - Ilalhaway Park Ind_doc
16
17
18
19
20
21
22
23
21
25
1 repealed.
2 Section 5. Should any section or provision of this Ordinance or any portion thereof
3 be declared by a eourt of eompetent jurisdiction to be invalid, such decision shall not affect the
1 remainder of this Ordinanee.
5 Section 6. This ordinance shall become effeetive immediately upon passage.
6
FIRST READING this n~_ day of n~_' 2006.
SECOND, FINAL READING and PASSAGE this n day of
,2006.
7
8
9
10
11
12
13
11
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Viee Mayor
15
Commissioner
Commissioner
ATTEST:
Commissioner
26 City Clerk
27
28 (Corporate Seal)
S:\('i\\Ordinanccsll'lanning\RczoningIRczoning - I Jathaway Park lnd,doc
TO:
FROM:
THROUGH:
DATE:
PROJECT NAME/NUMBER:
REQUEST:
DEVELOPMENT DEPARTMENT
PLANNING Ie. ZONING DMSION
MEMORANDUM NO. PZ 06-068
STAFF REPORT
Chair and Members
Planning and Development Board
Hanna Matras --#<-.
Planner U
Michael W. Rumpf IJ). .
Director of Planning and Zoning
March 27, 2006
Hathaway Park
LUAR 06-007
To amend the Future Land Use designation from Local Retail
COmmercial to Industrial and rezone from C-3 (Community
Commercial) to M-1 (Industrial).
Property Owners:
Applicant! Agent:
Location:
Parcel Size:
Existing Land Use:
Existing Zoning:
Proposed Land Use:
Proposed Zoning:
Proposed Use:
PROJECT DESCRIPTION
Robert Richardson, Jr. and Mark C. Daly
Robert Richardson, Jr. and Mark C. Daly/Thomas F. Carney, Jr.,
The Carney Legal Group
East side of Florida East COast railroad right-of-way, north and
south of SE 10th Avenue (Exhibit "A")
:1:1.07 acres
Local Retail Commercial
C-3 (COmmunity Commercial)
Industrial
M-1 (Industrial)
No new uses proposed at this time.
File Number: LUAR 06-007
Hathaway Park
Adjacent Uses:
North:
Developed property, designated LRC (Local Retail
Commercial) and zoned C-3 (Community Commercial)
South:
Developed property, designated LRC (Local Retail
Commercial) and zoned C-3 (Community Commercial)
East:
Developed properties, designated MeDR (Medium Density
Residential) and zoned R-2 (Duplex)
West:
The right-of-way for Florida East Coast railroad; further west,
developed properties designated I (Industrial) and zoned M-l
(Industrial). The unimproved segment of the East Railroad
Avenue right-oF-way extends immediately west of two parcels
included in the subject property and located north of SE 10th
Avenue.
EXECUTIVE SUMMARY
Staff recommends approval of the requested land use amendment and rezoning for the
following reasons:
1. It is consistent with the intent of the comprehensive plan and with the
recommendations of the M-l study In that it adds to the supply of the industrial land
that has been severely depleted in recent years.
2. It reduces the nonconformity with zoning regulations for most parcels comprising the
subject property, therefore reducing or removing an impediment to possible
improvement of the property.
3. It constitutes a potential reduction in demand on public infrastructure and services.
4. The issue of the compatibility with the adjacent residential uses will be addressed as
per recommendations of the M-1 study.
5. The application meets review criteria as required by the Land Development
Regulations.
BACKGROUND
In April of 2005 the city adopted a resolution authorizing issuance of a "Notice of Intent" to
create a temporary moratorium allowing staff to review and revise zoning regulations for
properties in M-1 zoning districts. A consultant was subsequently hired and recently completed
the analysis of the M-1 zoning district for the city. The study noted the potential negative effects
of the continuous overall decline In the amount of industrial land In Boynton Beach and found
2
Ale Number: LUAR 06-007
Hathaway Park
the current M-1 regulations unaccommodating to the changing market trends and lacking the
ability to mitigate Impacts of M-1 zoned areas on adjacent rights-of-way or residential properties.
The recommendations of the study Included the following:
. Preserve existing industrial zoning;
. Expand potential for additional Industrial types of uses, including changing land use and
zoning to industrial type of use on residential property, contiguous to FEC and other
industrial land; and
. Address compatibility issues, Including making industrial edges compatible with
residential uses, and enhancing them where adjacent to arterial roadways.
The current extension of the "Notice of Intent" will expire on April 19, 2006.
PROJECT ANALYSIS
The subject property totals :1:1.07 acres. Because of the size of the property, the Rorida
Department of Community Affairs classifies this amendment as a "small scale" amendment. A
"small-scale" amendment is adopted prior to forwarding to the Florida Department of
Community Affairs and is not reviewed for compliance with the state and regional plans prior to
adoption.
The property consists of five (5) parcels. Two (2) of the parcels are currently vacant, one (1) is
developed with a duplex and two (2) with small warehouse buildings (duplex and warehouse
uses are both nonconforming under the existing zoning district). Since the request is limited to
the land use amendment and rezoning and no development activity or new uses are proposed
at this time, the application can be processed Irrespectively of the fact that the "Notice of
Intent" for M-1 industrial zoning districts remains in effect.
The criteria used to review Comprehensive Plan amendments and rezonings are listed in the
Land Development Regulations, Chapter 2, Section 9, Administration and Enforcement, Item C.
ComprehensIve Plan AmendmMts: Rezonings. These criteria are required to be part of a staff
analysis when the proposed change Includes an amendment to the Comprehensive Plan Future
Land Use Map.
a. Whether the proposed rezoning would be consistent with applicable comprehensive
plan polides including but not limited to, a requirement that all new residential
developments of more than 50 units, which are located in the Hunicane Evacuation
Zone, will provide continuing information to residents concerning hunicane
evacuation and shelters through the establishment of a homeowners' or residents'
assodation. The plannIng department shall also recommend limitations or
requirements, which ~uld ~ve to be Imposed on subs~uent development of the
property, In order to comply with poIldes contained In the comprehensive plan.
There are two main COmprehensive Plan policies concemed specifically with the amount of
Industrial land within the city. The two reflect the history of the choices that the city had been
making within the last 6 years regarding Its Industrial land Inventory. These are as follows:
3
File Number: WAR 06-007
Hathaway Park
Policy 1.17.1
The City shall continue to discourage additional commercial and Industrial uses
beyond those which are currently shown on the Future Land Use Map, except
where access is greatest and Impacts on residential land uses are least; and
Policy 1.19.2
The City shall provide continued effort to allow for industrial acreage;
however, that land designated 'Tndustriar on the currently adopted Future
Land Use Map may be converted to commercial or residential desIgnations if
the conversion (f) would generate a range of employment choices for current
and future residents, provide goods and services of regional importance, or
would provide opportunities for the City to meet its long-range housing
goals; and (if) is based upon ad~uate data including market analysis.
