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Agenda 10-03-06 The City of nt n h 100 E. Boynton Beach Boulevard. (561) 742-6000 City Commission AGENDA October 3, 2006 Jerry Taylor Mayor - At Large Bob Ensler Commissioner - District I DISTRI T I Mack McCray Commissioner - District II 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 &. PROCEDURES FOR PUBLIC PARTICIPATION AT CITY OF BOYNTON BEACH COMMISSION MEETINGS THE AGENDA: There is an official agenda for every meeting of the City Commissioners, which determines the order of business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or item of business, which is not listed upon the official agenda, unless a majority of the Commission has first consented to the presentation for consideration and action. · Consent Agenda Items: These are items which the Commission does not need to discuss individually and which are voted on as a group. · Regular Agenda Items: These are items which the Commission will discuss individually in the order listed on the agenda. · Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either a regular voice vote with "Ayes & Nays" or by a roll call vote. SPEAKING AT COMMISSION MEETINGS: The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public Audience, and on any regular agenda item. City Commission meetings are business meetings and, as such, the Commission retains the right to limit discussion on an issue. · Public Hearings: Any citizen may speak on an official agenda item under the section entitled "Public Hearings." · Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of the Commission. · Regular Agenda Items: Any citizen may speak on any official agenda item(s) listed on the agenda after a motion has been made and properly seconded. . ADDRESSING THE COMMISSION: When addressing the Commission, please step up to either podium and state, for the record, your name and address. DECORUM: Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission will be barred from further audience before the Commission by the presiding officer, unless permission to continue or again address the Commission is granted by the majority vote of the Commission members present. Please turn off all pagers and cellular phones in the City Commission Chambers while the City Commission Meeting is in session. City Commission meetings are held in the Boynton Beach City 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 October 3, 2006 6:30 P.M. I. OPENINGS: A. Call to Order - Mayor Jerry Taylor B. Invocation by Monsignor Leonard Badia - St. Vincent Seminary 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 &. SPECIAL EVENTS, &. PRESENTATIONS: A. Announcements: 1. Cancellation of December 19, 2006 City Commission Meeting. B. Community and Special Events: 1. Pirates of the Intracoastal - A Fantastic Fantasy Event, will be held on Saturday, October 21, 11 a.m.-7 p.m. and Sunday, October 22, 11 a.m.-5 p.m. at Intracoastal Park. General admission is $7 adults, children 3-12 and seniors $5. A special fireworks display will take place on Saturday at 6:30 p.m. This event is produced in partnership with the CRA. C. Presentations: 1. Proclamations: a. National Customer Service Week - October 2 - 6, 2006 b. Proclaim the City of Boynton Beach General Election on November 7, 2006 c. Tribute to COBWRA (Coalition of Boynton West Residential Associations) on its 25th Anniversary 1 Agenda Regular City Commission Meeting Boynton Beach, Florida October 3, 2006 2. Presentation on possible expansion and reconfiguration of Bicentennial Park in conjunction with a new proposed office building. IV. PUBLIC AUDIENCE: INDMDUAL SPEAKERS WILL BE LIMITED TO 3-MINUTE PRESENTATIONS {at the discretion of the Chair, this 3-minute allowance may need to be adjusted depending on the level of business coming before the City Commission> V. ADMINISTRATIVE: A. Accept the resignation of Jeanne Kashan, a regular member of the Arts Commission. B. Appointments to be made: Appointment Length of Term To Be Made Board Exoiration Date Ensler Bldg. Bd of Adj & Appeals Alt 1 yr term to 4/07 I Ensler Cemetery Board Alt 1 yr term to 4/07 Tabled (3) Mayor Taylor Code Compliance Board Alt 1 yr term to 4/07 II McCray Community Relations Board Alt 1 yr term to 4/07 I Ensler Community Relations Board Reg 3 yr term to 4/08 Tabled (3) II McCray Education and Youth Advisory Board Alt 1 yr term to 4/07 Tabled (3) III Ferguson Education and Youth Advisory Board Alt 1 yr term to 4/07 Tabled (3) IV McKoy Education and Youth Advisory Board Reg 2 yr term to 4/07 IV McKoy Library Board Alt 1 yr term to 4/07 Tabled (3) Mayor Taylor Library Board Alt 1 yr term to 4/07 III Ferguson Recreation & Parks Board Alt 1 yr term to 4/07 II McCray Recreation & Parks Board Reg 3 yr term to 4/07 Tabled (2) 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. Special Fire Assessment - September 13, 2006 2. Agenda Preview Conference - September 15, 2006 3. Regular City Commission - September 19, 2006 2 Agenda Regular City Commission Meeting Boynton Beach, Florida October 3, 2006 B. Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2006-2007 Adopted Budget. 1. Approve a piggyback on the City of Brooksville, Florida Generator Equipment Bid #GG2006-02 for (2) two Katolight 60kw emergency stand-by generators with an estimated expenditure of $20,913.95/each for a total expenditure of $41,827.90. One-half of the purchase price to be reimbursed by the Town of Hypoluxo and the Fairmont Place Homeowners Association with a net fiscal impact to the City of $20,913.95. 2. Award "CO-OP BULK QUCKLIME", Bid #068-2821-06/JA, to CHEMICAL LIME, INC. of Lakeland, Florida, with an estimated expenditure of $193,842 for the City of Boynton Beach Utilities Department. 3. Approve piggyback (DeKalb County, Georgia) purchase of a mobile Breathing Air Supply Trailer from Breathing Air Systems in the amount of $85,932. This purchase is grant-funded through a FEMA Fire Act Grant. 4. Approve the contract for "REPLACEMENT OF BOYNTON BEACH LIFEGUARD TOWERS" Bid #057-2413-06/JA, to J. RAWN ENTERPRISES INC., of West Palm Beach, FL, in the amount of $103,365 with a contingency of 20% for a total expenditure of $124,038. (Proposed Resolution No. R06-166) C. Resolutions: 1. Proposed Resolution No. R06-167 RE: Approving a change to the Hurricane Housing Recovery Program's Hurricane Housing Assistance Plan (HHAP) increasing the subsidy of the disaster prevention strategy from $5,000 to $10,000. 2. Proposed Resolution No. R06-168 RE: Approving and authorizing execution of a Marketing & Events Cooperative agreement between the City and the Boynton Beach Community Redevelopment Agency (CRA) in the amount of $34,101 in order to combine resources, ideas and efforts to plan events for the City and the CRA. 3. Proposed Resolution No. R06-169 RE: Approving and authorizing execution of an Interlocal Agreement between the City and the School Board of Palm Beach County for the mutual use of facilities. 4. Proposed Resolution No. R06-170 RE: Approving and authorizing the execution of Amendment #1 to Task Order U-04-18-2, Stanley Consultants, Inc., in the amount of $49,857 providing for conversion of existing utility base maps to a new Auto CAD standard. 3 Agenda Regular City Commission Meeting Boynton Beach, Florida October 3, 2006 5. Proposed Resolution No. R06-171 RE: Approving the adoption of FEMA guidelines for future reimbursements after a storm event for debris pickup on private roads and gated communities. 6. Proposed Resolution No. R06-172 RE: Approving and authorizing the execution of a Task Order for $9,850 to SFRN, Inc. to provide Site Plan Exhibits and the Permit Applications for dredging and adding two (2) buoys to the channel at Boat Club Park. 7. Proposed Resolution No. R06-173 RE: Approving and authorizing the execution of the Library State Aid Grant Application. 8. Proposed Resolution No. R06-174 RE: Approving and authorizing execution of a professional service contract with Ms. Donna Brosemer, d/b/a Politically Correct Inc., in the amount of $31,500 annually. 9. Proposed Resolution No. R06-175 RE: Approving and authorizing execution of an agreement between the City of Boynton Beach and the American Legion Post 164, Boynton Beach, FL granting the use of City owned property located in the landscape median within the right-of-way of the intersection of West Ocean Avenue, Ocean Drive and Southwest 6th Street for the construction or placement of a monument honoring members of the United States Armed Forces. D. Approve full release of surety for the project known as Dahlgren PUD in the amount of $549,093.05 and return of the letter of credit number 3053264 from the Bank of America in this amount to the project developer. E. Approve the updated Library Long Range Plan for 2006-2009. F. Approve paying full-time category "C" employees for Tropical Storm Ernesto. VII. CODE COMPLIANCE &. 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 A. Project: Agent: Owner: Location: Peninsula (SPTE 06-007) Tom Yianilos Waterbrook Development, LLC 2649 North Federal Highway 4 Agenda Regular City Commission Meeting Boynton Beach, Florida F. October 3, 2006 Description: Request for a six month Site Plan Time Extension for site plan approval granted on July 5, 2005, to extend site plan approval from July 5, 2006 to January 5, 2007. (Request to table to November 21, 2006) B. Project: Agent: Owners: Location: Description: c. Project: Agent: Owners: Location: Description: D. Project: Agent: Owners: Location: Description E. Project: Agent: Owner: Location: Description: Project: Agent: Owner: Baywalk {NWSP 06-017} Carlos Balbe, P.A. Southern Homes of Palm Beach V, LLC West side of Federal Highway, North of Miller Road Request for new site plan approval for 40 townhouse units on a 2.26 acre parcel in an IPUD zoning district. Boynton Bagels (ANEX 06-007) Bradley Miller, Miller Land Planning Consultants Peters 3377 N. Federal Highway LLC 3377 North Federal Highway (east side of Federal Highway, south of Turner Road) Request to annex subject property. (1st Reading of Proposed Ordinance No. 06-081) Boynton Bagels {LUAR 06-020} Bradley Miller, Miller Land Planning Consultants Peters 3377 N. Federal Highway LLC 3377 North Federal Highway (east side of Federal Highway, south of Turner Road) Request to amend the Comprehensive Plan Future Land Use Map from Commercial High with underlying Medium Density Residential of 5 du/ac (CH/5) (Palm Beach County) to Local Retail Commercial (LRC) (1st Reading of Proposed Ordinance No. 06-082) Request to rezone from General Commercial (CG) (Palm Beach County) to Community Commercial (C-3) (1st Reading of Proposed Ordinance No. 06-083 ) Red Lobster (NWSP 06-018) Linda Nunn GMRI, Inc. (Neil Terwilliger) Out Lot #3 @ Boynton Town Center, approximately 450 feet north of the northeast corner of Congress Avenue and Old Boynton Road Request for new site plan approval to construct a 7,010 square foot restaurant and related site improvements on Out Lot #3 of the Boynton Town Center site. Smokey Bones (NWSP 06-019) Linda Nunn GMRI, Inc. (Neil Terwilliger) 5 Agenda Regular City Commission Meeting Boynton Beach, Florida October 3, 2006 Location: Out Lot #1 @ Boynton Town Center, northeast corner of Congress Avenue and Old Boynton Road Description: Request for new site plan approval to construct a 6,436 square foot restaurant and related site improvements on Out Lot #1 of the Boynton Town Center site. IX. CITY MANAGER'S REPORT: A. Schedule of all development fees and when payment is due B. Discussion of Public Arts Fund and Art in Public Places Program C. Discussion of CRA boundaries X. FUTURE AGENDA ITEMS: A. Heritage Festival update (October 17, 2006) B Addition of requirements over and above State requirements for board members to recuse themselves (October 17,2006) C. Feasibility of Saturday hours for the Building Division (March 2007) XI. NEW BUSINESS: None XII. LEGAL: A. Ordinances - 2nd Reading - Development - PUBLIC HEARING None B. Ordinances - 2nd Reading - Non Development - PUBLIC HEARING 1. Proposed Ordinance No. 06-078 Re: Establishing a policy for naming City facilities within the City of Boynton Beach, providing for the appointment of a committee to act in an advisory role to the City Commission on the naming of City facilities. (To be continued to October 17, 2006) 2. Proposed Ordinance No. 06-079 Re: Amending Chapter 18, Article II, Division 4 to amend Section 18-111 entitled "Normal Retirement" to clarify the intent with respect to issuance of a supplemental benefit (13th check). (To be continued to October 17, 2006) 6 Agenda Regular City Commission Meeting Boynton Beach, Florida October 3, 2006 3. Proposed Ordinance No. 06-080 Re: Amending Chapter 2, Administration, of the Code of Ordinances to add a new Article XV; Small and Minority Business Enterprises; establishing a program to assist small and minority business enterprises in competing for and being awarded City contracts; establishing procedures for designation of small and minority business enterprise status; authorizing administrative action to implement, administer and monitor program goals. (To be continued to October 17, 2006) C. Ordinances - 1st Reading 1. Proposed Ordinance No. 06-084 Re: Adopting the proposed revisions to the Boynton Beach Administrative Amendments to the 2004 Florida Building Code. D. Resolutions: 1. Proposed Resolution No. R06-176 RE: Approving and authorizing the proposed adjustments to the fee schedule for development and related applications. 2. Proposed Resolution No. R06-177 RE: Approving and authorizing the proposed fee additions and adjustments for building permits. E. Other: None XIII. UNFINISHED BUSINESS: A. XIV. ADJOURNMENT: NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MAnER CONSIDERED AT THIS MEETING, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HElsHE 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 AUXIUARY 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 1WENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST. FIRST DRAFT AGENDA S:\CC\WP\CCAGENDA\AGENDAS\Year 2006\100306.doc 10:30 a.m. 7 _- _~__\-r~~~"" - - . , .. -- .." .J' · )x .OJ~ ____. -#//:~(; ".' - - "'~ '1'0 <:>/ III.-ANNOUNCEMENTS &. PRESENTATIONS Item A.l CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORlVI Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office D August I, 2006 July 17,2006 (Noon,) [8J October 3, 2006 September 18,2006 (Noon) D August 15, 2006 July 31, 2006 (Noon) D October 17, 2006 October 2, 2006 (Noon) D September 6, 2006 August 14,2006 (Noon) D November 8, 2006 October 16, 2006 (Noon) D September 19,2006 September 5, 2006 (Noon) D November 21, 2006 November 6,2006 (Noon) [8J AnnouncementslPresentations D City Manager's Report NATURE OF D Administrative D New Business AGENDA ITEM D Consent Agenda D Legal D Code Compliance & Legal Settlements D Unfinished Business D Public Hearing D RECOMMENDA TION: Permit announcement. EXPLANATION: The December 19,2006 City Commission meeting is cancelled. PROGRAM IMPACT: N/ A FISCAL IMPACT: (Include Account Number where funds will come from.) N/A ~~~ Departme~ad' s Signature ALTERNATIVES: Not to allow the announcement. Ity Manager's Signature Assistant to City Manager ~ Department Name City Attorney / Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM_DOC III.-ANNOUNCEMENTS & PRESENTATIONS Item 8.1 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORl\'l Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meetmg Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office 0 August L 2006 July 17,2006 (Noon.) ~ October 3, 2006 September 18, 2006 (Noon) 0 August 15, 2006 July 3\,2006 (Noon) 0 October 17,2006 October 2, 2006 (Noon) 0 September 6, 2006 August \4,2006 (Noon) 0 November 8, 2006 October 16,2006 (Noon) 0 September 19,2006 September 5, 2006 (Noon) 0 November 2\, 2006 November 6, 2006 (Noon) ~ Announcements/Presentat ions 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM 0 Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 RECOMMENDATION: Pennit announcement EXPLANA TION: Pirates a/the Intracoastal, A Fantastic Fantasy Event, produced in partnership with the CRA, will be held on Saturday, Oct. 21,2006, 11 a.m.-7 p.m., and Sunday, Oct. 22,2006, 11 a.m.-5 p.m. at Intracoastal Park. General admission is $7; children 3-12 and seniors $5. This pirate-themed adventure will feature continuous entertainment, children's activities and period vendors. A special fireworks display will take place on Saturday at 6:30 p.m. This event was cancelled last year due to Hurricane Wilma. PROGRAM IMPACT: This announcement will help heighten awareness ofthis family-oriented special event. FISCAL IMPACT: None ALTERNATIVES: Not pennit announcement :U/~L ~ .&~".( epartmen Head's nature ,} /)J'~ ~anager's Signature Assistant to City Manager CIJrt/ Public Affairs Department Name City Attorney I Finance S\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC ~"tV .01>- /..'(7\ .! .......> j, 0\ . .'. (J J- " .". .. Il" ~7"o N~ III.-ANNOUNCEMENTS & PRESENTATIONS Item C.l.4. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Meeting Dates in to Citv Clerk's Office D August I, 2006 July 17,2006 (Noon) [8] D August 15, 2006 July 31, 2006 (Noon) D D September 6, 2006 August 14,2006 (Noon) D D September 19, 2006 September 5, 2006 (Noon) D Requested City Commission Meeting Dates Date Final Form Must be Turned in to City Clerk's Office October 3,2006 September 18,2006 (Noon) October 17,2006 October 2, 2006 (Noon) November 8, 2006 October 16,2006 (Noon) November 21, 2006 November 6, 2006 (Noon) .J'...... ..--' :~ f.-')=; --..i -( (; -I NATURE OF AGENDA ITEM D [8] D D . D AnnouncementslPresentati ons Administrative Consent Agenda Code Compliance & Legal Settlements Public Hearing D D D D D City Manager's Report New Business U) i"l U "\0 'J ~T] Legal Unfmished Business ..r;-- CJ .:.:) ""'(:1 .,--J --I ('...~, _.J .~;.,.. .'1'~- '~CJ 3C' --,....-"> , .,() N "-'-.) .....0 RECOMMENDATION: Proclaiming the week of October 2 through October 6, 2006 as National Customer Service Week in the City Of Boynton Beach. EXPLANA nON: As an organization dedicated to serving the public, the City Of Boynton Beach fully supports the ideas and practices embodied in the attached proclamation declaring National Customer Service Week. Special events scheduled during this week will remind our customers how important they are to all of us. PROGRAM IMP ACT: We, as a City, can positively impact all of our customers by continually striving to improve our level of Customer Service. FISCAL IMPACT: (Include Account Number where funds will come from.) None ALTERNATI~. NOOM X .' -~ . Department Head's Signature k City Manager's Signature Assistant to City Manager ~ Utilities Department Name City Attorney / Finance XC: ,";peter Mazzella (w/attachment) Anthony Penn " File S\BULLETfN\FORMS\AGENDA ITEM REQUEST FORM.DOC An entity built on customer service understands and anticipates the customers' needs. It designs goods and services to meet those needs and builds products that perform to customers' expectations. The City of Boynton Beach strives to deliver services to its citizens in such a manner, with an emphasis on quality and innovation. The City endeavors to be responsive, cooperative, and culturally and environmentally sensitive to its citizens, while embracing the highest standards of integrity and accountability to those it serves. The U.S. Congress proclaimed National Customer Service Week a national event in 1992 to create a positive message that lasts all year long and to provide a productive opportunity to generate an even stronger ongoing commitment to customer service excellence. National Customer Service Week provides the City of Boynton Beach and area businesses the opportunity to recognize and thank the employees who dedicate themselves to customer satisfaction and to recognize and thank the customers who are the reason for their existence. This celebration also offers the public the opportunity to recognize and thank those customer service professionals who serve them. The theme of this year's National Customer Service Week is "Building Bridges To Customers." There is continued effort at the City of Boynton Beach for achieving excellence in service, products and environmental quality through integrity, stewardship, creativity, diversity and innovation. Customer service professionals can go a long way in ensuring customer satisfaction. Now, therefore, I, Jerry Taylor, by virtue of the authority vested in me as Mayor of the City of Boynton Beach, do hereby proclaim October 2 - 6, 2006 "National Customer Service Week" in Boynton Beach, Florida, and urge all citizens to observe this week with appropriate programs and activities. In witness whereof, I have set hereunto my hand and caused the Seal of the City of Boynton Beach, Florida, to be affixed at Boynton Beach, Florida, this 3rd day of October in the Year 2006. Jerry Taylor, Mayor City of Boynton Beach ATTEST: City Clerk C:\Doeuments and Settings\pylej\Loeal Settings\Temporary Internet Files\OLKCI E\NCSW Proclamation Letter Oct 2 -6 2006 rev.doe ~\ '":".2"" / -y\ (-- ( -h ~\ ~ /_i.l ,j,',. . '-r/~ \ '" '., .,,,., 'V ; /~, .,',",,,, ,M'" :.) 'l" }'a N III.-ANNOUNCEMENTS 8t PRESENTATIONS Item C.l.b CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office D August I, 2006 July 17,2006 (Noon.) [8J October 3, 2006 September 18, 2006 (Noon) D August 15,2006 July 3 I, 2006 (Noon) D October ] 7, 2006 October 2,2006 (Noon) D September 6, 2006 August 14,2006 (Noon) D November 8, 2006 October 16,2006 (Noon) D September 19, 2006 September 5, 2006 (Noon) D November 21, 2006 November 6, 2006 (Noon) [8J Announcements/Presentations D City Manager's Report NATURE OF D Administrative D New Business AGENDA ITEM D Consent Agenda D Legal D Code Compliance & Legal Settlements D Unfmished Business D Public Hearing D RECOMMENDATION: Proclaim the City of Boynton Beach General Election on November 7,2006. EXPLANATION: In accordance with Section 138 of the City Charter, the Mayor is required to call the election by Proclamation. Once read by the Mayor, the Proclamation will be published in the Palm Beach Post for two consecutive weeks prior to the General Election. PROGRAM IMPACT: N/A N/A FISCAL IMPACT: ALTERNATIVES: The City of Boynton Beach would be in violation of its Code of Ordinances if we did not issue this proc mation. ~ City Manager's Signature Assistant to City Manager ~ City Clerk's Office Department Name City Attorney / Finance S:\CC\WP\ELEmON\year 2006 Elections\AGENDA ITEMS\Agenda Item Request for Reading of Proclamation - 10-03-06.dot PROCLAMA TION I, Gerald Taylor, Mayor of the City of Boynton Beach, Florida, do hereby proclaim that a General Election will be held in the City of Boynton Beach, Palm Beach County, Florida, on the ih day of November, 2006 to elect one Mayor-at-Large, one City Commissioner for District 1 and one City Commissioner for District 3 to serve a three- year term expiring in November 2009. The voting hours are between 7:00 a.m. and 7:00 p.m. on said date. Polling places are hereby designated as follows: VOTING LOCATIONS PRECINCT 3098 FREEDOM SHORES ELEMENTARY SCHOOL 3400 HYPOLUXO ROAD PRECINCT 3100 BOYNTON LAKES CLUBHOUSE 1 WESTMINSTER LANE PRECINCT 3101 BOYNTON LAKES CLUBHOUSE 1 WESTMINSTER LANE PRECINCT 3102 NEWPORT PLACE 4735 NW 7TH COURT PRECINCT 3122 SANTALUCES HIGH SCHOOL 6880 LAWRENCE ROAD PRECINCT 3126 NAUTICA CLUBHOUSE 8000 BERMUDA SOUND WAY PRECINCT 3128 THE UNITED WAY OF PALM BEACH COUNTY 2600 QUANTUM BLVD. PRECINCT 3129 THE UNITED WAY OF PALM BEACH COUNTY 2600 QUANTUM BLVD. PRECINCT 3130 BOYNTON BEACH HIGH SCHOOL 4975 PARK RIDGE BLVD. PRECINCT 3131 BOYNTON BEACH HIGH SCHOOL 4975 PARK RIDGE BLVD. PRECINCT 3140 BOYNTON BEACH HIGH SCHOOL 4975 PARK RIDGE BLVD. PRECINCT 3148 LEISUREVILLE # 1 CLUBHOUSE 1007 OCEAN DRIVE City of Boynton Beach Election Proclamation General Election - November 7,2006 PRECINCT 3150 LAKESIDE CHRISTIAN CHURCH 3560 OLD BOYNTON ROAD PRECINCT 3152 FIRST BAPTIST CHURCH 301 NORTH SEACREST BLVD. PRECINCT 3154 LEISUREVILLE #3 CLUBHOUSE 2001 SW 13TH AVENUE PRECINCT 3160 TARA LAKES CLUBHOUSE 43 TARA LAKES DRIVE EAST PRECINCT 3162 BOYNTON BEACH LEISUREVILLE CLUBHOUSE 1807 SW 18TH STREET PRECINCT 3164 GOLFVIEW HARBOUR CLUBHOUSE 2775 SW 14TH STREET PRECINCT 3168 HUNTERS RUN CLUBHOUSE EASTGATE DRIVE PRECINCT 3170 ASCENSION LUTHERAN CHURCH 2929 S SEACREST BLVD PRECINCT 3172 ASCENSION LUTHERAN CHURCH 2929 S SEACREST BLVD PRECINCT 4006 HUNTERS RUN CLUBHOUSE EASTGATE DRIVE PRECINCT 4030 BOYNTON BEACH BOAT CLUB US HWY 1 & NE 21ST AVENUE PRECINCT 4034 STERUNG VILLAGE AUDITORIUM 500 S FEDERAL HIGHWAY PRECINCT 4040 CHRISTIAN MISSIONARY VISION (BETHESDA TABERNACLE) 2923 S. FEDERAL HIGHWAY PRECINCT 4190 HUNTERS RUN EASTGATE CLUBHOUSE EASTGATE DRIVE PRECINCT 7114 EZELL HESTER COMMUNITY CENTER 1901 NORTH SEACREST BLVD. PRECINCT 7116 VILLAGE ROYALE ON THE GREEN 2505 NE 2ND STREET PRECINCT 7120 TEMPLE BETH KODESH 501 NE 26TH AVENUE 2 City of Boynton Beach Election Proclamation General Election - November 7, 2006 PRECINCT 7122 BOYNTON BEACH BOAT CLUB US HWY 1 & NE 21ST AVENUE PRECINCT 7124 BOYNTON BEACH CONGREGATIONAL CHURCH 115 NORTH FEDERAL HIGHWAY PRECINCT 7126 BOYNTON BEACH BOAT CLUB US HWY 1 & NE 21ST AVENUE PRECINCT 7128 BOYNTON BEACH CIVIC CENTER 128 E OCEAN AVENUE PRECINCT 7130 BOYNTON BEACH BOAT CLUB US HWY 1 & NE 21ST AVENUE PRECINCT 7132 FIRST UNITED METHODIST CHURCH 101 NORTH SEACREST BLVD. PRECINCT 7134 HIGH POINT CLUBHOUSE III 230 SOUTH BLVD. PRECINCT 7136 ASCENSION LUTHERAN CHURCH 2929 SOUTH SEACREST BLVD. PRECINCT 7138 ASCENSION LUTHERAN CHURCH 2929 SOUTH SEACREST BLVD. CITY OF BOYNTON BEACH GERALD TAYLOR, MAYOR ATTEST: JANET M. PRAINITO, CMC CITY CLERK (Corporate Seal) 9/20/2006 9:03 AM jmp S:\CC\WP\ELEmON\Year 2006 Elections\PR0C2006 - Voting Precincts.doc 3 !:''TY'_O'"'' ~ --.- ...::-.._._..~...-- -- ~- +_.-.- ...-- ~'----, --_..- -. -.- ~ ~J "'ON "" III.-ANNOUNCEMENTS & PRESENTATIONS Item C.l.c CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City CommissIon Date final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to CilV Clerk's Office D August I, 2006 July 17,2006 (Noon) [8J October 3, 2006 September 18, 2006 (Noon) 0 August 15,2006 July 31, 2006 (Noon) D October 17.2006 October 2, 2006 (Noon) D September 6. 2006 August 14,2006 (Noon) D November 8, 2006 October 16,2006 (Noon) D September 19, 2006 September 5, 2006 (Noon) D November 2 J, 2006 November 6, 2006 (Noon) [8J Announcements/Presentati ons D City Manager's Report NATURE OF 0 Administrative D New Business AGENDA ITEM D Consent Agenda 0 Legal D Code Compliance & Legal Settlements D Unfmished Business D Public Hearing D RECOMMENDATION: Present Tribute EXPLANATION: The Coalition of Boynton West Residential Associations is celebrating its 25th anniversary. The organization's mission is to strive to improve the quality oflife for the residents of the West Boynton area through the exchange of infonnation of common interest and through interface with the appropriate governmental functions and agencies representing the unincorporated area. Continuing dialog between the City and COBWRA has also produced a mutually beneficial partnership. PROGRAM IMPACT: Presentation of this Tribute will help heighten public awareness ofCOBWRA within the City and how the organization's forum for support, education, networking and advocacy also helps to benefit City residents. FISCAL IMPACT: None Public Affairs 1Z~.rure Assistant to City Manager ~ AL TERNA TIVES: Not present Tribute ~~ ~~~~ Depart tHe s SIgnature Department Name City Attorney I Finance S:\BULLETJN\FORMS\AGENDA ITEM REQUEST FORMDOC TRIBUTE In 1981, Dr. Richard Carrington founded the Coalition of Boynton West Residential Associations. Its purpose was to address the needs of the area because there was no I of local government to do so. Representatives of seven neighborhood organizations I"e:( and elected Dr. Carrington as their first president. Over the years, COBWRA has grown to represent the interests of 78 associations and more than 80,000 residents. Officers, directors and committee members serve without monetary compensation and have worked long and hard to create a forum for support, education, networking and advocacy. They have adopted an organizational framework that encourages information sharing and collaboration by neighborhoods with diverse and distinct traits and concerns. True to their mission, members strive to improve the quality of life for West Boynton residents. COBWRA has earned considerable respect, and strives to protect its service area from unrestrained expansion and uncontrolled growth to the detriment of local residents. Their officers and members are frequently consulted by the Palm Beach County Planning Department and have been requested to serve on many County committees. Among their many accomplishments is their assistance to the Planning Department in creating a Master Plan for Future Development of West Boynton. Some of the issues in which the organization has taken a pro-active position that have benefited citizens both within the City and in West Boynton include: legislation to better regulate insurance rates; realistic Homeowner and Condominium Regulation legislation; equitable Medicare rates in South Florida; support of the half-cent School Sales Tax; support of the County School Concurrency legislation. In addition, COBWRA's input into land development process for the unincorporated area has helped to ensure the positive contribution of new projects to the entire area. As West Boynton becomes built out, the organization will turn its focus more on quality of life issues rather than on growth management, which will also benefit all citizens. It is fitting and appropriate, therefore, that the City of Boynton Beach recognizes with this Tribute The Coalition of Boynton West Residential Associations on the occasion of a quarter century of service to the residents of West Boynton and urge that all citizens continue in their partnership that has proven beneficial to both the City of Boynton Beach and to West Boynton. In witness whereof, I have set hereunto my hand and caused the Seal of the City of Boynton Beach, Florida, to be affixed at Boynton Beach, Florida, the 3rdh day of October, Two Thousand Six. Jerry Taylor, Mayor City of Boynton Beach A ITEST: City Clerk (Corporate Seal) '! C\..,.:__~o",,\ i \ c' JX 0- - V J-'" /.Y i"t4 ; ~?~; '"01-- UI.-ANNOUNCEMENTS & PRESENTATIONS Item C.2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office 0 August I, 2006 July 17, 2006 (Noon.) rgj October 3, 2006 September 18, 2006 (Noon) 0 August 15,2006 July 31, 2006 (Noon) 0 October 17, 2006 October 2, 2006 (Noon) 0 September 6, 2006 August 14,2006 (Noon) 0 November 8, 2006 October 16,2006 (Noon) 0 September 19,2006 September 5, 2006 (Noon) 0 November 2 I, 2006 November 6, 2006 (Noon) (/) .,- NA TURE OF AGENDA ITEM rgj AnnouncementslPresentations 0 City Manager's Report D Administrative D New Business D Consent Agenda D Legal D Code Compliance & Legal Settlements 0 Unfinished Business D Public Hearing 0 c-:-) r-) "T CD ro.) o -'~~ - ("') RECOMMENDATION: Presentation on possible expansion and reconfiguration of Bicentennial Park in conjunction with a new proposed office building. Representatives wish to make a short presentation to the City Commission to obtain comments from the City Commission. EXPLANATION: At the request ofa member of the City Commission, representatives ofa proposed Boynton Beach City Center and Bicentennial Park expansion project would like to present a concept plan that would exchange two privately owned parcels north of the existing park for the City owned Animal Control Facility parcel ofland. This would allow for the expansion of the park along the entire length of the city block along Federal Highway. The plan also proposed to construct and office building west of and adjacent to the park. A schematic plan, memorandum from the project representatives and a proposed resolution for the conveyance of real property are attached for your review. PROGRAM IMPACT: The redevelopment of Bicentennial Park is currently not on the list of priority projects due to the press of other park areas. This park is gaining importance however as the re-development of the downtown area progresses. The park is antiquated and is not used extensively. The reconfiguration of the park will be a benefit to the community. FISCAL IMPACT: (Include Account Number where funds will come from.) Not applicable at this time. AL TERNA TIVES: Do not allow the presentation at this time. ~ Ity Manager's SIgnature Assistant to City Manager Ch6 Department Name City Attorney / Finance S:\BULLETfN\FORMS\AGENDA ITEM REQUEST FORM.DOC MEMORANDUM TO: CARISSE LEJEUNE ASSISTANT CITY MANAGER, CITY OF BOYNTON BEACH CARY NAG DE MAN REPRESENTING DAVID KAHAN, TRUSTEE SEPTEMBER 14, 2006 THE EXPANSION OF BICENTENNIAL PARK FROM: DATE: RE: David Kahan, Trustee, (Boynton City Center) has the two parcels North of the existing park under contract for purchase. He proposes to: 1. Exchange those two parcels (purchase price: $1.6 Million) for the City owned dog pound parcel of land. 2. This would allow for the expansion of the park from street to street, allowing the park to expand the length of the entire city block along Federal Highway. 3. Kahan also is desirous of improving the expanded City Park with improvements such as: new landscaping, benches, fountains, pavers, pergolas, etc. to make a beautiful, usable and vibrant urban park. 4. Kahan also proposes to construct a much needed Office Building (perhaps mixed use, but predominantly office use) west of and adjacent to the park. In this Office Building the ground floor would house space that would be dedicated to serving the Park to insure it's use and viability as a downtown gathering place. There is intended to be room for services such as: a coffee shop, an ice cream shop, a lunch shop, etc. Additionally, the ground floor of the building would house restrooms with external public access from the Park. This would facilitate people using the park during their lunch hours, etc. without the need to build little outhouse-type restrooms which would be a visual deterrent to the Parle Restrooms and the Park would be maintained by the ownership of the building via a perpetual maintenance easement/agreement, thus removing the maintenance burden to the City. The Office Building would be built on the dog pound site and the Hegstrom parcel to the north (Corvette Shop parcel). This project would contribute to making a traffic signal on Fifth Avenue and Federal Highway to be converted to a full intersection with right and left turns available from both the eastbound and westbound directions. This would serve the entire surrounding area. 5. Free parking spaces for the Office Building would be made available for park . use on evenings and weekends, thus facilitating the Park for use for special events. The presentation will be to show visuals of the proposed Park and Office Building and for the introduction of a Resolution authorizing the City Manager to enter into negotiations for the land exchange. Please let us know if you need any additional information. ~m Cary Nagdeman Representing David Kahan, Trustee (Boynton (Beach City Center (800) 898-7697 Boynton Beach City Center (800) 898-7697 It is my pleasure to introduce you to The Boynton Beach City Center located in Downtown Boynton Beach, Florida's Gateway to the Gulfstream. Located in southern Palm Beach County, Boynton Beach is a year round community that offers a full compliment of recreational, entertainment, shopping and dining opportunities. Easily accessible by road, rail, sea and air, Boynton Beach is a city of neighborhoods with much to offer residents, visitors and businesses. Boynton Beach is currently under a massive downtown redevelopment. The plan is to add approximately 8,000 to 16,000 new residences to the Downtown area. In order to undergo this challenge it was necessary to remove and rebuild some of the older structures in the downtown area that housed many businesses and offices. Due to the call for progress currently there is a great demand for Office, Commercial, Hotel and Mixed Use development. The City of Boynton Beach remains on the cutting edge with offering grants for redevelopment. There are currently 6,717 residential units approved and under construction with an additional 1,384 awaiting approval. We have also added 1,457,212 square feet of commercial retail space with an additional 1,278,297 pending approval. For the last calendar year, the total construction value of residential and commercial permits was nearly $500 million and more than $311 million, respectively for a total of $811 million. Today's opportunity calls for Professional Office space. In the recent past, several large Corporations, Hotels, and Businesses have inquired about relocating to the Boynton Beach area. Until today Boynton Beach developers have been unable to accommodate all those who are in need space in our fine city due to the lack of an appropriate assemblage of parcels (Boynton Beach CRA area is comprised of smaller parcels of land). We have an assemblage that is ready to go with the strong possibility of adjacent sites being added for additional phases. For the last two decades Palm Beach County has experienced rapid economic growth, a trend likely to continue into the next century. Contributing to the success of the area are factors including: a strong corporate culture; enviable quality of life; and educational system committed to excellence; state-of-the -art transportation facilities and a skilled and dedicated workforce. The Boynton Beach City Center is an exciting new project whose success is assured by the growing demand for such a development project. I am looking forward to speaking with you in person to share the excitement and the future success of this opportunity. Sincerely, Cary M. Nagdeman President of Project Development ~ ::.. ~ ~ .. .. ~: ~-.:: -,' -' '--;i<l:':~ .-, ~""'<". 'Q.._ _ _ .-.........~,"1lf" ","' - --.= ',$,,,....,.-- ..... ~..,. ~..- - -""'';'" '<. -~'..,.,- ... 1 , , " . '. '. "~ .....~~-:. I I I I r '-"-"-"-"-", a l t, , /~ "~ Features: Location: within Boynton Beach's CRA (Community Redevelopment Area). Site specific Location: adjacent to a small urban City Park that is slated for expansion and an improvement such as water features, meeting Pavilions, Arts Pavilion, (Green Market & lunch destination, possible entertainment area or mini amphitheatre). Four blocks North of Ocean Avenue, the Park's depth West of Federal Hwy. The wealthiest people per capita in the Country travel the Ocean Ave. Bridge (from Ocean Ridge, Manalapan, Delray Beach, etc.) Park Related Retail: Ice cream shop, Coffee shop, Sandwich shop, etc. will be located in our ground floor. City & CRA Incentive: The CRA needs TIFF money. They do not get TIFF money until new projects are built. They are running low on TIFF money due to larger projects, which have been approved but not built. Market Status: No new Office Buildings have been approved. The only Office Building (other than older strip center type offices) is planned to be demolished in 12 to 18 months. Residential market has been strong for luxury size and luxury view units. Larger projects have stalled. Our project has only 32 units and they are all luxury size & view. Proximity to Intracoastal: +/- .25 miles. Proximity to Ocean: +/- .5 miles. Our lowest occupied level (level 6) will have Intracoastal views. All other levels (levels 7-12) will have ocean views. Our assemblage of parcels is the only one of two remaining areas in the City slated for 150' height. The total number of sites slated for 150' were seven in total. #1. Has a completed project +/- 280 units that was sold out in one week. #2. +/- 300 units Sold out in a week-end, rescinded all contracts later, raised the price 11 % and has pre-sold enough in this current market to start +/- 300 units). #3 +/- 300 units approved; stalled due to size (too large). #4 +/- 550 units (too large) & pending litigation re eminent domain issues. #5 No plans announced, it requires a huge assemblage due to the number of parcels in a City sponsored self-assembly program. #6 Our site. #7 Site adjacent to ours to the south. This could be our future expansion, subsequent phases site. , ____ I ~' , ' 0.- - - ~'O='. .n__~~- .__---~-~:,--l. -- -- - .._..= I ' -- - ' _ . ._-E::":~-::::= \~. r~ I Qr-~ en i ) c;- \\ " -. 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N CO 0:( '" '" <0 '" 'o:t '" W Z > W I- Z W -1 W a: w ~ > z W J: > W :J a: ~ w w z (!) >< > -1 W W 0 J: Z W I- Z W (f) Ci5 u: u.. t- o -' -' -' -' -' -' -' -' -' -' -' -' -' u. w w w w w w w w w w w w ~ 0 > > > > > > > > > > > > 0 w w w w w w w w w w w w 0 er -' -' -' -' -' -' -' -' -' -' -' -' I- in "" 0 f...- ~ Co in f...- en "" in 'o:t M N 0 ~ ~ 0 ~ ~ ~ ~ '" <Xl <0 '" 'o:t (") (") N ~ 1 2 "\ 4 RESOLUTION NO. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO AN EXECUTE AGREEMENT ON BEHALF OF THE CITY IN CONNECTION WITH AN EXCHANGE OF INTEREST IN AND CONVEYANCE OF REAL PROPERTY and 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 ,5 6 J7 "~ APPROVING THE DISPOSITION OF THE CITY OF BOYNTON BEACH DOG POUND, MAKING CERTAIN FINDINGS, AND AUTHORIZING THE CITY MANAGER TO TAKE ACTIONS NECESSARY TO IMPLEMENT THE AUTHORIZED AGREEMENT. WHEREAS, Florida Statute , authorizes a governmental unit such as the CITY OF BOYNTON BEACH to exchange" an interest in real property upon fair consideration; and WHEREAS, The CITY OF BOYNTON BEACH and the COMMUNITY REDEVELOPMENT AGENCY (CRA), are desirous of creating developable parcels of real property to encourage, facilitate and foster sound planning and redevelopment within the boundaries of the CRA District; and WHEREAS, The CITY OF BOYNTON BEACH and the CRA, are desirous creating a well planned, active City Urban Park for the use and enjoyment of the citizens of THE CITY OF BOYNTON BEACH; and WHEREAS, The CITY OF BOYNTON BEACH has an interest in the real property located on N.W. 4th Street, further being described as 515 N.E. 4th Street (Par ID# 08434521260060040), also known as the "City Dog Pound Property"; and WHEREAS, the Contract Vendee, David Kahan, Trustee, of certain blighted real property located along N.E. 4th Street between N.E 3rd Avenue and N.E. 5th Avenue and further being described as 425 N.E. 4th Street (Par ID# 08434521260060010), also known as the "Hegstrom Parcel", is desirous improving said property and expanding the to the South, combining it with the real property known as the "City Dog Pound Property"; and .J 41 WHEREAS, The City has interest in real property located on North 42 Federal Highway Par ID# 08-43-45-21-26-005-0050, also known as the "Bi- 43 Sentinel City Park" which is an underutilized and largely vacant existing 44 City Park, needing improvement and expansion to be of more value to the CITY 45 OF BOYNTON BEACH and it's citizens; and 46 47 WHEREAS, The CITY OF BOYNTON BEACH and the CRA, are desirous of 48 elimination of blight within the CRA District, in general, and more 49 particularly in the area along North Federal Highway between N.E. 3rd Avenue 50 and N. E. 5th Avenue, further being described as 445 North Federal Hwy. (Par 51 ID# 08434521260050010) & 417 North Federal Hwy. (Par ID# 08434521260050030), 52 BOYNTON BEACH, FL; and 53 54 WHEREAS, the Contract Vendee, David Kahan, Trustee, of those 55 aforementioned certain blighted real properties located area along North 56 Federal Highway between N.E. 3rd Avenue and N.E. 5th Avenue, further being 57 described as 445 N. Federal Hwy. (Par ID# 08434521260050010) & 417 N Federal 58 Hwy. (Par ID# 08434521260050030), BOYNTON BEACH, FL., is desirous improving 59 said property and expanding the current City Park and transforming it into a 60 well planned, active Urban City Park for the use and enjoyment of the 61 citizens of The CITY OF BOYNTON BEACH; and 62 63 WHEREAS, the Contract Vendee, David Kahan, Trustee, is desirous of 64 assembling real property (the "Resultant Development Site") upon which to 65 create a Mixed Use Development project consistent with the CITY OF BOYNTON 66 BEACH'S and CRA's goals and objectives; and 67 68 WHEREAS, the Contract Vendee, David Kahan, Trustee has contracted with 69 the three current real property owners to purchase said parcels for the ~O purpose of an exchange of real property with the CITY OF BOYNTON BEACH and 1 the development of a new Mixed Use project on parcels to be referred to as 72 the "Resultant Development Site"; and WHEREAS, North West 4th Street is an underutilized and unnecessary /5 Street Right Of Way adjacent to the real property known as the "City Dog 76 Pound Property" and the real property known as the "Hegstrom Parcel"; and 77 Et--h.lb,+ Dnl~ 78 79 '0 I 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 9& 99 100 101 102 103 104 105 106 107 10& 109 110 III 112 113 '14 5 ,16 117 11& 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 49 jO 151 152 153 154 155 WHEREAS, the Street Right of Way adjacent to and Ea,;t th, F.E' Right Of Way, adjacent to the real property known i"] the "Ci t Y I;og Pound Propel ty" and the .real property known as the "Hegstrom Parcel" is an unused and unnecessary Right Of Way; and WHEREAS, the CITY OF BOYNTON BEACH and the Contract Vendee, David Kahan, Trustee are in favor of an exchange of real property and the abandonment of the both Right Of Ways adjacent to the subject real property for the purposes of creating the "Resultant Development Site", for the purposes stated above, i.e. creation of a new improved and expanded, active Urban City Park and for the creation of a new Mixed Use Development project; and WHEREAS, the "Resultant Development Site" would be 515 NE 4ch Street (Par ID# 08434521260060040), also known as the "City Dog Pound Property" plus 425 NE 4th Street (Par ID# 08434521260060010), also known as the "Hegstrom Parcel" plus the abandoned Right Of Ways adjacent and to the East and West of the entire length said "City Dog Pound Property" and said "Hegstrom Parcel". WHEREAS, the Contract Vendee, David Kahan, Trustee, whishes to preserve his development rights of the North Federal Highway properties, and rezone the Resultant Development Site, to MU-H, Mixed Use High; and WHEREAS, the land exchange between the CITY OF BOYNTON BEACH, FLORIDA and the Contract Vendee, David Kahan, Trustee that is contemplated will result in the CITY OF BOYNTON BEACH, FLORIDA owning more valuable parcels in the exchange, a useable, improved, expanded, active Urban City Park and a much needed new Mixed Use Development in the downtown BOYNTON BEACH; and WHEREAS, the CITY OF BOYNTON BEACH Florida and the CRA wish to negotiate certain development agreement{s) with the Contract Vendee, David Kahan, Trustee (Boynton City Center) (Developer) which provide for an exchange of properties between the CITY OF BOYNTON BEACH and Contract Vendee, David Kahan, Trustee; and WHEREAS, the proposed Creation of a Mixed Use Development and re- Development and improvement of and existing City Park as contemplated for the CITY OF BOYNTON BEACH, FLORIDA is consistent with the goals and objectives of the CITY OF BOYNTON BEACH and the CRA; and WHEREAS, the creation a new Mixed Use Development will conform to the current CRA and CITY OF BOYNTON BEACH Development and Redevelopment regulatiqns and guidelines. Contract Vendee, David Kahan, Trustee has contracted with the three current property owners to purchase said parcels for the contemplated exchange and development. WHEREAS, the consideration (in the form of land) that the CITY OF BOYNTON BEACH is receiving in exchange for the real property it will exchange and convey to Contract Vendee, David Kahan, Trustee, reflects the fair market value of that land for its highest and best uses; and WHEREAS, the Contract Vendee, David Kahan, Trustee is uniquely suited to develop and construct the new Mixed Use Development, and the New Urban City Park, and the other public improvements in that both the new structures and public improvements are integrated with and connected with the private improvements Contract Vendee, David Kahan, Trustee wil~ make on the Resultant Development Site, to be developed an known as Boynton City Center, and the "___City Park" site, and Contract Vendee, David Kahan, Trustee is willing to take risks relative to the development and construction of the public improvements that a developer or would not ordinarily take; and WHEREAS, the Contract Vendee, David Kahan, Trustee is desirous of proceeding quickly into Site Plan Approval processing, but needs reasonable assurance and certainty as to the configuration and size of proposed "Resultant Development Site" prior to certain expenditures necessary for application for Site Plan Approval; and WHEREAS, the City Commission has considered the matters before it in connection with this resolution; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, Florida THAT IT HEREBY FINDS THAT: A new expanded and improved Urban City Park would be beneficial to the OF BOYNTON BEACH, CRA and citizens of CITY OF BOYNTON BEACH and further be consistent the goals and objectives of the CITY OF BOYNTON BEACH and l. CITY would CRA. 156 2. The City Manager or his designee enter into negotiations with the 157 Contract Vendee,David Kahan, Trustee for the exchange and conveyance of real '8 property as described herein, above, subject to final Site Plan Approval. 9 '0 3. The City Manager or his designee shall direct the Parks and Recreation 1 Director to meet and work with the Contract Vendee, David Kahan, and Trustee .02 to develop mutual goals, objectives and maintenance strategies for the new 163 Urban City Park. 164 165 4. The City Manager or his designee is hereby authorized to take 166 such actions and execute such documents as are necessary to carry out the 167 intent of the CITY OF BOYNTON BEACH'S and Contract Vendee's obligations or 168 exercise the CITY OF BOYNTON BEACH'S rights under any of the agreements 169 referenced in this resolution and to: 170 171 a.) transfer any and all development rights from the properties that 172 the Contract Vendee has under contract to the "Resultant Development 173 Site", 174 175 b.) transfer the right to count the area of the new park towards the 176 required impervious, landscape and open space requirements on 177 "Resultant Development Site", and 178 179 c.) to include the Contract Vendee's obligation to relocate the 180 existing cell phone communication tower elsewhere on the "Resultant 181 Development Site". 182 183 5. The City Manager or his designee shall propose to the City 184 Commissioners, for their approval, an alternate suitable relocation site or 185 other disposition of the City Dog Pound. 186 187 6. If necessary, the City Clerk is directed to certify to the adoption 188 of this resolution and attach a copy thereof to each letter of intent, 189 agreement and/or deed or other document to be recorded pursuant to the 190 regulations set forth. 191 192 \3 Adopted by the City Commission at a regular meeting held on 44 2006 by the following vote: ) AYES: .6 NOES: 197 ABSENT: 198 199 200 ATI'EST: 201 APPROVED: 202 Ci ty Clerk 203 204 205 By: 206 207 City Clerk 208 Mayor .JEANNE KASHAN 36 Woods Lane . B . oynton Beach, FL 3343 · 6 561-734-8773 V.ADMINISTRATIVE ITEM A. ~. /6, ilot) b "-qJt-" 01J~~ /0 t) e. ~~;&,~ (Pi.-J. tfJ~ jw.d.fdJ-b ;It ;J~V~S- ();tL. f)~ thvj)~ pa,~ J)jftv AO~. kivJ>- ~ 7J:::fta-6M- 1- ~/6,41()t)P) .!i-.d..v~ ~p.v~~'f ~~ ~.dv Q;c f<v~~ .~. G ~ aU~~}-</r ~I ~) ". -,' ~; ,--~~ -< f- :~1 -<: c.=- ~~D 'J ~"j r....J -n c=:> '-=-") "', ~ ,)2 f>? . q - -qm .:~ ':_~~ .' () =c V. ADMINISTRATIVE ITEM B. APPLICANTS ELIGIBLE FOR APPOINTMENT 10/03/06 LAST NAME FIRST NAME 1 st CHOICE 2nd CHOICE 3"' CHOICE APPUCATlON SUBMITTED Aikens Willie L. Community Redev. 6/20/06 AQencv Board Brookes Deborah S. Arts Commission 9/13/06 Buchanan James (Buck) Community Redev. 7/10/06 Aoencv Board Camel Pamela Education and Youth 8/28/06 Advisorv Board S:\CC\WP\BOARDS\APPMENTS\Board Year 2006\Applicants Eligible for Appt 10-03-06.doc VI.-CONSENT AGENDA ITEM B.l CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Fina] Form Must be Turned Meeting Dates in to City Clerk's Office 0 August I, 2006 July]7,2006 (Noon.) rg] 0 August] 5, 2006 July 3], 2006 (Noon) 0 0 September 6, 2006 August ]4, 2006 (Noon) 0 0 September] 9,2006 September 5, 2006 (Noon) 0 Requested City Commission Date Fina] Form Must be Turned Meeting Dates in to City Clerk's Office October 3, 2006 September ]8,2006 (Noon) October] 7, 2006 October 2, 2006 (Noonr-~ en October] 6, 2006 (NoOJUci '-:-)--1 :-=i -~ November 8, 2006 -........~J --) .! c:J '---1 November 21,2006 November 6, 2006 (No~ ". c: NATURE OF AGENDA ITEM o Announcements/Presentations o Administrative rg] Consent Agenda o Code Compliance & Legal Settlements o Public Hearing o City Manager's Report o New Business o Legal o Unfinished Business o ~ c.~J -fTi (J ---. :-Y"1n :-r ,,) RECOMMENDATION: Motion to "piggy-back" off of the City ofBrooksville, Florida Generator Equipment Bid #GG2006-02 for (2) two Katolight 60kw emergency stand-by generators with an estimated expenditure of $20,913.95/each for a total expenditure price of$41,827.90. EXPLANATION: Procurement Services Division received a request from the Utilities Department to utilize the City of Brooksville, Florida Generator Equipment Bid #GG2006-02 for the purchase of (2) two Katolight generators at the following Lift Stations: 1. 2. Lift Stations #209 Hypoluxo Point #91 0 F airmont Place Generator Cost $ 20,913.95 20,913.95 $ 41,827.90 PROGRAM IMP ACT: The generators will allow continuation of wastewater pumping during power outages at the identified stations. Additionally, they will provide basic power to the Hypoluxo Town Hall and to the Fairmont Place Homeowners Association Clubhouse. FISCAL IMPACT: Funds are allocated in the FY 2006/2007 budget as follows: Account Description CIP R&R Sewer Account Number 403-5000-590-96-04 Amount $ 41,827.90 * One half of the purchase price will be reimbursed by the Town ofHypoluxo and the Fairmont Place Homeowners Association which will result in a net fiscal impact to the City of only $20,913.95. hase the generators which will result in non-operatio ations during power outages. City Manager's Signature Procurement Services Department Name S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC Memorandum Utilities #06-147 From:' Bobby Jenkins Assistant Finance Director n ~ . y Kofi Boateng, PE ~ ~ ~ Utility Director To: Date: August 24, 2006 Subject: Piggy-back City of Brooksville, Fl. Generator Equipment Bid GG2006-02 Two (2) 60kw Generators Agenda Item The Utilities Department would like to piggy-back the City of Brooksville, Florida bid for (2) 60kw emergency stand-by generators. The bid was awarded to CJ's Sales and Service Inc. of Ocala, FL. The department has worked with and purchased Katolight generators from CJ's in the past and they are very responsive and reliable. These units will be installed at our lift station numbers #209 (Hypoluxo Point) and #910 (Fairmont Place). An agreement with Town of Hypoluxo and the City was approved at a Commission meeting on June 20, 2006 and an agreement with Fairmont Place was approved on July 18, 2006. One half of the purchase price will be reimbursed by the Town of Hypoluxo and by the Fairmont Place Homeowners Association. The generators will allow continuation of wastewater pumping during power outages at the identified stations above. Additionally, they will provide basic power to the Hypoluxo Town Hall and to Fairmont Place Homeowners Association Clubhouse. Attached is the City of Brooksville, Florida bid, a letter from CJ's extending the bid price to the City of Boynton Beach and the price quotation for purchase. The cost per generator is $20,913.95 and the total for both is $41,827.90. Funds are available in account #403 -5000-590-96.04 SWR 111, Utility Reserve. Please present this at the next Commission meeting for approval. If you have any questions contact me at ext. 6401 or Tony Lombardi at ext. 6421. Attachments .it Xc: r" Pete Mazzella Michael Low Tony Lombardi Barb Conboy Dan Spooner Dan Derringer FROM CJ's Seyvice Dep~_ 352-732-0225 <FRI)AUG 25 2008 ~8:50/ST.~8:4a/No.7500000080 P 2 SALES AND SER C/O Katolight Corp. (Phone) 352/732..0271 (Fax) 352/732..0225 Florida's Authorized Distributor N. FIorida'S. a-gle 8IwIch Corporaa. OffIce Centnnouth floriA Bnnch 1I2.Q Magnolia Springs Lane 132 HE 17" PI. 2087 VIrginia Lee Circle JacIIsonvlHe Fl. 32258 Oeala, FL 34470 BrooksviU.. Fl. 34102 (904)260-177] (800)877-1260 (352)6]5-4797 Proposal For City of Boynton Beach August 25, 2006 Tony Lombardi, CJ.s Sales and Service is willing to extend the Awarded Contract Price from City of Brooksville to Boynton Beach. KATOllGHT MODEL: (Qty - 1) - SED60FRJ4T1 GENERATOR: 60 kW, 75 kVA, 60 Hz Diesel, 1800 RPM VOLTAGE: 2771480 ACV 3-Phase ENGINE: Deere 4045TF270 (Quote# 6083) Standard Features Included: Steel Sub Base, Battery Cables. Battery Box, Flex Fuel Connector. Oil Drain Extension. Lube Oil and Antl-freeze Selected Model Features Induded: Torque Match Mechanical Governor 3-5% CONTROL PANEL: KDGC 500 Katolight Digital Genset Controller (KDGC-500) utilizes microprocessor-based technology to provide a versatile system for genset control, protection and monitoring. The KDGC-500 is equipped with a microprocessor based. flash memory, displays 18 engine/generator parameters, has user programmable analog sender inputs for oil pressure, coolant temperature and fuel level, controls engine starting and stopping, Programmable alarms and pr&-alanns, NFPA-110 level 1 compatible, (3) programmable inputs, (2) programmable outputs, remote annunciation via 2-wire communications. UL listed and CSA certified. ENCLOSURE: Weather Proof ACClMsories: Sound Attenuating Foam & Scoops COOLING SYSTEM: Unit Mounted Radiator CIRCUIT BREAKERS: 90 AMP 277/480 Three Phase - Mounted and Wired in a NEMA 1 Enclosure (Qty: 1) BATTERY: Lead Acid Battery 1000 CCA @ 0 F (1) Acceuortes: Unit Mounted Steel Rack (Per Battery) (1) b~ ...CK HEATER: Standard @20 F 1000 Watts Accessories: Heater wired to a Terminal (1) FROM CJJs Se~vice D~pt. 352-732-0225 (FRI)AUG 25 2006 lS:50/ST. lS:49/No.7500000060 P VIBRATION ISOLATION: Neoprene Vibration Mounts. Pad Type BATTERY CHARGER: KL12/6 (12 Volt, 6 Amp) Accessories: KL 1216 - Mounted-Wired AC & DC (1) MUFFLER: Critical. Enclosed Accessories: Rain Cap SUB BASE TANK: Enclosed (with Stub Up) - (105 Gat) Fuel tank(s) factory installed. Features include double wall Ul142 approved. constructed in accordance to NFPA 30, fuel leak detection standard (low fuel level alarm standard), 1_5 M nonnal vent cap, 2" fill with lockable fill cap, 2-6" NPT opening for emergency vent Included Accessories: Low fuel level float switch only (signal for control panel LED indicating light) Fuel leak detection float switch only (signal for control panel LED indicating light) AUTOMATIC TRANSFER SWITCH: ASCO 300 Poles: 3 3003225C (225 Amp) (Qty: 1) Accessories: NEMA 3R Enclosure Warranty (2 Year-Standard) (1 ) Test Switch (1) Manual Bypass of Transfer to Normal TO (1) ATS Switch Position Indicating Lights (1) Source Available Indicating Ughts (1) Deluxe Automatic Engine Exerciser with Load/No Load Selector Switch (1) ATS Position Indicating Contacts (1 Normal, 1 Emergency) (1) Provisions for Remote Transfer Contact (Peak Shaved) bypassed if Emergency Fails (1) In-Phase rvtonitor for Motor Load Control (1) Selective Load Disconnect (1) Provisions for Inhibiting Transfer to Emergency (1) Time Delay Momentary Outage Override (Normal) (1 ) Time Delay Momentary Outage Override (Emergency) (1) Time Delay Transfer to Emergency (1) Time Delay Re-transfer to Normal (1 ) Time Delay Engine Cool Down (1 ) MISCELLANEOUS: Warranty - Two-Year /1500 Hour (1) Paint - Katolight Tan (1) Testing - Standard Commercial Test: 1 Hour (1) Manual- One Instruction Manual (1) NOTES: 1. This proposal Is our Interpretation of your requirements, and Include. only the items listed. Should th.... be other requirements or specifications, we win re-quote accordingly. 2. Seller reserves the privilege of re-quotlng upon receipt of written speclftcations and drawings. 3. Freight FOB OcaIa, Fl. 4. Quote to Include: Supply Truck to Deliver, Perform Warranty Start Up, Perform Onsits Training for Personnel. 5. Material pricing in this proposal is subject to change, based on price of commodity related materials ( copper, steel, cement, etc.) at time of purchase. Customer Is ....ponslble to pay any acldftlonal co... associated with the change. ........,.... .a,l,.U.,a4'.U, AAAAA.a......................"...".. "..........A .....L4...... ~__. FROM CJ~s Se~vice Dep~. 352-732-0225 (FRI)AUG 25 200B 1B:51/ST.1B:48/No.75000000BO P 4 ... 'lposal Summary: TOTAL PROPOSAL PRICE: S 20,913.95 AA&&AAA&&l4&AA&AAA4AAA4&aA~&A&&A4AAAA.AAAAAAA1aAl4A~AA&&&&&&&4&&&A Quoted prices do not Include Federal, State or Local taxes. which may be applicable. Quoted prices include normal testing, packaging and Instructional literature. Special testing, packaging, additional Instructional literature, parts, provisioning lists or prints are not Included, and prices will be quoted separately. Quotation Firm For 30 Day(.) Delivery Notes: BY: John Willis CJ'. Sales and Service c/o Katolight Corp. John WID.. (904) 888-5005 Quote# 6083 ...........&...1&.'-1.1 ....I,A...IA....I.L111..1IA....u.,aa l.l.L.l1.1.l.....11A.. ...1......& Customer Acceptance: Date of Acceptance: Purchase Order Number: Signature of Acceptance Special Instructions: Please Issue Purchase orders to CJ's Power Systems c/o Katolight Corp. FROM CJ's SeFvice Dep~. 352-732-0225 (FRI)AUG 25 2008 18:S1/ST. 16:49/No.7500000060 P 5 ~.-.-~ .. .. SALESA~ ATTACHMENT "An CLARIFICATIONS and EXCLUSIONS Material pricing in this proposal is subject to change, based on the price of commodity related materials (coppr, steel, ete) at the time of purchase. Customer is responsible to pay any additional costs asscociated with this change. GENERAL TERMS This proposal is valid for 15 days from date of issue. This proposal is based upon available information at time of quote. CJ's Power Systems retains the right to re-quote if any further or additional information/specifications are made available by the customer after the time of this proposal. PAYMENT TERMS Terms are Net 30 from time of Invoice. Invoicing will occur at Notification of shipment from factory. Full payment is due and payable prior to start-up and commissioning. Jobsite services and warranty will not be provided until payment in good funds is received. CJ's Power Systems can provide a performance bond equal to five (5) percent of the full contract value. This bond is to guarantee performance of all equipment and services provided by CJ's Power systems, and is to be used in lieu of any and all retainages. DEUVERY Allow 14-16 weeks from reception of purchase order or signed agreement for equipment manufacture and shipment. CJ's Power Systems does not guarantee delivery at any certain hour or date. All schedules provided by O's Power Systems are estimates and can change depending on transportation and other factors beyond the control of CJ's Power Systems. Unless otherwise noted, CJ's Power Systems is not responsible for unloading, rigging, positioning or anchoring equipment. Rigging methods, number and sizes of lifts and security and safety of unloading, rigging and lifting are not the responsibility of CJ's Power Systems. All equipment weights provided by CJ's Power Systems are to be verified by scale for rigging and lifting purposes. Scale weighing prior to delivery is the responsibility of the purchaser. PERMITING Unless otherwise agreed upon, CJ's Power Systems is not responsible for securing and paying for permits, licenses, certificates, inspections, registrations, etc. required by any government, state, city, township or regulatory agency that may be required in any way for the installation and operation of the proposed equipment. WARRANTY All warrantees begin when purchased equipment is placed into service or up to 3 months from date of shipment or from notification of shipment, whichever occurs first. START-UP I TRAINING Start-up and training services quoted are contingent upon return of a completed Start-up checklist provided by el's Power Systems, and are based upon one visit. If necessary items are incomplete and thereby require an additional visit, mileage and labor will be charged at normal rates quoted by CJ's Power Systems upon request. INCONSISTANT PROVISIONS In the event customer should submit a purchase order for the goods/services described in this proposal and said purchase order contains terms and conditions of it's own, CJ's Power Systems terms and cond itions shall control. l- i , , t i I i i ~ ~ a . ~ I 1 i , , ~ J ,- City of BJrooksville ~~_~.____~#~~---=-~_r....~.,~..."..~~s; , ! , ~ ~ ~ ~ t:: i ~ f , , ~ , . . 5 J , i ~ z i a ~ I i . I f I f i July 6, 2006 Mr. Dudley Hargrove, President C. J.'s Sales and Service, Inc. 132 N.E. I? Place Ocala, FL 34470 Subject: City ofBrooksville, Generator Purchases Dear Mr. Hargrove: ;::, 'r1f~ ( !/ (AI".f ( t7 ;'{I' (352) 544-5400 (phone) (352) 544-5424 (Fax) (352) 544-5420 (IDD) Repl, to: DepArtment of JPublic Vi70rks 600 South Brooksville Avenue BrooksviIle, Florid... 34601-3710 (352) 544-5466 (phone) (352) 544-5470 (Fax) Please accept the enclosed City ofBrooksville Purchase Order # 06-508 in the corrected arno.unt of($223,820.46 as your Notice to Proceed with the furnishing and delivery of the subject generators. ~~~~~~:;'-J:""..~""'C""".~.Io/.~~~~ ~ i ~ ~ ; ! ~ i Q ! . ~ ~ l i ~ ~ ! . I ~ I I i f f f I i i I i- ! .f I . ~ i , ~ ~ i i ~ t ! C ~ i s f ~ Please note that this purchase order is different from what was bid (a copy of your original bid is attached for your quick reference). The ordering of one large generator, two of the smaller 40. kw generators and one of the 30kw generators has been deferred pending clarification of our grant/loan arrangement with USDA. Weare expecting to have all issues with USDA resolved within 30 days: The price on the third 40 kw generator has been increased per your quote to have it supplied as a dual voltage unit 120/240 & 277/480. The delivery location on the large 230 kw generator is to be 201 Howell Avenue, Brooksville, . FL 34601. We need the arrival date and time scheduled in advance so that we can have a crane standing by to unI9ad it. All other generators are to be delivered to 600 S. Brooksville Avenue, Brooksville, FL 34601. ~~ Emory H. Pierce EHP!cm G:\ W _PERF\EMOR y\062906COBGeneratorPurchase.wpd I ~ t ~ Requisition for Mate;lafs or Services CITY OF BROOKSVILlE ;.. ('..:-:' ,-~'~;<..:..i :2.6 SOUTH l ~)DI<.::;VILU= ("VENUE, B:~'JCH :{:9:04-pl~;49B':4 l. :..;46C}1 THiS NUMBER MUST APF)EAh i'lL INVOICES, PACKING LIS'S, 31 .LS LADING AND CORRESPONDEN(T :;r1l'vo'ce:~n4)UP1lcat€,'f&c.."".::7~G~roQKs:vm€}A~ve;'Ero~GKsV.j]Ie;zITomJi'33512 :-toittn ~::f:;i1:@ Q)C~e.zQ~p~ TO VENDOR ;se.-.::-v~c-= -r~ s H I P I :~rs ?~~e= S~gteG8 ~&l28 Gi}Q 2i t->;;,- :t=:--asl:sT:Llls cIa K2tGlight COYDoratian .....,- 0 1::'~ to :G. 17' tri .t~ J...8C2. ~;:,)'~) .F-o=<'jok_s~-~' ! Ie -56.7ler:i.:C:.E:_ PI- .34470 T o -1 ."'~ '-= Oca12""l: I;yo-c<k.s'7ille ~ ?L 3~46Gl . .Y: --- F.O.B. DESTINATION VENDOR NO. ./~ ,,/'-.~.-:: DATE REQUISITIONED 6j.29JU-b LAST P.O. I DEPT iDIVISION .......~ . DATE tit-'f- SCi1.i /TIt-ilit.T ACCOUNT NUMBER DESCRIPTION UNIT PRICE AMOUNT . FUND DEPT. BASIC . OBJECT OC11 vu9 510 5554'0 .23G lGI- ~gu:id C.ooled DiesE;l Gs::'er-cd::.or r.~":'i~ 4QO ~~; tz-ansfer ~cs..rif-Cr:~2~_!!JRfj~" c :;.n~g ~ r-:o.-.; ~a D'::'~,:'€" Gt=.-I:iE:r.2.tor wfth135 ,~~.P trcn..c;:i:er, _?~.~.~,.._,.<...:":........~,,',--....J... ',_~-:- -.!J/'-~~R' ~~.:_,_-~,. :-,' ....:i:.:....!.. '. ' , " ...~~ ~".;;.. ~~..... ....;11 "Y~ _ _..? .!:.has'e ~~ '4 ~~,.;~"'f"'"e -"'tys-t~.., ;G/I;;J!~if~~led Die..sel Ge;::;'2Y.'ct.or >>7'''''''' --.", E..o<;;:' L!:'=s=er s",it,"h :,.::2~~~1:~n:::B::::~:c:::e~::L::;s ~<p'. T::=sfer ~:~i;;~:~~:e:' :;~~::OG:X:~:c:h:::: :~~i:~p s~::::~~ -277!~g9- ~rG-lt ",3" DC3.Se .~& ~ire s-vst~; ; 4:2'. r 5:JL,,6.1 4Q} OOD l6~ 19037 il#. ?1:l.J:X :.':'(~:':'_:'::" t,q-y 000 16.0 1:3037 Ii "l;if -'Q -_. )~.." ~Dl O{)O .It:o 29.037 23~69g~0Q ; "'~.' :.-'>' 0-;)0 156 ;::C,-;S'13L?5 .,,--~....~~~-~~-.......'"..........--=----,-";-"-....,---- ,,,,-,-,,,~, ~----."~"'-'-" .-- TATE TAX EXEMPT ~g~f1ii,t;''::..~-G0f>;:2} -54: O CONFIRMING ORDER DO NOT DUPLICATE ESTIMATED SHIPPING COST, IF APPLICABLE ~ DO NOT EXCEED THIS ..... TOTAL WITHOUT AUTHORIZATION Jill""""' TOTAL THIS P.O. IF' REQUISITIONED By-:",<'i>':>Zif <:~.: ~. :.:..2>::......"''--''-:' HEREBY CERTIFY THAT FUNDS TO COVER THESE EXPENDITURES ARE \UTHORIZED IN THE BUDGET AND HAVE NOT BEEN. EI;JCUMHERED ~' APPROVED '.j~ NOT VALID VZrTHOUTAUT110R'ZED SIGNATURE :j ~j t= , ~ . 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" _9 -;;; () <-= E oJ U -0 QJ ~ " oJ EO Co -::; 0- ~ (5 ~ ., ;; (:) ~ 8 :3 " b E ~ ~ I!,. ~ . 6 I :1 ~ o r.y/ L( e G 1- d//~, t?4' g{/~ '{-c-/ /' ~ McKethan Park Equipment Consideration of proposed project t lnstall playground equipment and fencing in the area between the batting cages and the tennis courts in McKethan Park for an estimated cost not to exceed $2C,OCO, with proposed funding from the McKethan Fund. 9. Generator Purchases a) Bid No. GG2006-02 City Hall & Lift Stations Award of the bid to CJ's Sales and Service in the total amount not to exceed $320,480.97 ($90,643.62 for the 2 larger generators and $229,837.35 for 13 smaller generators) under the USDA Grant for City Hall Retrofit and Generators. b) Bus (BERT) Award of Optional Additive Alternate Bid #11 to Tampa Armature Works in the amount of $12,461.00 to fund a 12.5kw generator. Funds available from Lease/Purchase of original BERT I unit sold to Jackson County - Storm Readiness Fund Account. c) Portable Trailer Mounted BERT Generator Award of Optional Additive Alternate Bid #1 to CJ's Sales and Service in the amount of $24,563.10 to fund a trailer mounted 80kw diesel generator. Funds available from Lease/Purchase of original BERT Trailer Mounted Generator sold to Jackson County - Storm Readiness Fund Account. 10. Florida Rural Water Authoritv (FRWA) Grant Application Authorization to (a) submit a grant application up to $10,000 for a storm drain stenciling project required under our City NPDES Permit; and (b) concurrently issue Request for Bids for the proj ect, bid award dependent upon successful grant award. CONSENT AGENDA APPROVAL (v) ACTION: APPROVED D. CERTIFICATES, PROCLAMATIONS AND PRESENTATIONS 1. Marqaret R. Ghiotto Beautification Awards a) Residential Beautification Award Recognition of improvements to property owned by Willamena Parrott Taylor located at 251 E. Liberty St. ACTION: PRESENTED b) Commercial Beautification Award Recognition of improvements to property owned by Robert A. Buckner and occupant Jazzercise by Tracey Morse located at 210 W. Jefferson St. ACTION: PRESENTED 2. Juneteenth Celebration Proclamation Proclamation designating June 19, 2006 Brooksville and encouraging participation Rally on Saturday, June 17, 2006. as "Juneteenth Day" in in the Community Awareness ACTION: PRESENTED - 2 - CITY OF BROOKSVILLE MEMORANDUM TO: Honorable Mayor and City Council Members City Manager and City Attorney Department/Division Heads FROM: Karen M. Phillips, CMC, City Clerk DATE: June 7, 2006 SUBJECT: Summary - Regular Council Meeting June 5, 2006 NOTE: THIS MEMORANDUM IS FOR YOUR INFORMATIONAL PURPOSES ONLY AND DOES NOT REFLECT DISCUSSION. I HOPE IT WILL EXPEDITE CERTAIN MATTERS IN THE AFFECTED DEPARTMENTS WITHIN THE CITY, BUT AGAIN I URGE REVIEW OF THE , MINUTES. C. CONSENT AGENDA 1. Minutes May 15, 2006 - Regular Meeting May 22, 2006 - Pay Plan Workshop 2. Leqal Fees Authorization to charge Attorney LaCroix's legal forfeitures to the Law Enforcement Fund. fees for 3. 2006-07 United Way Grant - Jerome Brown Community Center (JBCC) Transportation (Bus) Proqram Acceptance of grant in the amount of $10,000 (plus $24 designated funds) from the United Way of Hernando County, Inc. covering the funding year beginning July 1, 2006, for the Bus Program at the JBCC. 4. 2006 Federal Edward Byrne Memorial Justice Assistance Grant (JAG) Proqram Funds Recommendation that City Council agree to the allocation of Federal Fiscal Year 2006 Edward Byrne Memorial JAG Program funds and authorize the Mayor to sign the attached letters for submittal to the Florida Department of Law Enforcement. 5. Fire Vehicle #208-Rescue One Authorization to purchase a new engine at the cost of $7,158.11 from Nick Nicholas Ford, and to authorize a budget amendment for this amount to the Fire Dept. Machinery & Equipment Line Item. 6. Tourist Development Council (TDC) Grant for Founder's Week Authorize grant application to TDC to offset advertising expenses associated with the 2007 Founder's Week Event. 7. Tom Varn Park Walkinq Trails Fitness Course Consideration of (a) acceptance of $5,000 funding from the Hernando County Health Department towards replacement of the fitness stations and (b) authorization for purchase and installation of Parcourse Fitness Center from GameTime under State Contract in the total amount of $10,294.83, with the balance of the cost ($5,294.83) from the McKethan Fund. - 1 - nty <oJ' IClrro([J~sy}]11e d (:;52: 5-~',-~ .5---1-i ::( 54c~-S424 (352) 544-542CJ P~ease Rep~y to: City C~erk's Office 201 Howe~~ Avenue Brooksvi1le, Florida 34601 Phone: (352) 544-5407 Fax: (352) 544-5424 REQUEST FOR BIDS NOTICE IS HEREBY GIVEN that the City of Brooksville is requesting sealed bids for GENERATOR EQUIPMENT - BID NUMBER GG2006-02. Bid Specifications, Conditions & Forms are available at the City Clerk's Office, 201 Howell Avenue, Brooksville, Florida 34601; (352) 544-5407 and proposal responses must be submitted on the forms included in the package. Sealed and properly identified bids will be received by the City Clerk's Office up to and including FRIDAY, MARCH 31, 2006 at 3:00 P.M. and will be opened following the close of bids in the City Council Chambers, City Hall, 201 Howell Avenue, Brooksville, FL. The City reserves the right to reject, waive technicalities and/or negotiate any or all bids. Bids not received for any reason by the due date will not be accepted. CITY OF BROOKSVILLE }L I ( /Uf; Karen M. Phillips, CMC City Clerk File No. 2006-05 PUBLISHED: FRIDAY, MARCH 10, 2006 - The Tampa Tribune, Hernando Section (CQ)f)f G:\WP_WORK\ClerkOffice\BID-RFP\Generators\equipment\Request for Proposal.wpd 201 Howell Avenue, ]BiI'ooks'Ville, JFloJridk 34601-20~1 CITY OF BROOKSVILLE SPECIAL INSTRUCTIONS AND CONDITIONS GENERATOR EQUIPMENT BID BID NUMBER: GG2006-02 * Note: The GENERAL INSTRUCTIONS AND CONDITIONS (attached hereto) apply, except as set forth below, for this Bid. A. Description: (X) See Attached () As Follows This bid is for supplyinq and deliverinq diesel emerqency power supply equipment for various City sites. This is an equipment bid only. This is a materials only bid. Installation services are not included in this bid except the 230KW units will require the supplier to provide any crane service to offload the units directly onto the permanent concrete slab. B. Specifications: (X) See Attached ( ) As follows: See attached Minimum Technical Specifications c. ContractjAqreement Required: (X) None ( ) As follows: The GENERAL INSTRUCTIONS AND CONDITIONS (attached hereto) apply, except as set forth below, for this Proposal. Bidders may bid SECTION A or SECTION B as listed in the MINIMUM TECHNICAL SPECIFICATIONS and BID SHEET or both SECTIONS. Bid award will be based on the best bid per section. City of Brooksville - Special Bid Instructions 1 of 3 D. Items to be submitted with Bld: ( )~o~e !X)As follows NOTE: BIDS MAY BE REJECTED IF ALL DOCUMENTS ARE NOT COMPLETE AND EXECUTED, AND THE NUMBER OF COPIES SPECIFIED/REQUESTED OF EACH ARE NOT SUBMITTED WITH THE BID. Bid/Certification Form(s) with siqnature paqe(s) Bid Bond or Cashiers Check Certified Check in the amount of 5% of bid Public Entity Crime Statement Druq Free Workplace Certification E. Deadline and place for submission of Bids: 3:00 p.m. on FRIDAY, MARCH 31, 2006 City Clerk's Office 201 Howell Avenue Brooksville, FL 34601 F. Chanqe ~n time and place for openinq of Bids: (X) None ( ) As follows: G. Insurance Requirements: (X) None ( ) As follows: Mlnimum Coveraqe Property Damage: General Liability Automobile Liability Professional Liability other: Workmans' Compensation $ *100,000 $ *500,000/1,000,000 $ *500,000/1,000,000 $ N!A $ Statutory Limit** * or $1,000,000 combined ** or provide notarized affidavit of exemption listing relevant statutes. Note: To be furnished by Successful Bidder Upon Execution of Aqreemen t . City of Brooksville - Special Bid Instructions 2 of 3 H. Bond Requirements: (X) None ( ) As follows: Amount of Bond $ or 5 % of Bid $ or N/A % of Bid $ or N/A % of Bid $ or N/A % of Bid $ or N/A % of Bid Bid Bond Performance Bond Payment Bond Construction Bond Other: I. Number of Copies of Bid Forms (with oriqinal siqnature{s)) Required: Two (2) originals, with notarized Signatures plus seven (7) copies J. Delivery Location of Item After Award: Delivery will be at various locations within the City of Brooksville. 1. Small Systems (30KW, 40KW & 60KW)- 600 South Brooksville Avenue Brooksville, Florida 34601 2. Larqe Systems (230KW)- one at 201 Howell Avenue and one at 19289 Cortez Blvd. Brooksville, Florida 34601 3. Optional Additive Alternate Bid - one at 87 Veterans Avenue, Brooksville, Florida 34601 K. Optional Additive Alternate Bids are encouraqed: To have an Optional submit a complete bid must he submitted" in submitted. Additive Alternate Bid considered, Bidder lIlUSt for the base bid. Optional Additive Alternate Bid a separate envelope at same time base bid is G:\WP_WORK\ClerkOffice\BID-RFP\Generators\equipment\special Instructions and Conditions.wpd City of Brooksville - Special Bid Instructions 3 of 3 G~NERAL INSTRUCTIONS AND CONDITIONS (1) NOTICE TO BIDDERS/PROPOSERS The following general instructions and conditions apply to all Requests For Bids/Proposals unless modified by the provisions set forth in the nSpecial Instructions and Conditions" attached hereto. If there is a conflict between the "Special Instructions and Conditions" and these "General Instructions and Conditions," the provisions in the Special Instructions and Conditions will apply. Note: the General Instructions and Conditions and the Special Instructions and Conditions are periodically revised; potential bidders/proposers should read both carefully prior to submitting a bid/proposal. The attached Special Instructions and Conditions apply only to this Bid/Proposal. (2) SUBMITTAL OF BIDS/PROPOSALS Qualified businesses or individuals requesting consideration must submit a complete bid/proposal with any/all attachments in a sealed package clearly marked with the name and number of the bid/proposal, to the attention of the City Clerk, prior to closing time at the address shown in the Special Instructions and Conditions attached hereto. If not so marked as to this wording, sealed and/or received by the closing time, the bid/proposal will not be accepted. Bid/proposal packets or additional information regarding this bid or the bidding procedures may be obtained by contacting the City Clerk, 201 Howell Avenue, Brooksville, FL 34601, (352) 544-5407. It shall be the sole responsibility of the bidders/proposers to have their bid/proposal delivered on or before the time and date stated in the Special Instructions and Condi tions. Any bids/proposals received after the stated time and due to delays caused by mail or courier delivery, or any other reason, shall not be opened or otherwise considered, and will be returned at the bidder's/proposer's expense. Bids/proposals shall be opened and publicly announced at the City Council Chambers, Ci ty Hall, 201 Howell Avenue, after the close of bids/proposals, unless otherwise specified in the Special Instructions and Conditions. (3) SPECIFICATIONS AND REQUIREMENTS The detailed specifications and additional relating to this bid/proposal are set forth In Instructions and Conditions attached hereto. requirements the Special City of Brooksville - General Instructions and Conditions Page 1 of 10 SILENCE OF S?SCIFICATIONS: ~he aocarenc Sl~2rrce of afiY SpeCII:lCacion as to any details or any omission of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail and that only new materials of first quality and correct ty~e, size and design are to be used. All workmanship is to be first quality. All interpretations of specification shall be made accordingly by the City. (4) BID/PROPOSAL FORM Bidders/proposers shall complete, sign and furnish the "Bid/Request for Proposal Certification Form" f together with the forms, specifications and materials required to be submitted as identified in the "Special Instructions and Conditions" or any exhibits attached hereto, including a properly execute? Drug-Free Workplace Certification, and a Sworn Statement on Public Entity Crimes form pursuant to Section 287.133(3) (a) f Florida Statutes. The minimum number of complete bid/proposal packages to be submitted is set forth in the Special Instructions and Conditions. If the "Special Instructions and Conditions" include a "Scope of Work" provision, and/or provide for a supplemental and or implementing agreement, the City reserves the right to modify the "Scope of Services" and/or the terms and conditions of any such agreement prior to execution by the City if such modifications are determined to be in the best interest of the City. Bids/proposals may be considered non-responsive, at the sole option of the City, and may be rejected if they include omissions, alterations of form, additions not called for, conditions or limitations '. unauthorized alternate bids/proposals, submission of less than the number of bid packages requested, or other irregularities of any kind. (5) CLARIFICATION AND ADDENDA Each bidder/proposer shall examine all bid/proposal documents and shall judge all matters relating to the adequacy and accuracy of such documents. Any inquiries, suggestions or requests concerning the interpretation, clarification or additional information pertaining to this Invitation to Bid/Request for Proposal will be accepted by the City Clerk up to and including five (5) working days prior to the closing date and time stated herein. The issuance of a written addendum signed by the City Clerk is the only official method whereby interpretation, clarification or additional information can be given. The City shall not be responsible for oral interpretations given by any City employee, representative or others. If any addenda are issued, the City will attempt to notify all known prospective bidders/proposers, however, it shall be the responsibility of each bidder/proposer, City of Brooksville - General Instructions and Conditions Page 2 of 10 ~ ~,..--: " "-' -- ....:.... '-"-- - -~--~.~ -'-'- , ,.-. . , ~ -~-':',-^-, -~, -- '-- -~. - ---- _~=~~ 'C" ~.-= '~' c ----,.;::::. Office dc::,-,,:nnine T addendaN':: addenda a part of the bj proposal and was not incorporated in the Bi bidder/proposer, the Bid/Proposal by the City. s sued .:cind t.O make >.: L.lC i; eLl addendum has been issued, Proposal documents submitted may not be accepted or considered (6) MANUFACTURER'S NAMES AND APPROVED EQUIVALENTS Unless otherwise specifically stated ln the Special Instructions and Conditions, any manufacturer's names, trade names, brand names, catalog numbers or similar information listed in a specification are for the purpose of information and illustration, and are not intended to restrict the submission of alternates meeting minimum specifications. The bidder/proposer may offer the same or any alternate for which the bidder/proposer is an authorized representative, which meets or exceeds the specifications for any item. If a manufacturer's name or model lS included in the specif ication, and a bid/proposal is based on alternate products or services which bidder/proposer maintains lS equivalent and meets or exceeds specifications, bidder/proposer is to indicate on the Bid/Proposal Form the manufacturer's name and related information of the alternate; including any deviation from the specifications. Unless expressly noted on the bid/proposal that an alternate is being proposed, and the specification includes a specific manufacturer's model or brand, the Bid/Proposal will be considered as a quotation for the item(s) stated ln the specifications. (7) INFORMATION AND DESCRIPTIVE LITERATURE Bidders/Proposers must furnish all information requested in the bid/proposal packet including but not limited to any sketches, plans, designs, specification, and descriptive literature regarding the product(s)/service(s) being offered. Bids/Proposals which do not comply with these requirements are subj ect to rej ection. Reference to submission of documentation or materials with a previous bid/proposal will not satisfy this provision. (8) INSURANCE/BONDS If a bid or proposal Bond is required, the Bonds of unsuccessful bidders/proposers will be returned within 30 calendar days of the bid/proposal due date, except as set forth below. If a proposal is subject to the Competitive Negotiations Act, the Bonds will be returned within 60 days of the proposal due date, except for the Bond of the 3 highest ranked proposers. Within 30 days of execution of a contract, Bonds from the remaining unsuccessful proposers will be returned. City of Brooksville - General Instructions and Conditions Page 3 of 10 3~d ~ - :--o.,.......[l0 - -"--'- / -rCrn: i .,......::::.~ - -~----- -'---I ~,\iill be re~j"':'::7led 'ilithin 30 ca.lend.ar days of deli very / acceptance of the item (s) bid or service (s) provided, unless a standard Payment and Performance Bond IS required. When a standard Payment and Performance Bond IS required, the Bid Bond of the successful bidder/proposer will be returned within 30 calendar days from the date of the Notice to Proceed. In the event a bid is awarded, a proposal is accepted, and/or a contract is executed, and the bidder/proposer chooses not to proceed, or fails to perform for any reason, the Bond will be forfeited and retained by the City as partial liquidated damages. Future bids/proposals will not be accepted for consideration from the bidder/proposer for five (5) years, or such shorter period as the City Council may determine. In the event an award/selection is not made within 90 days after the bid/proposal due date, and the City does not return all Bonds, upon 30 business days written request, a bidders/proposer may withdraw their bid or proposal from consideration, and obtain a refund of the bid/proposal Bond. All Awards will be subj ect to presentation 'of any required performance bond or certificate of insurance prior to any pUrchase authorizations, agreements, contract documents, or delivery. The bidder/proposer shall maintain any performance bonds or insurance coverage set forth in the Special Instructions and Conditions, at its own expense. If insurance is required, the City is to be listed on the Bidder's/Proposer's Certificate of Insurance as an additional insured and Certificate Holder in order that the City will be notified if the insurance is canceled or modified. The Certificate shall also list the name of the project/service/equipment purchased, and the expiration date of the policy. At the City's option, an Award may be canceled and any bid bond forfeited if any required performance bond or insurance certificate is not delivered within 21 calendar days of the date of Award. Note: the provisions of this section are in addition to and not a replacement for, any Bid and/or Performance Bond required in the Special Instructions and Conditions. The foregoing provisions are intended to be in addition to any other legal remedy available to the City for non-performance by a bidder/proposer subsequent to the acceptance and/or award of a bid or proposal. (9) SERVI CE AND WARRANTY If any warranty repair or replacement service is requested in the Special Instructions and Conditions, any deviation or limitation from the requirements is to be expressly stated on the Bid/Request for Proposal Certification Form. City of Brooksville - General Instructions and Conditions Page 4 of 10 /-~. - ,- ~ .~ ~ - - -- ~ --- ~ -- '---::::: \- y--, ~ ,---<, ,- r-- _._ .__ k_ ---'-~...- -~_ DlG ConSl,sts (J:::: conrCl__1Cer ~"1ar,d\"Ic-r' f tl,^Jare ()r f irm\~lar(2 I bidder/proposer warrants that sa d process/or reflect data =rom, in~ and twenty-first centuries, including leap product will accuratel between the twentieth and year calculations. (10) CONTRACT FORMS Any agreement or contract resulting from the acceptance of a bid/proposal shall be on forms either supplied by or approved by the City, and shall contain, as a minimum, applicable provisions of the Invitation to Bid/Request for Proposal, and the bid/proposal documents to be submitted by bidder/proposer, including the General Conditions and Instructions, Special Instructions and Conditions and all attachments therewith. The City reserves the right to rej ect any bid/proposal or resulting agreement which does not conform to the Invitation to Bid/Request for Proposal and, if applicable, any City requirement relating to such an Agreement. The City reserves the right to extend any contract or agreement for an additional period of not more than ninety (90) days beyond the original expiration date. Prices in effect on the last day of the contract shall remain in effect for the contract extension period. Addi tional extensions shall be subj ect to agreement of both parties. The successful bidder/proposer will be required to execute any resulting agreement and provide any bonds or insurance certificates required within 15 business days of notice of award, unless a time extension is authorized by the City Manager. Failure to timely execute the necessary bond or insurance certificate will result in cancellation of an award, with no further obligation by the City. This bid/proposal is subject to the appropriation of funds in an amount sufficient to allow continuation of the City's performance in accordance with the terms and conditions of this bid/proposal for each and every fiscal year in which this bid/proposal is executed and entered into. If funds are noc appropriated/available, the ci ty shall provide prompt wri tten notice to the Vendor that effective thirty (30) days after giving such notice, or upon the expiration of the time for which funds were appropriated, whichever occurs first, the City will thereafter be released of all further obligations related to the bid/proposaL and/or award. (11) BID/PROPOSAL EXPENSES All expenses for preparing and submitting bids/proposals t~ the City are to be borne by the bidder/proposer. City or Brooksville - General Instructions and Conditions Page 5 of 1') (12) V~-qI]>,-,-""TCES Any variance whatsoever from the bid/proposal specifications is to be clearly identified on the bid/proposal form. Acceptance of any proposed variations will be at the sole discretion of the City. (13) CONFLICT OF INTEREST The award of a bid or acceptance of proposal IS subject to Chapter 112, Florida Statutes. All bidders/proposers must disclose with their bid/proposal the name of any officer, director, or agent who is a City official or employee, or a member of an official's or employee's immediate family. Further, bidders/proposers must disclose the name of any City official or employee, or a member of an official's or employee's immediate family, who owns directly or indirectly an interest of ten percent (10%) or more in the bidder's/proposer's firm or related business. (14) DELIVERY All items provided pursuant to an award are to be delivered prepaid to the City Clerk Office, 201 Howell Avenue, Brooksville, Florida 34601-2041, unless a different location is specified in the Special Instructions and Conditions. All delivery charges are to be included in the bid/proposal price. No C.O.D. will be accepted. Title and risk of loss or damage to all items shall be the responsibility of the bidder/proposer until delivered to the City. (15) INSPECTION, ACCEPTANCE AND TITLE All items delivered pursuant to an award are subj ect to inspection and review prior to acceptance by the City. Acceptance, evidenced by separately written Notice of Acceptance or full payment, will be made only after verification of compliance with all specifications. Acknowledgment of delivery and/or partial payment does not constitute acceptance. (16) RESERVED RIGHTS The City reserves the right to reject any and all bids/proposal, with or without statement of cause, request re- submissions I or to waive apy irregularities or technicality or negotiate modifications to any bid/proposal which may be in the best interest of the City. Bidders/proposers which do not normally engage in providing the types of commodities/services specified herein may be required to demonstrate they have sufficient financial support, equipment, and organization to ensure they can satisfactorily perform if City of Brooksville - General Instructions and Conditions Page 6 of 10 :=-~:/\-;::::'2::"":-'_:=- ~-, .--.., ~ :--; SLct2C. The city reserves the right to maKe such inv2stigctions as deems necessary co determine the abilicy of any bidder/proposer to perform the work or service requested. Any information the City deems necessary to make such determirrations shall be provided the bidder/proposer upon request as a condition of further consideration of the bid/proposal. The applicability of all information obtained and the City's decision shall be final. By submi t ting a bid or proposal , bidder/proposer authorizes such investigation. If the contract awarded as a result of this bid is terminated prior to the end of the term, the City reserves the right to award the balance of the contract to the next lowest responsive bidder. (17) ADVERTISING In submitting a bid/proposal, bidder/proposer agrees not to use the results therefrom as a part of any commercial advertising or marketing purposes without written approval of the City Manager. (18) GOVERNMENT RESTRICTIONS In the event any governmental restrictions are be imposed which would necessitate alteration of the material, quality, workmanship or performance of the items offered in a bid/proposal, it shall be the responsibility of the successful bidder/proposer to immediately notify the City of the specific regulation which required an alteration, and the specific alternations that will be made to the item(s) bid/proposed. The City reserves the right to accept any such alteration/substitution, including any price adjustments resulting therefrom, or to cancel the award at no expense to the City. (19) NON-DISCRIMINATION There shall be no discrimination creed, handicap, or national origin in operations conducted, or performance proposal. as to race, sex, color, the selection, award, or related to any bid or (20) LEGAL NAME Bids/proposals shall clearly indicate the legal name and organizational structure, business address, and telephone number of the bidder/proposer. Bids/proposals shall be signed above the typed or printed name and title of the individual submitting the City of Brooksville - General Instructions and Conditions Page 7 of 10 ~id!~Yo~cs~l. ~he E~~er shell w~~r2~t be/she hcs the authority to bind the bidder/proposer to the terms and conditions of the submitted bid/proposal. (21) SELECTION The procedures for the selection/award of bids/proposals are provided for by State Statue and the City's Charter, Code of Ordinances, and Administrative Policies. Generally, all bids/proposals are reviewed by City staff and evaluated by the City Manager, and if required by law, by a Selection Advisory Committee appointed by the City Manager. The type and price of the product(s) or service(s) being acquired determines if an award or selection may be made by the City Manager or requires City Council approval. For information on which procedure applies to a particular bid/proposal contact the city Clerk. Bids/proposals will be evaluated based on, but not limited to, one or more of the following criteria as appropriate: (a) Compliance with specifications (b) Price (c) Capability/adequacy of bidder/proposer (d) Past and current proj ects, services or equipment provided to City (e) Delivery schedule (f) Prior government projects, services or equipment provided to other jurisdictions. (g) General reputation, location and references In the event of a discrepancy between a unit bid price and an extension, the unit bid price will govern. Written prices shall govern over figures. Preference will be given to bidders/proposers which have implemented Drug Free Workplace Programs. At the sole discretion of the City, payment terms and other consequential information may be utilized in resolving apparent tie bids/proposals. Note: Separate procedures and requirements relating to Requests for Qualifications for certain professional services have been established by the Consultants' Competitive Negotiation Act (Florida Statute 287.055) and the City's Code. When the City mak~ City of Brooksville - General Instructions and Conditions Page 8 of 1D -.._--.-..,-- +.-- ..:A _-(_::':'----,~::::::::2 '---- _--:-'.. - '-.., Drocedures are included c_hr~c n,C2r' 1 nstrucc~ons and Condi: (22) INDEMNIFY After notification of award, the successful bidder/proposer shall indemnify and save harmless the City and its officials, officers, employees, agents and invi tes, from and against all claims, suits, sections, damages or causes of action arising from any personal injury, loss of life or damage to property, sustained by reason of, or as a resul t of constructing, manufacturing, processing, delivery, or performance of the services or work for which the bid/proposal was awarded or any resulting agreement executed, and from and against any orders, judgments, or decrees which may be entered thereto, and from and agains t all costs! attorney's fees, expenses and liabilities incurred in or by reason of the defense of any such claim, suit or action, and the investigation thereof. Nothing in any resulting agreement shall be deemed to affect the rights, privileges and immunities of the City of Brooksville. The bidder/proposer, without exception! shall also indemnify and save harmless the City and its officials, employees! agents and invites from liability of any nature or kind! including cost and expenses for or on account of any copyrighted, patented or unpatented invention, process or article manufactured or used In the performance of the contract, including its use by the City. If the bidder/proposer uses any design, device or materials covered by patent or copyright, it is mutually agreed and understood that the bid/proposal prices include all royalties or cost arising from the use in any way of such design, device or materials involved in the product and/or services provided to the City. (23) MODIFICATION - AFTER AWARD Any changes proposed by a bidder/proposer after an award In (a) materials used, (b) manufacturing process, or (c) construction or specifications, are to be submitted in writing to the city Manager prior to delivery. No changes shall approved binding upon the City unless evidenced by a Change Order issued and signed by the City Manager. (24) ASSIGNMENT Any Purchase Order issued pursuant to this bid invitation/request for proposal and the funds which may become due hereunder, are not assignable, except with the prior written approval of the City Manager. City of Brooksville - General Instructions and Conditions Page 9 of 10 (25) DISCLOSURE Bidder/proposer acknowledges by submitting a bid/proposal that all information provided to the City is part of the public domain as defined by Florida Statutes and are considered public records. No information should be labeled "confidential," unless specifically exempted under said Statutes, and exempts the City from any liability for releasing all information to the public, including inadvertently releasing information deemed confidential by the bidder/proposer. (26) TAXES The City is a tax-exempt Florida municipality, Federal Employment Identification Number 59-6000-284, Florida State Tax Number 37-02-008131-54C. Copies of Exemption Certificate and related information may be obtained by contacting the Finance Director, 201 Howell Avenue, Brooksville, Florida 34601-2041 or (352) 544-5400. (27) APPLICABLE LAWS/LEGAL VENUE All applicable laws, regulations and ordinances of the State of Florida, Hernando County and the City of Brooksville will apply to consideration and award of any bid/proposal and the performance of the bidder/proposal pursuant thereto, and shall be governed by the laws of the state of Florida both as to intention and performance. The venue for any action arising from the award or subsequent performance shall lie exclusively in the Circuit Court of Hernando County, Florida, or the United States District Court for the Middle District of Florida, as applicable. NOTE: ANY AND ALL PROVISIONS SET FORTH IN THE SPECIAL INSTRUCTIONS AND CONDITIONS ATTACHED HERETO r WHICH VARY FROM THESE GENERAL INSTRUCTIONS AND CONDITIONS r SHALL HAVE PRECEDENCE. G:\WP_WORK\ClerkOffice\BID-RFP\Generators\equipment\General Instructions.wpd City of Brooksville - General Instructions and Conditions Page 10 of 10 GENER~TOR EQUIPMENT BID MINIMUM TECHNICAL BID trUMBER GG2006-02 SPECIFICATIONS A. SECTION A SMALL GENER.l\TORS 3DKW,40K1lJ & 60KW 1. General Description The unit must be new and of current model year. The unit shall consist of a close coupled motor and a single bearing brush-less generator unit, mounted on stationary frame, complete with motor saf ety controls, automatic and manual controls with exhaust system, fuel tank. The unit shall be enclosed in a sound damping weatherproof enclosure. The uni t shall be complete and ready to automatically start, stop run and supply the electrical power specified. Supplier must provide documentation of minimum 100 like units in operation. Transfer switches must have a weatherproof enclosure and be rated the same as the main disconnect shown on the drawings. 2. Generator Set: Complies with the emissions regulations Environmental Protection Agency (EPA) , Tier 2 nonroad. Complete unit and components must be prototype-tested, factory-built, and production-tested. Must be able to accept rated load In one step at elevation of 300' msl. One-source responsibility for the generating system and accessories. The generator set must have a one-year limited warranty covers all systems and components. If startup services are needed to satisfy manufacturers warranty requirements they must be included in the unit price. (a) Motor: Air cooled 4 cycle 1800 rpm #2 diesel Battery, starter and charging system. Residential grade silencer, rain check and air cleaner Sound attenuated weatherproof protective enclosure, 70 db @ 7m Skid mounted free standing unit designed for permanent stationary installation with integral vibration isolation. 24 hr fuel tank (at ~ rated load) Primary and secondary fuel filters Motor controller start/stop motor panel with automatic safety shutdown system to monitor motor running condition meeting NAPA Level 1 requirements Acceptable Manufacturers - Deutz, Hatz, MTR, Lombardini or equal (b) Generator Generator controller meeting NFPA Level 1 requirements Two wire automatic start/stop control Integral motor and direct shaft coupled generator Single bearing, brush-less generator design, class H insulation 0.8 power factor at rated KW Standby duty at 100% rating 1350 F Continuous duty minimum 85~ of rating 1050 F Generator output circuit breaker 4 pole 60 Hz generator Size and voltage as specified. Acceptable Manufacturers - Kohler, Stamford/Newage, Marathon, Onan or equal. Page 1 of 4 3. Trarrsf=r Switch Speciiications Must be compatible and interface with generator set Weatherproof lock-able enclosure Ground and neutral buss Voltage and capacity as specified Open transition type switch, adjustable 10-180 second gate. Automatic start/stop line monitoring control system Minimum two pairs of dry N/O pilot contacts that main switch position Line monitoring system for specified voltage Must be fully compatible with supplied generator unit Acceptable Manufacturers - Onan, ASCO Power Technologies, General Electric Zenith or Kohler 4. Service Depots Bidder shall have a full service manufacture at his main offices. located in the united States east facility authorized by the supplied Sales and service facilities must be of the Mississippi River. Page 2 of 4 B SECTION B GENERJ\TORS 6SK1Ii AN: E~F~~ 1S12-2 1. General Description The unit must be new and of current model year. The unit shall consist f ~ close coupled motor and a single bearing brush-less generator unit, mounted on stationary frame, complete with motor safety controls I automatic and manual controls with exhaust system, fuel tank. The unit shall be enclosed in a sound damping weatherproof enclosure. The uni t shall be complete and ready t.e automatically start, stop run and supply the electrical power specified. Supplier must provide documentation of minimum 100 like units in operation. Transfer switches must have a weatherproof enclosure and be rated the same as the main disconnect shown on the drawings. 2. Generator Set: Complies with the emissions regulations Environmental Protection Agency (EPA) , Tier 2 nonroad Complete unit and components must be prototype-tested, factory-built, and production-tested. Complies with ISO 8528-5, Class G2 requirements for transient performance. .Must be able to accept rated load in one step. One-source responsibility for the generating system and accessories. The generator set must have a one-year limited warranty covers all systems and components. Startup services are to be included in included in the unit price. (a) Motor: Liquid cooled 4 cycle 1800 rpm #2 diesel Electronic, isochronous governor Radiator cooled with engine jacket heater Battery, starter and charging system. Residential grade silencer, rain check and air cleaner Sound attenuated weatherproof protective enclosure, 70 db @ 7m Skid mounted free standing unit designed for permanent stationary installation with integral vibration isolation. Double wall 72 hr fuel tank (at ~ rated load) Primary and secondary fuel filters Motor controller start/stop motor panel with automatic safety shutdown system to monitor motor running condi~ion meeting NAPA Level 1 requirements The low coolant level shutdown. Acceptable Manufacturers - John Deere, Cummins, Detroit Diesel, caterpillar (b) Generator Generator controller meeting NFPA Level 1 requirements Two wire automatic start/stop control Integral motor and direct shaft coupled generator Single bearing, brush-less generator design, class H insulation 0.8 power factor at rated KW Standby duty at 100~ rating 1350 F Continuous duty minimum 85~ of rating 1050 F Generator output circuit breaker 4 pole 60 Hz generator Size and voltage as specified. Acceptable Manufacturers - Kohler, Stamford/Newage, Marathon, Onan or equal. Page 3 of 4 3. Transfer Switch Specifications Must be compatible and interface with generator set Weatherproof lock-able enclosure Ground and neutral buss Voltage and capacity as specified Amperage rating greater than or equal to main disconnect rating Open transition ty~e switch, adjustable 10-180 second gate. Automatic start/stop line monitoring control system Minimum two pairs of dry N/O pilot contacts that main switch position Line monitoring system for specified voltage Must be fully compatible with supplied generator unit Acceptable Manufacturers - Onan, ASCO Power Technologies, General Electric Zenith or Kohler 4. Service Depots Bidder shall have a full servlce facility authorized by the supplied manufacture at his main offices. Sales and service facilities must be located within 60 mile driving distance from Brooksville, Florida. Page 4 of 4 Bid Ne. CG2C CITY OF BROOKSVILLE BID/PROPOSAL CHECKLIST GENERATOR EQUIPMENT FORMS/ITEMS WITH YOUR TO BE RE TURNED BID/PROPOSAL! The following forms are to be completed/signed bidder/proposer and submitted to the City. by the 1. Bid/Proposal Certification Form(s)w/equipment list. Two (2) sets w/ original signatures, notarized signatures required, plus seven (7) copies. 2. Bid Bond or Cashiers Check/Certified Check in the amount of 5% of bid 3. Public Entity Crime Statement [Complete item 1 and 6; notarized signature required] . 4. Drug Free Certification Form [Complete Part Ii notarized signature, or sign Part II] , Note: Incomplete Bid/Proposal submissions may not be accepted! considered. Do not modify the forms! Any additional information you desire to present may be included as an attachment. Reminder: Submit requested number of copies! Instructions and Conditions) (See SpeciaJ G: \WP_WORK\ClerkOffice\BID-RFP\Generators\equipment\Checklist. wpd Revised: 02/25/05 CITY OF BROQKSVILLE BID/CERTIFICATION FORM GENERATOR EQUIPMENT BID NUMBER: GG2006-02 TO: THE CITY OF BROOKSVILLE: 1. CERTIFICATION: The undersigned warrants he/she is authorized to execute binding contracts for and on behalf of the Bidder. Bidder declares that the only person, persons, company or parties interested in this Bid are named in the Bid, and that the Advertisement, General Instructions and Conditions, Special Instructions and Conditions, Bid/Certification Forms and (if any) the Minimum Technical Specifications, Plans, Addendums, Exhibits, Agreement, Bonds and Insurance requirements, have been carefully examined, and that Bidder or Bidder's representative has made such investigation as is necessary to determine the character and extent of the work and proposes and agrees that if the Bid be accepted to deliver the equipment, services, or materials, and/or if a contract is required, will contract with the City in the form hereto attached, to provide the necessary labor, materials, machinery, equipment, tools or apparatus, and perform all the work or services required to complete the contract within the time specified according to the requirements of the City as herein and hereinafter set forth. The undersigned further warrants that this Bid is submitted in response to, and is in compliance with, all terms and conditions applicable thereto. 2. Please check one: o Bidder declares that the only person, persons, company or parties interested in this Bid are named in the Bid. o Bidder, or one or more of bidder's officers, principals, or any owner of more than 5% in or of bidder, or members of thei~ immediate families: (A) have a financial interest in another company, project, or property that could benefit financially from this proposed project; and/or (B) another individual or business will be compensated by (or on behalf of bidder) if bidder is selected by the City to bid the requested services. (Attach a detailed explanation for either.) . 3. BID BOND: If the Bid is accepted by the City, it will become a binding contract on both parties. If a Bid Bond or Cashiers/Certified Check is required, it shall be submitted with the Bid. If the undersigned shall fail to deliver or perform, or if applicable, execute a Contract as stated herein, then the City may, at its option, determine that the undersigned has abandoned the Award/Contract, and thereupon such Bid and/or Award shall be null and void, and any Cashiers/Certified check or Bond accompanying this Bid shall be forfeited to and become the property of the City, and the full amount of said check, or if a Bid Bond, the full amount of such bond, shall be paid to the City as partial liquidated damages; otherwise, any Bond or Cashiers/Certified check accompanying this Bid shall be returned to the undersigned within 30 calendar days from the date of Award, or if provisions for a Notice to Proceed are included, from the date of the Notice to Proceed. 4. Bidder proposes and agrees to provide all materials, services or equipment requested for the FURNISHING & DELIVERY OF GENERATORS Total Cumulative Bid Sums .of 'ThrFP hJrIim-1 Tt.=lty ttrn=.r:Jrrl, fnn- hTTTn::rl pig.ty i'lrr'R7/1m Dollars ($ 320 480.97 ) Section P. and T.';rnty faJr" 1;:to-=rd fj-,,~ ~ soi.'4?,T ~ ar:d 10/100 , Dollars ($ 24,563.10 ) Section B as itemized in Schedule I. Page 1 of 4 Bldde:/Corupany Name. /' - I.e V J .? CITY OF BROOKSVILLE BID/CERTIFICATION FORM GENERATOR EQUIPMENT BID NUMBER: 'GG2 00 6- 02 ~-e\J\~~ ~'\ ~~V TO: THE CITY OF EROOKSVILLE: 1. CERTIFICATION: The undersigned warrants he/she is authorized to execute binding contracts for and on behalf of the Bidder. Bidder declares that the only person, persons, company or parties interested in this Bid are named in the Bid, and that the Advertisement, General Instructions and Conditions, Special Instructions and Conditions, Bid/Certification Forms and (if any) the Minimum Technical Specifications, Plans, Addendums, Exhibits, Agreement, Bonds and Insurance requirements, have been carefully examined, and tha~ Bidder or Bidder's representative has made such investigation as is necessary to determine the character and extent of the work and proposes and agrees that if the Bid be accepted to deliver the equipment, services, or materials, and/or if a contract is required, will contract with the City in the form hereto attached, to provide the necessary labor, materials, machinery, equipment, tools or apparatus, and perform all the work or services required to complete the contract within the time specified according to the requirements of the City as herein and hereinafter set forth. The undersigned further warrants that this Bid is submitted in response to, and is in compliance with, all. terms and conditions applicable thereto. o Bidder declares that the only person, persons, company or parties interested in this Bid are named in the,Bid. 2. Please check one: o Bidder, or one or more of bidder's officers, principals, or any owner of more than 5% in or of bidder, or members of their immediate families: (A) have a financial interest in another company, project, or property that could ,benefit financially from this proposed project; and/or (B) another individual or business will be compensated by (or on behalf of bidder) if bidder is selected by the City to bid the requested services. (Attach a detailed explanation for either.) 3. BID BOND: If the Bid is ~'2.ae -; of .1- The City rese~;=s the ~ight to ~cce?~ ~~v C~ ~ll prices ite~iz2d ~~ ~~v " " ".' cc~,~~~=~o~ ~~~~ De~~ =~-.-,~::::: --'-- '. '-~ ~2e ~2~e~=s~s c= ,~~ Citv. 6. Number or calendar days rrom date or nctice to proceed that will be required ror the final completion or all work (delivery) as described herein and as sho\ffi on the plans. Section F_ 120 (Small Generators) [CALENDP.~'( DAYS) Section B 120 (Large Generators) [eZl! -END}l.~R. DAYS) Name of BIDDER: CJ's Sales i'ln(J SPTvir.p , Tnr Submitted By: Du<;lley Hangrove Title: President Signature: /~. c. L '-.../) Date: 3/30/06 Business Address: 132' NE 17th Place City: Ocala State FT, Zip 14470 Telephone Number: (352) 7 32-0271 FAX (352) 732 - 0 606 Business structure: r.OTpOTi'lt-ion (Corporation, Partnership, Individual, etc.) If a Partnership: Name of'Partner(s) If a Corporation: Affix Corporate Seal Secretary: Signature: State of 1=\ DC \d.CL County of f""1'\(Lr-lD(\ The foregoing instrument was acknowledged before me fhJ..rcj~) ,800 (0 , by ~LLdl~ ~(Lrgr()\fe (known to m])or who presented and who (did)~d n~ take an oath. this ';Ctfh day of , ~ is personallV as identification, bD 65D.S53 iJAat-!tJ IJ-t!- j), S~LLi--kn (Printed, typed or stamped name of Notary Public) (~t~~~~~~ M~J~~~~~~~C;f~~3 <7>~cJ<:" ',.f,,9f~,t~,\'\" Bonded inru Nataty PubliC Undsrwri!&rs (Commission Number OF Notary Public) NOTE: BIDS MAY BE REJECTED IF ALL DOCUMENTS ARE NOT COMPLETE AND EXECUTED, A~ THE NUMBER OF COPIES SPECIFIED/REQUESTED OF EACH FRE NOT SUBMITTED WITH THE BID. 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I. This sworn statement is submitted to City of Brooksville. Florida. a IMunicipal Corporation. 201 Howell Avenue. Brooksville.Florida34601 by Dudley Hargrove, President [print individual's name and title] fur CJ's Sales and Service, Inc. [print name of entity submitting sworn statement] whose business address is 132 NE 17th Place, Ocala, FL 34470 and (if applicable) its Federal Identification Number (FEIN) is 59-2488285 (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: ) 2. I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or any agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 3. I understand that "convicted" or "conviction" as defmed in Paragraph 287.133(1)(b), Florida Statutes, means a fmding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court ofrecord relating to charges brought by indictment or information after July I, 1989, as a result of a jmy verdict, non- jury trial, or entry of a plea of guilty or nolo contendere. 4. I understand that an "affiliate" as defmed in Paragraph 287. I 33(1)(a), Florida Statutes, means: I. A predecessor or successor of a person convicted of a public entity crime; or 2. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an ann's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 5. I understand that a "person" as defmed in Paragraph 287. I 33(I)(e), Florida Statutes, means any natUral person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 6. Based on information and belief, the statement which I have marked below is true in relation to the entlty submitting this sworn statement. [indicate which statement applies.] Page 1 of 2 ,-- : -, ---- j -- ~ --- >:f.:' -::::n 3 I:J 1:Tu~EP,: GG2 00 c - ,) 2 __ x~Neither the entity submitting this sworn statement, nor any of its officers, directors, parmer. shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate entity has been charged with and convicted of a public entity crime subsequent to July, 1 1989. _The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the managementofthe entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July I, 1989 _The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, mem bers, or agents who are active in the management of the entity, or an affiliate ofthe entity has been charged with and convicted of a public entity crime subsequent to July I, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list [attach a copy of the final order] I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THA T I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. '. / /:1/< /:,/ .I(,/r...-~- - I,{it,..- ..........,,// -' ".--- {stgn,a-fu re ] GG2006-02 [Reference: Bid Number] Sworn to and subscribed before me this ;-::;1,-=t+fj day of f)'-~lf\e ~.J , 2oDt~. -~~ <Esonally known~;, ~ L~d \-LL\ '~\.-'{r)fT\ "JeL -..1 . J OR Produced identification .......!.,"t'", /~'"'A>!""~~'~ ~"f }*~ ~. .~.. '-1J,i.....:;.;'.{ ~ IRrll~'\' CHARLom A. SCHULTEN MY COMMISSION # DD 350553 EXPIRES August 29, 2008 Boodad Thru Notary Pubflc UrdBlWriters [Type of identification] Notary Public - State of .t='\ D \'-C\-'-_- MyCommissionexpires A-LLLll tS+2Q I 1L-~ (-.(~~v'\ ";'.'L' Ltl!,- (=L,,j~/l' }.,,\ Ui 1\ (l''l :f'" '. '---~ v \.~.\;, [. _ ~'-_'" ,,_ ~ _ __ . ~ '--_ [Signature of Notary] / -PI rinted, typed or stamped commissioned name of Notary Public] G:\WP_WORK\ClerkOffice\BID-RFP\Generators\equipment\SWORNSTM-GG2006-02.wpd Page 2 of 2 CITY OF BROOKSVILLE DRUG-FREE WORKPLACE CERTIFICATION Please complete Part I or Part II as applicable. In order to be given preference in the award process for having implemented a drug-free workplace program prior to the bid/proposal submission date, the bidder/proposer is requested to certify that as part of their drug-free workplace program, they have: (1) published a distribution, prohibi ted in employees for statement notifying employees that the unlawful manufacture, dispensing, possession, or use of a controlled substance is the workplace and specified the actions that will be taken against violations of such prohibition. (2) Informed employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. (3) Given each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). (4) In the statement specified in subsection (1), notified the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United Sates or any state, for a violation occurring in the workplace no laterthan five (5) days after such conviction. (5) Imposed a sanction on, or required the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by, any employee who is so convicted. (6) Made a good faith effort to continue to maintain a drug-free workplace through implementation of this section. Part I - PROGRAM IMPLEMENTED r certify that r/we have established a drug-free minimum requirements. Dudley Hargrove, President [Printed, typed name] workplace Program me~ting the foregoing /<<i:l.:... /.1 /,/. tJ.f'-.1 L ;-.,-. /ic.{ ..C /1 / 'j~- , [Sig'natureY ~ ,/ / State of Florida , County of fY-Y\.,' i \'r U) The foregoing instrument was acknowledged before me this~:t 't~l day of ril Yl((; ~. i by 'blt.CU.{~ t 1 -!-\:=U.ni('I/p, @O is personally known to ffiec., or who presented . J J ~ .- as identification, and who (did) ~a!llOt) take an oath. , '1 . ~ .} \., ,.j". 1 . I 20 OG.", C,hc\!'\clt.e.- " '2c.~lLLlt-~.n Prlnted, typed or stamped name of Notary ""'I~I;t',,, ;~'A""'.P~. :.:' ':*= - - -' '- - . . - ...~. .~- -;"7,*"'~"r...~,:: CHARLOITE A. ScHULTEN MY COMMISSION # DO 350553 . EXPIRES: Augusl29, 2008 Bonded Thru No Public Vnclsrwriters bb ~~SS : Commlsslon Number of Notary Pub lC Part II - PROGRAM NOT IMPLEMENTED A program meeting the above stated requirements has not been established or has not been fully implemented prior to bid/proposal closing date, and therefore r/we are not eligible for certification as a drug-free workplace. [Slgnature] [Date] G:\WP_WORK\ClerkOffice\BID-RFP\Generators\equipment\drugfree GG2006-02.wpd //' \ ~-=- OPTIONAL ADDITIVE ALTERNATE BID Please submit this item in a separate envelope. 1. Trailer MTD. (double axle) 75-80KW, 4 CYC Diesel Generator 120/208 3 Phase (MLS4- Y) Extra large fuel tank capacity *Submit complete specs with Bid Proposal. 1.S. $24,563.10 II. One each: 120 volt 12.5KW for installation in a bus. Super quiet diesel engine with the following standard features: Special sound-controlling housing encloses cooling system and muffler Three -point, fully focalized mounting system reduces vibration High quality, pure sound wave electrical output helps prevent damage to appliances 3-cylinder diesel engine Instant one-touch stop Digital voltage regulation with no adjustments required Overvoltage, low oil pressure, overtemp, overspeed, and overload safeties Hounneter Automatic timed glow plugs for quick easy start 3-year limited warranty * Submit complete specs with Bid Proposal. nla 1.S. G:\ WP _ WORK\ClerkOffice\BID- RFP\Generators\equipment\B id Certification Form. wpd Page 4 of 4 FOR CITY OF BROOKSVILLE, FLORIDA GENERATOR EQUIPMENT BID NO. GG2006-02 *******X********** ADDENDUM NUMBER 1 Date Issued - March 21, 2006 ******************************************************************* TO: All prospective bidders and others concerned. You are hereby notified that receipt of this Addendum shall be acknowledged below and attached to and made a part of the above named Bid and Contract Documents. SPECIAL INSTRUCTIONS AND CONDITIONS: Page 2 of 3, Item G., .the box fo~ "as follows" should have been checked. Insurance is required. Page 3 checked. of 3, Item H., the box "as follows" A bid bond of 5% is required. should have be~n MINIMUM TECHNICAL SPECIFICATIONS: Page 1: A. SECTION A- SMALL GENERATORS, 1. General Description, last sentence should read: Transfer swi t.ches must have a weatherproof enclosure and be rated as shown on the Bid Certification form. Page 3: B. SECTION B- GENERATORS 65KW AND LARGER, 1. General Description, last sentence should read: Transfer switches must have a weatherproof enclosure and be rated as shown on the Bid Certification form. I HEREBY ACKNOWLEDGE RECEIPT OF THE ABOVE ADDENDUM AND ATTACH IT TO MY BID CERTIFICATION FORM AS VERIFICATION THEREOF. [Sig~ r::::I:i6gnedJ G:\WP_WORK\ClerkOffice\BID-RFP\Generators\equipment\Addendum No. l.wpd ::::.::;If=:- ~ CITY OF BROOKSVILLE BIDI CERTIFIc=p_~ION _FORf"j ::;e C"0f11& [s(C12c-P e V' GENERATOR EQUIPMENT BID NUMBER: GG2006-02 TO: THE CITY OF BROOKSVILLE: 1. CERTIFICATION: The undersigned warrants he/she is authorized to execute binding contracts for and on behalf of the Bidder. Bidder declares that the only personr personsr company or parties interested in this Bid are named in the Bid, and that the Advertisementr General Instructions and Conditionsr Special Instructions and Conditions, Bid/Certification Forms and (if any) the Minimum Techhical Specificationsr Plansr Addendumsr Exhibitsr Agreementr Bo~ds and Insurance requirements, have been carefully examinedr and that Bidder or Bidderr s representative has made such investigation as is necessary to determine the character and extent of the work and proposes and agrees that if the Bid be accepted to deliver the equipmentr' servicesr or maferials, and/or if'a contract is requiredr will contract with the City in the form hereto attached, to provide the necessary labor, materialsr machinery, equipmentr tools or apparatusr and perform all the work or services required to complete the contract within the time specified according to the requirements of the City as herein and hereinafter set forth. The undersigned further warrants that this Bid is submitted in response tOr and is in compliance with, all terms and conditions applicable thereto. 2. Please check one: j Bidder declares that the only personr persons, interested in this Bid are named in the Bid. company or parties o Bidder, or one or more of bidder's officers, principals r or any oWner of more than 5~ in or of bidderr or members of their immediate families: (A) have a financial interest in ano'ther company, proj ect, or property that could benefit financially from this proposed project; and/or (B) another individual or business will be compensated by (or on behalf of bidder) if bidder is selected by the City to bid the requested services. (Attach a detailed explanation for either.) 3. BID BOND: If the Bid is accepted by the City, it will become a binding contract on both parties. If a Bid Bond or CashierS/Certified Check is required, it shall be submitted with the Bid. If the undersigned shall fail to deliver or perform, or if applicable, execute a Contract as stated herein; then the City may, at its option, determine that the undersigned has abandoned the Award/Contract, and thereupon such Bid and/or Award shail be null and void, and any CashierS/Certified check or Bond accompanying this Bid shall be forfeited to and become the property of the CitYr and the full amount of said check, or if a Bid Bond, the full amount of such bondl shall be paid to the City as partial liquidated damages; otherwise, any Bond or Cashiers/Certified check accompanying this Bid shall be returned to the undersigned within 30 calendar days from the date of Award, or if provisions for a Notice to Proceed are included, from the date of the Notice to Proceed. 4 - Bidder proposes and agrees to provide all materials, services or equipment requested for the FURNISHING & DELIVERY OF GENERATORS Tot,alCumulative Bid Sums of Two HUhC/:..... / E: ;-/I/--;;)i:J T;~()U"~h J. 1!-i,d j,---fH~.'"'!d,~0,t;;-',-"h;);/"hmollars , " ('\ '),..,." '(L' ./ ", _ I , '" ~ ') /-!, / -! ($,",,")r~( '1 ) Secl:.ion A a.T1.dDh-{ hu..i-,c;-f.d :'--'7'"v'/-.. T"";vv\--''t,-',-i T;' [.AJ,."..,vz" E/ g..:n;ty/ '~~ Dollars ($ L<:' S rP. ) Section' B as itemized in Sched111e I. Page l 0:: ..!..L.:.e L2.!:..;( reser-ves t:.he ::-:.gn"C. "Co accept c:.D}T or all prlces itemized. in a.n~y combination tnatbest serves the inte~ests of the City. 6. NUIT~e~ or calendar days from date or notice to proceed that will be reqQired for the final completion of all work (delivery) as described here"D and as shown on the pl~"s. r f'l" Section A~~-{ v--ti"t.}- [CJI..LENDIL"R. DJWS] (Small Generators) r /J) r / Section B '" '2.-€' u-t"TI2J- [C1l.LENDJl..R DAYS] {Large Generators) , . --r;., ...., - .f!., -I Name of BIDDER: i~" "'/4/-"0\ ";.T' f"/\ L.\_' ,~ J.---f.. f. } . v ~ -0-/ Or ,~ -,l --r' ...1._.h c. SUbmitted ~ . //----c J!.{ i~-O r .o_t Business Address: v if 4 i),fo ~ -j-( tff I: st, City: - / 0.. .TY1 P .~ I Stater/ 'Zip.J.f6/ 9 (1!3 ) t 2. / 566/ FAK( f/~) i 2.3 t b Lf Y C ()f- -P 0 t' 0..,-1-; d h . (corporati6n, Partnership, Individual, etc.) Telephone Number: Business structure: If a Partnership: Name of Partner(s) If a Corporation: Affix Co~orate Seal IJtGA.So.~ : ~c;n~b~T - Signature: Mreff.4t!- M. MAc..::EvAJ~'S jL~!h~~ State of rL'o/c /.(J;1 County of )-j It.. <'-J )],; LJ/L-<-C--l.r The foregoing instrument was acknowledged. before me this -J. / sJ day of . ?}2CIA-<----: ,L , .-1 i-.r (; .; by ~.ui"..J c::Y0. 01."-<1.- ,/<>~. , who is persona-:bly. known to me Gr---Who prclJcntcq.~o idcntific:ltion, and who (JiJ) (did not) take an oath. ~'--M~ ~_ Cl/l1. .ICl.L /_ (Si. re of Notary PuJ;Jl~Op CONSTANCE M. ~1\UI\ . Notary Public, Slate of Florida My comm. expo Mar. 25, 2008 Co.mm No 00 282871 . (Commission Number OF Notary Public) Constance M. Prokop (Printed, typed or. stamped name of Notary Public). NOTE: BIDS ~~y BE REJECTED IF ALL DOCUMENTS.ARE NOT COMPLETE A-ND EXECUTED, Jl~ THE NUMBE~ OF COPIES SPECIFIED/REQUESTED OF EACH ARE NOT ~UBMITTED WITH THE BID. G:IWP _ WORKIOerkOffice\BID-RFP\GeneraloTSlequipmentIBid Certification Form-.wpd ?s.qe 2 of N o I \0 o o N o -< 0 z g& .0 ,..,..., ~ ~ E-i HU ~..f:J .~ ~t~~ .~.' oE-1Z .U\OU~ .~.~..~~ ....~.~S ~. ..'~. JJJ 'I"""'J o.o..~ ........- ~. .:"1", O.~ Z '~~H;~ O'~_~H ~";e.~',~ U.CZ> .~.'~' ~:~'.c.? .z ~,O. ~ ~'H'~~0 ~'fZ~ ~ U,~,~ d S-'~ .~ ~0 UJ H ~ ~ ~ rfJ ~ ~ o ;>; H >-< U I I rl' ------- rU ~ rl ~ +J Ie--.. 0 0{ E\, "-.. H '0) .~ '0 S "- ..... ---...... ~'" ill '-D ~ G"'" '- +J ~ ('i H "- ~ ~ ~, ~ ~ '- r---" ~ :" ~ ~'-. f'--..... ~ 0--.., o.'?; ~ ~'" ~' IYJ i"-.. ~ .~~ ,>::: v, ~ <'>-- -l... ~ r-~ ) 0--... ..l... :r ~ ~ r< r:J ("r'rA"-.. 0/ ~Y' ......0--...0--- ~'-0 "- Pil 'T' '0 CK ~I '\J '(}..!t \) VJ ~o/ i\) f'-. ':t- '-D /'-..... 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PJaJ & ~ ~ -r! ,Q J-.:Jop., o 3:'0'r') ~ ,.q.w O-Wrl (") -rl 0 N 2: > . rl .. r--- I I '@ ....... o E---< -0 0. ~ g o lI.. c .~ :<i (J <;:; E u U '0 59 c E 9- " IT -E .8 '" ... OJ C OJ. o ;::: 2 B 59 " u tti o -c " 9 ~ c::: o :s . ~ cj .- ~ \ OPTIONAL )....DDITTVE ALTERL'JATE BID Please submit this item in a separate envelope. I. TrailerMTD. (double axle) 75-80KW, 4 CYC Diesel Generator 120/208 3 Phase (MLS4- Y) Extra large fuel tank capacity *Submit complete specs with Bid Proposal. L.S_ /Vo B,' d n. One each: 120 volt 12.5KW for installation in a bus. ,Super quiet diesel engine with the following standard features: Special sound-controlling housing encloses cooling system and muffler -wee -:point,fully focalized mounting system reduces vibration High quality, 'pure sound wave electrical output helps prevent damage to appliances , 3-cyliI}der diesel engine lnstantone-touch stop . Digitai voltage regulation with no adjustments required Overv-oltage, low oil pressure, overtemp, overspeed, and overload safeties - Hourmeter Automatic timed glow plugs for quick easy start - 3-year limjted warranty * Submit complete specs With Bid Proposal. L.S, ,.f2A .;..'tpl.; (\ hj- #a ~('()!kl--; d-e 0 cloJ l1-Y e , I '/ J- W ~l" j-, (}-. /1--1'7' g tU -e ~ k f e ~ d -f " i'Y) --e % l;;J...j 'f h /~ 0 0 G:\WP _ WORK\ClerkOffice\BID-RFP\Generators\equipment\Bid Certification FOnll.wpd Page 4 of 4 """'" '~" {t~'"r \~ ~- Vj-:~r0 . ' VI.-CONSENT AGENDA ITEM B.2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORlVI Requested City Commission Date Fina] Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office D August ], 2006 July 17,2006 (Noon.) [8J October 3, 2006 September] 8,2006 (Noon) D August ]5,2006 Ju]y 3], 2006 (Noon) D October] 7, 2006 October 2, 2006 (Noon) D September 6, 2006 August ]4,2006 (Noon) D November 8, 2006 October ]6, 2006 (Noon) D September] 9,2006 September 5, 2006 (Noon) D November 2],2006 November 6, 2006 (Noon) D Announcements/Presentations D City Manager's Report NATURE OF D Administrative D New Business AGENDA ITEM [8J Consent Agenda D Legal D Code Compliance & Legal Settlements D Unftnished Business D Public Hearing D RECOMMENDATION: A motion to award "CO-OP BULK QUICKLIME, Bid # 068-2821-06/JA, to CHEMICAL LIME, INC. of Lakeland, Florida, with an estimated expenditure of $193.842,00, for the City of Boynton Beach Utilities Department. Contract Period: OCTOBER 03, 2006 TO OCTOBER 02, 2007 EXPLANATION: On September 06, 2006, Procurement Services received and opened three (3) sealed proposals for the above-mentioned bid. Chemical Lime Company of Lakeland, Florida was the lowest, most responsive, responsible bidder who met all specifications. Depending upon water restrictions and other factors, we anticipate a usage of approximately 1,100 tons per year. Kofi Boateng, Utilities Director, concurs with this recommendation (see attached memo # 06-155). The provision of this bid will allow for a one (1) year extension at the same terms, conditions, and prices subject to vendor acceptance, satisfactory performance and determination that the renewal is in the best interest of the City. The City of Boynton Beach is the lead entity for this Palm Beach County Co-Operative Purchasing Bid. The total Co-Operative cost is $2,393,136,90. There are six (6) other entities participating in this bid. PROGRAM IMPACT: The purpose of this bid is to secure a source to provide the best quality Bulk Quicklime available at the most economical price, with delivery to various governmental entities that have elected to participate in the Co-Operative Bid. fiSCAL IMPACT: BUDGET ACCOUNT PROCESS CHEMICALS 401-2811-536-52-35 ESTIMATED ANNUAL EXPENDITURE $193,842.00 ALTERNATIVES: Bulk Quicklime is used by the East Water Treatment Plant to precipitate calcium carbonate from the water. Providing we do not use the quicklime, this would result in a lack of water quality. fiSCAL YEAR 2005-2006 Estimated Expenditure: $141,530.50 CURRENT UNIT! PRICE PER TON: $139.00 S:\BULLETJN\FORMS\AGENDA ]TEM REQUEST FORM.DOC ~\,,\y,-~/>. , . ' , .-. '- ''" \ \ L:: 0\., 1.\./0) j." ./"'~~ ',- " I-ON 0" CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Procurement Services S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC MEMORANDUM Utilities # 06-155 To: Bobby Jenkins Asst. Director of Finance From: Michael Low t\ ~ (/( ( (\ \ \ ~ \~ Utilities Deputy Director V ~L - " . ~ Date: September 14,2006 Subject: Co-Op Bulk Quick Lime Bid # 064-2821-06 Recommendation for award Agenda Item We have reviewed the bids for bulk quicklime and would recommend awarding Bid # 068-2821-06/JA to Chemical Lime Co. as the lowest, responsive responsible bid. Bulk Quicklime is used at our East Water Treatment Plant during the treatment process. We estimate using 1,100 tons at a unit price of $176.22 per ton for an estimated total of $193,842.00. Funds are available in 401-2811-536-52-35. 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III 0 ::> cl' ::> -< ~ 0- - 0 0' 3' ;: ? !D UI )> Z Z C )> r- (") o I o ." to c: r- " D c - (") " r- - 3: m Qj' ChemicaL~L'!1f! August 31, 2006 Ms. Janet Allen City of Boynton Beach 100 E. Boynton Beach Boulevard Boynton Beach, FL 33435 Subject: Bid #064-2821-06/ JA Dear Ms. Allen: Chemical Lime Company would like to thank you for the opportunity to submit our bid for quicklime for the Palm Beach County Coop. Please find attached the completed bid documents. One original and two copies, as well as all requested attachments. In the circumstance where we are unable to personally attend the bid opening, we would appreciate having a copy of the bid results emailedtous@Elizabeth.hart@chemicallime.com. Should you have any questions, or need additional information, please do not hesitate to contact us. Sincerely, CHEMICAL LIME COMPANY JiuJJJJJ:tA O. ~ E-liz~b~th ~A. Hart Florida Sales Coordinator Encls, Chemical Lime Company of Alabama, Inc, Lakeland Sales Office 4720 Cleveland Heights Boulevard, Suite 203, Lakeland, Florida 33813 Phone: (863) 425-1544 Fax: (863) 425-0686 BIDDER ACKNOWLEDGEMENT Submit Bids To: PROCUREMENT SERVICES 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone: (561) 742-6322 Broadcast Date: August 02, 2006 Bid Title: ANNUAL CONTRACT FOR CO-OP BULK QUICKLIME Bid Number: #064-2821-06/JA Bid Received By: SEPTEMBER 06, 2006, NO LATER T~ 2:30 P.M. (LOCAL TIME) Bids will be opened in Procurement Services unless specified otherwise. Bid receiving date and time is scheduled for: September 06,2006, no later than 2:30 P.M. (localtime) and may not be withdrawn within ninety (90) days after such date and time. All awards made as a result of this bid shall conform to applicable sections of the charter and codes of the City. Name of Vendor: Chemical Lime Company of Alabama, Inc_ Federal I.D. Number: 63-1002780 A Corporation of the State of: Alabama Area Code: 863 Telephone Number: 41.1:)-11:)44 Mailing Address: 4720 Clkeveland Heights Boulevard, Suite 203 City/State/Zip: Lakeland, FL 33813 Vendor Mailing Date: o/1.q/or, ~&~ John L. Thompson Name Typed THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL . 21 PROPOSAL BLANK BID PROPOSAL TO THE CITY OF BOYNTON BEACH, FLORIDA FOR ANNUAL CONTRACT FOR CO-OP BULK QillCKLIME To All Bidders: Date: 08/29! 06 The undersigned declares that he has carefully examined the specifications and is thoroughly familiar with its provisions and with the quality, type and grade of product/service called for. When submitting more than one bid proposal price for this product and/or service, indicate how many individual and/or combination item(s) are to be tabulated and considered. Attach a separate proposal sheet for each. The undersigned proposes to deliver the product/service in accordance with the specifications for the sum of: I. Total Cooperative Quantities * BasePricePerTon $ 163.18 FOB Ft. Lauderdale ENTITY QTY (TONS) FREIGHT RATE EXTENDED PER TON TOTAL AMOUNT ** PER TON RAIL TRUCK City of Boynton Beach 1,100 tons $ 163.1 $ 13.04 $ 176.22 City of Delray Beach 3,900 tons $ 163.1 $ 12.23 $ 175.41 City of Lake Worth 1,400 tons $ 1 63. 1 $ 13.04 $ 176.22 City of Riviera Beach 1,350 tons $163.1 $14.19 $ 177.37 City of West Palm Beach 4,134 tons $163 18$14 12 $ 177 30 So. Central Regional WWTP 850 tons $163.18 $12.23 $ 175.41 Village of Wellington 829 tons $ 163.18 $ 14.12 $ 177.30 APPROXIMA TE TOTAL: 13,563 tons $ $ $ *Includes Rail Freight and Transfer Costs. THIS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 22 **Includes lime costs, rail freight and transfer costs. PROPOSAL continued.... TOTAL (COOPERA TIVE TOTAL QUANTITY X BASE PRICE PER TON) $ 2,393.136.00 ALL PRICES F.O.B. DESTINATION II. Delivery Date A. State your method of delivery from source to each entity's Water Plant. Pneumntic Tnnk Truck B. How will you assure supply and delivery to the participating governmental entities in the event of a transportation crisis involving truck, railcar or hurricane? Option 1: Ship from one of six Eilternati-ul; locations in FT.. Option 2: Direct ship by pneumatic tanker from AL plants. IMPORTANT NOTE: THE COOPERATIVE WlLL CAREFULLY CONSIDER DATA FURNISHED IN PARTS I AND IT OF THIS BID IN DETERMINING THE RESPONSIVE BIDDER. Will you extend the same prices, terms and conditions to other governmental agencies within Palm Beach County? YES NO ----X....- Will you extend the same prices, terms and conditions to other governmental agencies within Broward County? YES NO ----2L-. The undersigned bidder certifies that this Bid Proposal is submitted in accordance with the Provisions, Specifications, and Conditions governing this bid. THIS PAGE TO BE SUBMIITED IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 23 PROPOSAL continued.... Number of Bid Proposals submitted Onp Original and two (2) copies submitted Yes Yes/No Training & Experience record submitted Yp!=. Yes/No List of previous work submitted Yes Yes/No List of equipment & facilities available to do work submitted Yes Yes/No Service Representative information submitted Yes Yes/No Chemical Lime Company of AL, Inc. COMPANY NAME ~~fJ~ SIGNATURE John L. Thompson PRINTED NAME (863) 425-1544 TELEPHONE NUMBER Florida Manager TITLE THIS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 24 ANTI-KICKBACK AFFIDA VIT STATE OF FLORIDA ) : SS COUNTY OF PALM BEACH ) I, the undersigned hereby duly sworn, depose and say that no portion of the sum herein bid will be paid to any employees of the City of Boynton Beach as a commission, kickback, reward of gift, directly or indirectly by me or any member of my firm or by an officer of the corporation. By: N~~~ Sworn and subscribed before me this 29 day of August ,20 O~ Printed Information: John L. Thompson NAME Florida Manaqer TITLE )J l~}/~ (J, ffitH-t-. NO fARY PUBLIC, State of Florida at Chemical Lime Company COMPANY "OFFICIAL NOTARY SEAL" STAMP THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 25 CONFIRMATION OF MINORITY OWNED BUSINESS A requested form to be made a part of our files for future use and information. Please fill out and indicate in the appropriate spaces provided which category best describes your company. Return this form with your bid proposal sheet making it an official part of your bid response, Is your company a Minority Owned Business? Yes x No If Yes, please indicate by an "X" in the appropriate box: ( ) AMERICAN INDIAN ( ) ASIAN ( ) BLACK ( ) HISPANIC ( ) WOMEN ( ) OTHER (specify) (X ) NOT APPLICABLE Do you possess a Certification qualifying your business as a Minority Owned Business? YES NO.lL- If YES, Name the Organization from which this certification was obtained and date: Issuing Organization for Certification Date of Certification THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL MOB - 1 Revised 02/22/05 26 CONFIRMATION OF DRUG-FREE WORKPLACE IDENTICAL TIE BIDS Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids, which are equal with respect to price, quality, and service are received by the City of Boynton Beach or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: I) Publish a statement notifying employees that the unlawful manufacture, distribution, .dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), notify the employee that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by, any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug- free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. ~ c flu) ~ THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 27 ~o ~M' OJ'< - 0 (ll --., ~-1 _0 OJ ::> => 0 ..::::; -0 (ll ^ ~ ciS' OJ ^~ - 0) VI ~ ~O) 3(/) 3- (I) L (I) 0 - ::> ,,=> 0'-< ~. 0 a.C Q) => WCO ~"U -./Ill ~., ~~ III '< ~-1 OJ 0 CD~ --. => "Us, OJ L => C c~. CD --. L I\) C ~ -0 0 ~~ -~ :.: :n6r 0":< 5:-1 OJ ., III w= W ~ 01 (X) ~ o -./ I 01 ~ (X) I I\) 01 ~ o 01 '< (I) III ., VI ;0 o co (I) ., !P. 2: ~, OJ (ll ro(l) ., 0 j;<>g ~~ OJ'< VI CD ~ OJ CD --. 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(I) :J o CD !'! o :J CD 3 o 0) C 3 (t) o o 3 "0 0> ::J '< o --t, )> 0) 0- 0) 3 0) ::J () Chemical Lime Company BIDDERS QUALIFICATIONS May 2, 2002 Experience and Training: Chemical Lime Company has been a leading producer and distributor of commercial lime products in Florida and the US for over 60 years. Chemical Lime Company is the principal vendor of lime for municipal water treatment in Florida. Chemical Lime Company products meet the requirements of ANSIJ A WW A B202-93. Chemical Lime maintains a technical representative in Florida with backup provided by a complete wet chemistry QA lab at the site ofthe Alabama Operations and at the corporate headquarter location in Forth Worth, Texas. References: Broward County Co-Op, Steven Beamsderfer @954-724-2450 City of Naples, Jean Guy @239-213-7100 Lee County, Robert Franceschini @ 239-335-2111 Facilities and Equipment: O'Neal Quarry, O'neal Alabama - Producing chemical grade limestone for lime manufacture. Lime Manufacturing Plants - Four in Alabama, two in Virginia. Florida Distribution Facilities - Rail to truck terminal facilities in Fort Lauderdale, Nichols, and Lakeland, Florida. - Additional inventory at Brooksville, Florida (Hydrated Lime Plant). Florida Order Center and Technical Services: Nichols, Florida Sales Office: John L. Thompson, Elizabeth A. Hart @ 863-425-1544, Fax 863-425-0686. Service is available at this number on a 24 hour/7 day per week basis, including holidays. Q1 AUTHORlZATION Gentlemen: 'This letter is to certify that the following personnel are duty authorized to execute bid proposals, sales agreements and price quotations on behalf of Chemical Lime Company of Alahama,lnc. ("'CLCj Oliver Booth Jimmy Weidenback John Thompson ~ Sales Manager Distribution Manager Florida District Manager The undersigned, as Senior Vice President .of Chemical lime Company of Alabama, Inc. has full authority to sign this letter on behalf of CLC. Sincerely, CllEMICAL r:JtMPANY OF AlABAMA, INC. By: ~ ~ ' -:. Mike Eliasen, Senior Vice President Date: September 23, 2002 .(.,~ " \',"\. ',r, Y. ' ',~,' " :, ' r "', ' , '. \ 1 iU ~ , ';~>":"r, ' ,,' "V VI.-CONSENT AGENDA ITEM B.3 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office D August I, 2006 July 17,2006 (Noon.) [8] D August 15, 2006 July 31,2006 (Noon) D D September 6, 2006 August 14,2006 (Noon) D D September 19,2006 September 5, 2006 (Noon) D Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office October 3, 2006 September 18,2006 (Noon) October 17,2006 October 2,2006 (Noon) November 8, 2006 October 16,2006 (Noon) November 21,2006 November 6,2006 (Noon) ','-..1 NATURE OF AGENDA ITEM D Announcements/Presentations D Administrative [8] Consent Agenda D Code Compliance & Legal Settlements D Public Hearing D City Manager's Report D New Business D Legal D Unfinished Business D r.:.--) --1 ..:~-< (/) !-q -e.J --<0 ) -11 -='J " ;- -'-...', -, ~ .--7' .,.'.,,"- . ;+ ~.-1 o ..'_.~ -..,.. f;.? ~~ ;' 1'1 -:.~':-~ :j; RECOMMENDATION: Approve piggyback (Dekalb County, Georgia) purchase of a mobile Breathing Air.siJpply~;;-; Trailer from Breathing Air Systems in the amount of $85,932. -,- EXPLANA TION: The Fire Rescue Department was awarded a FEMA Fire Act grant in October of 2005. This purchase is one component of the total $294,696 grant award. The purchase is for a Breathing Air Supply Trailer that will serve the purpose of supplying breathing air to the Highrise Air Supply systems required by City code in all structures 75 feet or taller. This system will also provide other support functions for emergency operations crews such as emergency scene lighting and electrical power from an on board generator. PROGRAM IMPACT: This critical piece of fire apparatus will allow our firefighters the ability to refill air bottles on scene rather than transporting empty bottles back to a remote station for filling. The compressor will also provide a high pressure air connection to the Highrise Air Supply systems being installed in all highrise buildings. This emergency air supply will provide emergency breathing air at all levels of the building should our personnel require additional air over and above what they are physically carrying. The third component of the trailer is a self contained generator that will allow emergency lighting to be set up for remote nighttime emergency operations such as accidents on 1-95. FISCAL IMPACT: For this specific project FEMA provided $48,000 in funding. The total cost of the air cart and generator is $85,932; the matching $37,932 is coming from the 2006-07 budget (account No. 001-2210-522-64-06). AL TERNA TlVES: Not effectively utilize the Highrise Air Supply system. Require firefighters to physically carry replacement bottles of air to distant high rise floors. Require fire personnel to refi air bottles at remote fire station compressor sites rather than at the scene of the fire. Utilize less effective and effic ent scene lighting devices. ~ Department Head's Signature Department Name S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DQC 'ere'" ,', .( ~ CITY OF BOYNTON BEACH REQUEST FOR PURCHASE OVER $10,000 Date: 8/18/2006 Requesting Department: Fire Rescue Contact Person: Ray Carter Explanation for Purchase: The purpose of this purchase is to complete -the Fire Act Grant Program award for 2005 Grant #EMW-2005-FG-17476. The item being purchased is an Breathing Air Supply Trailer that will serve the purpose of supplying breathing air to the Highrise Air Supply systems required by code in all structures 75" or taller. This system will also provide other support functions for emergency operations crews such as emergency scene lighting and electrical power from an on board generator IRecommended Vendor Breathing Air Sy~tems I Dollar Amount of purcha~~i~('f;;l"":; Source for Purchase (check and attach backup materials): Three Written Quotations D GSA D State Contract D PRIDE/RESPECT D SNAPS D Sole Source D Piggy-Back D Budgeted Item D Emergency Purchase D Other D Contract Number: NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract Fund Source for Purchase: Federal funds from the Fire Act Grantaccount number 105-3021-513-64-02 $48,000 Matching funds budgeted account number 001-2210-522-64-02 $37,932 Approvals: D~p~d "'LIr~ Age~t Asst City Manager City Manager Date Date Date Date i)/tt Form Revised 02/01/02 200&'09-1123:17 9reathingAfr Systems FL 13524019501:>> 5617426316 P313 REJlTHING 71/R SYSTEMS BREATHING AIR SYSTEMS DIvision of Sub-Aquatics, Inc. 5555 S.E. Pine Ave. Unit 10-04, Ocalil, Florida 34480 Sales: (352) 620-7712 Fax: (352) 401-9501 Net: www.breathingair.com Reynold.burg 01\. . Oeala, FL . Chattanooga, TN . Macon, IL i-"ROPOSAL SU.IIITrl;C; to ,.HONE I -""1 I 742-6339 ! "Ai( I .l. (561) 742-6334 -_.._-~ -'''-1 n ,.-------f 1 O(L~ Boynton Beach Bly<t CITY. STATE & ZIP Bo nton Beach FL 33435 RiQUiST1iD ;Y - CAli! I ' TCOM25HAir Trailer JOI!. LOCA'l'!OIt t- --II~~~~L~;~~FD r-r:.o./l-' w EstdQ .1~!ffri--T m"\"'" . Fr~t.!.! Included ., , , Chief Carter 9112/06 I ----' NOTE: Warranty is as proposed. QUOTE Base Price F,)T Boynton Beach Fire Dept TCOM25H 1 TC0\125H Mobile trailer system 25 cfm, 6000 psi dual drive with diesel and electric_ Class 2 fill station, four ASME storage cylinders Generator with Telescoping Light Mast Spare Tire, Wheel Chocks with Fender Well Storage 75 Foot Hose Reel and Interior Lights 2 5/16" Ball Hitch 100 ) !2"L x 5 1/2"H Sign Hoards $79,387,00 Option A Option B Option C Option D Option E From Previous Price Quoted $7.272,00 $1,475.UO $3,150.00 S14{LQO tfi(}~OO '. IW,094.00 .. $670.00 $91,424.()O,. x .90 $82.282.00 BASE PRICE Less Option E 100 IJ2"L x 5 l/2"H Sign Boanls Shipping Start up ane training $] .825.00 . $1.82~.OO /l $3,650.00 $82,282.00 $3.650.0.0 Boynton Beach Fire Dept. S85.932.00 Less all Non Standard Parts and Equipment For Dekalb TCOM25H We propose hereby to furnish-complete in accordance with above specifications for the sum ''t~''ili PP. \'MENT TO BI! Mi\ll" "'S FnLLOWS: (UNLESS OTHERWISE 'NOTED, TERM& ARE NET t'^YMENT OF DATE OF ST ~,RT.Ul'. OR WITHIN 10 DA n NT~1l DEUVERY)- Proposal Submitte-d By; Randy L Baker Prices Good For 60 Days PAGE 2 Telescoping Light Mast with Four 500 Watt Rxtures, OPTION PACKAGE A Snorkel Tube tor Compressor Air Inlet integrated with Light Mast and 7500 Watt Auxiliary Generator OPTION PACKAGE B Spare Tire and Wheel Chocks with Fender Well Storage OPTION PACKAGE C 75 Foot Hose Reel and Interior Lights OPTION PACKAGE D 25/16" Ball Hitch OPTION PACKAGE E 100V2'L x 5%'H Sign Boards $3,150.00 $140,00 006-08-3103:42 Breathing Air Systems Fl 13524019501>> 5617426334 P1 "",--j:- j~T" j.ii.JG ::;;; rlJ::.--f! ~ 1 H 1 i V j~;i j~ J "611 ,f; 'l:SYEiViS BREATHING AIR SYSTEMS '~",,'';;:'A'it,iV..~~, ,JJ" Altes,. tNC, (corpo,.... Offlce) ~?,~~,,~~ti"t Reynold.burg. OH 43068 Te'.: (614) 864.123' FA)(: (814) 864-0071 SALES: 1 800 937-2479 - U.;AL.... FL 5555 S.E. HwY".1 Unit.. Ot:.llla, FL 34480 T...: (352) 62~7712 FAX: (352) 401.950' CHATTANOOGA, TN 42~ Cromwell Rd. Suite 576 ChItt.noog., TN 37421 TeIe; (423) 02-5902 FAX: ('23) ..a~121 MACQIlf, II. 850 H. Woodcoc:k Sl Macon.IL 62544 T.It: (211) 7M-ml FAX: (217) 7~182 Fax No: (SI./ ) '1 ~l - b 33lf To: Ch;~~ Cv+~r FACSMILE TRANSMISSION COVER ,/ t7'/ From: ~A\~1 l &AKer ~ fp -vc\ \. 'V' -1'\ COlDpreuon, Fill Statio.. Storale SytteDII, Mobile Sy.telDl Number of hats...... Cover aeel 2 Maiatenaaee J Air Test Proeram. If You Did Not Remve The Number OfPqcs Indi~ Or You Have Received This In Error, Please Notify Sender. HqJ ~~ U, 011 TII_ WUA n",," " ^We care about air! u\iTERNET: www,brealhingair.cocn EAMAIl: salea@breathingejr_~omorse~lceObrealhlng8ir.com BREATHING AIR SYSTEMS Division of SUB-AQUATICS, INC, (Corporate Office) 8855 East Broad Street, Reynoldsburg, OH 43068 Tele: (614) 864-1235 FAX: (614) 864-0071 SALES: 1-800-937-2479 OCALA, FL 555S,EHWY441 UNIT4, OCALA, FL 34480 TELE: (352) 629-7712 FAX: (352) 401-9501 CHATTANOOGA, TN 4255 CROMWELL RD SUITE 576 CHATTANOOGA TN 37421 TELE: (432) 892-5902 FAX: (423) 485-9121 MACON, IL 650 N. WOODCOCK 51. MACON, IL 62544 TELE: (217) 764-3221 FAX: (217) 764-5182 City of Boynton Beach Fire Dept 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, FL 33425-0310 Attn: Chief Carter, Aug, 08/2006 Chief Carter, I'm sorry for the delay in getting this quote to you. As you see I have added Start Up and Training to the price. I have also sent you one of the latest orders that went out to bid and that we have received the order. The Price as you see for Dekalb County was quite a bit more than the price I am giving you. There has been a price increase since you received the quote from Mr. Lebon Hancock, but I was able to keep the price for this Quote. As you look at Dekalb County's price, you will see a big jump in price. This is because of the increase of price from BAUER and also they had a few extras put on there unit. These parts that were put on were not standard parts for the unit. So I hope this will help you to secure the order with us. So please -do not hesitate, I do not know how long I will be able to hold this price for you. If you have any questions, please call me at my office, (352) 629-7712 Thank you for all your time. Sincerely, Randy L Baker Branch Manager FL Breathing Air Systems We care a60ut air! 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Ul Hen H ()I t!) ...:IZ ...:l W H 0:: p., PURCHA$EQROER '-., DeKalb County Purct18sing & Contracting Department 1'he Maloof Center /'bQm 202 :1300 Commerce Dr;.....!] 'Decatur, Georgia 30030 Phone: (434} 37~-2707 Felt:: {.104) 371-/006 ':....',1':: ,co ,de kBlb, g8. us.lpurchasinglDefau ILhtm SU,:JPLif:f~: StB-AQUAflCS IxC 4255 Cromwell Rd Sre :')7(, Chnttanong", TN 37421 S~jPPUSH NO, 12173.8 PAYMENTTERM$ Ncl30 ORnER i REVISION DAT:: 05.Jt:I,.U6 Sl-IIPV!A BEST SWPPJNGil,lETHOD BUYER M Haw.ood UN!': NO, SHIP NO, PO NUMBER 60,073 REViSION o ?AGE NO, :ril~ _:ll-F.~~$.Ef,)llr:e:,nHl.), WST-:-;,P*f~Jl{:';'~lt;ft ^HOC~:Jltf!fi:~Q~OE;~.l:~P.E'^:-.AE~_ TO. 'TH1S _O~1Jai, .1,f;i;:tttI,1t.til t~:EXP,P.E:ZG.l yu;onr,z-? .".:) T~~ - rE.~US_;: _ C:f\'07l:t.$H!: t:oftO\.1:.:t;U,CtJ _ rur Vt;;)(..;t..n-::Ct,;N!Y ft~'f:.:~J,,'-.c..~:h':7 .\'.0 CON.fl..tT.tl~ '1\",,-.. ,:t~ rlHl<itJb:;J__ j,....IO'l'.$-O,iIoti!f.".J'D~'ilJll~II". MAIL INVOICE TO: DEK:\U3 COU0iTY AnN: .'\CCOUi':TIt\(, SERVICES \hi0vJ" Allr.(,'~ 1300 C~II1:Hl~crte Dr iv\.: n~calllt, GA ,WliJO SHiP TO: S"'2 Bcle,'" --( FOB --< Destination FREiGHT TERMS Prl:j.l!lid & AJj()w~d CCmf~A_CT NW,1BEF\ REQUESTOR I DEUVER TO Smith. An ~Ia A (404~244-4204 BUYER TELEPHONE BUYER EMAIL 404~371~0814 mmha No/CO SHIP TO: 'U" Shop Fl,""t t.J",intt1nalH:t.l 3C43 'Nmren Rd (iel;..'1M,OA 30032 I IT, In.., E APPUCATION.I-\NO M,ANUFA, PT,URER'S STATfil...1ENT Hl-AUG-(J5 OF ORtGIN MUST BE MADE OUT TO OEKALB COUNTY GEORClA:130iJ COMMERCE: DRIVE; DECA'HJf::, GA 300.10 SbF' TO: "B" Shop Fleet Maintenance 3043 '/;'3trell Rd D0C,ltur,GA J{:,O:12 ITEM DESCRIPTION "R,4.IlJ':;R~tOUNTSO. BREATHiNG AII~ COMPRESSOR V'':lTH STORAGE .~N{) REfiLL e::OV!?MENT, COMPLETE ANI)READY TO OPERATE AS I~EH NT'- ACHED SPECIFICI\T!ONS I I ! \2 3 Pl.-EA$E DEliVER TQ DEI~.LBCOUNTY FLEET MAll'l'TENANCE: 3043 l)'.(J\RREN ROAP; OECA TUR GI>, SOGaL"". PLEASE; CONTACT fIILL ECKEL @ 404-2'H,4212 CONCERNING DELIVERY DATE I\ND TIME. SHIP TO: "8'"' ShOP Fleot Maintenenre 30.!.3 W!Jrmn Rd Oe:;..hlf,(>A,300:32 ;';LE.~S2 INCLUDE 2 PART MANU.ALS PER TfVIiLER SHIP TO: "B" Shap F)e~t M?inlenanc", 2;}43 VJam:m Rd DecatJ.:r.GA 300:';;~ 4 5 PLeASE iNCLUDE :2 R!;PAJR MANtJALS:JER TRAILER SHIP TO: ''B'' Shop Fleet MaiJ\ten<lI1t;\'; a043Wamm Rd Doctltur.G/\ 30032 GOf.'I:,a::'Nr$: , ... QUANrlTY .us UNIT PRICE AMOUNT UNIT W-,A,UG.05 ~~-lch !r/,50700 t .c,o <;I7,S070r! 1..DO EaC'l :tCQ ~9-AUG.05 1,00 caell 0,[:0 19.f\UG.05 Each 000 1.}J 'If'-AUG.05 Each 'J.GD : <)0 Total -~l~*a~- tlO6-08-3193:47 Breathing Air Systems Fl 13524019501>:> 5617426334 Pili .<EA THING AIR SYSTEMS IIvieion of Sub-Aquatics. Inc. , S855 EAST BROAD STREET REYNOLDSBURG" OH 43068 15830 CUSTOMER NO. 811757 Phone: (614) 864-1236 Fax: (114) 884-0071 flD TO: OEKALB COUNTY ACCTG SERViCeS DIV MALOOP ANN!X 1300 COMMERCE DR oeCATUR, GA 30030 SHIP TO: DlKAL8 COUNTY B SHOP FLEeT MAINTENANCE 3043 WAMEN RD Decatur, GA 30032 Customer Phone ,: (.04. 284-2548 ~...' .. - . . ..-. . DATE SHIP VIA F.O.B. TERMS -.-.-- . ."-. - 07/18108 BW Deltlnatton Nel45 - - PURCHASE ORDER NUMBER ORDER DATE SALESPERSON OUR ORDeR NUMBER -'. -'--. u ...... ~_. ---... 805073 Brad Smith 15930 . Qrv. QTY. OlY. ITEM NUMBER DESCRIPTION UNrr PRICE EXTENDED PRICE ORDERED SHI~Pf~ I--~:O, -, -- .-."' -...-.......- 1 TCOM25H MobIe .....r sylttm 97607.00 97607 .00 25 elm, eooo pai dual drive wIh dine. Ind eleclrio. ell.. 21111111on, rour ASME storage cylnders, SCBA ...ge lor 12 cyDnd..... Order I 07607.00 Order lob t 97507 .00 I I I , I I I .---'---- ..... . -.---J 2006,09,11 23:H ilraathlng"" Systerj'$ fL 135240i9501 en S617"263j~ P2 BREATHING AIR SYSTEMS Divlskm of Sub-Aquatil:l$. Illc. 5555 S.E. Pine Ave. Unit 10-04, Ocela, Florida 34480 Sales: (352) 629.7712 Fax' (352) 401-9501 Net: www.breathlngalr.com Reynoldsburg Oh. . Cella, Fl . Chattanooga. TN . Macon, Il -a:;.-::~~~':::'::--f~1j742:S3}~=-- =f"(~1J 7i;~._~-~=n-I, I STl?EET ITeMS OveTED i,.,_1Q.9 E BoYnioneeachBIv~--=--=-=R, TC OM2511-Air T!"i1eru. .. --_._-_._--~~ CITY, STATE" 1:11' JOW LOCATION ~__., ' I -.------ i Boynton Beac~!.. FL 3~435___:=~O "ton Beach FD , ~. ----------- , R!QUl!$T!O 11'1' ~Ti ESTlMATED DELiVeRY TIM~ ' F 0 a t-------- --- ---- -- Est.10 weeks from the time 1 ,-- -- B____ - ~ Chief Cart~r 9{12~_.~we receive order. _______~ FreigntJ~.!t!deQ..___---, NOTE: Warranty is as propo&ed. QUOTE Base Price For Dekalb TCOM25H I TCOM25H Mobile trailer system 25 cfm, 6000 psi dual drive with diesel and electric. Class 2 fill station. four AS.!Vlli storage cylinders Generator wlth Telescoping Light Mast Spare Tire, Wheel Chocks with Fender We'l Storage 75 Foot Hose Reel and Interior Lights 2 ",;1 (," 0..11 ll,t..h 100 1/2"L x 5 I !2"H Sign Boards $79J81.(JO ()...t~v.u D Option E BASE PRICE S7,272.00 $1,475,1;0 $3,150,00 t 1 10,00 ~70,llli $92.094,00 Option A Option B Option C 1\'on Standa.rd Part" For Dekalb TCOM2SH with, Al! "''1t,il'm......t "h"tt hpl"Tn"ir\",rt hy th.. rYl..nnf"r'hlr.. ,with h..,,,,l...,,. 20 Lb ABC dry chemical extinguisher with Fire hooks Unlimited Extinguisher btc\cket model EXT -H lico chock blocks nwdel AC-44 Stream light model 45107 hand light v.:ith spotlight with direct , .. $1.200.00 3 Engineering, fabrication and BAUER factory installation XA Tl Air 'fest Analysis Additional operator manuals Shipping Training & Start up Extra Non Standard Parts $2,115,00 $105,00 $150,00 $1.150,00 $693,00 $5.413.00 $92,094.00 $5.413.00 Dekalb TOTAL $97,507.00 PAGE 1 2006~O9-1123:16 Breathing Air SYStl!ffiS FL 1352-4019!iO~ >:> 5617426316 PI raA~, 4,'.jTlJiNG , . ~'H ';:. \ Y ~ TE;1 Ii C' ...; 1 '-' ~ " ''''' BREATHING AIR SYSTEMS Olvil5ion of SUB-AQUATICS, iNC. (Corporat. OflIct) Bll55 EllSl aroad Street, R8)lnoldsburg, OH 43068 Tele: (814) 884-1235 FAX: (614) 854-0071 SALES: 1 BOO 937-2479 . UC$ll..r\, FL 5555 S,E. Hwv 441 Unit 4 Oci~. FL. 3....~ T ele: .352) 629-n12 FAX 1352,401.%01 CHATT~~OOGA, TN "255 Cromwell Rd S\Jile 576 Chatunooga, TN 31421 Tela: (423) a~-a802 FAX: (423) 4&5-9121 MACOIII, IL eso N. IIIIDodcock SI, Macon. II. 62544 r..: (217) 1lN-J221 FAX: (217) 784--5182 To: CArol ~Oppl~J (~'I) '~,)-'d~~ g oyn 'h~ Bd"l, . e'~' .' ~,,{~f~. ~" ,- Ii ",,"' ~.;";.. \): I · "';(/' ...~' "~:t\\ ~r~ ~J t..{I'~ .,~~ -', '~~' 1.-' \, ~.' J :'.,; I,' :::::::',' ~ . ~! I -=:;::::,. , : ~ ~ ,'~ .----' ' ; ,},II ~/ , It- i 'I' t F ACSMILE TRANSMISSION COVER Fax No: (~6/) 1 Y.2 . , 3 / ~ '" -;.. ", llilll From: (? AI -,,~) Lf L.. B "d.:' u... _ Compreuont Fill Stations Storace Systeml, Mobile Syatems Number 01 Paces IDCIudi.& Cover Sbeel --.:l.. MaIDtenaDce I Air Test Proarams p\I!,O"'l. C"ll IVtt I~' I.(D0 hAv'It A.ty Q'Ju/,J;l-rJ J .-1 /' l- t' 7 A "H( " . tLp ~ ~,~- 14 '\i I ~~~ If You Did Not Rave Tho Nwnbcr OfPases Indicated, Or You Have Received This In Cuv~.l"l~NuUty &;u&k:J. Hql S6e Us Ott T1I~ Wd1b. 1'11"". 'We care a60ut air! j,-JTERrJET, wwwbrcatbingllir,~om E-MAIL: sales@bre.thillllair.comOrMNlceCnlthlnglllr.com .1500 WattAlJxiliary Generator OPTIONAL PACKAGE B . Spare Tire with Cover · Wheel Chocks with Fender Well Storage OPtiONAl.: PACKAGE 0 · 25116" Ball Hitch OPTIONAL PACKAGE E · 1 00 1/2" L x 51/2"H Sign Boards SUPERSEDES: ALL PRIOR It is the intention of this document to describe a specification for a mobile, dual drive SCBA fill system that meets or exceeds the requirements of CGA Pamphlet G-7, Compressed Air for Human Respiration, the requirements of ANSVCGA g-7.1 , Commodity Specification for Air, Grade E, and all other recognized standards for respirable air. The complete system shall be built by the same manufacturer and comprised of a high-pressure compressor with two prime movers, purification system, system control panel, storage system, fill station and a highway rated trailer. The station shall be designed for a maximum working pressure of 6,000 PSIG. All equipment shall be new and of current design and m llfacttlre,......._U~~d or refurbished equipment is unacceptable. DUAL DRIVE TRAILE OUNTED !=B 6ooo-Psl--sERVi CE The SCBA fill system shall consist of the following main components: - High pressure compressor - Two prime movers provided with integrated control circuits - Purification system - System control panel - Storage system - Air control panel - Two position SCBA fill station - Highway rated trailer Standard Features: - Full compressor instrumentation complete with a gauge for each stage of compression, an oil pressure gauge and hourmeter - Two prime movers (combination of electric/diesel) - On/off switch for each prime mover - Power on light (electric circuit energized) - Operations and fill station panel lights for night time illumination - Air pressure switch (start/stop for electric, speed reduction @ pressure for diesel) - Compressor shall be equipped with a low oil pressure and high temperature shutdown switches and indicator lights - Diesel engine shall be equipped with low oil pressure, high temperature and over- speed shutdown switches with a common warning light - Pressure maintaining valve - Inlet filter restriction indicator for both the diesel engine and compressor TCOM - 25H JUL Y 2005 PAGE I OF 11 SUPERSEDES: ALL PRIOR - Automatic condensate drain complete with combination separator/muffler, drain solenoid timer, condensate reservoir, level switch and drain hose Securus@ electronic purification system monitor with shutdown Electronic carbon monoxide monitor complete with air regulation panel and shutdown Carbon monoxide monitor calibration kit including 20 ppm and Zero Gases - Two position NFP A compliant containment type fill station - Two fill hoses complete with bleed valves and SCBA fill adapters of choice - Dual axle, four wheel, heavy duty highway rated trailer - Battery charger. System shall operate when the shore power cord is plugged into the fire house Rear operations panel roller shutter door SCBA storage racks built to accommodate up to 12-SCBA cylinders shall be integrated within the enclosure Storage locker located inside the trailer built to accommodate spare air purification cartridges - Emergency stop switch - Four (4) ASME air storage cylinders with dual function cascade controls operable by a single valve per bank - Lockable door latches The complete compressor/purification/storage system shall be provided on a steel frame bolted to the trailer's steel frame. The system shall be completely enclosed in a weather resistant enclosure. The enclosure shall provide access panels for operating, servicing and routine maintenance. All control valves, gauges and warning indicators necessary for the operation and control of the system shall be mounted in such a way that they are readily accessible and visible to the operator. Any and all shutdowns and abnormal functions of the compressor or purification system shall be immediately indicated by fault lamps and audible alarm as required by NFP A 1901. The compressor is designed for ambient operating temperatures between 400F and 1150 IF. Performance Table Charging Air Processing Trailer Model FAD2 Rate3 Compressor Purification Capability 4 SCFM SCFM Model System (cu ft) TCOM -25H 21.0 25.2 K18.1II P5 Securus 150,000 I Please consult the Bauer factory for applications outside of this temperature range. 2 Based on standard inlet conditions. 3 Based on recharging an 80 cu ft cylinder from 500 to 3000 PSIG. 4 Based on an inlet temperature of70oF, TCOM - 25H JUL Y 2005 PAGE 2 OF 11 SUPERSEDES: ALL PRIOR Compressor The compressor shall be an air-cooled, oil lubricated, five stage, four cylinder, single acting, reciprocating compressor. The second and fourth stage of compression shall share one common stepped cylinder. The crankcase shall be cast of a high strength, aluminum alloy. The crankshaft shall be of a single piece forged steel construction, and supported in the crankcase by three long-life roller bearings. The connecting rods shall be of single piece design and constructed of a high strength aluminum alloy. Each connecting rod shall incorporate a roller bearing at the crank end and needle bearing on the pin end. The pistons shall be constructed of an aluminum alloy. Piston rings on the first through fourth stage are of cast iron; fifth stage rings shall be of a high strength polymide. The final stage shall incorporate a ringed, free-floating, aluminum piston, which is driven by a guide piston and the previous stage's discharge pressure. The cylinders shall be of cast iron construction with deep cooling fins on the external surface for optimum heat dissipation. The cylinders shall be arranged in a dynamically balanced, diametrically opposed "X" configuration with each cylinder located directly in the cooling fan's blast. The cylinders shall be removable from the crankcase. The compressor's flywheel shall be cast iron. A multi-wing, high velocity cooling fan shall be integral to the flywheel. The fan wings shall be replaceable. An intercooler shall be provided after each stage of compression and an aftercooler shall be provided after the final stage of compression. The coolers shall be individually detachable from the compressor, located directly in the cooling fan's blast and made of stainless steel. The aftercooler shall be designed to cool the discharge air to within 180F of ambient temperature. A cool-down cycle shall not be required prior to stopping the compressor. A separator shaIi be supplied after the second and third stages of compression, and a coalescing separator shall be supplied at the discharge of the compressor. An automatic condensate drain (A.C.D.) system shall be supplied for all of the separators. The drain solenoids shall be controlled by the Programable Logic Controller (PLC) and factory preset to drain the separators approximately every fifteen minutes for approximately six seconds. The A.C.D. system shall unload the compressor on shutdown for unloaded restart. An exhaust muffler and condensate reservoir shall be supplied. The condensate reservoir shall have a high liquid level indication system to provide system shutdown and to alert the operator that the condensate reservoir is at capacity. The operator shall be alerted that the reservoir is at capacity via a visual indicator light and equipment shutdown. Manually operated valves shall be supplied to override the automatic operation of the A.C.D. system for test and maintenance purposes. The compressor shall be lubricated by a combination splash and low pressure lubrication system. The final stage of compression shall be lubricated by a pressurized lubrication circuit. The other stages and the driving gear shall be splash lubricated. The pressure lubrication circuit shall include a positive displacement oil pump, gear driven by the TCOM - 25H JUL Y 2005 PAGE 3 OF II SUPERSEDES: ALL PRIOR crankshaft, and a non-adjustable oil pressure regulator and full flow replaceable oil filter. A highly visible sight glass shall be included to check the oil level. The oil drain for the compressor shall be piped to the outside of the frame, The compressor shall be equipped with an inlet filter with replaceable particulate elements and fitted with a maintenance indicator. Prime Movers Both system drive belts shall be equipped with self-tensioning idlers. A unique de- tensioning devise shall be provided that precludes the need for shifting the compressor or both primary movers. Each idler pulley is equipped with a recess for a W' drive tool to detension the idlers, Additionally a unique retainer pin shall be provided to enable the idler to be locked in position The scope of supply for the prime movers shall be as follows: Electric Motor - The system shall be equipped with a 20 Hp, 208, 230 or 460 v I 3 phase I 60 Hz ODP electric motor - Magnetic starter with overload protection and manual reset - Control voltage transformer with fuse Diesel Engine - The system shall be equipped with a Mitsubishi watercooled 37 HP diesel engine - Electric start, 12 volt D.C. - Fuel filter with priming pump and sediment bowl - Oil filter - Alternator - Voltmeter - Hourmeter - Speed control solenoid - Electric clutch - Inlet filter, replaceable element type - I3-gallon fuel tank with fuel gauge - Battery and enclosure - Glow plugs - Over speed switch - High temperature switch - Low oil pressure switch - Bearing supported output shaft - Exhaust cowl muffler with spark arrestor TeOM - 25H JULY 2005 PAGE 4 OF 11 SUPERSEDES: ALL PRIOR - Engine exhaust piped to the curb side of the trailer in front of the wheels Electrical Control The control panel shall include an across-the-line magnetic motor starter, fused transformer and PLC controller. The electrical panel installed in the NEMA enclosure shall be built in compliance to UL's Industrial Control Panel Custom Builders Program, UL 508A, and shall be affixed with a U.L. label. The PLC compressor control system consists of a programmable logic controller for the monitoring, protection and control of standard compressor systems. Standard features include: - A NEMA 4 enclosure - Ignition Switch - On / off selector switch - Emergency stop - Warning and alann indicator lights o All lamps shall be as a minimum 22 mm diameter o Lamp test function built in o Lamps will flash code representing faults and warnings - Built in overtime timer set at 5 hours - optional times available Final separator counter warning and alann functions Full support ofSECURUS warning and alarm functions, - Full support of CO monitor alann functions Motor overload alann - UL listed panel Compressor hourmeter - Engine hourmeter DC bus voltmeter Line power fuses with blown fuse indication shall be provided - Control power fuses with blown fuse indication shall be provided - A 25-ft power cable with lockable disconnect switch Green AC power available lamp Onboard battery charger Two nonresettable hourmeters shall be supplied to record the number of compressor and diesel operation hours. The hourmeters shall be installed in the instrument panel. The compressor oil pressure shall be monitored by a pressure switch and pressure gauge installed locally on the compressor. The compressor shall shut down and a fault code will flash should the compressor's oil pressure drop below the factory preset value during TCOM - 25H JUL Y 2005 PAGE 5 OF 11 SUPERSEDES: ALL PRIOR operation. The oil pressure switch shall be by-passed during start-up to permit the oil pump to achieve the normal operating pressure, A temperature switch shall be supplied on the final stage head of the compressor. The compressor shall shutdown and a fault light code will flash should the final stage discharge temperature exceed the tamper-proof set point during operation, For ease of system diagnosis and maintenance, the low oil pressure and high pressure air shutdown switches shall be equipped with DIN type connectors. Additionally, all of the wiring shall be color coded and encapsulated within a split corrugated type loom. Each wire end connection shall be machine crimped, An Amber warning lamp (LED) and red alarm lamp (LED) will be provided to annunciate a flash code. Two warnings and Ten separate alarms shall be displayed. Fault light shall be installed on the instrument panel and shall be LED type and be red in color. Each fault light shall be labeled with an engraved nameplate. Purification System The purification system shall purify high pressure air to a quality that meets or exceeds the requirements of CGA Pamphlet G-7, Compressed Air for Human Respiration, ANSI/CGA G-7.1, Commodity Specification for Air, Grade E, and all other recognized standards for breathing air. Purification shall be achieved by mechanical separation of condensed oil and water droplets, adsorption of vaporous water by a desiccant, adsorption of oil vapor and elimination of noxious odors by activated carbon and conversion of carbon monoxide to respirable levels of carbon dioxide by catalyst. The high pressure purification chambers shall have a working pressure of 6000 PSIG. The purification system shall utilize replaceable cartridges. The purification system shall process 150,000 cubic feet of air prior to purification cartridge replacement. The purification system shall be designed so that the replacement of the cartridges can be accomplished without disconnecting system piping, The design of the chambers shall preclude the possibility of operating the system without cartridges installed or with improperly installed cartridges. Each purification cartridge shall be constructed utilizing an anodized aluminum shell to inhibit corrosion. A bleed valve shall be provided to vent the purification system to facilitate replacing the cartridges. A pressure maintaining valve and a check valve shall be supplied downstream of the purification system to increase the efficiency of the purification system by maintaining a positive back pressure. A check valve shall be supplied between the coalescing separator on the compressor's discharge line and the purification system to maintain the positive pressure in the purification system when the compressor shuts down. Per NFP A 1901, A piping connection shall be provided downstream of the pressure maintaining valve to provide an air sample for the air quality monitors. TCOM - 25H JULY 2005 PAGE 6 OF 11 SUPERSEDES: ALL PRIOR The purification system shall include a Securus@5 Electronic Moisture Monitor System. A sensor shall be located in the Securus purifier cartridge for direct monitoring of moisture levels. A display module shall be supplied to indicate the status of the Securus cartridge. Securus system shall warn the operator, in advance, of the impending expiration of the Securus cartridge. The compressor shall shut down automatically should the operator fail to change the Securus cartridge within the warning period. The compressor shall not be capable of restarting until the used cartridge is replaced with a new one6. The moisture monitoring system shall be of a fail-safe design. Should the electrical contact between the display module and sensor be disconnected, an immediate fault shut down shall be affected. For absolute safety and highest quality breathing air, no manual override shall be supplied for the moisture monitor. The unit shall be equipped with an electronic carbon monoxide monitoring system. The system shall be designed to provide continuous monitoring of the carbon monoxide levels in the processed breathing air and shall shut the compressor system down if the monitor detects trace elements of carbon monoxide in excess of 10 ppm. Along with system shutdown, the panel mounted fault indicator shall illuminate upon high CO. The instruments electronics shall be encased within a NEMA 4X polycarbonate enclosure. The case is corrosion resistant, positively pressurized by the compressor air supply line, and sealed except for a bleed hole to exhaust the compressor's processed air. The unit shall operate on system voltage. Along with a built in flow meter, the system shall include an illuminated display and internal switches to check the system circuitry. There shall be no calibration adjustments or controls as the system functions are managed by the system microprocessor. The chemical cell shall have a .life expectancy of approximately two to three years with a calibration period recommendation of every 30- days. The system shall include two cylinders of test gas; 20-ppm carbon monoxide and zero test gas. Additionally a regulator shall be provided. Recalibration shall only require the following: Shut off the compressor supply line. If the operator fails to close the valve a prompt on the monitor display shall indicate "Supply Off'. Connect the test gas to the cal port connector on the instrument The monitor display will read "Cal Gas" and shall automatically initiate a 60 second countdown. After the unit has automatically calibrated itself a message will appear "CO G Set" indicating that the CO adjustment has been set for 20 ppm. Storaee System 5 U.S, Patent Number 4,828,589 6 Replace all cartridges at the same time TCOM - 25H JUL Y 2005 PAGE 7 OF 11 SUPERSEDES: ALL PRIOR The air storage system shall include four high pressure, ASME code stamped vessels, The vessels shall be mounted inside the trailer enclosure in a horizontal configuration in such a way that they are accessible for periodic inspection. The vessels shall be fabricated and stamped in accordance with Section VlIl of the ASME code for unfired pressure vessels. Each vessel shall have a capacity of 491 cu ft at 6000 PSI and a safety factor or 3:1 at 6000 PSIG, To comply with OSHA 29 CFR 1910.169, each pressure vessel will have an indicating pressure gauge, High pressure valves shall be provided on the bottom of each vessel to facilitate the safe bleed of air from the vessel. The steel base shall provide protection for the valves per NFP A 1901 and protect the operator from the discharge from the valves, Air Control Panel The air control panel shall be illuminated by a 12 volt, lighting fixture for nighttime operation and include the following standard features: - Four air storage bank gauges - Four bank cascade controls with storage bypass valve to facilitate filling the SCBAs directly from the compressor - A storage refill port and valve per NFP A 1901 with CGA connection shall be provided - A system air direction valve shall be provided to allow the system operator to select "filling from storage" or "filling from the compressor" - Engine controls - Roller shutter door to protect the system controls from road debris and or inclement weather Two Position Containment Fill Station A front-loading, two position, containment type fill station shall be provided and located at the rear of the trailer. The fill station shall be built and tested to conform to NFP A 1901, 1999 Edition. The fill station shall totally enclose the SCBA cylinders during the refilling process. The fill station will vent the expanding air away from the operator and contain the fragments of a ruptured cylinder in the unlikely event of a bottle failure while being filled, The fill station's outer enclosure and door assemblies shall be constructed of formed 1/4 inch thick plate steel. Venting shall be provided in the bottom of the fill station to allow the rapidly expanding air from a ruptured cylinder to escape from the fill station. The fill station shall be ergonomically designed for maximum operator convenience and safety for refilling cylinders, The fill station door and cylinder holder assembly shall tilt out towards the operator 89 degrees, providing unobstructed access to the cylinder holder to load and unload the cylinders. A handle and heavy-duty gas spring shall be incorporated TCOM - 25H JULY 2005 PAGE 8 OF 11 SUPERSEDES: ALL PRIOR into the design of the fill station to assist the operator in opening and closing the fill station door. It shall take no more than approximately eighteen pounds of effort to open or close the fill station door thereby eliminating operator fatigue. Each cylinder holder shall be lined to prevent scuffing the outer surface of the SCBA cylinders. For complete operator protection, the fill station shall include a safety interlock system that will prevent refilling SCBA cylinders unless the fill station door is closed and secured in the locked position. The automatic interlock will require no actuation of secondary latching mechanism on the outside of the fill station. Two fill hoses shall be located within the fill station. Each fill hose shall be equipped with a bleed valve and SCBA fill adapter of choice. Fill hose retainers shall be provided to anchor the fill hoses when not in use. A fill control panel shall be installed on the front of the fill station. The control panel shall be factory piped and designed to fill two SCBA or SCUBA cylinders, up to 30" in length, either independently or simultaneously. The control panel shall include the following standard features: Inlet pressure gauge Adjustable pressure regulator Regulated pressure gauge Two (2) fill control valves Two (2) fill pressure gauges One (1) relief valve for regulated fill pressure Trailer All of the components shall be mounted to a heavy duty, highway rated trailer. All of the components shall be sheltered from the elements by a weather resistant enclosure. Door panels are to be opened during the operation of the compressor to facilitate ventilation of the enclosure and equipment. The Following Features Shall be Incorporated onto The Trailer - Dual torflex axles, four wheel chassis - 9,000 lbs GVW - Hydraulic surge brakes with break away actuator - 3" pintle eye hitch ( ball coupler available) - Red exterior powder coat top coat finish (optional colors are available) - 2" exhaust pipe to the curb side of the trailer in front of the wheels - DOT required lights with a seven-pin connection point shall be provided. A coiled electrical pigtail shall be provided for hook-up to the tow vehicle. TCOM - 25H JUL Y 2005 PAGE 9 OF 11 SUPERSEDES: ALl. PRIOR - Fenders - Maximum towing speed of 55 MPH - Safety chains - Weight-load matched radial tires - Parking Brake - Tongue jack with swivel wheel - Chrome plated wheels - Four (4) system tie downs, one on each corner of the trailer frame Testine and Preparation for Shipment The system shall be tested by the manufacturer prior to shipment. A copy of the manufacturer's test report shall accompany the station at shipment. The system shall be suitably prepared for transport. The compressor intake and similar openings shall be suitably covered. Component parts, loose parts or associated spare parts shall be packaged separately and shipped in the trailer. Documentation A documentation package shall be supplied with the mobile compressor system. The documentation package shall include, at a minimum, two operation manuals with recommended spare parts list as required by NFP A 1901, warranty information and a start-up/warranty registration form. The Operator's Instruction and Maintenance Manual for the breathing air station shall be as detailed as possible, outlining all operation and maintenance instructions. The manual shall be incorporated onto a CD and include detailed illustrated drawings for the compressor block and all system components along with a complete parts listing for all illustrated components, Wamings and safety precautions shall be identified clearly in the manual. Optional Accessory Groups: The following Accessory Groups are offered to the user to allow the owner to customize the system to meet their particular requirements, . Accessory Group A: o This accessory group shall include an onboard generating system and pneumatically telescoping light mast with integral air intake system. An onboard generating system shall be provided that will produce 7500 watts, The power produced shall be sufficient to support the light mast plus four (4) additional 115-volt receptacles integrated onto the generator. The generator TCOM - 25H JULY 2005 PAGE 10 OF 11 SUPERSEDES: ALL PRlOR shall be belt driven and shall automatically increase diesel engine rpm when the light mast equipped lights are turned on or the receptacles are being used. A unique high idle switch shall be incorporated within the generator access door that will increase the engine rpm whenever the door is opened or auxiliary receptacles are being used. The light mast shall be capable of telescoping 15-ft and shall include four (4) 500-watt quartz lights on a unique removable base. The base is capable of being removed without the use of hand-tools. All controls for the light mast and quartz lights shall be located on the compressor operations panel. · Accessory Group B: o This accessory group shall include a spare tire with cover and four (4) wheel chocks. The spare tire shall be a full sized variant. The cover shall be sized such that it will cover the entire spare tire. The tire assembly shall be mounted on a vertical arm located on the right front comer of the trailer tongue. Four (4) wheel chocks shall be provided with the trailer system and shall be stowed when not in use in convenient fenderwelllockers located on both the curb and street sides of the trailer. · Accessory Group C: o This accessory group shall include cabinet interior lighting and a 75-ft high pressure hose reel. The lighting shall consist of eight (8) 12-volt lights strategically located within the enclosure, for maximum illumination. A separately mounted and fused switch shall control all of the lights. The hose reel feature shall consist of a spring rewind hose reel, remote fill hose connection including adjustable regulator for up to 6000-psi service, panel mounted pressure gauge and operations panel mounted service valve connected to a cabinet enclosed hose reel with 75-feet of hose rated for 6000 psI. · Accessory Group D: o This accessory group shall include a 2-5/16" ball coupler in lieu of 3" pintle hook. Reference outline dimension drawing: ASY-0950 TCOM - 25H JUL Y 2005 PAGE 11 OF 11 dUO It rY t:1 ~-M cktG De~Ov\b _-r" , I (0.. 3 {J(~ MINIMUM REQUIREMENTS 2. The power produced shall be sufficient to support the light mast plus four (4) additional I I 5 "volt receptacles integrated onto the generator, 3, The generator shall be belt driven and shan nutomatically increase diesel engine rpl1l when the light mast equipped lights are turned on or the recl'ptac1es 8re being used, 4, Automatic high idk switch shall be incorpornted within the generator access door thnt will increase the I'ngine rpm whtmeva the door is opened or atlxili~ rlfeptacles are being used, L... Jvd.~ -.,..:t;\, <.- N~ATAP[ATE AND PI.;:A.CARDS & WARNINGS I, A permanent data plate shall be affixed in the interior compartment in adjacent to the diesel gem:raror motor specifying the quanhty and type of the following fluids u~ed in the completed vehicll' when equipped with the specified component. a). Engine Oil b) Engine CooIlmt c). Generator system lubricant 2, Placard - "Open all doors when operdting generator & compressor" 3, Warning _ '"Maximum towing speed of 55 MPH" shall affix to the outSIde of the trailer on the left feDder facing the driver position, ~FLECTlVE LETfERlNG. STRIPING & PAINT I. Striping shall be placed up to 60" above ground level and shall conform to NF'P A reflectivity requirements. Allellst ,50"10 of thc perimeler length of each side and width of the rear, and at least 25% of the penrnetl:1' width of the front of the vehicle shall have reflective stripe, 2, See Lettering and Striping Spllcificntion 3. Lettering matching specification shall be installro on the apparatus; layout shall be discussed at the pre-constxuction conference. 4. All edges shall be sealed 5, A three (3) step wash and phosphoric treatment shall be used in the preparation prior to applying the powder cont finish. The enclosure body shall be Banuner FillJlish powder coated on the oulSide and on the inside, The paint shall be Cardinal Industrial Red Hammer semi Sloss TO 13-RD- 15, 6, The trailer chassis and frdme shall use the same process as the enclosure. The color shall be black. I I I (I .Ill J. N Vl f}4~ ;/',4~'i .A /[ I +t.l:>~fll "I<- vj/2e>pl J l1P/tf'l/ (7 I p*, MANDITORY EQUIPMENT 1. All equipment shall be provided by the manufBcture WIth brackets One ( I) 20 lb. ABC dry chemical extinguisher with Firehooks Unlimited Extinguisher bracket model EXT-H Two (2) Zico chock blocks I AC-44 on;J)i Slrea.mlighl mode 45107 and light with spotlight with direct f P.,. 20 ,I''' ',., 1 ,rs.S. t'l,. f>}' / ~ I 1 7'----/-- If) (fl, I' , / ,/ ;: 1 .' / I --,OJ /./ ,I v / fL //--/ n!ef /Z 1'j),1 If A J f);J.fItI M Invitation No, 3000507 BIDDER STATE no ---Mr---- ~-r" J ( .-r-y11 ~ ~ tt? >( # ~ {I I' " q:.J' ' vel ~ ft 1L, U/~ ~ ~/ / -------- ././ ._~~/ 1d :d 3WOH:Ol 121&S8P[2P ~l~ 9NIH1~3~8:WD~3 11:50 9002-L-lnf AFP-l :::;- 2J[1l]E, 1 [1 :3[1 BAUEP CClf'lFPE'::;';[IFS I t'JC . 757 :::':0:.-,7 1CJ41 P. CI2 29 r ':Ii 1) INVITATION TO BID Invita.ti~n No. 3000507 SIGNER'S NAME AND TITlE {Type MPrint): Telephone and Fax Phone: ..:\ Suhl11ilh~~sjl1,l'lriginal ONLY Add [less. Bids T (): DEKAI...llCOUNTYiPURCHASINC AND CONTRACTING DEPAIt'1'MErNW IlOPj\120Z, THE MALOOF CENTER, 1300 COMMERCE DRIVE, DECATUR~ ForSpcci!1cntions informiltion bdorc 3d"lIed Bids are opened, contact SpecificatioM & BIddil'!.Sqiyisipua NOTE: AI/Requests Must Be [n Writing. See Attached Form 3, Parllgraph 2: (E-mail: DllIth.oOI<<i~o.de For Abstract information 'Jikr Sealed Bids are opened, contact Administration & Operations (E-mllJl i1fll!liIWlllll,l(th:o.lkkall),1!;ul> ). Sealed Bids for furnishing th~ commodities or services described in the fOllowing schedut~ Purchasing & Contracting Department. Room 202, The MaloofCenler, 1300 Comll1ercet>id~ ,1~::)i) 1'~..'l!!.~l~lJ~,~J!O() and at that time publicly opened. The official Pllrchasi~8:~ Web Site is: http)/.www.co.dek~llb.ga.us/l>lJl.chaSill~/index.htm where bidding info AU bids arc subject to the following: l, The attached Bidding Irl$tructions, Terms HTld Conditions 5, Bnmd Name or Trade Name/Murk InsiTti (Purchasing and Contracting Form # 3), Contl'acting Form # 14), , ".i 2, Notice To Bidders (Purchu&ing and COlllracring Foml #17), G. Minimum Technical Speci!1cationsfor lt~l 3 Thc Schedule included below "odlor attached hereto. ], Small Business Enle'llrisc OPPOr1uri.(y.(P& 4. Such other prf)vrslons. reprc~cntations, certifications. and specHJcations as are attached hereto orincorponlted by reference in the Schedule, DELIVERY F.O.B.: DeKalb County Fleet Maintenance Division, 3043 Warren Road, Decaj;u A TTN: George E. Smith, telephone (404) 244-4201. DESCRlPTION Bids are invited by DeKalb County to establish a Purchase Agreement for fumish TRAfLERMOUNTED COM~RESSOR SYSTEM as listed on Item No, I, and in accordance with attached requirements. CAUTION: READ ALL INSTRUCTIONS, CONDITIONS, SPECIFICATIONS. In compliance with the above, the undersigned offers and agrees, if this Bid be accepted within nine the date of Opening, to fumish any or aU ofthe items upon which prices arc quoted, at the price set~ delivered at the designated point(s) within the time specified in this Invitation. . Bidder state payment tenus, including time payment discount(s): FIRM'S NAME AND ADDRESS: (Street, City, Stale and Zip Code. Type Or print): SIGNATURE OF PERSON AUTI-IORJZ,gt) TO SIGN BID (Bid muSt be signed): Federal Tax ID No, Fax: E-mail: Page 1 of28 Iii 'F. ..[ 'I II 11::., )c:HUFF' i lil'lF'F'E'='.'::-,DV, [Ijl :( ',' IlL J! Invita~ion No. 3000507 Purchasing & Contracting Foml 11 17 (Rev 12-02) :: ... :; ~ :;: ~:':.'."'~:'~< "';,,',.;;,, :.; "~ok'; = NOTICE TO BIDDERS; Jt is the sole responsibility of bidder(s) to enSure that bids reach the Purchasing & the closing date and time. The County shall in no way be responsible for delays tckphone, facsimile or Lelegram will not be accepted, The Coumy will not be responsible for late deliveries or delayed mail. The timc/dates~ Purchasing & Contracting Department shall serve as the official authority to determine!' opening time shall be strictly observed, Under no circumstances sh,dl bid~ delivered cunsidered, Such bid:,; will be retumed unopened, THE DECATUR POSTMASTER WILL NOT DELIVER CERTIFIED MAIL TO SPECIFIC ADDRESSES WITHIN DEKALB COUNTY SENDING BIDS OR TIME SENSITIVE DOCUMENTS, YOU MAYWA COURTER THAT WILL DELIVER TO SPECIFIC ADDRESSES. fuel 1 \I~i \ { HI (I" (WH \-\'EB SIll': \VHERF HID L:POATES AND 1',)\ 1/' 1;, THE OFFICIAL PURCHASING & CONTRACTING DEPARTMENT h~tp )./WW\\, (:0, deki::lJb.~ us/purchasing/indcx. htrn !~1I bids must b,: either typewritten or filled in with pen and ink, and must be signed in ink p~'a having authority Lo bind the company or firm, Errors, corrections Or changes on any docunl~fj , sIgnatory of the bid, Bidd(;rs will not be allowed to modify their bids after the designated openiir TH IS IS TO BE SIGNED AND RETURNED WITH YOUR BID The enclosed (or attached) bid in response to Invitation No. 3000507 ure a firm offer, as 11-2-205 of the Code of Georgia (Georgia Laws 1962 pages 156" 178), by the undersigned open tor ;\cceptance for a period of ninety calendar days from the date of the op~ning invitation for bids. The terms, conditions, and other limitations of the invitation for bids are iRI\-l'S NAME-AND ADDRESS (Street, City, State & Zip Code, Type or print)' u__._____ ~uiEA C6i5E.ANDYiXEPHONE NO . . ----- I L.__.___~. _.__._"._,,_ I SICJNER'S NAME AND TITLE (Type or Print): l___. __'__,__,._ n '_'_'''__'_'_'__'_ ._._______,____~_.~___"" _'_.,.._,_,.. __,.. Page 2 of 28 Invitation No. 3000507 PRICE SCHEDULE ITEM COMMODITIES OR SERVICES NUMBER UNIT UNIT AMOUNT NO. OF PRICE UNITS 1. Compressor System, Tandem Axle Trailer q1,C;;Dl Mounted, 6000-PSI Service wit~ equipment complete, installed and ready to operate, and in accordance with enclosed Minimum Technical ~1861 9:J.~5J1- Specifications. 1 Each NOTE 1 - MANUALS: THE SUCCESSFUL BIDDER IS TO INCLUDE THE FOLLOWING MANUALS IN BINDERS WITH THE ORDER: A. Factory Shop Repair Manual, including specific manual for each major component, i.e., engine, transmission, and rear axle - furnish only two (2) manuals for each Item Number bid (not per unit). B. Factory Shop Parts Manual- furnish only two (2) manuals for each ltem Number bid (not per unit). -*c. Operator's Manual and Warranty Booklet - one (1) per vehicle; plus three (3) additional for Item Number bid, (not per vehicle). (Internal use only: PR 156139 for 1 each.) End Price Schedule. Page 3 of 28 I' , Hf !I!E F' ICIf IF''f.='E''::,c:,CIF'':, Ii 1,1.!i Invitation No. 3000507 GENERAL TERMS AND CONDITIONS I. Bidder must check applicable blank below: Bidder affilTos that specifications are exactly met: Yes No i\NY DEVIATION FROM SPECIFICATIONS MUST BE COMPLETELY EXPLAINED BIDDER. Bidder will explain an exact particular where bid does not meet exactly the specifi(:ationif"N9\'1~'!:~~~~,g:, abDve, " '.,' '....',",','.." IT I, DELIVERY: Delivery is required within ..J!Q... calendar days after receipt of order. time will be considered provided it is so gtated, DeKalb County, Georgia 1300 Commerce Djv~ Decatur, Georgia 30030 (Bidder state number of calendar days for delivery) I' , v .TERMINATION OF CONTRACT: The County may unilaterally temlinatc this contract;i the County's convenience, or because offailure of the contractor to fulfill the contract \I, AYV ARO~: DeKalb County reserves the right to make no award, multiple awards, one whatever the County deems to be in Its best interest. VI The unites) to be purchased is/are for the exclusive use of DeKalb County. shownpnthe "Manuf."\cturer's Statement of Origin for First Assignment and Fonn MV -I (IvlV _2)": Page 4 of 28 GENERAL TERMS AN ...CONDlTIONS, (Continued) VII.~WARRANTY AND EXTENDED WARRANTY - ITEM NO.1: ?J'\A.\VARRANTY AND/OR GUARANTY; the bidder will state below or will furnish a separate letter attllchment which fully explains the conditions of Warranty and/or Guaranty. If no Warranty and/or Gqaranty is applicable, it must be so stated. NOTE: FAILURE TO RESPOND TO THE REQUIREMENTS OF THIS PARAGRAPH MAY RESULT IN THE BID BEING UNCONSIDERED. t.J (}C ra.~i \~ \ 'j~( -Q-rb\M ~ ~.Jt Invitation No. 3000507 B. Bidder will indicate below items included in the STANDARD WARRANTY: ITEM I. Engine 2. Transmission 3. Axle and Suspensions 4. Frame and Steering 5. Compressor Purification Storage Sys. 6. Compressor 7. Brakes 8. Water Pump 9. Other (Bidder State): TIME MILES C. Bidder will indicate below items included in the EXTENDED WARRANTY: COST, IF APPLICABLE ITEM I. Engine 2. Transmission 3. Axle and Suspensions 4, Frame and Steering 5. Compressor Purification 6. Compressor 7, Brakes 8. Water Pump 9. Other (Bidder State) TIME MILES D. Bidder will indicate below any Extended Warranty beyond that listed above: E. NOTE: Any omission of items in the above listings does not, in any way, relieve the bidder of any requirements in these Standard or Extended Warranties. Page 5 of 28 Invitation No. 3000507 GENERAL TERMS AND CONDITIONS, (Continued) VIII,'~'Bidder should have a local source which stocks repair and replacement parts and repair s~rvice facilities for the unites) bid upon. Bidder must state below the exact nearest location where parts and repair servIce will be available for unites) offered in this bid, (\{~'~~ (t~r ~1:")Rwt~ - C~OJ\\)~~ ~) IX.{- Bidder is required to insert in the spaces provided on the "Minimum Technical Specifications" sheet(s) appropriate and specific detail describing the technically related information identified with the unites) bidder proposes to furnish. State if equipment meets requirements; if not state exact difference (or if not available), Attach additional pages if required, with clear references to pages, sections, and requirement numbers. X. If the bidder proposes to modify a product so as to make it conform to the requirements of the Invitation to Bid, bidder shall include in the bid a clear description of such proposed modifications and clearly mark any descriptive material to show the proposed modifications. XI. George E. Smith, Associate Director Fleet Maintenance Division, DeKalb County Public Works Department, or his delegated representative, is the designated and authorized agent for performing the supervision, acceptance of work detail, and other operational features for DeKalb County, XII. TORT IMMUNITY: No officer, employee, or agent of the County acting within the scope ofhis/her employment or function shall be held personally liable in tort or named as a defendant in any action for injury or damage suffered as a result of any act, event, or failure to act. ~ /;; xm.j., In the event DeKalb County determines to purchase additional vehicles prior to end of the Model Year, bidder ~\'- indicate below if the County may purchase these units at the same price, terms, and conditions stated in this bid: Yes~ No If"Yes," state below date to which such an option could be exercised: -D~<- \ :4 00 b XIV, SILENCE OF SPECIFICATIONS: The apparent silence of this specification and any supplemental specifications as to any details or the omission from it of a 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 this specification shall be made upon the basis of this statement, with County interpretation to prevail. Page 6 of 28 Invitation No. 3000507 GENERAL TERMS AND CONDITIONS, (Continued) xv. --ULITERATURE: BIDD,ER IS, REQUIRED, TO FURNISH, WITH THIS BID, LITERATURE DESCRIBING IN ~DET AILS THE ITEM(S) BEING OFFERED. FAILURE TO FURNISH THIS LITERATURE MAY RESULT IN THE BID BEING UNCONSIDERED. XVI. OPEN RECORDS ACT: Without regard to any designation made by the person or entity making a submission, DeKalb County considers all information submitted in response to this Invitation to be public record that will be disclosed upon request pursuant to the Georgia Open Records Act, O.C.G.A. S 50~18~7~ et seq., without consulting or contacting the person or entity making the submission, unless a court order is presented with the submission. You may wish to consult an attorney or obtain legal advice prior to making a submission. XVII. Bidder is cautioned to make his bid complete and to furnish all information and detail required by these specifications. Failure to comply may result in the bid being unconsidered due to incompleteness. XVIII. This Invitation to Bid consists of ~pages; FAILURE TO RETURN ALL PAGES IN CORRECT NUMERICAL ORDER MA Y RESULT IN BID BEING UNCONSIDERED End General Terms and Conditions. Page 7 of 28 1.:F'l;'. \:: ',>[n,II:, 1 iJ: t:1'jIIF F' (111'1F'F'E'c-~'=rIF" ! II,; JI MINIMUM TECHNICALS, PE,CIF'J.C)'.' TANDEM AXLE TRAILER MOUNl'~DC()", ',.".." 6000-PSI SERVICE WITHEQUIPMEN.T hem No. I Vehicle must comply with Federal and State Jaws, regulations, and NFPA 1901-)Q date of delivery concernmg automotive equipment and conditions and shall be~q, equipment and all extra equipment as specified, Bidder shall fill in the followingj vehicle offered, MINIMUM REQUIREMENTS I INTENTIONS ) "". AND WORKMANSHIP design of the. apparatus must embody the latest approved engineering practices 1"heworkmanship must be the highest quality in its respective fielq. Special consideration shall be given to the following points: a), Accessibility to various areas requiring periodic b). Ease of operation c). Sytnriletrical proportions ;01l.s1l]cticm must be rugged and ample safety factors mustb~: C~~lOilds as specified and to meet both On and off road req.JJ.i.:eti1'~f)1~ 'spe~dasset forth under "Performance Test and Requirements", ' A. INTENT OF SPECfFICA TrONS I. This specification is for a mobile, dual drive SCBA fill system that meets Or exceeds the requirements of CGA Pamphlet G-7, Compressed Air fOr I'Iuman Respiration, the requirements of ANSI/CGA g-7.I, Commodity Specification tor Air, Grade E, and all other recognized standards for respirable air. 2. The complete system shall be built by the same manufacturer and comprised of a high-pressure compressor with two prime mOvers, purification system, system control panel, storage system, fill station and a highway rated trailer. No Exception 3, The station shall be designed for a maximum working pressure of PSIG. All equipment shall be new and of current design and 4, Each bid shall be accompanied by a set of "Contractor's Specifications"" consisting of a detailed description of the apparatus and equipment proposed and to whIch the apparatus fumished under contract must confoml. Computer nm-offsheets are not acceptable as descriptive literature. 5. The specifications shall indicate size, type model and make of all component parts and equipment 3. Page 8 of 28 l~jF'F'-l ::::-21]06 1lJ : 33 BAUEF' Ci'::If'lF'FE:;~:::;[IF,,:::; I tJC . "c-r--=, ,-,e r-. I -..' I '='-_' I 1041 F'. 1 C}~"3 MINIMUM REQUIREMENTS Invitation, No. 3000SG"'~:. ,:I> . ,.~,~~V\:J '...i~(Hlel\ ~ ,..,..% 31U~Page9of28 C. TESTS AND DOCUMENTA nON 1. The manufacturer prior to shipment shall test all systems. , "...,'.",' 2. A copy of all manufacturers' test reports shall accompanytheapparattl~:~f"'" delivery. 3, A documentation package shall be supplied with the mobile COmpressor system. 4. The documentation package shall include, warranty infolmation and a start-up/warranty registration fonn. 5. A manufacturer's nameplate shall be securely affixed to all major modul~i; lria conspicuous location. ", 6. ADequipment shall be new and of current tested design and manufacture,' 7. ' " Prior to shipment, the manufacturer shall test the complete system inCluding the tilling station as an assembled unit. '8. The breathing air system shall be tested for compliance to specification. 9, The successful bidder shall furnish a weight certification Showing weight ontheeye of the hitch and the front/rear axles, and tbe total weight of the ;:J':(jmpleted apparatus at the time o~ delivery. {.kt ~. k5 t~ ;,:", TO MEET TESTS ~ \1 d\ q<<t 1 qva, I( t> ttr ,.'In the event the apparatus fails to meet the test requirements of these specifications on the first trial, a second trial may be made at the option of the bidder within thirty (30) days of the date of the first trials. Such trials shill] be floal and conclusive and failure to comply with these requirements shall be cause for rejection. ..\,'r'cr;mission to keep and/or store the apparatus in any building owned or . {.Q'gC)Jpied by the purchaser shall not Constitute acceptance of same, ",.,"'. ~PPARATUS FAMILIARIZATION ,:;,,1);, After delivery, a factory representative shall be present to familiarize ,<: personnel with the basic operation of the apparatus components. ':;~i"~:' ,A~tructured four~hour minimum program covering proper operation .""',, i~qIu~ing the Generator, Air Compressor, Cascade and Filling System ponents. ~J~iqq~r"agrees to allow a fire department representative to videotap~ ~tructionaJ presentation for future reference. ' 'IONS TO SPECIFICATIONS "Qnsmaybe considered) provided they are fully explained ona page entitled "EXCEPTIONS TO SPECIFICATIONS." ftx;~~ptiPt'1s<shall be listed by page and paragraph. ~,':-Ft..\.i~!ur~ to denote exceptions in the above manner shall result in ,df~li~hjd, In addition a general statement taking '.'TOT AL '<'1;P;tl~~.s.~~ciflcations shall result in the rejection of the bid. E:HIIE F' ':I]r,lFPE'::,''::;CIF'c, it jl , MINIMUM REQUIREMENTS II TRAILER A. COMPONENTS 1. 8,000 Ibs GYWR ') Dual 4,000 pound capacity Torf1ex axles 3 6J wheels with ST 225/75 R15 radial tires, load range D 4, Lever actuated parking brake for front axle 5 Hydraulic surge brake 6, Tongue jack with swivel wheel 7, Standard 3" Lunette Eye Hitch 8, Satety chains 9. Fenders shall be covered with NFP A compliant 118" treadplate 10. Tool & Wheel chock storage compartment shall be located adjacent fenders both on the right and left side. 11: Front and rear step area shall be covered with NFP A compliant 1/8" system tie downs, one on each Comer of the trailer frame trailer dimensions shall be: Overall length 199" (including hitch) Width 86~" (Fender to Fender) required lights shall be Truck-Lite LEDs Stop/Turn/Tail to be LED 44202R, two at rear above bumper and two high in upper rear comers of the enclosure Clearance, Side Marker and Identification lights to be LED 30075, five front, six On the sides and five on the rear Tag light to be LED 15040 Lights to he protected by branch guards or recessing into body All rear lights to be fully visible 1\ seven~pin electrical connection with coiled pigtail shall be provided for hook-up to the tow vehicle . :~v ;'\ \:;:;,< ' f), ,;,'(!j; ~:;~NCLOSURE .,ft1-ti~. components shall be sheltered from the elements by a weather ,r~~i~~~vtenClosure . .Ep;glpsYl'eshalJbe fabricated from 14 gauge sheet metal '~elS~}?~llbe opened during the operation of the ',vel1ti~ation of the enclosure and equipment .r~shillt b~keyed the same as the rear Rom roll-upclo()r. .:~i~~~i-Swjll be discussed at the pre-construction conference. A,pprdi&i:mateoutside dimensions of enclosure shall be; ~): Length 140" b), Width 63" ~).il-J;~feht. ..19" 'A-$GDBA$tQra~efd:YJ< integrated within the enclosure shall.be pr()viti~j , , . 9'l~~~Jeit2S0BA one hour rated cylinders. The cylinderracW'u J~P.~~t9,;pp~vent cylinder damage ,it,T@BTING isltalldilistallfour (4) 12.volt lights strategically located withinthe Page 10 of28 . j: f:\PF'-l :=:--2 C-) [1 E, 1l]: 33 BRUER C1Jf'IPRE:::;':::;[IF,,=; I t~c . 757 8~7 1041 P.1229 -t. "', MINIMUM REQUIREMENTS 2. III AIR SYSTEM A. SCBAFILL SYSTEM L "-""'J;, '-. ";,;::~;' ,; ",;',"';'; :"f".-,.-:_" . f.; e CBA fiB system shall consist oftne 0 aj.' High pressure compressor ~), Twoprime movers provided with separate control circuits .'.".,., ,q~..\Pltriiicf1tion system "/::~~~\~,~stelll,.coIltrol panel '>"~); ''$~t'''iTagesystern ~~,.,.,., ,Aitcqntrol' panel '~~~'.~qlle()mpressor instrumentation complete with a gauge for eaC ","'.Gfc.ompression, nn oil pressure gauge and hounneter ';h::;'(jh/off switch for each prime mOver "power on light (electric circuit energized) ,Qpe;rationsand fill station panel lights for nighttime iIluminatlcm Maximum air pressure switch (start/stop for electric, speed reducti-oii: for diesel) . Compressor shall be equipped with a low oil pressure and high temperature shutdown switches and indicator lights '111J.];)iesel engine shall be equipped with Jow oil pressure, high . '.>t-yp;l'p~((lJ:ure and over-speed shutdown switches with a Common \.'vaming light ' ;P~~ssu~emaintaining valve Inlct filter restriction indicator for both the diesel engine and compresSor PL\.Itomatic condensate drain complete with combination $~pat;ator/muffler, drain solenoid timer, condensate reselyoir, level' swi~cJ1 and drain hose ' 'rus@ electronic purification system monitor with shutdown, " eption , 1~ctrol1ic carbon monoxide monitor complete with airregllla,tiqtj .panyl , , , ,;' . ' Carbon monoxide monitor calibration kit including 20 pprn Oa.ses T\vopositionNFPA compliant containment type fill sta.tiotr';; '..". .'lt~\;)fillho~escqmpJete with bleed valves l;}nd SCBAflllad',' 'l',}l);'~~ilr!~~~~~titl~s,panet roller shutter door ' ,....,',f.~~..:iI$tfietgtmbystQP switch "~~:'Four(4}ASME: air storage cylinders with dual functioncasoade ". , controlsoper.able by a single valve per bank :~SSOR PURIFICATION STORAGE SYSTEM Page 11 of 28 :,' '\'~~i .-.--",;-:.--_.,.' ; .';,..1 i~:iIIFr; n'II'1F'F'E'=,'.:XIF"::; I! Iln MINIMUM REQUIREMENTS ] . The complete compressor/purification/storage system shaU be a steel frame bolted to the trailer's steel frame. 2. The system shall be completely enclosed in a weatherresistant 3. The enclosure shall proviqe access panels for operating. servicing and routine maintenance, 4. All control valves, gauges and warning indicators necessary for the operation and control of the system shall be mounted readily accessible and visible to the operator 5, A 1I shutdowns and abnonnaI functions of the compressor Or system shall be immediately indicated by fault lamps and auqible 6. The compressor shall be designed for ambient operating temperatures between 4Q"F and 1150 I F cylinders shall be of cast iron construction with deep cooling external slIrface for optimum heat dissipation shall be arranged in a dynamically balanced, opposed "X" configuration with each cylinder located directly cooling fan's blast The cylinderS shall be removable from the crankcase. The compressor's flywheel shall he cast iron. Amulti-wing, high velocity cooling fan shall be integral The fan wings shall be replaceable. An intercooler shall be provided after each stage aftercooler shall be provided after the final stage C. COMPRESSOR I. Air system shall be supplied with interconnecting wiring hamess, manufactured by Bauer Compressors. No Exception 2. The compressor shall be an air-c.ooled, oil lubricated. five stage, four cylinder, single acting, reciprocating compressor. The second and fourth stage of compression shaH share one common stepped cylinder, The crankcase shal! be cast of a high strength, aluminum alloy The crankshaft shall be of a single piece forged steel construction, and supported in the crankcase by three long-life roller bearings. The connecting rods shall be of single piece design and constructed of a high strength aluminum alloy Each connecting rod shall incorporate a roller bearing at the crank needle bearing on the pin end. 8. The pistons shall be constructed of an aluminum alloy. 9. Piston rings on the first through fourth stage are of cast iron; fifth stage rings shall be of a high strength polymide. .' ,10, The final stage shall incorporate a ringed, free-floating, aluminum which is driven by a guide piston and the previous stage's discharge Page 12 of28 C:{l=',r;,- 1. :::;-, ,2Cll::1t:, 1 C1 :34 BRUEF' Cm'lPRE'=i::;DF"::; I HC . 757 857 1041 P.1429 t> MINIMUM REQUIREl\mNTS , -'.,.., 18. The coolers ,hall be indi vidually delaChabl~ll11m.l~~.<id\lli;~~~;. directly in the cooling fan's blast and made ofstaihlf~ssre.et .,'.,.",., ,'..,',',' 19. The aftercooler shall be designed to cool the discharge aIr iowithip18!?F ' of ambient temperature. 20. A cool-down cycle shall not be required prior to stopping thecQmpressor. ' 21. A separator shall be supplied after the second andthirdstag~sof compression, and a coalescing separator shall be supplied at the diSCharge of the compressor. 22. An automatic condensate drain (A.C.D.) system shall be supplied foraH of the separators. 23. The drain solenoid shal] be controlled by the Prognimable Logic Controller (PLC) and factory preset to drain the separators approximately every fifteen Tl1inutes for approximately six seconds. 24 The A.C.D. system shall unload the compressor On shutdown tor unloaded restart. 25, An exhaust muffler and condensate reservoir shall be supplied. The cOl)densate reservoir shall have a high liquid level indication system to provide system shutdown and to alert the operator that the condensate 'reservoir is at capacity. The operator shall be alerted that the reservoir is at capacity via a visual ...:/ifldicatQr light and equipment shutdown ..p;?~,NfhnuaHy operated valves shall be supplied to override the automatic ";i;:)p~ration of the A.CD. system for test and maintenance purposes. The compressor shaH be lubricated by a combination splash and low pressure'lubrication system. 