Policy 1.17.1 stems from the general objective of preventing and minimizing land use conflicts,
but its foundation is the commercial and industrial employment demand analysis performed in
1989, which determined how much of the commercial and industrial land the city needed. Policy
1.19.2 was amended in 2002; prior to this amendment the language Included a reference to
aforementioned analysis and effectively prohibited conversions to residential uses. The
amendment was approved to facilitate several such conversions that started in 2000 with an
approval of a residential development in the Quantum Industrial Park. Since then, some 135
acres have lost their industrial designation, not Including Quantum, which retained the
designation although a large percentage of its acreage has been converted to uses other than
industrial.
The loss of industrial land has occurred simultaneously within unincorporated Palm Beach and
most of Its other municipalities. This trend's negative impact on the local economies in terms of
future jobs, availability of services and tax bases has been recognized by the county's
Intergovernmental Plan Amendment Review Committee (IPARC). In 2005, IPARC issued a
report on the subject, concluding that additional study is needed specifically for Palm Beach.
Given the significant loss of the industrial land and the irrelevance of the 1989 market study,
the inconsistency of the subject request with policy 1.17.1 must be disregarded. The request is
cleariy consistent with the recommendations of the M-1 study described In the "Background"
section of this report. Furthermore, there are not many areas within the city where industrial
land use designation may be Introduced or expanded. The location of the property along the
FEC is a significant consideration as are the already established Industrial uses. The
recommended amendments to the current M-1 regulations are Intended to address the Impacts
on surrounding residential neighborhoods.
b. Whether the proposed rezoning would be contrary to the established land use
pattern, or would create an Isolated district unrelated to adjacent and nearby
districts, or would constitute a grant of spedal privilege to an individual property
owner as contrasted with the protection of the public welfare.
Existing warehouse structures (as well as homes within the adjoining R-2 district) were built in
the 1970's, and therefore are a part of the established land use pattern. In fact, a 1975 zoning
map shows that a part of the subject property was previously zoned Industrial. Most of the
other M-1 districts are located along the FEC tracks (including one west of the property, across
from the FEC right-Of-way) in what cleariy Is an "established land use pattern". Thus, the
proposed rezoning would not constitute a grant of special privilege to the property owner. It
4
File Number: WAR 06-007
Hathaway Park
may also be argued that its relatedness to the adjacent land uses, albeit limited, is established
by the provision of jobs and services. The compatibility Issue is addressed In Item (e) below.
c. Whether changed or changing conditions make the proposed rezoning desirable.
Although the residential markets have recently weakened, the industrial market in Palm Beach
County is very strong. A CB Richard Ellis report for the last quarter of 2005 Indicates that condo
warehouses with minimal office space and ranging is sizes from 1,600 square feet to 8,000
square feet are the county's fthottest sector". The scarcity of land will keep Industrial markets
strong for the foreseeable future. Moreover, nonconformity of a warehouse use in the C-3
zoning district Is an impediment to redevelopment activity in the area. Finally, given the
location, industrial may be the highest and best use for the subject property.
d. Whether the proposed use would be compatible with utility systems, roadways, and
other public fadlities.
A comparison of the traffic impact analysis between the current commercial and the proposed
industrial land use designations shows the proposed rezoning to generate 490 fewer daily trips,
4 additional AM peak hour trips, and 82 fewer trips during the PM peak hour.
The code requires comparison of water demand and sewage flows generated under the existing
and proposed zoning for parcels larger than 1 acre. However, since (1) the subject property, at
1.07 acres, is only slightly larger, and one of the parcels Is separate from the remaining
property, and (2) the rezoning would generally constitute a reduction in water and sewer
demand, except for manufacturing plants that could not be accommodated by the size and
location of the subject property, the full demand comparison has not been performed. The
current demand for water and sewer flows has been estimated at 1,145 gallons per day and is
not changing at this time. The Utility Department staff has advised that the sufficient potable
water and sewer capacity exists to serve the property at the proposed zoning.
According to the Fire Department, there are no capacity issues in meeting the demand for fire
and rescue services generated by uses permitted under the proposed zoning. Ukewise, the
Police Department staff indicated that the capacity exists to provide adequate service to all uses
allowed under the proposed zoning.
e. Whether the proposed rezoning would be compatible with the current and future use
of adjacent and nearby properties, or would affect the property values of adjacent
or nearby properties.
The proposed Industrial zoning district would be contiguous to the R-2 (Duplex) residential
zoning district (with the exception of the southernmost parcel, which fronts on SE 2nd Street).
There are compatibility issues when Industrial uses abut residential neighborhoods. Most M-1
districts in the city are In fact adjacent to and Impact residential areas. As underscored In the M-
1 study, light industrial and residential uses can coexist with proper regulations in place. The
code amendments will implement the study recommendations by addressing such issues as
Incompatible uses or adequate separation, screening and buffering, and traffic Impacts. The
latter are of a particular concern; in most cases (as In the case of the subject property), the
access routes cannot separate residential and Industrial traffic. However, It can still be argued
that, given the location and the physical attributes of the property (small Isolated parcels), the
M-1 district is the best transitional use to apply between the FEC right-of-way and residential
5
File Number: WAR 06-007
Hathaway Park
neighborhoods. The C-4 General Commercial District, which allows some of the uses that could
be considered as transitional for the subject location, Is nevertheless defined in the code as a
group of "highway uses" that wlfi be located along "major trafficways", and, consequently,
allows also a number of uses (such as, for example, automotive sales) that would clearly be
unsuitable for the property in question.
Existing warehouse structures as well as homes within the R-2 district were built in the 1970's.
The proposed rezoning would allow for other comparable uses and the code amendments will
address mitigation of negative impacts on adjacent residential neighborhoods. The amendments
could eliminate or restrict certain nuisance uses, and address separation, buffering and traffic
impact. It is. unlikely that the rezoning would presently affect the property values in the
adjacent residential neighborhood, but it may affect the course of future redevelopment In the
area.
f. Whether the property is physIcally and economically developable under the existing
zoning.
The purpose statement of the C-3 Zoning District describes it as encouraging "Intensive retail
commercial facilities" and being located "adjacent to at least one major thoroughfare". Given
the location and poor accessibility, the subject property is clearly not a good choice for uses
allowed under the said district.
g. Whether the proposed rezoning is of a scale which is reasonably related to the needs
of the neighborhood and the city as a whole.
Although the scale of the proposed rezoning is small, it is reasonably related to the needs of the
city as a whole, and, arguably, to the needs of the neighborhood. As elucidated in item (a),
there is a shortage of land for Industrial and marginal commercial uses, which are important to
the economic fabric of the city by providing valuable services and employment opportunities. In
particular, a shortage of industrial sites suitable for small businesses has been a concern for
some time. Not only Is there little vacant land zoned M-1, but the areas with C-4 zoning,
which allows marginal commercial uses, are also scarce.
h. Whether there are ad~uate sites elsewhere in the city for the proposed use, in
districts where such use is already allowed.