'The final stage of compression shall be lubricated by a pressurized circuit. The pressure lubrication circuit shall include a positive hlcement oil pump, gear driven by the crankshaft, and a nOnL table oil pressure regulator and full flow replaceable oil filter. . her stages and the driving gear shall be splash lubricated. " ",~igl'tlYVisibJe sight glass shall be included to check the oil level. .3',4"Th~;qildrnill for the compressor shall be piped to the outside of the frame. $(:1.i;'~&i~.''Co1i)pressor shall be equipped with an inlet filter with replaceable . P\1r~icuIQtedements and fitted with a maintenance indicator. E;S (.,~ri.ye'belts shan be equipped with SeJf~teIlsioning ~~~ten$ioning device shall be provided that precludes the j irig'the compressor or both primary movers. $ic~{t,~l~rpulley is equipped with a recess for a W' drive tool . the itners. Aqdi'(illhallya unique retainer pin shall be provided to enable ' .'i'l1position tnovers shall be as follows: ' ' ,'~.. Motor <rhesY1item shaH be equipped with a 20 Hp, 230 or 460 y /3 :what;eI60 Hz ODP electric motor Page 13 of28 1 ::~': F:~jUFT' 11111F'FF=,'::,CiF"=, II1I 'l\:: .11 L-l.1 \; 2) Magnetic. starteI'Yfit~i~verl~~~pr~t~~V!9~~~d:~~#tl~llf~s~t 3) Coutrol voltage transformer with fuse ' b) Dies.el J;!~gitl~ . ..'. ',. . . .. ,'.' ",< ]) The syst~m shall be equippedwith a Mi!subishi watert;QQ!ed37 HP diesel engine 2) Electric start, 12 volt D.C. 3) Fuel filter with priming pump and sediment bow 4) Oil filter 5) Alternator 50 amp 6) Voltmeter 7) Hounneter 8) Speed control solenoid 9) Electric clutch 10) Inlet filter, replaceable element type 11) l3-ga.llon fuel tank with fuel gauge 12) Battery and enclosure 13) Exhaust cowl muffler with integral spark arrestor 14) Engine exhaust piped to the curb side of the trailer in front of the wheels Page 14 of28 ELECTRICAL CONTROLS 1. The control panel shall include an across-the-line magnetic motor fused transfoill1er and PLC controller 2, The electrical panel installed in an enclosure built in compliance to UL's Industrial Control Panel Custom Builders Program, UL S08A, and shall be affixed with a U.L. label. 3, The Programmable Logic Controller (PLC) compressor control system shall consist ora programmable logic controller for the monitoring, protection and control of compressor system, 4. Control panel shall include the following: a). A NEMA 4 enclosure b), Engine start switch c). On / off selector switch d). Emergency Stop e), Warning and alarm indicator lights I) All lamps shall be as a minimum 22 mm diameter 2) Lamp test function 3) Lamps shall flash code faults and wamings f). Run timer set at 5 hours g), Final separator discharge event Counter warning Dnd 11), Full support of $ECURUS warning and alann functions i). CO monitor alarm functions j} Motor overload alarm k). UL listed panel 1). Compressor hourmeter m). Engine bourmeter n). DC bus voltmeter t"iF'F'~~ 1 :=:-.~CjC16 1 C1 :35 BAUER COMPRESSORS INC. 757 :=:::";' HJ4 J F' _ 1 '::':;'''3 P:O}VE:R &: BATTERY CHARGER etraners.y~temshall be provided with a 2S'-foot shore power cable: ' tljecpl'l~~hall be.no less than a #4/4-conductor SO type. Thec,;ible shall be hard wired into the trailers NEMA 4 electrical enclosure nnd shaH be rated for 230 volt 3-phase 60 amp sel-vice; c).\~heeablewhen not in use shall be stowed j list inside the syst6Hl, \:i:/':(enclosul'eon tne curbside of the trailer system on a two-pinhQldi~" '.,.',".,.'"" on the tlootora 6" arch if on a wall. , ,"',.' '. The trailer systernshall be provided with an onboard battery chargil!i!!f system; Guest Mode/2611-I-B a). The system shall be hard wired into the trailer systems NEMA 4 electric enclosure and shall provide a Constant source of trickle qharging for the diesel engines battery. "':~D:,@harger shall provide a maximum of 10 amps of poweratJ2-voJ~~L '. 'i'fhe battery charging system shall operate off ofa 120-voltele~t; . Page 150[28 ~,' 6. ~/7. ,...-/. ':>p./ ,. 0), Line power fuses with bl()wnfusejl~di./' p). Control power fuses with bloWn fus~r q). A 20-ft pOWer cable with lockable discortfl.~:> r). Green AC pOwer lamp<>'i;;~-i' (,/5, Two (2) nonresettable hourrneters shall be supplJedto re'c of compressor and diesel operation hours. The hourmeters shall be installed in the instr!lm~ntp~~e~'.;<> The compressor oil pressure shall be monitored by a pressure sWi~clf' pressure gauge installed locally on the compresSor; , .", " . ,,' ,; The compressor shall shut down and a fault codewiU flashshol.lldtlle compressor's oil pressure drop below the factory preset Yalu~ during operation, 9 The oil preSSure switch shall be by-passed during statt~up,topermitttf pump to achieve the nonnal operating pressure. f 0, A temperature switch shall be supplied on the final stage head of the compressor.".. The compressor shall shutdown and a fault lightcodewiHJlasll,.s~ " finaJ stage discharge temperature exceed the tamper~pro()fsetpbiri.t,G.', qperation. Low oil pressure and high-pressure air shutdown switches shall be equipped with DIN type connectors. An oflhe wiring shall be color coded and enclosed within a split COlTugated tyPe loom. . Each wire end connection shall be machine crimped. Amber warning lamp (LED),and red alarm lamp (LEO) shall be provid~d/ " , " to:;lnnunciate a flash code. , wamingsand ten separate alarms shaH be displayed. ~lllt light shall be installed on the instrument panel and shall beLEl) ';~~~falld be red in color. l3a~hfault light shan be labeled with an engraved nameplate andfaste.q, ~{tfistainless steel screws. .'1 II Ii j: [I!UF f, 'CIf'lFPE':,':::,c:JF"::, J! Ii il MINIMUM REQUIREMENTS lu",itl'ltion No. 3000B07 circuit, via a step down transformer that is systems NEMA 4 electrical enclosure, cable is connected to an outside source G PURIFICA TI0N SYSTEM 3, The purification system shall purify high pressure air to a quality that meets or exceeds the requirements of CGA Pamphlet G-7, Air for Human Respiration. ANSIICGA G-7.1, Commodity for Air, Grade E, and all other recognized standards for 4, Purification shall be achieved by mechanical separation of and water droplets, adsorption of vaporous water by a desiccant, adsorption of oil vapor and elimination of noxious odors by activated carbon and conversion of carbon monoxide to respirable levels of carbon dioxide by catalyst. a), The high pressure purification chambers shall have a working pressure of 6000 PSIG. b). The purification system shall utilize replaceable cartridges, c), Th~ purification system shall process 150,000 cubic feet of air to purification cartridge replacement. c1) The puritlcation system shall be designed so that the the cartridges can be accomplished without disconnecting system plpmg e). The design of the chambers shall preclude the possibility of the system without cartridges installed or with improperly cartridges, t). Each purification cartridge shall be constructed utilizing an aluminum shell to inhibit corrosion. g), A bleed valve shall be provided to vent the purification system to facilitate replacing the cartridges. A pressure maintaining valve and a check valve shall be supplied of the purification system to increase the efficiency of system by maintaining a positive back pressure. valve shall be supplied between the coalescing separator cQrtlpres$or'sdischarge line and the purification system to positive pressure in the purification system when the compressor shuts downstream of the pressure maintaining valve 2003 edition compliant to provide an air sample for purification system shall include a Securus@2 Electronic Moist\iTe, System. a). A sensor shall be located in the Securus pUJ;ifier cartridge monitoring of moisture levels. A display module shall be supplied to indicate the status of the Page 160[28 f--1-r=';:'- 3_ :=:-<~~CK:::~t:. 1[1:35 BRUEF' C[Jr"lF'RE~:/:;[JPS I t~c . ':Ie:-" '-'C:-r:-r I '_-' I '=1._.' r 117141 F'. 1 ::::29 MINIMUM REQUIREMENTS ~ Securus cartridge. . ",., ,c). SecllnJS system shall warn the operator, in advaIi&e:j;~ expiration of the Securus cartridge. ,',.',.. d). The compressor shall shut down automaticallysh4' fail to change the Securus cartridge within tne\Vatn'j e). The compressor shall not be capable of restaftinguin cartridge is replaced with a new one. .'.',.. ",'".',',.". '.. f). The moisture monitoring system shall be ofa fail-safe design. SR the electrical COntact between the display module and sensor be disconnected, an immediate fault shut down shall be affected. 8. For absolute safety and highest quality breathing air. no manual ov~iliI sqall be supplied for the moisture monitor. )Jth~unitsh~IJbe equipped with an eJectronic carbon monoxide ' ')ilqpitoring~yste.m. a). Thesysrem shaH be des'igned to provide continuous morHtofi, carbon monoxide levels in the processed breathing air andsh~l the. compressor system down if the monitor detects tmceelemeflt~ carbon monoxide in excess of lO ppm. Along with system.shU'ta~ thepaneJ mounted fault indicator shall illuminate upon higbGtt, The instruments electronics shall be encased within a NEMA4M;' polycarbonale enclosure. ' The ease is corrosion resistant, positively pressurized by the compressor air supply line, and sealed except for a bleed hole to exhaust the compressor's processed air. The unit shall operate on system voltage. Along with a built in flow meter, the system shall include an illuminated display and internal switches to check the system circuitry. There shall be no calibration adju.stments or controls as the system functions ate managed by the system microprocessor. The chemical cell shall have a life expectancy of approximately 2 to)c. years with a calibration period recommendation of every 30-days. ~S:rE~'CALIBRATION '}']~,~t,system shall include two cylinders of test gas; 20-ppm carbon ,.J, ",~i<ieand zero test gas and regulator. ,/ "unirsh~HautomaticalJy calibrate itself and display a message "CO <:1 , S'9Wir\dicating that the CO adjustment has been set for 20-ppm. '" ?':;~ESYSTEM ,~:.irstorag.sy..em shall include four high pressure, ASME code. ...,. f#jl~'pe4yes/;eJ$. The vessels shall be mounted inside the trailerenclosur~ '. . ',." @vi.?ontaLconfiguration in such a way that they are accessible f~t ~j;c,ih'sp6;lehon. :' '. ,,' ,. ,',"~seJ,'is~illlbe fabricated and stamped in accordance with Section, YWIloftlleAS1l-.4-E.code for unfired pressure vessels. Each vessel shall h~y,efJ.qapacityQJ;491 cu ft at 6000 PSI and a safety factor Of 3: 1. ;-.t"lihq.irstoragecYIinders shall be dual function cascade controls opet.l~l.e Page 17 of28 i--d-':'f, I [:f:'UEE' '=I=li'lF'F'f='=:=,I=IF"~ 1 MINIMUM REQUIREMENTS by smgle valve per bank, 4. Each pressure vessel wjJl have an indicating i?ressure g~uge. 5, High pressure valves shall be provided on the bottom ofea.ch vessettp faei !itate the safe bleed of air from the vessel. 6, The steel base shall be provided to protect the valves and the bpenitor from discharge from the valves. I. AIR CONTROL PANEL 1. Furnish and install one (1) Air Control Panel with the following: a), One (I) 12 volt, lighting fixture for nighttime operation b), Four air storage bank gauges c), Four bank cascade controls with storage bypass valve to facilitate filling the SCHAs directly from the compressor d), A remote fill port and valve with CGA connection It), A system air direction valve shall be provided to allow the system operator to select "filling from storage" or "tilling from the compressor" f). Engine controls (keyed on/off switch and engine fault light) 2, R.oller shutter door to protect the system controls from road debris inolement weather J.1t'WO POSITION CONT AfNMENT FILL STATION A front-loading, two position containment type fill station shall be provided and located at the rear of the trailer. 2, The fill stattOn shall be built and tested to conform to NFP A 190 I, 2003 Edition the fill station shall totally enclose the SCBA cylinders during the refilling process, 4 The fill station will vent the expanding air away from the operator and contain the fr-agmcnts of a ruptured cylinder in the unlikely event of a bottle failure while being filled. The fill station's outer enclosure and door assemblies shall be 6f\form~dy.. inch thick plate steel. \!pnting inthe bottom of the fill station shall allow the rapidly ex:partdJ a;ir from it Juptured cylinder to escape from the fill station. The fill station shall be ergonomically designed for maximum operator convenience and safety for refilling cylinders. 8. The fill station door and cylinder holder assembly shall tilt out tow~~ 89 degrees, providing unobstructed access to the cylindef< .' unload the cylinders. No Exception and gas spring shocks shall be incorporated into~9(: , Station to assist the operator in opening and closingtli~ d6or, It shall take no more than approximately eighteen pounds Or close the fill station door. 11, Each cylinder holder shall be lined to prevent scuffing the the SCBA cylinders. For complete operator protection, the ~llall inc.lude a safety interlock system that will prevent Page 180[28 Ii ;,j c-:F'F'- U::: <,'CJC1CLi]: ::-:7 BRUEF' CCIt'lF'F'ES'=;C1F:~; I ~K . 757 :.=:':;7 1 C141 F' . 202'3 ~ cyl inders unlesstHelinst~~it;m"d(}Pr;$cf~~~~,~~,i~' position. 12, The autorrlati<Zinte1110C~'ril1 require no <acttt~tt9P(.jfi,seeo9dary latching mechanism onthe()lit~itje~ofthe fills~ation. 13. Two fill .statjoflhos~..vhipsshaUbe!qcated withinthe!iJ)station.. 14, The fill station fill Whip(s) shall have a bJeedvalve andt~rmina~pina high-pressure 4,500 psi;CGA-347 threaqed SaBA CPllnectors. 15. Whips shall be capable OffiIling both SCBA and SCUBA cylinders. 16 Each tll/ hose shall be equipped with a bleed valve and SCBA till adapter of choice. 17. Fill hose retainers shall be provided to anchor the fill hoses when not in USe, 18. A fill control panel shall be installed on the front of the fill station. 19. The control panel shall be factory piped and designed to fill,twoiSQait:'\:'dYc SCUBA cylinders, up to :30" in length, either independently or simultaneously. 20, The Control panel shall include the following: a), fnlet pressure gauge b). Adjustable pressure regulator c) Regulated pressure gauge d). Two (2) fill control valves e). Two(2) fin pressure gauges [), One (I) relief valve for regulated fill pressure .. . /"~', .. ,:;;' . ;'c.:: ::-:,.':,,'\'. MINIMUM RIl;Q;tJlRF;MENTS : ',,;:i~.. "." " l'olk" fA .. . In ttle '01:: .. eb 5;' -;":,.'??\,':i';::/':'::,:;:_,,__,- ;:~i:"'::~>/'/':;"""'" . Page 19 of28 K. HIGH PRESSURE HOSE REEL I . F umish and install one (l) high pressure hose reel with spring rewind. Reel to have a remote fill hose connection including adjusta.ble reguhUbt for up to 6000-psi service, panel mounted pressure gauge and operations panel mounted service valve connected to a cabinet enclosed hose reel 2. The 75-feet of hose rated for 6000 psi.shall be gray. 3. Hose shall have a molded plastic ball clamp to stop hose at 4-way roller 4 Furnish adaptor for refilling SCUBA tanks. L. TELESCOPIN'G LIGHT MAST 1. Ftll11ish andJnstall one (l) telescoping light mast as follows: a), One (1) pneumatica.lly telescoping light mast with integral system. b), The light mast shall be capable of telescoping 15-ft and fOllr (4)500~watt quartz lights on a removable base. c). The base is capable of being removed without the 2, All controls for the light mast and quartz lights shaH be located on the compressor operations panel. GENERATOR I. An onboard generating system shall be provided that will kw fr-ti, CkLc - D€\{~~l0 trOt .lflf MINIMUM REQUIREMENTS Invitation No. 3000507 2. The power produced shall be sufficient to support the light mast plus four (4) additional lIS-volt receptacles integrated onto the generator. 3. The generator shall be belt driven and shall automatically increase diesel engine rpm when the light mast equipped lights are turned on or the receptacles are being used. 4. Automatic high idle switch shall be incorporated within the generator access door that will increase the engine rpm whenever the door is opened or auxiliaI( refeptacles are being used. I~ JvO.~ ',r- t' t -e... NJf:DATA PLATE AND PD\CARDS & WARNINGS ] . A permanent data plate shall be affixed in the interior compartment in adjacent to the diesel generator motor specifying the quantity and type of the following fluids used in the completed vehicle when equipped with the specified component. a). Engine Oil b). Engine Coolant c). Generator system lubricant 2, Placard - "Open all doors when operating generator & compressor" 3. Warning - "Maximum towing speed of 55 MPH" shall affix to the outside of the trailer on the left fender facing the driver position. o-EFLECTIVE LETTERING, STRIPING & PAINT " ] . Striping shall be placed up to 60" above ground level and shall conform to NFP A reflectivity requirements. At least 50% of the perimeter length of each side and width of the rear, and at least 25% of the perimeter width of the front of the vehicle shall have reflective stripe. 2. See Lettering and Striping Specification 3. Lettering matching specification shall be installed on the apparatus; layout shall be discussed at the pre-construction conference. 4. All edges shall be sealed 5. A three (3) step wash and phosphoric treatment shall be used in the preparation prior to applying the powder coat finish. The enclosure body shall be Hammer Finnish powder coated on the outside and on the inside. The paint shaUbe Cardinal Industrial Red Hammer semi gloss TOI3-RD- 15. 6. The trailer chassis and frame shall use the same process as the enclosure. The color shall be black. p,* MANDITORY EQUIPMENT 1. All equipment shall be provided by the manu~acture with brackets a). One (1)20 lb. ABC dry chemical extinguisher with Firehooks Urilimited Extinguisher bracket model EXT-H b). Two (2)Zico chock blocks model AC-44 c). One (1) Streamlight model 45107 handlight with spotlight with direct Page 20 of 28 BIDDER STATE nD A8 ~-t,./'I . . 1 (~11 RPP-18-200G 10:37 E:HUEF: CCIt'lPF'E'::i::;CIF:5 I tIC: . 7.57 ::::.57 11341 F' . 22 :~'9 tI Page 21 of28 MINIMUM REQUIREMENTS wire charger rack 2, Mounting location of the equipment shall be discussed at the preconstruction conference. End of Specifications ,'ClUe, [:':jl Jf+' IIX'lF'F'E'::;'::;CIt::'c; I I j( ~ J. " .,.' 1I1yit~ti(}ll' No~ 3000507 "1 (Pmchasmg & Contracting Form No, 7, Page: I) Rev, g,31.05 LOCAL SMALL BUSINESS ENTERPRISE, l\1INO~TYJll.JSIN)j}$$ii~N,':Jl'~~lliim!.W€>MEN BUSINESS ENTERPRISE OPPORTUNITY TR.A(J~;JN~FJ~~;', (See "EXHIBIT N') it IS the objective of the Chief Executive Officer and Board of Commissioners of DeKalbC~l practicable opportunity for all businesses to participate in the perfonnance of government cPrlli' bUSiness enterprises, minority business enterprises and women business enterprises, To aCQ-i~, ' would like to track and record with whom it does business. The fOffil attached, "Exhibit A,"r and renders services to the COUllty, Participation is defined as prime contractor, subcontraqto.-; performing work or rendering services to the County. Contractors are requested to indicate Small BUSlI1tss Enterprise, Minority Business Enterprise or Women Business rtque~ted to make a good faith effort to utilize Local Small Business Enterprises, Women Business Enterprises (hereafter named as LS/M/WBE) as subcontractors on their I, Bidder Stutement of Compliance Bidder(s)/Proposer(s) hereby state that they have read and understand the requirement~~4\ set forth in the objectives and those reasonable efforts were made to support DeKalp~, in providing the maximum practicable opportunity for the utilization of LS/MIWBE,$ i effiqient and economical performance of this contract. The Bidder and any subcot}ttlitf '.-lJ1pliance repOlis at reasonable times and intervals with the County in the form andJoU " ',' by the Director of DeKalb County Purchasing and Contracting Department Co. at such times as directed shall contain information as to the employment practiAt;t~~k~~!~~~€S'; statistics of Contractors and their subcontractors. Use of Local Small Business, Minority, and Women ~~~)'i~it"~q\Jested to submit with their Bid or Proposal the Schedule~~ iiVll,-IotityBusiness Enterprise/Women Business Enterprise Particip~~i ~sd"Exbibit A." " , Page 22 of 28 HFP-1::::-20DE. 1D: 3E: BHUER 1:::J]r'IFPES~;J]R'3 I ~jC . 757 ::':5';' 11..:141 F'.24,':;C'CCi ~ (PlJrch~sjng & COI1lTacling Fonn No, 7, Page 2) "EXHIBIT A" Jf" DEKALB COUNTY SCHEOULE OF LOCAL SMALL BUSINESS<~Ntf~~ '.",'. ENTERPRISEIWOMEN BUSINESS ENTERPRISE OPPORTUN;JTY ;\,; spr;ci!1ed ill Paragraph 2 of this Seclion, Bidders are to present the details of LSIM/WBE particlplitionbelp. pr~IM'EBl;l)DER/PRO POSER UNl1'.()fW9RK My finn, as the prime bidder on this unil ofwark, (is) _ (is not) _ a LSIMIwBE.ff please indicate be:low the portion of work (including percentage of bid amount) that YOUr. finn is a joint venture, please describe below the nllture of the joint provided by the LS/MfWBEjoint venture firm, 3. '~$/M/WBEsubcontrllclors and/or finns (including suppliers) to be utilized in cao'.bcmade in subcontraclors listed below without prior written a.pprovlIl . MBE Item Agreement Item ~:IQ',list *1ditlonoI L81M/WBE subcontractors andlor firms Page 2301'28 fl>-P 1:: ~'Ul,li= i : BIIUEF ,_ CJt'1FF'E':3'::-X::II:':":', lU..l :(>EKALB"COlJNTY CHECKLIST FORGOOD FAITH':F)FFORTS Invitation' No. 3Q00507 (Pur~h~sing & ComruClil1g form No, 7, Page 3) A bidder thut docs not meet the owner's LS/M/WBE paI1iclpe.ti~p()bjecti\iesis required todcn}p~!\tr~te reasonable "good faIth efforts." Please indicate whether any O(II1C5C actions wem taken townrtlsthjs~nd. Yes No I, Advertisement for solicitation ofLS/M/WBE il) g~lleral circulation media, trade association public:\tions, and minority-focus media, contracting opportUnities. 2 Providing written notice of LS/M/WBE that their interest in Or furnishing supplies is solicited. 3. Efforts made to divide the work for LSIMlWBE sub-contracting successful. 4. Efforts made; to '1ssist potential LSIMIWBE sub-contractors meet bondi!1g"ig '. other governmental cQntracting requirements, , Utilization of services of available minority community org<lOl~di?'{ community organizations. minority conlTactor groups Ilnd other .'! provide assistance in the recruitment and placement of LS!MIWSE, 6, Communication with the Division of Contract Compliance seeking assistAnii;e in identifying available LS/MIWBE. 7. Joint venture opportunities. 8. Other actions (specify in space below) P)e<lSce,~plaini\ny no answers (by number) , ..,;::~~,~<, Fit'ln N.ame(Please Print); finn's Officer: ,. T~.Icphone Number: R:ev..S-~ I ; 9 5. (Coniirwed) Page 24 of 28 RF'F'-1 ::::-2CJC1E::, 1D:39 BAUEF: CCIt'lF'RE':::'::;OF'S I tJC . '""1C~ ,-,c~~ I _.' I C'-_! I lCJ41 F'. ;:"f, ;:"3 1> (Purchasing & Contrn<.:ting Form No, 7,Pn1;e 4) LOCAL SMALL BUSINESS,it , ENt' In,vfttltion No., '3,()O&5'O'T " .' ., ',.' "," ":" - -~ '-:".' ,", <-"_', : _ .' '. .' .I: . -, . ,'.., :"',; ~"-'-<" ,',' , "'-" -' "," . Wf)M$N\BlJS'fNtsS I. NOJj-Dt,,,,ttril..,,..t Poll!,>, .. .; . ....... . . . . .,....... a. During the performance of this agreement, Contractor agrees to conform~o thefoHowingNon-i'D;~cri;ll'iflT~.j~;~pl:ibY adopted by the County. . b, Contractorshnltnoldiscriminale against any employee or applicant for tlmploymol)fbccause.()F, :;cx,oarionaI origin, Or disability. The Contractor will take action to ensurcthat iPPlicantsM~' , """",.,0;", (l'the employe~s arc; treated during employment without regard to their race, color, reHgiOh"sex, tl~tJp~;lI Ql'jgin, or disability. Such actiOn s~all include, but not be limited to, the following: . (I) Employment, upgrading, demotion or transfer; recruitment or recruittn~nta1:j,y,e termination; rates of payor othc;r forms ofcompc::nsation: Ilnd s~lei.?lioI1;JQ'r ", '" ,',' ',',",., , ing apprenticeship. Contractor agrees to post in conspicuous places availllbletol:mpl:qyc;ilS"'~Il;"fjpJi:~\fhlS for employment, notices to be provided setting forth provisions ofthis non-discriminati ,'.', . " (2) Contractor shall,in all solicitations or advertisements for employees placed by Or oil' '," ',. state tlIat all qualified applicants will receive consideration for employment withdut regaf;< religion. s~x, national origin, or disability. c; Without limiting the foregoing, Contrllctor shall not discriminate on the basis ofdi~abHitYJ!1tl:ll~ 10, ortrealment or empl9yment in, the programs and activities, which form lhcsubj~ct() ., .,,',' Contractor will take action to ensure that applicants for participation in slich programs andcil~!iviIie wjthout regard to disability. ,Such action shall include, but not be limited to, tht following: ,,' ,.' "" ", '.,",c', '" (J) Contractor agrees to post in conspicuous places !lvailable to participants in its pmgrari'ls~ttiji!a~,dv;itit;S notices to be provided setting forth the provisions of this non-discriminationclaqse, " ,. " . " " . (2) COl'ltrnctor shall, in all solicitations 01' advertisements for progrumsor activiti~s,wl'ljcfja the contract, state that nil qualified applicants will receive consideration for participationf disability. , 2. Com~itmcnt . the undersigned certifies that he/she has read, understands, and agrees to be bound by theb;i'cK il'lcluding the lIccompanYing Exhibits and other terms and conditions of the Invitation to Bid andieI' :f\lgat'd1flg LS/M/WBE utilization. The undersigned further certifies th:H he/she is legally authorl?: res-ponder to make the statements and representations in Exhibit A and that said statements and repre cot'rect to the best of his/her knowledge and belief. The undersigned will enter into formal LSIMlWaE(s) listed in this Exhibit A, which are deemed by the Owner to be legitimate and responsib a~I'eement(s) shall be for the work and contract with the County. The undersigned understands and st.~t~?Wllt5 and represent;j.tiotls arc made by the Bidder knowing them to be false, or if thereis~' ~1?~~r'(i;c.!.Contractor)-to jmpl~ment any of the stated agreements, inlentions, objectjyes, gpl.lls$ .,'.' }l,.withputpriofllpprovill of the County, then in any such c:vents the contractor's act orlaill.lr c~SJifi.jt~,a.li1~Herial breach of contract, entitling Ihe County to terminate the Contt'dcl t; N<;.~hil.lJb~ in addition to, and not in lieu of, any other rights and n:medies the County may !~~~Qrylri1ct. AdditiQnally, the Contractor will be subject to the Joss of any future con!ractaWIi \\5'fotT~yellr. Title .,.:,":,:.-;'- :".;;-,',': i:-,p:.. ;_",' Flrmot'GQ'J$8rii1:~:Namc Teh:phonr;: Number Adf/n:ti:;,.~~ (End P&C Fonn No.7) Page 25 of 28 HI'!-" 1:: .'Ulh, J I j: H~IUU" IJf IF'F'E':::'=:C1F":::, ] t II ' ll-I.J ~'I Purchasing und ContrJctmt;; Foml # 14 (Rev, 7.00) BRAND NAME OR TRADENAME/MA.RK1,NS'FRDC'tI(lNS If items in this Invitation to Bid have been identified, described Or referenced in theIl1yIt~~'~A;N'l'!tand name" the or Trade NamefMark description, such identification is intended to bedescriptiXf;, , w~lve, and is to indicate quality and characteristics of products that maybe offered. PrQductli(m~y~,e<>qn'siclel''{~d for award If such products arc clearly identified in the bids and are detem1ined by the County tomcc;t,its llt;edsin all resptt:ts, 2. Unless the bidder clearly indicates in his bid that he is offeringu product ofanothetryK.' ' manufacturer, his bid may be considered as offering the item exactly as referenced inth' Bid. 3, (a) If the bidder proposes to furnish another product, the Brand/Trade name, if any. of the pr()duCn(}.Q~ifyNji,s'hed shall be Inserted in the space provided in the Invitation to Bid, Or such product shall bel} 1)' identified In the bid. The evaluation of bids and the determination as to equality oftheprodll~t . 'e responsibility of the County and will be based on information furnished by the bidder aride " as well as other infomlation reasonably available to the Purchasing and Contracting Dep~rtm~l).~.e County is to be fimll, CAUTION TO BIDDERS: The Purchasing and Contracting D~panm:e.'./., Ie for locatin~ or seclIring any information w.hich is not identified in the bid and reasonailly" the Purchasing and Contracting Department. Accordingly, to insure that sufficient infonnatioll i~a.,dder must furnish as a part of his bid all descriptive material (such as cuts, illustrations, drawings,i)r ,>,i,', 'non) necessary for the Purchasing and Contracting Department to (i) determine whether the prociut:t~ffer~~'{1l~'~* li)e requirements of the Invitation to Bid and (ii) establish exaclly what the bidder proposes tOfumi' , . . , the COllnty would be binding itself to purchase by making an award. The infomlution f4mished~ ~rtfic references to information previously furnished or to information otherwise available rq 1. <and Contrat:ting Department. (b) If the bidder prClposes to modify a product so as to make it confoml to the requirements~~t~~' he shall (i) include in his bid a clear description of such proposed modifications and. (ii) c1e~rlYL c1escdptive material to show the proposed modifications, (c) Mbditications proposed after bid opening to make a product conform to a brand name prod~<ltr~ Invitation to Bid will not be considered. ' ':"'_.L,',.:-,_L.,' ':>\, - - _ _ _. - ",' _' '::"""::::":';/;"': 4.Th~pYCR!~~$eofal1)'jtem by the County, as a result of this Invitation, is not a judgn1el).t~~~;g~ii~$~~~~ exc~pJ aslt:'lppIies to the need and use of the County at this time for this purpose, priceand6d'1~rta.(:to Page 26 of 28 AF'F'-1 ::=:-2[1[16 11] : 4[1 BAUEF' Ci:::JtY1FPE~;~:=;C)F'S I t.le . 7-57 ::::.5(1 1041 F' . 2:=: ':::'9 'j P\Jr(;h~,ing nnd Contracting Form 11:3, (~t:v. 7.02) Page 27 of28 LPREPARATJON OF BIDS: '" ',' . " , '". "<< '.".,/</ '."., '. i (a) Bidders are expected 10 examine the dt8wings, specifications, Schedule....l'ld4jlitls(ruc{jQn$;fll.n\l~I~: bidder's risk. ',',', , ,'" ' '.,'" > ,,'; ',' ", , , ,",,' , , .", ." .',',', (b) Eaeh bidder shall furnish the information required by the bid fOIll). T~.ebi(ldershaIls.jgp the bidaI'l4~B~ the Schedule and each Continuation Sheet thereof on which bidder malcesanentry. Erasuresoro~l:t~r'~ by the person signing the bid. Bid$ signed by an agent arc to be accompanied by evidence of~is 0,. he cvidence has been previously furnished to the issuing oftice. ',', ,,<. ' " (c) Unit price for each unit bid on shall be shown and such price shall include packing unles!lQtlreri\llse$p~ enten:d in the Amount co\unm of the Schedule for each item bid On, In case of discre\J:mcy betweenir~' price, the unit price will be presumed to be correct. (d) When not otherwise specified, bidder must definitely state time of proposed delivery. (e) TIME OF DELIVERY: Do not use-words such as: "Immediate", "As soon as Possible", citc.;.stat~t1~~. the minimum number of calendar days required after receipt of order. (If calendarduysare us~i:f:' holidays are to be included in the number.) , , . 2. EXPLANATIONS TO BIDDERS: Any explanation desired by a bidder regarding the: meaning or intcrpretuti<)O of the Invitation to BJd,d~ must be reQuested in writing and with sufficient time aI/owed for n reply to reach bidders before the: . any stiltl.:mcnt in the bidding documents, specifications, plans, etc., appear ambiguous to the bJdd instructed to mllkl: 11 written request to the Purcl1asing and Contracting Depannlent as outlined inth information given to u prospective bidder concerning Invitations to Bid ~ b~ furnished to aHpr addendum to the Invitation, if such infonnaticlD is necessary 10 bidders in subniilting bids OR the Invitatj information would be prejudicial to uninformed bidders. Receipt of addenda by a bidder mU5tbellckrto Ietterreceivedbefore thl: time set for Opening bids. 0 III ex I<lnutin S or instructio s i\fen bcfor t' )vi1Lnot l>e bindinll. 3: SU8MISSION OF BIDS: (a) Bids and modifications thereof shall be enclosed in sellled envelopes, addressed to the office in th~J~Y' nllme and address of the bidder, the date and hour of opening, and the invitation nurnber on die Tele~r,mhi~~ bids find fllcsimile bids will not be considered. (b) Samples of items, when required, must be submitted within the time specified, and unless otherwisespe no expense to the County, Ifnot destroycd by testing, samples will bc returned at bidders requestll~dl; spccifiedbytheJnvitation. " ,.",., (trJ#emsoffered must !It least meet specifications called for and must be of quality which will ad~qu~ plirnos~ lor which intended., {d),1141IidentificatiQn or ea.ch item bid UpOn, including brand name, mak~, model, catalog numbernJ id,6Wify.exactly what bidqer is offering, Cu~or other literature may be furnished. (Use additionals (e). TMbioder represents that the Drticle(s) to be furnished under this Invitation to Bid is (are) new dl;l~r.\orated so as to impair its usefulness. (I) Bicls Cal.lHot be withdrawn or corrccted after opening (except reductions and changes by successfgJ the. advtlntage of the County, which mayor may not be considered by the County). , ",.:. (' *ur~Ji)Signbids; Unsigned biqs will not be considered (except in cases where bid is t\llc!i:l~,e;~I';!iwii cd llod thisdeterminlllion is to be made by the County). lfFcidel'ol Excise tax applies: show amount and deduct. DeKalb Countyis"e~~1ff alestax, " . .,.,...",.: (i)D', ,,' ,'YlVI;.\VllE TESTED. Since tests may require several days for cornpletiqn. t~\;:.e' port'~fanYsuppljes before the results of the tests are known; without prejul:/ice.tp"#~9.,~i \ll1\.!~ed"p.ortionof the delivel)' and payment will be made on an adjusted basis for theuscdpqi'ti-d t~sts()fimy item which tails 10 meet the advertised specifications shaH be bome by the contractor. ,il''f-' 1:: \ ;--;. ; I!. E:HUEV IllrlF'f~'E'::,'=;[If.c"'c' I! II IIJ,) ! Plll'(;husmg Ilnd COnh-.lding Form #3 (continued). - Rev. 7-02 InvitationN,o~ 3066507 4. LATE BIDS AND 1\'lODIF1CA nONS OR WITHDRAWALS. - Verify your quotntions.Bid$>andJij' thereof rec~ived at the office designated in the Invitations to Bid after the exact time:: set fo1'opcn considered, will 3, SUBMISSION OF BIDS (continued): 0) DEFAULT: The award as a result ofbidsrepeivedurt!'isrt~isin,x,t~H: should you fail to perform delivf;ry;Nithinthetime~tat~~m,y(jj.tt event the County may thenprocft~~t9Plirch~,ein th~()p~!,),m~ collect Cromyou, as the def31,,' lwplier, the excossgo$.f, ", ,', ,.."." (k) F,O.B. POINT: Unless other,iated iTltr~invitatio~'Il,~" . 'i,l.o~quali be F,O.B, Destination, FrcightPrep!lidan<!. A.I(}wed..ThisshaJlincludeddivSf;~4'~1'l19~~~dil il) PATENT INDEMNITY: Except as otherwiseprOvi4ed, theSUOcessfulbidc!~~::~gree~tP"i9 agents and employees against liability, inc!ti4irygcC(1lsts and expenses forJ[1ftjhg~.Jlle~iuR!'lll'<' States Jrising OUl of the performance of this Contract or out of the useordi'ipos&lhy <>r:fo(.. supplie:; fumished or wnstruction work performed hereunder. (mJ Submit bids in orie:il1~1 ONLY. S. FA YMENT TERMS: The payment terms adopted by DcKalb County are Net 30 unless otherwise established by law or by cont~$J; :.', .' Bidders may obtain more favorable payment term$ by offering time payment discounts when they s~l)mittheir sealed bids. 6. CERTIFICATION OF INDEPENDENT P1UCEDETERMINA TlON. - By submission of thisbJd,th.~~'c1~Gr~~t?Hles, and in the case of n Joint bid e~~ch party thereto certifies as to its own organization that in connection with Ihisp.roii.ure(Q(;~t: (a) The prices in this bid have been arrived at independently, without consullalion. communiclItion, or agrec:meTlt;fqfthe purpose of reSlnCtlng competition, as to any matter relating to such prices with any other bidder or with any cOlllPetitt:)l\ (b) Unless otherwise required by law, the prices which have been quoted in this bid have not beertkIlowingJydi~cl(Jsed by the biddcr and will not knowingly be dIsclosed by the bidder prior to opening, directly or indirectly to any otner bidder or to any compctitor: imd (c) No attempt has been made or will be made by the bidder to induce any other person or firm to submit or not to submit a bid for the purpose of restricting competition. 7. A WARD OF CONTRACT: (a) The cOntract if uwarded will be awarded to that responsible bidder whosc bid will bc most advantageous to the COU1l'ty, pricc and other factors considered, The County will make the determination. (b) The County reserves the right to reject Or lIccept any or all bids and to waive informalities, minor irregularities and technicalities in bids receivect. whichever is deemed to be in the best interest of the County, and to re-advertise. (0) The County may accept any item or group of items of any bid. ul11ess thel bidder qualifies his bid by s~c.iV()}litl'ljlations, UNLESS OTHERWISE PROVIDED IN THE SCHEDULE, BIDS MAY BE SUBMITTED FOR ANY QUANTITIFSLESS THAN THOSE SPECIFIED; AND THE COUNTY RESERVES THE RIGHT TO MAKE AN A WARP ONi-,,\NsYIIIEM FOR A QUANTITY LESS THAN THE QUANTITY BID UPON AT THE UNIT PRlCES OFFERED UNLESSTFIE BIDDER SPECIFIES OTHERWISE IN HIS BID, 8. COUNTY-FURNISHED PROPERTY. - No material. labor, or facilities will be furnished by the CoW:lIy unless otherwise provided for in the Invitation. 9. FAILURE TO BID. " III the event no bid is to be submitted. do not retum the Invitation unless otherwise. ~p infonnation. sheet Should be sent to the issuing office advising whether future invitations for the lyWof' cO^,r;Tcd by this Invitation arc desired. Failure of the recipient to bid, or to notity the jssuing.offi~etl)~~.l'P~ ','." . 1)$ are desired, may result in removal of the name of such recipient from the mailing list for the typeorsuJ:"plj(:~:'C9Vet-e14i&ylhe Invillliiol1. . 10. Failureto observe nny of the instruetion~ and conditions in ihis rnYitl1tio~ to Bid may constitute grouIlQs[orrej.e(;tiQn. 11. Items offered in this bid must comply with all Federal, State. and locallilws and regulations asapplici;lt}le,on~alt;ofl!eli'i'~r~. Page 28 of 28 Tr-\~'CJ.C. '.,P,''":P=.t ~\l'YO"" ( .,..'. .' , ... r ~\" "H X 0" "H" IJ J-',' .'. <:r ~,j ON v VI.-CONSENT AGENDA ITEM 8.4 CITY OF BOYNTON BEACH AGENDA ITEM. REQUEST FORM Requested City Commission Date Final Fonn Must be Turned Meetjng Dates in to City Clerk's Office 0 August 1, 2006 July 17,2006 (Noon.) ~ 0 August 15, 2006 July 31,2006 (Noon) 0 0 September 6, 2006 August 14,2006 (Noon) 0 0 September 19, 2006 September 5, 2006 (Noon) 0 Requested City Commission Date Final Fonn Must be Turned Meeting Dates in to City Clerk's Office October 3, 2006 September 18,2006 (Noon) October 17, 2006 October 2,2006 (Noon) ~:.: ") C~ C') ---I ._,.-;-< '.<0 --\ -q November 8, 2006 October 16, 2006 (Noon,:--, November 21,2006 U) November 6, 2006 (N0tUJ'l1 --="6 ,::'] .-"" .. -~. 01 NATURE OF AGENDA ITEM o Announcements/Presentations o ~ o o City Manager's Report '-;) Consent Agenda o o New Business o o o C::J Administrative r....) ~i g=; -') 't> , '(") Code Compliance & Legal Settlements Public Hearing Legal Unfinished Business -' , RECOMMENDATION: A motion to approve the contract for "REPLACEMENT OF BOYNTON BEACH LIFEGUARD TOWERS" BID # 057-2413-06/JA, to J. RA WN ENTERPRISES INC., of West Palm Beach, Florida, in the amount of $103,365.00, with a contingency of 20%, for a total expenditure of $124,038.00. EXPLANATION: On August 23, 2006, Procurement Services received and opened three (3) proposals. The proposals have been evaluated by our Engineering Department, and it was determined that J. Rawn Enterprises Inc. was the lowest, most responsive, responsible bidder who met all specifications. David Stump, Senior Project Manager concurs with this recommendation (see memo #06-097). Staff further realizes that in reconstruction of these lifeguard stands there will be abnormal unforeseen damage, specifically with respect to the foundations and structures that will need to be restored once construction is underway. Therefore staff recommends that the standard contingency be doubled for this project and that a 20% contingency in the amount of $20,673.00 be included in the award, for a total of $124,038.00. PROGRAM IMP ACT: The purpose of this bid is to demolish/replace three (3) lifeguard stations on the already existing foundations located at the Boynton Beach Oceanfront Park. These lifeguard stations were damaged by Hurricane Wilma and therefore the cost to reconstruct them is eligible for FEMA reimbursement at 87.50%. FISCAL IMPACT: The funds are allocated in the FY2006/2007 budget as follows: Account Description Account Number Building Improvements 302-4204-580-63-15 Estimated FEMA Reimbursement @ 87.50% Proiect Number CP0643 Expenditure $ 124,038.00 $(108.533.00) $ t 5.505.00 Net Cost S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC "',c~,<, ,yV",~ ".. .~",'~\". ," IJ1 ( . o ~ iX j.-', ./ /'V";~:~v '. ~,"/ CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM AL TERNA TIVES: The only alternative to this project would be to purchase portable lifeguard towers, which would not be cost effective, and they would have to be set up and removed on a daily basis. ~ai!p~/;;)- Dep' ot He " Sign,tme ~~ City anager's Signa1Ure Procurement Services Department Name Distribution: David Stump - Senior Project Manager Central File File S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 2 RESOLUTION NO. R06- 3 4 A RESOLUTION OF THE CITY OF BOYNTON 5 BEACH, FLORIDA, APPROVING A CONTRACT 6 FOR BID #057-2413-06/JA TO J. RA WN 7 ENTERPRISES, INC., FOR THE REPLACEMENT OF 8 BOYNTON BEACH LIFEGUARD TOWERS IN THE 9 AMOUNT OF $103,365.00, PLUS A 20% 10 CONTINGENCY FOR A TOTAL EXPENDITURE OF 11 $124,038.00; AUTHORIZING THE CITY MANAGER 12 TO EXECUTE CONTRACT DOCUMENTS; AND 13 PROVIDING AN EFFECTIVE DATE. 14 15 WHEREAS, three (3) proposals were received and opened by Procurement 16 Services on August 23,2006, for replacement ofthree (3) Boynton Beach lifeguard towers 17 at Oceanfront Park and together with the City's Engineering Department, staff is 18 recommending the award to J. Rawn Enterprises, Inc., as the lowest, most responsive, 19 responsible bidder who met all specifications. 20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 21 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 22 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed 23 as being true and correct and are hereby made a specific part of this Resolution upon 24 adoption. 25 Section 2. The City Commission of the City of Boynton Beach, Florida, 26 hereby approves the award of Bid #057-2413-06/JA to J. Rawn Enterprises, Inc., for the 27 replacement of three (3) Lifeguard towers at Oceanfront Park. 28 Section 3. The City Manager is authorized to execute a contract in the amount 29 of $103,365.00 plus a contingency of 20% for a total expenditure of $124,038.00, a copy 30 of said Contract is attached hereto and made a part hereof. S:\CA\RESO\Agreements\Bid Awards\Award of Bid- Lifeguard Towers.doc Section 4. That this Resolution shall become effective immediately. 2 PASSED AND ADOPTED this ___~__ day of _____ ,2006. 3 4 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 27 28 29 30 CITY OF BOYNTON BEACH, FLORIDA Mayor - Jerry Taylor Vice Mayor - Carl McKoy Commissioner - Robert Ensler Commissioner - Mack McCray Commissioner - Muir C. Ferguson :\CA\RESO\Agreements\Bid Awards\Award of Bid - Lifeguard Towers.doc BID TITLE: REPLACEMENT OF BOYNTON BEACH LIFEGUARD TOWERS BID NUMBER:057-2413-06/JA PROJECT NUMBER:CP0643 CITY OF BOYNTON BEACH, FLORIDA CONTRACT FOR CONSTRUCTION SERVICES THIS CONTRACT, made and entered into this 03 day of October, 2006, by and between the CITY OF BOYNTON BEACH, a municipal corporation of Florida, hereinafter called the "CITY" or "OWNER" and J. Rawn Enterprises Inc. a Florida Corporation (X) a Florida General Partnership ~ a Florida Limited Partnership L-) a Sole Proprietor ~ Check One hereinafter called "CONTRACTOR". WITNESSETH WHEREAS, The City has heretofore invited bids for a City construction project ("Project") identified by the bid title, bid number and project number listed above and commonly referred to as: REPLACEMENT OF BOYNTON BEACH LIFEGUARD TOWERS WHEREAS, Contractor, in compliance with the bidding requirements announced by the City, submitted a bid on the 23rd day of AU2:ust. 2006, for the total bid amount of $ 103.365.00; and, WHEREAS, On the 3rd day of October. 2006, the City Commission designated contractor as having submitted the bid that was most advantageous to the City and authorized the execution of this Agreement; and, WHEREAS, the Parties agree that the Project is scheduled to achieve Substantial Completion without interruption within 60 calendar days as specified in the Notice to Proceed, subject to CITY approved time extensions. NOW, THEREFORE, in consideration of these premises and the mutual conditions and covenants contained herein, the parties agree as follows: C - 1 Rev. 12/30/03 1. AGREEMENT 1.1. The Parties agree that: 1.1.1. The foregoing "Whereas" clauses are true and correct and incorporated herein by this reference. 1.1.2. The CITY does hire and employ the CONTRACTOR to provide construction services for completion of the Project. L 1.3. The CONTRACTOR does accept this Contract and does agree to furnish the necessary labor, tools, equipment, materials and supplies, etc., and to complete the Project by performing all the work as set forth in the this Contract and the Contract Documents for the price and amounts set forth in Contractor's bid. 1.1.4. Contractor is an independent contractor as that term is set forth in the General Conditions for Construction GC-2, INDEPENDENT CONTRACTOR. 1.1.5. Unless otherwise provided, all time frames referenced III all Contract Documents shall be calendar days. 2. SCOPE OF SERVICES 2.1. The Project consists of those improvements described and set forth in the Contract Documents. 2.2. The "Contract Documents" are the compilation of the following individual documents: 2.2.1. 2.2.2. 2.2.3. 2.2.4. 2.2.5. Advertisement for Bids Instructions for Bidders Bid Proposal Bid Bond General Conditions for Construction (GC) - all references to "GC" shall be to section numbers 2.2.6. Construction Contract 2.2.7. Certificate of Insurance 2.2.8. Public Construction Bond 2.2.9. Technical Specifications 2.2.10. Contract Drawings and Plans 2.2.11. Addenda 2.2.12. Written directives or interpretations 2.2.13. Manufacturers warranties c - 2 Rev. 12/30/03 3. OBLIGATIONS OF CONTRACTOR 3.1. Contractor shall: 3.1.1. Furnish all materials, supplies, machines, equipment, tools, superintendents, labor, insurance, and other accessories and services necessary to complete said project in accordance with the conditions and prices as stated in the Contract Documents. 3.1.2. Perform all the work and labor pursuant to this contract and all of the materials furnished shall be in strict conformity with the Contract Documents. CONTRACTOR further accepts and consents to the conditions contained in said Contract Documents and expressly agrees to comply with every requirement and stipulation therein contained. 3.1.3. Furnish all tools, equipment, materials and supplies and to do all the work above mentioned in a first-class, substantial and workmanlike manner, and in conformity with the detail for said work on file in the office of the Project Manager and strictly in accordance with the Contract Documents. 3.1.4. CONTRACTOR shall furnish each subcontractor or material supplier with a copy of his Public Construction Bond within five (5) days of subcontractors' work or material supplying and shall maintain records to establish that notice. A copy of said notice shall be provided to the City's Project Manager at time of issuance. 3.1.5. Guarantee all work and materials for a period of one (1) year, as set forth in the General Conditions for Construction GC-24, WARRANTY. Warranty period shall commence with date of final acceptance as set forth in the Technical Specifications for Construction 01700, EXECUTION REQUIREMENTS.Comply with the provisions of Section 255.05, Florida Statutes, if applicable. 3.1.7. Pay promptly, before final settlement, any and all claims or liens by subcontractors or material suppliers, incurred in and about this work. 3.1.8. Remove and clean up all rubbish, debris, excess material, temporary structures, tools and equipment from streets, alleys, parkways and adjacent property that may have been used or worked on by the CONTRACTOR in connection with the project promptly as such section or portion is completed and ready for use, leaving the same in a neat and presentable condition. 3.1.9. Observe and comply with the provisions of the charter, ordinances, codes and regulations of the City of Boynton Beach, Florida. 3.1.10. Obtain written approval from the CITY of all subcontractors not disclosed C - 3 Rev, 12/30/03 in the Contractor's bid document. 3.1.11. Perform such other tasks as set forth in the Contract Documents, 3.1.12, Shall provide all required bonds, insurance certificates and any other required security for performance of the Project within ten (10) of the Award of the Project. 3.2. The CONTRACTOR will be held responsible for the care, protection and condition of all work until final completion and acceptance thereof, and will be required to make good at his own cost any damage or injury occurring from any cause resulting from their acts or omissions, or the acts or omissions of their subcontractors or suppliers. 4. CITY'S OBLIGATIONS 4.1, City shall provide a written Notice to Proceed at the time of the scheduled Pre- Construction Meeting. 4.2. Make timely payments for the work in accordance with the procedures and time frames set forth in the Contract Documents. 4.3. On satisfactory completion of the Project, provide a written final acceptance and payment for the entire project. 5. COMMENCEMENT OF WORK 5.1. CONTRACTOR hereby agrees to commence work under this contract within (10) calendar days of the Commencement Date specified in the written "Notice to Proceed," and to achieve Substantial Completion without interruption within 60 calendar days thereafter. 5.2. Time is the essence of the contract. In the event the CONTRACTOR shall fail to timely commence the work following Notice to Proceed or fail in the performance of the work specified and required to be performed within the time limit set forth in the contract, after due allowance for any extension or extensions of time made in accordance with the Contract Documents, the CONTRACTOR shall be liable to the CITY, as liquidated damages, the amount stipulated in Section 6.0 hereinbelow for each and every calendar day that the CONTRACTOR shall be in default of achieving certification of Substantial Completion. 5.3. CONTRACTOR shall notify the Project Engineer in writing of any change in the names and addresses of each subcontractor proposed for principal parts of work, and any changes in subcontractors from those proposed in CONTRACTOR'S bid proposal, and for such others as the Project Engineer may direct, and shall not employ any that CITY may, within a reasonable time, object to as incompetent or as unfi 1. C-4 Rev. 12130103 6. LIQUIDATED DAMAGES 6.1. The CONTRACTOR further agrees to pay $150.00 per day as liquidated damages, for failure to begin within ten (10) days of CITY'S issuance of the "Notice to Proceed" or failure to achieve Substantial Completion within 6.2. 10 calendar days from the Commencement Date as indicated in the written "Notice to Proceed". The CITY shall have the right to deduct said liquidated damages from any amount due, or that may become due the CONTRACTOR, or to collect such liquidated damages from the CONTRACTOR or his Surety. 6.3. Punch list items recorded as a result of inspections for Substantial Completion are to be corrected by the CONTRACTOR within thirty (30) calendar days and prior to any request for Final Inspection, Testing and Acceptance as stated in the General Conditions for Construction (GC-50). If the Substantial Completion punch list items have not been corrected by the CONTRACTOR within the thirty (30) calendar day period, at the discretion of the Project Manager, Liquidated Damages may be applied as described in Section 6 above. . 7. PROTECTION OF EXISTING FACILITIES AND WORK IN PROGRESS 7.1. The CONTRACTOR warrants that quoted prices include the protection and continuous use of all existing work in process, property or operations of the CITY as more particularly set forth in the Technical Specifications for Construction, 01540, SECURITY AND SAFETY PROCEDURES FOR INFRASTRUCTURE PROJECTS, and/or 01541 SECURITY AND SAFETY PROCEDURES FOR WATER TREATMENT PLANT PROJECTS. 8. INDEMNIFICATION 8.1. The CONTRACTOR shall indemnify and save harmless and defend the CITY, its agents, servants, and employees from and against any claim, demand, or cause of action of whatsoever kind or nature arising out of error, omission or negligent act of CONTRACTOR, its agents, servants, or employees in the performance of services under this Agreement. 8.2. CONTRACTOR shall indemnify and save harmless and defend CITY, its agents, servants and employees from against any kind and all causes, claims, demands, actions, losses, liabilities, settlements, judgments, damages, costs, expenses, and fees (including without limitation reasonable attorney's and paralegal expenses at both the trial and appellate levels) of whatsoever kind or nature for damages to persons or property caused in whole or in part by any act, omission, or default of the CITY, its agents, servants or employees arising from this contract or its performance. The CONTRACTOR and the CITY hereby agree and covenant that the CONTRACTOR has incorporated in this original bid, which constitutes the Contract sum payable by the CITY to the CONTRACTOR, specific additional consideration in the amount of ten dollars ($10.00) sufficient to support this C - 5 Rev. 12/30/03 obligation of indemnification provided for in this paragraph. The indemnification required pursuant to the Contract shall in no event be less than $1 million per occurrence or no more than the limits of insurance required of the CONTRACTOR by the Contract, whichever is greater. It is the CITY'S and CONTRACTOR'S full intention that this provision shall be enforceable and said provision shall be in compliance with Section 725.06, Florida Statute. 8.3. The execution of this Agreement by the CONTRACTOR shall obligate CONTRACTOR to comply with the foregoing indemnification provision, as well as the insurance provisions which are set forth in the General Conditions for Construction. However, the indemnification provision, and the insurance provision contained in the General Conditions for Construction are not interdependent of each other, but rather each one is separate and distinct from the other. 8.4. The obligation of the CONTRACTOR to indemnify the CITY is not subject to any offset, limitation or defense as a result of any insurance proceeds available to either the CITY or the CONTRACTOR. 9. PAYMENT BY CITY 9.1. The CITY agrees to pay the CONTRACTOR in current funds for the performance of the contract, subject to additions and deductions as provided in the Contract Documents. 10. CHANGES IN THE WORK 10.1. The CITY, without invalidating the Contract, may order extra work or make changes by altering, adding to or deducting from the work, the Contract sum being adjusted accordingly. All such work shall be executed under the conditions of the original Contract. Any claim for extension of time caused thereby shall be made in writing at the time such change is ordered. Changes in the work must be processed as set forth in the General Conditions for Construction GC-46, FIELD CHANGE DIRECTIVES/CHANGE ORDERS. 10.2. All change orders and adjustments shall be in writing and approved by the Project Manager, otherwise, no claim for extras will be allowed. 10.3. Claim of payment for extra work shall be submitted by the CONTRACTOR upon certified statement supported by receipted bills. Such statements shall be submitted for the current contract payment for the month in which the work was done. No claim for extra work shall be allowed unless same was ordered, in writing, as aforesaid and the claim presented at the time of the first estimate after the work is completed. c - 6 Rev. 12/30/03 11. PROJECT ENGINEER 11.1. The Project Engineer ("Engineer") is David Stump. 11.2. The Project Engineer shall have general supervision and direction of the work. The Project Engineer is the agent of the CITY only to the extent provided in the Contract Documents and when in special instances he has the authority by CITY to act, and in such instances he shall, upon request, show CONTRACTOR such authority in writing. He has authority to stop the work whenever such stoppage may be necessary to insure the proper execution of the Contract. 11.3. As the Project Engineer is, in the first instance, the interpreter of the conditions of the contract and the judge of its performance, he shall side neither with CITY nor with CONTRACTOR, but shall use his authority pursuant to the Contract to enforce its faithful performance by both parties. 11.4. In the event of a dispute, the role of the Project Engineer is to make recommendations to the Project Manager who shall make the final decision. 12. INSURANCE 12.1. The Contractor shall obtain and maintain insurance as set forth in the General Conditions for Construction GC-27, INSURANCE. 13. CONTRACT CONTROLS 13.1. This Contract must be construed with all other Contract Documents, a master set of which shall be maintained by the City Clerk of the CITY. In the event of a dispute, only the master set of documents, or copies thereof certified by the City Clerk, shall be used as evidence. 13.2. In the event of a conflict between the requirements or specifications set forth in the Contract Documents, the conflict shall be resolved by written interpretation by the CITY, or its representatives as set forth in the General Conditions for Construction (GC-17, CONTRACT INTERPRETATION. In reconciling conflicting provisions of the Contract Documents, the Contract shall have the greatest weight, followed by the General Conditions for Construction and finally by the balance of the Contract Document 14. TIME OF ESSENCE 14.1. Inasmuch as the provisions of the Contract Documents relating to the times of performance and completion of the work are for the purpose of enabling the CITY to complete the construction of a public improvement in accordance with a predetermined program, all such time limits are of the essence of the Contract. C-7 Rev. 12/30/03 15. REMEDY FOR DELAY 15,1, In the event of any delay in the project caused by any act or omission of the CITY, its agents or employees, by the act or omission of any other party other than the CONTRACTOR, his agents, employees or subcontractors, or delay caused by weather conditions or unavailability of materials, the sole remedy available to CONTRACTOR shall be by extension of the time allocated to complete the project. 15.2. NO MONETARY DAMAGES SHALL BE CLAIMED OR AWARDED TO CONTRACTOR IN ASSOCIATION WITH ANY DELAY IN THE PROJECT CAUSED BY AN ACT OR OMISSION OF THE CITY, ITS AGENTS OR EMPLOYEES. CONTRACTOR ACKNOWLEDGES THIS LIMITATION ON RECOVERY AND ASSUMES ALL MONETARY RISK ASSOCIATED WITH THIS LIMITATION. CONTRACTOR hereby acknowledges that he has read and understands the above provision. INITIALS 15.3. Failure on the part of CONTRACTOR to timely process a request for an extension of time to complete the work shall constitute a waiver by CONTRACTOR and CONTRACTOR shall be held responsible for completing the work within the time allocated by this contract. 15.4. All requests for extension of time to complete the work shall be made in accordance with the General Conditions for Construction GC-23, EXTENSION OF TIMEINO DAMAGES FOR DELAY. 15.5. For the purpose of this section, the phrase "the CITY, its agents and employees" shall include but shall not be limited to the Project Engineer and Project Manager. 16. DISPUTES 16.1. Disputes shall be resolved as set forth in the General Conditions for Construction GC-18, DISPUTES. 16.2 Upon resolution of a dispute by the Owner, either party may request the appointment of a mediator. IN WITNESS WHEREOF, the CITY has caused these presents to be signed by its City Manager, attested to by the City Clerk with the Corporate Seal of the said CITY and the CONTRACTOR has executed these presence the day and year herein before written, C - 8 Rev, 12/30/03 Signed, sealed and witnessed in the presence of: CITY OF BOYNTON BEACH, FLORIDA City Manager Attest: Approved as to Form: City Clerk City Attorney Signed, sealed and witnessed in the presence of: CONTRACTOR President or Vice President Attest as to CONTRACTOR State of Florida ) ) sis: County of Palm Beach ) On this day of , 20_, personally appeared before me, duly authorized to administer oaths, known to be the persons described herein or who has produced as identification and who executed the foregoing instrument and has acknowledged before me that they have executed same. 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W a: oo I- Z W :2 :2 o o BIDDER ACKNOWLEDGEMENT Submit Bids To: PROCUREMENT SERVICES 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone: (561) 742-6322 Broadcast Date: Bid Title: REPLACEMENT OF BOYNTON BEACH LIFEGUARD TOWERS Bid Number: 057-2413-06/JA Bid Received By: AUGUST 23, 2006, NO LATER THAN 2:30 P.M. (LOCAL TIME) Bids will be opened in Procurement Services unless specified otherwise. Bid receiving date and time is scheduled for: AUGUST 23, 2006, no later than 2:30 P.M. Oocal time) and may not be withdrawn within ninety (90) days after such date and time. All awards made as a result,of this bid shall conform to applicable sections of the charter and codes of the City. Name of Vendor: TKf\W~ - ~ t:f'.JTI:-~~\SE~ ~C. Federal I.D. Number: <.D5- o~ql \ \~ A Corporation of the State of: FLO~\\)A Area Code: 5lD. , Telephone Number: 41A - 74 L/ 5"" Area Code: 5lJ2 I FAX Number: Y 7 B - 84- 7 I City/State/Zip: l.o q to '6 vJ , L50,..) \=<0 ~ \:) l0E-~" ~Lm ~~~ I t=l 334/~ Mailing Address: Vendor Mailing Date: ~~ ~K. l). 1<.A-wtV Name Typed TIDS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL BA-2 ADDENDA CITY OF BOYNTON BEACH FLORIDA BID TITLE: \<EPLAC~N\t,.,:)T O~~1t.)""m0 \b~\\ L\~~~'i2b ---r-6lA'~'\2-~' BIDDER: ~?~wr-J EN'"\t.~~R-\~~~ --::L-~c..., DATE SUBMITTED: 8 - Z~ - OlD We propose and agree, if this bid is accepted, to contract with the City of Boynton Beach, in the Contract Form, to furnish all material, equipment, machinery, tools, apparatus, means of transportation, construction, coordination, labor and services necessary to complete/provide the work specified by the Contract documents. Having studied the documents prepared by: C l\ Z. r<\ t\\LL (Name of Project Manager/Architect/Consultant) and having examined the project site (when indicated in these specifications to do so), we propose to perform the work of this Project according to the Contract documents and the following addenda which we have received: ADDENDUM I DATE 8-/8 -OLD . ADDENDUM DATE TIDS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED CO~LETE AND ACCEPTABLE A-I PROPOSAL BLANK BID PROPOSAL TO THE CITY OF BOYNTON BEACH, FLORIDA To All Bidders: Date B- 23 -o~ The undersigned declares that he has carefully examined the specifications and is thoroughly familiar with its provisions and with the quality, type and grade of produc1Jservice called for. When submitting more than one bid proposal price for this product and/or service, indicate how many individual and/or combination item(s) are to be tabulated and considered. Attach a separate proposal sheet for each. The undersigned proposes to construct three lifeguard towers at Boynton Beach Ocean Park in accordance with the specifications for the sum of: Price for Tower #1 $ -113 'loaD. ~ 0 $ 3lD, ',82, 6"0 5'0 $ 3lQ. I~L. , Price for Tower #2 Price for Tower #3 $ IO~, ~\.aS- TOTAL AMOUNT ALL PRICES F.O.B. BOYNTON BEACH It is further agreed that the will be completed within &0 calendar days from the date of the Purchase Order from the City. Number of Bid Proposal prices submitted Specification "check-off' sheets submitted Yes YeslNo THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER vnu D A ru A l:!Jj' TO Rli' rON~m1i',R1i'.n rOMPT ,F,TF. A NO ACCRPT ABLE --:r~~~1U ENTE~'K~~~. COMPANY NAME ~ ---::r 4cJ:!- 7). J3, uJ JJ PRINTED NAME (5\t2I) ta 35- 8,-/,0 TELEPHONE NUMBER J,C.JE - ~ i1:>EAJ-r TITLE The undersigned bidder agrees to commence work within ten (10) calendar days after the date of the "Notice to Proceed" and shall achieve Substantial Completion without interruption within .60 calendar days thereafter. .-L Original and three (3) copies of bid submitted. ~ HIGHLY RECOMMENDED Site Inspection Form submitted. Attached is a computer generated horizontal' bar chart showing proposed schedule of work. ~ Schedule of Subcontractors submitted. ~ Completed Schedule of Bidder's Qualifications, three (3) pages. ~ Evidence of possession of required licenses and/or business permits submitted. The U)1dersigned bidder hereby represents that he has carefully examined the drawings and the Contract including all Contract documents and will execute the Contract and perform all its items, covenants and conditions, all in exact compliance with the requirements of the specifications and drawings. The bidder, by and through the submission of his Bid, agrees that he has examined and that he shall be held responsible for having theretofore examined himself as to the character of the route, the location, surface and underground obstructions, the nature of the ground water table, conditions and all other physical characteristics of the work, in order that he may thereby provide for the satisfactory completion thereof, including the removal, relocation or replacement of any objects or obstructions which will be encountered in doing the proposed work. The bidder, by submission of this Bid acknowledges that the bidder has been advised that in the event bidder contests the award of this project to another bidder, that the bidder damages, ifany, are limited to actual Bid preparation costs and bidder hereby waives any claim it may have for other damages coming from the City's failure to award the project bidder. TIllS PAGE TO BE SUBMITTED ALONG WIm PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Date e -2~ ~Olo ---r-~Aw~E~-r-E~~\~~s. -.C~)C..,. (Name of bidder, Corporation, Firm or Individual) BYY~~ -:::J,4CJ(. /:). 'i2-A-W~ printed Name V'C-E.~ ~SID~jJT Title 5k;/~ ~35~ F3 'frO Telephone Number Florida Contractor's License Number C G C (!) 410 fiB THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER ,_ , _~ <Y'I"\. n'li' rnN~mERED COMPLETE AND ACCEPTABLE BB01746 BID BOND STATE OF FLORIDA COUNTYOFPAUMBEACH ) ) KNOW ALLM:ENBYTHESEPRESENTS, that J. Rawn Enterprises, Inc. as Principal, and Developers Surety and Indemni ty ,as Surety, authorized to do eUllIpO/lY business in the State of Florida are held and finnly bo1IDd unto the Owner, City of Boynton Beach in the penal sum of Five Percent of Bid Amount Dollars ($ 5 % 0 f Bid) lawful money of the United States, for the payment of which sum wiD and truly to be made, we bond ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDmON OF TIllS OBUGATION IS SUCH, that whereas the Principal has submitted the accompanying bid, dated A~"$'r 2.5 , 20~ for: REPLACEMENT OF BOYNTON BEACH LIFEGUARD TOWERS NOW TIIEREFORE, A. If the principal shall not withdraw said Bid within ninety (90) 'days after date of opening of the same, and shall within ten (10) days after the prescribed forms are presented to biIri for signatw'e, enter into a written Contract with the Owner in accordance with the Bid as accepted, and give bonds with goods and sufficient surety or sureties, as may be required, for the faithful perfonnance and proper ful1i1lment of such Contract, then the above obligations shall be void and of no effect, otherwise to reniain in full force and effect. Bm -I B. In the event of the withdrawal of said Bid within the period specified, or the failure to enter into such Contract and give such bonds withU1 the time specified, if the principal shall pay the Owner the difference between the amount specified in said Bid and the amount for which the Owner may procure the required work and supplies, if the latter amount be in excess of the fonner then the above obligations shall be void and of no effect, otherwise to remain in full force and effect. C. This bond is given to comply with Section 255.05 Florida Statutes, and any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section 255.05(2), Florida Statutes. IN 'WITNESS WHEREOF, the above bounded parties have executed tbis instrument under their several seals, tIus ~ day of Au 9 u s t , 2006 , being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of is governing body. WITNESS: (If Sole Ownership or partnership, two (2) Witnesses required). (If Corporation, Secretary only will attest and affix seal). PRINCIPAL: J. Rawn Enterprises, Inc. Name of Finn e of Authorized Officer (affixed seal) v'lcE- ~iJ)GV I Title WITNESS: ,#;1vN- k-.Q,^",~ 6963 Wilson Road Business Address West Palm Beach, FL 33413 City and State BIB -2 , . ~ SURETY: Developers Surety and Indemnity company Corporate Surety r~ ttomey-in-fact (affix seal) Robert Barra 150 South pine Island Road, Ste 510 Business Address Plantation, FL 33324 City State Bob Barra Bonds, Inc. Name ofI.ocal Insurance Agency Bra - 3 ! BB01746 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY PO BOX 19725, IRVINE, CA 92623 (949) 263-3300 www.1nscoDico.com KNOW ALL MEN BY THESE PRESENTS, that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY does hereby make, constitute and appoint: ***Robert Barra*** as its true and lawful Attomey(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporation as surety, bonds, undertakings and conlracts of suretyship giving and granting unto said Attomey(s)-in-Fact full power and authority to do and to perfonn every act necessary, requisite or proper to be done in connection therewith as the corporation could do, but reserving to the corporation full power of substitution and revocation, and all of the acts of said Attomey(s)-in- Fact, pUJSuant to these presenis, are hereby ratified and confmned. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolution adopted by the Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY effective as of November I, 2000: RESOLVED, that the Chainnan of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized 10 execute Powers of Attorney, qualifYing the Attomey(s)-in-Fact named in the Powers of Attorney to execute, on behalf of the corporation, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporation be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed 10 any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SUREfY AND INDEMNITY COMPANY has caused these presents to be signed by its respective Executive Vice President lIDd attested by its Secretary this 1st day of December, 2005. By: Walter A, Crowell, Secretary ~~ :t"~""''''''''''''''1: .....~'( "NO I~ ..... .#~~ ........h...."'~~..<Ir.. l~ ....(;~, OIl.4 ;.... 't.:'\ i.co,l (J ~ \~\ !"': OCT. : -< i =~! 10 in! \~\ 1936 iiJ \~ ........ lOW'" .......i4li l ~ ~q ............ )..-" ~,,.,.#,, * .,....' "'"............. By:c~~~) David H. Rhodes, Executive Vice-President STATE OF CALIFORNIA ] COUNTY OF ORANGE On becember 1,2005 before me, Gina L. Garner, (here insert name and title of the officer), personally appeared David H. Rhodes and Walter A. Crowell, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscn'bed to the within instrument and acknowledged to me that belshe/they executed the same in hislherltheir authorized capacity(ies), and that by hislherltheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument WITNESS my hand and official sea\. Signature ~ ;;r( ~ (SEAL) A ~~, A ~~ ~~~~E~ A J Ii. CO, MM.' 1569561 I NOTARY PUBLIC CAUFORfIA , ORANGE COUNTY ~ ~ ~ ~ _ . _'~~~'~~ CERTIFICATE The undersigned, as Assistant Secretary, of DEVELOPERS SURETY AND INDEMNITY COMPANY, does hereby certify that the foregoing Power of &.ttomey remains in fun force and bas not been revoked, and furthermore, that the provisions of the resolution of the respective Boards of Directors of said corporation let forth in the Power o.fAttorney, is in force as of the date of this Certificate. This Certificate is executed in the City oflrvine, California, the ~ day of Au 9 u s t 2006 3y ~I-~ Albert Hillebrand, Assistant Secretary 0-1438 (DSI) (Rev. 12/05) The City of Boynton Beach PnJc.rt!IIIDIt ServU:es 1(}(J E. Boyn/OIf Belich Bo.1evard P. O. &Jx 310 Boynton Beach. Florida 33425-0310 TelepluJne: (561) 742-6310 FAX: (561) 741-6316 ACKNOWLEDGEMENT OF ADDENDUM #1 "REPLACEMENT OF BOYNTON BEACH LIFEGUARD TOWERS" BID # OS7-2413-06/JA RESPONDENT/CONTRACTOR MUST SIGN, DATE AND INCLUDE TillS "ACKNOWLEDGEMENT OF ADDENDUM #1" WITH BID PACKAGE IN ORDER FOR SUBMITTAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE. J. '~.v E,StE.~~\St~~:]:-~ NAME OF RESPONDENT/CONTRACTOR s~~ ~ V.I2r.w^-.J REPRESENTATIVEIPRINT NAME B --22 ~() lo DATE ACK-l THIS PAGE TO BE SUBMItTED IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE CERTIFICATE AS TO CORPORATE PRINCIPAL I, -~~ ~ \ f; ~~U-"\ t-J , certifY that I am the Secretary of the Corporation named as Principal in the within bond; that -=r;c..K- 'kA-w,.J who signed the said Bid Bond on behalf of the Principal, was then V Ie ~ ~ , D&J"-- of said Corporation; that I know his signature, and his signature hereto is genuine; and that said bond was duly signed, sealed, and attested for and in behalf of said Corporation by authority of its STATE OF FLORIDA ) COUNTY OF P AIM BEACH ) Before me, a Notary Public duly commissioned, qualified and acting,. personally appeared to me well known, who being by me first duly sworn upon oath, says that he is the Attorney-in-Fact, for the and that he has been authorized by to execute the foregoing bond on behalf of the Contractor named therein in favor for the Owner, the City of Boynton Beach. BID-4 STATEMENT OF BIDDER'S QUALIFICATIONS Each Contractor bidding on work included in these General Documents shall prepare and submit the data requested in the following schedule of information. This data must be included in and made part of each bid document. Failure to comply with this instruction may be regarded as justification for rejecting the Contractor's proposal. * attach additional sheets giving the information 3. When Organized: i q q ~ 4. Where Incorporated: S'Pl~ (:)~ F"LC~\~ 5. How many years have you been engaged in the contracting business under the present firm name? , b Y eA~ 6. General character of work performed by your company. tJiETUt~'D &~~WPl-LK..s ,. DClC_K_' ) -PIeRS. A..J...)l) c...oN\~~~L.. ~~ \ \.... ~\ ~')(o ~ 7. Enclose evidence of possession of required licenses and/or business permits. 8. Number of employees. 7 9. Background and experience of principal members of your personnel, including officers. * 12e:sUM e... ~ c.!..lJ.D t. 1:> (')0 I) 000, 000. 10. Bonding capacity. 11. Have you ever defaulted on a contract? If so, where and why?* f\J 0 TillS PAGE MUST BE SUBMITTED ALONG WITH PROPOSAL SBQ .. 1 STATEMENT OF BIDDER'S QUALIFICATIONS continued...... 12. Experience in performance. Project 5ee 41TflulfE:]) $ Value Contact Name Phone # 13. Contracts on hand. * 14. Largest completed projects (include final cost). 1) G\"Le~ ~ v..J ~\~ !>.10\) ~J '1;;~ 11 p,~, noD . 6 '" 2) (\,po" I='E. ~\?-\<- I w7h I .JI ;3:13, (;)~O. 0" 3) ~SS\,,~ ~e.L~:;eF$- , 1Iz-y::" L'l'L. "'" 15. List all lawsuits (design and/or construction related) or arbitrations to which you have been a party and which: * 1) arose from construction projects: * ,01 A 2) occurred within the last 4 years: * tJ I/)( 3) provide case number and style: * tV I A Dated at: Z '. ~O pJ<"\ this 221\~day of p.. 0 ~ \ V':;, ~ 20 oLD By: ~~ ) Name: -:'l~ V. ~~ (printed or typed) Title: vfCE- ~)f)jEjJ1 Rev. 05/30/03 TillS PAGE MUST BE SUBMITTED ALONG WITH PROPOSAL SBQ - 2 BIDDER'S SITE INSPECTION CONFIRMATION Check One: [5?J NON-MANDATORY o MANDATORY BID TITLE: REPLACEMENT OF BOYNTON BEACH LIFEGUARD TOWERS BID NUMBER: 057-2413-06/JA DATE: AUGUST 9. 2006 j f\c..-r- ~~..,) \) \t.F-- ~~ (print Name and Title of Representative) as an authorized representative of: J. \<\\~,.) ~~\tR-vR-\&~ ~ c..... (print Name of Company) loq to '3 W\L~5J-J ~\) L"..\i=S\ Vf'>V'\ ~~\-\., ~L and that said , Company Address '3 'S L\ \ ~ (hereinafter called the bidder) located at bidder has visited the site of the work and has carefully examined the plans and specifications for said project and checked them in detail before submitting his bid or proposal. 8-9~O~ DATE OF INSPECTION OWNER'S REPRESENTATIVE SIGNATURE FOR MANDATORY ONLY TillS PAGE MUST BE SUBMITTED ALONG WITH PROPOSAL BSI-l NONCOLLUSION AFFIDAVIT OF PRIME BIDDER - State of !-We,DA ) County of ~L-"" ~tAL\+ ) .J +\0'- D. K~~ 0 , being first duly sworn, deposes and says that: 1) He is \hc-~-~~&,~~T of ~ K+\~~ E.t..YTE.~'?R\~ :Cr..K.. (Title) (Name of Corporation or Firm) the bidder that has submitted the attached bid: 2) He is fully informed respecting the preparation and contents of the attached bid and of all pertinent circumstances respecting such bid; 3) Said bid is genuine and is not a collusive or sham bid; 4) Further, the said bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, dire<?t1y or indirectly with any other bidder, firm or person to submit a collusive or sham bid in connection with the Contract for which the. attached bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communications or conference with any other bidder, firm or person to fix the price or prices in the attached bid or of any other bidder, or to fix any overhead, profit or cost element of the bid price or the bid price of any other bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the C,\'j t!:>r;...l3oi~p...) ~\\ (Local Public Agency) or any person interested in the proposed Contract; and 5) The price or prices quoted in the attached bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the bidder or any of its agents, representatives, owners, employees, or parties in interest, inclu . g this affiant. (Signed) lJIC~ - ~~'u1 (Title) Subscribed and sworn to before me This Z ~ day of fh-<,; V\o6 )- , 20 0.( My commission expires 0 Yf J..-C:.) orJ /f.~\'Nf~___ NILESH PARIKH f r,,(Ji;'J*i MY COMMISSION It DD 186174 '1.:r.&c1~ EXPIRES: February 20 2007 'Hf..'r:\'\ Bonded Thru Notary Public underwmers TillS PAGE TO BE SUBMITTED ALONG WITH BID IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE NCA .. 1 ANTI-KICKBACK AFFIDAVIT STATE OF FLORIDA ) : SS ) COUNTY OF PALM BEACH I, the undersigned hereby duly sworn, depose and say that no portion of the sum herein bid will be paid to any employees of the City of Boynton Beach as a commission, kickback, reward of gift, directly or indirectly by me or any member of my firm or by an officer of the corporation. By: ~ SIGNATURE Sworn and subscribed before me this 2- ~ day of . f.1 iA-j \.Ad T , 20 () 6 Printed Information: ~c....v- D. ~~\.J.)~ NAME ~~Y-\L- q ~)IV'- N TARY PUBLIC, State of Florida at Large \J \ c...t - ~~,~t:.tS, TITLE ~ --s: l<~~ ~ E.~~~~'~t~ ~C. COMPANY ~1j,#.~:fi:;;;.... . NILESH PARIKH ~~:8):i MY COMMISSION' DO 186174 '1.'J.'......,zl EXPIRES: February 20,2007 11R(.,fr.'" Bonded Thru NOiary Public Underwriters "OFFICIAL NOTARY SEAL" STAMP TillS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE AKA-I CONFIRMATION OF MINORITY OWNED BUSINESS A requested form to be made a part of our files for future use and information. Please fill out and indicate in the appropriate spaces provided which category best describes your company. Return this form with your bid proposal sheet making it an official part of your bid response. Is your company a Minority Owned Business? X No Yes If Yes, please indicate by an "X" in the appropriate box: ( ) AMERICAN INDIAN ( ) ASIAN ( ) BLACK ( ) HISPANIC ( ) WO~N ~ OTHER S N\ f\-LL ~U~\~~S~ (specify) ( ) NOT APPLICABLE Do you possess a Certification qualifying your business as a Minority Owned Business? YES If YES, Name the Organization from which this certification was obtained and date: Issuing Organization for Certification Date of Certification TillS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL MOB - 1 NO~ CONFIRMATION OF DRUG-FREE WORKPLACE IDENTICAL TIE BIDS Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the City of Boynton Beach or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug- free ~ workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: 1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of "maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), notify the employee that, as a condition of working on the commodities or contractual Services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than 5 days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by, any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that thi the above requirements. THIS P AGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE 1'0 BE CONSIDERED COMPLETE AND ACCEPTABLE DFW - 1 TRENCH SAFETY ACT AFFIDAVIT On October 1, 1990, House Bill 3183, known as the Trench Safety Act became law. This incorporates the Occupational Safety & Health Administration (OSHA) revised excavation safety standards, citation 29 CFR.S.1926.650, as Florida's own standards. The Proposer, by virtue of his signature below, affirms that he is aware of this Act, and will comply with all applicable trench safety standards. Such assurance shall be legally binding on all persons employed by the Contractor and his subcontractors. The proposer is also obligated to identify his anticipated method and cost of compliance with the applicable trench safety standards. PROPOSER ACKNOWLEDGES THAT INCLUDED IN THE VARIOUS ITEMS OF THE PROPOSAL AND IN THE TOTAL BID PRICE ARE COSTS FOR COMPLYING WITH THE FLORIDA TRENCH SAFETY ACT (90-96 LAWS OF FLORIDA). THESE ITEMS ARE A BREAKOUT OF THE RESPECTIVE ITEMS INVOLVING TRENCHING AND WILL NOT BE PAID SEPARATELY. THEY ARE NOT TO BE CONFUSED WITH BID ITEMS IN THE SCHEDULE OF PRICES, NOR BE CONSIDERED ADDITIONAL WORK. IN ORDER TO BE CONSIPERED RESPONSNE, THE PROPOSERS MUST COMPLETE* TIllS FORM, I.E. IDENTIFY THE COSTS AND METHODS SUMMARIZED BELOW, SIGN AND SUBMIT IT WITH THEIR BID DOCUMENTS. ~~ __ -r-. j " ~~ J...:'l t::~~~? ~ ," ~~ ...Ir-.klc..-, Name of Proposer *COMPLETION REQUIRES PROPOSERS TO FILL IN THE APPROPRIATE DETAILS UNDER THE FOLLOWING HEADINGS: Description )JIlt Unit Quantity Unit Price Extended Price Method ~ TillS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE TSA - 1 SAFETY PROGRAM COMPLIANCE Safety is a high priority in the conducting of business in the City of Boynton Beach. Preference shall be given to contractors with an established safety program following O.S.H.A. guidelines, and documented results establishing a safe working environment. 1. Bidder shall provide a copy of the Safety Program(s) to be in effect for the duration of the Contract (attach to the back of this form). 2. The City reserves the right to conduct periodic safety inspections of the contractor, subcontractor, employees, agents, etc. throughout the duration of the Contract. 3. The City reserves the right to terminate the Contract where it is determined that the contractor or subcontractor is in non-compliance of the safety terms, regulations or requirements established by O.S.H.A. or the State. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. THIS PAGE TO BE SUBMITTED ALONG WIm PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE z o ~ 2 ~ S ~ ~ z ~ 0 ~ ~ ~ ~ ~ 8 ~ ~ 00 p... ~ ,--, 00 ~ g E-! t--< Z U ; i ~ U ;g g3 p.':l lZl ~ ~ o ~ c.:> ~ E-! 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"""0 W Z ~ ~"""~ _ WI >-< ,~ () a ~ ~\O \ ~ 0 ~ ~ ~ j 000 1- ~t--<~ F ~ ~ 3 t--< (1 ~ o ~~ ~~ p...U ~~ gz~ Ou ~gs ~lZl Z j ~dJ f.G) d:j' t,J. 0 o \ ~ 0- f : a ~ <1. 1- ~I 10 " _ i i ~ . 8 o ~ \ ~ 1 J ~ ~ ~ct -- ~ I I 1 I I ! - r.:l p::..:l r.:l~ ~~ o~ ~ts ~< gs~ ~r.:l ~~ ~e5 ~~ ~~ C,,?u..... z~~ o~~ ~~~ AC/)C/) r-:lzC/) ~o ~u ~~ C/)O r.:l~ ~ts ~~ tsU <~ ~s ~: o j:;r., I 6963 Wilson Road West Palm Beach, FL 33413 General Contractor License # CGC 047088 Phone: 561-478-7445 Fax: 561-478-8471 List of References , Date Owners Name Proiect & Descriotion Contact Person Teleohone # 1994 City of West Palm Beach Curry Park Dean Laudermilk 561-659-8040 900 Lf of Boardwalk and 2 Fishing Piers 1995 City of West Palm. Beach Grassy Waters Boardwalk Dean LaudermiIk 561-659-8040 1500 LF ofBoardwaIk 1995 City of Lake Worth BxyantPark Reconstruction of 2 Boat Docks 2004 Palm. Beach County Green Cay Wetlands Mike Rawls 561-801-2349 6200 LF of Boardwalk 2005 City of West Palm. Beach Apoxee Park Steve Sarley 561-494-1040 1300 LF ofBoardwaIk 2006 City of Pembroke Pines Passive Park Jeny Rock 954-538-3653 500 LF of Boardwalk Contracts on Hand Drawdy Construction Co. Riverbend Park, Jupiter, FL Drawdy Construction Co. Seaview Development, Boynton Beach. FL City of Pembroke Pines Passive Park, Pembroke Pines, FL Native Technologies Jones Creek Phase ill, Jupiter, FL Resumefor John Rawn John Rawn 6963 Wilson Road West Palm Beach, FL 33413 Phone (561)478-7445 (561) 635-8469 November 1970 - November 1987 President and sole owner ofRawn Masonry Inc. doing all types of masonry work in the Palm Beach County, FL area with an annual business up to $800,000.00. Rinker Material Corp. being my major supplier where my account reached a maximum of$150,000.OO a month that was discounted every month that I owned the business. 1983 - 1986 I developed Suburban Pines Townhouses on Melalueca Lane in Lake Worth, FL under the corporate name ofRB.J. Enterprises Inc. Being the president and sole owner, I designed, developed, supervised, constructed and sold out 60 units completely by March 1986. Great Western Bank and Suburban Bank. did the fmancing of the $4,000,000.00 project. Area suppliers consisted ofW&W Lumber, A.D.P. Lumber, Rinker Material Corp., and Gulfstream Lumber. 1987 - 1990 On January 22, 1987 I formed D.PJ. Enterprises Inc. for the purpose of General Contractor Business. March 1987 I constructed 8 units on 5701 Dale Road, which consisted of four two-unit buildings. Complete package was sold for $270,000.00. March 1987 - July 1990 I built 10 homes on speculation and sold all within 30 days after receiving Certificate of Occupancy. Average home sold for $90,000.00. These homes were in the area of Floral Park. Lantana, and La Mancha in Royal Palm Beach, FL. July 1990 I contracted to build Chuck's Discount at 1125 North Dixie Highway, Lake Worth for Chuck Donath. Contract amount of $258,000.00 completed and received Certificate of Occupancy on November 1, 1990. November 21, 1990 I contracted with Michele and Joseph Barone to build 12 units on Davis Road and Melaleuca Lane in Lake Worth, FL. Contract amount of$36O,000.00, which consisted of 6 two-unit buildings complete package, ready for occupancy, which was fmalized on April 25, 1991. April 1990 - 1995 I purchased the land, designed, developed. and operated Lake Cypress Fishing Resort and RV. Park, 3301 Lake Cypress Road Kenansville, FL in Osceola County that consisted of 50 Lots and 4 rentals. I sold in 1995. August 1993 I constructed a home for speculation at 6379 Canoe Creek Road, Kenansville, FL that was sold in 1994 for $109,000.00 1995- Present Started J. Rawn Enterprises ~c. a general contracting business. I have contracted to build high-income single-family residences ranging from $400,000.00 to $600,000.00. I have also contracted to build commercial buildings ranging from $500,000.00 to $900,000.00. I have contracted with government agencies to construct boardwalks and buildings ranging from $400,000.00 to $850,000.00. Palm Beach County, City of West Palm Beach, and Town of Jupiter are some of the agencies I have worked for. This corporation has an average yearly gross income of$I,500,OOO.OO. Personal: 1995-2000 I purchased along with Ronald Orloff II acres on Wilson Road in West Palm Beach, FL. I developed 11 I-acre lots including improving the public road. I sold these lots with custom homes ranging from $300,000.00 to $600,000.00. This project was completed in 2000. 1998-2005 I purchased along with Ronald Orloff? acres in Greenacres, FL. I developed land including installing all public utilities for that street. I built three single-family homes and sold them within six months. I built one 3680sf office building, which is currently fully leased. I have contract for sale on this building for $500,000.00, closing is scheduled for October 28, 2005. On the same ? acres I built five duplexes, which are currently fully rented. There is also a contract for sale on all five for $250,000.00 each, closed on property on October 28,2005. 2000-Present I purchased 5 acres at 6690 Wilson Road West Palm Beach, FL with existing residence. I remodeled Residence and improved the property. I divided the property into two parcels, one 2 acre and one three acre parcel. 6690 Wilson Road, West Palm (561) 635-8470 Beach, FI 33413 Fax: (561) 478-8471 Jack Ra,^," 0bjediYe Construction Loan Experienee 1997-Present J. Rawn Enterprises Inc_ West Palm Beach, FL VICe President . Estimating for Projects Ranging in price from $100,000.00 to $900,000.00. . Project Manager on these Projects from High-end Single Family Homes to Commercial Buildings to Boardwalks and Buildings for Govemment Agencies. . Supervisor of all Company Employees 1997 West Palm Beach, FL Built SIngle Family Residence Independently . 899 Scott Drive, West Palm Beach, FL . Purchased Lot and Constructed a Single Family Home that Sold within two weeks from Completion, Financing for the Construction Loan for Home was provided by Fidelity Federal Bank and Trust. 1998 West Palm Beach, FL Built SIngle Family ResIdence 1................tIy . 2861 Marbil Street, West Palm Beach. FL . Purchased Lot and Constructed a Single Family Home that Sold within one month of Completion. First Community Bank provided financing for the Construction Loan for the Home. 2000 West Palm Beach, FL Built SIngle Family ResIdence Independently . 12fhTrail Royal Palm Beach. . Purchased.1 1/4 acre Lot and Constructed a Single Family Home. which sold within two weeks of Completion. Financing for Construction Loan was Provided by First COmmunity Bank 2001 Purchased 1 Y. Acre lot on Persimmon Blvd. · Paved Road . Built Spec Home, Started in May of 2006 . Home on the market for $469,000.00 Education 1990-1996 University of Florida Gainesville, FL . 1990 - 1993 AA, Associated Arts Valencia Community College Orlando, FL . Graduated 1996 Bachelors of Science in Building Construction. . Received Building Contractors License in 1999 License # CBC059038 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD 1940 NORTH MONROE STREET TALLAHASSEE FL 32399-0783 (850) 487-1395 RAWN, JOHN DANIEL J RAWN ENTERPRISES INC 6963 WILSON ROAD WEST PALM BEACH FL 33413 ,., .Srl\~9FFLQRIDA <'-AC#\:~b$~'2S8 D:EPAR'fMElf.I;'Q:F BqS.:t~~$S~ .. "'PROfJl;SSXQN'A.L '~EGTJ'~1:rO$. CGC047088,~7/1l,I06 068006648 ':~~fui'i~~:~\:_,:;::~:::',:~..,~~.rl~:', . '::":;'t':"~~:~::::\:'(;}"; ,__, _ ," -'-:' - .' _._ ' " ;:~~___-O ___. _ .- _._. - "'~i(:,:;,q~,~~:[;~,J:EP ...9J!:~~ qQ~RJ\,QTQ~'> )i~i;;'M;.WN' t',:.:.;rOHlii:O).N:J:~L ........ .............J; .'. ...; ...... . ':f~;:q:.:.; RA~\: ~m:'BR~R:rSBS):N'C . 1""':::::1", : ,,,: ' , ",; . ' .:.J ,~,1 ./../">:. -. :';:::.-:\0';-:" ~ ;':;Ip.~~_-CE~g:;t-F;ti;p_~~~~q!:a_~- tt~Et~:' PJ:!~Y~8~lol)8<""O~-; ~;;:~-;~~ ~'~-~-'t~ir.ti~~/ 4A~_~:~:::~UG; \~,l i:-~,-:2_cO:_Q;_8 - -~. /-:c :~i0607'-:t,~-O~.O~_fi~:-~ DETACH HERE C#"2 6.522 5:6 'i '. '-"~ ~,":'....~-\' ':,p> "b..L,..'" """,,,, "'.1,' ,.',' "\~ ,\i~ ~~. I' "_I .1,,~,1,:;':;.:'1 DATE FL .. -.~~~:Mtl~~II:;rt't!i, ;....i\.".' "';, I,>::,':.':;';;:', 'II' /',;'" ~\ J' P :.,~,'.\:}~~i '}.\F:~Y. ,:;' 'r:(}~~)\l' ,~- .-_-~, -, ; :,:.:;:S:r~QNE' MARSTILLE!~ ::'c.:,\; 's'ni'0SECRETARY ...... ill tJ ~ ~ lQ " lQ ~ ~ ~ lQ tJ lQ tJ ~ " :t lQ tJ :::J ~ ltI lLI ..J ltI ..J ~ ~ ..J 1J) ~ Ii. tJ ill tJ ~ La: o II tJ ~ , ~ I ~ U) W IJ. I- 0:: W U ui' bJ...; rl'li N. \lJ,,':' ,.lt1 Et~ n.g EtB ~~ ~ g bJ ~ > ~. ~ ~ II ~ ~ ~ ~ ~ . 0'1 ~~ ~~ ~~ ~""-1 ~..~ <::l t::S ~':::f ~ ::: ~ P::::t CO~ I <::l ~- 1'0 ""-1~ ~~. ~ ....... 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Rawn Enterprises Inc. 6963 Wilson Road West Palm Beach, FL 33413 GENERAL CONSTRUCTION Additional Safety and Health Work Practices and Procedures, Including Hazard Communication Monday, December 12,2005 J. Rawn Enterprises Inc. Management Safety Policy The management of this organization is committed to providing employees with a safe and healthful workplace. It is the policy of this organization that employees report unsafe conditions and do not perform work tasks If the work Is considered unsafe. Employees must report all accidents, injuries, and unsafe conditions to their supervisors. No such report will result in retaliation, penalty, or other disincentive. Employee recommendations to improve safety and health conditions will be given thorough consideration by this company. Management will give true attention to and provide the financial resources for the correction of unsafe conditions. Management will promote and Influence safe behavior. This will be accomplished by both positive reinforcement of correct and safe activity, and by disciplinary action for those who willfully or repeatedly work in an unsafe manner. Disciplinary action will take the form of 1) Written warning or, 2) Written warning and suspension without payor, 3) Termination of employment. Management reserves the right to terminate the employment of any employee at any time for violation of company policies. Management will participate in establishing and maintaining an effective safety program. This will include the following: . Holding all management and supervisory staff accountable for their safety responsibilities in their respective departments, jobs, crews or workplaces; . Providing safety and health education and training as needed; and . Reviewing and updating workplace safety policies, practices and performances. This policy statement serves to express this company's commitment to and involvement in providing our employees a safe and healthy workplace. This workplace safety and health program will be incorporated as the standard of practice for this organization. Compliance with these safe practices imd those of any regulatory a ency will be required of all employees as a condition of continued employ nt. B~22~ Date J. Rawn Enterprises Inc. Safety Plan Responsi bi' ities Senior Managers I Managers . Ensure that safety Is adequately budgeted for the department, job, etc. . Communicate safe work practIceS regularly within the department. . Attend departmental and company-wide safety meetings. . Formally recognize outstanding safety performance by any/all personnel. . Assist the supervisor/Superintendent or any other personnel with the safety process as needed or as requested. This can include formal workslte periodic inspections. . Uphold and enforce an known safe work practices. supervisors I superintendents . Ensure new-hire orientation is given to new employees, or is followed up at the work level . Ensure employees are giVen training that lildudes safe work practIceS on equipment, tools, machines, processes, etc. . Personally conduct--or designate a qualified personnel to conduct-- regular inspections of the workplace . Conduct frequent (dailY) work discussions prior to the start of work that Include safe work practices . Uphold and enforce safe work: practices. This includes influencing safe behavior by positive reinforcement such as recognition of worker's safe work performance, and/or monetary or gift awards for safe behavior. Enforcement action can also influence safe behavior when applied towards workers who blatantly perform unsafe acts, or who continually perform in an unsafe manner . Investigate all inddents and take immediate corrective action to prevent re-occurrence . provide safety meetings on a regular basis and require attendance of aU workers All Employees . Are to foHow safe work practices, and If they are unsure of what is the correct/safe way to perform a task or a job, they are to ask their foreman, supervisor or manager . Must immediately report an unsafe equipment or tools to their foreman, supervisor or manager. This Includes reporting unsafe behavior of other workers, if these workers are approached and remain unwilling to correct their unsafe actions or conditions. . Are to uphold the safe work practices this company has established . If injured on the job, or become ill, immediately Inform their supervisor, foreman or manager WORKSITE ANALYSIS . An work: areas, departments, and jobs need to be inspected on a regular basis to ensure safe work practices and safe and healthy conditions. For the most part, these inspections are to be conducted by the supervisor/Superintendent or hiS/her qualified and designated worker. Each Inspection may not be required to be formal (written) although regular written completed inspections will be expected. . This includes the purchase of new equipment or tools, or the re-working or retrofitting of workstations or equipment so as to ensure that safety and health is considered. . This can include the assessment of a workstation or process that may need to be fitted to the worker (ergonomiCS) so as to avoid Injury or illness. If approached by workers who appear to have a true concern regarding a safety or health issue, supervisors or managers need to act accordingly and give attention to the matter. All incidents (this includes property damage, equipment damage, inddents involving injury or illnesses, and near-miss type incidents) need to be investigated. In most cases, the department, job foreman or supervisor will complete this investigation. Managers will be involved as necessary or when requested. Incidents that involve injury and illnesses will be evaluated and analyzed for trends, common causes, and patterns so as to prevent further incidents. . . . HAZARD PRVENTION AND CONTROL . If feasible, engineering controls will be used first, rather than immediately providing personal protection equipment (PPE). . Safe work practices will be developed and employees will be trained on using these safe work practices to avoid injury and illnesses. This may include the implementation of task or job hazard analyses. . PPE will be provided as necessary, and its use enforced by Supervisory and Management staff . . If feasible, administrative controls, such as reducing the duration of exposure can be implemented. . EqUipment, tools, machines, trucks, vehicles, and structures/faalltles etc., need to be maintained in good working order by a continued preventative maintenance process. . All workers will be made aware of workplace emergency procedures. Training on this process will begin at orientation. Drills will be conducted periodically to assist in making all workers aware of the procedures in the event of an emergency such as fire or explosion. SAFETY AND HEALTH TRAINING safety and Health Orientation Workplace safety and health orientation begins on the first day of initial employment or job transfer. Each employee should have access to a copy of the written safety program, through his or her supervisor, for review and future reference, and will be given a personal copy of any safe work practices, polides, and procedures pertaining to his / her job. SuperviSOrs should question employees and should answer employees' questions to ensure knowledge and understanding of safe work practices, policies, and job-specific procedures. SuperviSOrs are responsible to Inform all employees that compliance with the safe work practices is required. Job-Specific Training . Managers, supervisors and Foremen should receive basic safety and health training as it relates to their positions . supervisors will initially train employees on how to perform assigned job tasks safely. . SuperviSOrs will carefully review with each employee any specific safe work practices, policies, and procedures that are applicable. . supervisors will observe employees performing the work. If necessary, the supervisor will provide a demonstration using safe work practices, or remedial Instruction to correct training deficiencies before an employee is permitted to do the work without supervision. . Were there any witnesses? What were their names? Old the witnesses provide statements of the incident? . What happened? ("Ladder kicked out and employee feU to floor", "forklift struck wall, wall collapsed.R) . What part of the body was affe<;ted by the Incident? (eye, ann, leg, fillgers, hand, etc.) And what was the nature of the Injury? (object In eyes, fractured ann, sprained leg, lacerated finger, cut in right hand, etc.). . What was the object or subStance that directly hanned the employee (If subStance/object is known). . Was the injury fatal? RECORD KEEPING PROCEDURES The company will control and maintain all employee accident and Injury records. ReCOrds are maintained for a minimum of fiVe (5) years foIlowlll9 the end of the year to which theY relate. The data on the Injury and Illness log and postill9 of the summary of work-related injuries and Illnesses will be In accordance with govemment regulations. The followlll9 will be included In the record keeping process: . 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D August 15,2006 July 31, 2006 (Noon) D September 6, 2006 August 14,2006 (Noon) D September 19, 2006 September 5, 2006 (Noon) Requested City Date Final Form Must be Commission MeetinQ Dates Turned in to Citv Clerk's Office [8J October 3, 2006 D October 17, 2006 D November 8, 2006 D November 21, 2006 D Announcements/Presentations D NATURE OF D Administrative D AGENDA ITEM ~ Consent Agenda D D Code Compliance & Legal D Settlements D Public Hearing D September 18, 2006 (Noon) October 2,2006 (Noon) October 16, 2006 (Noon) November 6, 2006 (NpOp) U) r>l -u .-~"---f ~=;~ -<:0 --- ....." - .'.J City Manager's Report Ul New Business Legal r-"-" '2;';:' ~l~CO ':-~. ~;: ,-;1(--, I..c.'") Unfinished Business ,....J RECOMMENDATION: Staff recommends Commission approval by Resolution R06-_ the following change to the Hurricane Housing Recovery Program's Hurricane Housing Assistance Plan (HHAP): · Increase the subsidy of the disaster prevention strategy from $5,000 to $10,000. EXPLANATION: The plan was written and submitted for approved in the aftermath of Hurricanes Frances and Jeanne in 2004. The damages Palm Beach County incurred after Hurricane Wilma in October of 2005 significantly increased the cost of construction materials to include hurricane prevention, i.e. shutters, windows, etc. The cap of $5,000 is no longer sufficient to allow for complete shutter protection for most houses. PROGRAM IMPACT: The disaster prevention strategy was written for the purpose of providing hurricane shutters to very low and low income single family homeowners to protect their property from storm damage. Most of these homes are older, and would suffer severe, if not destructive, damage should the City Of Boynton Beach ever be impacted by hurricane force winds and rain. FISCAL IMPACT: Funds for this program must be encumbered and spent within three (3) years. Increasing the amount of subsidy will enable this strategy. Leave the amount as written and not use the s~ City Manager's Signature ALTERNATIVES: Department of Development Community Improvement Division Department Name S:\Community I mprovement\Agenda Requests\2006\CC10-3DisasterPrevention$.doc 1 RESOLUTION R06- 2 3 A RESOI--,UTION OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, APPROVING THE CHANGES 5 TO THE CITY OF BOYNTON BEACH'S 6 HURRICANE HOUSING RECOVERY PROGRAM'S 7 HURRICANE HOUSING ASSISTANCE PLAN 8 (HHAP); AND PROVIDING AN EFFECTIVE DATE. 9 10 11 WHEREAS, the Hurricane Housing Assistance Plan was written and submitted 12 for approval in the aftermath of Hurricanes Frances and Jeanne in 2004; and 13 WHEREAS, after Hurricane Wilma, the cost of construction materials (including 14 hurricane prevention such as shutters and windows) significantly increased so that the cap 15 of $5,000.00 in no longer sufficient to allow for complete shutter protection for most 16 houses; and 17 WHEREAS, upon the recommendation of staff, the City Commission deems it to 18 be in the best interests, safety and welfare of the citizens and residents of the City of 19 Boynton Beach to approve the changes to the City of Boynton Beach's Hurricane Housing 20 Recovery Program's Hurricane Housing Assistance Plan (HHAP). 21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 22 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 23 Section 1. The foregoing "Whereas" clauses are true and correct and are 24 hereby ratified and confirmed by the City Commission. 25 Section 2. The City Commission of the City of Boynton Beach, Florida, 26 hereby approve the changes to the City of Boynton Beach's Hurricane Housing Recovery 27 Program's Hurricane Housing Assistance Plan (HHAP), namely increasing the subsidy of 28 the disaster prevention strategy from $5,000.00 to $10,000,00. S:\CA\RESO\Hurricanc Housing Assistance Plan ( 5 - IO).doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this _ day of October, 2006. ATTEST: CITY OF BOYNTON BEACH, FLORIDA Mayor - Jerry Taylor Vice Mayor - Carl McKoy Commissioner - Robert Ensler Commissioner - Mack McCray Commissioner - Muir C. Ferguson City Clerk (Corporate Seal) S:\CA\RESO\Hurricane Housing Assistance Plan ( 5 - 1O).doc J:7 '~."" .., . ~ CITY OF BOYNTON BEACH HURRICANE HOUSING RECOVERY (HHR) PROGRAM HURRICANE HOUSING ASSISTANCE PLAN HHAP for State Fiscal Years 2005/2006, 2006/2007, and 2007/2008 City of Boynton Beach Hurricane Housing Recovery (HHR) Program Hurricane Housing Assistance Plan 1. PROGRAM DESCRIPTION A. Palm Beach County 1. Base Allocation Request - $1,000,000.00 2. Extremely Low Income Request 3. Community Planning Request - City of Boynton Beach 4. Name of participating local government(s) or Qther agencies in the Community Planning Strategy- Palm Beach County, City of Boynton Beach; City of Delray Beach, City of West Palm Beach II. HHAP HOUSING STRATEGIES A. Owner-Occupied Housing Rehabilitation 1. Summary of the Strategy: This strategy provides 00/0 interest rate, deferred payment loans to assist very low, low, and moderate- income households to rehabilitate owner occupied single family units. This strategy furthers the City's Housing Element of its Comprehensive Plan by preserving the City's existing housing stock. Areas to be addressed will be interior and exterior building/electrical/plumbing problems in an effort to make them compatible with to current codes. Emphasis will also be placed on health, potential life threatening safety issues, as well as retrofitting items for those individuals with special needs. 1. Fiscal years covered: State Fiscal Years 2005/2006; 2006/2007; and 2007/2008. 2. Income Categories to be served: Very low, low, and moderate income households as defined by the U. S. Department of Housing and Urban Development (HUD) and adopted by the State of Florida and distributed annually by the Florida Housing Finance Corporation. 3. Maximum award as noted on the Hurricane Housing Goals Chart: The maximum award for this strategy is $40,000.00. However, the maximum amount is not automatically awarded, but rather the subsidy awarded will be the minimum amount required to make necessary repairs to bring the dwelling into compliance with the City's current code requirements. 1 .