There is a scarcity of industrial land in the city. Moreover, the rezoning will apply to two existing
industrial uses which are nonconforming under the existing zoning district.
CONCLUSIONS/RECOMMENDATIONS
As indicated herein, this request is consistent with the intent of the comprehensive plan and
with recommendations of the M-1 Zoning District study; it reduces the nonconformity with
zoning regulations for most parcels comprising the subject property, therefore reducing or
removing an impediment to possible improvement of the property; and it constitutes a potential
reduction of demand on public infrastructure and services. The compatibility issues should be
addressed as per recommendations of the M-1 Zoning District study. If the Planning and
Development Board recommends or the my COmmission requires conditions, they will be
included within Exhibit "B".
6
HATHAWAY PARK
LUAR 06-007
EXHIBIT "An
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORlVI
XII. - LEGAL
DEVELOPMENT
ITEM A.I0
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Fonn Must be Turned
Meeting Dales in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 April 4, 2006 March 20, 2006 (Noon.) 0 June 6, 2006 May 15, 2006 (Noon)
0 April 18, 2006 April 3,2006 (Noon) 0 June 20, 2006 June 5, 2006 (Noon)
0 May 2, 2006 April 17,2006 (Noon) 0 July 5, 2006 June 19,2006 (Noon)
[8] May 16,2006 May 1,2006 (Noon) 0 July 18,2006 July 3, 2006 (Noon)
0 Administrative 0 Development Plans
NATURE OF 0 Consent Agenda 0 New Business (c-'
AGENDA ITEM 0 Public Hearing [8] Legal
0 0 ~
Bids Unfinished Business ,'..:.'
0 Announcement 0 Presentation ;_,~; C';
0 City Manager's Report .4.:- ;1,
RECOMMENDATION: Please place this request on the May 16, 2006 City Commission Agenda under Legal,
Ordinance - Second Reading. The City Commission approved the subject request under Public Hearing and Legal,
Ordinance - First Reading on May 2, 2006. For further details pertaining to the request, see attached Department
Memorandrun No. 06-066.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
Monnin Alley NE 3'. Street (ABAN 06-006)
Mary Ann Monnin
N/A
Alley located between NE 5" and NE 6" A venues, extending approximately 150 feet west
from NE 3" Street
Request to abandon a portion of an unimproved alley located between NE 5" and NE 6"
Avenues, extending approximately 150 feet west from NE 3" Street.
DESCRIPTION:
PROGRAM IMPACT:
FISCAL IMPACT:
AL TERNA TIVES:
N/A
N/A
N/A
Deve
ector
~"""'.ru,
/GJ,J~,
Planning and'Zoni g rrector City Attorney / Finance I Human Resources
S:\Planning\SHARED\WP\PROJECTS\NE 3rd Street ARAN.Monnin Alley\Agenda Item Request Mary Ann Monnin NE 3rd ABAN 06-006 5-16-06.dot
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
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ORDINANCE NO. 06-04(,:,
AN ORDINANCE OF THE CITY 0);' BOYNTON
BEACH, FLORIDA, AUTHORIZING ABANDONMENT
OF A PORTION OF AN UNIMPROVED ALLEY
LOCATED BETWEEN NORTHEAST STII AVENUE
AND NORTHEAST 6TII AVENUE EXTENDING
APPROXIMATELY 150 FEET WEST FROM
NORTHEAST 3Rl> STREET, SUBJECT TO STAFF
COMMENTS; AUTHORIZING THE CITY MANAGER
TO EXECUTE A DISCLAIMER, WHICH SHALL BE
RECORDED WITH THIS ORDINANCE IN THE
PUBLIC RECORDS 0);' PALM BEACH COUNTY,
FLORIDA; AND PROVIDING AN EFFECTlVJ;: DATE.
WHEREAS, Mary Ann Monnin, is requesting the abandonment of a portion of the 10
foot alley located between Northeast 5'" Avenue and Northeast 6'" Avenue, extending
approximately 150 feet west of Northeast 3'" Street, lying adjacent to Lots 68, 69 and 72-75, all
in the Plat of Arden Park, subject to staff comments; and
\VHEREAS, comments have been solicited from the appropriate City Departments, and
public hearings have been held before the City's Community Redevelopment Agency, and the
City Commission on the proposed abandonment; and
WHEREAS, staff has detemlined that the subject right-ot~way no longcr serves a public
purpose as a right-of-way and with the conversion to a 10 foot wide utility easement, it will
adequately serve the utility providers and therefore recommends approval subject to staff
comments.
NOW, THEREJ;'ORJ;:, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA THAT:
Section 1. The foregoing Whereas e1auses are tme and correct and incorporated
herein by this reference.
Section 2. The City Commission of the City of Boynton Beach, Florida, does hereby
abandon a portion of the 10 foot alley located between Northeast 5'11 A venue and Northeast 6111
Avenue, extending approximately 150 feet west of Northeast 3'" Street, lying adjacent to Lots
68, 69 and 72-75, all in the Plat of Arden Park, subject to staff commcnts, and more particularly
described as follows:
That portion of a platted 10 foot wide alley shown on the Plat of Arden
Park, according to the Plat thereoj~ recorded in Plat Book 2, Page 96 of the
Public Records of Palm Beach County, Ftorida. Being bounded on the
S:\CA\Ollilnilnces\AbandoflrTlenl:;\Mollnill dur;
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North by the South line of Lots 73, 74, 74A, and 75, bounded on the
South by the North line of lots 68, 69 and 72, bounded on the West by the
West limits of said Plat of Arden Park and on the cast by the West Right-
Of-Way line ofNE 3'd Street
A location map is ?ttachcd hereto as Exhibit "A."
Section 3. The City Manager is hereby authorized and directed to execute the
attached Disclaimer and cause the same to be filed, with this Ordinance, in the Public Records
of Palm Beach County, Florida.
Section 4.
This Ordinance shall take effect immediately upon passage.
2006.
FIRST READING this ~_ day Of~, 2006.
SECOND, FINAL READING AND P ASSQGE THIS _ _ day of
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
---~.~-~---.~-
Commissioner
Commissioner
ATTEST:
Commissioner
City Clerk
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Monnin Alley Abandonment Exhibit A I?~ '~~
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DISCLAIMER
KNOW ALL MEN BY THESE PRESENTS that the City of Boynton Beach,
Florida, a municipal corporation, under the laws of the State of Florida, does hereby abandon
a portion of the 10 foot alley located between Northeast 5th Avenue and Northeast 6th
Avenue, extending approximately 150 feet west of Northeast 3'" Street, lying adjacent to Lots
68, 69 and 72-75, all in the Plat of Arden Park, subject to staff comments, and more
particularly described as follows:
That portion of a platted] 0 foot wide alley shown on the Plat of Arden
Park, according to the Plat thereof. recorded in Plat Book 2, Page 96 of the
Public Records of Palm Beach County, Florida, Being bounded on the
North by the South line of Lots 73, 74, 74A, and 75, bounded on the
South by the North line of lots 68, 69 and 72, bounded on the West by the
West limits of said Plat of Arden Park and on the east by the West Right-
Of-Way line ofNE 3Td Street
IN WITNESS WHEREOF, the duly authorized officers of the City of Boynton
Beach, Florida, have hereunto set their hands and affixed the seal of the City this __
day of , 2006.
ATTEST: CITY OF BOYNTON BEACH, FLORIDA
Janet Prainito Kurt Bressner, City Manager
City Clerk
STATE OF FLORIDA )
)ss:
COUNTY OF PALM BEACH )
BEFORE ME, the undersigned authority, personally appeared Kurt Bressner and
Janet Prainito, City Manager and City Clerk respectively, of the City of Boynton Beach,
Florida, known to me to be the persons described in and who executed the foregoing
instrument, and acknowledged the execution thereof to be their free hand and deed as
such officers, for the uses and purposes mentioned therein; that they affixed thereto the
official seal of said corporation; and that said instrument is the act and deed of said
corporation.
S:\CA\Ordinances\Abandonments\Monnin_doc
WITNESS my hand and official seal in the said Slate and County this _ _ day of
,2006.
NOT ARY PUBLIC, State of Florida
My Commission Expires:
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DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 06-066
FROM:
Chair and Members
Community Redevelopment Agency Board
Michael w. Rum;Mv{(;
Planning and Zoning Director
Ed Breese ~
Principal Planner
TO:
THRU:
DATE:
April 3, 2006
SUBJECT:
Abandonment of a portion of the 10-foot alley located between NE 5th and NE 6th Avenues,
west of NE 3rd Street, lying adjacent to Lots 68. 69. and 72-75, all in the plat of Arden Park.
(ABAN 06-006)
NATURE OF REQUEST
The applicant, Mary Ann Monnin is requesting to abandon a portion of the unimproved10-foot wide alley located
between NE 5th and NE 6th Avenues. west of NE 3rd Street, lying adjacent to Lots 68, 69, and 72-75, all in the plat of
Arden Park. This request to abandon a public alley was submitted on February 1, 2006. This abandonment is for
the following platted alley segment:
That portion of a platted 10.00 foot wide alley shown on the plat of Arden Park. according to the plat
thereof. recorded in Plat Book 2. Page 96 of the Public Records of Palm Beach County, Florida.
Being bounded by the south line of lots 73, 74, 74A, and 75 and on the south by the north line oflots
68, 69 and 72, on the west by the west limits of said plat of Arden Park and on the east by the west
right-of-way line of NE 3,d Street.
The location map attached as Exhibit "A" shows the general vicinity of the right-of-way to be abandoned. The
attached Exhibit "B" _ .Proposed Abandonmenf shows the location of the subject property and includes the location
of the alley to be abandoned and its legal description.
The following is a description of the zoning districts and land uses of the properties that surround the subject
request.
North -
Developed commercial properties (Paper Roll Products and J&S Automotive) zoned General
Commercial (C-4);
South -
A vacant commercial parcel and a developed commercial parcel (Novo Arbor), both zoned
General Commercial (C-4);
East
Right-of-way for NE 3rd Street and father east is developed commercial properties zoned
General Commercial (C-4); and
West
Developed residential properties zoned Duplex (R-2).
Page 2
Memorandum No. PZ 06-066
ABAN 06-006
BACKGROUND
In April of 1913, the Plat of Arden Park was approved. It included several10-foot wide alleys dedicated to the
perpetual use by the public. As indicated on the survey, the segment of the alley to be vacated measures
approximately 150 linear feet, extending west from NE 3'd Street, by 10 feet in width. The unimproved alley
terminates at the rear of parcels fronting on NE 2nd Street, with no connection to another alley or street. The
applicant desires to have the unimproved alley abandoned because it is not being utilized as a right-of-way by any
of the abutting businesses, it is not maintained and there are existing encroachments of private property into the
alley that could be resolved through the abandonment. All of the businesses abutting this unimproved alley have
access to their property through a platted street, either NE 5th Avenue or NE 6th Avenue. Additionally, the applicant
would like to develop her vacant parcel abutting the unimproved alley and the abandonment would help facilitate
that effort, relative to setbacks. Existing utilities located within the alley include Florida Power and Light, Bell South
and a City water main, which will require the conversion of the right-of-way to a 10-foot wide utility easement.
ANALYSIS
Pursuant to Chapter 22, Article III, Section 4, public notice was given to the property owners within 400 feet of the
right-of-way to be abandoned and the requisite signs posted on the property. The applicant's agent has submitted
an affidavit acknowledging compliance with the aforementioned regulations. All utility companies have been notified
and the request has been advertised in the newspaper. A summary of the responses from the utility companies and
City staff is as follows:
'TY DEPARTMENTS/DIVISIONS
Engineering/ Public Works/ Utilities _
Planning and Zoning
No objection wi conditions (see Exhibit .C")
No objection
PUBLIC UTILITY COMPANIES
Florida Power and Light
Bell South
Florida Public Utilities Company
Cable Company (Adelphia)
Cable Company (Comcast)
No objection w/ conditions (see Exhibit .C")
No objection wI conditions (see Exhibit .C")
No Objection
No objection
NIA
RECOMMENDATION
Staff has determined that the subject right-of-way no longer serves a pUblic purpose as a right-of-way, and with the
conversion to a 10 foot wide utility easement, will adequately serve the utility providers. Staff therefore recommends
approval of the request to abandon, subject to the comments included in Exhibit "C" _ Conditions of Approval. Any
conditions required by the Community Redevelopment Agency Board and the Commission will be placed In Exhibit
.C" - Conditions of Approval.
xc: Central File
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EXHIBIT "e"
Conditions of Approval
Project name: Monnin Alley Abandonment (NE 3" Street)
File number: ABAN 06-006
Reference:
I DEPARTMENTS I INCLUDE ! REJECT !
PUBLIC WORKS- General
Comments: None X
PUBLIC WORKS- Traffic
Comments: None X
-
UTILITIES
Comments:
I. The lO-foot wide alley shall be converted to a 10-foot wide utility easement X
to accommodate the existing 2" water main.
FIRE
Comments: None X
- -
POLICE
Comments: None X
- -
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTERlENVIRONMENT ALlST
Comments: None X
PLANNING AND ZONING
--
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
Comments; None X
PRIVATE UTILITIES
Comments:
2. Florida Power & Light has no objection to the abandonment contingent X
upon the 10-foot wide alley being converted to a 10-foot wide utility easement
to accommodate their existing facilities.
3. Bellsouth has no objection to the abandonment contingent upon the IO-foot X
wide alley being converted to a 10-foot wide utility easement to accommodate
their existing facilities.
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD
CONDITIONS
Comments: None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
To be determined.