-- Household Size Very Low-Income Low-Income Moderate- Income # of Persons o - 50% of Median 51% - 80% of Median 81% -120% of Median Maximum Award $40,000 $40,000 $20,000 --.- 1 $22,000 $35,150 $52,800 2 $25,100 $40,200 $60,240 3 $28,250 $45,200 $67,800 4 $31,400 $50,250 $75,360 I i I 5 $33,900 $54,250 $81,360 ~ 6 $36,400 $58,300 $87,360 I 7 $38,950 $62,300 $93,480 8 $41,450 $66,300 $99,480 I J 4. Terms, Recapture, and Default: Assistance greater than $5,000 provided to eligible households in the form of a 0% interest, deferred payment loan secured by a promissory note forgivable over ten (10) years. Prorating of the loan award will occur at a rate specific to the duration of the note. Repayment of the full loan award will be immediately due to the City in the event any of the "qualifying events" occur prior to the expiration date of the note. The "qualifying event(s)" are considered to be: · Sale of the unit, or transfer of title (except for major healthcare expenses by one of the primary owners or by inheritance) · The assisted homeowner fails to continuously occupy the home · The unit is rented · The unit is refinanced without prior authorization of the City of Boynton Beach Repaid funds will be utilized in accordance with the approved Hurricane Housing Assistance Plan in effect at the time the funds are recaptured. If no "qualifying event(s)" occur prior to the expiration of the note, the loan is totally forgiven. In the event the homeowner wishes to refinance his or her first mortgage or take out an equity loan to make repairs or improvements, the City has developed an administrative policy pertaining to subordination requests. 5. Recipient Selection Criteria: In addition to being income eligible as described above, applicants must meet the following selection criteria: 2 . Applicant may not currently own or have assets exceeding $15,000, (monetary gifts and real estate are included in the asset calculations; retirement accounts are not); this does not include the value of the dwelling being rehabilitated; . The dwelling must be owner occupied; . Mortgage payments and taxes must be current 1 paid up to date; and . Applicant must have proof of current homeowners insurance. 6. Sponsor Selection Criteria, if applicable: NI A. 7. Additional Information: The home must be located within the City's municipal boundaries. The appraised value of the home may not exceed the maximum sales price allowed by the HHR program for existing units. The homeowner must agree to maintain the home free of any code violations after rehabilitation work is completed. B. Rental Acquisition &. Rehabilitation 1. Summary of the Strategy: This strategy is designed to provide financial assistance to developers and owners of rental housing serving very low, and low- income households. HHRP funds may be used for acquisition, site development, infrastructure improvements, rehabilitation, impact fees, construction costs, and for professional fees such as engineering, architectural, environmental and surveying. HHRP funds may not be used to pay rental subsidies. All HHRP assisted units must be occupied by income eligible families. 2. Fiscal years covered: State Fiscal Years 2005/2006; 2006/2007; and 2007/2008. 3. Income Categories to be served: Very low, and low- income households as defined by the U. S. Department of Housing and Urban Development (HUD) and adopted annually by the Florida Housing Finance Corporation. 4. Maximum award as noted on the Hurricane Housing Goals Chart: The maximum award for this strategy is $200,000. 5. Terms, Recapture, and Default: Assistance will be provided in the form of a fifteen (15) year, 0% interest forgivable deferred loan in an effort to preserve affordability. Assisted developments must commit to rent limits as established by HUD for the term of the mortgage. The housing must remain affordable, and income eligible persons must occupy all HHRP assisted units during the affordability period. If the 3 project ceases to remain affordable for the term of the loan, the entire unpaid balance is due and payable. 6. Recipient Selection Criteria: Applicants will be certified as very low and/or low income in order to be eligible, and will be served on a first come, first served basis. 7. Sponsor Selection Criteria, if applicable: Developer must meet the following selection criteria: · Designated 501@(3) non-profit organization under IRS guidelines; · Legally operating within the jurisdiction of the City of Boynton Beach and/or Palm Beach County; · Has demonstrated track record and production experience in the construction and delivery of affordable housing, and/or has proof of a partnership and/or contracted with person. or persons with required experience; · Possess a partnership agreement with the City of Boynton Beach to participate and further its goals in the delivery of affordable housing to the City's very low and low-income households; · Preference will be given to sponsors that employ personnel from WAGES and Workforce Development Initiatives programs; · Developer may be selected from a competitive bid process; and · Preference will be given to developers with projects designated to the elderly, and/or citizens with special needs. 8. Additional Information: N/ A C. Land Acquisition 1. Summary of the Strategy: This strategy will provide funds to acquire properties for future development by non-profit and public agencies. Properties will be acquired through deed and tax sales, foreclosure of government liens, and through private purchases. Properties will be donated to non-profit agencies that will access the City of Boynton Beach's HHR Program for the development of the property. 2. Fiscal Years Covered: State fiscal years 2005/2006: 2006/2007: and 2007/2008. 3. Income Categories to be served: Very low, low, and moderate income households as defined by the u.s. Department of Housing and Urban Development (HUD) and adopted by the State of Florida and 4 distributed annually by Florida Housing Finance Corporation for use in the HHR Program. 4. Maximum award as noted on the Hurricane Housing Goals Chart: The maximum purchase price for a buildable lot of record will be determined by the appraised value at the time of purchase. 5. Terms. Recapture and Default: The loan for the value of the land will be a 0% interest rate. The loan will be recaptured when the property is sold. 6. Recipient Selection Criteria: Applicants must be income eligible with incomes between zero and 1200/0 of median income as provided by the U S Department of Housing and Urban Development and adopted by the State of Florida and distributed annually by Florida Housing Finance Corporation. Applicants must meet the following criteria: · Must be first time homebuyer(s), which is defined as ./ Someone who has not owned a home during the previous three years ./ A divorced single parent who has been displaced within the 12 months prior to the time of application, and whose household includes children under the age of 18. ./ Displaced homeowners due to divorce, purchasing within incorporated Boynton Beach city limits. ./ A displaced victim of domestic abuse ./ A person displaced as a result of a government action (other than eviction from public housing; and those who have special needs according to Chapter 67.37.002(13) . · Applicant must have an accepted contract for a home, and have applied for a first mortgage with an approved lender · The applicant must have attended and completed an approved home buyer education course approved by the Community Improvement Division 7. Sponsor Selection Criteria: Eligible sponsors must meet the same criteria as outlined under Strategy B, Rental Acquisition and Rehabilitation. 8. Additional Information: NjA. 5 D. D~RerPrevention 1. Summary of the Strategy: The purpose of this strategy is to provide Florida Product Approved hurricane panels to very low, low and moderate income households who currently do not have any, and replacement of awnings that are not suitable to current City of Boynton Beach codes. 2. Fiscal Years Covered: State Fiscal Years 2005/2006; 2006/2007, and 2007/2008. 3. Income Categories to be served: Very low, low, and moderate income households as defined by the U.S. Department of Housing and Urban Development (HUD) and adopted by the State of Florida and distributed by the Florida Housing Finance Corporation for use in the HHR Program. 4. Maximum award as noted on Hurricane Housing Goals Chart: The maximum award for this strategy is $5,000 $10.000 per unit. 5. Terms. Recapture and Default: Assistance will be provided in the form of a grant as the price is expected not to exceed the $5,000 $10.000 threshold. Therefore, individual households will not be required to repay funds used for hurricane disaster prevention assistance. 6. Recipient Selection Criteria: In addition to being income eligible as described above, applicants will be served on a first-come, first served basis as long as funding is available. The residence must be located within the municipal boundaries of Boynton Beach. 7. Sponsor Selection Criteria: N/ A 8. Additional Information: Elderly applicants, and applicants who may be physically challenged will be allowed to obtain accordion awnings in order to alleviate the possibility of having to incur costs to have protection put in placed during the event of pending hurricanes. Otherwise, aluminum storm panelS will be installed. E. Disaster Relief 1. Summary of the Strategy: In the event of a natural disaster as declared by local, state, or federal government, HHRP funds will be used to leverage available federal and state funds to provide assistance to income eligible households for the purpose of repairing eligible housing. Assistance will be in the form of the purchase of emergency supplies for the purpose of weatherproofing damaged homes, interim repairs to avoid 6 further damage, tree and debris removal required to make the housing unit habitable, and post disaster assistance with non-insured repairs. 2. Fiscal Years Covered: State Fiscal Years 2005/2006; 2006/2007; and 2007/2008. 3. Income Categories to be served: Very low, low, and moderate income households as defined by the U. S. Department of Housing and Urban Development (HUD) and adopted by the State of Florida and distributed b the Florida Housing Finance Corporation for use in the HHR Program. 4. Maximum award as noted on the Hurricane Housing Goals Chart: The maximum award for this strategy is $8,000 per unit. 5. Terms, Recapture and Default: Individual households will not be required to repay funds used for disaster assistance as they will be in the form of a grant. In the event the City of Boynton Beach receives reimbursement from federal or state sources, such repair funds will be utilized in accordance with the approved Hurricane Housing Assistance Plan in effect at the time the funds are disbursed. 6. Recipient Selection Criteria: In addition to being income eligible as described above, applicants will be served on a first-come, first-serve basis, pending fund availability. Residence must be located within the municipal boundaries of Boynton Beach. 7. Sponsor Selection Criteria: N/A 8. Additional Information: This strategy will be implemented only in the event of a natural disaster, using any HHRP funds that have not been encumbered. III. EXTREMELY LOW INCOME STRATEGY A. Strategies from the Section II to be included to serve X-Low Income All strategies in section II will be available to extremely low- income persons. B. Recipient Selection Criteria Selection criteria to be used will be that as stated in Section II. C. Additional information: N/A 7 IV. COMMUNITY PLANNING STRATEGY A. Summary of the Strategy (including roles of the organizations involved) The City of Boynton Beach met formally on several occasions with Palm Beach County Department of Housing and Community Development, and the City of Delray Beach to discuss the various strategies available for this plan. Present also was staff from the Florida Housing Finance Corporation who provided technical assistance. Topics of discussion included the amount of funding available and the needs of our various communities, which ultimately helped to determine the funding required. B. Strategies from Section II to be included in Community Collaborations All strategies from Section II were included in the Community Collaborations. V. ADMINISTRATIVE BUDGET A. Administrative summary of expenses: Up to 15% of the allocation may be used for administrative expenses relating to direct program administration as shown below: Fiscal Year 2005/2006 Salaries and Benefits $140,400 Office Supplies and Equipment $ 2,100 $ 4,500 $ 3,000 $ NjA TOTAL $150 000 VI. OUTSTANDING COMPUANCE ISSUES WITH THE HHR PROGRAM & HOW THOSE ISSUES ARE CURRENTLY BEING ADDRESSED There are no outstanding compliance issues. VII. EXHIBITS A. Hurricane Housing Goals Chart (HHGC) for each fiscal year covered B. Certification Page C. Program Information Sheet D. Community Planning Documentation: Letters, resolutions, or interlocal agreements detailing the community planning agreement 8 !;\'fY 0;1:- {.... .................... '1'f!i.'- . .... - -- "'F O\~_H ,- - .-.u -;; ;- "'''- -"~ ?"ON () VI.-CONSENT AGENDA ITEM C.2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Dale Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office D August I, 2006 July 17,2006 (Noon.) ~ October 3,2006 September 18,2006 (Noon) D August 15, 2006 July 3 1,2006 (Noon) D October 17,2006 October 2, 2006 (Noon) D September 6, 2006 August 14,2006 (Noon) D November 8, 2006 October 16, 2006 (Noon) D September 19,2006 September 5, 2006 (Noon) D November 2 I, 2006 November 6, 2006 (Noon) D Announcements/Presentations D City Manager's Report NATURE OF D Administrative D New Business AGENDA ITEM ~ Consent Agenda D Legal D Code Compliance & Legal Settlements D Unfinished Business D Public Hearing D RECOMMENDATION: Approve Resolution No, 06-_ to authorize a Marketing & Events Cooperative agreement between the City and the Boynton Beach Community Redevelopment Agency (CRA) in the amount of $34, I 0 I. The CRA Board has already accepted this agreement. EXPLANA TION: In order to help improve the quality and variety of special events in the City, the City and the CRA have developed a marketing and events partnership in order to combine resources, ideas and efforts to plan events for the City and the CRA. This will be accomplished through a special events manager who, for administrative purposes, will be a CRA employee but who will report directly to both the City and the CRA. The City already successfully partners with the CRA on several special events, including Pirates of the Intracoastal, the City's holiday celebration and HeritageFest. This agreement would expand that partnership. The City will contribute the following sums to the Cooperative based on an annual salary of$55,000 for the special events manager: 49 percent, or $26,950, for salary for the period beginning October 1, 2006, to September 30, 2008, unless extended by the parties in writing, and 49 percent, or $7, I 51, for benefits for the same period, unless extended by the parties in writing, PROGRAM IMP ACT: The desired outcome is a more cohesive, comprehensive and effective approach to creating, producing and marketing special events that will facilitate economic development within the City. The initial term of the partnership is three years. A performance review will be conducted annually by the City Manager and the CRA Executive Director. It is estimated that this collaboration will result in a cost reduction of at least one-third for certain scheduled events in the amount of overtime budgeted for FY2006-07 and will reduce the number of man hours that would be necessary to produce them. There will also be an economy of scale from expanding publicity as the City and the CRA pool their advertising resources. In addition, it will facilitate marketing these events to potential sponsors. FISCAL IMPACT: Funds are available in the FY2006-07 Special Events Budget in account number 001-1213-519 salary and benefits line items, S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM W~n~~ ~~ Depa Head' Ignature AL TERNA TIVES: Continue as is with the inability to effectively grow our events. ity Manager's Signature Assistant to City Manager _ tIJt. Public Affairs Department Name City Attorney / Finance S\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM DOC 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 , RESOLUTION NO. R06- A RESOL\JTION OF THE Cl'fY COMMISSION OF BOYNTON BEACH, FLOroDA, Al'PROVlNG THE MARKE'flNG & EVENTS COOPERA'flVE BE'IWEEN 11IE Cl'fY OF BOYNTON BEACH AND THE BOYlnON BEACH COMM\JNl'fY REDEVELOPMENT AGENcY 1'0 COMBINE ltESO\JRCES, IDEAS AND EFFORTS TO PLAN EVENTS FOR THE Cl'fY AND CRA: AND PROVIDING AN EFFECTIVE DATE. WIlEREAS, lbe City of Boynton Beach and lbe Boyntort ,Beach community Redevelopmoot AgOOcy have developed a marketing and events partnership in order to 17 combine resources, ideas and efforts to plan evoots for lbe City and CRA; and WHEREAS, this Agreement won1d expand lbat partnership; and 18 WIlEREAS, lbe City commission of lbe City of Boynton Beach, upon 19 recommendation of staff, deems it to be in lbe best interests of lbe residoots and citizoos of lbe 20 City of Boynton Beach to approve lbe Marketing & Events Cooperative betWeen the City 0 21 Boynton Beach and Boynton Beach Community Redeve10pmoot Agency pennitt\ng the CRA 22 NOW, TIlEREFORE, BE IT RESOLVED BY TIlE CI'fY COMMISSION G 23 THE CI'fY OF BOYNTON BEACH, FLOroD'" THAT: 24 Each Whereas clause set forlh above IS true and correct 25 ~ction L. 26 incorporated herein by this reference. 27 ~ection b The City Commission of lbe City of Boynton Beach, Florida ' 2' hereby approve the Marketing & Evoots cooperative betweoo lbe City of Boynton Bead 29 lbe Boynton Beach community Redeve1upment AgenCY to help improve lbe qua1i!: 30 variety of special events in lbe City, a copy of said Agreement is attached hereto as ' S:\CA\RESO\Agreemenl5\CRA (Marketing & Even15).doc II I "A". 2 ~ection -1 That this Resolution shaJJ hecome effective immediately upon passage. 3 PASSED AND ADOPTED this day of October, 2006. -------- 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ATTEST: 22 23 24 City Clerk 25 26 27 (Corporate Seal) 28 29 CITy OF BOYNTON BEACH. FlORIDA Mayor - Jerry Taylor Vice Mayor- Carl McKoy Commissioner - Robert Ensler Commissioner - Mack McCray Commissioner - Muir C. Ferguson S:\CA IRESOIAgreementslCRA (Marketing & Events).doc I MARKETING & EVENTS COOPERATIVE BETWEEN THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY AND THE CITY OF BOYNTON BEACH THIS AGREEMENT is made and entered into this _ day of , 2006, by and between the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, hereinafter referred to as the "CRA," and the CITY OF BOYNTON BEACH, hereinafter referred to as the "CITY," (collectively referred to as "the parties"). WIT N ES SET H: WHEREAS, the CRA is a Community Redevelopment Agency created pursuant to Florida Statute Chapter 163 and has as its purpose the redevelopment of portions of the City of Boynton Beach located within its geographically designated redevelopment area; and WHEREAS, the City is a Florida municipal corporation; and WHEREAS, the parties hereto desire to enter into a Marketing and Events Cooperative in order to combine resources, ideas, and efforts to plan events for the CRA and the City. The parties propose to achieve this goal through the hiring of a "Special Events Manager." NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained the parties hereby agree as follows: I. Term. The term of this Marketing Cooperative shall be on a fiscal year basis commencing on October 1, 2006 and ending on September 30, 2009, unless extended in writing by the parties. 2. Staffing. The parties agree that the day-to-day affairs of the Marketing and Events Cooperative shall be administered by a staff person to be known as the "Special Events Manager." For employment purposes, the Special Events Manager shall be deemed to be an employee of the CRA and the CRA will be responsible for all compensation, insurance, taxes and reporting requirements relating to their employment except that the CITY will reimburse the CRA for its portion of the Special Events Manager's salaries and benefits as specified below. It is understood that this shared position shall assist both parties in administering their events regardless of the funding source. 3. Duties and Responsibilities. The duties and responsibilities of the Special Events Manager will generally be as follows: . Plan, develop, coordinate and market special programs and events for the City and CRA. . Coordinate City and CRA participation in and presence at special events citywide, including but not limited to Holiday Events (including holiday parade, holiday tree lighting flk/a A Season of Peace and Holiday concert), Heritage Fest (or its successor), Oceanfront Concert Series, Medieval Faire, Pirates of the Intracoastal, 4th of July Salute to Independence, and/or other programs that the City or CRA deem necessary, appropriate, desirable and consistent with the mission and vision of the Marketing & Events Cooperative. . Provide planning and coordination to the Events Committee, which shall consist of representation from the City's Public Affairs office, representation from the City's Recreation & Parks department and representation from the CRA, . Participate in meetings for special events, serve as a City and CRA resource to identify and address special events needs, issues and concerns and coordinate outreach plans to publicize and meet the needs of special events. . Other duties as assigned and/or defined in a complete job description. 4. Capital Contribution. The parties hereby agree to contribute to the Marketing and Events Cooperative the following sums based on an annual salary of Fifty Five Thousand Dollars ($55,000.00) in support of the Marketing and Events Cooperative for the term of this Agreement: A. CRA - The CRA agrees to contribute 51 % to the Marketing and Events Cooperative which equates to the sum of Twenty Eight Thousand and Fifty Dollars ($28,050.00) for the period beginning October I, 2006 to September 30, 2008, unless extended in writing by the parties. The CRA also agrees to contribute 51 % to the Marketing and Events Cooperative benefits package which equates to the sum of Seven Thousand Four Hundred Forty Three Dollars ($7,443.00) for the same period. B. CITY - The CITY agrees to contribute 49% to the Marketing and Events Cooperative the sum of Twenty Six Thousand Nine Hundred and Fifty Dollars ($26,950.00) for the period beginning October I, 2006 to September 30, 2008, unless extended by the parties in writing. The City also agrees to contribute 49% to the Marketing and Events Cooperative benefits package which equates to the sum of Seven Thousand One Hundred Fifty One Dollars ($7,151.00) for the same period. C. Joint events, defined as those events sponsored by and involving both the CITY and the CRA on an equal basis, will be shared in accordance with the 51/49 percent formulae for both expenses and revenues. Joint events are limited to the following CITY /CRA events: The Pirates of the Intracoastal, Holiday Fest, and Heritage Fest. All other events that are initiated by one party or the other will be the responsibility of the initiating agency for both expenses and revenues even though such events will be managed by the shared position described herein. 2 5. Fiscal Considerations. It is understood by the CITY and the CRA that salary and benefits for the above described position shall be paid in full by the CRA; whereupon, the CRA will bill the City with an itemized accounting of salary and benefits expended on a monthly basis using the 51/49 formulae. In addition, the expenses for the "joint events" will also be paid for by the CRA and the City will be invoiced after each event, based on the 51/49 % formulae. It is further understood that any revenue derived from any "joint event" shall be remitted to the CRA; whereupon, the CRA will remit to the City its share of monies as soon as possible using the 51/49 formulae. If, prior to the end of the fiscal year, the CRA has excess revenue that it cannot appropriate to any events expense, it shall remit those revenues to the City where they will be held in trust. 6. Performance Review. An annual performance review will be conducted on or before June 15th of each year this Agreement is in effect by the CITY Manager and the CRA Executive Director. Depending on the results of the performance review, the CITY Manager and CRA Executive Director may then recommend that the term of this Agreement be extended beyond the term set forth herein. 7. Office Location. The Special Events Manager shall maintain an office for the period of this Agreement at the CRA office located at 915 S. Federal Highway, Boynton Beach, Florida. 8. Applicability of Sunshine Law. The parties hereto agree that the conduct of the affairs of the Marketing and Events Cooperative shall be in accordance with Chapter 286.01 I, Florida Statutes, governing the Sunshine Law and that the records of the Marketing and Events Cooperative shall be deemed Public Records pursuant to Chapter 119, Florida Statutes, and administered accordingly. 9. Governing Law. This Marketing and Events Cooperative shall be governed by and construed in accordance with the laws of the State of Florida. 10. Severability. If any provision of this Agreement or application thereof to any person or situation shall to any extent, be held invalid or unenforceable, the remainder of this Agreement, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable shall not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent permitted by law. I I . Entire Agreement. This Agreement constitutes the entire understanding of the parties regarding the position of the Special Events Manager and any previous agreements, whether written or oral, are hereby superseded by this Agreement. This Agreement may be modified in accordance with paragraph 10 below. 12. Modification of Agreement. This Agreement may be modified upon mutual consent of the parties only in writing. 13. Binding Authority. Each person signing this Agreement on behalf of either party individually warrants that he or she has full legal power to execute this 3 Agreement on behalf of the party for whom he or she is signing, and to bind and obligate such party with respect to all provisions contained in this Agreement. 14. Disputes. In the event of any dispute arising among the parties with respect to the interpretation or the respective rights or obligations provided for by this Agreement, the same shall be resolved by mediation with such mediation to be conducted between the City Attorney and the CRA Attorney. If mediation is unsuccessful, any and all legal actions necessary to enforce this Agreement will be conducted in Palm Beach County, Florida. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power or remedy hereunder shall preclude any other or further exercise thereof 15. Interpretation. This Agreement shall not be construed more strictly against one party than against the other merely by virtue of the fact that it may have been prepared by counsel for one of the parties. 16. Notices. Any and all notices required or permitted to be delivered pursuant to the terms of this Agreement shall be effective upon receipt, but in any event no later than three (3) days after posting by U.S. Mail, certified or registered, postage prepaid or one (1) day after delivery to an expedited courier service such as Federal Express to the addresses listed below. Any of the parties described herein may change their address by giving notice to all other parties set forth in this subsection. If the CITY: City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, Florida 33425 Attention: Kurt Bressner, City Manager With a copy to: James A. Cherof, City Attorney 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 If the CRA: Boynton Beach Community Redevelopment Agency 915 S. Federal Highway Boynton Beach, Florida 33435 Attention: Lisa A. Bright, Executive Director With a copy to: Kenneth G. Spillias, Esquire Lewis, Longman & Walker, P.A. 1700 Palm Beach Lakes Boulevard, Suite 1000 West Palm Beach, Florida 33401 17. Effective Date, This Agreement shall become effective on the date 4 last signed by the parties. BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY By: Chairman Date: Attested by: Secretary CITY OF BOYNTON BEACH By: Mayor Date: Attested by: Secretary L\Client Documents\Boynton Beach CRA\2419-000\Agreements\Marketing & Events Cooperative Agreement FINAL.doc 5 ~'4"Y 0,0- '-"-t:-"'" '. (.... c-.\ \)lc\;. ."~1C j...'-iC;J~ /11 :;:-- -;.;;' -,-<,~ {:. 'ON 'y VI.-CONSENT AGENDA ITEM C.3 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Meeting Dates in to Citv Clerk's Office Requested City Commission Meeting Dates Date Final Form Must be Turned in to Citv Clerk's Office September 5, 2006 (Noon) lit October 3, 2006 o October 17, 2006 o November 8, 2006 o November 21, 2006 September 18,2006 (Noon) o August I, 2006 o August 15,2006 o September 6, 2006 Q September 19,2006 July 17,2006 (Noon.) July 31, 2006 (Noon) October 2, 2006 (Noon) August 14,2006 (Noon) October 16,2006 (Noon) ,.---:-; .--) c-~ November 6, 2006 (Noon);.) ....--..::~ C:-.t . ., {.o'.... '1 c-_~ 0 Announcements/Presentat ions 0 City Manager's Report NATURE OF 0 Administrative 0 New Business r~ "_"J AGENDA ITEM ~ Consent Agenda 0 Legal 0 J.:- Code Compliance & Legal Settlements 0 Unfmished Business 0 Public Hearing 0 -'.~'~ .--. f"q ,:-'-, ~~ r~"~-J RECOMMENDA TION: Approve and execute, via a Resolution, the lnterloc.al Agreement between the City and the School Board of Palm Beach County for the mutual use of facilities. EXPLANATION: The purpose of the agreement is to enable the School Board and the City to utilize each other's recreational facilities and provide a procedure for authorizing the use of the School Board's recreation facilities by City-affiliated recreation groups and organizations. PROGRAM IMPACT: The School Board and the City agree to make facilities available for use according to Priority of Use (as defined in the agreement) at no cost or expense, except as otherwise provided for in the agreement. ., FISCAL IMPACT: N/A . -- --1 C.,} -. "'.. AL TERNA TIVES: ement -'" C) ... ..;-, " :-," Lt; --1 ,,'::J ~2' Recreation & Parks Department Name Assistant to City Manager '\ -- c. _ .. City Attorney I Finance ., ,.~ r:~ C~; .'c) S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC '\ 1 2 3 4 5 6 7 8 9 10 11 12 RESOLUTION R06- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MA YOR AND CITY CLERK TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE SCHOOL BOARD OF PALM BEACH COUNTY FOR THE MUTUAL USE OF RECREATIONAL FACILITIES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, it is the desire of the City and the School Board of Palm Beach 13 County to enter into an Interlocal Agreement for the mutual use of recreational facilities; 14 and 15 WHEREAS, the School Board and the City recognize the benefits of utilizing 16 each other's facilities thereby minimizing the duplication of facilities; and 17 WHEREAS, the purpose of this Agreement is to enable the School Board and 18 City to utilize each other's recreational facilities and provide a procedure for authorizing 19 usage; 20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 21 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 22 Section I. The foregoing "Whereas" clauses are hereby ratified and 23 confinued as being true and correct and are hereby made a specific part of this 24 Resolution upon adoption hereof 25 Section 2. Upon recommendation of staff, this Commission does hereby 26 authorize and direct the City Manager to execute the lnterlocal Agreement between the 27 City of Boynton Beach and School Board of Palm Beach County, a copy of which is 28 attached hereto as Exhibit "A". S:\CA\RESO\Agreements\lnterlocals\lLA - School Board - recreational facilities 2006.doc 2. Purpose. The purpose of this Agreement is to enable the Board and City to utilize each other's recreational facilities and provide a procedure for authorizing the use of the Board's recreational facilities by City-affiliated recreation groups and organizations that have been approved by the parties. 3. Definitions. A. "Board Facilities" and "Board Facility" mean facilities owned or operated by the Board that are made available for public use by the Board and are used primarily for recreational activities, excluding facilities that are leased, licensed or under the contractual control of others. The terms "Board Facilities" and "Board Facility" shall include, gymnasiums; playgrounds; swimming pools; tennis, racquetball and basketball courts; athletic fields; and tracks. The terms "Board Facilities" and "Board Facility" shall also include classrooms and classroom facilities when used by the City for the purpose of conducting City run summer camp programs. B. "City Facilities" and "City Facility" mean facilities owned or operated by the City that are made available for public use by the City and are used primarily for recreational activities, excluding facilities that are leased, licensed or under the contractual control of others. The terms "City Facilities" and "City Facility" shall include, parks; wrestling rooms; gymnasiums; pavilions; community center; playgrounds; swimming pools; tennis, racquetball and basketball courts; and athletic fields. C. "City Manager" means the City Manager of the City of Boynton Beach, Florida or his/her designee, D. "Facilities" means the Board Facilities and City Facilities. E. "Priority of Use" means the priority of uses when there are conflicting requests for the use of a Facility. For Board Facilities, the Priority of Use shall be as follows: 1. Board activities and programs or Board Facility lease agreements; and 2. County activities and programs pursuant to the Interlocal Agreement entered into by the Board and Palm Beach County dated October 15, 2003; 2 3. City or City Recognized Recreation Provider activities and programs pursuant to this Agreement. For City Facilities, the Priority of Use shall be as follows: 1. City or City Recognized Recreation Provider activities and programs or City facility rental agreements; and 2. Board activities and programs pursuant to this Agreement. F. "Recognized Recreation Provider" mean an organized recreation group or organization identified in the attached Exhibit "A", which may be amended or supplemented from time to time upon the mutual agreement of the Board's Chief Operating Officer and the City Manager, without formal amendment hereto. 4. Use of Facilities by the Parties. A. The Board agrees to make the Board Facilities available for use by the City according to the Priority of Use at no cost or expense to the City, except as otherwise provided for in this Agreement. The City's use of the Board Facilities shall be subject to and in accordance with: (i) the terms and conditions of this Agreement; (ii) the Board's rules, regulations and policies governing the use of the Board Facilities; (iii) any grant or bond obligations pertaining to the use of any of the Board Facilities; and (iv) all applicable local, state and federal laws. The classrooms and classroom facilities shall be used solely by the City for City run summer camp programs during the time that school is not in session, Monday through Thursday, 7 A.M. to 6:30 P,M. Due to Board Facilities being closed on Fridays during the summer, the classrooms and classroom facilities shall not be available on Fridays unless the City enters into a separate agreement with the School Board addressing issues such as fees for opening and closing the classrooms and classroom facilities, utilities and cleaning/maintenance. In the event that any such Board Facilities are unavailable for use by the City as a result of the need for unscheduled maintenance, emergency repairs or the occurrence any force major event, there shall be no liability for any proximate, direct or indirect loss, damage, cost or injury suffered by the City, other than to refund of any funds paid in advance for the use of the Board's Facility, B. The City agrees to make available the City Facilities for use by the Board according to the Priority of Use at no cost or expense to the Board, except as otherwise 3 provided for in this Agreement. The following public schools are eligible to request use of City Facilities pursuant to this Agreement: 1. Galaxy Elementary School 2. Rolling Green Elementary School 3. Poinciana Elementary School 4. Forest Park Elementary School 5. Crosspointe Elementary School 6. Congress Middle School 7. Boynton Beach High School The Board's use of the City Facilities shall be subject to and in accordance with: (i) the terms and conditions of this Agreement; (ii) the City's rules, regulations and policies governing the use of the City's Facilities; (iii) any grant or bond obligations pertaining to the use of any of the City Facilities; and (iv) all applicable local, state and federal laws. C. The City shall submit all requests for use of the Board Facilities in writing on the form attached hereto as Exhibit "B" to the Principal responsible for the management of the Board Facility or his or her designee no less than thirty (30) days prior to the date that the City desires to use the Board Facility. The Board shall be responsible for ensuring that a written response to the request is provided to the City within fifteen (15) days of the date ! of the request. In the event a request is denied, the reason for denial shall be stated in the written response. D. The Board shall submit all requests for use of the City Facilities in writing on the form attached hereto as Exhibit "B" to the City's Recreation and Parks Director, no less than thirty (30) days prior to the date that the Board desires to use the City Facility. The City shall be responsible for ensuring that a written response to the request is provided to the Board within fifteen (15) days of the date of the request. In the event a request is denied, the reason for denial shall be stated in the written response. E. The Board and City acknowledge the waiver of sovereign immunity for liability in tort contained in Florida Statutes Section 768.28, the State of Florida's partial waiver of sovereign immunity, and acknowledge that such statute permits actions at law to recover damages in tort for money damages up to the limits set forth in such statute for death, 4 personal injury or damage to property caused by the negligent or wrongful acts or omissions of an employee acting within the scope of the employee's office or employment. The Board and City agree to be responsible for all such claims and damages, to the extent and limits provided in Florida Statutes Section 768.28, arising from the actions of their respective employees, The parties acknowledge that the foregoing shall not constitute an agreement by either party to indemnify the other, nor a waiver of sovereign immunity, nor a waiver of any defense the parties may have under such statute, nor as consent to be sued by third parties. F, Without waiving the right to sovereign immunity, the parties acknowledge that they are self-insured for commercial general liability and automobile liability in the amounts specified in Florida Statutes Section 768.28, as may be amended from time to time. In the event either party maintains third-party commercial general liability or business automobile liability insurance in lieu of exclusive reliance on self-insurance, the party maintaining the third-party insurance shall maintain limits of not less than Five Hundred Thousand Dollars ($500,000) combined single limit for bodily injury or property damage and shall add the other party as an additional insured to the commercial general liability policy, but only with respect to negligence arising out of this Agreement that is not a result of the other party's negligence. The additional insured endorsement for the City shall read "City Commission of the City of Boynton Beach, Florida, its Officers, Employees and Agents". The additional insured endorsement for the Board shall read "The School Board of Palm Beach County, Florida, its Officers, Employees and Agents". The parties agree additional insured endorsements shall provide coverage on a primary basis. Claims-bill tailored coverage shall not be considered third-party liability coverage for purposes of this Agreement. The parties agree to maintain or to be self-insured for worker's compensation and employer's liability insurance in accordance with Chapter 440, Florida Statutes, as may be amended from time to time. Each party agrees to provide the other party with an affidavit or certificate of insurance evidencing insurance, self-insurance and/or sovereign immunity status, which the parties agree to recognize as acceptable for the above-referenced coverages. Compliance with the requirements of this paragraph shall not relieve the parties of their liability and obligations under this Agreement. 5 G. Each party agrees to provide adequate supervision of its own activities to prevent bodily harm to the users and damage to the Facilities, taking into consideration the types of activities planned, when using the other's Facilities. When aquatic facilities will be included in the Facilities to be utilized, the party using the Facility shall provide supervisors certified in Lifeguard Training in addition to any other supervision required hereunder. H. In the event the Facilities are damaged, the party using the Facilities of the other party shall promptly notify the other party in writing of the damage and shall reimburse the other party for the actual costs to repair the damage. Reimbursement shall be made within sixty (60) days of a written request for reimbursement of costs. I. The Facilities shall be surrendered by the party using the Facilities of the other party in the same condition as they were accepted and shall cause to be removed from the Facilities all waste, garbage and rubbish resulting from such party's use of the Facilities. J. The Board acknowledges and agrees that the City may charge a fee for: 1. Use of the City's pool, including the water park, for summer and after- school programs; 2. Use of the City's picnic pavilions on holidays and weekends; 5. Use of Board Facilities by City RecoQnized Recreation Providers. A. The Board agrees to make the Board Facilities (excluding classrooms and classroom facilities) available for use by the City Recognized Recreation Providers at no cost or expense to the City Recognized Recreation Providers according to the Priority of Use, except as otherwise provided for in this Agreement. Use of the Board Facilities by the City Recognized Recreation Providers shall depend on availability and shall be subject to and in accordance with: (i) the terms and conditions of this Agreement; (ii) the Board's rules, regulations and policies governing the use of Board Facilities; (iii) any bond or grant obligations pertaining to the use of the Board Facilities; and (iv) all applicable local, state and federal laws. B. Prior to being granted access to any of the Board Facilities, each City Recognized Recreation Provider'shall be required to obtain a Facility Use Permit from the 6 City, The Facility Use Permit shall, at a minimum, require the City Recognized Recreation Provider to: 1. provide proof of insurance for such coverages and amounts as may be required by the Board's Director of Employee Benefits and Risk Management when Board Facilities are to be utilized and name the Board as an additional insured; 2. protect, defend, reimburse indemnify and hold the Board, its agents, employees and elected officers harmless from and against all claims, liability, expenses, costs, damages and causes of action of every kind or character, including attorney's fees and costs, whether at trial or appellate levels or othelWise, arising from or in anyway connected to the City Recognized Recreation Provider's use of the Board Facilities; 3. provide adequate supervision of its own activities to prevent bodily harm to the users or damage to the facilities, taking into consideration the types of activities planned; 4. return the Board Facilities in the same condition as they were accepted and to remove all waste, garbage and rubbish resulting from the City Recognized Recreation Provider's use of the Board Facilities; 5. notify the Board of any damage to the Board Facilities resulting from the City Recognized Recreation Provider's use of the Board Facilities and reimburse the Board for the actual costs to repair the damage; and C. The Facility Use Permit issued by the City shall also indicate that the Facility Use Permit may be revoked or suspended by the City and the Board may deny access to the Board Facilities for failure to comply with the terms and conditions of the Facility Use Permit. D. The City Recognized Recreation Providers shall be required to submit all requests for use of the Board Facilities in writing in the form attached hereto as Exhibit "B" to the City Manager no less than forty five (45) days prior to the date the City Recognized Recreation Provider desires to use the Board Facility. The City Manager shall coordinate scheduling of the use of the Board Facility with the Principal responsible for the management of the Board Facility or his or her designee. The Board shall be responsible for ensuring that a written response to the request is provided to the City Manager within 7 fifteen (15) days of the date of the City Manager's request. In the event a request is denied, the reason for denial shall be stated in the written response. E. Notwithstanding any provision of this Agreement to the contrary, neither party shall be obligated to make their Facilities available for use by the other for tournaments or any events where admission or concession fees or charges will be collected or imposed. 6. Maintenance/Repair of Facilities. The parties acknowledge and agree that either party may deny a request for use of a Facility to perform maintenance or repairs to the Facility. 7. Notification of Responsibilities under Aqreement. The Board agrees to notify the Board's Principals of the terms and conditions of this Agreement and the Board's commitment to make the Board Facilities available to the City and City Recognized Recreation Providers in accordance with the Priority of Use. 8. Dispute Resolution. In the event an issue arises which cannot be resolved between the Board's Principal and the City Manager regarding the use or availability of a Facility, the dispute shall be referred to the Board's Chief Operating Officer and the Assistant Director, Community Services Department who shall both make a good faith effort to resolve the dispute. 9. Acceptance of Facilities. Neither party shall be required to make any improvements or repairs to the Facilities as a condition of use of the Facilities by the other party or City Recognized Recreation Providers. The parties and City Recognized Recreation Providers shall accept the Facilities in their "As is", "Where is" condition. The parties acknowledge and agree that neither party has made any warranties or representations to the other party regarding the Facilities, including, but not limited to, any representations or warranties regarding the suitability of the Facilities for use by the other party or City Recognized Recreation Providers. 10. License. Notwithstanding any provision of this Agreement to the contrary, the use the Facilities by either of the parties or the City Recognized Recreation Providers shall only amount to a license to use the Facilities on a non-exclusive basis, which license shall be 8 revocable by the party licensing the use for any reason whatsoever. The parties agree that nothing in this Agreement shall be construed as granting either party or the City Recognized Recreation Providers any title, interest or estate in the Facilities. 11. Default. The parties agree that, in the event either party is in default of its obligations under this Agreement, the non-defaulting party shall provide to the defaulting party thirty (30) days written notice to cure the default. In the event the defaulting party fails to cure the default within the thirty (30) day cure period, the non-defaulting party shall be entitled to seek any remedy available to it at law or equity, including, but not limited to, the right to terminate this Agreement and seek damages, if any. 12. Termination. Notwithstanding any provision of this Agreement to the contrary, this Agreement may be terminated by either party: (i) without cause upon thirty (30) days prior written notice to the other party or (ii) with cause upon the expiration of the thirty (30) day cure period provided for in Section 11 above. 13. Annual Appropriation. Each party's performance and obligations under this Agreement shall be contingent upon an annual budgetary appropriation by its respective governing body for subsequent fiscal years. 14. Notice. All notices required to be given under this Agreement shall be deemed sufficient to each party when delivered by United States Mail to the following: IF TO CITY: City Manager, City of Boynton Beach P.O. Box 310 Boynton Beach, Florida, 33425-0310 IF TO BOARD: School District of Palm Beach County Director, Real Estate Services Department 3318 Forest Hill Boulevard West Palm Beach, Florida 33406-5813 9 15. GoverninQ Law and Venue. This Agreement shall be construed by and governed by the laws of the State of Florida. All legal action necessary to enforce the Agreement will be held in Palm Beach County. 16. Subordination to Bond and Grant ObliQations. The parties acknowledge that certain Facilities may be subject to bond covenants and restrictions or grant obligations and agree that this Agreement shall be subject and subordinate to any such covenants, restriCtions and obligations. Notwithstanding any provision of this Agreement to the contrary, the parties shall not be obligated to make any Facility available for use by the other party or City Recognized Recreation Providers in a manner which either party has determined, in its sole discretion, would be contrary to any of its bond or grant obligations, including, but not limited to, making any of the Facilities available at no cost when such an action would be contrary to either party's bond or grant obligations. 17. Equal Opportunity Provision. The parties agree that no person shall, on the grounds of race, color, sex, national origin, disability, religion, ancestry, marital status, or sexual orientation be excluded from the benefits of, or be subjected to any form of discrimination under any activity carried out by the performance of this Agreement. 18. Captions. The captions and section designations set forth herein are for convenience only and shall have no substantive meaning. 19. Severability. In the event that any section, paragraph, sentence, clause, or provision of this Agreement is held by a court of competent jurisdiction to be invalid, such shall not affect the remaining portions of this Agreement and the same shall remain in full force and effect. 20. Entirety of Aqreement. This Agreement represents the entire understanding between the parties, and supersedes all other negotiations, representations, or agreements, either written or oral, relating to this Agreement, including but not limited to, that certain Interlocal Agreement 10 Between the City and Board for the Mutual Use of Recreational Facilities dated April 20, 2004, Notwithstanding the foregoing, the City and the Board recognize the existing agreement between the City and the Board dated November 6, 2002, titled "Interlocal Agreement Between The City Of Boynton Beach And The School Board For The Mutual Use Of Public Facilities Between The City And Boynton Beach Community High School" (referred to as the "November 6,2002 Agreement"). The November 6,2002 Agreement is in no way superceded, altered or diminished by this Agreement, and in the event of any conflict of terms between the November 6, 2002 Agreement and this Agreement, the terms of the November 2, 2002 Agreement shall prevail. 21. Incorporation by Reference. Exhibits attached hereto and referenced herein shall be deemed to be incorporated into this Agreement by reference. 22. Amendment. Except as otherwise provided for in this Agreement, this Agreement may be modified and amended only by written instrument executed by the parties hereto. 23. Waiver. No waiver of any provision of this Agreement shall be effective against any party hereto unless it is in writing and signed by the party waiving. such provision. A written waiver shall only be effective as to the specific instance for which it is obtained and shall not be deemed a continuing or future waiver. 24. Construction. Neither party shall be considered the author of this Agreement since the parties have participated in extensive negotiations and drafting and redrafting of this document to arrive at a final Agreement. Thus, the terms of this Agreement shall not be strictly construed against one party as opposed to the other party based upon who drafted it. 25. Filinq. A copy of this Agreement shall be filed with the Clerk of the Circuit Court in and for Palm Beach County pursuant to Section 163.01 (11), Florida Statutes. 11 26. Effective Date/Term. This Agreement shall become effective when signed by the both the parties, and filed with the Clerk of the Circuit Court in and for Palm Beach County. The term of this Agreement shall be for a period of one (1) year and shall be automatically renewed up to four (4) additional consecutive one (1) year terms, unless either party provides a written notice of non-renewal to the other party thirty (30) days prior to the expiration of the then current term. IN WITNESS WHEREOF, the parties hereto have affixed their signatures on the day and year first above written. CITY OF BOYNTON BEACH, By: SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA By: Jerry Taylor, Mayor Thomas E. Lynch, Chairman ATTEST: ATTEST: Janet Prainito, City Clerk Arthur C. Johnson, Ph.D. Superintendent of Schools Date: Date: APPROVED AS TO FORM AND LEGAL SUFFICIENCY City Attorney APPROVED AS TO FORM AND LEGAL SUFFICIENCY ~k. ~ r/;,/O( School Board Attorney 12 EXHIBIT "A" City Recognized Recreation Providers 1. City of Boynton Beach Sponsored Events 2. Boynton Beach Little League 3. Boynton Beach Police Athletic League (PAL) 4. Caloosa Park Softball Club 13 THE CITY OF BOYNTON BEACH AND THE SCHOOL BOARD OF PALM BEACH COUNTY INTER-LOCAL FACILITY REQUEST FORM I EXHIBIT "B" I Date Contact Person School Name (if applicable) Phone Number Fax Number Other Contact Number Address City State/ZIP FACILITY REQUEST: Choice #1 Choice #2 Activity Age Group Estimated Attendance: Participants: Spectators: Tota]: Mark appropriate day(s) facility will be needed: DMonday DTuesday DWednesday DThursday DFriday o Saturday DSunday Date(s): Time(s): From: am/pm to am/pm o New Request o Repeat Request: Date and location of previous use: Other pertinent information (as necessary): ___. o Requesting Principal o Director of Recreation Services Date ................................................................................................................................. o Approve [J Disapprove Reason if disapproved: o Principal o Director of Recreation Services Date ]4 ."~\.'\.Y.o... I./~-' \ i . \ :: . , .\- 00 ~ /;.;. )-.;?--:.. ...,~{~,.1 u v"'} ~ VI.-CONSENT AGENDA ITEM C.~ CITY OF BOYNTON.BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office 0 August I, 2006 July 17,2006 (Noon.) ~ October 3,2006 September 18,2006 (Noon) 0 August 15, 2006 July 31,2006 (Noon) 0 October 17, 2006 October 2, 2006 (Noon) .-) ,- - -... --".., 0 0 {'-I . --<. September 6, 2006 August 14,2006 (Noon) November 8, 2006 October 16, 2006 (Noon)' -<(~ (/? .-, '. 0 September 19,2006 September 5, 2006 (Noon) 0 November 21, 2006 November 6, 2006 (Noon) C"J .---.,.'----::; \.J'i ."1 --~ 0 Announcements/Presentations 0 City Manager's Report NATURE OF 0 Administrative 0 New Business -- -~~~ '(:, " AGENDA ITEM ......., ""--" ~ Consent Agenda 0 Legal "f1:1n - --- D. Code Compliance & Legal Settlements 0 Unfmished Business 0 Public Hearing 0 RECOMMENDATION: Motion to approve and authorize the execution of a Resolution for Amendment No. 1 to Task Order U-04-18-2, Stanley Consultants, Inc. in the amount of $49,857. Amendment No.1 provides for conversion of existing utility base maps to a new AutoCAD standard. EXPLANATION: Stanley Consultants is assisting the City with an update of the AutoCAD maps for the entire water distribution, wastewater collection and pumping, stormwater, and reuse systems. As part of the process, a new AutoCAD standard has been developed. The standard covers file structure, layer naming, attributes, symbology, line styles, text styles, and dimension styles. Utility data is stored on continuous drawings that cover the entire service area. In addition, the AutoCAD standard allows for conversion to GIS for use by other City departments, while maintaining utility data in a CAD format. Task Order U-04-18-2, approved by City Commission on September 6, 2005, included services for development of an AutoCAD standard, work flow process, conversion of the base maps, and training. At the direction of the Utilities Department, the conversion process to date was applied to four new development projects: NE 17th Avenue, Surf Road Area, Canterbury Townhomes, and Quantum Park Townhomes. This effort provided valuable information on the amount of time required to convert existing drawings and data to the new AutoCAD standard. S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC Sl\~y-o...,. / ..\ IP \. ... J ::r 0\- I.J ;. .",.~ .. ..... '" ,- j~ "'1'0 N ",,'" CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM PROGRAM IMPACT: Amendment No.1 to Task Order U-64-18-2 will provide the following professional services: . Convert thirty-nine (39) existing utility base maps to the new standard for water, wastewater, stormwater, and reuse water utility infrastructure. . Attend monthly progress meetings to review project progress. . Submit updated base maps in electronic AutoCAD Map 20.0.6 format within four (4) months from receipt of Notice to Proceed. FISCAL IMPACT: Funds are available in Utilities' accounts #40.3-50.0.0.-590.-96-10. WTR617 and #40.3-50.0.0.-590.-96-0.4 SWR611. TASK ORDER COMMISSION ACCOUNT NUMBER AMOUNT APPROVED Task Order U-64- September 6, 20.0.5 40.3-50.0.0.-590.-96-10. WTR617 $96,637.0.0. 18-2 40.3-50.0.0.-590.-96-0.4 SWR611 Amendment No.1 Proposed Approval 40.3-50.0.0.-590.-96-10. WTR617 $49,857.0.0. October 3, 20.0.6 40.3-50.0.0.-590.-96-0.4 SWR611 TOTAL $146,494.0.0. S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC Dr } ~O, err)' OF BO)'N1'ON BIL~.e\1 AGENDA l1'ENl REQ\lES1' FoRNi >.:; AL IERNA lIVES: Tbe only alternative wonld be to eaneel tbe eurrent project and postpone conversiol! of tbe ntili~ base maps. Utilities staff recommends approving Amendmcnt No. I to meet tbe ever increasing need for detailed information on tbe existing ntili~ systems. 'Ibis information will be nsed extensively by our staff and win provide vital information for design and construction projects tbrougbout tbe service area. _~~ateng, Utilities Director ~ - Utilities Department Department Name Attacbment: Tbree (3) Original Task Order Amendments bc: Kofi Boateng, Utilities Director fYl'e~e MazzeUa, Depn~ Utilities DirectoT Mlcbael Low, Deputy Utilities Director ;brls Roscbek, Manager, Engineering Division arb Conboy, Manager, Utilities AdministrationlFinance Procurement Services File S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FoRM.DOC " I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 RESOLUTION NO. ROS- A RESOLUTION OF' THE CITy OF' BOYNTON BEACII FLORIDA, AUTHORIZING EXECUTION OF AMENDMENT NO, I '1'0 'I'ASI( ORDER NO, U-04-18_2 IN THE AMOUNT 0.- 49,857.00 TO S'I'ANLEY CONS U/.'r ANTS, INc., PROVIDING FOR CONVERSION OF' EXISTING UTILrry BASE MAps TO A NEW AUTOCAD STANDARD; AND PROVIDING AN EFFECTIVE DA TE. / 16 /low process, conversion of the hase maps and training; and 15 Septemher 6,2005. which included services for development of an AutoCAD staudard, Work WHEREAS, Task Order U-04-18_2 Was approved hy the City Commissiou On 17 WHEREAS, the AutoCAD standard allows for conversion to GIS for Use hyother 18 City departmems, while maintaining utility data in a CAD fonnat; and 19 WHEREAS, the City Commission of the City of Boynton Beach upon 20 r'ommendation of staff, deems it to he in the hest interest of the citizens of the City of 21 BOton BeaCh to authorize execution of Amendment No. I to Task Order U04-18-2 in the 22 amo, of$49,857.00 to Stanley Consultants_ 23 OW, THEREFORE, BE IT RES 01, VED BY THE CITY COMMISSION OF 24 THE L, OF BOYNTON BEACH, FLORIDA, THAT: S -Q.L The foregoing "Whereas" clauses are herehy ratified and confinned as 25 26 being true correct and are hereby made a specific part of this ReSolution upon adoption hereof. 27 28 Sectio 29 h by authori2. ere lirect thc approval and cxecution of Amendment No, I to Task Order The City Commission of the City of Boynton Beach, Florida does S:\CA\RESOlAgreements\Task - l Stanley - Amnd No 1 10 TaSk Order U04-18-2.doc I U04-18-2 in the amount of $49,857.00 to Stanley Consultants, providing for conversion of 2 existing utility base maps to a new AutoCAD standard. 3 Section 3. This Resolution shall become effective immediately upon passage. 4 PASSED AND ADOPTED this _ day of October, 2006. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 ATTEST: 24 25 26 City Clerk 27 28 29 (Corporate Seal) 30 CITY OF BOYNTON BEACH, FLORIDA Mayor - Jerry Taylor Vice Mayor - Carl McKoy Commissioner - Robert Ensler Commissioner - Mack McCray Commissioner - Muir C. Ferguson S:ICA\RESOlAgreements\Task - Change OrderslStanley - Amnd No 1 to Task Order U04-18-2.doc Task Order No. U-04-18-2 City of Boynton Beach Base Map Conversion Amendment 1 Stanley Consultants August 16, 2006 Background For the past year, Stanley Consultants (CONSULTANT) has been assisting City of Boynton Beach (CLIENT) with an update of their utility base maps. During this time, CONSULT ANT developed an AutoCAD standard and conversion process and converted sample contractor submittals to the new standard_ The project has reached the point where conversion of the existing AutoCAD base maps to the new standard is required. The AutoCAD standard covers file structure, layer naming, attributes, symbology, line styles, text styles, and dimension styles_ Water, sanitary, storm, and reuse utility data is stored on continuous drawings that cover the entire service area_ Background data (topography, streets, edge-of-pavement, sidewalks, etc.) remains in the existing tiled base maps. The AutoCAD standard allows for conversion to GIS for use by others, while maintaining utility data in a CAD format. The conversion process outlines the work required to bring the utility base maps up-to- date. There is a one-time work effort to convert the existing base maps to the new standard (covered by this amendment) and to synchronize the utility base maps with updated information from the City GIS. There is the on-going effort to convert contractor submittals to the new standard and merge the data with the base maps. Future contractor submittals would conform to the new standard, but still require merging the data with the base maps. Finally, the AutoCAD standard and conversion process were applied to four sample projects: NE I ih Ave., Surf Rd. Area, Canterbury, and Quantum Park Townhomes. This effort provided valuable information on the amount of time required to convert data to the new standard. Objective The objective of this work is to convert the CLIENT utility base maps from their existing format to the new standard (AutoCAD Map). Scope of Work CONSULTANT shall convert eXlstmg thirty-nine (39) utility base maps to the new standard. The work shall cover water, sanitary sewer, storm sewer, and reuse water utility infrastructure that are already incorporated in the existing utility base maps_ City of Boynton Beach WO#2 - Base Map Conversion Amendment I Page I of3 Existing utility base maps are tile-based. There is one AutoCAD dwg file for each public land survey system section. Each dwg file contains both utility and non-utility items. Following the standard, four separate AutoCAD Map dwg files shall be created to store the data, one dwg file for each utility system (water, sanitary sewer, storm sewer, and reuse water)_ The items for each utility system shall be removed from the base maps and merged together into the new utility files. Items shall be reassigned to the layers identified by the new standard. Existing two-line representation of buried pipes shall be modified to single-line representation. Symbology shall be changed to the standard symbol set. Attribute data available on the base maps will be entered as object data in AutoCAD Map. Non-utility items (e.g. roads, property boundaries, building outlines, roadway centerlines, topography, etc.) contained on the existing base maps will remain in the same tile-based AutoCAD format with the existing layering and symbology. Monthly progress meetings shall be held at CONSULTANT office to review progress. Deliverables: 1. Four (4) AutoCAD Map 2006 dwg files. Compensation CLIENT shall compensate CONSULTANT a maximum not to exceed amount of $49,857.00 based on time and materials outlined in Exhibit A. The total revised fee is summarized below: Original Budget Amendment I Revised Total Fee $96,637.00 $49,857.00 $146,494.00 Duration of Services The duration of services anticipated is four (4) months from receipt of Notice To Proceed from CLIENT. Additional Services The following Additional Services are not included in Basic Services and are at CLIENT'S option. These services, if exercised by CLIENT and agreed to by CONSULTANT, shall be paid for in addition to compensation for Basic Services. CONSULTANT is not authorized to proceed with performance of any Additional Services unless they are duly authorized, in writing, by CLIENT. City of Boynton Beach W0#2 - Base Map Conversion Amendment 1 Page 2 of 3 1_ Field verification and completion of data contained in the existing base maps. 2_ Converting updated AutoCAD utilities base maps into ESRI GIS format. 3_ Conversion of additional data beyond the water, sanitary sewer, storm sewer, and reuse water utilities. Additional data includes planimetrics, building outlines, trees, streets, parking lots, back of curb, right-of-way lines, survey monumentation, topography (elevation contours). APPROVED BY; CITY OF BOYNTON BEACH, FLORIDA By: Kurt Bressner City Manager Dated this day of ,2006 SUBMITTED BY: STANLEY CONSULTANTS, INC By: "'~'.. c:.. " <=-------- ~ Tshaka Dennis, P_E. Vice President City of Boyntoll Beach W0#2 - Base Map COllversioll Amelldme1l1 I Page 3 of3 ~\-r'{ Ok- ,'. \ \ll'" · ...............<):t 0\'. . /1 (J ~~. ~,~<;:' "'ON't'> VI.-CONSENT AGENDA ITEM C.5 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office 0 August I, 2006 July 17,2006 (Noon.) r8J October 3, 2006 September] 8, 2006 (Noon) 0 August 15,2006 July 31, 2006 (Noon) 0 October 17,2006 October 2, 2006 (Noon) .J -- 0 September 6, 2006 August ]4,2006 (Noon) 0 November 8, 2006 October 16,2006 (Noon) .' '~'1-'" (/) ~_/ ~_.~ -", '--' 0 September 19, 2006 September 5, 2006 (Noon) 0 November 2\, 2006 m - -i-~j November 6, 2006 (NOOII:\.j ~~-- co NATURE OF AGENDA ITEM o Announcements/Presentations o Administrative o Consent Agenda o Code Compliance & Legal Settlements o Public Hearing o City Manager's Report o New Business r8J Legal o Unfinished Business o ~ .. .-qL..... --- r-rl ,-; -'-, Pin RECOMMENDATION: Motion to approve Resolution # adopting FEMA guidelines for future reimbursements after a storm event for debris pickup on private roads and gated communities. EXPLANA TION: The Solid Waste Authority recently approved a Resolution for the collection of disaster debris from private/gated communities within Palm Beach County in order to be reimbursed from FEMA. The City of Boynton Beach is proposing to adopt a similar Resolution. After an event that is considered a Local State of Emergency that generates disaster debris, the City of Boynton Beach will collect eligible storm debris from all City residents that live within the City limits. The City will collect eligible disaster debris from public rights-of-way, including disaster debris placed at the curb of public rights-of-way by private residential property owners and within gated communities. The City may hire debris contractors for the purpose of collecting disaster debris. It may be necessary for the private contractor (from the direction of the Solid Waste Manager) to also collect disaster debris on Private Roads and within Gated Communities. It is the intent of this Resolution to promote the health, welfare and safety of the residents of the City by providing for the collection and removal of disaster debris throughout the City of Boynton Beach including private roads and gated communities, to eliminate the immediate threat to the life, public health and safety of the residents of the City. PROGRAM IMPACT: In past storm events FEMA regulations exempted private/gated communities for FEMA reimbursement of debris removal. Approval of this Resolution will allow for reimbursement from FEMA for collection of disaster debris from private/gated communities. FISCAL IMPACT: The total amount of disaster debris reimbursement is unknown until a storm event occurs. However, by not approving this Resolution, there could be a considerable cost to the City for collection of disaster debris in private/gated communities that would not be reimbursable through FEMA. AL TERNA TIVES: Not to approve the Resolution and not being able to apply for reimbursement from FEMA for the collection of disaster debris from private/gated communities. SIBULLETJNIFORMS\AGENDA ]TEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM ~~ CIty anager's SIgnature Assistant to City Manager ~ Department Head's Signature ~~/,~ uloR~ Department Name S\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC City Attorney / Finance 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 RESOLUTION NO. R06- RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA ADOPTING FEMA GUILDINES FOR FUTURE REIMBURSEMENTS AFTER A STORM EVENT FOR DEBRIS PICKUP ON PRIVATE ROADS AND GATED COMMUNITIES; AND PROVIDING AND EFFECTIVE DATE. WHEREAS, during past storm events FEMA regulations exempted private/gated communities for FEMA reimbursement of debris removal; and, WHEREAS, After a storm event considered to be a Local State of Emergency that generates disaster debris, the City will collect eligible disaster debris from public rights-of- way, including disaster debris placed at the curb of public rights-of-way by private residential property owners and within gated communities and will be able to be reimbursed by FEMA; and, WHEREAS, the City Commission finds it to be in the best interest of the citizens and residents of the City of Boynton Beach to adopt the FEMA guidelines for future reimbursements after a storm event for debris pickup on private roads and gated communities. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AS FOLLOWS: Section 1. Each Whereas clause set forth above is true and correct and incorporated herein by this reference. Section 2. The City Commission of the City of Boynton Beach hereby adopts the FEMA guidelines for future reimbursements after a storm event for debris pickup on private roads and gated communities. Section 3. This Resolution is effective immediately on adoption. 1 PASSED AND ADOPTED this __ day of October, 2006. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 ATTEST: City Clerk (Corporate Seal) CITY OF BOYNTON BEACH Mayor - Jerry Taylor Vice Mayor - Carl McKoy Commissioner - Robert Ensler Commissioner - Mack McCray Commissioner - Muir C. Ferguson 2 CITY ATTORNEY'S OFFICE MEMORANDUM /~ ~ .-r.~ .-~ ..56;U '-11) ~Y. (. ? I!:~ ~ ?Oo,-<.J ~. '5' ~~, CITY OF BOYNTON BEACH TO: Christine Roberts, Assistant Public Works Director Cc: Jeffery Livergood, Director, Public Works Kurt Bressner, City Manager James A. Cherof, City Attorney Lynn Swanson, paralegal. p Tolu A. Bamishigbin, Assistant City Attorney;) ~ FROM: DATE: September 6, 2006 RE: Boynton Beach ("City") / Proposed Ordinance for Post Hurricane Debris Pickup Pursuant to your request, we have reviewed the Palm Beach County's ordinance and the Palm Beach Solid Waste Authority's resolution providing for post-storm debris pick-up on private roads and gated communities. We believe that the City should have a similar ordinance/resolution in order to receive FEMA reimbursements. Please prepare a coversheet on this item for the next agenda meeting scheduled for October 3, 2006 so that can we draft an ordinance. If you have any questions or concerns, please do not hesitate to call our office. TAB:tab S:\CA \MEMORANDUM\Post Storm Debris Pick-up Ord.doc PUBLIC WORKS DEPARTMENT MEMORANDUM #06-079 FROM: Jim Cherof, City Attorney Christine Roberts, As::-'..stant Public Works Director C/K TO: SUBJ: Gated Communities and Private Road Debris Pickup DATE: July 21, 2006 Attached is a copy of a recent Ordinance that the Palm Beach County Commissioners adopted regarding FEMA's guidelines for future reimbursements after a storm event for debris pickup on private roads and gated communities. Also, attached is a Resolution Amendment that the Solid Waste Authority adopted regarding the same subject. Please review and advise if you determine that the City of Boynton Beach should have a similar ordinance/resolution in order to get reimbursed from FEMA. If you determine that we should have a similar ordinance/resolution I will prepare an Agenda Item. Thank you, Attachments CR/cr m: Solid ~aste Authority of Palm Beach County To: City of Boynton Beach Attn Chris Roberts Page: 1/1 Date: 7/1912006 1U:1U:;J1 Ar ~,~ S\VA SOLID '.V.ASH .ml!ORifi Solid Waste Authority of Palm Beach County 7501 North Jog Road West Palm Beach, Florida 33412 Tel: 561-640-4000 Fax: 561-640-3400 Website: www.swa.org From: City of Boynton Beach Attn Chris Roberts Linda Hodgkins To: Subject: Gated Communities and Private Road Debris Pickup Message: Hello everyone - On Tuesday, .the County Commissioners adopted FEMA's guidelines through a Resolution amendment which was necessary to become eligible for future reimbursements by FEMA. This will effect private roads and gated communities in unincorporated Palm Beach County only, served by the Solid Waste Authority after a storm event. A copy of this Resolution (2006-3) is now available on our website - www.swa.org. (on the Home Page) for your review. If you have any questions about this document, please call Marc Bruner directly at 640-4000 Ex. 4607. Linda Hodgkins tf ORDINANCE NO. 2006 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA, TO BE.. KNOWN AS "THE POST- DISASTER DEBRIS RECOVERY ORDINANCE"; RELA TING TO DISASTER DEBRIS COLLECTION AND REMOVAL; PROVIDING FOR DE CLARA TION OF FINDINGS AND INTENT; PROVIDING FOR IMPLEMENTATION OF THE COMPREHENSIVE EMERGENGY MANAGEMENT PLAN OF PALM BEACH COUNTY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS; PROVIDING FOR REPEAL OF LAWS IN CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR CAPTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Florida Legislature, through the Palm Beach County Solid Waste Act, created the Solid Waste Authority of Palm Beach County, Florida (the "Authority") and granted to it the responsibility for solid waste management in Palm Beach County, Florida (the "County"), and authorized the Authority to enter into Interlocal Agreements to provide solid waste related government functions; and WHEREAS, the Board of County Commissioners of Palm Beach County, Florida (the "Board"), through an Interlocal Agreement with the Authority dated September 21, 1988, transferred to the Authority the duty and responsibility to provide a mandatory solid waste collection program throughout the entire unincorporated areas of the County; and WHEREAS, the Authority on behalf of the Board has established a mandatory solid waste collection program for the entire unincorporated areas of the County; and WHEREAS, in order to implement provisions of the Comprehensive Emergency Management Plan of Palm Beach County (the "Emergency Plan"), the Authority is directed to act on behalf of the Board to collect and remove disaster debris throughout the unincorporated areas of the County. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA, that: Section 1: TITLE. This Ordinance shall be known as the Palm Beach County Post-Disaster Debris Recovery Ordinance. Section 2: DECLARATION OF FINDING AND INTENT. This Board finds that in the event of a disaster occurring in the County a public health and safety threat may result from the generation of widespread debris throughout the County, that such debris constitutes a hazardous environment for all modes of movement and transportation of the residents as well as emergency aid and relief services, endangerment to all properties in the County, an environment conducive to breeding disease and vermin, and greatly increased risk of fire, and that it is in the public interest to collect and remove disaster debris from all properties whether public lands, public or private roads, and gated communities to eliminate an immediate threat to life, public health and safety, to reduce the threat of additional damage to improved property, and to promote economic recovery of the community at large. It is the intent of this Ordinance to promote the health, welfare and safety of the residents of the County by implementing the Emergency Plan by providing for the collection and removal of disaster debris throughout the unincorporated public and private roads, gated communities, and public areas of the County, to eliminate an immediate threat to the life, public health and safety of the residence of the county. Section 3: IMPLEMENTATION OF COMPREHENSIVE EMERGENCY MANAGEMENT PLAN OF PALM BEACH COUNTY. The Authority, pursuant to the Interlocal Agreement and the powers and authority invested in it by the Palm Beach County Solid Waste Act, is hereby directed to implement the provisions of the Emergency Plan when a Local State of Emergency has been declared pursuant to the Emergency Plan, or if declared by the State of Florida or the Federal government, by acting on behalf of the County to collect and remove disaster :'~ debris throughout the unincorporated areas of the County, and to enter in and upon the public and pr.vate roads, gated communities, and public areas of the County as necessary, to eliminate any immediate threat to life, public health and safety of the residents of the County, to reduce the threat of additional damage to improved property, and to promote economic recovery of the community at large. Section 4: INCLUSION IN THE CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Palm Beach County, Florida. The sections of the Ordinance may be renumbered or re-lettered to accomplish such, and the word "Ordinance" may be changed to "section," "article," or any other appropriate word. Section 5: REPEAL OF LAWS IN CONFLICT. Any laws or ordinances in conflict with the Ordinance that Palm Beach County is authorized to repeal are hereby repealed. Section 6: SEVERABILITY. If any section, paragraph, sentence, clause, phrase of word of this Ordinance is, for any reason, held or declared by a court to the unconstitutional, inoperative or void, such holding shall not affect the remainder of the Ordinance. Section 7: CAPTIONS. The captions, section headings and section designations used in this Ordinance are for convenience only and shall have no effect on the interpretation of the provisions of this Ordinance. Section 8: EFFECTIVE DATE. This Ordinance shall become effective upon filing with the Department of State. APPROVED AND ADOPTED by the Board of County Commissioners of Palm Beach County, Florida on the day of ,2006. SHARON R. BOCK, CLERK & COMPTROLLER By: Deputy Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: County Attorney Filed with the Department of State on the PALM BEACH COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS By: Tony Masilotti, Chairman day of ,2006. :"1' RESOLUTION NO. 2006-03 A RESOLUTION OF THE SOLID WASTE AUTHORITY OF PALM BEACH COUNTY, FLORIDA, PROVIDING FOR MANDATORY SOLID WASTE COLLECTION IN THE UNINCORPORATED AREAS OF PALM BEACH COUNTY; PROVIDING FOR FINANCING OF THE MANDATORY SOLID WASTE COLLECTION PROGRAM; PROVIDING FOR IMPLEMENTATION OF THE "UNIFORM METHOD" FOR COLLECTION OF SOLID WASTE COLLECTION ASSESSMENTS; RATIFYING AND RECONFIRMING SOLID WASTE AUTHORITY RESOLUTION 91-26; PROVIDING FOR FINDING, DECLARATION OF BENEFIT, PURPOSE, SCOPE; PROVIDING DEFINITIONS; PROVIDING RESIDENTIAL COLLECTION SERVICE; PROVIDING FOR EMERGENCY COLLECTION OF DISASTER DEBRIS; PROVIDING DETERMINATION OF ANNUAL COLLECTION ASSESSMENTS; PROVIDING CALCULATION OF ANNUAL COLLECTION ASSESSMENTS; PROVIDING ANNUAL COLLECTION ASSESSMENTS TO GOVERNMENTAL AGENCIES; PROVIDING FOR THE APPLICABILITY OF ANNUAL COLLECTION ASSESSMENTS TO TAX EXEMPT ASSESSED UNITS OF REAL PROPERTY; PROVIDING CORRECTION OF ERRORS, EXEMPTIONS, HEARINGS AND APPEAL PROCEDURES; PROVIDING FOR NON- ASSESSED UNITS; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners of Palm Beach County, Florida entered into an Interlocal Agreement with the Solid Waste Authority of Palm Beach County (Authority) in 1988 transferring and consolidating solid waste collection governmental functions under the control of the Authority; and WHEREAS, the Authority exercises its authority pursuant to this Interlocal Agreement and Chapter 2001-331, Laws of Florida (hereinafter the Act); and WHEREAS, it is necessary and beneficial for the health, welfare and safety of the residents of the County to provide adequate solid waste collection to all improved properties within the unincorporated area through the regulated services of a franchisee for each particular service area in which the improved properties are located; and WHEREAS, the Authority finds that there has been a need for a mandatory waste collection program for all improved properties in unincorporated Palm Beach County; and WHEREAS, Emergencies may be declared, and natural or man-made disasters may occur in the County which generate disaster debris which must be managed to eliminate or lessen an immediate threat to life, health and safety, to reduce a threat of additional damage to improved property, or to promote the economic recovery of the community at large; and WHEREAS, The Authority find~ that to provide the Solid Waste Collection System as defined herein, collectors designated by the Authority for emergency Disaster Debris clean-up as authorized by the County are hereby authorized to enter upon private roads and into gated communities for the purpose of collecting solid waste and disaster debris therefrom as may be required by this Resolution; however, solid waste collectors shall not enter private property, dwelling units or other residential buildings; and WHEREAS, it is necessary to provide for the financing of a mandatory solid waste collection program; and WHEREAS, it is beneficial to the owners of improved property in the collection areas to provide for the levy of a non-ad valorem assessment against such units within the collection areas to finance the collection of solid waste reflecting the benefits of the provision of such service; and WHEREAS, the Act provides for the imposition of annual collection special assessments; and WHEREAS, Section 8 of the Act grants the Authority the power to have the annual collection special assessments collected in the same manner as ad valorem taxes; and WHEREAS, Florida Statute s. 197.3632 provides for a Uniform Method for the levy, collection, and enforcement of non-ad valorem assessments (hereafter Uniform Method); and and WHEREAS, the annual collection special assessment is a non-ad valorem assessment; WHEREAS, the Board of the Solid Waste Authority of Palm Beach County has determined that it is in the best interest of the residents of the County to use the Uniform Method. NOW, THEREFORE, BE IT RESOLVED ,BY THE SOLID WASTE AUTHORITY OF PALM BEACH COUNTY, that: SECTION 1: RATIFYING AND RECONFIRMING. The Authority ratifies and reconfirms Authority Resolution No. 91-26 and incorporates said Resolution herein reference. SECTION 2: FINDING, DECLARATION OF BENEFIT, PURPOSE, SCOPE: It is the intent of this Resolution to promote the health, welfare and safety of the residents of the County, by providing for solid waste collection in the collection areas through a mandatory waste collection program and through the levy of a non-ad valorem assessment, and thereby ensure a sanitary, safe and adequate program of solid waste removal, enhance the value of the real 2 ,,,.~ ir property in the County, protect the environment and natural resources of the County, reduce litter and illegal dumping, and provide for emergency Disaster Debris clean-up.. This Board finds that all improved properties in Palm Beach County receive a direct and substantial benefit by the providing of solid waste collection services provided by the Authority. Th~ . fact that all improved properties located within the County that are designed for human occupancy, are capable of use or are used for human occupan.cy or human activity or commercial use, shall be prima facie evidence that solid waste is being produced by or accumulated upon such property. The Board finds that to provide the Solid Waste Collection System as defined herein, collectors designated by the Authority are hereby authorized to enter upon private roads and into gated communities for the purpose of collecting solid waste and disaster debris therefrom as required by this Resolution; however, solid waste collectors shall not otherwise enter private property, dwelling units or other residential buildings It is hereby declared and determined by the Board of the Authority, that solid waste and disaster debris collection services provided pursuant to this Resolution, including, but not limited to the purposes stated herein, shall and do constitute a direct and substantial benefit to assessed units within the collection areas equal to or in excess of the cost of providing such solid waste collection services. The Authority hereby declares that it is mandatory that all persons and governmental agencies owning, occupying or utilizing property within the unincorporated areas of the County use exclusively the solid waste collection system operated and maintained by the Authority or designated by the Authority for the collection of all solid waste generated within the unincorporated areas of the County. SECTION 3: DEFINITIONS. For the purpose of this Resolution, the following terms shall have the following meaning: (a) Annual collection assessment means the annual collection assessment imposed upon an assessed unit for the collection of solid waste for the applicable fiscal year based upon the classification of the use of such assessed unit as set forth in the rate resolution_ (b) Annual collection assessment schedule means the list prepared by the Authority each fiscal year containing the property identification number used by the property appraiser for each assessed unit, the name and address of the owner of each such assessed unit as indicated on the records maintained by the property appraiser, and the designation of such unit as a curbside unit or a containerized unit. (c) Assessed unit means a curbside unit or a containerized unit. (d) Board means the Board of the Solid Waste Authority of Palm Beach County. (e) Bulk Trash means vegetative waste, white goods and furniture, and other trash which cannot be cut for placement in a container, bag, or bundle. Bulk trash shall be of a type as to be readily handled by the mechanical equipment of the contractor and bulk yard material shall not exceed six (6) feet in length. Bulk trash does not include any form of matter or debris resulting from tree removal, land clearing, land development, building demolition or home improvement. Home improvements as defined herein would include but not be limited to carpeting, cabinets, 3 dry wall, lumber, paneling, and other such construction related materials. Carpeting will be picked up by the franchisee if cut to lengths of six (6) feet or less and bundled. Bulk trash does not include automobiles and automotive components, boats and internal combustion engines. In the case of a dispute between a franchisee and a customer as to what constitutes bulk trash, the situation will be reviewed and decided by the contract administrator whose. decision will be final. (f) Collection means the process whereby solid waste is removed and transported to a solid waste facility. . (g) Collection area has the meaning as determined in Section 6(d) hereof. (h) Collection unit means any parcel of improved real property located within the unincorporated areas of the County that generates or is capable of generating solid waste and that contains buildings, structures or other improvements designed or constructed for and capable of use or used for human habitation or human activity or commercial enterprises. (i) Comprehensive Emergency Management Plan means the Comprehensive Emergency Management Plan of Palm Beach County, Florida or any successor document performing a like function. (j) Containerized unit means a collection unit used for or capable of being used for residential purpose and for which solid waste collection service is provided by the picking up of such unit's solid waste in a large bulk container shared and used by more than one such residential unit. (k) Contract administrator means the person designated by the Director to administer the collection franchise contracts and resolve claims or complaints of collection unit owners. (I) County means Palm Beach County, Florida. (m) Curbside means a collection unit used for or capable of being used for residential purpose and for which solid waste collection service is provided by picking up each individual unit's solid waste at a roadside point at or near the unit and where such waste is generally set out in cans, bags, boxes, piles or similar methods used exclusively by the occupant of such collection unit. (n) Director means the Executive Director of the Authority. (0) Disaster Debris means waste materials generated by natural or man-made disasters, consisting of trees and vegetative material, construction materials from damaged or destroyed structures, damaged or destroyed personal property. and sediment. (p) Disposal facility means a facility operated by the Authority for the receipt of solid waste for the purpose of transport, processing, incineration, or landfilling. . (q) Franchisee means the person, firm, corporation or entity designated by the Authority to collect solid waste in a collection area. (r) Franchisor means the Authority. (s) Fiscal year means the fiscal year beginning on the 1st day of October of each year and ending on the 30th day of September of the next year. 4 (f (t) Garbage means all kitchen and table food waste, animal or vegetative waste that is attendant with the results from the storage, preparation or handling of food materials. Vegetative waste shall not be commingled with garbage. (u) Gated Community means a residential community with vehicular access to the community controlled by use of a gate. (v) Governmental agencies means all state, federal, or local agencies or units of government located within the County, including, but not limited to, the School Board of Palm Beach County, all County agencies and departments, all municipalities within the County, all special districts and municipal service taxing units with all or part of their boundaries within the County and any municipality or special district other unit of government whose boundaries are not within the County but which is the owner of any collection unit within the County. (w) Non-ad valorem assessment roll has the meaning set out in Florida Statutes 197.3632. (x) Non-assessed unit means any collection unit or portion thereof that is not an assessed unit, but does not include roll-off services for units under construction during the period prior to the issuance of a certificate of occupancy for such unit. (y) Owner means the person or persons owning an interest in a collection unit or assessed unit. (z) Person means any natural person, or partnership, firm, corporation or other legal entity. (aa) Private Road means a private vehicular access way shared by two or more residential units under separate ownership, which is not dedicated to the public and is not publicly maintained. (bb) Property appraiser means the Property Appraiser of Palm Beach County, Florida. (cc) Rate resolution means the resolution or resolutions of the Authority described in Section 4(c) of this Resolution. (dd) Reimbursing Agencies mean the Federal Emergency Management Agency, the Federal Highway Administration, the State of Florida or any other agency, unit of government or successor agency performing the like function of providing funds for the reimbursement of disaster debris management expenses. (ee) Residential or residential unit means each individual living unit with kitchen facilities. (ff) Residential solid waste shall mean a mixture of garbage and trash resulting from the normal housekeeping activities of a residential unit. (gg) Solid Waste Collection System means the services and means of collecting solid waste from a collection unit in the unincorporated areas of the County through the use of equipment, trucks, containers, personnel, contracted services, and all real or personal property owned, leased, operated or used by the Authority for the purpose of providing solid waste collection services under this Resolution. (hh) Tax collector means the tax collector of Palm Beach County, Florida. 5 (ii) Vegetative waste means vegetative matters resulting from yard and landscaping maintenance and shall include materials such as tree and shrub trimmings, grass clippings, palm fronds or tree branches and other matter usually produced as refuse in the care of lawns, landscaping and yards. All grass clippings, leaves, pine needles, and similar small loose items must be bagged or containerized. OJ) Wtfhe goods and furniture means inoperative and discarded refrigerators, ranges, washers, water heaters, bicycles, and other similar domestic appliances, and household goods and furniture. SECTION 4: RESIDENTIAL COLLECTION SERVICE (a) Conditions and Frequency of Service for Curbside collection. All garbage and residential solid waste shall be properly containerized in 32 to 50 gallon sized garbage receptacles, or in sealed plastic bags, or tied in bundles not exceeding six (6) feet in length. No filled receptacle or bundle shall exceed fifty (50) pounds in weight. Residential collection service, except for permitted holidays, shall be provided twice per week with not less than forty-eight (48) hours nor more than seventy-two (72) hours between regularly scheduled pick-up days. All vegetative waste shall be separated from garbage and shall be collected separately from garbage and bulk trash. Bulk trash, white goods and furniture shall be picked-up by the franchisee not less than once every seven (7) days on a scheduled route basis. Bulk trash, white goods and furniture must be placed at the usual accessible pick-up location. (b) Accessibility. All garbage and residential solid waste to be collected shall be placed within six (6) feet of the curb; paved surface of the roadway adjacent to the property on a Private Road or within a Gated Community, closest accessible public right-of-way, or other such location agreed to by the franchisee that will provide a safe and efficient accessibility to the franchisee's collection crew and vehicle. Where the resident of a dwelling unit is physically unable to deliver solid waste to curbside and this is certified by the contract administrator, or the residential structure is located in such a manner as to provide non-accessibility to the franchisee's crew or vehicle, 'an alternative location may be arranged between the customer and the franchisee at no extra cost to the customer. In the event an appropriate location cannot be agreed upon the contract administrator shall mediate the dispute and designate the location for pick-up. The franchisee may provide additional services such as back door collection for an additional fee to be determined by the franchisee and billed by the franchisee directly to the customer. The Authority may impose, change, modify or delete the requirements setting forth the responsibilities of the owners of assessed units and the franchisees providing collection service for such assessed units regarding the method, scope and extent of collection service, including, but not limited to, frequency of pick-ups, classes of solid waste pick-up, shape, size and quantity per pick-up, types of containers, and placement or location of solid waste for pick-up, by amending this Resolution or by setting them out in a separate resolution. To provide the collection of garbage, residential solid waste and bulk trash as defined herein, collectors designated by the Authority are hereby authorized to enter upon private roads and into gated communities for the purpose of collecting disaster debris from Curbside collection units, at locations consistent with this Section. Solid waste collectors shall not enter onto private property, into dwelling units or other residential buildings for the purpose of collecting garbage, residential solid waste and bulk trash in a manner inconsistent with this Section. 6 r;f SECTION 5: EMERGENCY COLLECTION OF DISASTER DEBRIS (a) Declaration of Emergency. In the event that a State of Emergency is declared consistent with the Comprehensive Emergency Management Plan, the Authority will confer with the Emergency County Government Organization to determine if disaster debris present on Private Roads and within Gated Communities'is so widespread that it is in the public interest to remove the debris to protect the public health, safety and welfare, to reduce the threat of additional damage to improved property, or to promote economic recovery of the community at large. If such a determination is made by the County thereupon direction by the County to the Authority and acting on behalf of the County pursuant to the Interlocal Agreement and the Comprehensive Emergency Management Plan the Authority will collect disaster debris from Private Roads and Gated Communities consistent with the County Emergency Management Plan and this Section. (b) Collection of Disaster Debris. After an event which generates disaster debris, the Authority will collect that eligible storm debris from only the unincorporated areas of Palm Beach County consistent with the County Emergency Management Plan. Within the unincorporated area, the Authority will collect eligible disaster debris from public rights-of-way, including disaster debris placed at the curb of public rights-of-way by private residential property owners. The Authority will collect disaster debris at the curb in front of those residential units that are Curbside collection units as defined in this Resolution. On Private Roads and within Gated Communities, Disaster Debris will be collected from Curbside collection units the same locations as garbage and solid waste is collected consistent with paragraph (a) of this Section and Section 4 of this Resolution. When the Authority has been directed by the County to provide the collection of Disaster Debris as defined herein, collectors under contract with the Authority are hereby authorized to enter upon Private Roads and into Gated Communities for the purpose of collecting disaster debris from Curbside collection units, at locations consistent with Section 4 of this Resolution. Solid waste collectors shall not otherwise enter onto private property, into dwelling units or other residential buildings for the purpose of collecting Disaster Debris in a manner inconsistent with this Section or Section 4 of this Resolution. Containerized collection units as defined in this Resolution shall make arrangements for disaster debris removal or have their disaster debris placed on a public right-of-way within 6 feet of the curb, in a manner consistent with the relevant guidance of the Reimbursing Agencies. The Authority is not a Reimbursing Agency, and will not reimburse any community or resident that hires a private contractor to remove and dispose of disaster debris, or transport disaster debris to a public right-of-way. The Authority does not provide disaster debris collection services for commercial property. Commercial properties must make their own arrangements for disaster debris removal. For the purposes of this Section, commercial property means property not occupied or utilized as a Residential Unit as defined in this Resolution. (c). Indemnification and Hold Harmless. The Authority will indemnify, hold harmless and defend all Reimbursing Agencies from any liability, claims, or loss or damage resulting from the collection of eligible disaster debris consistent with this Section. 7 SECTION 6: DETERMINATION OF ANNUAL COLLECTION ASSESSMENTS. On or , before the 15th day of September of each year, and before. adopting the non-ad valorem assessment roll, the Board of the Authority shall: (a) Adopt a budget for the operation and maintenance of the sQ4id waste collection system for the ensuing fiscal year including moneys for the payment of the principal of and interest on " bonds and other outstanding or anticipated indebtedness, incltiding all reserves necessary therefor, for the payment of necessary reserves for capital expenditures and the renovation, improvements and replacements of existing facilities or equipment of the solid waste collection system, for the enforcement and administration of the billing and collection of the annual collection assessments provided for hereunder, including necessary reserves for anticipated delinquent or uncollectible annual collection assessments and for the payment of the current operation and maintenance of the solid waste collection system. (b) To determine the scope and definition of, and to establish classification of collection units as "curbside units" or "containerized units" based upon circumstances effecting the collection of solid waste and the operation of the solid waste collection system, including but not limited to, the cost of operating and administering the solid waste collection system, the effective and efficient operation of the solid waste collection system, and the benefit to all improved properties in the unincorporated areas of the County. The designation of a collection unit as either a curbside unit or a containerized unit shall be appropriately set out on the annual collection assessment schedule to be used in preparing the non-ad valorem assessment roll. (c) To adopt a rate resolution incorporating a schedule of solid waste collection rates to be imposed upon the owners of all assessed units in each collection area within unincorporated areas of the County and to establish the classification of the use of such assessed unit in order to provide revenues which, together with other moneys of the Authority lawfully available therefor, shall be sufficient to fund the budget referred to in the aforementioned subparagraph (a) to provide a solid waste collection system for all such assessed units. The rates established by the Authority in each year under the provisions of the rate resolution shall be sufficient to provide moneys for the purposes described in subparagraph (a) and the Authority shall not establish rates over and above the rates that are necessary to comply with the provisions of subparagraph (a) and the budgetary requirements of any proceedings 'of the Authority heretofore or hereafter adopted in connection with the issuance of any of its bonds, notes or other evidences of indebtedness. (d) To set geographical boundaries defining "collection areas" in such size, number, shape or area within the unincorporated areas of the County as it may from time to time deem best suited to carry out the purpose of this Section based on similar circumstances affecting the collection of solid waste within each of such areas, including but not limited to the conditions of access roads, distance between collection units and availability of franchisees. The defined collection areas shall be appropriately set out in a proper resolution adopted by the Board and may be subsequently amended by the Board by action taken consistent with the provisions herein. The procedures and requirements set out in Florida Statute 197.3632 for utilizing the Uniform Method shall be followed. 