S:\Planning\SHARED\WP\PROJECTS\NE)1'II Street ABAN.Monnin AlIey\ABAN 06-006\COA.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME:
Monnin Alley Abandonment (NE 3'd Street)
APPLICANT'S AGENT:
Mary Ann Monnin
APPLICANT'S ADDRESS:
11545 Old Ocean Blvd. Unit D, Boynton Beach, FL 33435
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: May 2, 2006
TYPE OF RELIEF SOUGHT: Requesting to abandon a portion of the unimgroved 10-foot wide alley
located between NE 5th and NE 6th Avenues, west of NE 3 Street, lying adjacent to
Lots 68, 69, and 72-75, all in the plat of Arden Park.
LOCATION OF PROPERTY: West of NE 3m Street between NE 5th Avenue and NE 6th Avenue
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach. Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2. The Applicant
HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "C" with notation "Included".
4. The Applicant's application for relief is hereby
_ GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms
and conditions of this order.
7. Other
DATED:
City Clerk
S:\PlannlngISHAREDlWPlPROJECTS\NE 3rd StreelABAN.Monnln AlleylOO.doc
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FOR1Vl
XII. - LEGAL - 2nd Reading
Non-Development
ITEM 8.1
0 Administrative 0 Development Plans
NATURE OF 0 Consent Agenda 0 New Business
AGENDA ITEM 0 Public Hearing fZl Legal
0 Bids 0 Unfinished Business
0 Announcement 0 Presentation H ;"'
0 City Manager's Report ;~-.'
RECOMMENDATION: Adoption of Ordinance on Second Reading to conform Charter language to previously approved
compensation increases.
EXPLANATION: In November 2004 the City Commission approved a salary increase to bring Commission
compensation in line with other municipalities. The Commission's approval was not codified at that time. The proposed
Ordinance authorizes codification of the approved increases and will allow for revision of the Charter section to reflect the
actual procedure for annual compensation adjustments for inflation. Commission salaries have been adjusted on numerous
occasions since 1974 when Home Rule took effect. Attached is a copy of an Attorney General Opinion which explains how a
provision of Charter can be amended by Ordinance.
PROGRAM IMPACT: Clarification of language of Charter.
FISCAL IMPACT: None" Increases for this fiscal year were approved when the 2005/2006 budget was adopted"
Future year increases will be approved annually in conjunction with the each fiscal years budget approval.
ALTERNATIVES:
None.
.I~",",-
~-~
Department Head's Signature
C.l't~ n T-rOy2l'Vi{V
De rtInent Name /
City Attorney I Finance I Human Resources
S:\BULLETfN\FORMS\AGENDA ITEM REQUEST FORM.DOC
I
2 ORDINANO: NO. 06 - Otf 7
3
4 AN ORDINANCE OF THE CITY OF BOYNTON
5 BEACH, FLORIDA, AMENDING SECTION 55.
6 Of' THE CITY CHARn:R "COMPENSATION
7 OF MA YOR ANI> COMMISSION", TO
8 CONFORM THE CHARTER PROVISION TO
9 PREVIOlJS COMMISSION ACTION WHICH
]() IMPLIMENTED ANNlJAL AI>JlJSTMENT OF
] I COMPENSATION FOR INFLATION;
12 PROVIDING FOR SEVERABILITY.
IJ CONFLICTS, CODIHCATION, AN "FFECTlVE
14 DATE.
15
16 WHEREAS, on November 16, 2004, the City Commission approved an increase in
17 commission compensation of $6,000.00 and the annual adjustment of mayor/commissioner
18 compensation to onset inflation, effective April 1, 2005. The Commission thereafter
19 appropriated funds for thc adjustment and approved the appropriation for salary adjustment
20 whcn the Commission approved the City's 2005-06 annual budgct; and,
2] WHEREAS, codification of the annual adjustment for inflation will conform the
22 charter languagc to reflect the actual proccss.
23 NOW THEREFORE. BE IT ORI>AINED BY THE CITY COMMISSION OF
24 THE CITY OF BOYNTON BEACH, FLORIDA:
25
Section 1.
That the forcgoing "WHEREAS" clauses arc true and correct and
26 hereby ratified and confirmed by thc City Commission.
27
Section 2.
That Sec. 55 of the Chartcr of the City of Boynton Beach, bc, and the
28 samc is hcreby amcnded by adding the words and figurcs in underlined type, and by deleting
29 the words and figures in struck through type as follows:
30
_.)_:\C /~~Oulill;jrJ~:_C_!:i:{;pnll_nj~sion _ ~aJ!ll}'.lnnf.<1Sg 2PP.s 042Q06,_d(}c(-' '.\ )\-"'::\HHettl~ and ~Hfl-~',ll:f! ;lral~l-ocai \\' IllH"~ ',I ('I npuFaty _ fllhf 11\'1
Fik;;.()1 K-I 1:',( :()]nll1io.;~inn S,iI1WV In(:H',L",-~20.():'>041l)O(Hk-><:
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See. 55. Compensation of Mayor and Commission
Each member of the City Commission including the member who serves as Mayor
shall receive salaries as follows:
(a) Effective October], 20CJ.3April I, 2005 , the Mayor shall receivc an annual
salary of $12,000] 8,000, paid in equal monthly installments;
(b) Effective October ], 2003April 1, 2005, City Commission members,
excluding the Mayor, shall receive an annual salary of $9,000 ] 5,000
annually, paid in equal monthly installments.
Ic) The compensation of the mayor and the commissioners shall be adiusted
annual in April in each year to reflect increases in the consumer price index,
Section 3.
Each and every other provision of the Code of Ordinances and the
17
Charter of the City of Boynton Beach not herein specifically amended shall remain in full
]8
force and effect as previously enacted.
19
Section 4.
All ordinances or parts of ordinances in conflict herewith be and the
20 same are hereby repealed.
2]
Section 5.
Should any section or provision of this ordinance or portion hereof,
22 any paragraph, sentence or word be declared by a court of competent jurisdiction to be
23 invalid, such decision shall not affect the remainder of this ordinance.
24
Section 6.
Authority is hereby granted to codify this amendmcnt.
25
Section 7.
This ordinance is effective nunc pro tunc to April 1.2005.
26
27
28
29
FIRST READING this ~ day of ~, 2006.
S:\CA\Ordinances\Commission Salary Increase 2005 04200(U:j9~(':~Dllellll'lE:nts aIle S:Uiflgs"fe'lTflfa]l,[BGaj..,~tmgs:.:H4-HpOfllr:,- Ifltenlet
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SECOND, FINAL READIN(j AND PASSAGE this
day or
,200h.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
ATTEST:
Conlmissioncr
City Clerk
~,;\CA \OrdinaTlccS"~(Q]llmission QaldJ:Y!I}f[<;'~-,'it;.}005 042006JjQ.f( '\1 ).("-~!tH\\.:ll L" flFltJS('Hlngs-',fi;i'rafi)l'Lncaj,..;.e!f-Ht~s+-I=e+npHfilry Inlel nel
Files'c() I, K-I- ~\("'lnlllissil.n--cSH-Ittf~/-n"rt'ilse-:!005 (141lu)6-AHC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
XII. - lEGAL-1st Reading
ITEM C.l
Requested Cily Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meetin!?Dates in to City Clerk's Office Mectine:Dates in to City Clerk '5 Office
0 ApriJ 4, 2006 March 20, 2006 (Noon.) 0 June 6, 2006 May 15, 2006 (Noon)
0 Apri] 18,2006 April 3, 2006 (Noon) 0 June 20, 2006 June 5, 2006 (Noon)
0 May 2, 2006 April 17,2006 (Noon) 0 July 5, 2006 June 19. 2006 (Noon)
I2S] May 16, 2006 May],2006 (Noon) 0 July 18, 2006 July 3, 2006 (Noon)
0 Administrative 0 Development Plans
NATURE OF 0 Consent Agenda 0 New Business
AGENDA ITEM 0 Public Hearing I2S] Legal
0 Bids 0 Unfinished Business
0 Announcement 0 Presentation
0 City Manager's Report
RECOMMENDATION: Approval of Ordinance amending Article X entitled "Sexual Offender Residency
Prohibition", Section 15- I 23 by adding paragraph (b) which reads: It is unlawful for any person who is
required to register as a sexual predator under the law of the state, to establish a permanent residence
or temporary residence within two thousandjive hundred (2500) feet of any school, designated public
school bus stop, day care center, park, playground or other place where children regularly congregate.
EXPLANATION: This amendment is necessary in order to impose the same restrictions on residency for
sexual offenders and predators who are convicted in other states and jurisdictions who may move to the
City of Boynton Beach.
PROGRAM IMPACT: Prevents sexual offenders and predators from Jiving near locations where children
may congregate within the limits of the City of Boynton Beach.
FISCAL IMPACT: None.
mrn' mdmm" '" ,cwd wi""'", ~'~d2_~_
~"AA2:7
artment Head's Signature CIty Manager's SIgnature
Department Name
-\v
City Attorney / Finance I Human Resources
Sc\8ULI.ETIN\FORMSIAGENDA ITEM REQUEST FORM DOC
C;nV
ORDINANCE 06-
2 AN ORDINANCE OF THE CITY OF BOYNTON B"~ACH,
3 FLORIDA, AMENDING CHAPTER 15, ENTITLED
4 "OFFENSES MISCELLANEOUS," SECTION 15-123,
5 ENTITI,ED, "PENALTIES; EXCEPTIONS" OF TilE
6 CITY OF BOYNTON BEACH CODE OF ORDINANCES,
7 TO PROVIDE FOR THE INCLUSION OF ADDITIONAL
8 INDIVIDUALS WHO ARE REQUIRED TO REGISTER
9 AS SEXUAL OFFENDERS PURSUANT TO STATE LAW
10 WITHIN THE CITY'S RESIDENCY PROHIBITION;
11 PROVIDING FOR CONFUCTS; PROVIDING FOR
12 SEVERABILITY; PROVIDING FOR AN EFFECTIVI<:
13 DATE.
14
15 \VHEREAS, the City of Boynton Beach is a very attractive place of residence for
16 families with small children; ami,
17 WHEREAS, the City Commission of the City of Boynton Bcach established a policy
18 providing for the maximum protection of the lives and persons in the City of Boynton Beach;
19 and,
20 WHEREAS, on July 19, 2005, the City Commission of the City of Boynton Beach
21 enacted its Sexual Offender Ordinance creating sexual offender residency prohibitions; and,
22 WHEREAS, the City Commission of the City of Boynton Beach finds it necessary to
23 include the same restrictions and residency for sexual offenders and predators who arc
24 convicted in other states and jurisdictions but who may move to the State of Florida and more
25 particularly the City of Boynton Beach; and
26 WHEREAS, the City has the authority, pursuant to Article VlIl, Section 2(b) of the
27 Florida Constitution, and Section 166.021, Florida Statutes, to adopt such provisions in order
28 to protect the health, safety, and wclfare of its residents; and,
29 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
30 THE CITY OF BOYNTON BEACH, THAT:
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SECTION 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed
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as being true and correct and are hereby made a specific part of this Ordinance upon adoption
3
h ereo f
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SECTION 2. That Chapter 15, "Offenses - Misccllaneous," of the City of Boynton
5
Beach Code of Ordinances, be, and the same is hereby amended, by creating a new Article X,
6
entitled "Sexua] Offender Residency Prohibition, Section ]5-]23; entitled" Penalties;
7
Exceptions," to read as follows:
Section 15-123
Penalties; Exceptions.
(a) It is unlawful for any person who has been convicted of a violation of
99794.01 I, 800.04, 827.071, or 847.0145, Fla. Stat., regardless of
whether adjudication has been withheld, in which the victim of the offense
was less than 16 years of age, to establish a permanent residence or
temporary residence within two thousand five hundred (2,500') feet of any
school, designated public schoo] bus stop, day care center, park, playground,
or other place where children regularly congregate.
It is unlawful for an erson who is re uired to re ister as a sexual
redator or sexual offender under the laws of the state to establish a
ermanent residence or tern orar residence within two thousand five
hundred 2 500 feet of an school desi lated ub]ic school bus sto da
care center, park, plavground, or other place where ehildren regu]arly
congregate.
(ef) For pUrposes of determining the minimum distance separation, the
requirement shall be measured by following a straight line from the outer
property line of the permanent residence or temporary residenee to the
nearest outer property line of a school, designated public school bus stop, day
care center, park, playground, or other place where children regu]arly
congregate.
(€Q) Penalties. A person who violates this section shall be punished by a
fine not exceeding $500.00 or by imprisonment for a term not exceeding
60 days, or by both such fine and imprisonment; for a second or subsequent
conviction of a violation of this section, such person shall be punished by a
fine not to exceed $1,000.00 or imprisonment in the county jail not more than
j 2 months, or by both such fine and imprisonment.
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(de) Excepllons. A person residing within two thousand live hundred
(2500') feet of any school, designated public school bus stop, day care center,
park, playground, or other place where children regularly congregate does not
commit a violation of this section if any of the following apply:
(i)
L 2005.
The person established the permanent residence prior to July
(ii) The person was a minor when he/she committed the offense
and was not convicted as an adult.
(iii) The person is a minor
(iv) The school, designated public school bus stop or day care
center within two thousand live hundred (2,500') feet of the persons
permanent residence was opened after the person established the permanent
residence.
19
SECTION 6. It is the intention of the City Commission of the City of Boynton
20
Beach that the provisions of this Ordinance shall become and be made a part of the Code of
21
Ordinances of the City of Boynton Beach, Florida, and that the Sections of this Ordinance
22
may he renumbered, re-Iettered and the words "Section," "Article" or such other word or
23
phrase may be changed in order to accomplish such intention.
24
SECTION 7. If any clause, section, or other part or application of this Ordinance
25
shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such
2(,
unconstitutional or invalid part or application shall be considered as eliminated and so not
27
affecting the remaining portions or applications remaining in full force and effect.