8 ";il ~ '~ SECTION 7: SCOPE OF ANNUAL COLLECTION ASSESSMENTS: (a) The annual collection assessments incorporated in the non-ad valorem assessment roll shall be imposed for the co~ection of all solid waste generated or capable of being generated, as determined by the Authority, by each such assessed unit during the ensuing fiscal year. (b) The annual collection assessments shall be imposed against the owners of all assessed units in the unincorporated areas of the County if such real property is an assessed unit on or before the first day of September prior to the fiscal year in which the annual collection assessments are imposed. The owner and description of each assessed unit at the time of preparing such assessments shall be that designated on the real property records maintained by the property appraiser. SECTION 8: CALCULATION OF ANNUAL COLLECTION ASSESSMENTS: Based upon the rate resolution, the Authority shall cause to be prepared a non-ad valorem assessment roll on compatible electronic medium as set out in Florida Statute 197.3632. The rates to be assessed against all assessed units shall be set out by collection areas and shall specify separate rates for curbside units and for containerized units. SECTION 9: ANNUAL COLLECTION ASSESSMENTS TO GOVERNMENTAL AGENCIES: (a) All governmental agencies owning any assessed unit within the unincorporated areas of the County shall pay the annual collection assessments imposed under the applicable classification specified in the rate resolution. (b) The discounts for early payment shall not be applicable to the annual collection assessments imposed against governmental agencies owning an assessed unit of real property. Such governmental agencies shall pay in the manner provided herein the full annual collection assessments imposed. (c) The annual collection assessments imposed against governmental agencies shall become delinquent if not fully paid within 60-days from the date the notice of such annual collection assessments are mailed. All delinquent annual collection assessments shall bear a penalty at the rate of one percent per month on the delinquent amount and shall accrue on the first day of the first month following the expiration of such 60-day period and on the first day of each month thereafter until said annual collection assessments are paid in full. (d) The Authority shall have the authority to enforce the collections of any delinquent annual collection assessments by the institution of an appropriate action against the governmental agency in a court of competent jurisdiction for a judgment for the amount due under such annual collection assessments, including all penalties, plus costs and a reasonable attorney's fee_ (e) The provisions of Section 7 of this Resolution shall not be applicable to the annual collection assessments imposed against an assessed unit owned by any governmental agency. SECTION 10: APPLICABILITY OF ANNUAL COLLECTION ASSESSMENTS TO TAX EXEMPT ASSESSED UNIT OF REAL PROPERTY. The exemption of property from taxation under Chapter 196, Florida Statutes, or any other law or constitutional provision shall not relieve the owner of any assessed unit in any incorporated or unincorporated areas of the County from 9 the provIsions hereof or from the imposition by the Authority of the annual collection assessments applicable to such assessed unit as specified in the rate resolution. SECTION 11: ERROR CORRECTIONS; EXEMPTION FROM MANDA TORY COLLECTION REQUIREMENT. The Board shall have the authority, at any time, upon its own initiative or in response to a petition from any affected owner of a collection unit to correct any error of omission or commission in the adoption of BAY annual collection assessment roll or in the implementation of this Resolution, including but not limited to, an error in including any collection unit on such roll when such real property is not an assessed unit within the scope of this Resolution and any error in the calculation of the annual collection assessment imposed against any assessed unit. Assessed units may be exempted from the annual collection assessment roll for a fiscal year provided that the owner of the assessed unit obtains an exemption under the procedures contained herein. This exemption shall only apply to the annual collection assessment. (a) Annual Collection Assessment Exemption or Error Correction Procedures. The Owner of the assessed unit requesting an exemption from the annual collection assessment under this section shall file a written petition with the Director, or his designee, for an exemption. Any owner of an assessed unit may petition either orally or in writing to correct any asserted error of omission or commission in the adoption of the annual collection assessment roll, or may make an application for exemption by filing a petition consistent with the provisions herein with the Director by filing a petition between October 1 and January 31 of the fiscal year for which the annual collection assessment is levied. Failure to file such petition by January 31 of the fiscal year for which the annual collection assessment is levied shall be a complete waiver of any right of an owner to seek a correction or an exemption for such year. The petition shall contain, at a minimum, the following information: (1) the name and address of all owners of the assessed unit; and (2) the address and parcel number of the property for which the exemption or error correction is sought; and (3) A. in the case of a petition for error correction, documentation or information supporting the owners asserted error; or B. in the case of a petition for exemption, documentation or other proof establishing (i), (ii) and (Hi) below: (i)(l) That special conditions and circumstances exist which are peculiar to owner's land or structures on owner's land that would impose an extreme and unreasonable burden upon owner to comply with the residential collection service requirements set forth in this Resolution and that such special conditions and circumstances generally are not applicable to other owners in the collection area; or 10 ~::~ (2) Owner's property is a residential unit within a combination of structures on the same parcel of real property containing non-residential units and owner's residential unit shares containerized co:lection service with the non-residential units. (ii) That granting the exemption will be in harmony with the general intent and purpose of the mandatory garbage collection provisions of this Resolution, will not be injui ,ous to the neighborhood, vf otherwise detrimental to the public welfare, and will not confer on the petitioner any special privilege that is denied to other property owners in the immediate area_ (iii) The proposed method and frequency of removal of solid waste for disposal at the Solid Waste Disposal Facility, including available equipment and facilities. Such collection and removal shall only be provided by the owner through the use of his/her own equipment, or by contract with the franchisee for such area. In making a determination regarding petitions containing the information requested in (1), (2) and (3) A., the standards set out on the Schedule of Standards for Assessment attached hereto as Exhibit "A" shall be followed. The Director, or his designee, shall review the petition containing the information requested in (1), (2) and (3) B., and shall exempt the property from payment of the annual collection assessment upon finding that the owner has met all of the requirements and has demonstrated a proper, sanitary and effective method of removing and disposing of the solid waste generated on his property_ In no event shall an exemption from the annual collection assessment be granted without a provision for twice a week delivery of all accumulated solid waste to an Authority disposal facility. No person receiving an exemption under this section shall be permitted to dispose of solid waste generated on property covered in the exemption certificate at any facility except an Authority disposal facility. Upon approval of an exemption from the annual collection assessment, the Director, or his designee, shall notify the franchisee for the district in which the property is located that an exemption from the annual collection assessment has been granted. Upon approval of an exemption or correction from the annual collection assessment, the Director, or his designee, shall notify the property appraiser's office of the correction or exemption to be entered into the records. The owner receiving a correction or exemption under this Section who has paid the annual collection assessment as originally imposed shall be entitled to a refund representing the difference between the assessed amount and the corrected amount of the annual collection assessment. Such refund shall be paid to the person or party making payment. The owner receiving a correction or exemption under this Section that has not paid the annual collection assessment shall receive a corrected assessment from the tax collector. No person receiving an exemption from the annual collection assessment shall collect and remove solid waste generated on property covered in the exemption certificate in any manner other than as approved in the grant of the exemption without receiving written notice from the Director, or his designee, that an alternate method is acceptable. 1 ] No solid waste shall be transported by any person unless it is completely covered in such a manner as to prevent the scattering of solid waste from the vehicle_ The Director, or his designee, shall revoke an exemption and direct the collector to reinstitute collection service to a person's property upon-confirmation that solid waste is not being removed and collected from the property in a proper, sanitary and effective manner. The property appraiser's office shall also be advised as to such revocation. (b) Renewal of exemption. The exemption shall be for one year only and the owner shall be required to file an application to obtain an exemption for each subsequent fiscal year. An owner of property who has obtained an exemption for the current fiscal year and who desires to renew the exemption for the ensuing fiscal year may apply after May 1 and prior to June 30 to renew the exemption, provided they have substantially complied with the requirements of the previous year's exemption. The application for renewal shall contain a sworn statement that the conditions and circumstances upon which the exemption was originally granted have not changed and that the required method of solid waste collection will continue during the next fiscal year, and shall contain evidence that the owner's solid waste has been disposed of at an authorized Authority disposal facility. The Director, or his designee, shall review the application and shall renew the exemption upon finding that the applicant has fully complied with the requirements of the previous fiscal year's exemption. If the exemption is renewed, the owner's assessed unit shall not be included on the ensuing fiscal year's non-ad valorem assessment roll. Any person who has failed to substantially comply with the requirements of an exemption shall not be entitled to reapply for an' exemption from annual collection assessments for a period of three (3) consecutive fiscal years. (c) Director's decision. The decision of the Director, or his designee, on a petition for exemption or error correction, or the revocation of an exemption, shall be made in writing, addressed and mailed (in the case of a denial, by certified or registered mail, return receipt requested) to the petition within ninety (90) days of receipt of the petition by the Authority, or immediately upon a revocation of exemption. A decision granting an exemption shall be limited to the annual collection assessment for one year, which year shall be specified in the petition. A decision granting an exemption shall refer to the parcel number of the property, and shall specify the solid waste facility the petitioner shall use for disposal. A decision granting an exemption shall specify the amount of the exemption. The decision shall be made based on the written petition submitted by the petitioner and any supporting documentation, and the burden shall be on the petitioner to demonstrate on this petition the reasons supporting the petition. (d) Appeal procedures. If the petitioner is not satisfied with the decision of the Director or his designee, or if an exemption is revoked as provided above, he may appeal such decision to the Board in a written petition specifying the reasons for such appeal. Such appeal shall be designated as an appeal of the decision of the Director and shall refer to the specific decision rendered by the Director, and must be mailed or delivered, with a $15.00 filing fee, to the Authority office within thirty (30) days of receipt of the decision of the Director. Failure to file the appeal within said time limit shall 12 ,/;"# constitute a forfeiture of such right of appeal. Upon receipt by the Authority of the filing fee and petition for appeal the matter shall be scheduled for hearing by the Board, or,;ts designee, at the earliest possible date, not to exceed sixty (60) days from the date of receipt by the Authority of the petition for appeal. The date of such scheduled hearing may be rescheduled beyond the sixty (60) day period by mutual agreement of petitioner, and the Authority: The petitioner shall be given reasonable notice of such hearing by certified or registered mail, return receipt requested, sent to the address on the annual collection assessment roll or another address if specifically designated in the petition for appeal. The Board may designate by Resolution an independent person or persons, not an employee of the Authority to carry out the responsibilities of the Board to hear, review and render decisions on appeals. At any hearing on such petition for appeal, formal Rules of Evidence shall not apply but fundamental due process and the essential requirements of law shall be observed and shall govern the proceedings. The burden shall be on the petitioner to prove the right to the relief requested by clear and convincing evidence. All witnesses shall be placed under oath or affirmation by any officer permitted under Florida law to administer oaths or by the clerk to the Board_ Petitioner and the Authority shall have the right to: Call and examine witnesses; introduce exhibits; cross-examine witnesses on any relevant matter; and, rebut the evidence. At all hearings the Board, or Board designee, shall hear and consider all facts material to the petition and thereafter the Board, or Board designee, also considering the provisions of this Resolution, and amendment thereto, as well as the purposes and intent thereof, may grant or deny, partially or wholly, the relief requested in the petition. The decision of the Board, or Board designee, resulting from a hearing shall be final, and no petition for rehearing or reconsideration shall be considered. The owner receiving an exemption or error correction pursuant to this Section shall be refunded their $15.00 filing fee. The procedure regarding notice to the property appraiser's office, as stated above, of the exemption or correction shall be followed. Any person, including the Authority and the petitioner, who is aggrieved by any decision of the Board, or Board designee, may apply in the circuit court of the County, within thirty (30) days of rendition of such decision, for a review by writ of certiorari in accordance with the applicable Florida appellate Rules. SECTION 12: NON-ASSESSED UNITS. All solid waste generated or accumulated by a non-assessed unit shall be collected, conveyed and transported by the designated franchisee within which franchise area such non-assessed unit is located, and the owners of all non- assessed units on the established route of the designated franchisee for such franchise area in which the non-assessed unit is located shall subscribe to such franchisee's collection service. However, roll-off services for sites under construction during the period prior to the issuance of a certificate of occupancy shall not be included within the requirements of this Resolution, but shall be regulated by separate resolution. The franchisee shall contract directly with the non assessed unit owners for the collection of solid waste and shall be entitled to receive compensation from such owners for the service provided in accordance with the provisions, terms, conditions, requirements and limitations contained in the franchise granted to such franchisee by the franchisor. SECTION 13: SEVERABILITY. If any clause, section or provision of this Resolution shall be declared by a court of competent jurisdiction to be unconstitutional or invalid for any cause or reason, only such portion shall be eliminated from this Resolution and the remainder of this Resolution shall continue in full force and effect and shall be construed to fulfill the intent of this Resolution so as to be as valid as if such invalid portion thereof had not been incorporated therein. 13 SECTION 14: EFFECTIVE D~TE. This Resolution shall take effect immediately upon its passage. READ AND ADOPTED THIS AUTHORITY BOARD. DA Y OF , 2006, BY THE SOLID WASTE A TIEST: SOLID WASTE AUTHORITY OF PALM BEACH COUNTY Sandra J. Vassalotti Clerk to the Authority Commissioner Addie Greene, Chairman Solid Waste Authority Governing Board APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Maureen Cullen, General Counsel 14 :'::'r EXHIBIT" A" SCHEDULE OF STANDARDS FOR RESIDENTIAL UNIT In making the determination of whether the Owner has demonstrated an error in the classification assigned to the parcel of improved real property in question, the following standards shall be considered. These factors are not exclusive and are only guides. SECTION A: These factors indicate an assessable use and/or its classification of use: 1) The subject parcel is improved with buildings, structures or other improvements designed or constructed for and capable of use or used for human inhabitation. 2) The type of actual use to which the parcel is currently being applied. 3) If not in current use, the most apparent use for the parcel based on its construction, layout, location, equipment and/or furnishings. 4) The property appraiser's classification. 5) The unit has "kitchen facilities", which is defined to include one or more of the following: stove, refrigerator, microwave, hot plate, sink, or dishwasher. 6) Separate entrances and capability of separate living quarters. SECTION B: These factors do not of themselves deem a parcel as non-assessable: 1) That parcel is currently vacant. 2) That parcel is currently not in use. 3) That parcel is partially vacant or partially not in use. 4) Lack of utility connection. SECTION C: Examples of structures that are considered as not capable of generating waste, and thus are not assessable: 1) Canopies or shelters used for parking only and detached from other structures on parcel. 2) Detached garage used solely for storage of automobile(s) and normal residential possessions in the same manner as if the garage were attached to a residential structure. 3) Barns, sheds or storage buildings used to house equipment, farm supplies, etc. and in which no manufacturing, commercial operation or other like activity is performed. 4) Boat docks; 5) Structure for which a demolition or condemnation order has been issued. 15 gr\1"Y Ok '0(.,.". /......... i..~ ~ ;.~....~ '\.-1'01'1 $~ CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORlVI VI.-CONSENT AGENDA ITEM C.6 Requested City Commission Date Final Form Must be Turned Requested CIty Commission Date Final Form Must be Turned Meetii'lg Dates in to Citv Clerk's Office Meeting Dates in to City Clerk's Office D August I, 2006 July 17,2006 (Noon.) ~ October 3, 2006 September 18, 2006 (Noon) D August 15, 2006 July 31, 2006 (Noon) D October 17,2006 October 2, 2006 (Noon) D September 6, 2006 August 14,2006 (Noon) D November 8, 2006 October ]6,2006 (Noon) D September ]9,2006 September 5, 2006 (Noon) D November 21,2006 November 6, 2006 (Noon) D AnnouncementsiPresentations D City Manager's Report NATURE OF D Administrative D New Business AGENDA ITEM ~ Consent Agenda D Legal D Code Compliance & Legal Settlements D Unfinished Business D Public Hearing D RECOMMENDATION: Motion to approve and authorize the execution of a Resolution for a Task Order for $9,850 to SFRN, Inc. to provide Site Plan Exhibits and the Permit Applications for dredging and adding two (2) buoys to the channel at Boat Club Park. EXPLANA TION: The channel at Boat Club Park that leads to the Intracoastal Waterway and the Boynton Inlet coIlects sand and other debris which, over time, can create a navigation hazard, The City has been receiving complaints from boaters of frequent running aground, The channel was dredged approximately five (5) years ago in a joint project with Palm Beach County. The joint effort results in cost savings to both parties because the contractor is able to dredge two areas that are close together without having to mobilize for both areas, A recent survey of the channel shows some additional siltation from last year's survey. AdditionaIly, the channel markers need to be increased from four (4) to six (6). This project will include the site plan drawings for the dredging permit, location of additional buoys and the permit applications for the Florida Department of Environmental Protection and the U. S_ Coast Guard_ The project will again be done in conjunction with Palm Beach County_ PROGRAM IMP ACT: Dredging and additional marking of the channel will enhance the opportunities for a better boating experience and increased boating safety. FISCAL IMPACT: The cost of the dredging plans and permit applications is $9,850.00_ The funds are budgeted in the FY 06/07 Parks Division budget in Other Contracted Services (Acct # 001 -273 I -572-49-17), which has a current balance of $92,700. The 2006-07 Capital Improvements Program budget includes $65,000 for the dredging project. ALTERNATIVES: Department Name Recreation and Parks S\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 RESOLUTION NO. R 06- 2 3 A RESOLUTION OF THE CITY COMMISSION OF THE 4 CITY OF BOYNTON BEACH, FLORIDA, APPROVING 5 AND AUTHORIZING A PROPOSAL DATED AUGUST 6 3, 2006 WITH SFRN, INC., FOR PROFESSIONAL CIVIL 7 ENGINEERING SERVICES TO PROVIDE SITE PLAN 8 EXHIBITS AND THE PERMIT APPLICATION FOR 9 DREDGING AND ADDING TWO BOUYS TO THE 10 CHANNEL AT BOAT CLUB PARK IN THE AMOUNT 11 OF $9,850.00; AND PROVIDING AN EFFECTIVE DATE. 12 13 WHEREAS, upon recommendation of staff, the City Commission has determined 14 hat it is in the best interests of the residents of the City to approve and authorize the proposal 15 rom SFRN, Inc., dated August 3, 2006, in the amount of $9,850.00 to provide Site Plan 16 xhibits and Permit Applications for dredging and adding two (2) bouys to the channel at 20 17 oat Club Park_ 18 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 19 HE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1_ The foregoing "Whereas" clauses are hereby ratified and confirmed as 21 eing true and correct and are hereby made a specific part of this Resolution upon adoption 22 Section 2. The City Commission of the City of Boynton Beach, Florida does 23 24 ereby approve and authorize the proposal from SFRN, Inc., dated August 3, 2006, in the 25 mount of $9,850.00 to provide Site Plan Exhibits and Permit Applications for dredging and 26 dding two (2) bouys to the channel at Boat Club Park, a copy of which is attached hereto as 27 xhibit "A". 28 29 Section 3. This Resolution shall become effective immediately upon passage. :\Documents and Settings\PrainitoJ\Local Settings\Temporary Internet Files\OLK104\SFRN REso.doc 1 PASSED AND ADOPTED this _ day of September, 2006. 2 3 CITY OF BOYNTON BEACH, FLORlDA 4 5 6 Mayor - Jerry Taylor 7 8 9 Vice Mayor - Carl McKoy 10 11 12 Commissioner - Robert Ensler 13 14 15 Commissioner - Mack McCray 16 17 18 Commissioner - Muir C. Ferguson 19 TTEST: 20 21 22 ity Clerk ~~ 25 Corporate Seal) :\Documents and Settings\PrainitoJ\Local Settings\Temporary Intemet Files\OLK104\SFRN REso.doc K. Daniel Shalloway, I't Gary M. Rayman, PS.M Warren H. Newell Brian 1. laMotte, PE. Keith B. Jackson, PE Lisa A. Trapepe, PE. C Andre Rayman, P.S.M" G./.5. r ,INC. Engineers Surveyors GIS Moppers Shalloway Engineering August 3, 2006 Ms. Jody Rivers, Parks Superintendent City of Boynton Beach P.O. Box 310 Boynton Beach, Fiorida 33425-03'10 Re: Boat Club Park Channel Dredging SFRN Project No. 3018.07 Dear Ms. Rivers: We are pleased to offer this proposal to render professional civil engineering services in connection with the dredging of the channel at Boat Club Park (hereinafter called the 'Projecr). This proposal is based on the scope of work defined at our July 13, 2006 meeting and conversations with the FDEP, Palm Beach County DERM, the U.S. Coast Guard and the Florida Fish and Wildlife Conservation Commission. Our services will consist of preparation of FDEP and U.S. Coast Guard permit applications and site plan exhibits for dredging the channel and for adding two (2) buoys to mark the channel. The site plan exhibits include location maps, plan views, cross-sections, plan of adjacent property owners, and sea grass boundaries (prepared by others). Our services will be provided for a lump sum of $9,850.00 based on the following distribution of compensation: A. B. Site Plan Exhibits Permit Applications and Follow-up $5,000.00 $4,850.00 The total fee does not include the payment of any governmental agency submittal or processing fees. The cost of printing, reproduction, long distance telephone calls, facsimile, mileage, and postage are included in our lump sum fees. Minor permit follow-up is included in our lump sum fee, however responding to comments that require a significant effort to satisfy will be performed as additional services. 08-03-06 PROPOSAL SFRN Project No. 3018.07 Page 1 /20/ Belvedere Road, West Palm Beach, Fl 33405 TEl: (56/) 655-//5/ FAX: (56/) 832-9390 f-Mail: info@sfminuom Official Website: www.sfminuom We would expect to start our services promptly after receipt of your acceptance of this proposal and be ready to submit for permit approval within 30 days. Project Timeline: . August 15, 2006 . September 22,2006 . November 3, 2006 Commission Approval of Proposal Submit Permits to PSC DERM and U. S. Coast Guard Permit Approvals This proposal and our November 18, 2005 Agreement represent the entire understanding between you and us in respect to the Project. If this satisfactorily sets forth your understanding of our scope of services, we would appreciate you sending us a written work authorization. Sincerely, ~f-'~ Michael R. Hanseter, P. E. Director of Engineering Approved by: ~.. Lisa A. Tropepe, P.E. Vice President LAT/lb c: C. Sorensen, SFRN 08-03-06 PROPOSAL SFRN Project No. 3018.07 Page 2 Page I of I Rivers, Jody From: Swanson, Lynn on behalf of Cherof, James Sent: Wednesday, August 16, 20068:19 AM To: Rivers, Jody Subject: RE: Proposal from SFRN for Engineering Services Good to go. From: Rivers, Jody Sent: Tuesday, August 15, 20068:10 AM To: Cherof, James Subject: Proposal from SFRN for Engineering Services Good morning, Jim, Have you been able to review this proposal. I was hoping to get it on the Sept. 6 agenda. Thanks Jovttj RL,Veys Parks Superintendent City of Boynton Beach 100 E Boynton Beach Blvd Boynton Beach, FL 33425 (561) 742-6226 (561) 742-6233 (fax) A sense of COMMUNITY ..It Starts in Parks What transforms a crowd into a community? Parks provide that chance. Boynton Beach's parks are where lifetime friendships are formed, where generations can come together, where people discover what they have in common. It starts in parks. 8/16/2006 Page 1 of 1 Prainito, Janet From: Rivers, Jody Sent: Monday, August 21,20061:22 PM To: Prainito, Janet; LeJeune, Carisse Cc: Majors, Wally; Hawkins, Wilfred Subject: Agenda Item - Task ORder for SFRN for work at Boat Club Park Please remove this item from the September 6 Commission meeting. We will shoot for a meeting in October. Thanks Jovttj Rivers Parks Superintendent City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, FL 33425 (561) 742-6226 (561) 742-6233 (fax) A sense of COMMUNITY. .It Starts in Parks What transforms a crowd into a community? Parks provide that chance. Boynton Beach's parks are where lifetime friendships are formed, where generations can come together, where people discover what they have in common. It starts in parks. 8/21/2006 ..~ ". '-' \ -r:.pv...._.:? .A- .' '. ^\ / )~. ;: . '"", " ~ if) ~'.l.2... 'o;:'>:::>;';? CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORlVI VI.-CONSENT AGENDA ITEM C.7. 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 0 August 1,2006 Ju]y 17,2006 (Noon.) ~ October 3, 2006 September 18,2006 (Noon) 0 August ]5,2006 Ju]y 31, 2006 (Noon) 0 October 17,2006 October 2, 2006 (Noon) 0 September 6, 2006 August 14,2006 (Noon) 0 November 8, 2006 October 16,2006 (Noon) 0 September 19,2006 September 5, 2006 (Noon) 0 November 21,2006 November 6, 2006 ONoon) 0 Announcements/Presentations 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM ~ Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfmished Business 0 Public Hearing 0 RECOMMENDATION: Motion to approve Resolution No. R06-_ to authorize application and agreement for Library State Aid Grant. EXPLANATION: The State requires that each year, the City Commission authorize the Grant Application and Agreement for Library State Aid. The Library Advisory Board recommends its approval. Final grant award is based on FY2004-2005 City of Boynton Beach funds expended for Library Services ($1,504,122). Final grant award to Boynton Beach will be announced in February 2007 and is based on State Legislature approval of State Aid Fund allocation to libraries in the State of Florida. PROGRAM IMPACT: Approval will qualify the Library to receive a State Aid Grant which is an incentive program designed to encourage communities to provide adequate local funding to support library service. FISCAL IMPACT: State Aid Grants bring additional library resources to the community. Grants formulas are based on local funds invested in library service. The more local money spent on Library Services, the higher the grant amounts. ALTERNATIVES: Do not approve and eliminate the Library from the State Aid ~~ D artment Head's SIgnature City Manager's Signature Assistant to City Manager (1 h/ Department Name City Attorney I Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 RESOLUTION NO. R 06- 2 3 A RESOLUTION OF THE CITY COMMISSION OF THE 4 CITY OF BOYNTON BEACH, FLORIDA, APPROVING 5 AND AUTHORIZING EXECUTION OF THE LIBRARY 6 STATE AID GRANT AGREEMENT BETWEEN THE 7 CITY OF BOYNTON BEACH AND FLORIDA 8 DEPARTMENT OF STATE, DIVISION OF LIBRARY 9 AND INFORMATION SERVICES; AND PROVIDING AN 10 EFFECTIVE DATE. 11 12 13 WHEREAS, the State of Florida requires that the City of Boynton Beach authorize the 14 Grant Application for Library State Aid each year; and 15 WHEREAS, upon recommendation of staff, the City Commission has determined 16 that it is in the best interests of the residents of the City to authorize execution of the Library 17 State Aid Grant Agreement with the Florida Department of State, Division of Library and 18 Information Services. 19 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 20 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 21 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 22 being true and correct and are hereby made a specific part of this Resolution upon adoption 23 hereof. 24 Section 2. The City Commission of the City of Boynton Beach, Florida does 25 hereby authorizing execution of the Library State Aid Grant Agreement with Florida 26 Department of State, Division of Library and Information Services, a copy of which is 27 attached hereto as Exhibit "A". 28 Section 3. This Resolution shall become effective immediately upon passage. 29 S:ICA lRESO\AgreementslGrantslLibrary State Aid Grant 2006.doc 1 PASSED AND ADOPTED this _ day of October, 2006. 2 3 CITY OF BOYNTON BEACH, FLORIDA 4 5 6 Mayor - Jerry Taylor 7 8 9 Vice Mayor - Carl McKoy 10 11 12 Commissioner - Robert Ensler 13 14 15 Commissioner - Mack McCray 16 17 18 Commissioner - Muir C.Ferguson 19 ATTEST: 20 21 22 City Clerk ~~ 25 26 (Corporate Seal) 27 S:\CA \RESOlAgreements\GrantslLibrary State Aid Grant 2006.doc FLORIDA DEPARTMENT OF STATE DIVISION OF LIBRARY AND INFORMATION SERVICES FY2006-2007 STATE AID TO LIBRARIES GRANT APPLICATION File by October 1, 2006 Check One: Single County Library --L Municipal Library County Participating in a Multicounty Library The CITY OF BOYNTON BEACH (name of library governing body) governing body for the BOYNTON BEACH CITY LIBRARY (name of county or municipal library) Complete either Section 1A or 1 B as applicable. 1 A Certification of Local Operating Expenditures We hereby certify that the following total funds from local sources were expended centrally during the fiscal year beginning October 1 , 2004 and ending September 30, 2005 for the operation and maintenance of a library under the provisions outlined in Chapter 257.14 - 257.25, Florida Statutes, and guidelines for the State Aid to Libraries Grant Program. We further certify that the amount listed below does not include funds received from the federal government; funds received from state government; or funds used for purchase or construction of a library building or library quarters. Such funds are not eligible to be used as local match for State Aid applications under Chapter 257, Florida Statutes, and guidelines for the State Aid to Libraries Grant Program. Total local funds expended centrally by the library for the operation and maintenance of a library between October 1, 2004 and September 30, 2005. $ 1 . ')04, 1 n Form #DLlS/SA01 Effective 12-28-2003 page 1 of 3 Library Name: BOYNTON BEACH CITY LIBRARY 1 B Certification of Local Operating Appropriations (Complete this section onlv if the applicant is a newly established public library in the first two years of operation.) We hereby certify that the following total funds from local sources are appropriated to be expended centrally during the fiscal year beginning October 1, 2005 and ending September 30, 2006 for the operation and maintenance of a library under the provisions outlined in Chapter 257.14 - 257.25, Florida Statutes, and guidelines for the State Aid to Libraries Grant Program. We further certify that the amount listed below does not include funds received from the federal government; funds received from state govemment; or funds used for purchase or construction of a library building or library quarters. Such funds are not eligible to be used as local match for State Aid applications under Chapter 257, Florida Statutes, and guidelines for the State Aid to Libraries Grant Program. Total local funds appropriated to be expended centrally by the library for the operation and maintenance of a library between October 1, 2006 and September 30, 2007. $ 2,283,730 William Mummert Typed Name Craig Clark Typed Name OC}/] ')/06 Date 09/15/06 Date Form #DLlS/SA01 Effective 12-28-2003 page 2 of 3 FLORIDA DEPARTMENT OF STATE DIVISION OF LIBRARY AND INFORMATION SERVICES EXPENDITURE OR APPROPRIATION REPORT Library Name: BOYNTON BEACH CITY LIBRARY II. Check Applicable ~ Expenditure Report - October 1, 2004- September 30, 2005 _ Appropriation Report - October 1, 2006 - September 30, 2007 (Provide appropriation onlv if the applicant is a newly established public library in the first two years of operation.) EXPENDITUREI FUNDING OR REVENUE SOURCES: TOTAL APPROPRIATION CATEGORY LOCAL STATE FEDERAL OTHER 10 Personal Services 1,095,757 1,095,757 30 Operating Expenses 272,370 49,148 321,518 60 Capital Outlay (Non-Fixed) 135,995 54,875 6,137 197,007 . . Other Total for the operation & maintenance of the 1,504,122 104,023 J 6,137 1,614,282 library (Record this amount on page 1) - . 60 Capital Outlay (Fixed, including purchase or 942,395 942,395 construction of a library building or quarters) Form #DLlS/SA01 Effective 12-28-2003 page 3 of 3 Florida Department of State, Division of Library and Information Services STATE AID TO LIBRARIES GRANT AGREEMENT The Applicant (Grantee) CITY OF BOYNTON BEACH (Name of library governing body) Governing body for BOYNTON BEACH CITY LIBRARY (Name of library) hereby makes application and certifies eligibility for receipt of grants authorized under Chapter 257, Florida Statutes and guidelines for the State Aid to Libraries Grant Program. I. The Grantee agrees to: a. Expend all grant funds awarded and perform all acts in connection with this agreement in full compliance with the terms and conditions of Chapter 257, Florida Statutes, and guidelines for the State Aid to Libraries Grant Program. Funds will not be used for lobbying the legislature, the judicial branch, or any state agency. b. Provide the Division of Library and Information Services (DIVISION) with statistical, narrative, financial, and other reports as requested. c. Not discriminate against any employee employed in the performance of this agreement, or against any applicant for employment because of race, color, religion, gender, national origin, age, handicap, or marital status. The Grantee shall insert a similar provision in all subcontracts for services by this agreement. d. Retain all records for a period of 5 years from the date of submission of the final project report. If any litigation, claim, negotiation, audit, or other action involving the records has been started before the expiration of the 5 year period, the records shall be retained until completion of the action and resolution of all issues which arise from it, or until the end of the regular 5 year period, whichever is later. e. In the event that the Grantee expends a total amount of state financial assistance equal to or in excess of $500,000 in any fiscal year of such grantee, the Grantee must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. In determining the state financial assistance expended in its fiscal year, the Grantee shall consider all sources of state financial assistance, including state financial assistance received from the Department of State, other state agencies, and other nonstate entities. State financial a~sistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. In connection with the audit requirements addressed in part e., paragraph 1, the Grantee shall ensure that the audit complies with the requirements of Section 2 15.97(8), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. If the Grantee expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the grantee expends less than $500,000 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the nonstate entity's resources (i.e., the cost of such an audit must be paid from the grantee's resources obtained from other than State entities). Information related to the requirements of Section 215.97, Florida Statutes, (the Florida Single Audit Act) and related documents may be found at www.fsaa.state.fl.us. Copies of financial reporting packages required by this agreement shall be submitted by or on behalf of the Grantee directly to each of the following: A. The Department of State at the following addresses: Department of State Grants Office Division of Library and Information Services R. A. Gray Building, 2nd Floor 500 South Bronough Street Tallahassee, FL 32399-0250 B. The Auditor General's Office at the following address: Auditor General's Office Room 401, Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 f. Identify an individual or position with the authority to make minor modifications to the application, if necessary, prior to execution of the agreement. II. The DIVISION agrees to: a. Provide a grant in accordance with the terms of this agreement in consideration of the Grantee's performance hereinunder, and contingent upon an annual appropriation by the Legislature. In the event that the state funds on which this agreement is dependent are withdrawn, this agreement is terminated and the DIVISION has no further liability to the Grantee beyond that already incurred by the termination date. In the event of a state revenue shortfall, Operating Grants shall be reduced in accordance with Section 257.195, Florida Statutes. b. Notify the grantee of the grant award after review and approval of required documents. The grant amount shall be calculated in accordance with Chapter 257, Florida Statutes and guidelines for the State Aid to Libraries Grant Program. c. Distribute grant funds in two payments. The first payment will be requested by the DIVISION from the Comptroller upon execution of the agreement. The remaining payment will be made by June 30. III. The Grantee and the DIVISION mutually agree that: a. This instrument embodies the whole agreement of the parties. There are no provisions, terms, conditions, or obligations other than those contained herein; and this agreement shall supersede all previous communications, representation, or agreements either verbal or written, between the parties. No amendment shall be effective unless reduced in writing and signed by the parties. b. The agreement is executed and entered into in the State of Florida, and shall be construed, performed, and enforced in all respects in accordance with the laws and rules of the State of Florida. Each party shall perform its obligations hereunder in accordance with the terms and conditions of this agreement. c. If any term or provision of the agreement is found to be illegal and unenforceable, the remainder of the agreement shall remain in full force and effect and such term or provision shall be deemed stricken. d. No delay or omission to exercise any right, power, or remedy accruing to either party upon breach or default by either party under this Agreement shall impair any such right, power, or remedy of either party; nor shall such delay or omission be construed as a waiver of any such breach or default, or any similar breach or default. e. The DIVISION shall unilaterally cancel this agreement if the Grantee refuses to allow public access to all documents or other materials subject to the provisions of Chapter 119, Florida Statutes. f. Unless authorized by law and agreed to in writing by the DIVISION, the DIVISION shall not be liable to pay attorney fees, interest, or cost of collection. g. The DIVISION shall not assume any liability for the acts, omissions to act or negligence of the Grantee, its agents, servants or employees; nor shall the Grantee exclude liability for its own acts, omissions to act or negligence to the DIVISION. In addition, the Grantee hereby agrees to be responsible for any injury or property damage resulting from any activities conducted by the Grantee. h. The Grantee, other than a Grantee which is the State or agency or subdivision of the State, agrees to indemnify and hold the DIVISION harmless from and against any and all claims or demands for damages of any nature, including but not limited to personal injury, death, or damage to property, arising out of any activities performed under this agreement and shall investigate all claims at its own expense. I. Neither the State nor any agency or subdivision of the State waives any defense of sovereign immunity, or increases the limits of its liability, upon entering into a contractual relationship. j. The Grantee, its officers, agents, and employees, in performance of this agreement, shall act in the capacity of an independent contractor and not as an officer, employee or agent of the DIVISION. Under this agreement, Grantee is not entitled to accrue any benefits of state employment, including retirement benefits and any other rights or privileges connected with employment in the State Career Service. Grantee agrees to take such steps as may be necessary to ensure that each subcontractor of the Grantee will be deemed to be an independent contractor and will not be considered or permitted to be an agent, servant, joint venturer, or partner of the DIVISION. k. The Grantee shall not assign, sublicense, nor otherwise transfer its rights, duties, or obligations under this agreement without the prior written consent of the DIVISION, whose consent shall not unreasonably be withheld. The agreement transferee must demonstrate compliance with the requirements of the program. If the DIVISION approves a transfer of the Grantee's obligations, the Grantee remains responsible for all work performed and all expenses incurred in connection with the Agreement. In the event the Legislature transfers the rights, duties, or obligations of the Department to another governmental entity pursuant to section 20.60, Florida Statutes, or otherwise, the rights, duties, and obligations under this agreement shall also be transferred to the successor government entity as if it were an original party to the agreement. I. This agreement shall bind the successors, assigns and legal representatives of the Grantee and of any legal entity that succeeds to the obligation of the DIVISION. m. This agreement shall be terminated by the DIVISION because of failure of the Grantee to fulfill its obligations under the agreement in a timely and satisfactory manner unless the Grantee demonstrates good cause as to why it cannot fulfill its obligations. Satisfaction of obligations by Grantee shall be determined by the DIVISION, based on the terms and conditions imposed on the Grantee in paragraphs I and III of this agreement and guidelines for the State Aid to Libraries Grant Program. The DIVISION shall provide Grantee a written notice of default letter. Grantee shall have 15 calendar days to cure the default. If the default is not cured by Grantee within the stated period, the DIVISION shall terminate this agreement, unless the Grantee demonstrates good cause as to why it cannot cure the default within the prescribed time period. For purposes of this agreement, "good cause" is defined as circumstances beyond the Grantee's control. Notice shall be sufficient if it is delivered to the party personally or mailed to its specified address. In the event of termination of this agreement, the Grantee will be compensated for any work satisfactorily completed prior to notification of termination. n. Unless there is a change of address, any notice required by this agreement shall be delivered to the Division of Library and Information Services, 500 South Bronough Street, Tallahassee, Florida 32399-0250, for the State and, for the Grantee, to its single library administrative unit. In the event of a change of address, it is the obligation of the moving party to notify the other party in writing of the change of address. IV. The term of this agreement will commence on the date of execution of the grant agreement. THE APPLICANT/GRANTEE THE DIVISION Chair of Governing Body or Chief Executive Officer Florida Department of State Division of Library and Information Services MAYOR GERALD S. TAYLOR Typed Name Typed Name Date Date Clerk or Chief Financial Officer Witness JANET M. PRANITO. CITY CLERK Typed Name and Title of Official Date Date ~1',( Ot:- (' \\ lJl" . 1 J: 0\ /i; ;.:" ./\;". Ilv"-"", ,...-'"''' ~. 1"0 N 1:> CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FOR1\'.l VI.-CONSENT AGENDA ITEM C.S. Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City C]erk's Office Meetine. Dates in to City Clerk's Office 0 August I, 2006 July 17,2006 (Noon.) ~ October 3, 2006 September ]8,2006 (Noon) 0 August] 5,2006 Ju]y 31, 2006 (Noon) 0 October 17,2006 October 2, 2006 (Noon) 0 September 6, 2006 August 14,2006 ONoon) 0 November 8, 2006 October ]6,2006 (Noon) 0 September 19, 2006 September 5, 2006 (Noon) 0 November 21 , 2006 November 6, 2006 (Noon) 0 Announcements/Presentations 0 City Manager's Report NA TURE OF 0 Administrative 0 New Business AGENDA ITEM ~ Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 RECOMMENDATION: Approve Resolution No. R06-_authorizing the City Manager and City Clerk to execute an agreement for profession services between the City of Boynton and Ms. Donna Brosemer, d/b/a Politically Correct Inc. in the amount of $31,500 annually. EXPLANATION: The City engaged the services of Ms. Brosemer to conduct research and perform intergovernmental contract work on the Boynton Inlet Project Through her efforts, the City was able to secure a $160,000 grant in 2005 from the South Florida Water Management District for a feasibility study of modernizing the Boynton Inlet This initiative was approved by the City Commission in June 2004. In addition, Ms. Brosemer has been working with our Development Department, GIS and the County on an annexation report and recommendation to take in pockets of property by annexation. The purpose of this project is to equalize services and to provide additional tax revenue for the City. This is a project that takes research and time that the City staff does not currently have the time to pursue. In addition, Ms. Brosemer has been working on and has secured funding for the environmental study of the landfill adjacent to the Boynton Links. The addendum to the contract lists proposed activities for the upcoming fiscal year. PROGRAM IMPACT: This will allow the Boynton Inlet, Annexation project and the adaptive re-use of the golf course property to proceed. In addition, the proposed scope of work includes adjunct lobby work in Tallahassee, as needed and assistance on formalizing any recommendations from the American Assembly Project scheduled to be completed in October 2006. FISCAL IMPACT: (Include Account Number where funds will come from.) Funds are available in account # 00]-1] 10-511-95-48 - Strategic Plan Implementation (Fund Balance = $]25,000). AL TERNA TlVES: Do not proceed with contract at this time. d,[orrro. ~ Dep ment Head's Signature anager's Signature Assistant to City Manager ~ t Name A ITEM REQUEST FORM.DOC City Attorney / Finance 1 2 RESOLUTION NO. R06- 3 4 A RESOLUTION OF THE CITY COMMISSION OF THE 5 CITY OF BOYNTON BEACH, FLORIDA, 6 AUTHORIZING THE CITY MANAGER AND CITY 7 CLERK TO EXECUTE AN AGREEMENT FOR 8 PROFESSIONAL SERVICES BETWEEN CITY OF 9 BOYNTON BEACH AND POLITICALLY CORRECT, 10 INC., PROVIDING PROFESSIONAL SERVICES FOR 11 THE SPECIFIC PROJECTS AND ACTIVITIES; AND 12 PROVIDING AN EFFECTIVE DATE. 13 14 15 WHEREAS, the City Commission of the City of Boynton Beach, upon 16 recommendation of staff, deems it to be in the best interests of the citizens and residents of 17 the City of Boynton Beach, to enter into an agreement with Politically Correct, Inc., to 18 provide professional services for specific projects and activities as set forth on the Addendum 19 attached to the Agreement, and to authorize the City Manager and City Clerk to execute said 20 Agreement; 21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 22 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 23 Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby 24 ratified and confirmed by the City Commission. 25 Section 2. The City Commission of the City of Boynton Beach, Florida does 26 hereby authorize and direct the City Manager and City Clerk to execute an Agreement 27 between the City of Boynton Beach and Politically Correct, Inc., to provide professional 28 services for specific projects and activities as set forth on the Addendum to the Agreement, a 29 copy of which Agreement is attached hereto as Exhibit "A". 30 Section 3. This Resolution shall become effective immediately upon passage. 31 :ICAIRESOlAgreemenlslPohlically Correct 100306.doc PASSED AND ADOPTED this _ day of October, 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 ~ Jerry Taylor Vice Mayor - Carl McKoy Commissioner - Robert Ensler Commissioner - Mack McCray Commissioner - Muir C. Ferguson S:ICAIRESOlAgreemenlslPolilically Correc1100306.doc AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF BOYNTON BEACH AND POLITICALLY CORRECT INC. The following is an Agreement between the City of Boynton Beach, hereinafter referred to as "CITY," and the firm of Politically Correct Inc., a Florida corporation, hereinafter referred to as "CONTRACTOR." WHEREAS, CONTRACTOR is a duly qualified expert in the field of government relations. WHEREAS, in the judgment of the City Commission of the City of Boynton Beach, it is necessary and desirable to employ the services of CONTRACTOR to assist the City Manager with special projects approved by the City Commission. PART I - SPECIAL PROVISIONS A. Government relations. PCI will take all actions necessary and appropriate to represent the CITY at the state and local levels with elected officials, agency and government staff, regarding pertinent issues and funding opportunities; . Issues research. PCl offers its extensive experience and background in legal research to advise as to appropriate action as requested by the commission; . Issues strategies. PCI will recommend strategies as requested to best address city issues and objectives; . Special projects implementation. PCI will work with staff to carry out issue objectives as identified by the commission; B. SPECIAL SERVICES: The CITY may from time to time request that CONTRACTOR perform special services related to specific projects that affect the operation of the CITY. For example, CONTRACTOR may be called upon to assist the CITY with a new project or represent the CITY or otherwise advance the CITY's interests in an area not designated herein. C. PAYMENT: CONTRACTOR's compensation for General Services described in Part I above shall be $31,500 per year. A monthly fee invoice shall be submitted by CONTRACTOR at the first of each month representing 1/12 of the annual fee. The CITY shall compensate CONTRACTOR for Special Services at the rate of $45 per hour, plus costs. The CITY shall reimburse the CONTRACTOR for travel expenses authorized by the CITY, subject to the limitations and requirements of Section 112.061, Florida Statutes. A. KEY PERSONNEL: CONTRACTOR has represented to CITY that CITY will have Donna Brosemer, President of CONTRACTOR's firm, in the performance of CONTRACTOR's duties hereunder, and has relied on that representation as an inducement to entering into this Agreement. PART II - GENERAL PROVISIONS A. ASSIGNMENT AND DELEGATION: Neither party hereto shall assign or delegate any interest in or duty under this Agreement without written consent to the other, and no assignment shall be of any force or effect whatsoever unless and until the other party shall have so consented. B. STATUS OF CONTRACTOR: The parties intend that CONTRACTOR, in performing the services hereinafter specified, shall act as an independent contractor and shall have control of the work and the manner in which it is performed. CONTRACTOR is not to be considered an agent or employee of CITY and is not entitled to participate in any pension plan, insurance, bonus, or similar benefits CITY provides its employees. C. METHOD AND PLACE OF GIVING NOTICE, SUBMITTING BILLS, AND MAKING PAYMENTS: All notices, bills, and payments shall be made in writing and may be given by personal delivery, e-mail or by mail. Notices, bills and payments sent by mail should be addressed as follows: CITY: Kurt Bressner City Manager City of Boynton Beach 100 E. Boynton Beach Blvd Boynton Beach, FL 33425 561-742-6010 CONTRACTOR: Donna Brosemer Politically Correct Inc. PO Box 32726 Palm Beach Gardens, FL 33420 561-775-1072 D. NON-DISCRIMINATION: CONTRACTOR shall comply with all applicable federal, state, and local laws, rules, and regulations in regard to non-discriminations in employment because of race, color, ancestry, national origin, religion, sex, age, marital status, medical condition, or physical or mental disability. E. CONFLICT OF INTEREST: CONTRACTOR is aware of the conflict of interest laws of the Municipal Code of the City of Boynton Beach and the State of Florida, Chapter 112, Florida Statutes, as amended, and agrees that it will fully comply in all respects with the terms of said laws. F. TERM OF AGREEMENT: The term of this contract shall be November 1, 2006, for one year, and shall automatically renew for subsequent one-year terms thereafter unless either party terminates the contract in writing within 60 days before the renewal date of the contract. G. JURISDICTION: This Agreement and performance hereunder and all suits and special proceedings hereunder shall be construed in accordance with the laws of the State of Florida. In any action, special proceeding or other proceeding that may be brought arising out of, in connection with, or by reason of this Agreement, the laws of the State of Florida shall be applicable and shall govern to the exclusion of the law of any other forum, without regard to the jurisdiction in which the action of special proceeding may be instituted. H. VENUE: Any and all legal action necessary to enforce this Agreement will be held in Palm Beach County, Florida. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed. 2 ATTEST: City Clerk Witnesses: CITY OF BOYNTON BEACH, FLORIDA Kurt Bressner, City Manager POLITICALLY CORRECT INC. Donna Brosemer, President 3 Addendum to Agreement for Professional Services Between the City of Boynton Beach and Politically Correct Inc. Date In addition to scope of work identified in Part I Special Provisions, Paragraph A, General Services, the CONTRACTOR agrees to assist the CITY in the following specific projects and activities: OpeninQ of Bovnton Inlet Actions: 1. Get key stakeholders to explore this opportunity. This would include Ocean Ridge, Hypoluxo, Manalapan, Palm Beach County, Florida Inland Navigation District, South Florida Water Management District and State of Florida, as well as private sector business interests, tourism and hospitality industry. 2. In cooperation with the City's federal lobby firm, develop strategy for Federal agency review and approval of feasibility. 3. Assist the City with public information and outreach for proposed inlet project. 4. Coordinate evaluation of economic and environmental impacts. 5. Coordinate RFP process, committee review of responses, and all actions necessary to complete feasibility study. 6. In cooperation with the City's state lobbying firm, identify and pursue next steps for future funding. Annexation Actions: 1. Meet with City and County Planning/Zoning staff to determine what areas can be annexed without creating enclaves. 2. Determine feasibility of residents agreeing to be annexed. Prepare pros and cons to being a City resident. Prepare cost to residents to be annexed. 3. Present findings to the City Commission for direction. 4. Inventory of current conditions, public safety, utility-related services, which will playa major influence. 5. Work with Palm Beach County on cooperative annexation and land use planning matters. 6. Develop five-year annexation plan for City Commission approval. Golf Course/Landfill Actions: 1. Provide staff assistance on the golf course/landfill environmental study. 2. Work with staff and DEP regarding public information and other administrative needs pursuant to DEP grants for Phase I, Phase II and feasibility studies for adaptive reuse and possible "exchange" of affordable housing units in an area inside the City limits. 4 LeQislative Actions: 1. Provide assistance to City's state lobbying firm as needed. 2. Legislative issues and projects as assigned by the City Commission. 3. Annexation issues involving statutory changes - interaction with the Palm Beach County legislative delegation is necessary. Other Actions: 1. Assistance to the City Manager on roll-out and implementation of City strategic plan as prepared by the FAU visioning project (late October.) The CONTRACTOR and the City Manager will jointly be responsible for providing a quarterly progress report to the City Commission. The CONTRACTOR agrees that the scope of services shall include representation of the CITY with Palm Beach County government agencies and offices. CITY OF BOYNTON BEACH, FLORIDA ATTEST: Kurt Bressner, City Manager City Clerk POLITICALLY CORRECT INC. Witnesses: Donna Brosemer, President Politically Correct Contract 5 ~"-; y .0..' :.....'..'...... ' co r.... ~~ . --' '; .'I ; -' 'v i"V" i-{)~,i .' ,; r-~ '-'/ VI.-CONSENT AGENDA ITEM C.Q CITY OF BOYNTON BEACH. AGENDA ITEM REQUEST FORlVI Requested City Commission Date Final Form Must be Turned Meetin~ Dates in to City Clerk's Office 0 August I, 2006 July 17, 2006 (Noon.) 0 August 15,2006 July 31, 2006 (Noon) 0 September 6, 2006 August 14,2006 (Noon) 0 September 19,2006 September 5, 2006 (Noon) Requested City Commission Meetine. Dates Date Final Form Must be Turned in to City Clerk's Office ~ October 3, 2006 o October 17,2006 o November 8, 2006 o November 21, 2006 September 18,2006 (Noon) October 2,2006 (Noon) October 16,2006 (Noon) ''') November 6, 2006 (Noon):'; u) '"__2~":'- , :---} " , 0 Announcements/Presentations 0 City Manager's Report ":.";, NATURE OF 0 Administrative 0 New Business '. - AGENDA ITEM ~ Consent Agenda 0 Legal ----4 ') - 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 o.i , ' '~2 -..... RECOMMENDATION: Approve Resolution No. 06-_ authorizing an agreement between the City of Boynton Beach and the American Legion Post 164, Boynton Beach, Florida that will grant the use of city owned property located in the landscape median within the right of way (ROW) ofthe intersection of West O~ean Avenue, Ocean Drive and Southwest 6th Street for the construction or placement of a monument honoring members of the United State Armed Forces. EXPLANATION: This License Agreement would grant the American Legion Post 164 the right to construct or place a monument honoring members ofthe United States Armed Forces in the landscape median in the ROW intersection of West Ocean Avenue, Ocean Drive and Southwest 6th Street, in front of the American Legion building. The American Legion will be responsible for maintenance, relocation of any utilities located on the property, and obtaining all necessary permits and approvals prior to commencing with any improvements within the property. The American Legion will also be responsible for providing, paying for, and maintaining insurance on the property. PROGRAM IMPACT: N/A FISCAL IMPACT: (Include Account Number where funds will come from.) N/A ALTERNATIVES: Not to enter into the agreement and not allow the American Legi n to place a monument on the ROW. Department Name S:\BULLET1N\FORMS\AGENDA ]TEM REQUEST FORM.DOC City Manager's Signature Assistant to City Manager ~ City Attorney / Finance 1 2 3 4 5 6 7 8 9 10 11 RESOLUTION NO. R 06- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE EXECUTION OF A LICENSE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND AMERICAN LEGION CLUB OF BOYNTON, FLORIDA; AND PROVIDING AN EFFECTIVE DATE. 12 WHEREAS, the American Legion Club of Boynton, Florida has requested to use a 13 piece of City owned property located on the landscape median within the right of way of the 14 intersection of West Ocean Avenue, Ocean Drive and Southwest 6th Street for the construction 15 or placement of a monument honoring members of the United States Armed Forces; and 16 WHEREAS, upon recommendation of staff, the City Commission has determined that 17 it is in the best interests of the residents of the City to execute a License Agreement with 18 American Legion Club of Boynton, Florida. 19 20 21 22 23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 24 being true and correct and are hereby made a specific part of this Resolution upon adoption 25 hereof. 26 Section 2. The City Commission of the City of Boynton Beach, Florida does 27 hereby authorize the execution of the License Agreement with American Legion Club of 28 Boynton, Florida, a copy of which is attached hereto as Exhibit "A". 29 30 31 Section 3. This Resolution shall become effective immediately upon passage. S:\CA \RESO\Agreements\License Agreement - American Legion.doc 1 2 PASSED AND ADOPTED this _ day of October, 2006. 3 4 CITY OF BOYNTON BEACH, FLORIDA 5 6 7 Mayor - Jerry Taylor 8 9 10 Vice Mayor- Carl McKoy 11 12 13 Commissioner - Robert Ens1er 14 15 16 Commissioner - Mack McCray 17 18 19 Commissioner - Muir C. Ferguson 20 ATTEST: 21 22 23 24 City Clerk ~! 29 (Corporate Seal) 30 31 S:\CA\RESO\Agreements\License Agreement - American Legion.doc LICENSE AGREEMENT THIS IS AN AGREEMENT~ made this _~__day of_ between: , 2006, by and THE CITY OF BOYNTON BEACH, FLORIDA, a municipal corporation organized and existing under the laws of the State of Florida, hereinafter referred to as "CITY" and AMERICAN LEGION CLUB OF BOYNTON, FLORIDA, a Florida not-for- profit corporation, hereinafter referred to as "LICENSEE". 1. DESCRIPTION OF THE PROPERTY CITY hereby grants to LICENSEE the right, license, and privilege of using certain CITY owned property located in the landscape median within the right of way of the intersection West Ocean Avenue (Gardenia Street), Ocean Drive and Southwest 6th Street (Seville Way) in the City of Boynton Beach, as depicted on the Lake Boynton Estates Plat as more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof (hereinafter referred to as the "Property"), subject to the terms and conditions set forth in this Agreement. 2. COMPENSA TION An annual fee of $1.00 shall be made by the LICENSEE for the privileges granted herein. No security deposit is required. 3. TERM This Agreement shall commence October 1 ,2006 and terminate September 30, 2026, unless terminated prior to said date as provided for herein below, and shall be renewable thereafter upon mutual consent of the parties. 4. USE OF PROPERTY LICENSEE shall use the Property only for the construction or placement of a monument honoring members of the United States Armed Forces and the maintenance thereof and not for any other purpose whatsoever without the written consent of the CITY. In conjunction with the use of the Property, LICENSEE shall LICENSEE shall be responsible for the relocation of any utilities located within the Property, and shall obtain all necessary government and agency permits and approvals prior to commencing any improvements within the Property. In addition, prior to the relocation of any utilities, LICENSEE shall obtain the consent from all companies that maintain utilities or hold utility easements within the Property. 5. ASSIGNMENT LICENSEE shall have no authority to assign any portion of the Property during the Term of this Agreement. Should LICENSEE attempt to assign this license, then the license shall be terminated forthwith without prior notice to LICENSEE. 6. RISK OF LOSS OR DAMAGE LICENSEE agrees that the monument placed on the Property is at the risk of LICENSEE and that the CITY is not responsible or any damage, vandalism or destruction to the monument following its construction or placement. LICENSEE shall give the CITY prompt written notice of any occurrence, loss, incident or accident occurring on the licensed Property. 7. INSPECTIONS CITY, its agents, or authorized employees may enter upon the Property at all reasonable times and hours, to examine same to determine if LICENSEE is properly maintaining the Property according to this Agreement. 8. INDEMNIFICATION LICENSEE acknowledges that any personal property placed on the Property is at LICENSEE'S sole risk. LICENSEE shall indemnify and save harmless and defend the CITY, its trustees, elected and appointed officials, agents, servants and employees from and against any claim, demand or cause of action of whatsoever kind or nature arising out of error, omission, or negligent act of LICENSEE, its agents, servants or employees in the use of the Property, for all costs, losses and expenses, including but not limited to, damages to persons or property, judgments and attorneys' fees arising out of or in connection with the uses or operations permitted under this Agreement. The parties recognize that various provisions of this Agreement, including but not necessarily limited to this Section, provide for indemnification by the LICENSEE and require a specific consideration be given therefor. The parties therefore agree that the sum of Ten Dollars and 00/100 ($10.00), receipt of which is hereby acknowledged, is the specific consideration for such indemnities, and the providing of such indemnities is deemed to be part of the specifications with respect to the services to be provided by LICENSEE. Furthermore, the parties understand and agree that the covenants and representations relating to this indemnification provision shall survive the term of this Agreement and continue in full force and effect as to the party's responsibility to indemnify. 9. INSURANCE LICENSEE shall provide, pay for, and maintain in force, at all times during the term of this Agreement the kinds and types of insurance as are listed on Exhibit "B". Submission of proof of insurance coverage shall be submitted to the City's Risk Manager as a condition precedent to Page 2 of6 S:\CA \AGMTS\American Legion License Agmt.doc occupancy. Failure to submit proof of continuing coverage, when requested by the City's Risk Manager shall constitute grounds for immediate termination of this agreement. 10. MAINTENANCE OF LICENSED PROPERTY AND UTILITIES The LICENSEE agrees to maintain the Property and all personal property placed thereon in accordance with the terms and conditions of this Agreement and consistent with prudent and well-reasoned maintenance procedures and techniques. 11. AMENDMENTS It is agreed that no modifications, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 12. SURRENDER UPON TERMINATION Upon the conclusion of the term, or upon termination of this Agreement, LICENSEE agrees to peaceably surrender and deliver the property to the CITY in substantially the same condition as it was delivered to LICENSEE at the beginning of this Agreement. 13. WAIVER Failure of the CITY to insist upon strict performance of any covenant or condition of this Agreement, or to execute any right herein contained, shall not be construed as a waiver or relinquishment for the future of any such covenant, condition or right, but the same shall remain in full force and effect. 14. TERMINATION This Agreement may be terminated by either party during the term hereof upon one hundred and eighty calendar days written notice to the other of its desire to terminate this Agreement, provided the CITY may only terminate this license if the continued placement of the monument creates a safety issue. 15. INDEPENDENT CONTRACTOR This Agreement does not create an employee/employer relationship between the parties. It is the intent of the parties that the LICENSEE is an independent contractor under this Agreement and not the CITY's employee for all purposes, including but not limited to, the application ofthe Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Workers Compensation Act, and the State unemployment insurance law. The LICENSEE shall retain sole and absolute discretion in the judgment of the manner and means of carrying out LICENSEE's activities and responsibilities hereunder. The LICENSEE Page 3 of6 S:\CA\AGMTS\American Legion License Agmt.doc agrees that it is a separate and independent enterprise from the CITY, that it has full opportunity to find other business, that it make its own investment in its business, and that it will utilize a high level of skill necessary to perform the work. This Agreement shall not be construed as creating any joint employment relationship between the LICENSEE and the CITY and the CITY will not be liable for any obligation incurred by LICENSEE, including but not limited to unpaid minimum wages and/or overtime premiums. 16. NOTICES Whenever any party desires to give notice unto any other party, it must be given by written notice, sent by registered United States mail, with return receipt requested, hand delivery or facsimile transmission with receipt of delivery, addressed to the party for whom it is intended and the remaining party, at the places last specified, and the places for giving of notice shall remain such until they shall have been changed by written notice in compliance with the provisions of this section. Notice shall be deemed to have been given upon receipt. For the present, the LICENSEE and the CITY designate the following as the respective places for giving of notice: CITY: City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425 Attention: City Manager Copy To: James A. Cherof, City Attorney Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, Florida 33308 Telephone No. (954) 771-4500 Facsimile No. (954) 771-4923 LICENSEE: American Legion Club of Boynton, Florida 571 W. Ocean Avenue P.O. Box 1018 Boynton Beach, Fl 33425 Attn: David W. Buckner, President Telephone No. (561) Facsimile No. (561) 17. BINDING AUTHORITY Each person signing this Agreement on behalf of either party individually warrants that he or she has full legal power to execute this Agreement on behalf of the party for whom he or she is signing, and to bind and obligate such party with respect to all provisions contained in this Agreement. Page 4 of6 S:\CA \AGMTS\American Legion License Agmt.doc 18. LAWS AND ORDINANCES LICENSEE shall observe all laws and ordinances of the CITY, county, state, federal or other public agencies directly relating to the operations being conducted on the Property. 19. SEVERABILITY If any provision of this Agreement or application thereof to any person or situation shall to any extent be held invalid or unenforceable, the remainder of this Agreement, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable shall not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent permitted by law. 20. GOVERNING LAW This Agreement shall be governed by the laws of the State of Florida with venue lying in Palm Beach County, Florida. 21. ENTIRE AGREEMENT This Agreement represents the entire and integrated agreement between the CITY and the LICENSEE and supersedes all prior negotiations, representations or agreements, either written or oral. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written above. ATTEST: CITY OF BOYNTON BEACH, FLORIDA By: Mayor City Clerk APPROVED AS TO FORM: Office ofthe City Attorney LICENSEE Page 5 of6 S:\CA \AGMTS\American Legion License Agmt.doc Signed and delivered in the presence of: American Legion Club of Boynton, Florida a Florida not-for-profit corporation By: Print Name: Print Name Title: (CORPORATE SEAL) Print Name STATE OF FLORIDA ) ) SS COUNTY OF PALM BEACH ) BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared who is personally known to me or who has provided as identification, and acknowledged he/she executed the foregoing Agreement for the use and purposes mentioned in it and is duly authorized to execute the foregoing Agreement on behalf of the American Legion Club of Boynton, Florida. IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and County aforesaid on this day of , 2006. SEAL: NOTARY PUBLIC My Commission Expires: Print or Type Name Page 6 of6 S:\CA \AGMTS\American Legion License Agmt.doc Exhibit A-License Area ,Feet 400 o 100 200 ATTACHMENT (3 City of Boynton Beach Risk Management Department INSURANCE ADVISORY FORM Under the terms and conditions of all contracts, leases, and agreements, the City requires appropriate coverages listing the City of Boynton Beach as Additional Insured. This is done by providing a Certificate ofInsurance listing the City as "Certificate Holder" and "The City of Boynton Beach is Additional Insured as respect to coverages noted." Insurance companies providing insurance coverages must have a current rating by A.M. Best Co. of "B+" or higher. (NOTE: An insurance contract or binder may be accepted as proof of insurance if Certificate is provided upon selection of vendor) The following is a list Of types of insurance required of contractors, lessees, etc., and the limits required by the City: (NOTE: This list is not all inclusive, and the City reserves the right to require additional types of insurance, or to raise or lower the stated limits, based upon identified risk.) TYPE (Occurrence Based Only) ------------------------------------------------------------------------------------------------------------------------------------------- MINIMUM LIMITS REQUIRED ------------------------------------------------------------------------------------------------------------------------------------------- General Liability Commercial General Liability Owners & Contractor's Protective (OCP) Liquor Liability Professional Liability Employees & Officers Pollution Liability Asbestos Abatement Lead Abatement Broad Form Vendors Premises Operations Underground Explosion & Collapse Products Completed Operations Contractual Independent Contractors Broad Form Property Damage Fire Legal Liability General Aggregate Products-Comp/Op Agg. Personal & Adv. Injury Each Occurrence Fire Damage (anyone fire) Med. Expense (anyone person) $ 1,000,000.00 $ 1,000,000.00 $ 1,000,000.00 $ 1,000,000.00 $ 50,000.00 $ 5,000.00 ------------------------------------------------------------------------------------------------------------------------------------------ Automobile Liability Any Auto All Owned Autos Scheduled Autos Hired Autos Non-Owned Autos PIP Basic Intermodal Combined Single Limit Bodily Injury (per person) Bodily Injury (per accident) Property Damage Trailer Interchange $ 500,000.00 to be determined to be determined to be determined $ 50,000.00 ------------------------------------------------------------------------------------------------------------------------------------------- Garage Liability Any Auto Garage Keepers Liability Auto Only, Each Accident Other Than Auto Only Each Accident Aggregate $ 1,000,000.00 $ 100,000.00 $ 1,000,000.00 $ 1,000,000.00 Excess Liability Umbrella Form Each Occurrence Aggregate ----------------------- --------- ----------------------------------------------------------- ------------------------- ---------------------- ------------------------------------------------------------------------------------------------------------------------------------------- to be determined to be determined Worker's Compensation Employer's Liability Each Accident Disease, Policy Limit Disease Each Employee Statutory Limits $ 100,000.00 $ 500,000.00 $ 100,000.00 ------------------- --------------------------------------------------------- - -------------------------------------- -------- --------------- Property Homeowners Revocable Permit Builder's Risk Limits based on Project Cost ----------------------------------------------------------------------------------------------------------------------------------------- $ 300,000.00 Other - As Risk Identified INSURANCEADVISORYFORM04 to be determined Revised 10/200 I }(.'r?~. t ~~:J:/~ '\J,...'O;;;-0 'v VI.-CONSENT AGENDA ITEM D, CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORIVl Requested City Commission Date Fina] Form Must be Turned Meeting. Dates in to City Clerk's Office Requested City Commission Meetine. Dates Date Final Form Must be Turned in to City Clerk's Office o August I, 2006 o August 15,2006 o September 6, 2006 o September 19,2006 July 17,2006 (Noon.) ~ October 3, 2006 July 3], 2006 (Noon) 0 October ] 7, 2006 August 14,2006 (Noon) 0 November 8, 2006 September 5, 2006 (Noon) 0 November 2], 2006 September 18, 2006 (Noon) October 2, 2006 (Noon) October 16, 2006 (Noon) November 6, 2006 (Noon) NATURE OF AGENDA ITEM o City Manager's Report o New Business o o o en ,"-1 ""'1.J <'-)-i -=i-< '<0 ') '! o AnnouncementslPresentations o Administrative ~ Consent Agenda o Code Compliance & Legal Settlements o Public Hearing -- -."""l Legal Unfinished Business ,,-.."" ..) ---; r"'-~I c:::)c=~ ";0 =:::: RECOMMENDATION: Motion to approve full release of surety for the project known as Dahlgren P.U.D. in the amount of $549,093.05, and return of the letter of credit number 3053264 from the Bank of America in this amount to the project developer. EXPLANA TlON: D.R. Horton, the developer of this project, established a letter of credit with the City to guarantee the installation and satisfactory operation of the water and sewer systems serving the project. All of these utilities have been installed and have operated as expected throughout the one-year warranty period. The surety may therefore be returned to the developer (D. R. Horton, Inc., 1192 East Newport Center Drive, Suite 150, Deerfield Beach, FL 33442, Attn: Karl Albertson). PROGRAM IMPACT: None FISCAL IMP ACT: None ALTERNATIVES: None UTILITIES Department Name Ik-v ~ e *~t (jo4~ . Department Head's Signature XC: Peter Mazzella (w/copy of attachments) Chris Roschek Mary MUillo, Finance Dept. City Attorney File S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC Jun~r n;d Hit! ? r '!iHI:\ l' f\( ;\.: DATE: ,IANUAI'Y 2/. )OOJ IRHEVOCABLE STANDBY LETTEF OF CFEDIT NUMREF. IO',J2()'] BENEFICIARY CITY OF BOYNTON BEACH UTILITIES DEPT. 124 E. WOOLBRIGHT RD. BOYNTON BEACH, FL 33435 APPLICANT D.R. HORTQN, INC. SOUTH FLORIDA ATTN: KARL ALBERTSON 1192 EAST NEWPORT CENTER DRIVE ATTENTION: PETER MAZZELLE UTILITIES DEPT. SUITE 150 DEERSFIELD BEACH, FL 33442 AMOUNT USD 549,093.05 FIVE HUNDRED FORTY NINE THOUSAND NINETY THREE AND 05/100'S US DOLLARS EXPIRATION JANUARY 21, 2004 AT BANK OF AMERICA,HIALEAH,FL GENTLEMEN: f WE HEREBY ESTABLISH OUR IRREVOCABLE STANDBY LETTER OF CREDIT NO. 3053264 IN YOUR FAVOR, AS BENEFICIARY, BY ORDER AND FOR ACCOUNT OF D.R. HORTON, INC., SOUTH FLORIDA, ATTN: KARL ALBERTSON, 1192 EAST NEWPORT CENTER DRIVE, SUITE 150, DEERSFIELD BEACH, FL 33442 UP TO THE AGGREGATE SUM OF FIVE HUNDRED FORTY NINE THOUSAND NINETY THREE AND 05/100 U.S. DOLLARS (U.S.$549,093.05) EXPIRING ON JANUARY 21, 2004, AT THE COUNTERS OF BANK OF AMERICA, N.A., 5875 NW 163RD STREET, MAIL CODE: FL7-405-02-06, HIALEAH, FL 33014, AVAILABLE BY PAYMENT AGAINST YOUR DRAFT(S) ON US AT SIGHT ACCOMPANIED BY: I. A STATEMENT PURPORTEDLY SIGNED BY AN AUTHORIZED OFFICIAL OF THE CITY OF BOYNTON BEACH UTILITIES DEPARTMENT, SWORN TO BEFORE A NOTARY PUBLIC, STATING' THAT: "THE FUNDS DRAWN UNDER LETTER OF CREDIT NO. 3053264 ISSUED BY BANK OF AMERICA, N.A. ARE DUE BY REASON OF D.R. HORTON, INC. - SOUTH FLORIDA'S FAILURE TO COMPLETE THE INSTALLATION OF WATER AND SANITARY SEWER SYSTEMS FOR THE PROJECT KNOWN AS DAHLGREN P.U.D., AS SHOWN ON PLANS PREPARED BY SCHNARSENGINEERING CORPORATION. THE WORK TO BE COMPLETED IS AS FOLLOWS: (LIST THE WORK D.R. HORTON, INC. - SOUTH FLORIDA FAILED TO COMPLETE.)" 2. THE ORIGINAL OF THIS LETTER OF CREDIT. 3. COPY OF BENEFICIARY'S LETTER TO DEVELOPER DATED AT LEAST 10 DAYS PRIOR TO DRAWING, NOTIFYING THEIR INTENT TO DRAW ON THIS LETTER OF CREDIT. PARTIAL DRAWINGS ARE ACCEPTABLE.. THIS LETTER OF CREDIT IS ENFORCEABLE IN A COURT OF COMPETENT JURISDICTION IN PALM BEACH COUNTY, FLORIDA, AND IS TO BE INTERPRETED BY FLORIDA LAW. ANY DRAFT DRAWN UNDER THIS LETTER OF CREDIT MUST BE MARKED "DRAWN UNDER IRREVOCABLE LETTER OF CREDIT NO. 3053264 ISSUED BY BANk OF AMERICA, N.A.". IT IS A CONDITION OF THIS LETTER OF CREDIT THAT IT SHALL BE DEEMED AUTOMATICALLY EXTENDED WITHOUT AMENDMENT FOR ONE (1) YEAR FROM THE PRESENT OR ANY FUTURE EXPIRATION DATE UNLESS AT LEAST NINETY (90) t ~ _" ,l ,.1 \ .,,_ , '",. '.. . \ I , ." I, "1 ~ ,_.."," \1...1 \ -.~k I \'1 _',,; 1" (," 1 "\t.,-""J,, \"..", 1'''1, I i.... I \" _,I, , "''''''1) ORIGINAL ,. ~ _~ 11.", ." L., I I, " Aft of America ~~;'" PAGE: 2 THIS IS AN INTEGRAL PART OF LETTER OF CREDIT NUMBER: 3053264 DAYS PRIOR TO SUCH EXPIRATION DATE YOU ARE NOTIFIED BY REGISTERED LETTER OR OVERNIGHT COURIER SERVICE THAT WE ELECT NOT TO CONSIDER THIS LETTER OF CREDIT RENEWED FOR ~~IT SUCH PERIOD. WE HEREBY ENGAGE WITH YOU THAT ANY DRAFT(S) DRAWN UNDER AND IN COMPLIANCE WITH THE TERMS OF THIS LETTER OF CREDIT WILL BE DULY HONORED UPON PRESENTATION TO BANK OF AMERICA, N.A., 5875 NW 163RD STREET, MAIL CODE: FL7-405-02-06, HIALEAH, FL 33014, AS SPECIFIED HEREIN. UNLESS OTHERWISE EXPRESSLY STATED HEREIN, THIS LETTER OF CREDIT IS SUBJECT TO THE UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS (1993 REVISION), INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION NO. 500. IF YOU REQUIRE ANY ASSISTANCE OR HAVE ANY QUESTIONS REGARDING THIS TRANSACTION, PLEASE CALL 213-345-0132. I ie'l2 'Y-t"1./-G~ HOSE T AGUSTIN - ----------------------- A HORIZED SIGNATURE q')O eJI If 0 < . /} I .! LIl ":O)~' ;-::aA RO'"'''/ Cr [.'L- '. . ~ ,,/)./ ~ ; I c.' ~~O~i~~D si~~~~~------ VI.-CONSENT AGENDA ITEM E. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FOR1vl Requested City Commission Date Final Form Must be Turned Requested City Corrnnission Date Fina] Form Must be Turned Meetine. Dates in to City Clerk's Office Meetine. Dates in to City Clerk's Office 0 August I, 2006 Ju]y 17,2006 (Noon.) ~ October 3, 2006 September 18,2006 (Noon) 0 August 15,2006 July 31, 2006 (Noon) 0 October 17, 2006 October 2, 2006 (Noon) 0 September 6, 2006 J\ugust 14, 2006 ONoon) 0 November 8, 2006 October 16, 2006 (Noon) 0 September] 9,2006 September 5, 2006 (Noon) 0 November 21 , 2006 November 6, 2006 (Noon) 0 Announcements/Presentations 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM ~ Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 UnfInished Business 0 Public Hearing 0 RECOMMENDATION: Motion to approve the updated Library Long Range Plan for 2006-2009. EXPLANATION: The State requires that each year, the City Commission formally approve the Library Long Range Plan in order to be eligible to apply for State Aid Grants. PROGRAM IMPACT: Approval will qualify the Library to apply for State Aid Grants. FISCAL IMPACT: State Aid Grants can bring additional library resources to the community. All Technology Plan expenses listed as Local Funds have been approved in the FY2006-2007 General Fund & ClP. No additional funds are requested. ALTERNATIVES: Do not approve and eliminate the Library from the State Aid Grant Program. The Library would also have to withdraw from the Library Cooperative of the Palm Beaches as membership in the Cooperative is <oaUngeat oa ~;:z;..meats. ~ ~- H",d', Signa""e City aoag"", S;gnature Assistant to City Manager r!~ Department Name City Attorney / Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC Boynton Beach City Library Long-Range Plan FY 2006-2009 A. Mission Statement. The Boynton Beach City Library enhances our community's pursuit of life-long learning, information and leisure by providing the highest quality services and resources. B. Service Statement. Knowledgeable library staff anticipates customer expectations and responds by providing relevant resources and current technology with personal service and convenience. We value Diversity, Integrity, Stewardship and Creativity. C. Long-Range Goals - General Statements. The following goal statements define the philosophy of service and determine the broad-based elements ofthe practical implementation of the library service philosophy subscribed to by the Boynton Beach City Library. I.O.Reference. Patrons receive up-to-date and accurate information III a timely manner with assistance from courteous and intuitively alert staff. 2.0~Popular. Patrons have access to current, high demand, high interest materials in a variety of formats, within a reasonable time frame. 3.0.Independent Learning. Independent learners obtain materials, programs, information and staff assistance to attain their goals. 4.0.Formal Education. Students of all ages receive resources and staff support assisted by a strong library/school relationship. S.O.Facilities. Patrons are provided attractive, well-maintained, user-friendly facilities offering expanded technologies. 6.0.Staff. The public is assisted by knowledgeable, well-trained, courteous and technology- and service-oriented staff. 7.0.Technology. Patrons and staff use appropriate technology to facilitate access to information. 8.0.Public Relations. The community is aware of library/museum resources and materials and the availability of staff assistance. 9.0.Cooperation. Palm Beach County residents have access to expanded services and resources by the library's participation in cooperative networks. IO.O.Administration. The public receives the highest quality library service product at the most reasonable cost through routine review, evaluation and modification of the organization and its operations, policies and procedures. D. Goals and Objectives. 1.0.Reference. Patrons receive up-to-date and accurate information III a timely manner with assistance from courteous and intuitively alert staff. 1.1.0bjective 1. Increase transactions by two percent (2%) per year, using FY2004 as the base year, FY2006-2009. 1.2.0bjective 2. Continue to improve patron access to reference materials and magazine articles, in all formats including electronic resources, by expending up to 10% of State Aid Funds in this area, FY2006-2009. 1.3.0bjective 3. Plan, develop and implement a business, finance and government information service program, FY2006-2009. 1A.Objective 4. Serve as the informational resource center for education issues, FY2006-2009. 1.S.0bjective S. Administrative Services. Develop and maintain high quality, relevant and customer-oriented service. Outcome 1. Offer staff training dealing with communication, customer relations, team building and organizational skills, FY2006. 1.6.0bjective 6. Support Services. Increase awareness of high interest items via standard and enhanced cataloging. Outcome 1. Continue to add Lexile reading levels to catalog records, FY2006. 2.0.Popular. Patrons have access to current, high demand, high interest materials in a variety of formats, within a reasonable time frame. 2.1. Objective 1. Review and update Collection Development Plan, FY2006-2009. 2.2.0bjective 2. Increase total materials circulation (all formats) by one percent (1 %) annually. 2.3.0bjective 3. Increase total number oflibrary cardholders by two percent (2%) annually. 2A.Objective 4. Expand the collection in all formats by expending up to 30% of State Aid funds in this area, FY2006-2009. 2.S.0bjective S. Improve patron access to circulating and reference materials in all formats (including home access to electronic resources), ongoing. 3.0.Independent Learnint!. Independent learners obtain materials, programs, information and staff assistance to attain their goals. 2 3.1.0bjective 1. Refine and continue to expand public computer training, concentrating on library databases, word processing and Internet usage, FY2006-2009. 3.2.0bjective 2. Define, collect statistical data, such as computer use logs, classes and web site use, and measure public use of electronic resources against FY2004 baseline, FY2006-2009. 3.3.0bjective 3. Continue to utilize library resources to extend hands-on learning experiences to the Schoolhouse Children's Museum, FY2006-2009. 3.4.0bjective 4. Continue Youth programs and implement refinements, FY2006-2009. 4.0.Formal Education. Students of all ages receive resources and staff support assisted by a strong library/school relationship. 4.1.0bjective 1. Develop one additional school partnership annually, FY2006-2009. 4.2.0bjective 2. Construct and implement a user survey for adults and school-aged children, FY2006- 2007. 4.3.0bjective 3. Enhance resources to support the improvement of school-age reading, FY2006-2009. 4.4.0bjective 4. Continue to offer free online Live Homework Help. 5.0.Facilities. Users are provided attractive, well-maintained, user-friendly facilities offering expanded, relevant and appropriate technologies. 5.1.0bjective 1. Operate Schoolhouse Museum facility annually, FY2006-2009. 5.2.0bjective 2. Administrative Services. Provide a secure environment for patrons using the library campuses. Outcome 1. Continue to strive for fewer incidents in and around the library facility and grounds. Outcome 2. Provide proactive security guard and staff on duty at appropriate times 5.3.0bjective 3. Public Services. Refine and expand access to electronic equipment and resources for all ages. Outcome 1. Offer patrons at least eight (8) computer classes on a variety of subjects. Outcome 2. Continue to request and add patron emai1 addresses to COALA database and encourage patrons to set up PIN numbers to use special COALA features. 5.4.0bjective 4. Administrative Services. Implement library design and construction, FY2006-2007. 3 Outcome 1. Provide Project Management for the library design and construction project, FY2006- 2007. Outcome 2. Select and acquire furniture & equipment using State Construction Grant funds for Library Expansion Project. 5.5.0bjective 5. Support Services. Create a unified electronic information source. Outcome 1. Investigate implementing SIRSI acquisitions module. 6.0.Staff. The public is assisted by knowledgeable, well-trained, courteous and techno10gy- and service-oriented staff. 6.1.0bjective 1. Working with the City's Professional Development Manager, incorporate city's education/training component into library staff training plans. 6.2.0bjective 2. Special Services. Recruit, train and sustain a dedicated staff, board and volunteers. Outcome 1. Evaluate, revise and implement the strategic plan. 6.3.0bjective 3. Provide staff with training and program opportunities that emphasize City of Boynton Beach Core Values, FY2006-2009. 7.0.Technoloev. Patrons and staff use appropriate technology to facilitate access to information. (See also full Technology Plan - Addendum A) 7.1 Objective 1. Continue expansion and replacement of existing public access to electronic tools, FY2006-2009. 7.2.0bjective 2. Implement plans for incorporating electronic library access in the Museum, FY2006- 2007. 7.3.0bjective 3. Upgrade COALA network hardware, FY2006-2009. 7.4.0bjective 4. Implement newly designed Web site, FY2006-2007. 7.5.0bjective 5. Plan and implement patron interactive OPAC features (in-house and remote access), FY2006-2008. 7.6.0bjective 6. Public Services. Refine and expand access to electronic equipment and resources for all ages. Outcome 1. Increase computer course titles to 8. 7.7.0bjective 7. Complete, approve and implement a technology plan for the museum, FY2006-2009. 4 7.8.0bjective 8. Address public access software upgrades and licensing, FY2006-2007. 8.0.Public Relations. The community is aware of library/museum resources and materials and the availability of staff assistance. 8.1.0bjective 1. Review techniques and methods for marketing/promoting the library throughout the community, and develop and implement a public relations plan that will facilitate community awareness, FY2006-2007. 8.2.0bjective 2. Conduct user surveys to determine the customer satisfaction level, FY2006-2007. 8.3.0bjective 3. Continue to build a closer working relationship with news media. 8.4.0bjective 4. Utilize the Internet to promote ongoing services. 8.5.0bjective 5. Create and maintain partnerships among museum/library/ schoo1s/businesses. Outcome 1. Maintain existing and create five new community relationships. 8.6.0bjective 6. Continue marketing of museum programs and services, FY2006-2009. 8.7.0bjective 7. Public Services. Enhance citizens' knowledge oflibrary and museum services, FY2006-2009. Outcome 1. Promote a different service each month. Outcome 2. Cross promote library and museum. 8.8.0bjective 8. Special Services. Gain regional recognition for innovative programs involving parent-child interaction. Outcome 1. Gain recognition for innovative programs involving parent-child interaction, FY2006- 2007. Outcome 2. Target market the Museum and the Boynton Beach City Library through multiple medians, FY2006-2007. 9.0.Cooperation. Palm Beach County residents have access to expanded services and resources by the library's participation in cooperative networks. 9. 1. Objective 1. Increase staff participation in SEFLIN, FY2006-2009. 9.2.0bjective 2. Expand membership in the Library Cooperative of the Palm Beaches, FY2006-2009. 9.3.0bjective 3. Develop a COALA expansion of services plan and implement, FY2006-2009. 5 9.4.0bjective 4. Improve access to library materials and programs by promoting the sharing of resources among the member libraries of the Library Cooperative of the Palm Beaches, FY2006 _ 2009. . 9.5.0bjective 5. Improve access to information for residents of all ages by promoting Library Cooperative reference programs, FY2006-2009. 9.6.0bjective 6. Increase the availability oflibrary resources and services to serve special populations within the Library Cooperative service area, FY2006-2009. 9.7.0bjective 7. Increase awareness of programs, services and benefits ofthe Library Cooperative, FY2006-2009. 9.8.0bjective 8. Provide equal access to public library service for all residents in the Library Cooperative service area, FY2006-2009. 9.9.0bjective 9. Increase the effectiveness of member library staff by providing appropriate continuing education and training opportunities, FY2006-2009. 9.10.0bjective 10. Promote cooperation among Library Cooperative members by involving staff at all levels in planning and evaluation, FY2006-2009. 9.11.0bjective 11. Support Services. Continue and expand cooperative services and staff participation in COALA, SEFLIN and the Library Cooperative of the Palm Beaches. Outcome 1. Provide opportunities to full-time staff members to attend at least two cooperative activities each. Outcome 2. Encourage staff usage ofSEFLIN's "Community of Learning." Outcome 3. Encourage staff & patron usage ofSEFLIN's "MyLibraryService.org" and "MiServiciodeBiblioteca.org. " 9. 12.0bjective 12. Expand access of other libraries to our collection materials through interlibrary loan via FLIN/OCLC, FY2006-2009. 9.13.0bjective 13. Public Services. Promote visits to Town Center, FY2006-2009. Outcome 1. Attain press coverage at least five (5) times in the print media. Outcome 2. Conduct at least one (1) genealogy/family history program in conjunction with the Museum during the operating year. 10.0.Administration. The public receives the highest quality library service product at the most reasonable cost through routine review, evaluation, and modification of the organization, and its operations, policies, and procedures. 6 I O.I.Objective 1. Publish library policies that promote fair and equitable patron service, facilitate optimal access to the wide range of informational resources, and are relevant to the needs and demands of the community, FY2006-2009. I0.2.0bjective 2. Review and evaluate existing procedural manual for relevance and currency, FY2006-2009. I 0.3.0bjective 3. Conduct annual reviews of library policies and procedures so as to insure relevance, currency and effective community access to the library's information resources, FY2006-2009. IOA.Objective 4. Revise and update the Long-Range and Technology Plans reflecting current and future needs for the provision of quality library services and information resources to the community, annually. I O.5.0bjective 5. Assist in the planning, development, and implementation of a Strategic Plan for the Schoolhouse Children's Museum, FY2006-2009. ADDENDUM A. LIBRARY TECHNOLOGY SERVICES PLAN I.O.Mission Statement. The Boynton Beach City library envisions the use of technology to expand and enhance public access to its diverse inventory of information service products. In this endeavor, the library will continue to fulfill its function as the community's information resource center, serving a diverse, multicultural clientele. I.I.Statement of Purpose. It is the intent of this library to establish, maintain and continue to develop an environment that facilitates efficient and effective public access to the wide range of informational resources available through the use of state-of-the-art technological tools. An optimum accessibility environment would include the use of current technology, such as computers, electronic assistive devices, wide area networks (W ANs), internet and other telecommunication tools, online catalogs, web sites, electronic materials and the like. In this "patron friendly" technological context, the training of all library staff members and patron/clients alike is an essential element in the success and growth of such an information rich environment. The knowledge of the "how's, the what's and the where's" of the technological tools of our information age is the key to success. Therefore, the training of library staff members and patron/users is a pivotal component in the library's current and future service programs and operations involving the use of technological tools. It is implicit that technology and training are critical components in the formula necessary for the development and execution of high quality, effective and readily accessible information services to Library customers, including those clients with special needs and the community at large. 2.0.Goals, Objectives, Outcomes and Measurements 2.I.Goall. Provide for expanded client access to the informational resources available at the local, regional, state, national and international levels through the increased utilization of state-of-the-art technological tools and resources. 7 2.I.I.Objective 1. (Hardware and Software). Acquire, maintain and upgrade the technological capability enabling the expansion of access to the wide range of informational resources and the maintenance of a secure and safe electronic environment, FY2006-2009. Outcome 1. Implement a computer upgrade plan providing a schedule for replacing one third of the library's public computers every year. Measurement 1. Purchase and install a WYSE terminal server. Measurement 2. 40 new public computers will be installed FY2006-07 as part ofthe Library expanSIOn. Outcome 2. Continue following network infrastructure upgrade plan by providing a schedule for replacing all of the servers, communications hardware and other related equipment within a five- year period. Measurement 2. At least one server and one switchlhub/router are replaced each year beginning in FY2004. Outcome 3. Implement printer upgrade plan providing a schedule for replacing the library's public printers and expanding printing capability. Measurement 3. At least one public printer is replaced each year beginning in FY2004 and at least one additional public printer and one coin-op are added with an eCommerce solution in FY2006-2007. 2.I.2.0bjective 2. (Electronic Products). Enhance and expand public accessibility to the wide range of information resources through a continuing process of introducing relevant technological tools. In addition to relevance, these tools should also produce efficient, effective, secure and high quality public service product results, FY2006-2009. Outcome 1. Take advantage of regional/state database purchasing agreements to expand public access to available databases by adding at least one additional database service per year, FY2006- 2009. Measurement 1. Beginning in FY2004, one new database will be added to the library's public service inventory. Outcome 2. Review use of all databases each year and add/delete those databases not frequently used. Measurement 2. Staff will meet two times during the year to review viability of library databases. Outcome 3. Offer Interactive Learning Games related to the various Schoolhouse Children's Museum themes on four public computer workstations, FY2006-2007. Measurement 3. Software for interactive learning games installed and functional on four public computer workstations in the Schoolhouse Children's Museum, FY2006-2007. 8 Outcome 4. Purchase and install dedicated server for storage of a digital collection providing public access to an interactive community, FY2006-2007. Measurement 4. Server acquired, installed and functional. 2. 1.3.0bjective 3. (Telecommunications). Secure the appropriate communications technologies so as to insure a reasonable level of consistent, effective, secure and safe internet/World Wide Web access for all library patrons/users, FY2006-2009. Outcome 1. Staff to review at least once a year the pricing, viability and effectiveness of current telecommunications product agreement. Measurement 1. The price is competitive; product is reliable with no more than one failure per month. Outcome 2. Lease and have installed one additional Tl line for bandwith load balancing. Measurement 2. Tl line for bandwith load balancing leased, installed and functional. 2.1A.Objective 4. (Administration). Develop, implement and refine policies and procedures which will provide for an efficient and effective public service product, an internal structure to operate and maintain the service and a cost effective product environment, FY2006-2009. Outcome 1. To have in place a clear, concise and relevant set oflibrary technology related policies and procedures, which insures ease of public access and maintainability. Measurement 1. At least once per year, staff reviews, revises or otherwise updates existing and/or proposed technology related policies and procedures. 2.1.5.0bjective 5. (Administration). Develop an organizational structure, which will provide for the maintenance and support of the public access Intemet/W eb service product, as well as other online services to the patron/user, FY2006-2009. 2.2.GoaI2. (Partnerships). Establish working partnerships with the community at large, including local Governmental entities, educational organizations/institutions, cultural agencies and civic groups in order to support and promote quality library electronic service programs throughout the community. 2.2.1.0bjective 1. (Community). Establish a team of local representatives to assist in the development of a plan of action, which would determine effective approaches to supporting and promoting technological accessibility to information by the general public. Some considerations would include the optimization of Internet/Web and distant learning capabilities, FY2006-2009. To be addressed during the current planning period. 2.2.2.0bjective 2. (partnerships). To establish partnerships with local community groups, organizations, institutions, etc., for the purpose of supporting and promoting public access to InternetIW eb and other electronic information service relevant to patron/user needs and the needs ofthe community at large, FY2006-2009. To be addressed during the current planning period. 9 2.3.GoaI3. (Hardware and Software). Enhance/upgrade existing access tools through the introduction of technologies and know1edges that promote efficient, effective and expanding use of and access to the wide range of informational resources by the library's patron/users and the community at large. Conceptual options currently under consideration. 3.0.Professional Development Strategy. In order to maintain and grow a set oflibrary service products based on technological developments the Library will continue to provide technology training and learning opportunities for the employees. Improving and enhancing the Library staffs ability to assist the public with accessing information using 21 st century technology and building the staff comfort level is the expected outcome of such training. The professional development strategy takes into consideration the technology needs of both patron and staff. 3. 