28
SECTION 8. All Ordinances or parts of Ordinances, Resolutions or parts of
29
Resolutions in conflict herewith be, and the same are hereby repealed to the extent of such
30
conflict.
31
SECTION 9. This Ordinance shall become effective immediately upon adoption.
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FIRST READING this
day of
,2006.
SECOND, FINAL READING AND PASSAGE this _ day of
2006.
CITY OF BOYNTON BEACH. FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
ATTEST:
Commissioner
City Clerk
(Corporate Seal)
S:\CA \Ordinances\Sexual Offenders revised 042] 06.doc
Page 4
(!.\.~YO.'.~.
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XII. - LEGAL
ITEM 0.1
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final form Must be Turned Requested City Commission Date Fina! Form Must be Turned
Meeting Dat~~ in to City Clerk's Office Meetine:Dates inlQ.J:itv Clerk's Office
0 April 4, 2006 March 20, 2006 (Noon.) 0 June 6, 2006 May 15,2006 (Noon)
0 April 18,2006 April 3, 2006 (Noon) 0 June 20, 2006 June 5, 2006 (Noon)
0 May 2, 2006 Aprill?,2006 (Noon) 0 July 5, 2006 June 19, 2006 (Noon)
[8J May] 6, 2006 May 1,2006 (Noon) 0 July 18,2006 July 3, 2006 (Noon)
0 Administrative 0 Development Plans
NATURE OF 0 Consent Agenda 0 New Business
AGENDA ITEM 0 Public Hearing ~ Legal
0 Bids 0 Unfinished Business
0 Announcement 0 Presentation
0 City Manager's Report
RECOMMENDATION: Adopt Resolution restating the public pwpose which underlies the acquisitiou of parcels in the
Heart of Boynton.
EXPLANATION: The City Commissiou previously adopted an intent Resolution authorizing acquisition of property in the
Heart of Boynton in furtherance of the City and the CRA'S Community Redevelopment Plan, Eminent Domain proceedings
are underway but defenses raised and anticipated require restatement of public purpose to specifically, rather than impliedly,
reference Chapter] 63, Florida Statute.
PROGRAM IMPACT: None
FISCAL IMPACT: None
ALTERNATIVES: None
~-
Department Bead's Signature
~."
Department Name
~-,
City Attorney / Finance / Human Resources
S:\BULLETJN\FORMS\AGENDA ITEM REQUEST FORM. DOC
Iffl.,
I RESOLUTION NO.
2
3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
4 BOYNTON BEACH, FLORIDA, AMENDING IU~SOLlJTlONS NO. 05-
5 177 AND 05-207 RESTATING THE PUBLIC NECESSITY OF
6 ACQUIRING PARCELS OF PROPERTY AS MORE PARTICULARLY
7 DESCRIBED ON COMPOSITE EXIlIBIT ",\" ATTACHED TO
8 RESOLUTION NO. 05-177, AS AMENDED BY RESOLUTION NO. 05-
9 207 FOR THE PURPOSE OF ACQUIRING FEE SIMPU: TITLE,
10 REQUIRED FOR THE ELIMINATION OF BLIGHT AND SLUM AND
II FUTURE CONSTRUCTION OF IMPROV~:IVlENTS TO THE CITY'S
12 ORIGINAl, REDEVELOPMENT AREA PURSUANT TO HIE HEART
13 OF BOYNTON COMMUNITY REDEVLEOPMENTPLAN WITHIN
14 THE CITY OF BOYNTON BEACH, FLORIDA; PROVIDING FOR AN
15 EFFECTIVE DATE.
16
J7
18 WllER~:AS, on Octobcr 18, 2005 thc City Commission adopted Resolution No 05-
19 177; and
20 VVIIEREAS, ou Dcccmbcr 6, 2005, the City Commission adopted Resolution No. 05-
21 207 which amcnded thc legal dcscription for Parcel No. 127; and
22 WHER~:AS, an emincnt domain action has been riled to effectuate acquisition of the
23 Parcels; and
24 \VIIEREAS, defenses have been raised in the clTlment domain action which. in an
25 abundance of caution, can be addresscd by the restatement of the City Commission's intent to
26 undertake the acquisition of the Parcels by eminent domain in furtherance of redevelopment
27 of slum and blighted property and in accordance With the Heart of Boynton Community
28 Redevelopment Plan heretofore adopted by the City Commission.
29 WHEREAS, it was, at all times material hereto, the intention of the City Commission,
30 to acquire the Parcels in accordance with Chapter 163. Flonda Statutes, in addition to
31 Chapters 73 and 74; and
CODING:
Words in sfRIe!H1troHgfl type arc deletions from existing law;
Words in underlincQ type arc additions.
':\Ci\\RFS()\2d:HllRcsu]l<lh (fina1)3dll(:
WHEREAS, the City Commission restates that the acquisition of the real property
2 described in composite Exhibit "A" to Resolution No. 05-117, as amended by Resolution No.
3 05-207 (hereinafter referred to as Exhibit "A") for a public purpose. to wit: the elimination of
4 a blighted and slum property and conversion of the property for community redevelopment
5 pursuant to the City's and the CRA's adopted redevelopment plans, and to add express rather
6 than implied reference to Chapter 163, Florida Statutes.
7 NOW, THEREFORE, BE IT RESOLVED BY CITY COMMJSSION OF THE
8 CITY OF BOYNTON BEACH, FLORIDA, THAT:
9 SECTION 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed
]() as being true and correct and are hereby incorporated herein.
I I SECTJON 2. Section 2 of Resolution No. 05- In, as amended by Resolution No. 05-
12 207 is amended as follows:
13 It is necessary, serves a municipal and public purpose, and is in the best interest of the
14 City of Boynton Beach to acquire the t'H.pt'rli€.s Parcels to eliminate slum and blight and to
15 implement the Heart of Boynton Community Redevelopment Plan.
16 SECTION 3. Section 3 of Resolution No. 05-117, as amended by Resolution No. 05-
17 207 is amended as follows:
] 8 That the properties described in 8ml~ Exhibit "A" altntne-tH1€ft'lB be and the same
19 are hereby ratified, confimled and found to be necessary 4B'~aHjHtril1g tht' j}fHj3mi€.s to eliminate
20 slum and blight and to implement the Heart of Boynton Community Redevelopment Plan. The
21 City of Boynton Beach shall acquire fee simple title to said properties by gift, purchase, or
22 eminent domain as described in Chapter 163,--H>4. Florida Statutes and Chapters 73 and 74,
CODING:
Words in strud, through type are deletions from existing law;
Words in underlined type are additions.
S:\CA\RESO\2damResohob (final)3.doc
2
florida Statutes. That acquisition of said parcels for this project is necessary and serves a public
2 purpose.
3 SECTION 4. This Resolution shall be etTeetive nunc pro tunc as of October 1 S.
4 2005.
5
PASSED AND ADOPTED this
day of May, 200(>.
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CITY OF BOYNTON
FLORIDA
BEACH,
Mayor
Vice Mayor
('onunissioncr
Conllnissioncr
COllllnissiollcr
ATTEST:
Ci t y Clerk
(Corporate Seal)
CODING:
Words in struck t1~oubh type are deletions II-om existing law;
Words in underlined type are additions.
o
.)
s:\( >,~\RES()\2d<lmResuh()h (llnal)3.dn,.
XII. - LEGAL
ITEM 0.2
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Cp!01lJiission Date Final Form Must be Turned Requested City Conunission Date Final Form Must be Turned
MCtll}.lR-IJ::tc;:~ in 10 ~jtv Clerk's OJfice Meetinl! Dates in to Citv Clcrk'~ Office
0 April 4, 2006 March 20, 2006 (Noon.) 0 June 6, 2006 May 15, 2006 (Noon)
0 April 18,2006 April 3, 2006 (Noon) 0 June 20, 2006 June 5, 2006 (Noon)
0 May 2, 2006 April ]7,2006 (Noon) 0 July 5, 2006 June 19,2006 (Noon)
l8J May 16, 2006 May 1,2006 (Noon) 0 July 18, 2006 July 3, 2006 (Noon)
0 Administrative 0 Development Plans
NATURE OF 0 Consent Agenda 0 New Business
AGENDA ITEM 0 Public Hearing MI Legal
0 Bids 0 Unfinished Business
0 Announcement 0 Presentation
0 City Manager's Report
RECOMMENDATION: Adopt Resolution restating the public pwpose which underlies the acquisition of parcels in the
City's redevelopment area pursuant to the Community Redevelopment Plan, as amended and for vehicular and pedestrian
access and public parking,
EXPLANATION: The City Commission previously adopted an intent Resolution authorizing acquisition of property in
furtherance of the City and the CRA'S Community Redevelopment Plan.
PROGRAM IMPACT: None
FISCAL IMPACT: None
ALTERNATIVES: None
\
~
<C_.
Department Head's Slgnature
~
City Manager's Signature
Department ~ame
\
-'-.'1;: ~
City Attorney / Finance / Human Resources
S:\BULLETfN\,FOR1\.lS\A( ;FND,^. ITL'v] REQUEST FORM. DOC
~
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IS
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R~:SOLUTlON NO.
A RESOLUTION OF THE CITY COMMISSION OF Tin: CITY OF
BOYNTON BEACH, FLORIDA, AM~:NIHNG RESOLUTION NO. 06-
057 RESTATING THE PUBLIC NECESSITY OF ACQUIRING THE
COMMERCIAL CONDOMINIUM UNITS DESIGNATED AS sUln:s
101,102.104 and 209 WITHIN TIn: FIRST FINANCIAL PLAZA FOR
THE PURPOSE OF ACQUIRING FEE SIMPLE, REQUIRED FOR THE
ELIMINATION OF BLIGHT AND SLUM AND FUTURE
CONSTRUCTION OF IMPROVEMENTS TO TIlE CITY'S ORIGINAL
REDEVELOPMENT AREA AND FOR VEHICULAR AND
PEDESTRIAN ACCESS AND PUBLIC PARKING WITHIN TH~: CITY
01<- BOYNTON BEACH, FLORIDA; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City Commission adopted Resolution No. 06-0S7 on April 4. 2006
17
(the "Resolution"); and
18
WHERE-AS, it was, at all times material hereto, the intention of the City CommIssion
]9
to acquire properties in accordance with Chapter 163. Florida Statutes in addition to Chapters
20
73 and 74, Florida Statutes; and
21
WHEREAS, the City Commission restates that the acquisition of the real property
22
described herein as Exhibit ";\" is for a public purpose with express, rather than implied
23
reference to Chapter I 63, Florida Statutes.
24
NOW, THEREFORE, BE IT RESOLV~:D BY CITY COMMISSION OF THE
25
CITY OF BOYNTON BEACH, FLORIDA, THAT:
26
SECTION 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed
27
as being true and cOlTeet and are hereby incorporated herein. All exhibits attached hereto arc
28
hereby incorporated herein.
29
SECTION 2. Section 3 of Resolution No. 06-0S7 is amended as lallows: That the
30
properties described in composite Exhibit "A" attached hereto as commercial condominium
CODING:
Words in stFuc~ type are deletions from existing law;
Words in llnderlined type are additions.
S:\Ci\\f{];SO\f\II1Rcsn !(lr (kcan ()lll' (rinal) (2},du,
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I units designated as suites 101, ]02, 104 and 209 and the same are hereby ratified, confirmed
2 and j()lInd to be necessary for acquiring the fee simple estate to eliminate blight and slum and
3 for the future improvements to the City's original redevelopment area and for vehicular and
4 pedestrian access and public parking. The City of Boynton Beach shall acquire fce simple title
5 to said parcels by gift, purchase, or eminent domain as described in Chapters 163 aflf!--Um,
6 Florida Statutes, and Chapters 73 and 74, Florida Statutes. That acquisition of said parcels for
7 this project are necessary and serve a public purpose.
8 SECTION 3. This Resolution shall be effective nunc pro tunc as of April 4, 2006.
9
PASSED AND ADOPTED this
day of May, 2006.
CITY OF
FLORIDA
BOYNTON
BEACH,
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
ATTEST:
City Clerk
(Corporate Seal)
('ODI;-.JG:
Words in Dtmck throHgh type are deletions from existing law;
Words in underlined type are additions.
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3 EXHIBIT A
4 LEGAL DESCRIPTIONS OF UNITS
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6 Unit 101. FIRST FINANCIAL PLAZA, according to the Declaration of Condominium
7 thereof, recorded in ORB. 3239, Page 714, and all exhibits and amendments
8 thereof, Public Records of Palm Beach County, Florida, together with an undivided
9 interest in any appurtenant comrnon elements, as provided for in said Declaration of
10 Condominium.
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13 Unit 102, FIRST FINANCIAL PLAZA, according to the Declaration of Condominium
14 thereof, recorded in O.R.B. 3239, Page 714, and all exhibits and amendments
15 thereof, Public Records of Palm Beach County, Florida, together with an undivided
16 interest in any appurtenant common elernents, as provided for in said Declaration of
17 Condominium.
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20 Unit 104, FIRST FINANCIAL PLAZA, together with parking spaces 10 and 70,
21 according to the Declaration of Condominium thereof, recorded in ORB. 3239, Page
22 714, and all exhibits and amendments thereof, Public Records of Palm Beach
23 County, Florida, together with an undivided interest in any appurtenant common
24 elements, as provided for in said Declaration of Condominium.
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27 Unit 209, FIRST FINANCIAL PLAZA, together with parking spaces 23 and 36,
28 according to the Declaration of Condominium thereof, recorded in O.R.B. 3239. Page
29 714, and all exhibits and arnendments thereof, Public Records of Palm Beach
30 County, Florida, together with an undivided interest in any appurtenant common
31 elements, as provided for in said Declaration of Condominium.
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CODING:
Words in struck through type are deletions from existing law;
Words in underlined type are additions.
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