1. Objective 1. (Training: Staff). Develop an ongoing library staff training program that will establish and maintain basic technological skills enabling ease of access. It will include Internet/W eb access and search strategies, using and searching the online catalog and other skills and knowledge required to function in an electronic information environment and gives a working knowledge ofthe technological tools and resources available in the library, FY2006-2009. Outcome 1. All full time employees who work with the public will be trained in the use of the Unicorn Circulation System, so as to have sufficient backup personnel for the Circulation Desk. Measurement 1. Each full time staff member will attend one Unicorn-specific training opportunity provided for by the library's Network Administrator. Outcome 2. All full time employees will be trained in the use oflibrary related software products, so as to more effectively work with the public on technology related issues. Measurement 2. All full time employees will attend at least one library related software product- training event per year. Outcome 3. All professional librarians will participate in technology-related training or continuing education events to improve library related technical skills when working with the public. Measurement 3. Professional librarians will attend at least one technology training event, workshop, conference, or seminar each year. Outcome 4. The library's Network Administrator will train backup personnel in the operations of the network in order to create an effective level of redundancy. This would maximum problem solving. Measurement 4. The Network Administrator will provide for three library network-related training events for at least two professional staff members during the year. Outcome 5. The Network Administrator will attend system specific training events in order to maintain a state ofthe art practical knowledge of network functions. Measurement 5. The Network Administrator will attend at least one bibliographic network conference or workshop 'per year. 10 3.2.0bjective 2. (Training: Patrons) Provide training and learning opportunities for all library patrons served by the Library so as to increase access to information and open new informational opportunities. Outcome 1. Increase the types of computer training programs by 5% through an expansion of learning opportunities to include basic computer and Internet skills, electronic bibliographic searching, email and office product software. FY2006-2009. Measurement 1. Increased participation documented through the attendance logs and increased training events as documented through program schedules, lesson plans and other related documentation. Comparison will be based on first year of operation statistical reports. Outcome 2. Increase the number oflibrary patrons who have a strong basic practical knowledge of using technological tools to search bibliographic and other data bases by 5%, FY2006-2009. Measurement 2. Documented through training attendance logs and reduced time requiring staff intervention as documented through monthly reports and statistical data. 4.0.Assessment of Technology Services, Equipment, Software and Other Resources 4.1.Network. The library's network infrastructure consists of a SUN Fire V240 2 U Rack Server, for the day-to-day operations of the bibliographic database, including OPAC and cataloging. The Sun Fire is running Solaris 9 UNIX, SIRSI's Unicorn and Apache Web server. The library's domain and Internet proxy service and filtering software are running on a HP ProLiant DL380, running on Windows 2003 Server. There is a file server on another HP ProLiant DL380 (Windows 2003 server) which houses the library's filtering software database. A Dell OptiP1ex computer is setup solely for file storage and system administration. A Compaq ProLiant DL360 serves as a terminal server for some public access PCs. The communications hardware includes: three 3Com Super Stack II switches and one 3Com hub which connects the computers; one Cisco 2801 Router which is the library's internet connection; and one Norte1 Networks BayStack 450-24T switch for splitting the City network from the library. The communications circuit is a full Tl connection provided by BellSouth to FIRN. 4.2.Computers. For public use there are available 45 Compaq or Dell PCs of various models, serving the library and the museum. All computers are running MS Windows 98 (with Fortres (for computer security) and Clean Slate (for computer management) or XP, MS Office Suite or Norton Anti-Virus. All public computers have access to the Internet, using MS Internet Explorer or Mozilla, with the exception of the three OPAC units and two word processing computers. Four Wyse terminals and up to ten computers run with programs on the terminal server. For staff use, there are available 34 Compaq or Dell computers of various models. They are used for Administration, Technical/Support Services, Youth Services, Public Services and GIS functions. 4.3.Printers. There are two printers, various black and white HP models, available for the public to use. For staff, there are 14 printers available, various HP color and black and white models. 11 4.4.Technical Support. The network is supported by 1.1 FTE staff in-house, the City's ITS staffand SIRSI Corporation. Occasionally, for special projects, the library will contract for short-term support. 4.5.Databases. The library currently subscribes to eight (8) online databases. They are: Alldata, Ancestry Plus, First Search, NewsBank, Historical New York Times, Palm Beach Post, Reference USA and the Sun-Sentinel. Another 18 databases are available through the State Library. 4.6.GIS. A computer kiosk provides public access to a wide variety of city maps and answers questions concerning utilities, zoning, geographic locators, etc. This is connected to the city GIS database. 4.7.StaffTraining. Currently, the genera11ibrary staff is trained in basic to intermediate computer use, including Internet navigation and search strategies and use of the automated circulation system (SIRSI's Unicorn software). Approximately 20% of the staff has been trained in the use of Microsoft Office products, MS Project Manager, various graphics software, GIS and Laserfiche software. Seven percent have some level of training and experience with UNIX operating system, from basic to advanced. There are three sources of technology training. They are SEFLIN, Library initiated training and the City's Professional Development program. 4.8.Public Training. The library offers the public computer technology training. There is a small computer lab in the library, which will be expanded in FY2006-07. The range of subject matter includes: basic mouse use, beginning Internet, advanced Internet, bibliographic and database searching techniques and strategies, two levels of Word, using emai1, genealogy, working with online stock information and using literature based databases. In the last year, the library has trained approximately 3000 customers/students. The demand is high. 4.9.Library Security Equipment. The Library has purchased an updated security system consisting of security gates and security tags that have the ability to advance to an RFID system in future years. Utilize State Aid to purchase one additional self-check system in FY2006-2007 that will allow Circulation staff to assist patrons on the floor. This will greatly improve customer service. 4.1O.Technology Resources Assessment Table Asset Type Description Quantity Time in Place Lifespan Network Infrastructure Server, Sun SUN Fire V240 2 U 1 2005 5 years Server, HP ProLiant DL380 1 2004 5 years Server, HP ProLiant DL380 1 2003 5 years Server, Compaq EVa 300v 1 2005 5 years Server, Compaq ProLiant DL360 1 2005 5 years Switches, 3 Com Super Stack II 2 2005 6 years Router, Cisco 2801 1 2005 5 years Router Smartnet 1 2005 6 vears Switches 1000BASE-SX 2 2005 5 years Internet Circuit, Library Tl, BellSouth 1 1998 N/A Internet Circuit, City 1 gigabit fibre optic 1 1999 7 years 12 Network Clients I PC workstations, EVa D300v 13 2002 4 years I Compaq/Dell I PC workstations, HP/Dell Deskpro 2000 70 1999-2006 4 years Terminals Wyse Winterm 4 2005 6 years Printers, HP Various models 16 2000-2006 5 years Software Microsoft Office Suite 95,2000 and XP licenses 83 1999-2001 Office 2003 25 2005 N/A Microsoft Windows 95,2000 and XP licenses 83 1999-2001 N/A Microsoft NT 2000 license 1 2000 N/A LPT ONE Print manager license 1 2001 N/A Unicorn, SIRSI Bibliographic license 100 user 2000 N/A iBISTRO, SIRSI 100 user 2002 N/A Bess Filtering Software Licenses 100 user 2006 1 year I 5.0.Budget Planning. The Library will seek to provide sufficient funding to provide the means of achieving the goals and objectives of this plan. 5.l.0bjective 1. Utilize up to 60% of State Aid to supplement funding for the goals and objectives of the technology plan, FY2006-2009. Outcome 1. Purchase of 40 new computers for public use as part of the library's technology plan for new library, FY2006-2007. Measurement 1. Forty replacement computers installed during the year using State Aid and Local funds. Outcome 2. Purchase of at least one new database in FY2006-2007, using State Aid. Measurement 2. One new database purchased, installed, marketed and made accessible to the public. Outcome 3. Maintain contract for onsite PC technical support, FY2006-2009. Measurement 3. Contract secured for 209 hours of onsite PC support annually. Outcome 2. Secure sufficient funding to provide support for SIRSI's Unicorn and iBISTRO software products, including software upgrades, for the bibliographic database, FY2006-07. Measurement 2. Funding secured to provide software support. Outcome 3. Funding secured for OCLC Holdings Project to convert 10,000 records, FY2006-07. Measurement 3. Funding secured to support the project. Outcome 4. Funding secured to support the maintenance and software upgrade of public computer security and other software enhancements, FY2006-07. 13 Measurement 4. Funding secured to support the maintenance and software upgrade of public computer security and other software enhancements and action accomplished. Outcome 5. Funding secured for staff and material to support the technology plan and the library's efforts to provide computer and other technological services to the public. This includes funding support for 4.1 FTE professional, technical staff, FY2006-2009. Measurement 5. Funding secured for 4.1 FTE staff to support library technology plan and initiative, and the necessary material, FY2006-07. 5.2.Planned Technology Budget. Source Plan Description Amount Year State Aid & 2.1 Outcome 1 40 PC additions for expanded library 69,000 FY2006-7 Local Funds State Aid Funds 2.1.2 Outcome 1 Database purchase 8,000 FY2006-7 State Aid Funds 2.0 All Outcomes Onsite technology support 18,000 FY2006-7 Local Funds 2.1.3 Outcome 2 Lease one T1 Line 1,200 FY2006-7 State Aid Funds 2.1.1 Outcome 3 Laserjet Printer Replacements 1,800 FY2006-7 State Aid Funds 7.3 Objective 3 OCLC New Record Charges 6,330 FY2006-7 Local Funds 7.3 Objective 3 COALA, Unicorn, iBistro, Filtering 20,170 FY2006-7 Local Funds 2.0 All Outcomes Support staff, 1.1 FTE @ $30/hr, 180,000 FY2006-7 44hrs/wk + 3 new FT Technology Staff Local Funds 2.1.1 Outcome 3 Envisionware eCommerce Solution 10,240 FY2006-7 Local Funds 2.1.1 Outcome 3 Coin-Op Machine 3,000 FY2006-7 State Aid Funds 4.9 Outcome One Sentry Quick Check System 17,000 FY2006-7 6.0.Plan Evaluation. The basic premise for the evaluation of this technology plan is the satisfactory accomplishment of the mission critical, stated goals, objectives and outcomes, as demonstrated through the analysis of the defined measurements. In addition, there are stated goals and/or objectives that are considered mission critical in nature and noted for further consideration and development. The measurements are designed to indicate change and/or growth in customer use, quality and quantity of the service product and infrastructure improvements/enhancements. All goals, objectives, outcomes and measurements are considered mission critical in nature and focus. These are an indication of the needed improvements and enhancements which have been determined to have a direct impact on public use of library technology and ease of access to information. The key areas for review are public access to information impact; professional development; available telecommunications, equipment and software; and, the acquisition of appropriate funding to support the plan. The technology plan should be reviewed, evaluated and updated each year by a staff team; submitted to the City Commission for review and adoption; and, forwarded to the State Library. 14 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM VI.-CONSENT AGENDA ITEM F Requested City Commission Date Final Form Must be Turned Requested City Commission Date Fina] Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office 0 August I, 2006 July 17,2006 (Noon.) S October 3, 2006 September 18,2006 (Noon) 0 August 15,2006 July 31, 2006 (Noon) 0 October 17,2006 October 2, 2006 ONoon) 0 September 6, 2006 August 14,2006 (Noon) 0 November 8, 2006 October 16, 2006 ONoon) 0 September 19, 2006 September 5, 2006 (Noon) 0 November 21, 2006 November 6, 2006 (Noon) 0 AnnouncementslPresentations 0 City Manager's Report NA TURE OF 0 Administrative 0 New Business AGENDA ITEM ~ Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 -qECOMMENDATION: Approval to pay the full-time category "c" employees for their regular scheduled work day on August 30, 2006, when the City was closed due to a "Detlared State of Emergency". EXPLANATION: Ordinance 05-036 does not provide for specific pay arrangement for fulJ,.time "c" employees. These employees were notified that they may use sick or vacation leave to equalize their pay for their normal work schedule. PROGRAM IMPACT: There are only 38 fun-time "c" employees who are required to use sick or vacation leave in order to be compensated due to the Declared State of Emergency. All other full-time employees are categorized as either "A" or "B" and are not required to use sick or vacation leave. They wiJ/ be paid based on the language in Ordinance 05-036. A survey was taken of eight (8) municipalities and it was determined that six (6) of the municipalities paid their employees and' did not require them to use leave time. A copy of the survey is attached. Staff recommendation is to pay the 38 full-time "c" employees instead of requiring them to use sick or vacation leave. This will ensure consistency and equitable treatment, thus preserving employee morale and productivity. FISCAL IMPACT: The fiscal impact is approximately $4.7K AL TERNA TIVES: Require the full-time "c" employees to use sick or vacation leave in order to be compensated when the CHy w", do",' du, to th, D,d."d 'M,n,y. __I) ~ _ Assistant to City Manager ~ t/o ffWn. 7?~f:, 0 u r L -eS Department Name City Attorney I Finance S:\BULLETlN\FORMSIAGENDA ITEM REQUEST FORM.DOC Employee Compensation for Tropical Storm/Hurricane Ernesto Municipality Response City of Greenacres Received regular pay City of Riviera Beach Received regular pay City of Melbourne All employees must use their personal leave time for absence. City of Lake Worth Received regular pay Town of Jupiter Received regular pay City of Delray Beach Employees my use their available vacation, personal Holiday, Sick Leave, or Compensatory time. 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N II) 0 ..c: Q) ro ro 0 0>II)lU::JTIu~=5L..-L..Q)NL..0>0.Q) 1I)-::J'E--~-roo-rooro.....t--uo.Q)"'" Q)~"'" w~o. .....-~-lU ro CDu; 0 Q) c~ E ..lU::J.c::J L..in;' 0 c... >>::Jro"'o::J nOO>.....O>.....L..o.cro..... ~~II)O' "oCDE>ro~ro~ro~E~~ro .. 0. > L- "0 ~ Q) ~ "0 L- 0 L- "0 '0 E CD ::J .- 0 ..c:.- CD 0 "0 :2 "0.- CD Q) L- L- ._ c: L-OlU>o..c:XrororolU~X~::JlU Q)Wa..IIl...>U)U)W=Il...a..a..o..<(W~Io.. ~rr " " " " " >> " ; " " >>" >> " " " " ~<(ro{)OWlLC>I_...,~.J~ZOIl...OO:: Q) E +=> ~ o ro II) c CD a. E o () u ro Q) I ..... o Q) > ro Q) ....J ~ ~ U) ci. Q) o >; ro :2 o I "0 Q) ~ L- o ~ 19 20 21 22 i 23 i i I I 24, ~ 25 II II 26/' ! 1 2 3 4 5 6 7 8 9 10 11 12 ORDINANCE NO. 05- O.3b AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING CHAPTER 2. ADMlNlSTRA TION, ADDING A NEW ARTICLE xnI "CIVIL EMERGENCIES- EMPLOYEE COMPENSA TION"; PROVIDING FOR COMPENSATION TO CITY EMPLOYEES DURING PERIODS OF CIVIL EMERGENCY; AND PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, the City Commission finds that the men and women employed by the 13 City hold a special duty to the residents, property owners, and business owners in the City 14 who, by payment of taxes contribute the wages and benefits received by City employees; and 15 WHEREAS, the residents, property owners, and business owners in the City have a 16 reasonable expectation that City employees will work to maintain basic City services before, 17 during and after periods of civil emergencies; and 18 WHEREAS, the declaration of a civil emergency constitutes exigent circumstances tbat warrant temporary unilateral modification of the terms and conditions of City employment, including, but not Jimited to bours of work, wages, conditions of employment and other customary benefits; and WHEREAS, the number and Jevel of participation of City employees needed to maintain City ~services during periods of civil emergency cannot be determined in ~dvance, but is dependent on the unique circumstances of each emergency; and.- WHEREAS, the employees of the City have a reasonable expectation that their compensation and benefits will be maintained during periods of emergency to the extent that it 1 S:\CA 'Ordinances\Ementncv El'JIDlo'Vee COl'JlDmsation 2nd read_docS:\CNOnljfl8JI1l~ Emo!I'gt'fJ8) Emple''tle eompllflSlllioJlilac 19 20 21 I ! ' 1 is fiscally responsible for the City to do so; and I ,J 2 WHEREAS, the City Manager as Chief Executive Officer of the City has the inherent' 3 Charter . authority to manage the City during periods of civic emergency and to make 4 operational decisions regarding the temporary release or retention of City employees before, 5 during and after those emergencies. 6 WHEREAS, the City Commission finds it is in the best interest of the citizens, 7 property owners, business owners, and employees of the City to establish basic guidelines for 8 assignment of City employees to the tasks necessary to provide the public with basic services 9 during periods of emergency and to provide for temporary adjusbnent to customary work 10 activity and compensation. 11 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 12 THECIlYOF BOYNTON BEACH, FLORIDA, THAT: 13 Section 1. The foregoing "Whereas" clauses are hereby ratified and confrrmed as 14 being true and correct findings ofthe City Commission and are hereby made a specific part of 15 this Ordin~ce upon adoption hereof. 16 Section 2. Chapter 2 of the Code of Ordinances is amended to add a new Article 17 . XU to read as foJJows: 18 See 12;1: Purpose. .(' To establish levels of compensation for rCimlar. part-time and seasonal e:nn>lovees who are released from work or who are retained' or caJled back to perform City work during the threat or occurrence. of a hurricane. severe 2 S:'C A'QrdiDlIJX:CS~ EpJDJoycecOfJlDeJl!lation 2nd JRd.docS:\CA \ORIisBllBesl.Effle~.U) Emp 19}'ee ee"'J'URSBlioR.doB _:",,1 1 storm, civil disaster, or other emergency conditions affecting the City Of Boynton Beach. 2 3 Sec ] 2-2. Local State of Emergency. 4 The provisions of this Ordinance for a declaration of a local-state of 5 emergency is for administrative purposes only and supplements the other 6 provisions of law. as set forth in City Charter, Code or state law, for the 7 declaration of emergencies. Accordingly. this Ordinance shaH be construed to 8 supplement the provisions of the Charter, the Code and state law and in the 9 event of a conflict the provision of Charter. Code or state Jaw shan prevail. 10 A local emergency shall be deemed to have commenced when the 11 City Manager (or an acting City Manager when the City Manager is not 12 available to act) files with the City Clerk a declaration that the City is in a 13 state of local emergency. The Declaration of Emergency shall.reference this 14 Ordinance. Immediately following such declaration. the City Manager (or 15 Acting City Manager) will infonn each City department and office in as timely 16 a manner as pOssible by written or electronic communication that a state of 17 civil emergency is in effect. The state of local civil emergency shall continue 16 in effect until rescinded in writing by the City Mana~er (or Acting City " 19 Manager). filed with the City Clerk. 20 Sec. 12-3. Authority and duration of Emergency Pay Policy coverage. 3 S:'tCA \Onfinances\Emc:remcv Eroolol'l:C CO_lion 2nd rcad.docS:'CA 'OAjiRIlA6es\l;mergf'Rtry );"""8)'81' eemJleJlSOlie,,~t1ee 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 The provisions of this Emergency Pay Policy shall become effective . immediately following the declaration of a state of civil emergency by the City Manager. and are considered from that voint to take precedence over an other Personnel' Rules and Regulations.' policies. ordinances and 'coUeetive bargaining agreements of the City of Boynton. Beach in the matters of pay. compensation and. leave as hereinafter set forth. The Provisions of this Emergency Pay Policy shan apply for the entire time veriod dunng which the declared state of civil emergency exists. as detennined by the City Manager. See 12-4. Designation of employees for pUll>oses of establishing pay and compensation. A. In a manner to be determined bv the City Manager or hislher acting designee. all City employees (regardless of fuJI-time. part-time. seasonal. exempt or non-exempt status) wiJJbe' classified into one of the fOUowing three categories: A = EssentiallMandatorv Personnel The assistance of these employees is considered essential to the City's ability to function and provide public services in the event of a civil emergency... 4 S:\CA\Ordinanus\Emm~mcv Emolo_ c~ 2Dd muf.~='CA\Ofdmllllees'Eme...Mey BmjIIe)'ll8 e-lf.E-flSOhtlR.OOe i I } I I 10 11 12 3 4 5 6 7 8 9 i f B = Essential Personnel Depending on circumstances and needs, the assistance of these employees may be required in the event of a civil emergency. C = Non-Essential Personnel The assistance of these employees is normally not required during a civil emergency event. f Employees who are classified as category uA" B. 2 (EsseritiallMaIlrultorv Personnel) are expected to report for work at the beirinnin~ of their assigned' shift. work their entire shift. and be prepared'to work any overtime hours as may be required under emergency conditions. c. Category UA" employees may also be required to report for work' on nriScheduJed days or hours, and should be prepared to perfonn tasks outside their nonnal scope of duties. Category UA" employees may be required to remain at a designated facility during some portion of the eDl~ency event. " D. Employees who. are classified as category uB" (Essential Personnel) should be prepared to. reoort for work, and should be prepared to workariyovertimeootirS ifreijuired'to do so. 5 S:\CA \OnIinances\E~ EmDJo'Yee cornoensatiOn 2nd read.docS:\CA\ORIffiaRees' ~mer~ey Employee Eompllft5&tioA,aae . I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 I' I E. Cate~ory "8" employees may also be required to report for work on unscheduled days or hours. and should be prepared to perfonn tasks outside their nonna1 scope of duties. Category uB>t employees may be required to remain at a designated facility durin~ some portion' of the emer~ency event. F. Employees who are classified as cate~ory "C" (Non-Essential Personnel) may be released from their nonnal work, duties and schedules as circumstances dictate. subject to the followin~ conditions: 1. the employee is to remam lD periodic contact with their supeIVlsor or other dC?signated. ret>resentat!ves III accordance with, departmentaJprocedures:. 2. be available to respond to caU. back assignments as directed: and 3. be prepared to work any overtime hours that may be required in advance of or foJ)owin~ an emer~ency event. 'G. The City of Bovnton Beach retains the ritilitto chaDfze at any time an emp}oyee's desimIation (as either ..A....'B.' or .~). based upon the type of civil. emergency that exists. and IlllOD the levelor $ta~e of te.SpOnse that is deemed appropriate by City managementtoaddress the civil emer~ency. 6 5:ICA \OrdinancesiEnlm1enev EmoJo~ c:omoensation 2nd read.docS;\C;\"""i_lles'-Em.!'B--Jlll) &RpJeyeellii!nJleJ,S8b68._ t '~-. If) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 See] 2-5. Duty to Work An employee who is directed to report for work durin,g a declared civil emergency, and fails to do so, is subject to being disciplined. up to and incJudin,g termination. fu addition to any disciplinary action, the employee shall forfeit any compensation payable under these . policies, except comvensationf()r hours actually worked. See ] 2-6. A. Employee compensation. Any employee classified as either HA" (Essential/Mandatory) or emergency: .1. The emploveewill.be paid their regular compensation of all hoUr&tbey are scheduled for work. but released' from work. Example: . If an employee's' is scHeduled. to. Work from 8:00 A"M. to 5:00 P~M.. but-isreleased'from work. at 3:00 P.M.. the employee, win be paid as though' the employee worked until 5:00 P.M.. however. only those hours actually'worked will be counted for overtime Purposes. 2.. The.eRll)loyee wi)) becomJ)eDsated at aDremitimhtte of double their re~ular base rate of pay for all. hours actually worked.'. mcludin,g hours which would otherwise QualifY for overtime nay(time and one-half). 7 S;'CA \OrdiJlanc:es\f~gencv EmoJoWe COJJlllC:nSauon 2nd tead.docS:\C.... \ORIiIlMell5'F-met-l;!ftle) E"",hl) eee8mp~RS8liafUJ0e 1 Example: If an employee who earns $10.00 an hOUT is 2 scheduled and required to work at 8:00 A.M. but a local ,j.. 3 emergency was declared at 7:00 A.M.. the employee shall be 4 ~aid $20.00 an hour for all hours actually worked until the local 5 emergency ends. 6 3. Any employee who is exempt from the overtime provisions of the Fair 7 Labor Standards Act. except the City Manager. will be compensated as 8 foJIows: the employee will. be paid their regular weekly pay plus one 9 J hour of strai t time for each hour. of work over 40 hours I of work 10 provided eacbhour ofadditionalpav cortesoonds to an hour worked 11 during the period of emergency. 12 EX~p!e: ,. If a locaJ>stateofemCJ:gencytakes.'effect 8:00 a.m; on a Tuesday and ends 8:Q()a:m.onWednesday and.the exempt employee is required to 14 spend ... Tu~ay' DiJilit '.' in . theEmer~ency Overations Center (5:00 D"m. --.- - . . 15 Tuesdav to 8:00 a.m. Wednesday). the employee is entitled to J 5 hours of 16 additional pay at strai~t time. provided they work the balance of their 17 ordinary work week (Monday through Friday). 18 See 12.,.1.- Standby and. Call back Day t'9 NO.en;tplovee is entitled to.' norsbaU receive standby Day or call baCK 20 Day during a.veriodofJocaJ emenzency. f .tis resumed for the sake of the . calculation of erner emDloYee works an 8VeraaQ 'of 40 hours per work week. 8 that. an exe t status 1 S:'.cA~\E~mrv ElJ1Dlovee c~rion 2nd read.IIocS:'-CNORIiBmIl1'es'.(;me,geAB) Em,lle)ell eefhtlA..llIhafl.llee . , Sec ] 2-8. Record Keeping. 2 3 AU employees are responsible for keepillJ~ accurate time loRs/records for hours worked durinR a declared state of emerRency. The submission of a request for compensation for time worked when the employee did not .actuaJJy work during a period of local emerRency is RToundsfor termination of employment. 4 5 6 7 Sec 12-9. Handling of leave requests during a declared emergency. 9 S:\CA 'Drctinanccs~CDCvEIJIDIo\lee conmensation 2nd n:actdocS:'C ^\o,diRBfllltli5lEm.:tgl'ftsy .EmpJe)'tlll EempeRSBli9fl.ool! 1 to durin or m recove I -) 2 d artment director to submit a TO riate medical documentation to veri 3 their sick leave request. 4 S ecial Note: An em 10 ee who is on a a TOved leave that was not 5 revoked PriOT to the~ifiedcivilemergencY.. time period is not eligible for 6 administrative leave with payor any other form of special compensation that may be 7 made available under the orovisions of this policy. 8 Sec 12-10 Holiday Pay: 9 lf the declared emergency time period should encompass a holiday. an 10 licable hoJida 'eate dUe in addition to 11 tionthat is to be aid to under the conditions outlined in Section 12 5 above. 13 Sec 12-11. Susoension ofotherco~fionrules 14 Durin 'OOsofdeeJared lOcalemereneiesthe TOvisions ofWs ordinance 15 SU ersede all other rovisioDS for schedu1in and co atioil set forth m an other 16 JOCaJruJe~-f'eguJation~ ordinanteor coUectivebaibiDinSZ3JtTeement. 17 Section 3. AU ordin3l)ces or parts of ordinances. in conflict herewith are hereby 18 repealed. 19 Section 4. Should any section or ptovisionofthis ordmance or any portion thereof 20 be declared by a ~0W1 of competent jUrisdi"1ion 10 be invalid; SlH:h decision shall 001 affect 21~e remainder of this ordinance, 10 S:\CA\OnJjn__\,,-__ EIJJI)Jo~ comnrn""';oolnd nad'~:\CA\Qy"jfIlU1"es'&Il!.,,81l'Y Em,.Je)tle Fllffili~BSaljtlll.Uetl 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 1 ' Section 5. Authority is hereby given to codify this Ordinance. 21 Section 6. This ordinance shall become effective immediately upon passage. FIRST READING this ~ day of July, 2005. SECOND, FINAL READING AND PASSAGE this ~ day of ~ 2005. A TIEST: f ~-,;~ -~?"~ t~(~~~l~ ~... . ."...;j' . ~:~-~k,~;.f.t:~~ . ' CITY OF BOYNTON BEACH, FLORIDA ~er(_ .> Commissioner ~ .<{ ~ 11 S:'CA \On:JiJlllJ\CCS\EmerJc:ncy Emolow:e COIJJDQISlltion 2nd reacJ.doc:S:'CA \,()njmanull5'BJleFgl!ftuy EfRIlJU)'088 eempllflsslillR.dou "(("". "~'.". ~ t VIII.-PUBLIC HEARING ITEM A. 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 Meetine. Dates in to City Clerk's Office 0 August I, 2006 July 17,2006 (Noon.) ~ October 3, 2006 September ]8,2006 (Noon) 0 August 15,2006 Ju]y 31, 2006 (Noon) 0 October 17, 2006 October 2,2006 (Noon) 0 September6,2006 August 14,2006 ONoon) 0 November 8, 2006 October 16, 2006 (Noon) 0 September 19,2006 September 5, 2006 (Noon) 0 November 21 , 2006 November 6, 2006 (Noon) 0 AnnouncementslPresenta tions 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM 0 Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfmished Business ~ Public Hearing 0 RECOMMENDATION: Please place this request on the October 3, 2006 City Commission Agenda under Public Hearing. The Connnunity Redevelopment Agency Board, on September 12,2006, reconnnended that the subject request be tabled to the next CRA Board meeting which has been re-scheduled for October 25, 2006. This was at the request of the applicant as necessary to notifY a group of adjacent property owners originally excluded due to deficient postage. The item should remain on the City Commission agenda, for date-certain tabling to the November 21,2006 meeting, to maintain validity of the notices that were mailed successfully. For further details pertaining to the request, see attached Department Memorandum No. 06-153. EXPLANATION: PROJECT: AGENT: OWNERS: LOCATION: DESCRIPTION: Peninsula (SPTE 06-007) Tom Yianilos Waterbrook Development, LLC 2649 North Federal Highway Request for a 6 month Site Plan Time Extension for site plan approval granted on July 5, 2005, to extend site plan approval from July 5,2006 to January 5,2007. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: N/A N/A N/A ~d~ Planning and Zo. irector City Attorney / Finance S:\P]anning\sHARED\wp\PROJECTS\Peninsu]a @ Boynton Bea<;h\SPTE 06-Q07\Agenda Item Request Peninsula Beach SPTE 06-007 ] 0-3-06.dot Assistant to City Manager S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC ~ Ruden ~tl McClosky 222 LAKEVIEW AVENUE SUITE 800 WEST PALM BEACH. FLORIDA 33401 (561) 838-4542 FAX: (561) 514-3442 KIMGLASCASTRO@RUDEN.COM September 12,2006 -ftlll Mike Rumpf, AICP Planning & Zoning Boynton Beach City Hall 100 E Boynton Beach Boulevard Boynton Beach, FL 33435 LANNING .AND lONING DEPL RE: Postponement of Time Extension Consideration for The Peninsula IPUD Dear Mike: On behalf of Waterbrook Development, LLC, we request a continuation of the hearings scheduled for the September 1th CRA hearing and October 3rd City Commission hearing, as several notices mailed to property owners within 400' were returned due to insufficient postage for Canadian addresses. New notices have been forwarded to these property owners, in advance of the October lOthe CRA meeting and November 7th City Commission hearing. We request that tonight's hearing be continued, date certain, to the October 10th CRA meeting. Sincerely, RUDEN,. McCLOSKY, SMITH, SCHU TER & RUSSELL, P.A. WPB:268460:1 RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A. r"'R...rA~ . FT. I AlJDERDAlE . MIAMI' NAPLES' ORLANDO' PORT ST. LlJClE . SARASOTA' ST. PETERSBURG' TALLAHASSEE' TAMPA' WEST I'AlMllfACH DEVELOPMENT DEPARTMENT PLANNING AND ZONING DMSION MEMORANDUM NO. PZ 06-153 TO: Chair and Members Community Redevelopment Agency Board Michael RumpfJ.,-(> i--- Director of Planning and Zoning THRU: FROM: Kathleen Zeitler In . Planner ~ DATE: September 5, 2006 PROJEcr: The Peninsula at Boynton Beach (SPTE 06-007) REQUEST: Site Plan Time Extension PROJECf DESCRIPTION Property Owner: Waterbrook Development, LLC Applicant I Agent: Tom Yianilos with Waterbrook, Inc. Location: 2649 North Federal Highway (see Location Map - Exhibit "A") Existing Land Use: Special High Density Residential (SHDR - 20 du/ac) Existing Zoning: Inti" Planned Unit Development (IPUD - 20 du/ac) Proposed Land Use: No change proposed Proposed Zoning: No change Proposed Proposed Uses: 30 fee-simple townhouse units and 40 multi-family (condominium) dwelling units Acreage: 3.51 acres (152,974 square feet) Adjacent Uses: North : Developed commercial property within the Town of Hypoluxo, designated Residential- Multiple Family (RH) land use and zoned Commercial Marine (CM); South: Vacant property designated Special High Density Residential (SHDR) and zoned Inti" Planned Unit Development (IPUD) (forthcoming Casa del Mar project); East: Right-of-way for the Intracoastal Waterway; and West: Right-of-way for U.S. 1 and then right-of-way for Florida East Coast Railroad. Page 2 Memorandum No. PZ 06-153 The Peninsula SPTE 06-007 BACKGROUND Mr. Tom Yianilos with Waterbrook, Inc. (owner/developer) is requesting a six (6)-month site plan time extension for The Peninsula at Boynton Beach Site Plan Development Order (NWSP 05-013), which was approved by the City Commission on July 5, 2005. The site plan approval is valid for one (1) year from the date of approval. If this request for a six (6)-month time extension were approved, the expiration date of this site plan, including concurrency certification would be extended to January 5, 2007. The subject property is located within the Federal Highway Corridor Community Redevelopment Plan Study Area 1. According to the original site plan staff report, the proposed Peninsula at Boynton Beach is an Infill Planned Unit Development approved for 30 fee-simple townhouse dwelling units and 40 multi-family (condominium) dwelling units. The project has been approved for the following: a Land Use amendment (LUAR 05-004) from Local Retail Commercial (LRC) and High Density Residential (HDR) to Special High Density Residential (SHDR - 20 du/ac) classification, a Rezoning (LUAR 05-004) from Community Commercial (C-3) and Multi-Family Residential (R-3) to Infill Planned Unit Development (IPUD) zoning district, and a new Site Plan (NWSP 05-013). The entire project would be built in one (1) phase starting with the condominium building (40 units) followed by townhouses (30 units). The 70 units are proposed within seven (7) separate buildings on the 3.51-acre site (see Site Plan - Exhibit "B''). According to the floor plans, each townhouse building would have five (5) units. Each unit proposed within the two (2) story townhouse buildings (Buildings 100 and 200) would have 3-bedrooms and private backyards that would be large enough to accommodate a small-sized swimming pool. The number of bedrooms proposed within each three (3)-story townhouse building (Buildings 300 through 600) would range between two (2) bedrooms and four (4) bedrooms. Finally, the four (4) story condominium with building with understory parking would have a mix of two (2) and three (3) bedroom units. The recreation area would be located at the eastern portion of the development overlooking the Intracoastal Waterway. It would include a 1,285 square foot cabana building and a swimming pool. The design of the proposed buildings / clubhouse resemble a mixture between a Spanish-Mediterranean style with its smooth stucco finish and S-tile roof, and a modern design with its decorative green Metropolis shutters, decorative railings, multi-color awnings, and pre-cast decorative columns and accents. The exterior walls of the buildings would consist of the following colors: dark brown, brown, yellow, light yellow, and cream. Since approval of The Peninsula at Boynton Beach, the adjacent property to the south has been similarly rezoned to IPUD for the Casa del Mar project which proposes a total of 42 townhomes and 40 condominiums. Both projects require a perimeter landscape buffer along their common property line which includes the requirement for a six (6) foot masonry wall within each buffer. The Casa del Mar project was approved with a condition of approval which states as follows: "Staff recommends working with your neighbor to the north (Peninsula) to utilize their perimeter wall rather than building one immediately adjacent to it". These forthcoming adjacent IPUD's will provide an opportunity for redevelopment in a highly visible entrance corridor to the City. ANALYSIS According to Chapter 4, Section 5 of the Land Development Regulations, "the applicant shall have one (1) year to secure a building permit from the Development Department". Examples of building permits include but are not limited to the following: Plumbing, electrical, mechanical, foundation, and structural. The Regulations authorize the City Commission to approve site plan time extensions up to one (1) year, provided that the applicant files the request prior to the expiration date of the development order. In this case, the ,. Page 3 Memorandum No. PZ 06-153 The Peninsula SPTE 06-007 applicant has met that requirement. The Planning & Zoning Division received the application for time extension on May 26, 2006, a total of 40 days prior to the expiration date of the new site plan. The applicant states that the original plan called for town homes, but changed during the site plan process to include condominiums as well. The design process started with an architectural firm that specializes in homes and townhomes, but after the addition of condominiums, a second architectural firm had to be retained for the permit drawings for the condominium building. The applicant's justification statement explains that it took them longer (from July, 2005 site plan approval to March, 2006 building application submittal) to complete their working drawings for the 7 proposed buildings due to the addition of a second architectural firm. According to the justification submitted for the requested time extension, the applicant lists the following accomplishments as demonstrating their "good faith" efforts in securing a building permitfor the project: (1) purchased property in September, 2005; (2) relocated 21 mobile home residents; (3) obtained South Florida Water Management District permit (#50-07266 issued in February, 2006); (4) submitted for building permits (site, townhouse buildings 1-6, condominium building, clubhouse); paid application fees for utility capacity reservations (water and sewer); and paid impact fees in the amount of $315,763.42. The applicant has submitted revised building permit drawings which are now undergoing a second review. The applicant expects that the issuance of building permits is imminent, and requests a six (6) month site plan time extension. A more formal criterion for evaluating requests for time extensions is compliance with (traffic) concurrency requirements. The Palm Beach County Traffic Division approved the traffic study for The Peninsula at Boynton Beach project based on a total of 70 proposed residential units. Based on the Traffic Division's review, it has been determined that the project is located within the Coastal Residential Exception Area of Palm Beach County which exempts residential units from traffic concurrency requirements, and the project meets the Traffic Performance Standards of Palm Beach County. No building permits are to be issued after the build-out date of 2007. The site plan time extension is still subject to the original 47 conditions of site plan approval. Lastly, no new land development regulations are now in place against which the project should be reviewed and modified. As for application of the Art in Public Places ordinance, site plan approval occurred prior to adoption of Ordinance 05-060. SUMMARY I RECOMMENDATION Staff recommends approval of this request for a six (6)-month time extension of the site plan (NWSP 05-013) for The Peninsula at Boynton Beach project. If this request for extension were approved, the expiration of this site plan, including concurrency certification, would be extended to January 5,2007. Staff is generally in favor of the redevelopment efforts represented by the approved site plan, which serves to promote the goals of the Community Redevelopment Agency and the Federal Highway Corridor Community Redevelopment Plan toward greater residential uses in this area and economic revitalization. The proposed Peninsula at Boynton Beach project will provide an opportunity for redevelopment in a highly visible entrance corridor to the City, increase the value of adjacent and nearby properties, and contribute to the overall economic development of the City. In addition, the Peninsula project is proposed at a scale and massing that will provide a transition into the downtown area and proVide a variety of housing on site. If this request for site plan time extension is approved, all outstanding conditions of approval from the original site plan must still be satisfactorily addressed Juring the building permit process. Any additional conditions recommended by the Board or City Commission shall be documented accordingly in the Conditions of Approval (see Exhibit "C"). S:\Planning\SHARED\WP\PROJECfS\Peninsu/a @ Boynton Beach\SPTE 06-007\Staff Report.doc ... 1 in. = 181.0 feet I I q I C?'l ~ ~ ~ ..... 1228 .25. ..... .... ''12' ''14' ..... .211 .2.. 13... . .4.. .33.. .". .12. .41. .441 .41. 1310 .3.. .12 .... .n. .n. 1121 .n. 11.. .12. ..41 .." .... ..,. '12" ..... ...... ...... "'14' ....2. 111. .... 1UO EXHIBIT "A" - Location Map EXHIBIT B .~ )~ !~ : FEDERST A T[ ROAD 5 ~ (F.D.o.T.R/IIt'L HIGHWAY (u . lIP, SEC1lOrt IIJOJo..2~, SI1 . S. 1 ) "'[/)/"N . aT:JOF7) 264g N. FEOS ,,<:Do""" 1-IUJ'r. - ...... r "DICNr . . [!Jt [!nl [!!]I 011/.,1 ~~~ttt1~:Jl~~. !TL~-=-- _, . .~. -.....-..,..,. ,,_use.._.:>a. ~~.~~ I'L. "_....~_ -.z . . ~~".M0003I'1 """""'-:CMA_"'I:lIA~I. . ~ ,........-....-.....~I'. II... .-.- _ . EXHIBIT "C" Conditions of Approval Project name: The Peninsula at Boynton Beach File number: SPTE 06-007 Reference: DEP ARTMENTS INCLUDE REJhCl PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: 1. The site plan time extension shall be subject to all previous Conditions of X Approval. Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be determined. S:\PJanning\SHARED\ WP\PROJECTS\PeninsuJa\SPTE\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Peninsula at Boynton Beach APPLICANT'S AGENT: Thomas Yianilos, Waterbrook, Inc. APPLICANT'S ADDRESS: 715 E. Hillsboro Boulevard, Deerfield Beach, FL 33441 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: October 3,2006 TYPE OF RELIEF SOUGHT: Request a six (6) month site plan time extension to construct 30 fee- simple townhouse units and 40 condominium units on 3.51 acres in the IPUD zoning district LOCATION OF PROPERTY: On the east side of U.S. 1, approximately 1,600 feet north of Gateway Boulevard DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby _ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk J:\SHRDATA\Planning\SHARED\WP\PROJECTS\Peninsula@ Boynton Beach\SPTE 06-007\DO.doc Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida September 12, 2006 Tom Pagnotta, Director of Operations for Southern Homes of Palm Beach V, LLC, indicated they hoped to bring the A model units to the market in the high $200s, and $350K for the rest, subject to final site plan and architectural approvals. Motion Ms. Heavilin moved to approve the request for new site plan approval for Baywalk's 40 town house units on a 2.26-acre parcel in an IPUD zoning district. Ms. Horenburger seconded the motion. Mr. Myott asked to add, "subject to all conditions of approval" and Ms. Heavilin and Ms. Horenburger agreed to the addition. The motion passed 7-0. D. Site Plan Time Extension 1. Project: Agent: Owner: Location: Peninsula (SPTE 06-07) Tom Yianilos Waterbrook Development, LLC 2649 North Federal Highway Request for a six month Site Plan Time Extension for site plan approval granted on July 5, 2005, to extend site plan approval from July 5, 2006 to January 5, 2007. The board agreed to postpone this item to its October meeting at the agent's request. VIII. Pulled Consent Agenda Items .:. Consent Agenda Item VI-C, Approval of the Minutes CRA Board Meeting - August 8, 2006 Ms. Heavilin wished to make a correction on page 17, fourth paragraph down, where it said Ms. Heavilin would continue to meet with the City Commission for information purposes. It should have read that Ms. Bright would continue to meet with the City Commission for informational purposes. Attorney Spillias noted on page 10 of the same minutes, last paragraph, end of second line, it read "while contracts were ongoing" and it should read "while contract negotiations were ongoing." Ms. Horenburger referred to page 8 in the paragraph beginning, "The CRA was interested in learning whether a market analysis..." and stated she had expressed interest. In another instance on page 9, it said the CRA expressed concern about school funding, and she had been the one to express it. She was interested in the lack of attribution and the generalizing of these statements and asked Attorney Spillias his opinion of what should be done. Mr. Spillias responded that in some cases, the Recording Secretary might not have caught who asked the question and it could also be that after an item was discussed, there appeared to be consensus among the board. Mr. Spillias indicated the minutes should reflect as accurately as possible 10 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORlVI VIII.-PUBLIC HEARING ITEM B. 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 Meetine. Dates in to City Clerk's Office 0 August I, 2006 July 17,2006 (Noon.) ~ October 3, 2006 September 18,2006 (Noon) 0 August 15, 2006 July 31, 2006 (Noon) 0 October 17, 2006 October 2,2006 (Noon) 0 September 6, 2006 August 14,2006 ONoon) 0 November 8, 2006 October 16,2006 (Noon) 0 September 19,2006 September 5, 2006 (Noon) 0 November 21, 2006 November 6, 2006 (Noon) NATURE OF AGENDA ITEM o Announcements/Presentations o Administrative o Consent Agenda o Code Compliance & Legal Settlements ~ Public Hearing o City Manager's Report o New Business m' t;'~ Legal o UnfInished Business o C~} ")-4 ~-.~ "1""" RECOMMENDATION: Please place this request on the October 3,2006 City Commission Agenda ~~r ", E, Public Hearing. The Community Redevelopment Agency Board, on September 12, 2006, recommended that the s'Ubject: ,~: request be approved, subject to all staff comments. For further details pertaining to the request, see attached De~eBf:~ Memorandum No. 06-158. .... ~. ... \~ CO f"'t -::J -<;:: ~=.J '_. -'1 -.J --riCD -ft1 ,'J"'" i~:q~ ::r: EXPLANATION: PROJECf: AGENT: OWNERS: LOCATION: DESCRIPTION: Baywalk (NWSP 06-017) Carlos Balbe, P.A. Southern Homes of Palm Beach V, LLC Westside of Federal Highway, North of Miller Road Request for new site plan approval for 40 townhouse units on a 2.26-acre parcel in an IPUD zoning district. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: N/A N/A N/A ~ (ft0 ~() .~ ~ Assistant to City Manager Planning md zo;;;;;;4 - City Attorney I Fioan" S:\Planning\SHARED\WP\PROJECTS\Southem Homes of Palm Beach\Baywalk (fka Oceanside)\NWSP 06-017\Agenda Item Request Baywa]k NWSP 06-017 1O-3-06.dot S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC TO: THRU: FROM: DATE: PROJECT NAME/NO: REQUEST: DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 06-158 STAFF REPORT Chair and Members Community Redevelopment Agency Board and City Commission Michael Rump~ Planning and Zoning Director Kathleen Zeitler t.2 Planner September 5, 2006 Baywalk I NWSP 06-017 New Site Plan PROJECT DESCRIPTION Property Owner: Applicant: Agent: Location: Existing Land Use: Existing Zoning: Proposed Land Use: Proposed Zoning: Proposed Use: Acreage: Adjacent Uses: North: South: Southern Homes of Palm Beach IV, LLC Mr. Hector Garcia, Southern Homes of Palm Beach IV, LLC Mr. Carlos J. Ballbe T I Carlos J. Ballbe T, P.A. 3103 North Federal Highway; west side of Federal Highway, approximately 1/8 mile south of Old Dixie Highway (see Location Map - Exhibit "A") Special High Density Residential (SHDR - 20 du/ac) Infill Planned Unit Development (IPUD - 20 du/ac) No change No change 40 town homes 98,446 square feet (2.26 acres) Developed commercial property (self-storage facility) zoned Community Commercial (C-3); Vacant property recently annexed, with a Special High Density Residential (SHDR) land use classification and Planned Unit Development (PUD) zoning for the proposed Palm Cove development of 121 townhomes on 7.4 acres (forthcoming Palm Cove project); Staff Report - Baywalk (NWSP 06-017) Memorandum No PZ 06-158 Page 2 East: Right-of-way for Federal Highway, then farther east vacant land approved for the proposed Waterside development of 113 town homes on 7.3 acres with a Special High Density Residential (SHDR) land use classification and zoned Infill Planned Unit Development (lPUD); West: Developed residential property located in unincorporated Palm Beach County with a Commercial High (CHIS) land use classification, zoned Residential Multi-family (RM). Site: The subject property is a 2.26 acre lot located on the west side of Federal Highway, approximately 650 feet south of Old Dixie Highway. In 2004, the property was approved for Southern Homes' proposed Oceanside townhouse project. Currently, a modular structure serving as a temporary sales office for Southern Homes of Palm Beach is located on the subject property. The 3,200 square foot temporary office is currently used as the "home base" for the applicant's multiple residential projects (i.e. Murano Bay, Coastal Bay Colony, Bayfront, and Waterside) constructed in the City of Boynton Beach. In addition to the sales office and related parking areas, the survey shows the site contains Cabbage Palm, slash pine, and some unidentified trees. The eastern portion of the site has been developed while the western portion remains undeveloped with native and exotic vegetation. A billboard is located at the southeast corner of the property, and will be removed in conjunction with the development of the townhomes (see Exhibit "C" - Conditions of Approval). BACKGROUND Proposal: On June 1, 2004, Southern Homes' Oceanside project, a proposed 45 unit townhouse development, received approvals for the following: (1) land use amendment (LUAR 04- 003) from Local Retail Commercial (LRC) to Special High Density ReSidential (SHDR); (2) rezoning (LUAR 04-003) from Community Commercial (C-3) to Infi" Planned Unit Development (IPUD); and, (3) new site plan (NWSP 04-004) subject to 48 conditions of approval. The site plan is valid for a period of one (1) year from the date of approval, unless a building permit has been issued for commencement of development, or a time extension is requested prior to site plan expiration. The developer has not obtained a building permit, and did not request a time extension prior expiration of to the Oceanside site plan. Therefore, the developer is currently requesting a new site plan approval for the subject property which includes changes from the original approval. The proposed project design is different from the previously approved Oceanside project. The proposed Baywalk project consists of a total of 40 condominium townhouse units in five (5) structures, each containing two (2) stories. Townhouses are permitted uses in the IPUD zoning district. The maximum density allowed by the Special High Density Residential (SHDR) land use classification is 20 dwelling units per acre, which would allow the developer a maximum of 45 units based on 2.26-acre site. A total of 40 units are proposed at a lesser density of 17.7 dwelling units per acre. If the project is to be constructed in one (1) phase, a site plan may take the place of the required PUD master plan, as is requested in this case. Staff Report - Baywalk (NWSP 06-017) Memorandum No PZ 06-158 Page 3 ANALYSIS Concurrency: Traffic: A traffic statement was sent to the Palm Beach County Traffic Division for concurrency review in order to ensure an adequate level of service. The Palm Beach County Traffic Division has determined that the proposed residential project is located within the Coastal Residential Exception Areas of the county, and therefore meets the Traffic Performance Standards of Palm Beach County. No building permits are to be issued by the city, after the 2008 build-out date. The County traffic concurrency approval is subject to the Project Aggregation Rules set forth in the Traffic Performance Standards Ordinance. School: The School District of Palm Beach County has reviewed the application and has determined that adequate capacity exists to accommodate the projected resident population. Drainage: Conceptual drainage information was provided for the City's review. The Engineering Division has found the conceptual information to be adequate and is recommending that the review of specific drainage solutions be deferred until time of permit review. All South Florida Water Management District permits and other drainage related permits must be submitted at time of building permit (see Exhibit "C" - Conditions of Approval). Police/Fire: Staff reviewed the site plan and determined that current staffing levels would be sufficient to meet the expected demand for services. Site Design: Access: The project proposes one (1) point of ingress / egress to the subject site, located on Federal Highway. The site plan (sheet SPl of 2) shows that this point of access would be 25 feet in width and allow for right-turn-only egress. Circulation: The two-way street internal to the development includes a private street approximately 340 feet in length and two (2) side streets approximately 75 feet in length near the entrance to the development. A one-way roundabout provides primary vehicular circulation. Streets: Per the IPUD zoning district regulations, privately-owned streets providing secondary vehicular circulation internal to the IPUD may be considered for approval with right-of-way and pavement widths less than the minimum PUD requirement of 40 feet, however in no case shall health, safety, and I or welfare be jeopardized. According to the site plan details, the private streets internal to the development would include 24 feet of asphalt and a combination of gO-degree parking stalls 18 feet in length or driveways 8 feet in length. Additionally, a four (4) foot wide pedestrian sidewalk would be placed in front of most dwelling units for pedestrian circulation. Between buildings 3 and 5 there would be a minimum of 50 feet. The streets, parking spaces, driveways, and sidewalks would all be common areas; only the residential units would be individually owned. Although the proposed streets are private, the streets are for the use of residents and service' providers alike. Large garbage trucks will be required to maneuver and circulate throughout the proposed development. Solid waste pickup would be a combination of roll- out curbside service for the 24 units with a garage and the 8 units in Buildings 1 and 2, Staff Report - Baywalk (NWSP 06-017) Memorandum No PZ 06-158 Page 4 and a trash dumpster for the remaining 12 units in Buildings 3-5 that would not have a garage. The dumpster is proposed along the south property line near Building 4. The proposed plans have been reviewed by the Engineering Division for compliance with City standards for IPUD zoning, including internal street width, utilities within those streets, and safe sight distances. The Engineering Division has determined that the street width is acceptable and the plan is in compliance with the City's requirements. Parking: The project proposes a total of 40 townhouse units (2 and 3 bedrooms) with a community pool and pool house. Two (2) and three (3) bedroom dwelling units require two (2) parking spaces per unit, and the amenity area requires a mix of five (5) spaces, for a total of 85 parking spaces required on site. The plans show that the development would have a total of 86 parking spaces, including three (3) off-street parking spaces near the pool with one (1) of the spaces designated for handicapped use. The site plan shows that 24 units would have a one (I)-car garage (Models "B", "c" and "D"). The first floor plans show that each one (I)-car garage would be dimensioned 10 feet in width and 18 feet to 19 feet 9-inches in depth. One (1) unit (28-C) has driveway dimensions to accommodate a required space. The remaining 61 parking spaces would be distributed throughout the project, but each unit would have a row of parking spaces in close proximity to their front door. The 90-degree parking stalls, excluding the handicap spaces, would be dimensioned nine (9) feet in width and 18 feet in length and include wheelstops. All proposed parking stalls, including the size and location of the handicap space, were reviewed and approved by both the Engineering Division and Building Division. In addition, all necessary traffic control signage and pavement markings will be provided on site to clearly delineate areas on site and direction of circulation. Landscape: According to the site plan tabular data (sheet SP2 of 2), the proposed pervious area would total 0.57 acres or 25.41% of the site. The proposed landscaping exceeds minimum code requirements and provides a complimentary mix of canopy and palm trees such as Uve Oak, Mahagony, Dahoon Holly, Royal Palm, Coconut Palm, and Sabal Palm. All trees would be the required minimum of 12 feet in height at time of planting. All areas located outside the building footprint would be under the control of the Homeowners" Association to ensure proper maintenance of the common landscaped areaS. The landscape code requires that 50% or more of the plant material be native species. The plant list (sheet P-l) indicates the landscape plan would provide a total of 57 canopy trees, of which 53 (or 93%) would be native species. The plant list indicates that 58 (or 54%) of the 108 palm trees would be native species. Also, the landscape plan indicates a total of 1,374 shrubs, of which 842 (or 61%) would be native, and a total of 1,335 groundcovers of which 669 (or 50%) are native species. The landscape plan notes indicate that non- potable well water will be used as the source of irrigation for the project. The site plan (sheet SPl of 2) shows that perimeter landscape buffers ten (10) feet in width are proposed along the north, south, and west property lines. The landscape plan (sheet P-l) shows that a row of Cocoplum hedges and Uve Oak trees are proposed within the north (side) landscape buffer. The plan also indicates three (3) Sabal palms and a Staff Report - Baywalk (NWSP 06-017) Memorandum No PZ 06-158 Page 5 Mahagony tree are proposed within this buffer. The south (side) landscape buffer would contain a row of Cocoplum hedges, and a mix of Live Oak and Sabal palms. The west (rear) landscape buffer would contain Dahoon Holly, Sabal Palms, Live Oak, and Cocoplum hedges. Hedges within buffers are to intended to form a continuous, solid visual screen as noted on sheet P-1. However, the plan is required to be revised in some areas to comply with this code requirement (see Exhibit "C"- Conditions of Approval). The east landscape buffer would be 12 feet in width and contain more landscape material than the other buffers because it is adjacent to Federal Highway. This buffer would include the following: Royal and Sabal Palms, Mahogany, Crinum Lilly, Bush Allamanda, Ixora Nora Grant, Dwarf Bouganvillea, Purple Glory Bush, and seasonal annuals. The front of each unit would have Royal Palms, Montgomery Palms, Green or Malayan Coconut Palms with a mix of shrubs and groundcovers. The air conditioners for each unit would be located on the ground to the rear of each unit and screened with Cocoplum hedges. The landscape plan notes indicate that non-potable water will be used as the source of irrigation for the project. However, if the non-potable water source proves to be too brackish, and potable water has to be used for irrigation purposes, then the use of drought-tolerant species shall be utilized, and water conserving irrigation techniques be applied such as a drip system (see Exhibit "C" - conditions of approval). According to the landscape plan, a six (6) foot masonry buffer wall would be placed along the perimeter side and rear property lines of the subject property. The adjacent Palm Cove PUD to the south is also required to have a privacy wall, and the applicant will take measures to share their wall, rather than duplicate it (see Exhibit "C" - Conditions of Approval). A decorative metal fence would be located to the rear of Buildings 1 and 2 along Federal Highway. The fence will be a brown aluminum rail picket fence approximately four (4) feet in height with decorative metal columns, similar to the pool fence enclosure. Each unit adjacent to Federal Highway would have a walkway for pedestrian access from the rear of each unit to individual gates leading to the sidewalk along Federal Highway, to allow for pedestrians to engage the street. A custom carved stone urn fountain would be located in the roundabout south of the poolhouse. Per the fountain detail (sheet L-1), the fountain would be seven (7) feet- nine (9) inches in height. The fountain area would include landscaping, lighting, and benches. Buildings: The 40 dwelling units are proposed within five (5) separate buildings on the 2.26-acre site. The plan proposes a mix of two (2) and three (3) bedroom units. Each of the five (5) buildings would contain varying unit types as well (models A-D). According to the floor plans (sheets A12-A15), the smallest unit (model A) would be 1,189 square feet of air- conditioned area and the largest unit (model D) would be 1,688 square feet of air conditioned area. The proposed townhomes are condominium-style ownership, with all areas other than the individually-owned unit considered to be common areas. Height: The maximum height of buildings in the IPUD zoning district is 45 feet, and all proposed structures comply. Sheets A-4 -5, A-7, A-9, and A-ll indicate the proposed two (2)-story Staff Report - Baywalk (NWSP 06-017) Memorandum No PZ 06-158 Page 6 townhouses would be 24 feet - nine (9) inches measured at the mean roof height, and 28 feet - four (4) inches measured at the top ridge. The one-story poolhouse elevation on sheet A-2 indicates a building height of ten (10) feet - six (6) inches from the top of beam, and .a peak height of 18 feet. The elevation of the entry arch on sheet A-1 indicates a vertical clearance of 17 feet, and a total arch height of 22 feet - six inches. Setbacks: The IPUD zoning district has no specific minimum building setback requirements, except that "perimeter setbacks shall mirror setbacks of adjacent zoning district(s) but with a minimum of the setback required for a single-family residence, as determined by the orientation of structures in the IPUD". The proposed perimeter setbacks of between 10 to 20 feet are consistent with other similar developments along the Federal Highway Corridor. On the site plan tabular data, the minimum setbacks are shown as follows: front (east property line) - 10 feet, rear (west property line) - 10 feet, and side (north and south property lines) - five (5) feet. However, Buildings 1 and 4 are shown on the site plan with a side building setback of eight (8) feet, an increase of three (3) feet. This is because the proposed setbacks are intended as minimum dimensions to be exceeded where possible. The buildings shall not encroach into the self-imposed minimum required setbacks. Staff concurs with this scenario and notes that the setback table shown on sheet SP2 of 2 regulates the project's minimum required building setbacks. These building setbacks have been provided for compatibility purposes, and mirror adjacent development to the west. The perimeter setbacks are intended to accommodate a buffer wall, required buffer landscaping, and outdoor air conditioning equipment, as well as to provide some common area for the enjoyment of the respective residents. Buildings 1 and 2 are proposed along Federal Highway and would be set back a minimum of ten (10) feet from the east (front) property line. Building 1 would be setback eight (8) feet from the north (side) property line, and Building 2 would be setback five (5) feet from the south (side) property line. The site plan shows that Building 3 would be set back ten (10) feet from the south (side) property line. Building 4 would be set back ten (10) feet from the west (rear) property line, eight (8) feet from the south (side) property line, and eight (8) feet from the north (side) property line. Building 5 would be set back ten (10) feet from the north (side) property line. The pool house to be located approximately fifteen (15) feet west of Building 5 would be set back ten (10) feet from the north (side) property line. The community pool would be set back eight (8) feet from the north (side) property line, and the pool deck would be set back five (5) feet from the north (side) property line. Amenity: The IPUD zoning district requires a minimum of 200 square feet per dwelling unit to be provided for usable open space areas. The site plan (sheet SP2 of 2) indicates a total of 8,000 square feet (40 x 200) is required, and 10,295 square feet (or 257 square feet per dwelling unit) of usable open space is provided. The recreation amenity area would Include a swimming pool and a pool house building with restrooms, and a covered terrace for the use of the residents and their guests. The one- story pool house building of 515 square feet is designed to match the architecture and building materials of the townhouse buildings. A bike rack, water fountain, and mail kiosk would be located at the pool house. A decorative paver deck and fencing would surround the pool. The fendng would be consistent with the brown aluminum rail picket fencing proposed throughout the project. Staff Report - Baywalk (NWSP 06-017) Memorandum No PZ 06-158 Page 7 Patios: Design: A concrete patio (slab only) approximately four (4) feet by nine (9) feet would be located to the rear of each unit. The tabular data on sheet SP2 of 2 indicates that these rear patios would be set back a minimum of five (5) feet from the side and rear property lines. Unit owners in Buildings 1-2 would have concrete patios and walkways from the rear French doors connecting to the sidewalk along Federal Highway. The site plan notes on sheet SP2 of 2 indicate that the homeowners' association will not allow individual pools or additions to the units, and also notes that no patios or balconies are allowed to be modified (screened, enclosed, etc). Any such proposal in the future would require a master plan modification. The proposed buildings and pool house resemble a Neo-Mediterranean design with Spanish "S" tile roof. The majority of exterior walls of the buildings would have a smooth stucco finish with multiple color options. All buildings would be earth colors and include Sherwin Williams paints named Bold Brick (SW 6327), Friendly Yellow (SW 6680), Navajo White (SW 6126), Hubbard Squash (SW 0044), Baked Clay (SW 6340), Dover White (SW 6385), and Jute Brown (SW 6096). The neutral color palette proposed will be harmonious with surrounding developments. All buildings would be architecturally enhanced with balconets having decorative aluminum railings, picturesque fenestration with windows of varying sizes and shapes, recessed entries, and porticos. All accent features such as entry doors, stucco walls, clay roof tiles, raised trim, and stucco walls present a higher quality of architectural design and materials. An arched entry feature which spans from Building 1 to Building 2 is proposed at the community entrance along Federal Highway. The arched entry feature would have a clearance of approximately 17 feet. Butresses on each side support the arch and also serve as small collonades which provide covered pedestrian walkways into the development. The plans propose one (1) type of outdoor freestanding lighting fixture. The photometric plan (sheet PHi of 1) indicates a total of 27 freestanding lights are proposed throughout the development. The light detail shows that the round fiberglass light pole would be 18 feet in height. The color of the pole and light fixture would be black. Signage: The conceptual entrance elevation shows that a "Baywalk" sign would be located on each side of the entry on site walls. However, the sign detail dimensions on sheet A-1 exceed the six (6) foot wall height and do not indicate the signage area, materials, or color. The wall shall be painted the same or similar to the building colors. The signs would have to comply with Chapter 21, Article IV, Section 1.D of the Land Development Regulations (see Exhibit "C" - Conditions of Approval). Public Art: An open space is proposed to exhibit public art along Federal Highway in compliance with the newly adopted requirement for developments to provide public art work. The exact location of the proposed artwork is undetermined at this time. The artwork will enhance the ambiance of the proposed development. Ultimate review and approval of the artist and type of artwork is still pending by the Arts Commission. Staff Report - Baywalk (NWSP 06-017) Memorandum No PZ 06-158 Page 8 SUMMARY: The Infill Planned Unit Development district standards and regulations were created for the purpose of allowing flexibility to accommodate infill and redevelopment on parcels less than five (5) acres in size. The IPUD zoning district regulations state the following: "It is a basic public expectation that landowners requesting the use of the IPUD district will develop design standards that exceed the standards of 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, will be dependent on how well the above stated planning expectations are expressed in the proposed development plan." The site/master plan design standards exceed the basic development standards for conventional residential zoning districts in terms of site design, building architecture, amenities, and landscape design. RECOMMENDATION: If this request is approved, it is contingent upon satisfying all comments indicated in Exhibit "C" - Conditions of Approval. Any additional conditions recommended by the Board or City Commission shall be documented accordingly in the Conditions of Approval. Staff has reviewed this request for New Site Plan and is recommending approval of the plans presented. S:\P1anning\SHARED\WP\PROJECTS\Southem Homes of Palm Beach\Baywalk\NWSP 06-017\Staff Report.doc 1 in. = 171.6 feet 0010 0020 1030 140 --.-1 I __....J i ,0 ----..'1 ! ---j i ---1 I i f I i I .. ! i I I ! 0243 I r-- -II -- .-;------ i r - . .... . 0270 1/ 0260 I 0110 rr 0090 1- ----.- / r--.f I " ! 0280 f I 0250 i ...-1 i J-~._,.._-~_._--j / -..{ /' 0290 Iii 0240 ~--~--~t_ ~ / 0300 i I"~"~ ;1i140 1------11 0220 't- I 0310 I J ! 0150 t t---~-~ f / 'J 0200 I 0160 /)! ~--- -- I-----L / , 0340 ,I 0180 I .I _ ,.____/1 , 0350 II r-; Ii ; ,J I ,0020 ! I / ./ !/ 0642 0641 0020 0690 ! 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(1 ~ ~(i {I , I , I I I , , ~ , ~ ~ ~h; ~"" ~;a (; "" , , , -I > -10 , , , C'i , , , , ;:~ "" z ~ , , , =i , , , rn -t ::J: , , , r- r- rn , , ~ ~ rn , r- , , , rn r- , ~ ~ ~ ~ , , I W Wi , , ~ I , 6 6 -t , , I 6 I , z I , z 6 , , , I , Z Z , I , I , , I , , I Ig] 1m: I , , , I , , , I , , ~ , , I. , , .... ... , , '" ~ II , '" ... I , II II - I Ig] , , .... =. , ~ I , , .... ~ I , ~ , , I , , , , , , I , , , . , , , , , , , , , 1mI: , , , , , , , , , , , , , , , ~ '. " t ~ (I , 'I 'f ~ ~ ' . , '. .~ tl I I ~ n 8 z o ~ "" > ~ II ~ $ z BUILDING 2 ~ Ul ~ !,";-z ~ ll!~~"oll'~l!~ n F ;REr r. r.. tJ ~~ =itJ ~tJ -~ :115- l>~ i!i .....~ ~ ~. 00 tl8" rnm !l I f~ I ~ 11:.. r> ~ ~ ~ !:l~~... 2 'B o~ ~. i! d ~ilii"o h ! ~lf . ill r :t iP' U &~ ~ ..~~h.. I'~ ~ J ~~!; ~ I i~ I i= 1>2 i= R ~ i ~ III ;w,,~1!l '".. ~ In i n ~ tJ II ~rg ~ m I ii .. 0.. r (;i M ~ ~ z \1 ;I ~ ~ ~ ~ n -~ @ pi I I I I I it . ~ 51 ,Ii = I ,51 II I J II 115 g I ! < t ; I , ~ ~! ; I II 3 ()n "" o c z o "T1 5 0> "" > ... ~ II ~ n ~ffT1lD. D ~@i!; i BAYWAlK fOR SOUTHERN HOMES .OYTON 'EACH, flORIDA 33435 m!" (')~ I~ii~ i~ -- _......Of NIM -..at . 11C _sa ..... -- --- ~...::- ~ ~ ~ ~ 5 z :z: ~n~o~~~a I H~~~i i~" it i ~..~~~ ;~ ~i i g~i~i ~~ ;~ ; ~gU; ~~ ',li := ~fl:=~Z 8 ~ ;II l'~lC i ~ ~3r~ ~ S cp OCP""" ~ ~ ~~ ~ ~ - : i ..:... ~ ~ ~ II ~ 0" =D' Jo... c ..... - = - .. ~i i ~ n ~ BAYWAlK '01 SOUTHERN HOMES aOYTON .[ACH. FLOIIDA JJ4J5 EXHIBIT B ~ II ~ - -......'" MMIM)IIUC ..., s.w........ -- --- ~c.iI"'...:::" m'i C'l~ Ilii;~ i~ EXHIBIT B W II il~ I ~~ ~ ~ . ~! ~ ! it i ~ >~ . g t~ i j ~~ j I ~l. > V> () ITI '" () 0 0 c z z 0 0 .." ~ .." r- 8 0 0 '" '" .... q . ~ .... "i II .... ~ z$- ~ ~ > " BUILDING 3 lD- ')> ~ 0-. : O-D . - . ..... .. .- ~ ~ - - - ~i ; ,,"" C'I~ Iii!;! i~ -- __'" MM~'UC ......... ,.. -- ......-- .....:_W'MnllI MX:_ ...... BAYWAlK fO' SOUTHERN HOMES IOYTON 11ACH. FlOllDA 334)5 Z r- ~ m ~ m r- !< ~ 0 z ~ ;lD ~ ;a !!l ~ 0 ;lD Z m -I r- m ~ r- ~ !< -I ~ 6 II Z 6 ~ z ~ ~ II II ~ ~ ~ n ~' g~ ~~ ,I d ; f 4!J \1l@ ~ !!! I I I I I en if r i q jq II H U III ~ I ! " "I ; ~ ~! ~ I I I a I I . . I ig m r- !< ~ o z ~ II ~ BUILDING 4 0" ;[[}].:~:D' :D. ~ .. .. ~ ........ c ~ ~ ~ ~ i i if" i I ~ , EXHIBIT B BAYWALK 'Ok SOUTHEIlN HOMES IOYTON 'IACH. FlORIDA 514.)S - _.....a MM..,..UC ..sw......_ -- .....- ... ......:.. .,... fA1C:ODIItnMII ; ~!m ~. I ~;!.:- 0 : ni; ~ EXHIBIT B m II ~ I ~ go f ~& ! H ~ iJ ~ H ~i ~ > > V> C) m '" (") " 0 " 0 c z z 0 0 "T1 " 5 r- 0 0 0 '" '" " " ~ "' ~ > " ~ ~ ..... Oi "i > ~ z > > BUILDING 4 O.D . - . ...... .. .-,.. - - - - ij ~ rD" ~)> ; 00 ~ ,t!i' 0. : . :~:! ... i i!f:. 0 om; ~ ........ __0 MM -..oIl uc ~........- -- --- fttl>>E:_.,... M1I:".wIU BAYWALK 'Ol SOUTHERN HOMES IOYTON UACH. HOlt-IDA 1J435 . ~$ m r- ~ '-I 0 z 5"" '^ on o "" ~~ ~ 0 :I: :I: !i m r- m ~ r- ~ ~ '-I ~ II 0 ~ z 0 III z ~ ~ II II ~ ~ - III ~ "" C'i ~ p:! ~ '-I 0 Z BUILDING 5 m- - . . 0 - )> :: : ~ ~ : ~ - ~ w w ~i ! ~~! ~~ ~ (; ~ij;KE(; :r:F.. .... - ~O ~ ~~~~~ ~~ n ~~'"~~I~~ 2~1~ ~~ ~. i hh~; ~~ ~~ la F ~2~F~<? ~I III ;KI'811 ~ i o ;lI3rlil E m 0" r: r ~ /j~ ~ ~ >: -< ~ . '1 @ i!! @!!!J P I I I I I I - i Ii Ii H ~ ~ ~ II II Ii ~ t I I n IS I ;~; t i~1 r ~I ~ n ~ 0; . I~ " 0- :D. ..... .. ... ~ - .f - i ~f 1 BAYWALK '01 SOUTHERN HOMES IOYTON lEACH, FLORIDA 33435 EXHIBfT B - -""""'" MMIIIlOfIUC ~- ....... -- -........ .... ::::- J"''''::- in'! Oil i ~~;:; -. !I=!~o ! ni; ~ ~!I~ I ~~ ~ ' ~ ~!! i ~ ts S . ~ .~ '. g I~ ~ ~ ~~ ~ I ~J U' VI m () o z o ~ ;:a ~ ~ ~ " ~ <i " .:. '" , " BUILDING 5 []"ffi]O O' "O"D '~ ~~~~~H; ~ O - · I : =: !' -: -$z EXHIBIT B C) ;:a o c z o 5 o '" ~ ~ ~ " ~ q " ~ ~ -l'-- C'l~ !iii~! ~~ BAYWALK .Ok SOUTHERN HOMES - __Of PAM..,.' UC --....... -- -- .... "...,_..... MX:...... BOYTON BEACH, fLOllDA l1415 ",., .'.w' ..... c z ::j :i> I - -r; L_~HL "'-T .'.,' ,~ I t'.r ...... ....... " .... t c z =i (:) I j ...... ~ ! 00- 'I'< ; l!]O : ~ : 0" : D" - 0"'" : : · ; :~;; ~ : !t ~ i ; =: : N ~ - ; ! i ~~ - BAYWAlK '0' SOUTHERN HOMES .OYTON lEACH. FlOIIDA J;J4]S EXHIBIT B ...... ...-,.,..... PAM IMCN' DC --...- -- --- I'HCItE:CJIt.,... MIl:: CJllII trNIU m'- C'l~ ';W!~~ U1 0 ----------.-- ~ ~ R I ~ I ~ g I , , IT' C Z '(l -I '" ..... -< m ~ IT' >- r- ~ '" ~ n -I :r: Vl 5 m C) r- Z Z ~ ~ 5 z t ~= ..... ~ II. t.> CD ~ . ..... !! ..... CD lE . :J: a; 7' ~ -0 > Z ENTRY FEATURE ~. ;[[].:~:D' : - .. .. ~ -c"" .. ~ ~ ~ i i i if ~ @C! !~ @J Z -' II" t.> :::l a- . 1/ it " u II I I I : I I , , ill!' nil .. . :!.'! lJln i BAYWAlK fOR SOUTHERN HOMES -- ......."""" Of 'ilIMIIIIDIUlC ~.. ...... -- --- 1'tDe:_~ M1l':ClllttrMlfit IOYTON lEACH. FlO~IO^ 334]S @l1C3 @JI@ @@J<B ~ ! ~ ~ ~ I! I! I! . . ~ ~ ~ ~ e ed i i Ii I ~ ~ ~ ~ ~ i J E i ~ I ~ e ~ ! I ;;t ~ I! ~ 11 i 3~ I~ ~ II ! Ui 3 Ii 'I r I II I I I II I II i! i i .~ l r I ...."'0 "'0 zO ~ -lr- ",:z: r-O ~c ~~ ~ 5 z . .....~ . l !~ ~ I I I .... I@ I ~ I I I I I !l ~ t ~J ~I BAYWALK - .n" o. .,............ or I fW~ j fOt MM IMCH' u.c SOUTHEIlN HOMES ... sw....... -- --- .OYTON IlACH, flORIDA 1)435 PtDE:_ WMnOI Ml":OIItn6IG "''''0 ~8 r- P:!:z: ~O ~S; 5'" z .... :;;: . J Ii ~ i ~ ~t ~ 0@0000000001 IHlpqPI Iq 1I11 I I q i ~ ~ I < . ~ ~ I &E I II ~ u "'0 0 0 r- :r 0 c '" m .... 8 '" "'0 ~ .... :;;: . 0 ~"'O "'00 -0 ~~ ",0 oS; mon ", r- ~ ~ 5 z .... :;;: . . . ' II !ilil ~ilP Ii 0111 Sc I ~ :: IIIII i'liI U hi q I! Ii Ilu: J )~ II U EXHIBIT B -.. , t I 0- ;IT!]o:;:O" =D" - )> " " " " ""-. . N ~ ~ i i i ii 0 i I:: X B It HliflIJlfJillIHIII'inllll'~lltlll.llltinil' U ~ U ~HI Iflll.lllt-hlll- I I I.. ,( [:~ ;J ~lliji"'~~ ~ .1'11 IIHilfliljfllll,:~ I ! Hit 1111 !I,I I, ~~ i c ~~ i~ ~ It I !fl.fltl. 11111~111. B ~ ~ ~ ~ ~ 11I1111111,illl,1 J11(llllhf' IS,lii i~ H~~~ A' ~ ~ It j I · 1111 I I I Ifl lI~f!1 ~ ~ I : ~ it h r lf~fllilif Uil i iI1ld Uif!i H ~ h ~ i ~ I I nIl i rfJIJl11t,llIi f Hih !lllff~ ;;::~ m ~ 0 " I:f ..l 'I h. 111,11 'II I l> ? i Iliil lit ;~r I .- J j' U ~; ~ t ~ & ~ ~ IIi..... .,filii [ ~~ ~ & ~ .It . ~~ 111~111 II i I I !' 1,1 ;, I I I i !t I~~ 7' I; ~!I~ ~ ! ~i~; BA YW ALK Boynton Beach, FI Southern Homes SITE PERMIT PLANTING PLAN 1~IIIB"iI ~ ~ ~ ~ ~ i ; i i 'i i i B 'i i B i I~ -"I' t I · , , I ~ I r I 1 ~ , 1 K K rf~ l!~ill Ii Ii Ihl U Illlf; ,i!li II W hil! i I., 'r'.' r . I f r,r'r '~'t I I J J r II lPi~ t:i1i ~ ~ ~ Il.e.. I r : I 1; .. II .. ~ .. ~ ~ Ii f' t ','." ,"." "t~ r uu 'I" ~:;;.. 't'l"'f" "I....... ~~ ,FE1 " !!!!r" I""" ~ ~I t .1 II f llz i UJItJ flU J I [ ~ ;r 'HI JO 8 i i 11,1,~jjlll;W,W,; ~ r; f U / f I h If f~ r r ~ ~ .., 1i 'i 'I ": 'I 1i .., ": " ~ I ~ .. ., !If ~ .., 1i "f 'i ., ... '-: 4 I , I ! · i ! ~tl f ~ ~ · i ! f J 1"1111- .1, J,f I . ( i iF ' ~ ~ I ~ l'1 !i2Ii~ I II rhhi ,I rl J I .~ h 'If fT1 I! d r ;; " Ii tj ij I '1 ;~';~I h I I' iliiJI IJ , ~ ~ f i i ~ If , GILL DESIGN GROUP LANDSCAPE AIlCSI'I':8CTS .. LAJrI) PLANNERS 61 s..... l_DllIVII. B()CA 1tATCJN. Pl.QtIDA J34I6 PHON!! "J..:M'7.1n' FAX 5l5t<4I6a1715 -~,.~ ~J.~ ." m ~ ~ ~ m ~ ~ r- r- VI ~ m -c 5: z ~ '" ~ ." m I~ ~ F ~ I; m ~ ~ )> r- r- -0 m ;0 ~ ~ ,-- ~I ~ L__ )> r- r- m r- ~ ~ 6 z ,-- I L__ EXHIBIT B . ..... o -0 ): z 9 ~ . I~ I~ Ii \ ~ ~ ~ '" ~ o . c VI ~ .- - . r. . ~ u U > "- - ~ "- ~~ ~I ~ ~ I)"" 51 ~ ~~ k 4) 0 311 I, ~~ I @ p . . . . . . ~ t ii Iff q i ~ II I f I II I' B I ~ i I' II CJ m () o ~ ~ <: m ." m Z () m ~ ~ ~ [f]" :rm.:~:D' :D" . Vl : . . . < =: ~ · ~~~iiiH' 1 BAYWAlK fOR SOUTHERN HOMES IOYTON I(ACH. FLORIDA 334)5 - .....-. """" '" M&M a,Qt'lLC ==--- --- ft-CNf::_..... MX:0D8 trNM1 m"C'l~ IlW!i~ CONDITIONS OF APPROVAL New Site Plan Project name: Baywalk File number: NWSP 06-017 Reference: 2nd review plans identified as a New Site Plan with an August 15,2006 Planning & Zoning date stamp marking DEPARTMENTS PUBLIC WORKS - General Comments: INCLUDE REJECT 1. Prior to permit application contact the Public Works Department (561-742- X 6200) regarding the storage and handling of refuse per the CODE, Section 10-26 (a). 2. Provide a roll-out area for Buildings 1 and 2 along the main east-west X roadway to eliminate the need for solid waste to access the dead-end roads in front of those buildings. 3. Provide an area for recycling and bulk waste pickup. X 4. Delete dumpster enclosure by Building 2. X PUBLIC WORKS - Traffic Comments: 5. The turning movement necessary to gain access to Unit 4 (Building 1) is X virtually impossible to make in a single movement. Even making multiple maneuvers to gain access creates an unsafe condition for motorists. The driveway access point shall be 30 feet from the roadway intersection (LDR, Chapter 6, Article IV, Section 1.A.l.). ENGINEERING DIVISION Comments: 6. All comments requiring changes and/or corrections to the plans shall be X reflected on all appropriate sheets. 7. 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 generated by the Commission and at permit review. 8. Full drainage plans, including drainage calculations, in accordance with the X LDR, Chapter 6, Article IV, Section 5 will be required at the time of permitting. BA YW ALK NWSP 06-017 CONDITIONS OF APPROVAL PAGE 2 DEPARTMENTS INCLUDE REJECT 9. 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: 10. All utility easements and utility lines shall be shown on the site plan and X landscape plans (as well as the Water & Sewer Plans) so that we may determine which appurtenances, trees or shrubbery may interfere with utilities. In general, palm trees will be the only tree species allowed within utility easements. Canopy trees may be planted outside of the easement so that roots and branches will not impact those utilities within the easement in the foreseeable future. The LDR, Chapter 7.5, Article I, Section 18.1 gives public utilities the authority to remove any trees that interfere with utility services, either in utility easements or public rights-of-way. 11. Palm Beach County Health Department permits will be required for the water X and sewer systems serving this project (CODE, Section 26-12). 12. Fire flow calculations will be required demonstrating the City Code X requirement of 1,500 g.p.m. (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)), due at time of permitting. 13. The CODE, Section 26-34(E) requires that a capacity reservation fee be paid X for this project either upon the request for the Department's signature on the Health Department application forms or within seven (7) days of site plan approval, whichever occurs first. This fee will be determined based upon final meter size, or expected demand. 14. 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 engmeenng drawings, usmg a minimum width of 12-ft. The Water Distribution and Sewage Collection System Plan Sheet reflects only two (2) 6-ft. wide utility easements on either side of the main roadway (ingress- egress), which does not cover the proposed water and sewage main lines. Please clarify. The easements shall be dedicated via separate instrument to the City as stated in CODE Sec. 26-33(a). 15. 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 BA YW ALK NWSP 06-017 CONDITIONS OF APPROVAL PAGE 3 DEPARTMENTS INCLUDE REJECT setting of a permanent water meter is a prerequisite to obtaining the Certificate of Occupancy. 16. A building permit for this project shall not be issued until this Department has X approved the plans for the water and/or sewer improvements required to service this project, in accordance with the CODE, Section 26-15. 17. There are canopy trees specified within the utility easements throughout the X project. Please correct. 18. 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 permit application. FIRE Comments: NONE X POLICE Comments: 19. Applicant shall provide a detailed photometric lighting plan. X 20. All lighting shall be metal halide following IESNA Lighting standards. X 21. Landscaping shall not conflict with lighting (to include long-term tree canopy X growth). 22. Timer clock or photocell lighting for nighttime use shall be above or near X entryways. 23. Pedestrian scale lighting shall be used for all street and pedestrian walkways. X It is suggested that interactive or lighting on demand be used in sensitive areas. 24. Numerical address: Shall be illuminated for nighttime visibility (dusk to X dawn). Shall not be obstructed. 25. Residential Security: The door leading into a residential unit should be a X solid core door and equipped with a single cylinder dead bolt lock (including garage door). When placing the order for a front door that will have a side pane window it should be placed on the opposite side of the door handle and lock making them unreachable. If front door has zero visibility to front entryway area, it should be equipped with a l80-degree peephole. Entry door BAYWALK NWSP 06-017 CONDITIONS OF APPROVAL PAGE 4 DEPARTMENTS INCLUDE REJECT should open outward versus inward. All exterior doors should be equipped with security hinges. Anti lifting auxiliary locks should be installed on sliding doors and windows. Should be pre-wired for alarm system. There should be strategically placed directories with arrow indicators for buildings throughout the property at vehicle driver sight level. The directories should be placed at the ingress points. If benches in a park area are intended for nighttime use, adequate lighting should be provided for the area in which they are located. They should also be in open view to eliminate concealment areas. 26. CPTED conditions for construction site burglaries: Prior to issuance of the X first building permit, the applicant shall prepare a construction site security and management plan for approval by the City's Police Department CPTED Official. The development/project manager, after site clearing and placement of construction trailer, shall institute security measures to reduce or eliminate opportunities for theft. The management plan shall include, but not be limited to, temporary lighting, security personnel, vehicle barriers, construction/visitor pass, reduce/minimize entry/exit points, encourage sub- contractors to secure machinery, tools at end of work day and or any other measure deemed appropriate to provide a safe and secure working environment. BUILDING DIVISION Comments: 27. Please note that changes or revisions to these plans may generate additional X comments. Acceptance of these plans during the TART (Technical Advisory Review Team) process does not ensure that additional comments may not be generated by the commission and at permit review. 28. Place a note on the elevation view drawings indicating that the exterior wall 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 per 2004 FBC, Table 704.8 or 2004 FBC, Residential, Section R302.2. 29. 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. 30. 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. BAYWALK NWSP 06-017 CONDITIONS OF APPROVAL PAGE 5 DEPARTMENTS INCLUDE 31. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 32. To properly determine the impact fees that will be assessed for the one-story X poolhouse, provide the following: Will the poolhouse be restricted to the residents of the entire project only? Will the residents have to cross any major roads or thoroughfares to get to the pool/clubhouse/recreation building/lease office? Will there be any additional deliveries to the site? Will there be any additional employees to maintain and provide service to the site? Please have the applicant provide the City with a copy of the letter that will be sent to the impact fee coordinator. To allow for an efficient permit review, the applicant should request that the County send the City a copy of their determination of what impact fees are required for the pooVclubhouse/recreation building!1ease office. 33. 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. 34. A water-use permit from SFWMD is required for an irrigation system that X utilizes water from a well or body of water as its source. A copy of the permit shall be submitted at the time of permit application, F.S. 373.216. 35. If capital facility fees (water and sewer) are paid in advance to the City of X Boynton Beach Utilities Department, the following information shall be provided at the time of building permit application: The full name of the project as it appears on the Development Order and the Commission-approved site plan. If the project is a multi-family project, the building number/s must be provided. The building numbers must be the same as noted on the Commission-approved site plans. The number of dwelling units in each building. The number of bedrooms in each dwelling unit. 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) 36. At time of permit review, submit separate surveys of each lot, parcel, or tract. X For purposes of setting up property and ownership in the City computer, provide a copy of the recorded deed for each lot, parcel, or tract. The recorded deed shall be submitted at time of permit review. 37. At time of building permit application, submit verification that the City of X Boynton Beach Parks and Recreation Impact Fee requirements have been satisfied by a paid fee or conveyance of property. The following information REJECT BA YW ALK NWSP 06-017 CONDITIONS OF APPROVAL PAGE 6 DEPARTMENTS INCLUDE REJECT shall be provided: A legal description of the land. The full name of the project as it appears on the Development Order and the Commission-approved site plan. If the project is a multi-family project, the building number/s must be provided. The building numbers must be the same as noted on the Commission-approved site plans. The number of dwelling units in each building. The total amount being paid. (CBBCO, Chapter I, Article V, Section 3(f)) 38. Add a general note to the site plan that all plans submitted for permitting shall X meet the City's codes and the applicable building codes in effect at the time of permit application. 39. 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 bv the City Commission. 40. 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. 41. If this project is located within the Downtown Stormwater Improvement X Watershed. Therefore, appropriate fees must be paid to the City of Boynton Beach Utilities Department prior to the issuance of a building permit per the CBBCO, Chapter 26, Section 26-406. Proof of payment shall be submitted to the Building Division at the time of permit application submittal. PARKS AND RECREATION Comments: 42. Park Impact Fee: 40 single family, attached units @ $771.00 each = X $ 30,840.00 to be paid prior to issuance of first permit. FORESTERJENVIRONMENT ALIST Comments: NONE X PLANNING AND ZONING Comments: BA YW ALK NWSP 06-017 CONDITIONS OF APPROVAL PAGE 7 , . DEPARTMENTS INCLUDE REJECT 43. The applicant is responsible for compliance with Ordinance 05-060, the "Art X in Public Places" program and must demonstrate their participation. Identify location of public art on site plan, if the intent is to place the art on site (as opposed to payment in lieu of). The fee associated with this program is required at the time of permitting. 44. A unity of title may be required. The Building Division of the Department of X Development will determine its applicability. 45. The survey shows an existing billboard is located on site. Please indicate it's X location on site plan and note it will be removed prior to the issuance of the first building permit. 46. Prior to the issuance of a building or land development permit, the applicant X shall provide a copy of the homeowners' association documents for review and approval. 47. The dimension of the parking stalls, vehicular back-up areas, and dumpster X enclosure location / orientation is subject to the Engineering Division of Public Works' review and approval. 48. Add note to plans that regarding solid waste disposal: garage units will have X curbside garbage pickup in front of each unit, which units will have a group location for roll outs, and dumpsters for the remaining units. 49. To enhance the front building elevations, provide white light fixtures on each X side of garage doors. 50. Provide details on plans which indicate location and type of pavers in streets X and driveways, and type of pool deck material. 51. Revise white pool fence to match brown color of all other aluminum railing X and fencing on site. 52. Revise perimeter wall detail (sheet SP-I) to include columns with caps at X regular intervals. Only the columns and caps may exceed 6 feet in height (not continuous coping). Wall detail indicates "By Others". Please explain. 53. Consider working with your neighbor to the south (Palm Cove) to utilize their X perimeter wall rather than building one immediately adiacent to it. 54. Equipment placed on the walls of the buildings shall be painted to match the X building color (Chapter 9, Section 1O.CA.). Place a note on the elevations indicating this requirement. 55. Staff recommends additional archi tectural treatments (wooden shutters, X BA YW ALK NWSP 06-017 CONDITIONS OF APPROVAL PAGE 8 . . DEPARTMENTS INCLUDE REJECT trellises, windows, etc.) to the side elevations visible from Federal Highway, to alleviate large areas of blank wall. In addition, provide a supplemental drawing that shows the east elevation (along Federal Highway) that depicts the buildings, fences, and plant material at time of plantinl!. 56. Fifty percent (50%) of all site landscape materials must be native species X (Chapter 7.5, Article II, Section 5.P). Please categorize plant material into the following categories: Canopy trees, Palm trees, Shrubs, and Groundcovers. Revise landscape plan to indicate the total quantities within each category and the percentage of native species within each category (minimum of 50% in each category is met). 57. All shrubs and hedges are required to be at minimum 24 inches in height, 24 X inches in spread, and planted with tip-to-tip spacing measured immediately after planting to adequately cover the planted areas on the site (Chapter 7.5, Article II, Section 5.C.4. 58. Revise landscape plan to indicate hedges in perimeter buffers along north and X south property lines as continuous, solid visual screens per code requirements. 59. Lighting shall not be of an intensity that produces glare on adjacent property X (Chapter 9, Section 1O.F.2. 60. The sign structure must be located at least 10 feet from any property line and X surrounded by two colorful varieties of shrubs and two colorful varieties of groundcover. Staff recommends that the sign be externally lit, with ground up-Ii ghting. Revise sign details to comply with the requirements of Chapter 21, Article IV, Section J.D. of the Land Development Re~lations. 61. The landscape plan notes indicate that non-potable water will be used as the X source of irrigation for the project. However, if the non-potable water source proves to be too brackish, and potable water has to be used for irrigation purposes, then the use of drought-tolerant species shall be utilized, and water conserving irrigation techniques be applied such as a drip system. CRA STAFF Comments: NONE X ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: None X ADDITIONAL CITY COMMISSION CONDITIONS BA YW ALK NWSP 06-017 CONDITIONS OF APPROVAL PAGE 9 DEPARTMENTS INCLUDE 1 Comments: To be determined. MWRJkz S:\Planning\SHARED\WP\PROJECTS\Southern Homes of Palm Beach\Baywalk (fka Oceanside)\NWSP 06-017\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Baywalk APPLICANT: Southern Homes of Palm Beach V, LLC APPLICANT'S AGENT: Carlos Ballbe, Carlos J. Ballba, P.A. AGENT'S ADDRESS: 4401 W. Tradewinds Ave, Suite 201, Lauderdale by the Sea, FL 33308 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: October 3, 2006 TYPE OF RELIEF SOUGHT: Request new site plan approval to construct 40 townhouse units on a 2.26-acre parcel in the Infill Planned Unit Development (IPUD) zoning district. LOCATION OF PROPERTY: 3103 North Federal Highway (see Exhibit "A" - Location Map) DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby _ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk SIPlanninglSHAREDlWPIPROJECTSISouthem Homes of the Palm BeacheslBaywalkINWSP 06-017\00 doc Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida September 12,2006 Ms. Horenburger suggested Mr. Kahlert meet with the agent for the site plan. Mr. Norem closed the floor to further public comment. The motion passed 6-0. C. New Site Plan Location: Baywalk (NWSP 06-017) Carlos Ballbe, P .A. Southern Homes of Palm Beach V, LLC West side of Federal Highway, north of Miller Road Request for new site plan approval for 40 townhouse units on a 2.26- acre parcel in an IPUD zoning district. 1. Project: Agent: Owner: Description: Kathleen Zeitler, Planner, presented the staff report. This project had previously received approval for a land use amendment from LRC to SHDR in 2004. It was also rezoned at that time from C-3 to Infill PUD. Site Plan approval was received in 2004 for the Oceanside project. However, that site plan expired and the applicant was presenting a new site plan for a slightly different project. It had previously been approved for 45 townhomes and it now proposed 40 townhomes for a lesser density of 17.7 dujacre. Currently, the property had a modular sales office and a billboard on it. That would all be removed. The site plan showed one entrance from Federal Highway with some drives off to the side, and a road going through the center with a roundabout at the end. The proposed project would have condominium style ownership. The roads would be private. The landscape areas, roads, parking spaces and driveways would all be common area except for the units themselves, which would be owned individually. Twenty-four of the forty units would have one-car garages and the remaining units would have spaces located throughout the development in front of the units. Also included was a recreation area with a community pool and pool house, with its own parking. Perimeter landscape buffers ten feet in width were proposed along the north, south, and west property lines. There would be a six-foot masonry wall along the north, west, and south property lines. There would be a metal fence with individual gates leading out from the Federal Highway frontage. Chair 77//man arrived at 7:25 p.m. The smallest unit, Unit A, would have 1,189 square feet under air. The largest unit was Model D with 1,688 square feet under air. All the buildings would be two stories and range in height from 24 feet to 28 feet, four inches. The open space requirement was 200 sq. ft. per unit and that was met and exceeded with the open space area provided. 8 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida September 12,2006 The project had neo-Mediterranean design with Spanish tile roof and neutral color palette. There would be an arched entry feature. It was similar to the Coastal Bay development. Staff reviewed the project and it met concurrency for traffic and schools. The Fire and Police Departments reviewed it and felt current staffing levels would be sufficient to meet the expected demand for services. It met Code as far as access, circulation, streets, parking, landscaping, buildings, height, and setbacks. The architecture was what staff liked to see. Staff recommended approval with 61 conditions. Most of them pertained to permitting requirements that were Code requirements. Mr. Norem asked Ms. Zeitler if the 61 requirements were mostly "boilerplate," things that would automatically be in there. Ms. Zeitler stated there were some specific conditions such as the removal of the billboard, doing a unity of title, and some related to minor revisions that had to be made for the final construction drawings. Carlos BaUbe', P.A., agent for Southern Homes of Palm Beach IV, LLC, appeared. He offered to answer questions and stated' he was excited about the project. They had scaled down the project to more accurately reflect current market conditions. The original project had three stories and no garages. This project had two stories and about half had garages. They reduced the density also. Mr. Norem opened the floor for public comment and closed it when no one came forward to speak. Ms. Heavilin asked if there were renderings of the elevations as seen on encountering the project going north or southon Federal Highway. Ms. Heavilin noted the elevations were very plain, so it could not be determined whether there was any landscaping or not. She liked Southern Homes' other projects and wanted reassurance the buildings would not appear so plain. Mr. Myott responded condition #55 called for additional architectural treatments/requirements. Mr. Myott asked Ms. Brooks if she approved this and she did. Mr. Myott thought they might want to give consideration in the future to limiting the number of units in a continuous line. Such projects appear monolithic and he believed the 12-unit building was pushing it. It was very long, without any breaks in building style or landscaping. Mr. Sims asked the applicant about the bedroom dimensions. He noted in the backup it said there were two and three bedrooms and Ms. Zeitler had stated they were all three-bedroom, two-bath. Ms. Zeitler agreed she could have spoken in error. Mr. Ballbe' confirmed there was a mixture of 2 and 3 bedroom units in the project. Mr. Ballbe' stated in Unit A, the master bedroom was 14 feet wide by 15 feet. The second bedroom in that unit was 14 feet by 12 feet. That was the smallest unit. The same dimensions were true for Unit B. In Unit C, the bedroom was 18 feet wide by 15 feet. The smaller bedrooms were 11 feet by 12 feet. Rev. Chaney asked Mr. Ballbe' for the selling price of the units. Mr. Ballbe' referred to a colleague to answer this question. 9 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida September 12,2006 Tom Pagnotta, Director of Operations for Southern Homes of Palm Beach V, LLC, indicated they hoped to bring the A model units to the market in the high $200s, and $350K for the rest, subject to final site plan and architectural approvals. Motion Ms. Heavilin moved to approve the request for new site plan approval for Baywalk's 40 town house units on a 2.26-acre parcel in an IPUD zoning district. Ms. Horenburger seconded the motion. Mr. Myott asked to add, "subject to all conditions of approval" and Ms. Heavilin and Ms. Horenburger agreed to the addition. The motion passed 7-0. D. Site Plan Time Extension 1. Project: Agent: Owner: Location: Peninsula (SPTE 06-07) Tom Yianilos Waterbrook Development, LLC 2649 North Federal Highway Request for a six month Site Plan Time Extension for site plan approval granted on July 5, 2005, to extend site plan approval from July 5, 2006 to January 5, 2007. The board agreed to postpone this item to its October meeting at the agent's request. VIII. Pulled Consent Agenda Items .:. Consent Aaenda Item VI-C. Aporoval of the Minutes CRA Board Meeting - August 8, 2006 Ms. Heavilin wished to make a correction on page 17, fourth paragraph down, where it said Ms. Heavilin would continue to meet with the City Commission for information purposes. It should have read that Ms. Bright would continue to meet with the City Commission for informational purposes. Attorney Spillias noted on page 10 of the same minutes, last paragraph, end of second line, it read "while contracts were ongoing" and it should read "while contract negotiations were ongoing." Ms. Horenburger referred to page 8 in the paragraph beginning, "The CRA was interested in learning whether a market analysis..." and stated she had expressed interest. In another instance on page 9, it said the CRA expressed concern about school funding, and she had been the one to express it. She was interested in the lack of attribution and the generalizing of these statements and asked Attorney Spillias his opinion of what should be done. Mr. Spillias responded that in some cases, the Recording Secretary might not have caught who asked the question and it could also be that after an item was discussed, there appeared to be consensus among the board. Mr. Spillias indicated the minutes should reflect as accurately as possible 10 Pf."". " \{( ~> VIII.-PUBLIC HEARING ITEM C. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORh-. 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 August I, 2006 July 17,2006 (Noon.) r?SI October 3, 2006 September 18,2006 (Noon) 0 August 15, 2006 July 31, 2006 (Noon) 0 October 17, 2006 October 2, 2006 (Noon) 0 September 6, 2006 August 14,2006 (Noon) 0 November 8, 2006 October 16, 2006 (Noon) 0 September 19,2006 September 5, 2006 (Noon) 0 November 21, 2006 November 6, 2006 (Noon) ,-.... c ; ',' ) <-~ --I =..:. ,- , --. .-.., NATURE OF AGENDA ITEM o AnnouncementslPresentations o o o r?SI _') 'cr, Administrative o City Manager's Report o New Business r?SI o o <./) rl '''0 ".- .--, - -__ ,~__- Consent Agenda Legal UnfInished Business -.........,.1 .-----:...-... .-....--- w . , -;::~ f)O ~'.'-. --",," ---'.....- C5 :~ CD ~p, ~,_J ,':J)> rT1 (J RECOMMENDATION: Please place this request on the October 3, 2006 City Commission Agenda under .Public :;;: Hearing and Legal, Ordinance - First Reading. The Conununity Redevelopment Agency Board, on September 12, 2006, reconunended that the subject request be approved. For further details pertaining to the request, see attached Department Memorandum No. 06-141. Code Compliance & Legal Settlements Public Hearing EXPLANATION: PROJECT: AGENT: OWNERS: LOCATION: DESCRIPTION: Boynton Bagels (ANEX 06-007) Bradley Miller, Miller Land Planning Consultants Peters 3377 N. Federal Highway LLC 3377 North Federal Highway (eastside of Federal Highway, south of Turner Road) Request to annex subject property. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: N/A N/A N/A & Cfl1[/ LcJ Assistant to City Manager Plonning ""'~rinect'" c;ty Attorney I Finance S:\Planning\SHARED\WP\PROJECTS\Boynton Bagds\ANEX\Agenda Item Request Boynton Bagels ANEX 06-007 1O-3"{)6.dot S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 ORDINANCE NO. 06- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, ANNEXING 0.08+/- ACRES OF 5 LAND THAT IS CONTIGUOUS TO THE CITY 6 LIMITS WITHIN PALM BEACH COUNTY AND 7 THAT WILL, UPON ANNEXATION, CONSTITUTE 8 A REASONABL Y COMPACT ADDITION TO THE 9 CITY BOUNDARIES; PROVIDING THAT THE 10 PROPER LAND USE DESIGNATION AND 11 PROPER ZONING OF THE PROPERTY SHALL BE 12 REFLECTED IN SEPARATE ORDINANCES TO BE 13 PASSED SIMULTANEOUSLY HEREWITH; 14 PROVIDING FOR CONFLICTS, SEVERABILITY, 15 AND AN EFFECTIVE DATE; PROVIDING THAT 16 THIS ORDINANCE SHALL BE FILED WITH THE 17 CLERK OF THE CIRCUIT COURT OF PALM 18 BEACH COUNTY, FLORIDA, UPON ADOPTION. 19 20 WHEREAS, the Comprehensive Plan for the City of Boynton Beach requires the 21 development of an Annexation Program; and 22 WHEREAS, the Peters 3377 N. Federal Highway, LLC, owner, by and through its 23 agent, Bradley Miller of Miller Land Planning Consultants, Inc., of the property more 24 particularly described hereinafter, have heretofore filed a Petition, pursuant to Section 9 of 25 Appendix A-Zoning, of the Code of Ordinances, City of Boynton Beach, Florida, for the 26 purpose of annexing a certain tract of land consisting of approximately 0.08 +/- acres; and 27 WHEREAS, the City of Boynton Beach hereby exercises its option to annex the 28 following tract of land as hereinafter described, in accordance with Article I, Section 7 (32) 29 of the Charter of the City and Section 171.044, and 171.062(2), Florida Statutes; and 3 0 WHEREAS, said tract of land lying and being within Palm Beach County is 31 contiguous to the existing city limits of the City of Boynton Beach, and will, upon its 32 annexation, constitute a reasonably compact addition to the City boundary. S:\CA \Ordinances\Planning\Annexations\Annexation - Boynton Bagels,doc 1 24 1 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION 2 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 3 Section 1. That each and every Whereas clause is true and correct. 4 Section 2. Pursuant to Article I, Section 7 (32) of the Charter of the City of 5 Boynton Beach, Florida and Section 171.044, Florida Statutes the following described 6 unincorporated and contiguous tract of land situated and lying and being in the County of 7 Palm Beach, Florida, to wit: 8 LOT 8, LESS THE WESTERLY 17 FEET FOR ROAD RIGHT-OF-WAY, 9 KINGS SUBDIVISION ACCORDING TO THE PLAT THEREOF, AS 10 RECORDED IN PLAT BOOK 20, PAGE 47, OF THE PUBLIC RECORDS OF 11 PALM BEACH COUNTY, FLORIDA. 12 13 CONTAINING 3,342 SQUARE FEET OR 0.08 ACRES MORE OR LESS 14 15 Subject to easements, restrictions, reservations, covenants and rights-of- 16 way of record. 17 18 is hereby annexed to the City of Boynton Beach, Florida, and such land so annexed shall be 19 and become part of the City with the same force and effect as though the same had been 20 originally incorporated in the territorial boundaries thereof. 21 Section3 : That Section 6 and 6(a) of the Charter of the City of Boynton Beach, 22 Florida, is hereby amended to reflect the annexation of said tract of land more particularly 23 described in Section 2 of this Ordinance. Section 4: That by Ordinances adopted simultaneously herewith, the proper City 25 zoning designation and Land Use category is being determined as contemplated in Section 26 171.162(2), Florida Statutes. 27 Section 5. All ordinances or parts of ordinances in conflict herewith are hereby 28 repealed. S:ICAIOrdinancesIPlanninglAnnexationslAnnexation - Boynton Bagels.doc 2 10 11 1 Section 6: Should any section or provision of this Ordinance or any portion thereof 2 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect 3 the remainder oftrus Ordinance. 4 Section 7: This Ordinance shall not be passed until the same has been advertised 5 for two (2) consecutive weeks in a newspaper of general circulation in the City of Boynton 6 Beach, Florida, as required by the City Charter and Section 171.044, Florida Statutes. 7 Section 8. This ordinance shall become effective immediately upon passage. 8 Section 9. This ordinance, after adoption, shall be filed with the Clerk of the 9 Circuit Court of Palm Beach County, Florida. FIRST READING this _ day of ,2006. SECOND, FINAL READING and PASSAGE this _ day of ,2006. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 CITY OF BOYNTON BEACH, FLORIDA Mayor - Jerry Taylor Vice Mayor - Carl McKoy Commissioner - Robert EnsIer Commissioner - Mack McCray ATTEST: Commissioner - Muir C. Ferguson City Clerk (Corporate Seal) S:\CA \Ordinances\Planning\Annexations\Annexation - Boynton Bagels,doc 3 TO: FROM: THROUGH: DATE: PROJECT NAME/NUMBER: REQUEST: Property Owner: Applicant! Agent: Location: Parcel Size: Existing Land Use: Existing Zoning: Proposed Land Use: Proposed Zoning: Proposed Use: DEVELOPMENT DEPARTMENT PLANNING It ZONING DMSION MEMORANDUM NO. PZ 06-141 Chair and Members Community Redevelopment Agency Board and City Commission Kathleen Zeitler It.z. Planner Mr Michael W. Rumpf . Director of Planning and Zoning September 5, 2006 Boynton Bagels /(ANEX 06-007) (LUAR 06-020) To annex a 3,342 square foot (O.OB-acre) parcel, to reclassify its land use to Local Retail Commercial (LRC), and rezone to Community Commercial (C-3). PROJECT DESCRIPTION Peters 3377 N. Federal Highway, LLC Doug Peters / Bradley Miller, Miller Land Planning Consultants Inc. 3377 North Federal Highway, south of Turner Road on the east side of Federal Highway, (see Exhibit "A" - Location Map) 3,342 square feet (O.OB acre) CH/5 Commercial High/with underlying Medium Density Residential of 5 du/ac (Palm Beach County) CG General Commercial (Palm Beach County) Local Retail Commercial (LRC) Community Commercial (C-3) Parking lot currently accessory to an adjacent parcel in the City formerly occupied by All Rags bike sales/repairs. Proposed use is Boynton Bagels takeout restaurant. Subject property to remain as parking lot. A site plan application has been filed and is currently under review. Page 2 Boynton Bagels ANEX 06-007 and LUAR 06-020 Adjacent Uses: North: South: Developed commercial property with a Local Retail Commercial (LRC) land use classification, zoned Community Commercial (C-3) (formerly All Flags bike sales/repair, proposed is Boynton Bagels takeout restaurant); Developed commercial property classified as Palm Beach County Commercial High Intensity (CH/S) land use and zoned Palm Beach County General Commercial (CG); East: Developed single-family residential subdivision (Tradewinds) classified as Palm Beach County Medium Density Residential (MR- S) land use and zoned Palm Beach County Single-Family Residential (RS) West: Right-of-way for Federal Highway, then farther west is property designated Special High Density Residential (SHDR) and zoned Planned Unit Development (PUD), approved for 109 townhomes (forthcoming Gulfstream Gardens II project); and to the northwest, developed commercial property classified as Palm Beach County Commercial High Intensity (CH/S) land use and zoned Palm Beach County General Commercial (CG); EXECUTIVE SUMMARY Staff recommends approval of the requested annexation / land use amendment / rezoning for the following reasons: 1. The requested annexation is consistent with the objectives of the City's annexation program, which emphasizes the annexation of enclaves, and relevant policies in the Comprehensive Plan; 2. The requested land use and zoning are consistent with respective current designations in unincorporated Palm Beach County; 3. The request will not create additional impacts on infrastructure that cannot be accommodated by the City at present; and, 4. The requested change would help to further provide an economic contribution to both the neighborhood and to the City. PROPERTY OWNER NOTIFICATION Owners of properties within 400 feet of the subject annexation / land use amendment / rezoning 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. Page 3 Boynton Bagels ANEX 06-007 and LUAR 06-020 PROJECT ANALYSIS The parcel which is the subject of this request for annexation, land use amendment, and rezoning totals 3,342 square feet or 0.08 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 Aorida Department of Community Affairs, and is not reviewed for compliance with the state, regional and local comprehensive plans prior to adoption. The proposed land use amendment I rezoning application is being reviewed concurrently with an accompanying request for annexation (ANEX 06-007). The subject property's current land use classification is Commercial High with underlying Medium Density Residential of five (S) dwelling units per acre (Palm Beach County CHIS). The applicant is requesting to annex into the City to utilize the Local Retail Commercial (LRC) land use classification and the Community Commercial (C-3) zoning district. The proposed land use classification (LRC) is the city's equivalent to the County's CHIS land use classification, in terms of the allowable uses and respective intensities. Therefore, the requested land use amendment I rezoning application would be consistent with Chapter 2, Section 9.C.2(2) of the Land Development Regulations. Since this is the case, the request is relatively straightforward and would not require an evaluation of the eight (8) criteria against which rezoning applications are normally reviewed, as outlined in Chapter 2, Section 9.C.7 of the Land Development Regulations. Instead, staff analysis will relate to consistency with other relevant portions of the Comprehensive Plan, the city's annexation program, and service capability. The only policy in the Comprehensive Plan that would be pertinent to this request for annexation I land use amendment I rezoning would be Policy 8.10.4, which states the following: 8.10.4: The Oty shall coordinate with Palm Beach County regarding the prevention of enclaves, pockets, or other undesirable land configurations adjacent to, or in the proximity to, corporate limits, prior to annexation of any parcels into the City. Basically, this Policy requires the establishment of an annexation program, promotes orderly annexation, and prohibits the creation of new enclaves. The annexation of the subject property will further the efforts of the annexation program through reduction in the number of enclave properties. State annexation law allows the annexation of enclaves that are less than 10 acres through an inter-local agreement with the County without the consent of the property owners. Currently, objectives of the annexation program include annexing all enclaves less than 10 acres, and to incrementally annex enclave properties with the intent to reducing them below the 10-acre threshold. Therefore, the annexation of this parcel is consistent with the only policy within the Comprehensive Plan regarding annexation. Existing land uses along the U.S. 1 frontage are predominately retail; therefore a local Retail Commercial (LRC) land use designation and Community Commercial (C-3) zoning category are appropriate, both for lots which are presently in the Oty, and for those which will be annexed. The subject property lies within Planning Area V of the Federal Highway Corridor Community Redevelopment Plan. Area V contains a mix of land uses, including commercial uses on small Page 4 Boynton Bagels ANEX 06-007 and LUAR 06-020 parcels. Although residential uses are encouraged along Federal Highway through redevelopment, the subject property is insufficient in size to support a residential project. In connection with previous annexation studies, city departments most affected by annexations (e.g. Police, Fire, and Public Works), have been surveyed for issues related to service capability and costs. All opinions previously collected from these departments supported the incremental annexation of enclaves, These opinions have been based on the following: 1. The enclaves are all immediately adjacent to areas within the city that currently receive urban services; 2. Ample service capacity exists to serve adjacent unincorporated properties; and 3. Most enclaves currently receive service from the city via the mutual aid agreement (Police and Fire / EMS only); With respect to impact upon roadways, the Palm Beach County Traffic Division has reviewed the project and determined that it meets Traffic Performance Standards of Palm Beach County. The Police and Fire Departments report that this project has been reviewed for potential service impacts and availability, and based on the proposed use, a takeout restaurant, it has been determined that services allocated to, or existing within the area are adequate to provide the project with a necessary level of service. CONCLUSIONS/RECOMMENDATIONS As indicated herein, this request is consistent with the intent of the Comprehensive Plan; would not create additional impacts on infrastructure that have not been anticipated in the Comprehensive Plan; would be compatible with adjacent land uses and would contribute to the overall economic development of the City. Therefore, staff recommends that the subject request be approved. If conditions of approval are recommended by the Community Redevelopment Agency Board or required by the City Commission, they will be included as Exhibit "c" - Conditions of Approval. ATTACHMENTS S:\Planning\SHARED\WP\PROJECTS\Boynton Bagels\LUAR 06-020\Staff Report.doc I , I 0642 0641 / I I / I /.....--.,..-..-........-........---.... ......-..'......-.-.', I / I I ~ 0620 ~' I ~7;0:1 ~;;r;''-II ------------17 - 0160 ! 0,., om --r.~~7 / 1 -i I --_.._~=-_._._._------I , i i -_._._----_._-_.~._...o.-'11 . 0670 I I "'~--1 / I-~-----I f .. 0660 0320 i I 0340 / i I . L 0360 - --- .-. .- ..-. .. ...----.--T-..... ----.- l I r---"'-'-==' J J t-J /ooEII . I I / f - _':~J I 007. -; . 0040 IJ I I.I .... _._ J I I f f ! i j ! r i __oj I ./ ---l- I I I 520 7.....r I 0060 ~ .,,~- " , i '. f ! f i ! i i f i i i ! i ~ o o EXHIBIT "A" - BOYNTON BAGELS LOCATION MAP 'U.>.~ ~~~ ~ ~ ~ ili~~~~~ ~ ~;:p~ i5 !': ~...~~~~ ~;I! :;":>lr> !'>~~~~f><">~"":>l ~ ! Ir- . !'l~;b?< r>!t ?<'" Y>,... ~!'ly>.!tf'j!t~ ~!'lt;l(..",!t ;<'18 ~ ~ . ~ ~ - ~ T ~ ~ ~ e~~~~i~!!~~~~~n~U~~i~~~~ni~~~~ ~~~~~~ ~ ~ ~ ~ ~~2~~~~~~~~h 2~~~~~~m ~~i~~~"o~h~:~~~~~~~~~ ~~Rh Il: :1.;8 r;; ~ iqih, '" ~~"l ~"'i~f~2~t: i!lgo- "~~ I=>:=>: ~~ :oJ =>: t'i \( S1'Q''''2il\ ~~~ ~~:;J ~ ~ 2 2,., h' "' '" '" "'~ ;!l8~ "'mr ~~~ 2 ~ ~" I ! AI ~ ~ 2 ~~~ ~ ~ r-- . I Y C) ..o"'~ /, I ~..~ h ~ ~ I " 7 ~ I~ .. h II '-f Ia; 1/ ./...... I~ I" 'y I -A: h ,<:::> h ~. 0 I~. 3:CJ /, t---.>j~\ off () ): 0\ 0 I.e;; . l/It " / Q~ l;; I J5.0 "'"UO I~ coo ~H c P'5~r.; oo~ 0=* ~!!~~ 0'< ~ll: 0 "'z 0~2m ern 3 ~~~~ " ;rl ~ !'l ;!!~ /1 ;:) r- ~ ~'" (I g 0 o r ~I '" ~i h~ '" mH~ 011 '0 4' C.B.S. '-'I 'f~~ \1 ~@~ ~~~ ~~~ 'Yl ill .. ~,... g,"~ ",;:I> ~g~ "'" ~0 X ~~" ~ ~ <0 <0 011 C> ~ ; ~ ~ "'., ~. l:l t ~ ~. ~ ! -l ~/j I r- ~~ 0 ~ ~ ....., ~ OJ X "" '" <D '" ~O z en ii!! ;r. 52 Ii) <:en~ ~ i:'iZ::f l!!" (") 0 !;2l:!l~ z ~r;; ~(") Rl O~ z z 0 ;,.~~ !S ~;o ~~ ~ ~ ~ ~ [!J ~ '" ~ .~ I '\ ; ~ ~ ~ g hi iU=1 !il ~"l~ ~ ~ ~ I I ~ WEST~~~ . AS S www.compasssurveymg.nel SURVEYING LB.7463 PHONE: 561.640.4277 FAX: 561.640.4261 ~ -z i -~ I i I i j:, ~ f. ~. '. ~ (g , i~."~!~ Vj" . J" ~ 111 . ~ 0J "'-f " ~ ! '. h'! klf) , .~ ~ Jj ~ ~ V) Q r- r" II "-> C) gU~!l: ~ Iil)i~!" ~ a:l:i<r ~ ~g~~! ';:J ~;z;;,zrt '" i~!l r ~ ~ I~~ ~ ~ 1" rt~:: ~ - "U m :r ~ gl ~ l$ ;~a ~ 8 ~ ~ ~ !~ ~ o g,- b ~ Hi J ~ 2> 5"ti en 3377 NORTH FEDERAL HW . REVISION" - N.IEIIlElllEGlll E=-..... J fI I>> .. ~ ~ ~ ~ __FOIl PETERS 3377 N. FEDERAL HIGHWAY, LLC Project name: Boynton Bagels File number: ANEX 06-007, LUAR 06-020 EXHIBIT "C" Conditions of Approval DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: NONE X PUBLIC WORKS - Traffic Comments: NONE X ENGINEERING DIVISION Comments: NONE X UTILITIES Comments: NONE X FIRE Comments: NONE X POLICE Comments: NONE X BUILDING DIVISION Comments: NONE X PARKS AND RECREATION Comments: NONE X FORESTERlENVIRONMENT ALIST Comments: NONE X PLANNING AND ZONING Comments: NONE X ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: NONE X ANEX 06-007, LUAR 06-020 CONDITIONS OF APPROVAL PAGE 2 I H DEPARTMENTS INCLUDE REJECT ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\ WP\PROJECTS\Boynton Bagels\LUAR\COAdoc Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida September 12, 2006 VI. Consent Agenda A. Approval of the Minutes Savage Creatures Workshop - June 22, 2006 B, Approval of the Minutes MLK Corridor RFP Meeting - June 22, 2006 C. Approval of the Minutes CRA Board Meeting - August 8, 2006 D, Approval of the Minutes CRA Budget Meeting - August 24, 2006 E. Approval of the Monthly Financial Results - September 30, 2006 F. Approval of FY 06/07 Budget Amendment G. Approval of Events - 4th Quarter Schedule Ms. Heavilin pulled item VI-Co Mr. Myott pulled item VI-G, Motion Ms. Horenburger moved to approve the Consent Agenda as amended. Mr. Myott seconded the motion that passed 6-0. VII. Public Hearing Attorney Spillias explained the quasi-judicial hearing procedure and swore in all who planned to appear as witnesses during this meeting. Attorney Spillias then asked the Board members to disclose any ex-parte communications they might have had with anyone other than staff regarding any of the matters on the Public Hearing agenda. Ms. Horenburger had spoken with Herb Kahlert, a resident, and his son, Hans Kahlert, on the Boynton Bagels project, VII-A & B. Mr. Norem had spoken with Hans Kahlert on the same items. Old Business: None New Business: A. Annexation 1. Project: Agent: Boynton Bagels (ANEX 06-007) Bradley Miller, Miller land Planning Consultants Peters 3377 N. Federal Highway lLC 3377 North Federal Highway (east side of Federal Highway, south of Turner Road) Request to annex subject property Owner: Location: Description: B. Land Use Plan Amendment/Rezoning 2. Project: Agent: Boynton Bagels (LUAR 06-020) Bradley Miller, Miller land Planning Consultants Peters 3377 N. Federal Highway LLC Owner: 2 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida September 12,2006 _._,..~-~----_.--_._-_.---~-_.- ---- --"'.- Description: 3377 North Federal Highway (east side of Federal Highway, south of Turner Road) Request to amend the Comprehensive Plan Future Land Use Map from Commercial High with underlying Medium Density Residential of S dulac (CHIS) (Palm Beach County) to Local Retail Commercial (LRC); Location: and Request to rezone from General Commercial (CG) (Palm Beach County) to Community Commercial (C-3). Kathleen Zeitler, Planner, presented for staff, stating her intent to present the Annexation and Land Use Plan Amendment and Rezoning concurrently. The property is small with only 3,342 square feet. The site is a parking lot currently accessory to an adjacent parcel in the City formerly occupied by All Flags bike sales and repairs. The proposed use for this project is a Boynton Bagels takeout restaurant, The subject property would remain as a parking lot. A site plan application had been filed and was currently under review by staff. Ms. Zeitler displayed a depiction of the subject property, a parking lot. The remaining property for the proposed restaurant was already in the City. Staff reviewed the annexation and land use amendment and rezoning and found them to be consistent with the objectives of the City and with the current designations in the unincorporated area of the County. Staff found the project would not create additional impacts on infrastructure that could not be accommodated by the City, and the requested change would help further provide economic contribution as well as make a non-conforming situation less non-conforming. Staff recommended approval of the annexation, land use and rezoning of this parcel. Bradley Miller, Miller Land Planning Consultants, agent for the applicant, Doug Peters, declared the parcel where the building now existed was already in the City and the parking lot was not, so in order for the redevelopment to occur, the parcel had to be brought into the City. The land use being proposed was the LRC land use that was consistent with what the County land use of CH. The proposed zoning, C3, was consistent with the CG zoning presently in place under the County designation. Mr. Myott asked if the site plan that was in process included another parcel, and Mr. Miller responded it did. The parcel seemed very small to Mr. Myott and he asked if, when added to the other parcel, the site would meet the criteria for a lot area in a commercial C-3 zoned site. 3 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida September 12, 2006 Mr, Miller noted a different agent was processing the site plan, but he thought there might be some legal nonconformities involved with the building situation. Ms. Zeitler responded the required minimum square footage would be 15,000 square feet and she did not think the proposed site plan would meet it. If a variance were to be required, it would come before the board along with the site plan. Mr. Myott inquired whether there was other land to the south that could be attached to it to make it conforming, either in the City or the County. Ms. Zeitler explained the existing building was on Lot 9 and a portion of Lot 10 and was in the City already. Lot 8 (the parking lot) was the property to be annexed. It appeared to Ms. Horenburger that the property had been annexed into the City without the parking lot, and Ms, Zeitler agreed. Ms. Horenburger believed the annexation, site plan, land use amendment and rezoning should have come to the board at one time, they way they usually did. Ms. Zeitler responded this was because the site plan was under the control of a different agent and Mr. Miller's request was completed first. Ms. Zeitler displayed a copy of a site plan that was under review. It included the building and a proposed canopy extending from the front of the building where there would be outdoor seating on a limited basis. The seating was limited due to the small amount of parking. Ms. Horenburger inquired how far the canopy would be from the adjacent residential uses. Ms. Zeitler responded the site plan did not show the dimensions to answer Ms. Horenburger's question, but from looking at it, she would say the canopy was approximately twenty feet from the residential. Mr. Norem agreed with Ms. Horenburger's desire to hear the projects in their entirety, but he felt there was no reason to deny annexation into the City in the absence of a site plan, because the site plan still had to be presented for approval. If they were annexed and failed on the site plan or a variance, it was still in the City as a source of tax revenues. Ms, Heavilin did not see any reason to hold off on the annexation of the subject property. Mr. Myott felt the annexation made the likelihood of a site plan working more likely since the lots would be joined to each other. It also cleaned up the County pockets, a Comprehensive Plan goal. Mr. Norem remarked this was what the City had wanted to happen in this area for years. Ms. Horenburger asked Mr. Spillias if the board would be granting anything by annexing the property in relation to the business that wanted to establish itself on this property. Mr. Spillias responded the board was being asked to do two things: 1) annexation, and 2) a land use and zoning change that would make it consistent with the City's zoning regulations. Beyond that, the present use could continue if they chose to continue under the present use and if they chose to come through with a new site plan, consideration would be given at that time. The board's annexation decision should be based only on annexation principles. The land use and zoning decision should be made only on zoning. The site plan was no consideration at all for the board's decision. Ms. Zeitler remarked the only thing that was triggering a new site plan in this case was a change of use. If it remained retail and a new business went in as a retail use, it would not have a change of use and would not require a site plan to be approved. 4 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida September 12, 2006 Rev. Chaney confirmed with Attorney Spillias the action of the board would be to recommend annexation to the City Commission. Vice Chair Norem opened the floor for public comment, reminding the speakers of the three- minute limitation on speaking. Tamara Lane, 3216 Palm Drive, Boynton Beach, resident of the Tradewinds subdivision adjoining the subject property spoke against the annexation. Her property was behind what was being called the "parking lot." She clarified that it had never been a parking lot until Hurricane Wilma. The property owner took that opportunity to take down a huge banyan tree on that property, wiping out a whole eco system and paving the area quickly. Since it was in the County, there had been no permits. She showed the board some pictures to illustrate her point and those pictures were made a part of the record. The parking lot pavement abuts her property and her neighbor's property. Their fence line was about three feet away from the paved area. There was no drainage. The parking lot was done in a shoddy manner. The annexation was up to the City, but they needed to have engineers take a close look at it. There was no easement. Right out front was where the children waited for the bus. It was a busy corner. After 9-11, no one came in that lot because the owner had it chained up and the fence was there. It had always been chain linked and closed. It had never been a parking lot. The City had been give false information and would be approving something on false information. She questioned the integrity of the developer because of this. In the aerial photographs Ms. Lane provided to the board, it could be seen that prior to Hurricane Wilma, there was no paved parking lot at this location. Mr. Norem responded Ms. Lane would have to inquire about the permit situation with the County Zoning Department, since it was currently in their jurisdiction. The board was considering the annexation of the land itself and a site plan would still have to come forward for approval. What was there now may not necessarily be allowed to remain. If they wanted that to be a parking lot in conjunction with what they had on the other property, they would have to meet all kinds of landscaping, setback, and other requirements. Patricia Kahlert, another Tradewinds resident, spoke in opposition to the annexation and proposed bagel restaurant. She provided the board with a box of donuts and a bag of bagels from the Dunkin Donuts shop across the street from the subject property. She felt having a bagel shop across the street from Dunkin Donuts would be redundant. Dunkin Donuts was open from 5:30 a.m. to 9:00 p.m. and they did not have enough business to stay open past 9:00 p.m. She felt a bagel restaurant would not thrive at the proposed location and would be quickly replaced with another business. She was also concerned about the devaluation of the residential properties abutting the subject property if this site had a takeout restaurant on it. Ms. Kahlert owned three 50-foot lots adjacent to the subject property. She referred to an appraiser from Callaway and Price who was appraising her property. He advised it would make a big difference if the adjacent property were "retail or takeout." Ms. Kahlert was a neighbor of Ms. Lane to the south and she echoed everything she had said. She referred to a small business on Federal Highway called Ralph and Rosie's that stayed open late. She knew the City had good intentions, but wondered how the City could have ever allowed a business like the bar/nightclub across street from subject property to be placed in a mall, which she had watched die since that had taken place. 5 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida September 12,2006 Mr. Miller confirmed for Mr. Myott that the ownership was the same for both sites. Mr. Miller noted that by annexing the property, the City would have more control over what happened on it and it would be subject to the City's Code of Ordinance requirements. The City had no control over it at present. Mr. Sims agreed it would be better to have this property under the control of the City. He appreciated and understood the remarks of the two residents who spoke. The parking lot situation did make him wonder and he thought that should be investigated. Ms. Heavilin also appreciated the feelings of the residents who spoke. She asked staff what would be allowed under C-3 that would not be allowed presently. Ms, Zeitler responded if it were to remain in the County, it could be residential or it could be high commercial, which would allow more intensive uses to locate there. The general commercial zoning on the property now was consistent with the City's local retail commercial zoning district. Conditional uses were also possibilities. Mr. Miller added that under the County zoning, a cocktail lounge would be a permitted use but it would not under the proposed zoning change. Ms. Zeitler noted it was the applicant's intention to bring the property up to Code as much as possible. There would be a six-foot buffer wall and landscaping on the east property line to buffer the adjacent residential and bring it up to as many of the Code provisions as possible. Mr. Norem asked how many stories would be entailed with the project and Ms. Zeitler responded the C-3 district allowed for heights of 45 feet. Mr. Miller declared the building would remain as a one-story building. Ms. Zeitler noted they were working with the agent who was bringing the site plan forward to make some architectural improvements to the building, including painting and sprucing up in general. Ms. Horenburger inquired whether another zoning category might actually fit the proposed use. Ms. Zeitler responded C-3 most closely fit the zoning the property now had in the County, C-2 was neighborhood commercial but that was not typically found on Federal Highway, and C-3, community commercial, was more common, It could not go in C-1 since that was an office district. Ms, Horenburger asked if restaurants and outdoor dining would be allowed in C-3 or if they were conditional uses. Ms. Zeitler was not certain. Ms. Horenburger felt there were some unanswered questions and she wanted to see it come back to the board when the questions were answered. Mr. Miller stated that in the C-2 zoning district, restaurants were permitted uses and the minimum square footage was 5K square feet. Ms. Horenburger inquired whether a restaurant would be a conditional use in C-3. Mr. Miller stated the Code talked about sidewalk cafes within the CRA area as an accessory use. Ms, Zeitler said a restaurant would be a conditional use in a C-3 district, Mr. Myott remarked C-2 was frequently adjacent to residential uses. Ms. Horenburger asked why it would be problematic for the applicant to go to C-2. The proposed use might be more suited to C-2, Ms. Zeitler responded the adjacent parcel was already zoned C-3, so it made sense to have the same zoning; otherwise, they would have to bring in the other parcel and rezone it as well. If it were to function as one site, it had to be zoned the same. Ms. 6 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida September 12,2006 Horenburger did not understand why the board was not being asked to rezone this to C-2, since it did not fit in the C-3 zoning category. It would require a variance. Mike Rumpf, Planning & Zoning Director, stated although there had been quite a lot of transition along this portion of the corridor to residential, the predominant land use had been retail/commercial, and C-3 specifically. Even though it did not seem to fit that parcel, there were a lot of parcels in the area that were smaller and perhaps non-conforming. As far as use and the predominant zoning district in the area, it was more C-3. It was correct that it was seen more often in neighborhood areas, and not on the major corridors. There was not a perfect fit. Motion Mr. Myott moved to approve the request to annex the subject property. Ms. Heavilin seconded the motion that passed 5-1, Ms. Horenburger dissenting. Motion Mr. Myott moved to approve the request to rezone subject property from General Commercial (CG) (Palm Beach County) to Community Commercial (C-3) in the City of Boynton Beach. Mr. Sims seconded the motion. Mr, Spillias noted it would also include the land Use Map. Mr. Myott changed his motion to approve the request to amend the Comprehensive Plan Future land Use Map from Commercial High with underlying Medium Density Residential of 5 du/ac (CH/5) (Palm Beach County to local Retail Commercial (lRC) and to approve the request to rezone the subject property from General Commercial (CG) (Palm Beach County) to Community Commercial (C-3) in the City of Boynton Beach. Mr. Sims agreed to the addition to the motion. Pat Kahlert asked to speak again. Mr. Norem advised her the public hearing portion of this item had been closed. When asked again to allow comment, Mr. Norem deferred to the Board Attorney. Mr. Spillias indicated it was up to the board whether they wished to reopen the public hearing. At the beginning of the discussion, he believed it was mentioned the item was being handled jointly. With a request from Ms. Heavilin not to allow comments that had already been covered, and with the board's consensus, Mr. Norem reopened the public comment portion of this item. Craig Ritchie, 3910 Palm Drive, Boynton Beach, resided right behind the proposed project and was concerned about the noise from food prepping in the early morning hours, emptying of the dumpster, and the possibility of rats near the residences from the dumpster. The proposed project would only be about ten feet from the property line of the residences. Hans Kahlert, 3210 Palm Drive, Boynton Beach, was concerned about lighting levels and hours of operation. Although he did not want to undermine his neighbors, the redevelopment of the area was important and there could be far worse uses for the property such as a bar. If it were approved, he hoped the board would require limited hours of operation from 7:00 a.m. through 3:00 p.m. A six-foot wall might not be high enough to buffer the residences from the site lighting. Also, there was not much room for landscaping. The awning extending from the southern portion of the building would be extremely close to their property line. He owned a 7 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida September 12,2006 restaurant at one time and hoped the board would be sensitive to such matters when considering the project. He also hoped they would consider some architectural upgrades to the building. Ms. Horenburger suggested Mr. Kahlert meet with the agent for the site plan. Mr. Norem closed the floor to further public comment. The motion passed 6-0. C. New Site Plan Description: Baywalk (NWSP 06-017) Carlos Ballbe, P .A. Southern Homes of Palm Beach V, LLC West side of Federal Highway, north of Miller Road Request for new site plan approval for 40 townhouse units on a 2.26- acre parcel in an IPUD zoning district. 1. Project: Agent: Owner: Location: Kathleen Zeitler, Planner, presented the staff report. This project had previously received approval for a land use amendment from LRC to SHDR in 2004. It was also rezoned at that time from C-3 to Infill PUD. Site Plan approval was received in 2004 for the Oceanside project. However, that site plan expired and the applicant was presenting a new site plan for a slightly different project. It had previously been approved for 45 town homes and it now proposed 40 town homes for a lesser density of 17.7 du/acre. Currently, the property had a modular sales office and a billboard on it. That would all be removed. The site plan showed one entrance from Federal Highway with some drives off to the side, and a road going through the center with a roundabout at the end. The proposed project would have condominium style ownership. The roads would be private. The landscape areas, roads, parking spaces and driveways would all be common area except for the units themselves, which would be owned individually. Twenty-four of the forty units would have one-car garages and the remaining units would have spaces located throughout the development in front of the units. Also included was a recreation area with a community pool and pool house, with its own parking. Perimeter landscape buffers ten feet in width were proposed along the north, south, and west property lines. There would be a six-foot masonry wall along the north, west, and south property lines. There would be a metal fence with individual gates leading out from the Federal Highway frontage. Chair TIllman arrived at 7:25 p.m. The smallest unit, Unit A, would have 1,189 square feet under air. The largest unit was Model D with 1,688 square feet under air. All the buildings would be two stories and range in height 8 VIII.-PUBLIC HEARING CITY OF BOYNTON BEACH ITEM D. AGENDA ITEM REQUEST FORL_ Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office D August 1, 2006 July 17,2006 (Noon.) ~ October 3, 2006 September 18,2006 (Noon) D August 15,2006 July 31, 2006 (Noon) D October 17, 2006 October 2, 2006 (Noon) D September 6, 2006 August 14,2006 (Noon) D November 8, 2006 October 16, 2006 (Noon) D September 19,2006 September 5, 2006 (Noon) D November 21 , 2006 November 6, 2006 (Noon) Consent Agenda Legal UnfInished Business ~-) ,--)-{ ~::::;-< -<0 .":J "TJ NATURE OF AGENDA ITEM D AnnouncementslPresentations D D D ~ Administrative D City Manager's Report" --- -\ D New Business ~ D D U? rT( ~_..tJ , . r" :.__~-~ o ---' "".=.- a ~CD ~ -,----:-J RECOMMENDATION: Please place this request on the October 3,2006 City COlmnission Agenda un<1M PuMa> Hearing and Legal, Ordinance - First Reading. The Community Redevelopment Agency Board, on September 12,2006, ~ recommended that the subject request be approved. For further details pertaining to the request, see attached Department Memorandum No. 06-141. Code Compliance & Legal Settlements Public Hearing t:"'J '-:"":c.; :J_-'" ~ EXPLANATION: PROJECT: AGENT: OWNERS: LOCATION: DESCRIPTION: Boynton Bagels (LUAR 06-020) Bradley Miller, Miller Land Planning Consultants Peters 3377 N. Federal Highway LLC 3377 North Federal Highway (eastside of Federal Highway, south of Turner Road) Request to amend the Comprehensive Plan Future Land Use Map from Commercial High with underlying Medium Density Residential of 5 duJac (CHl5) (palm Beach County) to Local Retail Connnercial (LRC); and Request to rezone from General Commercial (CG) (Palm Beach County) to Community Commercial (C-3). PROGRAM IMP ACT: FISCAL IMPACT: ALTERNATIVES: N/A N/A N/A ~~ Ity ager's Signature LtJ ~ Assistant to City Manager Plancin~ and ZOning Director City Attorney / Finance S:\Planning\SHARED\WP\PROJECTS\Boynton Bagels\LUAR\Agenda Item Request Boynton Bagels LUAR 06..()20 1O-3"()6.dot ChJU S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 ORDINANCE NO. 06- 2 3 AN ORDINANCE OF THE 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 PETERS 3377 N. FEDERAL HIGHWAY, 8 LLC., AND LOCATED AT 3377 NORTH FEDERAL 9 HIGHWAY, EAST SIDE OF FEDERAL HIGHWAY 10 AND SOUTH OF TURNER ROAD; CHANGING THE 11 LAND USE DESIGNATION FROM CH/5 12 COMMERCIAL HIGH/WITH UNDERLYING MEDIUM 13 DENSITY RESIDENTIAL OF 5 DUlAC (PALM BEACH 14 COUNTY TO LOCAL RETAIL COMMERCIAL (LRC); 15 PROVIDING FOR CONFLICTS, SEVERABILITY, AND 16 AN EFFECTIVE DATE. 17 18 WHEREAS, the City Commission ofthe City of Boynton Beach, Florida has adopted 19 a Comprehensive 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 21 Comprehensive Planning Act; and 22 WHEREAS, the procedure for amendment of a Future Land Use Element of a 23 Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and 24 WHEREAS, after two (2) public hearings the City Commission acting in its dual 25 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 28 Comprehensive Plan as provided. 29 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE 30 CITY OF BOYNTON BEACH, FLORIDA, THAT: 3 1 Section 1: The foregoing WHEREAS clauses are true and correct and incorporated S :leA IOrdinancesIPlanninglLand UselBoynton Bagel.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 at 3377 North 5 Federal Highway, east side of Federal Highway and South ofTumer Road; changing the land 6 use designation from CHl5 Commercial High/with underlying Medium Density Residential of 7 5 du/ac (Palm Beach County) to Local Retail Commercial (LRC). 8 9 LOT 8, LESS THE WESTERLY 17 FEET FOR ROAD RIGHT-OF-WAY, 10 KINGS SUBDNISION ACCORDING TO THE PLAT THEREOF, AS 11 RECORDED IN PLAT BOOK 20, PAGE 47, OF THE PUBLIC 12 RECORDS OF PALM BEACH COUNTY, FLORIDA. 13 14 CONTAINING 3,342 SQUARE FEET OR 0.08 ACRES MORE OR LESS 15 16 Subject to easements, restrictions, reservations, covenants and 17 rights of way of record. 18 19 2 0 Section 3: That any maps adopted in accordance with the Future Land Use Element of the 21 Future Land Use Plan shall be amended accordingly. 22 Section 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed. 23 Section 5: Should any section or provision of this Ordinance or any portion thereof be 24 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 25 remainder of this Ordinance. 26 Section 6: This Ordinance shall take effect on adoption, subject to the review, challenge, 27 or appeal provisions provided by the Florida Local Government Comprehensive Planning and 28 Land Development Regulation Act. No party shall be vested of any right by virtue of the 29 adoption ofthis Ordinance until all statutory required review is complete and all legal challenges, S:\CA \Ordinances\Planning\Land UseIBoynton Bagel.doc 1 including appeals, are exhausted. In the event that the effective date is established by state law or 2 special act, the provisions of state act shall control. 3 FIRST READING this ~ day of ,2006. 4 SECOND, FINAL READING and PASSAGE this ~ day of ,2006. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ATTEST: 22 23 24 City Clerk 25 2 6 (Corporate Seal) 27 CITY OF BOYNTON BEACH, FLORIDA Mayor -- Jerry Taylor Vice Mayor - Carl McKoy Commissioner - Robert Ensler Commissioner - Mack McCray Commissioner - Muir C. Ferguson S:\CA \Ordinances\Planning\Land Use\Boynton Bagel.doc 1 ORDINANCE NO. 06- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, REGARDING THE 5 APPLICATION OF DOUG PETERS, AMENDING 6 ORDINANCE 02-013 TO REZONE A PARCEL OF 7 LAND LOCA TED AT 3377 NORTH FEDERAL 8 HIGHWAY, SOUTH OF TURNER ROAD ON THE 9 EAST SIDE OF FEDERAL HIGHWAY, AS MORE 1 0 FULLY DESCRIBED HEREIN, FROM GC 11 GENERAL COMMERCIAL (PALM BEACH 12 COUNTY) TO COMMUNITY COMMERCIAL (C- 13 3); PROVIDING FOR CONFLICTS, 14 SEVERABILITY, AND AN EFFECTIVE DATE. 15 16 WHEREAS, the City Commission of the City of Boynton Beach, Florida has 17 adopted Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City; 18 and 19 WHEREAS, Peters 3377 N. Federal Highway, LLC., owner ofthe property located at 20 3377 North Federal Highway, south of Turner Road on the East side of Federal Highway in 21 Boynton Beach, Florida, as more particularly described herein, has filed a Petition, through 22 its agent, Bradley Miller of Miller Land Planning Consultants, Inc., pursuant to Section 9 of 23 Appendix A-Zoning, of the Code of Ordinances, City of Boynton Beach, Florida, for the 24 purpose of rezoning a parcel of land, said land being more particularly described hereinafter, 25 GC General Commercial (Palm Beach County) to Community Commercial (C-3); and 26 WHEREAS, the City Commission conducted a public hearing and heard testimony 27 and received evidence which the Commission finds 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:\CA \Ordinances\Planning\Rezoning\Rezoning . Boynton Bagel-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: 6 Section 1. The foregoing Whereas clauses are true and correct and incorporated 7 herein by this reference. 8 Section 2. The following described land located at 3377 North Federal Highway, 9 south of Turner Road on the East side of Federal Highway in the City of Boynton Beach, 10 Florida, as set forth as follows: 11 12 LOT 8, LESS THE WESTERLY 17 FEET FOR ROAD RIGHT-OF- 13 WAY, KINGS SUBDIVISION ACCORDING TO THE PLAT 14 THEREOF, AS RECORDED IN PLAT BOOK 20, PAGE 47, OF THE 15 PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. 16 17 CONTAINING 3,342 SQUARE FEET OR 0.08 ACRES MORE OR 18 LESS 19 20 Subject to easements, restrictions, reservations, covenants and 21 rights-of-way of record. 22 23 be and the same is hereby rezoned from GC General Commercial (Palm Beach County) to 24 Community Commercial (C-3). A location map is attached hereto as Exhibit "A" and made a 25 part of this Ordinance by reference. 26 Section 3. That the aforesaid Revised Zoning Map of the City shall be amended 27 accordingly. 28 Section 4. All ordinances or parts of ordinances in conflict herewith are hereby 29 repealed. S:\CA \Ordinances\Planning\Rezoning\Rezoning - Boynton Bagel.doc 1 Section 5. Should any section or provision of this Ordinance or any portion thereof 2 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 3 remainder of this Ordinance. 4 Section 6. This ordinance shall become effective immediately upon passage. 5 FIRST READING this _ day of , 2006. 6 SECOND, FINAL READING and PASSAGE this _ day of ,2006. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 ATTEST: 23 24 25 City Clerk 26 27 (Corporate Seal) CITY OF BOYNTON BEACH, FLORIDA Mayor - Jerry Taylor Vice Mayor - Carl McKoy Commissioner - Robert Ensler Commissioner - Mack McCray Commissioner - Muir C. Ferguson S:\CA \Ordinances\PJanning\Rezoning\Rezoning - Boynton Bagel.doc f I 0642 0641;' / ../ ...../ /-....-."..-.. .....-....-.. ... .... '" ..... ." / / I I H'O / 0160 I 1 ~"I om -F~-I / 0690 ;' .--.-.---.-.-..-.-.--.-.-.-./ I i i ( -----.-.---.~.---1. . o~o I ..............._......~-...f 0660 j ..-..-.--.....--..-....-- . f ! i i ! f " l) I' f f ! ! f i i GO r i ! ./ -l I I 1 o f ! f ! f ! ! ! l f f i ! f In... .. / 0080 i I / j / . L 0360 0340 r....... ---aoO"7-'"'' ---.....-.... I ! 0221 I 0470 . I ............ .......1.......... ............ ... ....._ ..........l..._._ ... ....-.. ....- J~ c 1----.............. 0320 02.. I / "._. ___.J 801 919 tI o o EXHIBIT "A" - BOYNTON BAGELS LOCATION MAP 'J TO: FROM: THROUGH: DATE: PROJECT NAME/NUMBER: REQUEST: Property Owner: 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 06-141 Chair and Members Community Redevelopment Agency Board and City Commission Kathleen Zeitler f(z Planner '\i~ Michael W. Rumpf\-';- Director of Planning and Zoning September 5, 2006 Boynton Bagels /(ANEX 06-007) (LUAR 06-020) To annex a 3,342 square foot (O.OB-acre) parcel, to reclassify its land use to Local Retail Commerdal (LRC), and rezone to Community Commercial (C-3), PROJECT DESCRIPTION Peters 3377 N. Federal Highway, LLC Doug Peters / Bradley Miller, Miller land Planning Consultants Inc. 3377 North Federal Highway, south of Turner Road on the east side of Federal Highway, (see Exhibit "A" - Location Map) 3,342 square feet (O.OB acre) CH/5 Commercial High/with underlying Medium Density Residential of 5 du/ac (Palm Beach County) CG General Commercial (Palm Beach County) Local Retail Commercial (LRC) Community Commercial (C-3) Parking lot currently accessory to an adjacent parcel in the City fonnerty occupied by All Rags bike sales/repairs. Proposed use is Boynton Bagels takeout restaurant. Subject property to remain as parking lot. A site plan application has been filed and is currently under review. Page 2 Boynton Bagels ANEX 06-007 and LUAR 06-020 Adjacent Uses: North: South: Developed commercial property with a Local Retail Commercial (LRC) land use classification, zoned Community Commercial (C-3) (formerly All Flags bike sales/repair, proposed is Boynton Bagels takeout restaurant); Developed commercial property classified as Palm Beach County Commercial High Intensity (CH/S) land use and zoned Palm Beach County General Commercial (CG); East: Developed single-family residential subdivision (Tradewinds) classified as Palm Beach County Medium Density Residential (MR- S) land use and zoned Palm Beach County Single-Family Residential (RS) West: Right-of-way for Federal Highway, then farther west is property designated Special High Density Residential (SHDR) and zoned Planned Unit Development (PUD), approved for 109 townhomes (forthcoming Gulfstream Gardens II project); and to the northwest, developed commercial property classified as Palm Beach County Commercial High Intensity (CHIS) land use and zoned Palm Beach County General Commercial (CG); EXECUTIVE SUMMARY Staff recommends approval of the requested annexation I land use amendment / rezoning for the following reasons: 1. The requested annexation is consistent with the objectives of the Oty's annexation program, which emphasizes the annexation of enclaves, and relevant policies in the Comprehensive Plan; 2. The requested land use and zoning are consistent with respective current designations in unincorporated Palm Beach County; 3. The request will not create additional impacts on infrastructure that cannot be accommodated by the Oty at present; and, 4. The requested change would help to further provide an economic contribution to both the neighborhood and to the City. PROPERTY OWNER NOTIFICATION Owners of properties within 400 feet of the subject annexation I land use amendment I rezoning 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. page 3 Boynton Bagels ANEX 06-007 and LUAR 06-020 PROJECT ANALYSIS The parcel which is the subject of this request for annexation, land use amendment, and rezoning totals 3,342 square feet or 0.08 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 proposed land use amendment I rezoning application is being reviewed concurrently with an accompanying request for annexation (ANEX 06-007). The subject property's current land use classification is Commercial High with underlying Medium Density Residential of five (5) dwelling units per acre (Palm Beach County CHIS). The applicant is requesting to annex into the City to utilize the Local Retail Commercial (LRC) land use classification and the Community Commercial (C-3) zoning district. The proposed land use classification (LRC) is the city's equivalent to the County's CHIS land use classification, in terms of the allowable uses and respective intensities. Therefore, the requested land use amendment I rezoning application would be consistent with Chapter 2, Section 9.C.2(2) of the land Development Regulations. Since this is the case, the request is relatively straightforward and would not require an evaluation of the eight (8) criteria against which rezoning applications are normally reviewed, as outlined in Chapter 2, Section 9.C.7 of the Land Development Regulations. Instead, staff analysis will relate to consistency with other relevant portions of the Comprehensive Plan, the city's annexation program, and service capability. The only policy in the Comprehensive Plan that would be pertinent to this request for annexation I land use amendment I rezoning would be Policy 8.1004, which states the following: 8.10.4: The Qty shall coordinate with Palm Beach County regarding the prevention of endaves, pockets, or other undesirable land configurations adjacent to, or in the proximity to, corporate limits, prior to annexation of any parcels into the City. Basically, this Policy requires the establishment of an annexation program, promotes orderly annexation, and prohibits the creation of new enclaves. The annexation of the subject property will further the efforts of the annexation program through reduction in the number of enclave properties. State annexation law allows the annexation of enclaves that are less than 10 acres through an inter-local agreement with the County without the consent of the property owners. Currently, objectives of the annexation program include annexing all enclaves less than 10 acres, and to incrementally annex endave properties with the intent to reducing them below the 10-acre threshold. Therefore, the annexation of this parcel is consistent with the only policy within the Comprehensive Plan regarding annexation. Existing land uses along the U.S. 1 frontage are predominately retail; therefore a Local Retail Commercial (LRC) land use designation and Community Commercial (C-3) zoning category are appropriate, both for lots which are presently in the City, and for those which will be annexed. The subject property lies within Planning Area V of the Federal Highway Corridor Community Redevelopment Plan. Area V contains a mix of land uses, Including commercial uses on small Page 4 Boynton Bagels ANEX 06-007 and LUAR 06-020 parcels, Although residential uses are encouraged along Federal Highway through redevelopment, the subject property is insufficient in size to support a residential project. In connection with previous annexation studies, city departments most affected by annexations (e.g. Police, Fire, and Public Works), have been surveyed for issues related to service capability and costs, All opinions previously collected from these departments supported the incremental annexation of enclaves. These opinions have been based on the following: 1. The enclaves are all immediately adjacent to areas within the city that currently receive urban services; 2. Ample service capacity exists to serve adjacent unincorporated properties; and 3, Most enclaves currently receive service from the city via the mutual aid agreement (Police and Rre / EMS only); With respect to impact upon roadways, the Palm Beach County Traffic Division has reviewed the project and determined that it meets Traffic Performance Standards of Palm Beach County. The Police and Rre Departments report that this project has been reviewed for potential service impacts and availability, and based on the proposed use, a takeout restaurant, it has been determined that services allocated to, or existing within the area are adequate to provide the project with a necessary level of service. CONCLUSIONS/RECOMMENDATIONS As indicated herein, this request is consistent with the intent of the Comprehensive Plan; would not create additional impacts on infrastructure that have not been anticipated in the Comprehensive Plan; would be compatible with adjacent land uses and would contribute to the overall economic development of the City. Therefore, staff recommends that the subject request be approved. If conditions of approval are recommended by the Community Redevelopment Agency Board or required by the City Commission, they will be included as Exhibit "c" - Conditions of Approval. ATTACHMENTS S: \Planning\SHARED\ WP\PROJECTS\Boynton Bagels\LUAR 06-o20\Staff Report.doc I / 0642 / 0641 I l-------L--------------4 / r::O! 0470 / / /_ ._... .....__.._._..... ......___........__.............L..... _.... ._._.._.~_.......L~....._.._~..._.__ o. j 0620 /r I ;;;r;;o:'1 ~:;y;,~T-----.--/1 I J I 0160 10111 om I o~~ 7 / 1 --I I / ---.-.------.-..-.-.---.-.-....f / I i i I --.-.-.---..-.-..-.-.....-1. . 0670 I I 1 / / -----------7 f ,. 0690 0660 . , 0320 0340 -.-. ...." 7 .-... ..... .-. --.Tt.-....-... i I r---.-.....--- I J I-J /ootll . I I / r -:_:) i 0070 f 1 0040 tJl I ...L.. _ _...J L_-..... 0330 0360 f f j ! ! j i i T 919 r i i I .i '-r--.-.-.-/ I 0060 / 520 i f ! ! i ! ! j i i ! j ! I ~ o o EXHIBIT "A" - BOYNTON BAGELS LOCATION MAP 19ZP'0P9'I9S :XYd LLZI'0P9'I9S :3NOHd f9tL 'HI l~.~~~A3~~~. . 6CME UI IDWH W1V d ~S3h\ 'lVffiI ONIWV::> 13: 960( ..- ~ ..- ;)1'1' ^ V MH8IH 1~3a3d . 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I 4.. r: J..l '" I I I Cl "l 1/ . l<j --I ~ lI) co /-.. o -...J I--.~ I.I~ l:l.: .~ 1 'r- Ico f~ 1 I I 'j <=> '" m x "-. /-.. o -.J 1 \ II- 'S'S':) ,t I . I~ I I v '" 0> 5 N l: .. .D E w" ..z.... .. >-8 c- o- (j N!i E.... ~~l!f .9oO:::J IL.OQ.V) 9 :t I- Z lil:~ ~;:) r- Z '" o. cO G ~~~ Z~lBQ WOC.JI- lDu'< zZOjij o O~.J _ u::!:w !c :;!;..: c:i z ~!;):::>: (5 i5 ..; i2 (f.l Z o~ lD ~ ~ ~ ~ i I 0 ~ l:l ~ ~ ~ ~ ~!~ i~~ hi ~~~ i~~ ~~li UII' "~ e ~~ ~ ~.. 1S 1i:"'!;!O ~l!5~i oh~ ~Il" l Project name: Boynton Bagels File number: ANEX 06-007, LUAR 06-020 EXHIBIT "C" Conditions of Approval DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: NONE X PUBLIC WORKS - Traffic Comments: NONE X ENGINEERING DIVISION Comments: NONE X UTILITIES Comments: NONE X FIRE Comments: NONE X POLICE Comments: NONE X BUILDING DIVISION Comments: NONE X PARKS AND RECREATION Comments: NONE X FORESTER/ENVIRONMENT ALIST Comments: NONE X PLANNING AND ZONING Comments: NONE X ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: NONE X ANEX 06-007, LUAR 06-020 CONDITIONS OF APPROVAL PAGE 2 I I DEPARTMENTS INCLUDE REJECT ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\ WP\PROJECTS\Boynton Bagels\LUAR\COAdoc Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida September 12,2006 VI. Consent Agenda A. Approval of the Minutes Savage Creatures Workshop - June 22, 2006 B. Approval of the Minutes MLK Corridor RFP Meeting - June 22, 2006 C. Approval of the Minutes CRA Board Meeting - August 8, 2006 D, Approval of the Minutes CRA Budget Meeting - August 24, 2006 E. Approval of the Monthly Financial Results - September 30, 2006 F. Approval of FY 06/07 Budget Amendment G. Approval of Events - 4th Quarter Schedule Ms. Heavilin pulled item VI-C. Mr. Myott pulled item VI-G, Motion Ms. Horenburger moved to approve the Consent Agenda as amended. Mr. Myott seconded the motion that passed 6-0. VII. Public Hearing Attorney Spillias explained the quasi-judicial hearing procedure and swore in all who planned to appear as witnesses during this meeting. Attorney Spillias then asked the Board members to disclose any ex-parte communications they might have had with anyone other than staff regarding any of the matters on the Public Hearing agenda. Ms. Horenburger had spoken with Herb Kahlert, a resident, and his son, Hans Kahlert, on the Boynton Bagels project, VII-A & B. Mr. Norem had spoken with Hans Kahlert on the same items. Old Business: None New Business: A. Annexation 1. Project: Agent: Boynton Bagels (ANEX 06-007) Bradley Miller, Miller Land Planning Consultants Peters 3377 N. Federal Highway LLC 3377 North Federal Highway (east side of Federal Highway, south of Turner Road) Request to annex subject property Owner: Location: Description: B. Land Use Plan Amendment/Rezoning 2. Project: Agent: Boynton Bagels (LUAR 06-020) Bradley Miller, Miller Land Planning Consultants Peters 3377 N. Federal Highway LLC Owner: 2 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida September 12, 2006 Description: 3377 North Federal Highway (east side of Federal Highway, south of Turner Road) Request to amend the Comprehensive Plan Future Land Use Map from Commercial High with underlying Medium Density Residential of S dulac (CHIS) (Palm Beach County) to Local Retail Commercial (LRC); Location: and Request to rezone from General Commercial (CG) (Palm Beach County) to Community Commercial (C-3). Kathleen Zeitler, Planner, presented for staff, stating her intent to present the Annexation and Land Use Plan Amendment and Rezoning concurrently. The property is small with only 3,342 square feet. The site is a parking lot currently accessory to an adjacent parcel in the City formerly occupied by All Flags bike sales and repairs. The proposed use for this project is a Boynton Bagels takeout restaurant. The subject property would remain as a parking lot. A site plan application had been filed and was currently under review by staff. Ms. Zeitler displayed a depiction of the subject property, a parking lot. The remaining property for the proposed restaurant was already in the City. Staff reviewed the annexation and land use amendment and rezoning and found them to be consistent with the objectives of the City and with the current designations in the unincorporated area of the County. Staff found the project would not create additional impacts on infrastructure that could not be accommodated by the City, and the requested change would help further provide economic contribution as well as make a non-conforming situation less non-conforming. Staff recommended approval of the annexation, land use and rezoning of this parcel. Bradley Miller, Miller Land Planning Consultants, agent for the applicant, Doug Peters, declared the parcel where the building now existed was already in the City and the parking lot was not, so in order for the redevelopment to occur, the parcel had to be brought into the City, The land use being proposed was the LRC land use that was consistent with what the County land use of CH. The proposed zoning, C3, was consistent with the CG zoning presently in place under the County designation. Mr. Myott asked if the site plan that was in process included another parcel, and Mr. Miller responded it did. The parcel seemed very small to Mr. Myott and he asked if, when added to the other parcel, the site would meet the criteria for a lot area in a commercial C-3 zoned site. 3 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida September 12,2006 Mr. Miller noted a different agent was processing the site plan, but he thought there might be some legal nonconformities involved with the building situation, Ms. Zeitler responded the required minimum square footage would be 15,000 square feet and she did not think the proposed site plan would meet it. If a variance were to be required, it would come before the board along with the site plan. Mr. Myott inquired whether there was other land to the south that could be attached to it to make it conforming, either in the City or the County, Ms. Zeitler explained the existing building was on Lot 9 and a portion of Lot 10 and was in the City already. Lot 8 (the parking lot) was the property to be annexed, It appeared to Ms. Horenburger that the property had been annexed into the City without the parking lot, and Ms. Zeitler agreed, Ms, Horenburger believed the annexation, site plan, land use amendment and rezoning should have come to the board at one time, they way they usually did. Ms. Zeitler responded this was because the site plan was under the control of a different agent and Mr. Miller's request was completed first. Ms. Zeitler displayed a copy of a site plan that was under review. It included the building and a proposed canopy extending from the front of the building where there would be outdoor seating on a limited basis. The seating was limited due to the small amount of parking, Ms. Horenburger inquired how far the canopy would be from the adjacent residential uses. Ms. Zeitler responded the site plan did not show the dimensions to answer Ms, Horenburger's question, but from looking at it, she would say the canopy was approximately twenty feet from the residential. Mr, Norem agreed with Ms. Horenburger's desire to hear the projects in their entirety, but he felt there was no reason to deny annexation into the City in the absence of a site plan, because the site plan still had to be presented for approval. If they were annexed and failed on the site plan or a variance, it was still in the City as a source of tax revenues. Ms, Heavilin did not see any reason to hold off on the annexation of the subject property. Mr. Myott felt the annexation made the likelihood of a site plan working more likely since the lots would be joined to each other. It also cleaned up the County pockets, a Comprehensive Plan goal. Mr, Norem remarked this was what the City had wanted to happen in this area for years. Ms. Horenburger asked Mr. Spillias if the board would be granting anything by annexing the property in relation to the business that wanted to establish itself on this property. Mr. Spillias responded the board was being asked to do two things: 1) annexation, and 2) a land use and zoning change that would make it consistent with the City's zoning regulations. Beyond that, the present use could continue if they chose to continue under the present use and if they chose to come through with a new site plan, consideration would be given at that time. The board's annexation decision should be based only on annexation principles. The land use and zoning decision should be made only on zoning. The site plan was no consideration at all for the board's decision. Ms. Zeitler remarked the only thing that was triggering a new site plan in this case was a change of use. If it remained retail and a new business went in as a retail use, it would not have a change of use and would not require a site plan to be approved, 4 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida September 12,2006 Rev. Chaney confirmed with Attorney Spillias the action of the board would be to recommend annexation to the City Commission. Vice Chair Norem opened the floor for public comment, reminding the speakers of the three- minute limitation on speaking. Tamara Lane, 3216 Palm Drive, Boynton Beach, resident of the Tradewinds subdivision adjoining the subject property spoke against the annexation. Her property was behind what was being called the "parking lot." She clarified that it had never been a parking lot until Hurricane Wilma. The property owner took that opportunity to take down a huge banyan tree on that property, wiping out a whole eco system and paving the area quickly. Since it was in the County, there had been no permits. She showed the board some pictures to illustrate her point and those pictures were made a part of the record. The parking lot pavement abuts her property and her neighbor's property. Their fence line was about three feet away from the paved area. There was no drainage. The parking lot was done in a shoddy manner. The annexation was up to the City, but they needed to have engineers take a close look at it. There was no easement. Right out front was where the children waited for the bus. It was a busy corner. After 9-11, no one came in that lot because the owner had it chained up and the fence was there. It had always been chain linked and closed. It had never been a parking lot. The City had been give false information and would be approving something on false information. She questioned the integrity of the developer because of this. In the aerial photographs Ms. Lane provided to the board, it could be seen that prior to Hurricane Wilma, there was no paved parking lot at this location. Mr. Norem responded Ms. Lane would have to inquire about the permit situation with the County Zoning Department, since it was currently in their jurisdiction, The board was considering the annexation of the land itself and a site plan would still have to come forward for approval. What was there now may not necessarily be allowed to remain. If they wanted that to be a parking lot in conjunction with what they had on the other property, they would have to meet all kinds of landscaping, setback, and other requirements. Patricia Kahlert, another Tradewinds resident, spoke in opposition to the annexation and proposed bagel restaurant, She provided the board with a box of donuts and a bag of bagels from the Dunkin Donuts shop across the street from the subject property. She felt having a bagel shop across the street from Dunkin Donuts would be redundant. Dunkin Donuts was open from 5:30 a.m, to 9:00 p.m. and they did not have enough business to stay open past 9:00 p.m. She felt a bagel restaurant would not thrive at the proposed location and would be quickly replaced with another business. She was also concerned about the devaluation of the residential properties abutting the subject property if this site had a takeout restaurant on it. Ms, Kahlert owned three 50-foot lots adjacent to the subject property. She referred to an appraiser from Callaway and Price who was appraising her property. He advised it would make a big difference if the adjacent property were "retail or takeout." Ms. Kahlert was a neighbor of Ms. Lane to the south and she echoed everything she had said. She referred to a small business on Federal Highway called Ralph and Rosie's that stayed open late. She knew the City had good intentions, but wondered how the City could have ever allowed a business like the bar/nightclub across street from subject property to be placed in a mall, which she had watched die since that had taken place. 5 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida September 12,2006 Mr. Miller confirmed for Mr, Myott that the ownership was the same for both sites. Mr. Miller noted that by annexing the property, the City would have more control over what happened on it and it would be subject to the City's Code of Ordinance requirements. The City had no control over it at present. Mr. Sims agreed it would be better to have this property under the control of the City. He appreciated and understood the remarks of the two residents who spoke. The parking lot situation did make him wonder and he thought that should be investigated. Ms. Heavilin also appreciated the feelings of the residents who spoke. She asked staff what would be allowed under C-3 that would not be allowed presently. Ms, Zeitler responded if it were to remain in the County, it could be residential or it could be high commercial, which would allow more intensive uses to locate there. The general commercial zoning on the property now was consistent with the City's local retail commercial zoning district, Conditional uses were also possibilities. Mr. Miller added that under the County zoning, a cocktail lounge would be a permitted use but it would not under the proposed zoning change. Ms. Zeitler noted it was the applicant's intention to bring the property up to Code as much as possible. There would be a six-foot buffer wall and landscaping on the east property line to buffer the adjacent residential and bring it up to as many of the Code provisions as possible. Mr, Norem asked how many stories would be entailed with the project and Ms, Zeitler responded the C-3 district allowed for heights of 45 feet. Mr. Miller declared the building would remain as a one-story building. Ms. Zeitler noted they were working with the agent who was bringing the site plan forward to make some architectural improvements to the building, including painting and sprucing up in general. Ms. Horenburger inquired whether another zoning category might actually fit the proposed use. Ms, Zeitler responded C-3 most closely fit the zoning the property now had in the County, C-2 was neighborhood commercial but that was not typically found on Federal Highway, and C-3, community commercial, was more common. It could not go in C-1 since that was an office district. Ms, Horenburger asked if restaurants and outdoor dining would be allowed in C-3 or if they were conditional uses. Ms, Zeitler was not certain, Ms, Horenburger felt there were some unanswered questions and she wanted to see it come back to the board when the questions were answered. Mr. Miller stated that in the C-2 zoning district, restaurants were permitted uses and the minimum square footage was 5K square feet. Ms. Horenburger inquired whether a restaurant would be a conditional use in C-3, Mr. Miller stated the Code talked about sidewalk cafes within the CRA area as an accessory use, Ms. Zeitler said a restaurant would be a conditional use in a C-3 district. Mr. Myott remarked C-2 was frequently adjacent to residential uses. Ms. Horenburger asked why it would be problematic for the applicant to go to C-2. The proposed use might be more suited to C-2. Ms. Zeitler responded the adjacent parcel was already zoned C-3, so it made sense to have the same zoning; otherwise, they would have to bring in the other parcel and rezone it as well. If it were to function as one site, it had to be zoned the same, Ms. 6 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida September 12, 2006 Horenburger did not understand why the board was not being asked to rezone this to C-2, since it did not fit in the C-3 zoning category. It would require a variance. Mike Rumpf, Planning & Zoning Director, stated although there had been quite a lot of transition along this portion of the corridor to residential, the predominant land use had been retailjcommercial, and C-3 specifically. Even though it did not seem to fit that parcel, there were a lot of parcels in the area that were smaller and perhaps non-conforming. As far as use and the predominant zoning district in the area, it was more C-3. It was correct that it was seen more often in neighborhood areas, and not on the major corridors. There was not a perfect fit. Motion Mr. Myott moved to approve the request to annex the subject property. Ms. Heavilin seconded the motion that passed 5-1, Ms, Horenburger dissenting. Motion Mr. Myott moved to approve the request to rezone subject property from General Commercial (CG) (Palm Beach County) to Community Commercial (C-3) in the City of Boynton Beach. Mr. Sims seconded the motion. Mr. Spillias noted it would also include the Land Use Map. Mr, Myott changed his motion to approve the request to amend the Comprehensive Plan Future Land Use Map from Commercial High with underlying Medium Density Residential of 5 dujac (CHjs) (Palm Beach County to Local Retail Commercial (LRC) and to approve the request to rezone the subject property from General Commercial (CG) (Palm Beach County) to Community Commercial (C-3) in the City of Boynton Beach. Mr. Sims agreed to the addition to the motion. Pat Kahlert asked to speak again, Mr. Norem advised her the public hearing portion of this item had been closed, When asked again to allow comment, Mr. Norem deferred to the Board Attorney. Mr. Spillias indicated it was up to the board whether they wished to reopen the public hearing. At the beginning of the discussion, he believed it was mentioned the item was being handled jointly. With a request from Ms. Heavilin not to allow comments that had already been covered, and with the board's consensus, Mr. Norem reopened the public comment portion of this item. Craig Ritchie, 3910 Palm Drive, Boynton Beach, resided right behind the proposed project and was concerned about the noise from food prepping in the early morning hours, emptying of the dumpster, and the possibility of rats near the residences from the dumpster. The proposed project would only be about ten feet from the property line of the residences. Hans Kahlert, 3210 Palm Drive, Boynton Beach, was concerned about lighting levels and hours of operation. Although he did not want to undermine his neighbors, the redevelopment of the area was important and there could be far worse uses for the property such as a bar. If it were approved, he hoped the board would require limited hours of operation from 7:00 a.m. through 3:00 p.m. A six-foot wall might not be high enough to buffer the residences from the site lighting. Also, there was not much room for landscaping. The awning extending from the southern portion of the building would be extremely close to their property line. He owned a 7 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida September 12, 2006 restaurant at one time and hoped the board would be sensitive to such matters when considering the project. He also hoped they would consider some architectural upgrades to the building. Ms, Horenburger suggested Mr. Kahlert meet with the agent for the site plan. Mr. Norem closed the floor to further public comment. The motion passed 6-0. C. New Site Plan Description: Baywalk (NWSP 06-017) Carlos Ballbe, P .A, Southern Homes of Palm Beach V, LLC West side of Federal Highway, north of Miller Road Request for new site plan approval for 40 townhouse units on a 2.26- acre parcel in an IPUD zoning district. 1. Project: Agent: Owner: Location: Kathleen Zeitler, Planner, presented the staff report. This project had previously received approval for a land use amendment from LRC to SHDR in 2004. It was also rezoned at that time from C-3 to Infill PUD. Site Plan approval was received in 2004 for the Oceanside project. However, that site plan expired and the applicant was presenting a new site plan for a slightly different project. It had previously been approved for 45 town homes and it now proposed 40 town homes for a lesser density of 17.7 dujacre. Currently, the property had a modular sales office and a billboard on it. That would all be removed. The site plan showed one entrance from Federal Highway with some drives off to the side, and a road going through the center with a roundabout at the end. The proposed project would have condominium style ownership. The roads would be private. The landscape areas, roads, parking spaces and driveways would all be common area except for the units themselves, which would be owned individually. Twenty-four of the forty units would have one-car garages and the remaining units would have spaces located throughout the development in front of the units. Also included was a recreation area with a community pool and pool house, with its own parking. Perimeter landscape buffers ten feet in width were proposed along the north, south, and west property lines. There would be a six-foot masonry wall along the north, west, and south property lines. There would be a metal fence with individual gates leading out from the Federal Highway frontage. Chair Tillman arrived at 7:25 p.m. The smallest unit, Unit A, would have 1,189 square feet under air. The largest unit was Model D with 1,688 square feet under air. All the buildings would be two stories and range in height 8 ((Y "\\ ~\- r VIII.-PUBLIC HEARING ITEM E. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office 0 August I, 2006 July 17,2006 (Noon.) [8J October 3, 2006 September 18, 2006 (Noon) 0 August 15, 2006 July 31, 2006 (Noon) 0 October 17, 2006 October 2,2006 (Noon) 0 September 6, 2006 August 14,2006 (Noon) 0 November 8, 2006 October 16,2006 (Noon) 0 September 19, 2006 September 5, 2006 (Noon) 0 November 21, 2006 November 6, 2006 (Noon) 0 Announcements/Presentations 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM 0 Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 UnfInished Business [8J Public Hearing 0 RECOMMENDATION: Please maintain this request on the October 3,2006 City Commission Agenda under Public Hearing. The applicant requested in their letter dated September 15,2006 that the subject item be postponed to the October 3,2006 Commission meeting, to allow time for further fas;ade enhancements. For further details pertaining to the request, see attached Department Memorandum No. 06-140. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: Red Lobster (NWSP 06-018) Linda Nunn GMRI, Inc. (Neil Terwilliger) Out lot #3 @Boynton Town Center, approximately 450 feet north of the northeast comer of Congress Avenue and Old Boynton Road Request for New Site Plan approval to construct a 7,010 square foot restaurant and related site improvements on Out Lot #3 of the Boynton Town Center site. DESCRIPTION: PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: ~~ lty anager's Signature ~ ~ / Assistant to City Manager PI . ~z ~~V.../ C" IF' annmg an omng rrector lty Attorney mance S:\Planning\SHARED\ WP\PROJECTS\Red Lobster\NWSP 06-0 18\Agenda Item Request Red Lobster NWSP 06-018 10- 3-06.dot S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 06-140 STAFF REPORT TO: Chair and Members of the Planning and Development Board and City Commission Michael RumpX\~ Planning and Zoning Director Ed Breese ~ Principal Planner THRU: FROM: DATE: July 10, 2006 PROJECT NAME/NO: Red Lobster Restaurant / NWSP 06-018 REQUEST: New Site Plan PROJECT DESCRIPTION Property Owner: 1950 Congress Avenue, LLC Applicant: Neil Terwilliger of GMRI, Inc. Location: Approximately 450 feet north of northeast corner of Old Boynton Road and Congress Avenue (see Exhibit "AU - Location Map) Existing Land Use/Zoning: Local Retail Commercial (LRC)/Community Commercial (C-3) Proposed Land Use/Zoning: No change Proposed Use: Request new site plan approval to construct a 7,010 square foot restaurant and associated site improvements on Outlot #3 of the approved Boynton Town Center project. Acreage: 73,224.36 square feet (1.68-acres) Adjacent Uses: North: Undeveloped Outlot #4 of Boynton Town Center with a Local Retail Commercial (LRC) land use designation, zoned Community Commercial (C-3); South : Entrance drive for Boynton Town Center from Congress Avenue, then farther south undeveloped Outlot #2 of Boynton Town Center(proposed RBC Centura Bank) with a Local Retail Commercial (LRC) land use designation, zoned Community Commercial (C-3); East: Undeveloped commercial property (proposed Target site) with a Local Retail Commercial (LRC) land use designation, zoned Community Commercial (C-3); and Staff Report - Red Lobster Restaurant (NWSP 06-018) Memorandum No PZ 06-140 Page 2 West: Right-of-way for Congress Avenue, farther west is developed commercial (Hops Restaurant) with a Local Retail Commercial (LRC) land use designation, zoned Community Commercial (C-3); Site Characteristic: According to the survey, the subject site is currently vacant, and approximately 235 feet deep and 310 feet wide. The subject parcel is one of the outlots associated with The Boynton Town Center (Outlot #3). It is the third parcel along Congress Avenue north of Old Boynton Road, fronting the proposed Target building. Proposal: Concurrency: Traffic: Utilities: BACKGROUND Linda Nunn, representing 1950 Congress Avenue; LLC and GMRI, Inc., is requesting site plan approval for the construction of a 7,040 square foot restaurant on the 1.68-acre parcel. Outlot #3 is one of four (4) parcels fronting on Congress Avenue with Community Commercial (C-3) zoning as part of the approximately 25- acre site located at the NE corner of Congress Avenue and Old Boynton Road. The overall site plan for Boynton Town Center was approved by the City Commission on September 20,2005, and while it depicted the outlots, the in-depth detail for each of the parcels was to be provided in the submittal of separate site plan applications for each. As such, Smokey Bones, along with Red Lobster, are the second and third of the lots respectively to submit for review, following last month's review of RBC Centura Bank. ANALYSIS A traffic statement for the entire Boynton Town Center and Village project was sent to the Palm Beach County Traffic Division for concurrency review in order to ensure an adequate level of service. In a response dated February 1, 2005 , Palm Beach County Traffic Division determined that the project meets the Traffic Performance Standards, with conditions limiting the number of new PM peak hour external trips that could be generated by any new construction and linking them to required roadway Improvements. Therefore, a monitoring matrix has been created between the City and the master developer's traffic engineer to assist In the Issuance of building permits for the various phases, to ensure compliance with the overall development order. Additionally, a CRALLS (Constrained Roadway At Lower Level of Service) designation for various roadway linkages was adopted by Palm Beach County which recognized the difficulty of certain Intersection Improvements (I.e. additional turn lanes for certain turning movements at Old Boynton Road and Congress Avenue). As stated earlier, construction of this component of the project may only proceed with the Initiation of the necessary road Improvements noted In the Boynton Village & Town Center development order(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. Local pIping and Infrastructure Staff Report - Red Lobster Restaurant (NWSP 06-018) Memorandum No PZ 06-140 Page 3 improvements may be required, especially on the water delivery system for the project, depending on 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 also currently available to serve the project, The applicant has already paid the capacity reservation fee for the entire master development. Police I Fire: Staff reviewed the site plan and determined that current staffing levels would be sufficient to meet the expected demand for services. Drainage: Conceptual drainage information was provided for the City's review. The Engineering Division has found the conceptual information to be adequate and is recommending that the review of specific drainage solutions be deferred until time of permit review (see Exhibit "c" - Conditions of Approval), School: School concurrency is not required for this type of project, Driveways: The site plan (Sheet C3) shows that two (2) points of ingress/egress are proposed for the restaurant outlot. One driveway opening would occur at the southeast corner of the parcel, which would connect with one of the entry drives off of Congress Avenue for the Boynton Town Center project. A second point of ingress/egress is proposed at the northwest comer of the parcel, and serves as a cross-access drive with Outlot #4 to the north. Parking Facility: In the review of the master development for Boynton Town Center, parking was calculated on the basis of a shopping center, due to the nature of the mixture of uses proposed, According to the Land Development Regulations, shopping centers require one (1) parking space per 200 square feet of gross floor area. The site plan (Sheet 0) proposes a 7,040 square foot restaurant building, which would require 36 parking spaces. The site plan depicts 105 parking spaces, Including five (5) designated for handicap use, Therefore, there would be 69 excess parking spaces provided. The master developer also entered Into cross-access and cross-parking agreements, which provides for overflow parking in times of need. All spaces, excluding the handicap spaces, would be dimensioned 9 feet - six (6) inches in width and 18 feet - six (6) inches in length. All proposed parking stalls, including the size and location of the handicap spaces were reviewed and approved by both the Engineering Division and Building Division. landscaping: The proposed open space or "pervious" area would be 16,817 square feet or 23.02% of the total outlot. The master plan for the entire Boynton Town Center was approved with a 20 foot landscape buffer along the west (Congress Avenue) side of the project, that Included Live Oak and Mahogany trees, Royal Palm trees, Cocoplum and Plumbago shrubs, among others. These 20-foot landscape buffer Is the master developer's responsibility for Installatlon and maintenance, along with various other site Improvements, such as sidewalks and roadways. As such, no Certificate of Occupancy (CO.) will be Issued for the Red Lobster Restaurant Staff Report - Red Lobster Restaurant (NWSP 06-018) Memorandum No PZ 06-140 Page 4 without the installation and final inspection of these common improvements (see Exhibit "C" - Conditions of Approval), According to the landscape plan (LA-i), the applicant proposes to landscape around the parking areas and building utilizing Live Oak, Mahogany, Pitch Apple, Ligustrum and Tibouchina trees and Cocoplum, Copper Leaf, Spanish Stopper, Hibiscus and Ixora shrubs/groundcovers, A non- potable water source will be required for irrigation purposes, Building and Site: The building and site design as proposed would generally meet code requirements when staff comments are incorporated into the permit drawings. Architectural style, building materials and colors for all buildings proposed within Boynton Town Center were submitted and approved as part of the overall master plan. The Red Lobster is designed as a one (i)-story structure, with an elevated entry/lobby area to provide mass in the architectural design of the building, The elevations (Sheets A2,O & A2.1) indicate the typical parapet roof line would be at a height of 18 feet, while the ridge of the entrance hip roof would be 26 feet - 1 inch in height, well below the maximum of 45 feet allowed in the C-3 zoning district. Design: As noted above, architectural style, building materials and colors for all buildings proposed within Boynton Town Center were submitted and approved as part of the overall master plan. The applicant proposes to incorporate design elements from the approved materials and color palette, The elevations show that the hip roof would be constructed of standing seam metal, medium brown in color. The building also contains corbelled stone veneer at the base of the building entry and a stone veneer base around the remainder of the structure at the watertable, The identity/corporate image of this restaurant chain is that of a New England waterfront seafood restaurant. The building elements previously discussed and the appearance siding through the use of scored stucco, hardiboard trim, porthole/nautical type windows and louvers, and gooseneck light fixtures, help further the theme. According to the elevations and materials board, the main body color of the restaurant would be a dark beige: "French Toast" (Dryvit 400). The secondary body color would be a medium beige: "Sandlewood Beige" and the trim/accent color is proposed as white. The stone veneer at the base of the building would be a light tan: "Buffstone". Signage: The master developer is working on a Sign Program for the entire development. The review of all slgnage for this project will be based upon the regulations contained within that final document. The elevation pages (Sheet A2,Q & A2.1) depict the proposed location of the wall signs on the building (south, east and west elevations, centered on the decorative gable roof ends and building entry). The main entry sign would consist of white letters on a blue background with a red lobster perched on top. The signs on the east and west elevations are proposed with red channel letters centered on the decorative gable roof ends. A key component of the Sign Program for Boynton Town Center is the sharing of monument sign space between tenants of the outlots, to minimize overall slgnage for the center. Tenant monument signs are intended to be located between outlot parcels, total approximately 40 square feet (5 foot tall X 8 feet In length), be uniform In design and match the architectural characteristic and theme of the other Staff Report - Red Lobster Restaurant (NWSP 06-018) Memorandum No PZ 06-140 Page 5 site signage for the total project. In this particular case, the restaurant would share the monument sign space with the tenant of Outlot #4 to the north. All site signage, as noted earlier, will be subject to the Sign Program for the entire center(see Exhibit "c" - Conditions of Approval). RECOMMENDATION The Technical Application Review Team (TART) has reviewed this request for new site plan approval and recommends approval contingent upon satisfying all comments indicated in Exhibit "C" - Conditions of Approval. Any additional conditions recommended by the Board or City Commission shall be documented accordingly in the Conditions of Approval. 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IV ICIU ....__ ~ ....:.. .......~--.w..u =.tIIn....1nc. ..., ~ -:=-.... .J.\ - :u::- ........ -::'..-:.., DtIDB ., "- ....1........ .... ClIO ...... PM ............-.. M__ ....- EXHIBIT B , 11 , I ".. I , I- -i 1'1 , , , 'I , i'il ~f ~CR ~1~9~ , , , ..w_ .... .... ~.=Ii I , , , , I I' , IIU 'I'U "II I , I I I i I I . Ii !~ II II , I I I I IIU II Ii! ip II lit IIII~; I I ! i ! II II ~;\;\1I ~~ ;;;;;; 'l.l;'Ii ~n~ ~~ n~ 'i' I it )()f)C)( ~ )C .HI! lilt ; ; ~;;~! <! ~ ;t. ~ ~ . " / ~lllIP " d~ ;t~;t~ ~U~ ~~ ;0 ~ i I . i if r ; I II p " zz ! U H ~l~ ?~r:? _~ ~o~r:~ ~ r Andllcape Architecture Analysis Planning ~ -+- , I i Ii i Ii i~ Ii ii Illi~ i Ii I ji I! f II If I J I I II II I il If II I i ~ I! II i 1=, ~lif I I I I! Ws !;I ~~. i ; ~ h ij' ! ~ i,.' II /I l 111 E j Joil !l ~ I;!i il I f ;-1 ~ I ~ Ii ~!; II 1ft ? P ,. l'" 16111 Iii i~i li~jl Ii I lilll i 8 ,I> ~ ~A =~2Il ~ B~ "'V''''''''I''''''~ ~Mlfll ~S11E PlAN ;&I; l!I~1 RED :ig ~. ~ LOBSTER ~'"l ~~ QTY or 8O'lNlttl IIEAOf. FlORlOA h! '" . ~ ~ i > ~ ~p"giQ~~ e t ~ i W..Il~~~ Ii ~ ~ -c Ii Iii I , lllfill! if I I I II liB' i I ~ i I I I i IIIU;I I I I l i~11I ~ ! g I ; I! i I iF~i' HUJUI e Ii ~ " iUjijjJ ~ , - I ~ P II IIlI H HI! ~" ~ ~~~~~~~ I I I HI i I i I i i i I ~ IIIII ............11111. II I EXlERIOR ElEVATIONS r EXHtBtT B ~ ~ II i Ifll IIIIIIII II nh~'rh~ II i " "1' . '~l II l'l!i,il j ,I ~ I 'I II II' I. ! . I " I.. r I f',li f fieflll I .11. ip'l i .... ~ I "'1111 I~W ~ I j '; ~ IIIII ............1/1111 1111 ,. EXtERIOR ELEVATIONS L EXHIBIT B IIIIP. III U I'll i I II I 11111111 Ii I/lill, I I iP Ip I .mAe-I'1111II ~~I EXHIBIT ftC"~ Conditions of Approval Project name: Red Lobster File number: NWSP 06-018 Reference: 2nd review plans identified as a New Site Plan with a July 7,2006 Planning & Zoning date stamp ki mar ng. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: 1. Construction of this project IS contingent on construction of off-site X improvements In accordance with the Palm Beach County Traffic Concurrency notice dated February 1, 2005. 2. Delineate and stripe a "Loading Area" (LDR, Chapter 2, Section II.J); X include a pavement message in yellow indicating "No Parking - Loading Zone". See City Standard Drawings "K" Series for striping details. UTILITIES Comments: 3. 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 N, Section 16, or the requirement imposed by Insurance underwriters, whichever is greater (CODE, Section 26-16(b)). 4. The CODE, Section 26-34(E) requires that a capacity reservation fee be X paid for this project either upon the request for the Department's signature on the Health Department application forms or within seven (7) days of site plan approval, whichever 5. This office will not require surety for installation of the water and sewer X utilities, on condition that the systems be fully completed, and given to the City Utilities Department before the first permanent meter is set. Note that setting of a permanent water meter is a prerequisite to obtaining the Certificate of Occupancy. 6. A building permit for this project shall not be issued until this Department X has approved the plans for the water and/or sewer improvements required to service this project, in accordance with the CODE, Section 26-15. 7. Utility construction details will not be reviewed for construction X acceptability at this time. All utility construction details shall be in accordance with the Utilities Department's "Utilities Engineering Design Handbook and Construction Standards" manual (including any updates) and will be reviewed at the time of construction permit application. Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: 8. All comments requiring changes and/or corrections to the plans shall be X reflected on all appropriate sheets. 9. 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 generated by the Commission and at permit review. 10. 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. 11. Paving, drainage and site details will not be reviewed for construction X acceptability at this time. All engineering construction details shall be in accordance with the applicable City of Boynton Beach Standard Drawings and the "Engineering Design Handbook and Construction Standards" and will be reviewed at the time of construction permit application. BUILDING DIVISION Comments: 12. Please note that changes or revisions to these plans may generate additional X comments. Acceptance of these plans during the TART (Technical Advisory Review Team) process does not ensure that additional comments may not be generated by the commission and at permit review. 13. The height and area for buildings or structures of the different types of X construction shall be governed by the intended use or occupancy of the building, and shall not exceed the limits set forth in Table 503 of the 2004 FBC. 14. 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. 15. Buildings, structures and parts thereof shall be designed to withstand the X DEPARTMENTS I INCLUDE I REJECT I 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. 16. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 17. CBBCPP 3.C.3A requires the conservation of potable water. City water may X not, therefore, be used for landscape irrigation where other sources are readily available. 18. A water-use permit from SFWMD is required for an irrigation system that X utilizes water from a well or body of water as its source. A copy of the permit shall be submitted at the time of permit application, F.S. 373.216. 19. If capital facility fees (water and sewer) are paid in advance to the City of X Boynton Beach Utilities Department, the following information shall be provided at the time of building permit application: A The full name of the project as it appears on the Development Order and the Commission-approved site plan. B The total amount paid and itemized into how much is for water and how much is for sewer. (CBBCO, Chapter 26, Article II, Sections 26-34) 20. At time of permit review, submit separate surveys of each lot, parcel, or X tract. For purposes of setting up property and ownership in the City computer, provide a copy of the recorded deed for each lot, parcel, or tract. The recorded deed shall be submitted at time of permit review. 21. 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. 22. 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. 23. Show the proposed site lighting on the site and landscape plans. (LDR, X Chapter 4, Section 7.BA) If possible, provide photo metrics as part of your TART plan submittals. 24. Submit calculations for the area modifications shown on Sheet A 1.0 to X ensure compliance with 2004 FBC, Table 503 and Section 506. PARKS AND RECREATION Comments: Conditions of Approval 4 DEPARTMENTS INCLUDE REJECT 25. Indicate the percentaJ!;e of native species. Must be a minimum of 50%. X FORESTER/ENVIRONMENT ALIST Comments: 26. Plant List- Sheet LA-t. LA-2 X All shade and palm trees must be listed in the description as a minimum of 12-14 feet in height, three (3) inches DBH (4.5 feet off the ground) and Florida # 1 (Florida Grades and Standards manual). The height of the trees may be larger than 12-14 feet to meet the three (3) diameter requirement. [Environmental Regulations, Chapter 7.5, Article II Sec. 5.C. 2.] 27. The shrub and groundcover planting detail should include a line indicating X where the height and spread of the shrubs and groundcover plants will be measured at time of planting and inspection. 28. All shrubs and groundcover plants should have a height and spread X dimension. 29. Trees should have separate irrigation bubblers to provide water directly to X the root ball. [Environmental Regulations, Chapter 7.5, Article II Sec. 5. C.2.] PLANNING AND ZONING Comments: 30. All shrubs and hedges are required to be at minimum 24 inches in height, X 24 inches In spread, and planted with tip-to-tip spacmg measured immediately after planting to adequately cover the planted areas on the site (Chapter 7.5, Article II, Section 5.CA.). 31. Staff recommends additional and larger landscape material along all X elevations, to include a weater number of taller shrub specimens and trees. 32. No detail for a monument sign or proposed location has been provided. X Please provide a detail of the sign area, including the dimensions, exterior finish, and letter color(s) (Chapter 4, Section 7.D.). The Master Developer has created a typical monument sign, to be shared with the abutting out- parcel. A sign easement for the shared monument will be required. All site and building signage will be subject to the Sign Program for the entire center. 33. Please provide, in tabular form, a breakdown of sign calculations for all X signage for the entire site, depicting the code requirement and that being proposed, indicating compliance with all code requirements. 34. No C.O. (Certificate of Occupancy) will be issued for this particular parcel X until all required landscaping has been installed, inspected an fmaled, as well as all depicted sidewalks. 35. It is the applicant's responsibility to ensure that the new site plan is publicly X advertised in accordance with Ordinance 04-007. DEPARTMENTS INCLUDE REJECT 36. The applicant is responsible for compliance with Ordinance 05-060, the X "Art in Public Places" program and has demonstrated their participation through the submittal of the Public Art Information Form. Associated Art fees are due at time of permitting. 37. All equipment located on the building shall be painted to match the wall X where attached. 38. If for any reason, potable water use becomes necessary, the use of drought X tolerant plant species (per the South Florida Water Management District Manual) shall be maximized and the irrigation system should have water conservation designs (such as a drio system), where possible. 39. Construction of this project may only proceed with the initiation of the X necessary road improvements triggered by the number of external PM peak hour trips noted in the Boynton Village & Town Center development order. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. S:\Planning\SHARED\ WP\PROJECTS\Red Lobster\NWSP 06-018\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Red Lobster APPLICANT'S AGENT: Linda Nunn APPLICANT'S ADDRESS: 1807 S. Indian River Drive, Ft. Pierce, FL 34950 DATE OF HEAR1NG RATIFICATION BEFORE CITY COMMISSION: October 3,2006 TYPE OF RELIEF SOUGHT: Request for New Site Plan approval for 7,040 square foot "Red Lobster" restaurant in the C-3 (Community Commercial) zoning district. LOCATION OF PROPERTY: Approximately 450 feet north of the northeast corner of Old Boynton Road and Congress Avenue. DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby _ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:\Planning\SHARED\WP\PROJECTS\Red Lobster\NWSP 06-018\DO .doc Meeting Minutes Planning & Development Board Boynton Beach, Florida July 25, 2006 Mr. Gerlica indicated that was acceptable, and Mr. Casaine and Vice Chair Hay agreed also. Chair Wische asked for a roll call vote. The motion to approve passed 3-2, Mr. Saberson and Ms. Jaskiewicz dissenting. Ms. Jaskiewicz inquired of the Chairman why the board had not voted to move the Red Lobster and Smoky Bones items to precede the Quantum Park issue. Chair Wische remarked no one had brought it up during agenda approval. Mr. Casaine thought the board should make a motion about that. 8, New Site Plan 1. Project: Agent: Owner: Location: Red Lobster (06-018) Linda Nunn GMRI, Inc. (Neil Terwilliger) Out lot #3 at Boynton Town Center, Approximately 450 feet north of the northeast I comer of Congress Avenue and Old Boynton Road. Request for New Sit Plan approval to construct a 7,010 square foot restaurant and related site improvements on Out lot #3 of the Boynton Town Center site. Description: Chair Wische asked if the applicant was in agreement with all 39 conditions of approval, Linda Nunn, 1807 South Indian River Drive, R. Pierce, Florida 34950, responded they were in agreement with all the conditions of approval. Ed Breese, Principal Planner, declared he was pleased with the proposed project. Chair Wische opened the floor for public comment and closed it when no one came forward. Vice Chair Hay asked when the estimated opening date would be. Ms. Nunn responded if approved, construction would begin late winter 2006 to early spring of 2007. Motion , Vice Chair Hay moved to approve the request for New Site Plan approval to construct a 7,010 square foot restaurant and related site improvements on Out Lot #3 of the Boynton Town Center site. Ms. Jaskiewicz seconded the motion that passed 5-0. C. New Site Plan 1. Project: Agent: Owner: Smokey Bones (NWSP 06-019) Linda Nunn GMRI, INC. (Neil Terwilliger) 23 (? r VIII.-PUBLIC HEARING 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 be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office D August ], 2006 July 17,2006 (Noon.) ~ October 3, 2006 September 18,2006 (Noon) D August 15,2006 July 31,2006 (Noon) D October 17, 2006 October 2, 2006 (Noon) D September 6, 2006 August ]4,2006 (Noon) D November 8, 2006 October 16,2006 (Noon) D September 19,2006 September 5, 2006 (Noon) D November 21,2006 November 6, 2006 (Noon) D AnnouncementslPresentations D City Manager's Report NATURE OF D Administrative D New Business AGENDA ITEM D Consent Agenda D Legal D Code Compliance & Legal Settlements D Unfinished Business ~ Public Hearing D RECOMMENDATION: Please maintain this request on the October 3, 2006 City Commission Agenda under Public Hearing. The applicant requested in their letter dated September 15,2006 that the subject item be postponed to the October 3,2006 Commission meeting, to allow time for further fayade enhancements. For further details pertaining to the request, see attached Department Memorandmn No. 06-139. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: Smokey Bones (NWSP 06-019) Linda Nunn GMRI, Inc.(Neil Terwilliger) Out lot #1 @Boynton Town Center, northeast comer of Congress Avenue and Old Boynton Road Request for New Site Plan Approval to construct a 6,436 square foot restaurant and related site improvements on Out Lot #1 of the Boynton Town Center site. DESCRIPTION: PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: ia~ City Manager's Signature ..... ~ 1 L Assistant to City Manager PlonnLg anD ~~, C;ty Attorney / Finance S:\Planning\SHARED\WP\PROJECTS\Srnokey Bones\NWSP 06-019\Agenda Item Request Smokey Bones NWSP 06-019 10-3-06.dot S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office 0 August 1,2006 July 17,2006 (Noon.) [8] October 3, 2006 September 18,2006 (Noon) 0 August 15,2006 July 31,2006 (Noon) 0 October 17, 2006 October 2, 2006 (Noon) 0 September 6, 2006 August 14,2006 (Noon) 0 November 8, 2006 October 16,2006 (Noon) 0 September 19, 2006 September 5, 2006 (Noon) 0 November 21, 2006 November 6, 2006 (Noon) () 0 Announcements/Presentations 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM 0 Consent Agenda 0 Legal --- 0 Code Compliance & Legal Settlements 0 UnfInished Business [8] Public Hearing 0 -- RECOMMENDATION: Please maintain this request on the October 3,2006 City COnmllssion Agenda under Public Hearing. The applicant requested in their letter dated September 15, 2006 that the subject item be tabled to the October 3, 2006 COnmllssion meeting, to allow time for further fa~ade enhancements. For further details pertaining to the request, see attached Department Memorandum No. 06-139. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: Smokey Bones (NWSP 06-019) Linda Nunn GMRI, Inc.(Neil Terwilliger) Out lot #1 @ Boynton Town Center, northeast comer of Congress Avenue and Old Boynton Road Request for New Site Plan Approval to construct a 6,436 square foot restaurant and related site improvements on Out Lot #1 of the Boynton Town Center site. DESCRIPTION: PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: ~, Devel ~ ~ tJ Assistant to City Manager / '{~ PIking ana Zonin c or City Attorney / Finance S:\Planning\SHARED\WP\PROJECTS\Smokey Bones\NWSP 06-019\Agenda Item Request Smokey Bones NWSP 06-019 IO-3-06.dot S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DMSION MEMORANDUM NO. PZ 06-139 STAFF REPORT TO: Chair and Members of the Planning and Development Board and Oty Commission ~ Michael Rumpf Planning and Zoning Director Ed Breese ~ Principal Planner THRU: FROM: DATE: July 5,2006 Smokey Bones Restaurant / NWSP 06-019 PROJECT NAME/NO: REQUEST: New Site Plan PROJECT DESCRIPTION Property Owner: Applicant: 1950 Congress Avenue, LlC Neil Terwilliger of GMRI, Inc. Location: Northeast comer of Old Boynton Road and Congress Avenue (see Exhibit "An - Location Map) Local Retail Commercial (LRC)/Community Commercial (C-3) Existing Land Use/ZOning: Proposed Land Use/Zoning: Proposed Use: No change Request new site plan approval to construct a 6,436 square foot restaurant and related site Improvements on Outlot #1 of the approved Boynton Town Center project Acreage: Adjacent Uses: North: Undeveloped Outlot #2 of Boynton Town Center with a Local Retail Commercial (LRC) land use designation, zoned Community Commerdal (C-3); 72,309.60 square feet (1.66-acres) South: Right-of-way for Old Boynton Road, farther south developed commercfal (Oakwood Square) with a Local Retail Commercial (LRC) land use designation, zoned Community Commercial (C-3); East: Undeveloped commercial property (proposed Target site) with a Local Retail Commercial (LRC) land use designation, zoned Community Commercial (C-3); and Staff Report - Smokey Bones Restaurant (NWSP 06-019) Memorandum No PZ 06-139 Page 2 West: Right-of-way for Congress Avenue, further west is developed commercial (Longhorn Steakhouse & Hops Restaurant) with a Local Retail Commercial (LRC) land use designation, zoned Community Commercial (C-3); Site Characteristic: According to the survey, the subject site Is currently vacant, and approximately 275 feet deep and 260 feet wide. The subject parcel is one of the outlots associated with The Boynton Town Center (Outlot #1). It is the first parcel along Congress Avenue north of Old Boynton Road, fronting the proposed Target building. Proposal: Concurrency: Traffic: Utilities: BACKGROUND Unda Nunn, representing 1950 Congress Avenue, LLC and GMRI, Inc., is requesting site plan approval for the construction of a 6,436 square foot restaurant on the 1.66-acre parcel. Outlot #1 Is one of four (4) parcels fronting on Congress Avenue with Community Commercial (C-3) zoning as part of the approximately 25- acre site located at the NE comer of Congress Avenue and Old Boynton Road. The overall site plan for Boynton Town Center was approved by the aty Commission on September 20, 2005, and while It depicted the outlots, the In-depth detail for each of the parcels was to be provided In the submittal of separate site plan applications for each. As such, Smokey Bones, along with Red Lobster, are the second and third of the lots respectively to submit for review, following last month's review of RBC Centura Bank. ANALYSIS A traffic statement for the entire Boynton Town Center and Village project was sent to the Palm Beach County Traffic Division for concurrency review In order to ensure an adequate level of service. In a response dated February 1, 2005 , Palm Beach County Traffic Division determined that the project meets the Traffic Performance Standards, with conditions limiting the number of new PM peak hour external trips that could be generated by any new construction and linking them to required roadway Improvements. Therefore, a monitoring matrix has been created between the Oty and the master developer's traffic engineer to assist In the Issuance of building permits for the various phases, to ensure compliance with the overall development order. Additionally, a CRALLS (Constrained Roadway At Lower Level of Service) designation for various roadway linkages was adopted by Palm Beach County which recognized the difficulty of certain Intersection improvements (I.e. additional turn lanes for certain turning movements at Old Boynton Road and Congress Avenue). As stated earlier, construction of this component of the project may only proceed with the Initiation of the necessary road Improvements noted In the Boynton Village & Town Center development order(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. Local piping and Infrastructure Improvements may be required, especially on the water delivery system for the Staff Report - Smokey Bones Restaurant (NWSP 06-019) Memorandum No PZ 06-139 Page 3 project, depending on 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 permfttfng. Sufficient sanitary sewer and wastewater treatment capacity Is also currently available to serve the project. The applicant has already paid the capacity reservation fee for the entire master development. 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 OtYs review. The Engineering Division has found the conceptual Information to be adequate and Is recommending that the review of Specific drainage solutions be deferred until time of permit review (see Exhibit "c" - Conditions of Approval). School: School concurrency Is not required for this type of project. Driveways: The site plan (Sheet 0) shows that two (2) points of Ingress/egress are proposed for the restaurant outlot. One driveway opening would occur at the southeast comer of the parcel, which would connect with one of the major north/south loop drives within the parking lot for the Boynton Town Center project. A second point of Ingress/egress Is proposed at the northwest comer of the parcel, and serves as a cross-access drive with Outlot #2 to the north (proposed RBC Centura Bank). Parking Fadllty: In the review of the master development for Boynton Town Center, parking was calculated on the basis of a shopping center, due to the nature of the mixture of uses Proposed. According to the Land Development Regulations, shopping centers require one (1) parking space per 200 square feet of gross floor area. The site plan (Sheet 0) proposes a 6,436 square foot restaurant building, which would requIre 33 parking spaces. The site plan depicts 110 parking spaces, Indudlng flve (5) desIgnated for handicap use. Therefore, there would be 77 excess parking spaces provided. The master developer also entered Into cross-access and cross-parking agreements, whIch provides for overflow parking In times of need. All spaces, exduding the handicap spaces, would be dimensioned 9 feet - six (6) Inches In width and 18 feet - six (6) Inches In length. All proposed parking stalls, Including the size and location of the handicap spaces were reviewed and approved by both the Engineering Division and BuildIng DMslon. landscaping: The proposed open space or "pervious" area would be 19,744 square feet or 27.33% of the total outlot. The master plan for the entire Boynton Town Center was approved with a 20 foot landscape buffer along both the west (Congress Avenue) and south (Old Boynton Road) sIde of the project, that Included Uve Oak and Mahogany trees, Royal Palm trees, CocopIum and Plumbago shrubs, among others. These 2a-foot landscape buffers are the master developer's responsIbility for Installation and maIntenance, along with various other sIte Improvements, such as sIdewalks and roadways. As such, no CerUflcate of Occupancy (C.O.) will be Issued for Smokey Bones Restaurant without the Installation and flnallnspedion of these common Improvements (see Exhlblt~w - Conditions of Approval). The other Staff Report - Smokey Bones Restaurant (NWSP 06-019) Memorandum No PZ 06-139 Page 4 two (2) buffers are also scheduled to be part of the master planting for the site and include Southern Red Cedar and Tibouchina trees, along with Dwarf Scarlet Bush, Cocoplum and American Beauty Berry shrubs, According to the landscape plan (UDI), the applicant proposes to landscape around the parking areas and building utilizing Weeping Bottlebrush, Longleaf Pine and Bald Cypress trees and Cocoplum, American Beauty Berry and dwarf Yaupon Holly shrubs/groundcovers. A non- potable water source will be required for irrigation purposes. Building and Site: The building and site design as proposed would generally meet code requirements when staff comments are incorporated into the pennit drawings. Architectural style, building materials and colors for all buildings proposed within Boynton Town Center were submitted and approved as part of the overall master plan. The Smokey Bones Restaurant is designed as a one (I)-story structure, with an elevated entry/lobby area to provide mass in the architectural design of the building, providing for a significant feature at the corner of this very visible intersection, The elevations (Sheets A4.1 & A4.2) indicate the ridge of the typical hip roof at 25 feet - 3 inches in height and 41 feet - 5 inches In height at the entry/lobby, below the maximum of 45 feet allowed in the C-3 zoning district. Design: As noted above, architectural style, building materials and colors for all buildings proposed within Boynton Town Center were submitted and approved as part of the overall master plan. The applicant proposes to incorporate design elements from the approved materials and color palette. The elevations show that the hip roof would be constructed of standing seam metal, dark bronze In color, The building also contains manufactured stone elements on certain columns as well as the chimney and a stone veneer base around the entire structure. The identity/corporate image of this restaurant chain Is that of a lodge in the northwestern area of the United States. The building elements previously discussed and the use of heavy timbers in the roof design on two facades carry through this theme. According to the elevations and materials board, the main body color of the restaurant would be a dark beige: "French Toast" (Dryvlt 400). The trim/accent color Is proposed as an off-white: "Cotton" (Dryvit 442). The stone veneer at the base of the building would be a light tan: "Sandstone". Signage: The master developer is working on a Sign Program for the entire development. The review of all slgnage for this project will be based upon the regulations contained within that final document. The elevation page (Sheet A4.1) shows the proposed location of the wall signs on the building (south and west elevations, centered on the decorative gable roof ends). The signs would have red channel letters above the emerald green forest logo on yellow background. A key component of the Sign Program for Boynton Town Center Is the sharing of monument sign space between tenants of the outlots, to minimize overall slgnage for the center. Tenant monument signs are Intended to be located between outlot parcels, total approximately 40 square feet (5 foot tall X 8 feet In length), be unlfonn In design and match the architectural characteristic and theme of the other site slgnage for the total project. In this particular case, the restaurant would share the monument sign space with the tenant of Outlot #2 to the north (RBC Centura ~ Staff Report - Smokey Bones Restaurant (NWSP 06-019) Memorandum No PZ 06-139 Page 5 /" Bank). All site signage, as noted earlier, will be subject to the Sign Program for the entire center(see Exhibit "c" - Conditions of Approval). RECOMMENDATION The Technical Application Review Team (TART) has reviewed this request for new site plan approval and recommends approval contingent upon satisfying all comments indicated in Exhibit "c" - Conditions of Approval. Any additional conditions recommended by the Board or City Commission shall be documented accordingly in the Conditions of Approval. S:\Planning\Shared\Wp\Projects\Smokey Bones\Staff Report.doc ... 1 in. = 135.8 feet Smokey Bones Exhibit A - - ,,----..--.......-..-.. -..-....... ...- .. 1~:;,r,;;lilifiDmlll 1,..II,II,UI."i .q'gll i~iJ .,'I,'i:", ie, I:' I I 'S,:I Iii!"'!'."" .!, Jm,! ~!,~" !I :!lj I i:Y',: J", ,.'111," ii'" I ..... b,1 ,e r I " !I~!Ji I'II,~ H dl~ ,'i: ! .a'll 'i 1 P : I ., . ! i Ir.I:1 1M i ~ I n il, ' : ! utI: , .: I,., ':1 \ I I'" : ,I ! I, hi ,\ () ,!" i J! "1 \\ f{ I .. If: ~ I I '1 ~ I I ffi I I I CI) I Iii II A J I ". I' ~I !II 'i ,I ~ " : ,I : ~ rn 'Ii I II ,. ! I D ' t q i II I ,,1', I tj il i I ! Ii """ Ij i ' ~~ )oi:z ~ i U " 0 ,f (' ., !I ~ ~~ Ii' 91ft~1 ~RJJ~ ~ .1 !i5" f9 5:~il ,f fr " If! ~ l/j'f, n 11'11I BOYNTON TOWN CENTER t.tl. SMOKEV BONES . OUTlOT NO. 1 - -- "-A . ~ 81l ~.... I:.... ., ~ --.... ...-- - I:XHIBIT B -~~;, ';;"'----..M-........ar _ ~.~ jl!lI!lI"I" ~-- -- r-- \ \ \.. 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" I I'P: iI, t f Iii, !a u gJr I' i~ !l~i ~ r I EXHIBIT "e" Conditions of Approval Project name: Smokey Bones File number: NWSP 06-019 Reference: 2nd review plans identified as a New Site Plan with a July 7, 2006 Planning & Zoning date stamp ki mar 'ng. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: 1. Construction of this project IS contingent on construction of off-site X improvements III accordance with the Palm Beach County Traffic Concurrency notice dated February 1,2005. 2. Delineate and stripe a "Loading Area" (LDR, Chapter 2, Section II.J); X include a pavement message in yellow indicating "No Parking - Loading Zone". See City Standard Drawings "K" Series for striping details. To be provided at time of permitting. UTILITIES Comments: 3. Palm Beach County Health Department permits may be required for the X water and sewer systems serving this project (CODE, Section 26-12). As a general rule, restaurants require this approval to insure that grease traps are properly designed. 4. Fire flow calculations will be required demonstrating the City Code X requirement of 1,500 g.p.m. (500 g.p.m. some residential developments) with 20 p.s.i. residual pressure as stated in the LDR, Chapter 6, Article N, Section 16, or the requirement imposed by insurance underwriters, whichever is greater (CODE, Section 26-16(b)). 5. The CODE, Section 26-34(E) requires that a capacity reservation fee be X paid for this project either upon the request for the Department's signature on the Health Depamnent application forms or within seven (7) days of site plan approval, whichever occurs fITSt. This fee will be determined based upon final meter size, or expected demand. 6. A building permit for this project shall not be issued until this Depamnent X has approved the plans for the water and/or sewer improvements required to service this pf(~ject, in accordance with the CODE, Section 26-15. 7. Utility construction details will not be reviewed for construction X Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT acceptability at this time. All utility construction details shall be in accordance with the Utilities Department's "Utilities Engineering Design Handbook and Construction Standards" manual (including any updates) and will be reviewed at the time of construction permit application. FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: 8. All comments requiring changes and/or corrections to the plans shall be X reflected on all appropriate sheets. 9. 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 generated by the Commission and at permit review. 10. Full drainage plans, including drainage calculations, in accordance with the X LDR, Chapter 6, Article IV, Section 5 will be required at the time of permitting. 11. Paving, drainage and site details will not be reviewed for construction X acceptability at this time. All engineering construction details shall be in accordance with the applicable City of Boynton Beach Standard Drawings and the "Engineering Design Handbook and Construction Standards" and will be reviewed at the time of construction permit application. BUILDING DIVISION Comments: 12. The height and area for buildings or structures of the different types of X construction shall be governed by the intended use or occupancy of the building, and shall not exceed the limits set forth in Table 503 of the 2004 FBC. 13. 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 DEPARTMENTS INCLUDE REJECT 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. 14. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 15. A water-use permit from SFWMD is required for an irrigation system that X utilizes water from a well or body of water as its source. A copy of the permit shall be submitted at the time of permit application, F.S. 373.216. 16. If capital facility fees (water and sewer) are paid in advance to the City of X Boynton Beach Utilities Department, the following information shall be provided at the time of building permit application: ~ The full name of the project as it appears on the Development Order and the Commission-approved site plan. ~ 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) 17. At time of permit review, submit separate surveys of each lot, parcel, or X tract. For purposes of setting up property and ownership in the City computer, provide a copy of the recorded deed for each lot, parcel, or tract. The recorded deed shall be submitted at time of permit review. 18. 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. 19. 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. 20. A section of the bar counter shall comply with the 2004 FBC, Section 11- X 5.2. 21. The construction documents shall be routed to the Florida Department of X Business and Professional Regulation (DBPR) for review and approval prior to submittal to the Building Division. The DBPR can be contacted at 850- 487-1395. PARKS AND RECREATION Comments: 22. Trees must be a minimum of 12 foot to 14 foot with a three (3) inch X diameter at DBH. FORESTER/ENVIRONMENT ALIST Conditions of Approval 4 DEPARTMENTS INCLUDE REJECT Comments: Plant Schedule Sheet L201.L202 X 23. All shade trees must be listed in the description as a minimum of 12-14 feet in height, three (3) inch DBH (4.5' off the ground) not caliper, and Florida # 1 (Florida Grades and Standards manual). The height of the trees may be larger than 12-14 feet to meet the three (3) inch diameter requirement; or any clear trunk specifications. [Environmental Regulations, Chapter 7.5, Article II Sec. S.C. 2.] 24. Tree species listed on the Palm Beach County "prohibited plant species' list X cannot be used on the site. [Environmental Regulations, Chapter 7.5, Article II Sec. 5.C. 2.] 25. The applicant should add a note on Sheet L201 that all utility boxes or X structures (not currently known or shown on the plan) should be screened with Coco plum hedge plants on three sides. 26. The applicant should add a note on Sheet L201 the no Cypress mulch may X be used on the site. 27. The applicant should show the 50% native species calculations for each of X the categories of trees, shrubs and groundcovers/. 28. Turf and landscape (bedding plants) areas should be designed on separate X zones and time duration for water conservation. 29. Trees should have separate irrigation bubblers to provide water directly to X the root ball. [Environmental Regulations, Chapter 7.5, Article II Sec. 5. C.2.] PLANNING AND ZONING Comments: 30. Staff recommends additional and larger landscape material along the north X elevation, and include a greater number of taller shrub specimens and trees along the west and south elevations. 31. Full size trees, a minimum of 12-14 feet tall, with a minimum 3" caliper X dbh, must be planted every 30 feet in perimeter landscape around parking lots. 32. No detail for a monument sign or proposed location has been provided. X Please provide a detail of the sign area, including the dimensions, exterior finish, and letter color(s) (Chapter 4, Section 7.D.).The Master Developer has created a typical monument sign, to be shared with the abutting out- parcel. A sign easement for the shared monument will be required. All site and building signagewill be subject to the Sign Prom-am for the entire center 33. No C.O. (Certificate of Occupancy) will be issued for this particular parcel X until all required landscaping has been installed, inspected and finaled, as well as all depicted sidewalks. 34. It is the applicant's responsibility to ensure that the new site plan is publicly X advertised in accordance with Ordinance 04-007. DEPARTMENTS INCLUDE REJECT 35. The applicant is responsible for compliance with Ordinance 05-060, the X "Art in Public Places" program and has demonstrated their participation through the submittal of the Public Art Information Form. Associated Art fees are due at time of permitting:. 36. All ground equipment shall be adequately screened on at least 3 sides with X hedge material. 37. All equipment located on the building shall be painted to match the wall X where attached. 38. If for any reason, potable water use becomes necessary, the use of drought X tolerant plant species (per the South Florida Water Management District Manual) shall be maximized and the irrigation system should have water conservation designs (such as a driP system), where possible. 39. Construction of this project may only proceed with the initiation of the X necessary road improvements triggered by the number of external PM peak hour trips noted in the Boynton Village & Town Center development order. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. s :\Planning\SHARED\ WP\PROJECTS\Smokey Bones\NWSP 06-019\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Smokey Bones APPLICANT'S AGENT: Linda Nunn APPLICANT'S ADDRESS: 1807 S. Indian River Drive, Ft. Pierce, FL 34950 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: October 3,2006 TYPE OF RELIEF SOUGHT: Request New Site Plan Approval for a 6,436 square foot "Smokey Bones" restaurant in the C-3 (Community Commercial) zoning district. LOCATION OF PROPERTY: Northeast corner of Old Boynton Road and Congress Avenue DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby _ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:\Planning\SHARED\WP\PROJECTS\Smokey Bones\NWSP 06-019\DO.doc Meeting Minutes Planning It Development Board Boynton Beach, Florida July 25, 2006 Mr. Gerlica indicated that was acceptable, and Mr. Casaine and Vice Chair Hay agreed also. Chair Wische asked for a roll call vote. The motion to approve passed 3-2, Mr. Saberson and Ms. Jaskiewicz dissenting. Ms. Jaskiewicz inquired of the Chairman why the board had not voted to move the Red Lobster and Smoky Bones items to precede the Quantum Park issue. Chair Wische remarked no one had brought it up during agenda approval. Mr. Casaine thought the board should make a motion about that. B. New Site Plan 1. Project: Agent: Owner: Location: Red Lobster (06-018) Linda Nunn GMRI, Inc. (Neil Terwilliger) Out Lot #3 at Boynton Town Center, Approximately 450 feet north of the northeast comer of Congress Avenue and Old Boynton Road. Request for New Sit Plan approval to construct a 7,010 square foot restaurant and related site improvements on Out Lot #3 of the Boynton Town Center site. Description: Chair Wische asked if the applicant was in agreement with all 39 conditions of approval. Linda Nunn, 1807 South Indian River Drive, Ft. Pierce, Florida 34950, responded they were in agreement with all the conditions of approval. Ed Breese, Principal Planner, declared he was pleased with the proposed project. Chair Wische opened the floor for public comment and closed it when no one came forward. Vice Chair Hay asked when the estimated opening date would be. Ms. Nunn responded if approved, construction would begin late winter 2006 to early spring of 2007. Motion Vice Chair Hay moved to approve the request for New Site Plan approval to construct a 7,010 square foot restaurant and related site improvements on Out Lot #3 of the Boynton Town Center site. Ms. Jaskiewicz seconded the motion that passed 5-0. C. New Site Plan 1. Project: Agent: Owner: Smokey Bones (NWSP 06-019) Linda Nunn GMRI, INC. (Neil Terwilliger) 23 Meeting Minutes Planning. Development Board Boynton Beach, Florida July 25, 2006 Description: Out Lot #1 at Boynton Town Center, northeast corner of Congress Avenue and Old Boynton Road Request for New Site Plan approval to construct a 6,436 square foot restaurant and related site improvements on Out Lot #1 of the Boynton Town Center site. Location: Chair Wische asked Ms. Nunn if the applicant was in agreement with all of the conditions of approval, and Ms. Nunn responded they were in agreement with all conditions of approval. She added that the same company owned Red Lobster and ~PK~y Bones. Chair Wische opened the floor for public comment, closing it when no one came forward. Ms. Nunn responded the opening date of $tQ9K~Y Bones would most likely coincide with that of Red Lobster, Motion Vice Chair Hay moved to approve the request for New Site Plan approval to construct a 6,436 square foot restaurant and related site improvements on Out Lot #1 of the Boynton Town Center site, Ms. Jaskiewicz seconded the motion that passed 5-0. VIII. Other Not addressed. IX. Comments by Members Not addressed. X. Adjournment Since there was no further business before the board, the meeting was duly adjourned at 9:30 p.m. Respectfully submitted, (.....~., /'" /Y/ .' <.:~?dll ~L I Susan Collins Recording Secretary (072606) 24 [x. - CITY MANAGER'S REPORT CITY OF BOYNTON BEACH ITEM A AGENDA ITEM REQUEST FORth Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office D August 1,2006 July 17,2006 (Noon.) [g1 October 3, 2006 September 18,2006 (Noon) D August 15,2006 July 31, 2006 (Noon) D October 17, 2006 October 2,2006 (Noon) D September 6, 2006 August 14,2006 (Noon) D November 8, 2006 October 16,2006 (Noon) D September 19, 2006 September 5,2006 (Noon) D November 2 I, 2006 Nov~ber6,2006 (Noon) D AnnouncementslPresentations [g1 City Manager's Report NATURE OF D Administrative D New Business AGENDA ITEM D Consent Agenda D Legal D Code Compliance & Legal Settlements D Unfinished Business D Public Hearing D RECOMMENDATION: Accept report from the Development Department providing a schedule of all development fees and when payment is due. EXPLANATION: At the request ofa member of the City Commission, the Department of Development has compiled a schedule of all potential development fees which may applicable with associated timing of required payment. 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A .. .. 1:: ~I~ u. ::J m m m m ~g u u 0:: g 0::0:: O::u !~ 0 a. a '0 .. .. ., Ol .. .. " a. Il: .~ ::;; a ! :;; 0 0 0 0 0 0 0 0 ~ ~~ ~.~ ::;;0 ~ <J .!i 0:.0 c: c: I~ :l -' I~ ~ ~ '1:':= ~ I!' I!' I!' I!' I!' I!' I!' e 'j; .. E -'.. 13 CD 1:: <( .. ::J Ol > .. .. .. .. ., a. .!:: Q a. <( a. u u O::lll 00 u: u: u: u: u: u: u: u: a. 0:: c: W 0.0. a..... .... u. u. '" '5 '" ., 0> .. Q. ~ ~ N .;, > ! .. .. .. u. C .. E D- o ~ .. ~ w m '" ...J ~ .!! u: ;; E .. .E ~ e! o D- E .. ~ '" c: E .. CJ) ~ o ~ .. c: ~ .. .,.. "" ~ E .. CJ) " c: .. .. c .. E S t> ~ C! <0 C! en v( '}- CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORlVI IX.-CITY MANAGER'S REPORT ITEM B. 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 August I, 2006 July 17,2006 (Noon.) ~ October 3, 2006 September 18, 2006 (Noon) 0 August 15,2006 July 31, 2006 (Noon) 0 October 17,2006 October 2, 2006 (Noon) 0 September 6, 2006 August 14,2006 (Noon) 0 November 8, 2006 October 16,2006 (Noon) 0 September 19,2006 September 5, 2006 (Noon) 0 November 21, 2006 November 6, 2006 (Noon) 0 Announcements/Presentations ~ City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM 0 Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfmished Business 0 Public Hearing 0 RECOMMENDATION: Staff recommends to keep the Public Art Ordinance as is with the 1% Public Art Fee paid at time of permit. The 30% of the I % goes to the Public Art program and the 70% of I % is refunded in three stages designed to motivate the contractor/developer to include Public Art in the project rather than attempting to implement the art post construction and opting to just pay the fee. EXPLANATION: Discussions concerning when the fee is to be paid are an effort to accommodate the contractor/developer the expense burden when building a project. Most building fees in the City of Boynton Beach are paid at time of permit. At that point the contractor/developer has already produced sales in order to obtain financing to obtain a construction loan. The projects financial assessment is made prior to the contractor/developer filing for a permit. PROGRAM IMPACT: It is the purpose of the Art in Public Places program to create Public Art in public and quasi-public places throughout the City of Boynton Beach. The current ordinance is designed to motivate the contractor/developer to include Public Art in the project rather than opting to pay the fee. FISCAL IMPACT: Estimated projected 2006/2007 building projects (residential and commercial) collection at 1% art fee will total $3,050,000. 30% for public art program is estimated at $915,000 the remaining 70% is held in escrow until art project is completed. AL TERNA TIVES: Suggested alternative is at time of permit the contractor/developer only pay the 30% of the I % Public Art Fee. The 70% of the 1% would be tracked in stages. Prior to Certificate of Occupancy, an evaluation on the completion of the Public Art will be determined and any uncompleted % is paid prior to CO. The fees collected at CO would be reimbursed once Public Art is completed. NOTE: DOCUMENTATION ATTACHED; I) Comparison chart 2) Public Art Fee Pr cess 3) APM Collection of Fees 4) Projected Art Fee Collection 5) Public Art Ordinance 6) August 1st Agenda Minutes 7) September 1st enda Pre 'ew Minutes Department Name it -- S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC Article 1 Comparison Chart Current Ordinance Alternate Suggestion Collect 1 % Public Art Fee at time of Building Permit Issuance. 30% of 1 % allocated to Public Art Program. Collect 30% of 1 % Public Art Fee at time of Building Permit Issuance. 70% of 1 % Refund Process Monitor and Collection Process Sta~JP Contract Public Art with Artist to begin project and submit to Public Art Administrator to review with Arts Commission once Arts Commission approves project then... Refund of 40% of refundable portion of fee. Contract Public Art with Artist to begin project and submit to Public Art Administrator to review with Arts Commission once Arts Commission approves project. City Building Office notifies Public Art Adminis- trator art project near completion. Public Art Administrator inspects site reviews project with Arts Commission for approval. Art Commission will evaluate the percentage of project completion. The Public Art Administrator will refund up to an additional 40% of the re- fundable portion of the fee. City Building Office notifies Public Art Adminis- trator art project near completion. Public Art Administrator inspects site reviews project with Arts Commission for approval. Art Commission will evaluate the percentage of project completion. City will collect up to the 70% of 1 % Art fee. ")tag\. The remainder of the refundable portion of the fee will refunded when the completion of the pro- ject is submitted and inspected by the Public Art Administrator and approved by the Arts Com- mission. The remainder of the fee will be collected by the city when the completion of the project is submit- ted and inspected by the Public Art Administrator and approved by the Arts Commission. One collection at permit 3 inspections 3 disbursements Full fiscal accountability scheduled workflow Partial collection at permit 3 inspections 2 additional collections Nebulous fiscal surety triple the collection and processing cost Article 2 Public Arts Fee Process ART IN PUBLIC PLACES PROGRAM It is the purpose of the Art in Public Places Program to create Public Art in public and quasi-public places throughout the City of Boynton Beach. The Public Art Fee is designed to motivate the contrac- tor/developer to incorporate Public Art in their project. By collecting the fee at time of permit it pro- vides incentive for the contractor/developer to include Public Art in the process rather than attempting to implement the art post construction. This will enhance the project rather than the contrac- tor/developer opting to just pay the fee. PUBLIC ART FEE PROCESS After consultation with Planning & Zoning, Building and Finance it is the recommendation by the Pub- lic Art Administrator that the Public Art Fee of 1 % collected at time of Building Permit to remain as the original Public Art Ordinance states. The 1 % paid at time of permit will be dispersed as 30% going to the fund the Public Art Program and the 70% to build art in city and private development projects. I ne 70% collected at time of permit will be released in key stages triggered by mechanisms to moni- tor the progress of Public Art in the project. Stages are are follows: STAGE 1 Contractor/Developer contracts the Public Art with artist to begin project. Contract includes: · Artist responsibilities · Project location · Project specs (description) · Budget · Design, Fabrication and Installation criteria · Design, Fabrication and Installation timing (schedule) · Subcontractors · Maintenance criteria and responsibility · Art documentation requirements · Insurance · Warranties · Ownership · Copyright At this stage the contractor/developer will submit the following to the Public Art Administrator: · Artists resume that includes Public Art qualifications . Contract on Public Art Project (see above) . Concepts/designs/maquettes (project mock ups) The Public Art Administrator will have the submission approved by the Art Commission. The Public Art Administrator will respond with feedback to the contractor/developer. If it meets approval the Public Art Administrator will refund 40% of the 70% back to the con- tracUdeveloper. The contractor/ developer pays the artists a deposit to begin the project. STAGE 2 The City Building Official notifies the Public Art Administrator that the project is near comple- tion. The Public Art Administrator will visit the site and obtain the following information: . Status of projects timeline for build · Project completion date · Photos of projects progress Public Art Administrator will submit the progress report to Art Commission. Art Commission will evaluate % of completion of the project. The Public Art Administrator will refund that determined amount to the contractor/developer up to 40% of balance (If project is complete then the total balance is refunded). STAGE 3 The remaining balance will be held until the completion of the project is submitted and inspected to the Public Art Administrator and approved by the Arts Commission. RECOMMENDATION ANALYSIS Analysis for this position from staff is as follows: . Developer is aware of Public Art Fee along with other impact fees before a site plan applica- tion is submitted and should have cost analysis done prior to submission. . At time of site plan submittal and once the site plan has been approved, the developer begins pre-sales. . In today's market, most Financiers require the Developer to have at least 60% pre-sales of a residential project to obtain a construction loan. . Once the Developer gets their construction loan they apply for a permit. . At the time the permit is issued, the Public Art fee and other impact fees are due. . Requiring the surety, either in part or in full at the time of permit issuance, assures that all parties are in agreement on the process and will work together in good faith to complete the obligation in a timely manner. It avoids potential conflict or debate at the end of the project in Article 2 Public Arts Fee Process regard to compliance, and assures the contractor/developer will meet the obligation prior to turning the completed development over to the Owner's Association. · Surety is a method of assuring that the project will properly execute the Public Art · Surety is an incentive to move the project forward. · By refunding in the stages outlined above the developer will use the funds as they would for any subcontractor. · This is the procedures they use for general project construction. Article 3 APM Collection of Fees e.. . ... CITY OF BOYNTON BEACH, FLORIDA ADMINISTRATIVE POLICY MANUAL DRAF T CHAPTER: 09 Finance Policy No. 09.03.02 SECTION: 03 Collection Procedures Page: 1 of 3 SUBJECT: 02 Art In Public Places - Collection of Fees PURPOSE AND SCOPE: Ordinance 05-060 establishes a Public Art Fee on "all development, redevelopment, reconstruction or remodeling projects commenced after the adoption of the ordinance" (October 5, 2005). Site Plan applications and Permit applications made effective 10/05/05 which have a construction value of $250,000.00 or greater, shall pay a Public Art Fee equal to 1% of the construction value pursuant to Sec. 2-163 (A) of the City's Code of Ordinances. The following types of projects are exempt from the payment of the Public Art Fee: (1) Remodeling, repair or reconstruction of structures damaged by fire, flood, wind, earthquake or other calamity determined by the City of Boynton Beach Building Official. (2) The percent of the project dedicated to affordable housing as defined by the City of Boynton Beach. POLICY: General: New Site Plans and Permits for single family homes and remodeling - The purpose of this section is to describe the procedures for assessing, billing and collecting the Public Art Fee. A. Development - Planning & Zoning / Building 1. The Development Department will be responsible for informing any potential applicants to the city of the Public Art fee and will provide information explaining to the applicant that the administrative fee portion must be paid at time of permit issuance (Attachment A). The Arts Coordinator will be included in all applicable Pre-Application meetings held in the Planning & Zoning Department to provide initial information and guidance to potential applicants about the Arts in Public Places review and approval processes. 2. Site Plan submittals and permit applications for new single family home construction or remodeling with a construction value of $250,000.00 or greater, will be required to contain the Public Art Information Form (s) (Attachments B & C). Planning & Zoning / Building will forward a copy of the Public Art Information Form to the Art Coordinator for further contact with the project owner. 3. When the permit is prepared for issuance, the Building Fee Coordinator will notify the Public Arts Coordinator bye-mail that an eligible project is ready for permit and will calculate the amount due on the Public Art Information Form (attachment B & C), providing three copies: (1) payment validation for the contractor (1) payment validation for Public Art Administrator and (1) for processing through Finance. Building division staff will notify the applicant and require payment of the Public Art Fee amount due based upon 1 % of the construction value of the permit. B. Finance Department 1. The Finance Department (cashier) will collect the appropriate fee from the contractor and forward a validated copy of the tracking form back to the Public Art Administrator. 2. Finance will deposit the money daily and verify that the monies it receives are properly posted to the proper accounUfund in the general ledger. C. Public Art Administrator 1. Once the Public Art Administrator receives the completed Public Art Information Form from the Planning & Zoning division, he/she will coordinate with the project owner to present recommendations for the project's art requirement. Upon approval by the Arts Commission, the Public Art Administrator will inform the Planning & Zoning division that the project owner has met the art requirement and received approval from the Arts Commission. Then, based on the Arts Commission's comments, the Public Art Administrator will generate a review comment on the Conditions of Approval for the project.- 2. The Public Art Administrator is responsible for tracking compliance and completion of the art project as approved by the Arts Commission. 3. The Public Art Administrator will provide the Building Fee Coordinator with copies of all approved Public Art Information Forms awaiting payment. The Building Fee Coordinator will notify the Arts Coordinator when an eligible project is about to obtain permit. Finance will return a copy of the validated tracking form to confirm receipt of payment. 2 Article 3 APM Collection of Fees 4. The Public Art Administrator is responsible for tracking the progress of the project by periodically reporting the status of the art project to the Arts Commission. The Public Art Administrator will also maintain a record of funds received from each project owner. 5. If a project owner opts out of participating in the Art in Public Places Program, electing not to provide art on the site, the project owner shall pay the Public Art Fee. The Public Art Administrator will submit a written memorandum to the Finance Department indicating that 100% of the Public Art Fee (1 % of the construction value of the project) is to be deposited in the Public Art Fund and recorded revenue. 6. If the project owner elects to participate in the Art in Public Places Program, 30% of the Public Art Fee (1 % of the construction value of the project) will be retained by the City; the remaining 70% will be held as a surety on the completion of the art project. The surety will be refunded only if the conditions in section 2-163(c) of the City's Ordinances and the following requirements are met: I. Once an artist is contracted for the construction of the art project, the artist's contract with the City, credentials, and public art concepts must be submitted to the Public Art Administrator. ii. The Public Art Administrator will submit the contract, the artist's credentials, and the artist's concepts to the Arts Commission for review at the next meeting. iii. Upon approval of the art project by the Arts Commission, the Public Art Administrator will refund 40% of the 70% to the project owner. The balance will be held until final inspection of completion. IV. Once the City's building official notifies the Public Art Administrator that the project is near completion, the Public Art Administrator will visit the site and obtain information such as project status, projected completion date, and images, including but not limited to photographs, of the project's status. The Public Art Administrator will submit this information to the Arts Commission. v. If the art project is not complete, the Arts Commission will determine the percentage of completion of the project and based upon the Arts Commission's determination, the Public Art Administrator will refund the project owner an amount in proportion to the completion of the art project up to 40% of the balance. The remaining amount of the balance will be held until a determination of completion by the Arts Commission. vi. If the project is completed, the balance will be refunded to the project owner. 3 vii. At each stage, the Public Art Administrator will forward a written request to the Finance Department requesting a refund of a portion of the art project surety to the project owner. viii. If the project owner does not complete the art project, or, if the art project is not approved, 100% of the surety will be forfeited and deposited into the Public Art Fund. 4 -PROJECTED ART FEE COLLECTION The City of Boynton Beach, Florida 100 E. Boynton Beach Boulevard P.OBox3JO Boynton Beach, Florida 33425-031 () Finance Administration (561) 742-6310 Fax: (561) 742-6316 MEMORANDUM R ~t f;r-l\-!f':-;D---~ 'to _ (Lr i ~"" r-----.-~--.----I : I I I ft,UG - 8 2006 ! I : I L___________J t~~t!Y r'~___ r\~~.~~_QiXJ C E J TO: Kurt Bressner FROM: Bill Mumme~ DATE: August 7, 2006 SUBJECT: Public Art Fund Per City Ordinance No. 05-060 adopted by the City Commission on October 5, 2005, the City is required to establish a "Public Art Fund" to account for all contributions received from art fees for development and redevelopment. The Financial Services Department has established a new fund (151) for the 2005/06 fiscal year to account for revenues from the 1 % public art fee that is now collected upon request for a building permit on construction projects exceeding $250,000. Since the fund was established during 2005/06, no budget had been prepared for the new fund. Per your request, attached is a proposed 2006/07 budget for the Public Art Fund. While the Public Art Administrator has not been hired to date, the position is expected to be filled prior to September 30, 2006. The proposed Administrator. anticipated. budget includes salary and benefits for one position: the Public Arts In addition, several other categories of operating expenditures have been On the revenue side, based on the list of projected 2006/07 building projects, we are estimating that collections of the 1 % art fee will total $3,050,000. Of this amount, 30% or $915,000 is designated as operating revenue; the remaining 70% is held in escrow and is eligible to be returned to the building permit applicant if they completely meet the art requirements for the project as established by the Arts Commission. If these requirements are not met, the escrowed funds become the property of the City, to be used to add art to a project. For budgetary purposes, we have estimated that 20% of these escrowed funds will be retained by the City and subsequently spent to add or enhance art on a project. This initial budget provides for revenues in excess of expenditures of $854,911 which IS designated as Reserved for Future Appropriations for budgetary purposes. If you have any questions, please let me know. cc: Wilfred Hawkins -PUBLIC ART ORDINANCE Open in New WindowOpen in New Window Boynton Beach, FL Code of Ordinances PART IT CODE OF ORDINANCES Chapter 2 ADMINISTRATION* ARTICLE XIT: ART IN PUBLIC PLACES PROGRAM ARTICLE XII: ART IN PUBLIC PLACES PROGRAM Sec. 2-159. Short title; intent. (a) This article shall be known and cited as the "Art in Public Places Program." (b) It is the intent and purpose of this article to further the commitment of the city to the aesthetic, historical, cultural and economic enrichment of the community through the creation of works of art so that citizens and visitors to the city are afforded an opportunity to enjoy and appreciate works of art. The requirements of this article shall be construed to promote the aesthetic values of the entire community and to encourage the preservation and protection of works of art. (Ord. No. 05-060, ~ 2, 10-5-05) Sec. 2-160. Definitions. For the purposes of this section, the following words and phrases shall have the following meanings: Artist or Professional Artist means a practitioner in the visual arts, generally recognized by critics and peers as a professional of serious intent and ability. Indications of a person's status as a professional artist include, but are not limited to, income realized through the sole commission of artwork, frequent or consistent art exhibitions, placement of artwork in public institutions or museums, receipt of honors and awards, and training in the arts. Art, Artwork or Works of Art means tangible creations by artists exhibiting the highest quality of skill and aesthetic principles and includes. all forms of the visual arts conceived in any medium, material, or combination thereof, including, but not limited to, paintings, sculptures, engravings, carvings, frescos, stained glass, mosaics, mobiles, tapestries, murals, photographs, video projections, digital images, bas- relief, high relief, fOlmtains, kinetics, collages, drawings, monuments erected to commemorate a person or an event, functional furnishings, such as artist designed seating and pavers, architectural elements designed by an artist, and artist designed landforms or landscape elements. The following shall not be considered artwork or works of art for purposes of this article: (1) Reproductions or unlimited copies of original artwork. 1 (2) Art objects, which are mass-produced. (3) Works that are decorative, ornamental, or functional elements of the architecture or landscape design, except when commissioned from an artist as an integral aspect of a structure or site. Building means any structure that encloses space and is used or built for the shelter or enclosure of persons, businesses, chattel or property. Development means any construction, or redevelopment, or structural alteration of any private or public building within the limits of the city. Arts Commission means the advisory board established by the City Commission pursuant to Ordinance 01-64. Public Art Fund means a separate, interest bearing account set up by the city to receive monies for the Art in Public Places Program. Remodeling or conversion means alterations made to a building within any twelve month period, including, but not limited to, changes to the facade of a building, changes to the interior of a building, increases or decreases in the floor area of a building and changes to exterior improvements. (Ord. No. 05-060, 9 2, 10-5-05) Sec. 2-161. Arts Corirmission. The Boynton Beach Arts Commission shall function and operate as outlined in the City of Boynton Beach's Ordinance No. 01-64. (Ord. No. 05-060, 92, 10-5-05) Sec. 2-162. Powers and duties of committee. (a) The Arts Commission shall have the following additional powers and duties: (1) Recommend to the City Commission adoption of Art in Public Places Program Guidelines and amendments thereto; (2) Recommend to the City Commission adoption of a Public Art Master Plan identifying locations for public artworks and establishing a priority order; (3) Recommend to the City Commission authorization of expenditures for maintaining and implementing the Art in Public Places Program; (4) Recommend to the City Commission other expenditures of the Public Art Fund such as hiring staff and services to run the Art in Public Places Program; 2 (5) Exercise their authority to approve, approve with conditions or disapprove proposed installation of artwork based on Art in Public Places Program Guidelines; and (6) Advance, through education and communication, the Art in Public Places Program Guidelines. The guidelines are attached to Ord. No. 05-060 as Exhibit "A". (Ord.No.05-060, ~2, 10-5-05) Sec. 2-163. Establishment of public art fee. (a) All development, redevelopment, reconstruction or remodeling projects commenced after the adoption of this article which have a construction value of $250,000.00 or greater, shall participate in the Art in Public Places Program by paying a public art fee. For the purpose of this section, a project will be considered "commenced" when an application for review is first submitted to the city's Development Department. The public art fee shall be equal to 1 % of construction value of the project. The public art fee shall be collected by the Building and Code Compliance Department prior to and as a condition of building permit issuance. 100% of the public art fees collected are to be allocated to the Public Art Fund. All distributions for the Public Art Fund require the recommendation of the Arts Commission prior to City Commission approval. (b) The following types of projects are exempt from the payment of the public art fee: (1) Remodeling, repair or reconstruction of structures damaged by fire, flood, wind, earthquake or other calamity determined by the City of Boynton Beach Building Official. (2) The percent of the project dedicated to affordable housing as defined by the City of Boynton Beach. (c) Project owners required to participate in the Art in Public Places Program may obtain reimbursement up to seventy percent (70%) of collected art fee if the following conditions are met: (1) The owner of a development agrees to follow the Art Commission's recommendations to develop the art in the project; and (2) Prior to placement on the development site, has the artwork approved by the Arts Commission to insure that the artwork will be accessible and readily visible to the public based on location of artwork and normal traffic of vehicles/pedestrians in the proposed location; and (3) Select an artist directly to execute a project that meets specific criteria outlined by the recommendations and guidelines document provided by the Arts Commission or hire a professional consultant to select artists to commission site-specific, architecturally integrated artworks that meet specific art guidelines criteria outlined by 3 the recommendations and guidelines docwnent provided by the Arts commission; or purchaSe artWorks for permanent installation recommended by the Arts Commission; or elect to purchase an existing artWork or commission an original artWork for donation as a gift to the City of Boynton Beach's public art collection. (Ord. No. 05-060, S 2, 10-5-05) Sec. 2-164. Art and artist selection criteria. (a) The Art and Artist selection criteria shan be in compliance with the Arts commissions Guidelines and Recommendations. (Ord. No. 05-060, S 2, 10-5-05) Sec. 2-165. Public Art Fund. (a) There is hereby created a Public Art Fund administered by the Arts Commission. Funding sha1l consist of all contributions received from art fees for development and redevelopment. Contributions shall include 1% of construction value on projects exceeding $250,000.00, any cash grants and donations to the city for public art projects from governmental or private resources, and all other funds allocated by the city through the budgetary process for the provision of public art. (b) Expenditures from the Public Art Fund shall include but not be limited to expenses associated with the selection, commissioning, acquisition, transPOrtation, maintenanee, public education, promotion, a<Jministration, program marketing, documentation, removal and insurance of the works of art or in relation thereto. The Arts Commission can recommend to the City commission expenditures from the funds in furtherance of the Art in Public Places Program. (c) Disbursements of the public art fee shall be seventy percent (70%) to the construction of art in a given project and thirty percent (30%) fur the administration of the Art in Public Places Program and a (endowment or reserve fund) for future work as described in the Arts Commissions Guidelines and Recommendations. (Ord. No. 05-060, ~ 2, 10-5-05) Sec. 2-166. Ownership of artWork. Unless otherwise expressly agreed to in writing by the city, ownership of all art acquired through expending funds in the Public Art Fund shall be owned by the city according to the Arts commissions Recommendations and Guidelines. (Ord. No. 05-060, 9 2, 10-5-05) Sec. 2-167. Art in Public Places Program Guidelines. (a) The Arts Commission shall prepare and from time to time recommend to the City commission revisions to the Art in Public places program Guidelines and make the same available to the public, which shall provide guidance for program organization; 4 organizational governance and staffmg responsibilities; procedures for project planning; artist selection; art selection criteria; art placement criteria; donations; loans and memorials; collection management; and administration of the Public Art Fund. (b) In the event language contained in the Art in Public Places Program Guidelines conflicts with this article, the language in the article shall control. (Ord. No. 05-060, ~ 2, 10-5-05) Sec. 2-168. Art in Public Places Program Location Plan. The Arts Commission shall prepare, and from time to time revise, a Art in Public Places Program Location Plan that identifies locations and criteria for public artworks and establishes a priority order. (Ord. No. 05-060, ~ 2, 10-5-05) Sees. 2-169L--2-170. Fteserved. Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing Corporation provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishingtoll~free at 800-445-5588. ~ 2005 American Legal Publishing Corporation techsupport@amlegal.com 1.800.445.5588. 5 -A.UG 1 ST AGENDA MINUTES Meeting Minutes Regular City Commission Boynton Beach, FL August 1, 2006 Motion Vice Mayor McKoy moved to approve item Vl.C.2. Commissioner Ferguson seconded the motion. The motion passed unanimously. XII. LEGAL: (Moved during Preagenda Conference at the request of Commission) C. Ordinances - 1st Reading Proposed Ordinance No. 06-076 RE: Amending the Art in Public Places Program to clarify that projects which commenced prior to the establishment of the Public Art Fee are exempt and not subject to the fee, even when a site plan extension is requested. Attorney Tolces read Proposed Ordinance No. 06-076 by title only. Commissioner Ensler reviewed the reason the Ordinance was on the agenda for amendment. He noted the intent was not to do away with the art fee, but to help applicants with financing and still bring art into the projects commenced before the effective date of the original ordinance. Mayor Taylor recalled there had been discussion on the issue at the time the original ordinance was passed. He understood if an extension would be requested the art fee would then apply to the project. Commissioner McCray expressed concern if one exemption would be granted a precedent would be set for other site plan extensions. Mayor Taylor wanted to continue the ordinance as it had originally been written. He noted only one developer had expressed a hardship with the fee being added when the new site plan was requested. Commissioner McCray agreed with Mayor Taylor and felt at least a one year trial period for the original ordinance would be appropriate. Vice Mayor McKoy also expressed he favored keeping the ordinance as it had originally been approved. Motion Commissioner Ferguson moved to approve Proposed Ordinance No. 06-076. Mayor Taylor passed the gavel to Vice Mayor McKoy and seconded the motion. Commissioner McCray asked for clarification on the impact of the proposed ordinance. Mr. Bressner explained the new ordinance would allow an exemption of the art fee when a site plan extension was requested. ~ City Clerk Prainito called the roll. The motion failed 1-4. (Mayor Tay/or, Vice Mayor McKoy, Commissioners Ensler and McCray dissenting.) For clarification, it was determined that any project requesting a site plan extension, that did not previously require the art fee to be paid, would automatically be subject to the art fee when the site plan extension would be approved. VIII. PUBUC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS 8 -SEPT 1 ST AGENDA PREVIEW MINUTES Agenda Preview Meeting Minutes City Commission Boynton Beach, Florida September 1, 2006 C. Ordinances - 1st Reading 1. Proposed Ordinance No. 06- Re: Amending Chapter 2, Administration, of the Code of Ordinances to add a new Article XV; Small and Minority Business Enterprises; establishing a program to assist small and minority business enterprises in competing for and being awarded City contracts; establishing procedures for designation of small and minority business enterprise status; authorizing administrative action to implement, administer and monitor program goals. Mr. Bressner announced Bobby Jenkins, Assistant Rnance Director, put together a PowerPoint Presentation on the Ordinance. The City Commission could view the presentation or the issue could be heard at the next meeting. It was noted this item was of interest to Vice Mayor McKoy. The PowerPoint presentation and the item will be removed to the next agenda. XID. UNFINISHED BUSINESS: A. Continued discussion of Public Arts Fund and Art in Public Places Program Commissioner McCray acknowledged this item would be discussed at the next City Commission meeting, but wanted to know if something new came up causing the conversation. He was under the impression the Commissioners were on the same page. This item was put on the agenda at the request of Commissioner Ensler who announced the item was not titled properly. He was seeking a layout of all the fees due from developers. City Manager Bressner announced that would be heard on the October agenda. Commissioner Ensler reported there were all kinds of fees due at the time of site plan approval or in terms of getting a permit and one developer approached him who explained there was a lot of money due early in the game before they have a chance to rent or sell the facility. He wanted to review all the fees due to the Oty such as water, sewerage, the art fee, and anything else due to the Building Department, and when they were due. Mayor Taylor indicated the art fee was discussed prior to this and he did not understand why the item should be delayed. He did not think it should be mixed up with the other fees due to the City. He explained there was one developer who came in claiming a hardship. There was some confusion over the 30% payment of the art fee and the 70% they could put into their project. Of the 30% given to the City, the impression was that would go toward salaries for the Art employees which was not true. The 30% goes to create art in the rest of the community. They use that to finance the art program and to put art in other parts of the City where development may not be occurring. The developer has to put up 100% of the art fee when they come in with their application. Mayor Taylor thought instead of paying the fee at the time of application, they could pay it prior to obtaining their Certificate of Occupancy (CO). Once the developer comes in for the CO, the developer would have already sold some of the units and would have monies coming to them to assist with payment of the art fee. 5 Agenda Preview Meeting Minutes City Commission Boynton Beach, Florida September 1, 2006 Another scenario that occurs is a developer who pays $100K and applies for the CO. The inspector notes the developer only put $50K into the project, so the 30% plus the 20% not put in is due. The developer got 50% credit and would pay the City the other 50% of the money. Thirty percent goes in right away to the Art Program, and the other 20% of the artwork or the money goes back to the City. If the developer ordered some artwork, and the business would be opening, the artwork may not come in until 60 to 90 days later. When the art arrived, the funds would be returned. If the developer never did that, the 20% stays with the City. At the beginning, however, the developer would pay the 30% upfront. This method would assist the developer who may have a multi-million dollar project. The fees would be a great deal of money. This could help broker the art. Commissioner Ensler asked if the full 70% is not paid at the time of CO, would there be some period of time allowed. Mayor Taylor responded the developer would have to pay whatever was due at the time of the CO and they would get the funds back when they installed the artwork. Ms. Debby Coles-Dobay, Public Art Administrator explained she held discussions with Planning and Zoning and with Bill Mummert about this issue. The public art fee is not due until the time of permit. At that point, the 70% is put aside and there would be checks and balances along the way that would allow them to have funds returned at certain points. She provided an example when a developer contracts for the art those would be funds the developer would have to pay to the artist. The next segment would be closer to the end of the project, where there would be a 20% hold until the actual art was completely finished. They were looking at ways to alleviate the pressure of a developer making the entire payment upfront. Funds should be awarded and returned based on a time schedule and they did not want to hold up the CO. The difference between Mayor Taylor's version was the developer pays 30% upfront at the time of the permit and at the time of the CO it is determined if the developer paid the 70% in their project. If they did not, the developer pays the difference, which is held until the developer makes good or the funds go to the City. Ms. Coles-Dobay indicated the developer pays 70% upfront. Mr. Bressner announced a side-by-side analysis of the procedure per the Ordinance as it is presently written, in terms of timeline is needed, and then having an amended procedure based on the Mayor's suggestion as a possible alternative. The City Commission would then make a policy decision as to which process to utilize. If there were any Ordinance amendments needed as far as the change in the timellnes, then the changes would come back as an amendment to the Code. The side-by-side time line will be available by next Wednesday's meeting, most likely during the day on Tuesday or Wednesday. From there, the discussion on Wednesday night will determine whether there would be any modifications to the current procedure. If Code changes would be needed, the first reading of the Ordinance would be on the agenda for the first meeting in October. There was board consensus to have the side-by-side analysis discussion on September 19, 2006 and then if needed the item would be placed on the agenda for the first meeting in October. Attorney Michael Weiner was present and requested an item to approve the Estates at Heritage Club PUD just missed the agenda deadline. In this matter, the Engineering Department was able to complete the work on the item. It was important to his client, due to construction 6 Agenda Preview Meeting Minutes City Commission Boynton Beach, Florida September 1, 2006 loans, the item not be delayed. The Engineering Department was ready to move forward with the item. Mr. Bressner advised if there were consensus, the item would become Item K on the Consent Agenda. There were no objections to the addition. XIV. ADJOURNMENT There being no further business, the meeting adjourned at 10:27 A.M. ATTEST: Recording Secretary (090106) ;;:::;~er e.. Commissioner ~kl-- 7 C(r ~ ex. - 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 Fonn Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office D August 1,2006 July 17,2006 (Noon.) [8.J October 3, 2006 September 18, 2006 (Noon) D August 15, 2006 July 31,2006 (Noon) D October 17, 2006 October 2, 2006 (Noon) D September 6, 2006 August 14,2006 (Noon) D November 8, 2006 October 16,2006 (Noon) D September 19, 2006 September 5, 2006 (Noon) D November 21, 2006 November 6, 2006 (Noon) D AnnouncementslPresentations [8.J City Manager's Report NATURE OF D Administrative D New Business AGENDA ITEM D Consent Agenda D Legal D Code Compliance & Legal Settlements D Unfmished Business D Public Hearing D RECOMMENDATION: Discussion of Community Redevelopment Agency (CRA) boundaries. EXPLANATION: A member oftbe City Commission bas requested a discussion regarding tbe five (5) zones oftbe Federal Higbway Corridor located witbin tbe CRA boundaries. Tbe intent of tbe discussion is for tbe elimination of tbe outlying zones one (1) and five (5) oftbe Federal Higbway Corridor. PROGRAM IMPACT: N/A FISCAL IMPACT: (Include Account Number wbere funds will come from.) N/A ot to allow tbe discussion. ~C.~- lty anager's 19nature Assistant to City Manager ~ . % /l1f[!!f!P/ Ol'llcv Departme tame City Attorney / Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC Boynton Beach eRA Area legend r.a Community Redevelopment Area _ Commission District I Parcels _ Commission District II - Water _ Commission Dislrid III ".,... - .....i City Boundary Commission District IV N w$-E S ~,.~ S~~I....... ~.?, Z__Il:~ Boynton Beach eRA Area legend CJ Community Redevelopment Area _ Commission District I Parcels _ Commission District II _ Water _ Commission District III ~.'.''!. - -.. . City Boundary Commission District IV ,.,-' N W*E S CM....~, ,~",......... J.I" ~. tf( CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORlVl XII. - LEGAL - 2nd Reading Non-Development ITEM 8.1 Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meetine; Dates in to Citv Clerk's Office Meetinl! Dates in to Citv Clerk's Office 0 August I, 2006 July 17, 2006 (Noon.) ~ October 3, 2006 September 18, 2006 (Noon) 0 August IS, 2006 July 31, 2006 (Noon) 0 October 17,2006 October 2, 2006 (Noon) 0 September 6, 2006 August 14,2006 (Noon) 0 November 8, 2006 October 16, 2006 (Noon) 0 September 19, 2006 September 5, 2006 (Noon) 0 November 2 I, 2006 November 6, 2006 (Noon) 0 AnnouncementslPresentations 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM 0 Consent Agenda ~ Legal (2nd Reading) 0 Code Compliance & Legal Settlements 0 Unfinished Business D Public Hearing D RECOMMENDATION: Approve second reading of Ordinance No. _ establishing a policy for naming City facilities within the City of Boynton Beach, providing for the appointment of a committee to act in an advisory role to the City Commission on the naming of city facilities. EXPLANATION: By establishing a policy for naming City facilities, this will ensure that streets, parks, recreational areas and facilities are easily identified and located and that the names are consistent with the values and character of the area or neighborhood served. It will encourage public participation in the naming, renaming and dedication of streets, parks, recreation areas and facilities, and encourages the dedication of lands, facilities, or donations by individuals and/or groups. The process to name facilities commences with a recommendation of the City Manager, Mayor or a City Commissioner that a City Facility be named or renamed. City staff as designated by the City Manager will review the proposal for adherence to the stated criteria and authentication of statements relative to contributions in the case of an individual before forwarding to an advisory committee offive (5) persons appointed by the City Commission. The advisory committee will review the proposed naming or renaming and will offer the opportunity for public input on the proposed naming. The advisory committee will then forward their recommendation to the City Commission for final approval. PROGRAM IMP ACT: This policy will establish a systematic and consistent approach for the official naming of streets, parks and recreational areas and other public facilities. FISCAL IMP ACT: None AL TERNA TIVES: Not to approve this ordinance and not have a systematic and consistent procedure for naming City facilities. 17 /7 ~~anue ~~s;gnahrr' ~ Assistant to City Manager ~ ~ /J1~'s .1174~ D P. ent Name City Attorney / Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 ORDINANCE NO. 06- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, ESTABLISHING A POLICY FOR NAMING 5 CITY FACILITIES; PROVIDING FOR THE APPOINTMENT 6 OF A COMMITTEE TO ACT IN AN ADVISORY ROLE TO 7 THE CITY COMMISSION ON THE NAMING OF CITY 8 FACILITIES; PROVIDING FOR CONFLICTS, 9 SEVERABILITY, CODIFICATION AND AN EFFECTIVE 10 DATE. 11 12 WHEREAS, the City Commission has determined that it is advantageous to have a 13 uniform procedure for naming City facilities; and 14 WHEREAS, the City Commission finds that it would be beneficial to have committee 15 designated to evaluate suggestions and proposals for naming of City facilities. 16 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 17 THE CITY OF BOYNTON BEACH, FLORIDA: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 18 19 being true and correct and are hereby made a specific part of this Ordinance upon adoption 20 hereof Section 2. The following policy is established for naming City parks, recreation 21 22 facilities, streets, and facilities, buildings and rooms in buildings: 23 Purpose: 24 The purpose of this policy is to establish a systematic and consistent approach for the official 25 naming of streets, parks and recreational areas and other public facilities, buildings and rooms 26 in buildings. 27 Objectives: 28 · Ensure that streets parks, recreational areas and facilities, buildings and rooms in 29 buildings are easily identified and located. S:\CA \Ordinances\naming public facilities-revised(KB).doc I . Ensure that given names to streets, parks, recreational areas, facilities,. buildings and 2 rooms in buildings are consistent with the values and' character of the area or 3 neighborhood served.. 4 . Encourage public participation in the naming, renaming and dedication of streets, 5 parks, recreation areas, facilities, buildings and rooms in buildings. 6 . Encourages the dedication of lands, facilities, or donations by individuals and/or 7 groups. 8 . Encourages long term monetary sponsorship. 9 Definition: 10 Facilities means parks, recreation areas, streets, buildings, rooms in buildings and other II facilities, or parts thereof, which operate for the benefit of the public and includes all property ]2 under the City's ownership, administration or control including buildings, structures, open 13 spaces, public parks, natural areas, wetlands, environmental habitat and land, or parts thereof. 14 Criteria: 15 The policy of the City is to name Facilities through an adopted process utilizing established 16 criteria emphasizing community values and character, local history, geography, 17 environmental, civics, monetary support and service to the Boynton Beach community. 18 The following criteria shall be used in determining the appropriateness of the naming 19 designation: 20 I. Geographic location (neighborhood, significant areas, etc.) 21 2. Natural features 22 3.. A person (non-living) or place of historical or cultural significance. 23 4. A person (non-living), group, or feature particularly identified with the land or facility 24 5.. Commitment for monetary sponsorship 25 The process to name Facilities commences with a recommendation of the City Manager, 26 Mayor or a City Commissioner that a City Facility be named or renamed. 27 Conditions of property donation as agreed upon by the donor and the City shall be honored 28 regarding the naming of the Facilities subject to these adopted policies. 29 Names that are similar to existing Facilities in the City should not be considered in order to 30 minimize confusion. 31 The City reserves the right to change the name to maintain consistency with these policies.. 32 Procedure: S:\CA \Ordinances\naming public facilities-revised(KB).doc 27 28 29 30 31 32 1. Naming or Renaming of Facilities 2 3 4 a. A request for naming of a facility shall be initiated by a request by the City Manager to the City Commission or by request of any member of the City Commission through the City Manager. 5 6 7 8 b. City staff as designated by the City Manager will review the proposal for adherence to the stated criteria and authentication of statements relative to contributions in the case of an individual before forwarding to an advisory committee of five (5) person appointed by the City Commission. 9 IO c. The advisory committee review the proposed naming or renaming and will offer the opportunity for public input on the proposed naming. I ] d. The advisory committee shall forward their recommendation to City ]2 Commission for final decision. 13 2. Renaming of Parks, Recreation Areas, Facilities, Buildings and Rooms in Buildings 14 Renaming of facilities carries with it a much greater burden of process compared to initial 15 naming. Tradition and continuity of name and community identification are important ] 6 community values. Each suggestion or request for renaming must meet the criteria in this ] 7 policy, but meeting all criteria does not ensure renaming. ]8 Section 3. Each and every other provision of the Code of Ordinances not herein ]9 specifically amended, shall remain in full force and effect as originally adopted. 20 Section 4. All laws and ordinances applying to the City of Boynton Beach III 21 conflict with any provisions ofthis ordinance are hereby repealed. 22 Section 5. Should any section or provision of this Ordinance or any portion 23 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not 24 affect the remainder of this Ordinance. 25 Section 6. Authority is hereby given to codify this Ordinance. 26 Section 7. This Ordinance shall become effective immediately. FIRST READING this ~ day of ___ ,2006. S:\CA \Ordinances\naming public faciIities-revised(KB).doc 1 SECOND, FINAL READING AND PASSAGE this -'-- day of 2 , 2006. 3 4 CITY OF BOYNTON BEACH, FLORIDA 5 6 7 Mayor - Jerry Taylor 8 9 10 Vice Mayor - Carl McKoy 11 12 13 Commissioner - Robert Ensler 14 IS 16 Commissioner - Mack McCray 17 18 19 Commissioner - Muir C. Ferguson 20 ATTEST: 21 22 23 City Clerk 24 25 (Corporate Seal) 26 S:\CA \Ordinances\naming public facilities-revised(KB).doc XII. - LEGAL - 2nd Reading Non-Development ITEM B.2 CITY OF BOYNTON BEACE AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office 0 August ], 2006 July 17,2006 (Noon.) ~ October 3, 20~ September 18,2006 (Noon) 0 August 15, 2006 July 31,2006 (Noon) o octo2!rf 2006 1 October 2, 2006 (Noon) 0 September 6, 2006 August ]4,2006 (Noon) 0 November 8, 2006 October] 6,2006 (Noon) 0 September] 9,2006 September 5, 2006 (Noon) 0 November 21, 2006 November 6, 2006 (Noon) NATURE OF AGENDA ITEM o AnnouncementslPresentations o Administrative o Consent Agenda o Code Compliance & Legal Settlements o Public Hearing o City Manager's Report o New Business [8J Legal o UnfInished Business o c::; ~~) ("")--1 --4~": -< r:) '-q ::;., (f) i'1 -0 I '---f16 :~ ~! -.< ?~ -~ (.--)~ ~ ~ ~,- RECOMMENDATION: Adoption of the proposed Ordinance. __~.:- ,-'-' W -:;::1'1 EXPLANATION: The City Commission adopted Ordinance No. 02-026 on June 18,2002 providing a supplemeBRlI b~ to the retirees of the General Employees' Pension Plan in the form of a 13th check. A 13th check is an extra monthly paymeBt to the Plan's retirees in. the event that the net investment returns of the Plan exceed the asswned rate of investment return. r-.~' --,... - -';..... The proposed ordinance clarifies the intent of the 13th check benefIt in order to ensure that the benefit is only issued in compliance with the statutory requirement that a 13th check will be paid only if the present value of such supplemental benefit exceeds the net actuarial experience of the Plan accwnulated from all sources of gains and losses since the supplemental benefit was enacted. This ordinance will clarify and ensure that the issuance of the 13th check is not based solely upon the Plan's net investment returns in any given year, but instead that the net inveStment returns of the Plan in any given year must exceed the Plan's actuarial investment returns from the time that this benefit was enacted. The attached chart, prepared by the Plan's actuary, demonstrates the amount of positive investment returns that the Plan must experience in order for a 13th check to be issued.. PROGRAM IMPACT: To clarify the terms of the Bib check benefit offered by the Plan and to ensure compliance with the statutory requirements for when such a 13th check may be issued to the Plan's retirees. FISCAL IMPACT: (Include Account Number where funds wiIJ come from.) None. This amendment serves to ensure that the Plan is ged in an actuarially sound manner thereby curtailing the City's contrIbution to the Plan. City Attorney Department Name S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC _ 09/01/2005 09:23 9547714923 GOREN CHEROF ET AL_ PAGE 02/1J? Boynton Beach General Employees Pension Plan L Cumulative Actuarial Gains (Losses) I Balance at , I I I Year Ending Beginning Gain (Loss) Balance at 9/30 of Year Interest for Year 13th Check End of Year 2002 $ 0 $ 0 $ (4,227.408) $ 0 $ (4,:227,408) 2003 (4,227,408) (338,193) (5.398,187) 0 {9,963,788} 2004 (9,963.788) (797,103) (4.994,196) 229,585 (15,984,672) 2005 (15,984.672) (1,278,774) (1,174,319) 0 (18,437,765) ORDINANCE 06- AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING CHAPTER 18, ARTICLE II, DIVISION 4 OF THE CODE OF ORDINANCES OF THE CITY OF BOYNTON BEACH, FLORIDA TO AMEND SECTION 18-111, ENTITLED "NORMAL RETIREMENT," TO CLARIFY THE INTENT WITH RESPECT TO ISSUANCE OF A SUPPLEMENTAL BENEFIT; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on June 18, 2002, the City Commission adopted Ordinance No.. 02-026 providing a supplemental benefit for the participants of the General Employees' Pension Plan (the "Plan") in lieu of providing a cost of living increase to the retirees each year; and WHEREAS, the intent of the supplemental benefit was to provide a supplemental benefit, or 13th Check, to the retirees of the Plan in any year in which the net investment rate of return exceeds the assumed rate of return for the Plan; and WHEREAS, the supplemental benefit must comport to the regulations of Part VII of Chapter 112, Florida Statutes, which provides that the present value of any additional benefit may not exceed the net actuarial experience accumulated from all sources of gains and losses; and WHEREAS, pursuant to this requirement, the determination of when a supplement benefit payment will issue is an actuarial determination, as opposed to a financial determination; and Page 1 of5 JFK: 8-1-200618-22-06 S:\CA \Ordinances\Pension\General Employees Pension - 13th check amendment rev .doc WHEREAS, Plan participants mistakenly assumed that a supplemental check would issue in any year that the Plan realizes greater than an 8% return on investment without regard to total performance; and WHEREAS, it is the desire of the City Commission to amend the Plan, as recommended by the Board, to clarify this matter; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section I. The foregoing "WHEREAS" clauses are hereby certified as being true and correct and are incorporated herein by this reference. All exhibits attached hereto are hereby incorporated herein. Section 2. The City Commission of the City of Boynton Beach, Florida hereby amends Chapter 18, Article II, Division 4, Section 18-111 of the City Code of Ordinance ofthe City of Boynton Beach, entitled "Normal Retirement", as follows: Section IS-Ill. Normal Retirement. (e) Commencing October 1, 2001, in lieu of receiving a cost of living increase retirees may be eligible to receive a supplemental pension distribution payable by the following July 1 S\ the amount of which shall be determined as of September 30th of each year. The amount of the distribution is equal to the amount the net investment return exceeds the assumed rate of investment return divided equally among all participants whose benefit was in pay status as of the previous October 1 st. The amount of the distribution shall be the same for all eligible retired members regardless of years of service, age, years retired or amount of monthly benefit.. In no event shall the supplemental benefit exceed the average monthly benefit of those retirees receiving a monthly benefit calculated as of the previous October 1 st. Page 2 of5 JFK: 8-1-200618-22-06 S:ICA IOrdinances\PensionlGeneral Employees Pension - ] 3th check amendment rev .doc (1) The actuary for the Pension Fund shall' determine the rate of investment return earned on the Pension Fund assets during the twelve (12) month period ending each September 30th and shall be the rate reported in the most recent actuarial report. (2) The actuary for the Pension Fund shall, as of September 30th, determine the actuarial present value of future pension payments to current retirees. (3) The supplemental benefit shall not be paid in any year that the net investment return docs not exceed the assumed rate of inyestmcnt return. present value of such benefits does not exceed the net actuarial experience accumulated from all sources of gains and losses since this benefit was enacted. (4) If there shall be a supplemental distribution, the Board of Trustees shall authorize a supplemental pension distribution, unless the administrative expenses of distribution exceed the amount available for distribution. (5) The eligible persons to receive a supplemental distribution are retirees, including participants in the DROP, and their beneficiaries. (6) For members who participate in the DROP as provided in S18- 127 of the Plan, the supplemental pension distribution, if distributed, shall be deposited in the member's DROP account during their term of participation in the DROP. Section 3. It is the intention of the City Commission of the City of Boynton Beach that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City of Boynton Beach, Florida. The Sections of this ordinance may be renumbered, re-Iettered and the word "Ordinance" may be changed to "Section", "Article" or such other word or phrase in order to accomplish such intention. Page 3 of5 JFK: 8-1-2006/8-22-06 S:\CA \Ordinances\Pension\General Employees Pension - ] 3th check amendment rev .doc Section 4. All Ordinances or parts of Ordinances, Resolutions or parts of Resolutions in conflict herewith be and the same are hereby repealed to the extent of such conflict. Section 5. If any clause, section, or other part or application of this Ordinance shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part or application shall be considered as eliminated and so not effecting the validity of the remaining portions or applications remaining in full force and effect. Section 6. This Ordinance shall become effective when the following have occurred: (a) the City Commission has received and has accepted a report establishing the actuarial soundness of these amendments; (b) when a collective bargaining agreement ratifying the foregoing changes to pension benefits has been ratified by the City Commission and the General Employees' Pension Board of Trustees, or their successor organization; and ( c) a copy of this Ordinance is transmitted to the State of Florida Division of Retirement. Upon satisfaction of all of the above requirements, then in that event, the terms and provisions ofthis Ordinance shall become effective. Page 4 of5 JFK: 8-1-200618-22-06 S:\CA \Ordinances\Pension\General Employees Pension - 13th check amendment rev .doc FIRST READING this _ day of , 2006. SECOND, FINAL READING and PASSAGE this _ day of , 2006. CITY OF BOYNTON BEACH, FLORIDA Mayor - Jerry Taylor Vice Mayor - Carl McKoy Commissioner - Robert Ensler ATTEST: Commissioner - Mack McCray CITY CLERK (CORPORATE SEAL) Commissioner - Muir C. Ferguson Page 5 of5 JFK: 8-1-200618-22-06 S:\CA \Ordinances\Pension\General Employees Pension - 13th check amendment rev .doc Meeting Minutes Employees' Pension Plan Quarterly Meeting Boynton Beach, Florida August 18, 2006 Mr. Swanson will schedule the presentations at the December 1, 2006 quarterly meeting. C) Julie Klahr, Pension Attorney/Steve Palmquist, Actuary Ms. Klahr declared at the last meeting the board directed the drafting of an ordinance to modify the 13th Check provision to the effect that the decision to have a 13th Check would be made by the financial advisor instead of the actuary, to accelerate the process. After meeting with Jim Cherof, the City Attorney, they spoke with Mr. Palmquist, the actuary, who agreed having the financial advisor make this determination would circumvent the statutory requirements. The State statute provides: Actuarial experience may be used to fund additional benefits, provided that the present value of such benefits does not exceed the net actuarial experience accumulated from a/I sources of gains and losses. They also discussed the misconception that a 13th Check was payable in any year that the Plan realized greater than an 8% return on investment, without regard to total performance. Ms. Klahr incorporated the comments of the actuary in the draft ordinance, which was presented to the trustees attached to a letter from Mr. Cherof and Ms. Klahr on the topic. She brought it back to the board for review and discussion. Mr. Bressner asked what should trigger the 13th Check and who should do it. Ms. Klahr's office recommended havingthe actuary trigger the 13th Check and not the financial advisor. They also recommended the date of determination of the 13th Check not be changed unless it was done to clearly reflect that the determination must follow an actuarial determination and not the report on return rates by the financial advisor. Her office also recommended the Plan language be clarified to clearly express the legal requirement that a 13th Check was not based on a single year's rate of return but could only be issued when the present value of such benefits did not exceed the net actuarial experience accumulated from all sources of gains and losses. That recommendation was based upon the common but incorrect belief that an annual rate of return exceeding 8% in any given fiscal year would result in a 13th Check. Mr. Bressner was concerned about the time period as far as when the actuarial reports were available versus when the financial advisor report was available. The actuarial report would probably be a more conservative and cautious look at the situation. Ms. Klahr said that caution was not the only factor - it also had to comply with State requirements. The actuary would have to determine there had been a positive net experience before a 13th Check could be triggered. Mr. P~lImquist remarked the ordinance had been adopted in 2002. Mr. Bressner asked again about the timeline. Mr. Palmquist responded the Plan right now said if the investment return exceeds 8%, then something was payable to the retirees. The Statute allowed that, but the cumulative amount paid out from the time the provision was implemented may not exceed the cumulative amount of actuarial gains over that period. The gains from all sources, not just investments, had to be taken into consideration. The problem was that since that provision had gone into effect, cumulatively there had been large actuarial losses. Those losses, according to the statute, should prevent the Plan from paying the 13th Check until such time as they had actuarial gains that exceeded the losses they had accumulated since 2002. Mr. Bressner did not think it was probable that this would occur in the near future. 12 Meeting Minutes Employees' Pension Plan Quarterly Meeting !3~oY_'!to~~each-, _!:Iori<!a ~!l9lJ~~8, 200~~ Mr. Bressner asked Mr. Palmquist if the Plan had issued 13th Checks in error as a result of this statutory provision, and Mr. Palmquist responded that was the case. Mr. Palmquist displayed a table entitled "Gain or Loss Per Year." They had losses for the past four straight years. Ninety percent of that was due to the gradual recognition of the investment losses in 2001 and 2002, due to smoothing. All the losses were not recognized at once. Just like in the good years, they did not recognize all the gains at once. Mr. Bressner said the Pay Plan implementation would have an effect next year because there had been big increases across the board. Mr. Palmquist stated the table only looked backwards. When they started with the year in which the 13th Check ordinance passed (2002) and went through the analysis as approved by the State, there was $18M in the negative. According to this accounting, they could not payout a 13th check until future gains overcame that $18M loss. Mr. Bressner asked what the corrective action would be. Ms. Klahr responded what they wanted to do was amend the 13th Check ordinance so anyone reading it would understand they would not get a 13th Check because there was a good year. Ms. Klahr reviewed the proposed changes to the 13th Check ordinance. On page 2, line 17, the word "net" was stricken. Mr. Palmquist asked that be put back in. Mr. Palmquist stated he wanted to be clear they were talking about the net rate of investment rate of return for the year, meaning the return after subtracting investment expenses. Ms. Klahr agreed this would be put back in. The board concurred. On page 3, the words "net investment return does not exceed the assumed rate of investment return" were replaced with, "present value of such benefits does not exceed the net actuarial experience accumulated from all sources of gains and losses." Ms. Klahr declared they wished to add the phrase, "since this benefit was enacted" following that. The board agreed. Mr. Palmquist will keep this language in his annual report. Richard Stone, 4510 Nutmeg Tree Lane, Boynton Beach, retiree from the City of Boynton Beach, asked if there would be any way the retirees could benefit from the Fund performing greater than 8% in a given year. Mr. Palmquist replied they could, if they had a return of $20M over expectations. The only other way to do it was some kind of automatic cost of living adjustment, but that would cost a lot of money. Motion Mr. Bressner moved the 13th Check ordinance be finalized with the language changes agreed to and submitted to the City Commission for approval. Mr. MacIntyre seconded the motion that passed 5-0. Mr. Stone asked if the Fund had been in the negative by $18M, and the response was that it had been, actuarially speaking. Mr. Palmquist stated that the situation was due primarily to investment returns in 2001 and 2002. The smoothing method contributed. Also, Mr. Bressner commented the recent payroll changes would impact the Pension Fund this year and next year, as the MGT Study was implemented. Mr. MacIntyre asked if this were the last year of the smoothing and Mr. Palmquist responded the 2001 and 2002 losses were not fully realized 13 Meeting Minutes Employees' Pension Plan Quarterly Meeting Boynton Beach, Florida August 18, 2006 through September 30, 2005. Starting with the next report, this would no longer be an issue. Mr. Bressner remarked this year's contribution from the General Fund and the Utilities Fund into the General Employees' Pension Fund subsidized the loss from the Pension Fund. That number had gone down some this year. All the Pension Funds had suffered during this period. Mr. Bressner added that next year, they would have the impact on the actuarial expense side that was going to be triggered by the salary increases. V. Correspondence 1) Alliance Bernstein - 2nd Quarter 2006 Proxy Report This was included for the members' information. VI. Old Business 1) Expired term on Trustee Position, Minutes of June 9, 2006 - Status Ms. Lejeune referred to a letter in the agenda packet stating there had been no nominations for her expired trustee position. At the June 6 meeting, the board agreed they would informally try to interest someone in the position. Ms. Lejeune spoke with Michael low, the new Deputy Director of Operations in Utilities, and discovered he had extensive pension experience from previous employment. His resume was attached. Motion Ms. Lejeune made a formal nomination of Michael Low to replace her on the Pension Board. Ms. Kruse seconded the nomination. The motion passed 4-0 (Mr. Bressner was out of the room. ) Mr. Low mentioned he was willing to serve and~ was welcomed to the board as a trustee to commence with the next regularly scheduled meeting. Mr. Stone asked about the process whereby Mr. Low was made a trustee. Ms. Klahr advised him the board had adopted procedures where if there were only one nomination, they would appoint that individual. Ms. Lejeune confirmed a notice had gone out and no one had come forward to express interest in the position. She added this was not the position the City Commission appointed. There was another position that was still open that the Commission appointed and that had been tabled. 2) Resource Center - Review and Discussion (tabled from June 9, 2006 meeting) Ms. Lejeune remarked this was the firm that made a presentation about outsourcing the Pension Administrator's duties. Motion Mr. Bressner moved to table the Pension Resource Center discussion to the next meeting. Ms. Lejeune seconded the motion that passed 5-0. 14 :~;<r, ' , ,'-) b. ~--~ ~~>{ ~k _:::",~,,"_~?/.../.;;O XII. - LEGAL - 2nd Reading Non-Development ITEM B.3 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM. Requested City Commission Date Final Form Must be Turned Requested City Commission Dale Final Form Must be Turned Meeting Dates in to City Clerk's Offict; Meeting Dates in to City Clerk's Office D August I, 2006 July 17,2006 (Noon.) ~ October 3, 2006 September I g, 2006 (Noon) D D AN~ Rd,.. August 15, 2006 July 31, 2006 (Noon) October 17, 2006 October 2, 2006 (Noon) 0 September 6, 2006 August 14,2006 (Noon) D November g, 2006 October 16,2006 (Noon) r.J September 19,2006 September 5, 2006 (Noon) D November 21, 2006 November 6, 2006 (Noon) 0 AnnouncementslPresentations D City Manager's Report NATURE OF D Administrative 0 New Business AGENDA ITEM D Consent Agenda [8J Legal D Code Compliance & Legal Settlements 0 UnfInished Business D Public Hearing D RECOMMENDATION: Approve Ordinance # and creating a Small/Minority Business Enterprise Program amending the City of Boynton Beach Code of Ordinances EXPLANATION: Pursuant to the July 28, 2006 City Commission, workshop staff was charged with the task of developing a Small/Minority Business Program that could benefit the City and making a recommendation to the City Commission outlining a program specifically designed for the City of Boynton (see "attachment A" proposed ordinance). The City Commission recognized that proactive steps must be taken to help ensure that local Small and Minority Business Enterprises thrive and continue to benefit the community economically and socially.. Moreover, the City should commit the necessary time, human resources, and financial support to achieve the program goals and objectives. Commitment to this program is best demonstrated by enacting legislation to create a local 5MBE Program that sets forth the policies, operating procedures, and program benefits to help ensure the utilization and success of such businesses. Proposed sections of new Ordinance: Sec. 2-201 General Sec. 2-202 Policy Statement Sec. 2-203 Defmitions Sec. 2-204 Program Administration Sec. 2-205 Equal Opportunities Sec. 2-206 Program Eligibility Sec. 2-207 Goals Sec. 2-208 Counting Participation ofSMBE's Sec. 2-209 Contract Pre-Award Compliance Procedures Sec. 2-210 Good Faith Efforts Sec. 2-211 Contracts Sec.. 2-212 Contract Performance Compliance Procedures Sec. 2-213 Contract Language RequiTed Sec. 2-214 Penalties Sec. 2-215 5MBE Program Advisory Board Sec. 2-216 Annual Program Review Sec. 2-217 Notice Sec. 2-218 Severability S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Sec. 2-219 Waiver Sec. 2-220 Limitation of Remedy PROGRAM IMP ACT: The creation of a program whereby small/minority businesses desiring to do business with the City can do so in an equitable maIlller. The program would include implementation ofrace and gender neutral measures to facilitate the participation ofSMBE's in City contracting and procurement activities. The goal of the program would be to facilitate increased participation of 5MBE' s in contracting and procurement opportunities with the City through education and training, increase the diversity of businesses utilized by the City for the procurement of goods and services to be more representative of the business community at large, promote local business start-ups, retention and expansion, and to provide business services that grow the local small/minority business community. The proposed ordinance also creates an 5MBE Advisory Board appointed by the City Connnission to advise the Connnission on issues and concerns relative to the ]ocal small and minority business community, develop strategies to address the issues and concerns, develop and implement outreach programs designed toassist small and minority owned businesses to succeed. The City will utilize our partnership with the Greater Boynton Beach Chamber of Commerce to access their resources, and bring these programs to fruition. FISCAL IMPACT: Proposed 2006-07 budget *CollSultant Software Travel Miscellaneous $20,000.00 ] 5,000.00 5,000.00 2,500.00 $42,500.00 *Professiona] services to provide a need assessment for the City and provide technical assistance in establishing the 5MBE program. ALTERNATIVES: Not to approve staff's recommendation and continue status quo, without programs designed to increase participation in City contracting and procurement opportunities by SmaI1/Minority iness Enterprises. Department Name ~~~/*'~ Assist Direct of Fin any Procurement Service S\I3ULLETJN\FORMS\AGENDA ITEM REQUEST FORM DOC 1 2 ORDINANCE NO. 06- 3 4 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 5 FLORIDA AMENDING CHAPTER 2, 6 ADMINISTRA TION OF THE CODE OF ORDINANCES 7 TO ADD A NEW ARTICLE XV; SMALL AND 8 MINORITY BUSINESS ENTERPRISES; ESTABLISHING 9 A PROGRAM TO ASSIST SMALL AND MINORITY 10 BUSINESS ENTERPRISES IN COMPETING FOR AND 11 BEING AWARDED CITY CONTRACTS; 12 EST ABLISmNG PROCEDURES FOR DESIGNATION 13 OF SMALL AND MINORITY BUSINESS ENTERPRISE 14 STATUS; AUTHORIZING ADMINISTRATIVE ACTION 15 TO IMPLEMENT, ADMINISTER AND MONITOR 16 PROGRAM GOALS; PROVIDING FOR CONFLICTS, 17 SEVERABILITY, CODIFICATION AND AN EFFECTIVE 18 DATE. 19 20 WHEREAS, the City Commission finds that it is in the best interests of the City to create a 21 program whereby business desiring to do business with the City can do so in an inclusive and 22 equitable environment; and 23 24 WHEREAS, The program would include implementation of race and gender neutral measures 25 to facilitate the participation of small and minority business enterprises (SMBE) in City 26 contracting activities, recruitment, certification, and maintenance of data bank, business 27 development, City project compliance, monitoring, and reporting. In addition, staff 28 recommends establishing a business advisory board. It would be the responsibility of City staff 29 to support the Advisory Board and coordinate activities. 30 31 Section 1. The foregoing whereas clauses are true and correct, and are now ratified by the 32 City Commission. 33 Section 2. Chapter 2, Administration, of the Code of Ordinances is amended to add a new 34 Article XV, titled Small/Minority Business Enterprises as follows: 35 36 ARTICLE XV 37 Sec. 2-201. General. 38 39 (a) This Article establishes the City's Small and Minority Business Enterprise Program. 40 41 Sec. 2-202. Policy statement. 42 S:\CC\WP\ORDINANCES\2006\SmalJ minority business enterprises clean (3) (2).doc 1 1 (a) The policy of the City is that all businesses be afforded an opportunity for full 2 participation in the City's system for the procurement of goods, services or 3 construction projects. 4 (b) It is the policy of the City to provide equal opportunities for City contracting for 5 small businesses owned by socially and economically disadvantaged persons doing 6 business in the City's contracting marketplace.. 7 (c) It is the policy of the City to prohibit discrimination against any business in pursuit of 8 these opportunities, to conduct its contracting activities so as to prevent 9 discrimination in the solicitation or award of public contracts or the acquisition of 10 goods and services. 11 (d) It is declared to be the policy of the City to take all necessary, reasonable and legal 12 action to prevent discrimination, be it direct or indirect, in its procurement process; to 13 ensure that all businesses, including small businesses, are afforded the maximum 14 opportunity to participate in the City's procurement process; and to establish a 15 recordkeeping system to monitor small business participation in procurement.. 16 17 18 Sec. 2-203. Definitions. 19 20 The following words as used in this chapter have the indicated meanings: 21 22 Affiliation means a relationship between two (2) or more businesses which one business 23 controls or has the power to control the other, or a third party or parties controls or has the 24 power to control both, or an identity of interests exists between such businesses. In 25 determining affiliation, the City shall consider all appropriate factors, including common 26 ownership, common management, contractual relationships and shared facilities. Affiliates 27 must be considered together in determining whether a business is a small business enterprise. 28 29 Annual participation goals mean the targeted levels established by the City for the annual 30 aggregate participation in City contracts of small/minority business enterprises S/MBE. 31 32 Bid means the offer to furnish goods or services, including formal and informal bids, and 33 responses to requests for proposals qualifications. 34 35 Bidder means a person that has submitted a bid to the City. 36 37 Brokering means filling orders by purchasing or receiving supplies from a third party 38 supplier rather than out of existing inventory, and providing no commercially useful function 39 other than acting as a conduit between a supplier and a customer. 40 41 City manager means the City manager of the City of Boynton Beach or his or her designee. 42 43 44 45 City's contracting marketplace means the geographic and procurement areas in which the 46 City contracts on an annual basis. S:\CC\ WP\ORDINANCES\2006\Small minority business enterprises clean (3) (2).doc 2 1 2 Commercially useful function means a function which results in the provision of needed 3 materials, supplies, equipment or services to the City. A small business must demonstrate 4 expertise in the commodity area that they are supplying and those commodity area must be 5 identified and listed in the certification approval letter. Acting merely as a conduit to transfer 6 funds to another business does not constitute a commercially useful function. 7 8 Contract means any written agreement or purchase order through which the City procures 9 goods or services. 10 11 Contractor means a person that has a contract with the City to provide goods or services. 12 13 Controlled, for the purposes of determining whether a business is a minority or woman- 14 owned business, means the minority, the woman or combination of minorities and women, as 15 the context requires, who: 16 17 (1 ) Possesses legal authority and power to manage business assets, goodwill and 18 daily operations of the business; and 19 (2) Actively and continuously exercises such authority and power in determining the 20 policies and directing the operations of the business. The term "controlled" for the 21 purposes of determining whether a business is a small business shall mean that no 22 large business: 23 a. Possesses legal authority and power to manage business assets, goodwill 24 and daily operations of the business; and 25 b. Actively and continuously exercises such authority and power In 26 determining the policies and directing the operations of the business. 27 28 Debarment means the exclusion for cause of a vendor or contractor from bidding and/or 29 doing business with the City. 30 31 Director means the City Manager or those individuals or departments designed to administer 32 all or part of the small/minority business enterprise program. 33 34 Economically disadvantaged means an individual whose personal net worth is less than 35 $750,000.00. 36 37 Emergency procurement, as authorized by the City Manager, means a procurement made 38 in response to a requirement when a delay caused by complying with all governing rules, 39 regulations and/or procedures would be detrimental to the interests, health, safety or welfare 40 of the City. 41 42 Expertise means demonstrated skills, knowledge or ability to perform in the field of 43 endeavor in which certification is sought by the business as defined by normal industry 44 practices, including licensure where required. 45 S:\CC\WP\ORDINANCES\2006\Small minority business enterprises clean (3) (2).doc 3 1 Good faith efforts means actions that the City finds are suflicient to meet the standards 2 hereinafter set forth in section 2-210 which provides for contract pre-award compliance 3 procedures.. 4 5 Goods means apparatus, materials, supplies and equipment. 6 7 Joint venture means an association of two (2) or more persons, or any combination oftypes 8 of business enterprises and persons numbering two or more, proposing to perform a single for 9 profit business enterprise, in which each joint venture participant contributes property, capital, 10 efforts, skill and knowledge, and in which the S/MBE is responsible for a distinct, clearly 11 defined portion of the work of the contract with the City and whose share in the capital 12 contribution, control, management, risks, and profits of the joint venture are commensurate 13 with its ownership interest. Joint ventures must have an agreement in writing specifying the 14 terms and conditions of the relationships between the joint venture participant and their 15 relationship and responsibility regarding to the contract with the City. 16 17 Large business means a business that does not meet the definition of small business as 18 defined in this article. 19 20 MB means a minority-owned business. 21 22 Minority person means an individual who is a citizen or lawful permanent resident of the 23 United States who is: 24 25 (1) An African American, a person having origins in any of the black racial groups of 26 Africa; 27 (2) A Hispanic American, a person of Spanish or Portuguese culture who has origins 28 in Central or South America, or the Caribbean, regardless of race; 29 (3) An Asian American, a person having origins in any of the original peoples of the 30 Far East, Southeast Asia, the Indian subcontinent, or the Pacific Islands;; 31 (4) A Native American, a person who has origins in any of the Indian tribes of North 32 America prior to 1835; or 33 (5) A female 34 35 Owned, for the purposes of determining whether a business is a minority or woman-owned 36 business, means that the minorities or women, as the context requires, shall possess an 37 ownership interest of at least 51 percent. The term "owned," for the purposes of determining 38 whether a business is a small business, shall mean that no large business shall possess an 39 ownership interest in excess of 49 percent. 40 Participation plan means the list of 5MBESMBE that the bidder commits will be utilized, 41 their scopes of work, and dollar value or the percentage of the project or the scopes of work of 42 the contract they will perform. 43 44 Personal net worth means the net value of the assets of an individual after totalliabilities are 45 deducted. An individual's personal net worth does not include the individual's ownership 46 interest in the applicant and the individual's equity in his or her primary place of residence. S:\CC\WP\ORDINANCES\2006\SmaIl minority business enterprises clean (3) (2).doc 4 1 An individual's personal net worth includes his or her share of assets held jointly with the 2 individual's spouse.. Property held by the entireties is deemed to be owned equally by the 3 spouses. 4 5 Practicable means reasonably capable of being accomplished. 6 7 Prime contractor means any person or business entity who has a contract with the City. 8 9 Procurement code means the City's procurement code set forth in this chapter, as it may be 10 amended from time to time. 11 12 Procurement goals means goals expressed as percentages of the total dollar volume for 13 participation of small businesses on individual bids, proposals, resulting work authorizations, 14 purchase orders (pas) or City contracts. 15 16 Professional services means any narrow discipline wherein a known practitioner has, 17 through education and experience, developed expert advisory and programming skills as a 18 vocation, any service performed primarily by vocational personnel which requires the 19 certification of a professional before the services are acceptable to the user of the service, or 20 any other advisory study or programming activity where the procurement official determines 21 that the level of skills and/or creativity of the potential or known practitioner warrant a 22 solicitation process other than the competitive bid process. 23 24 Program means the equal business opportunity (EBO) program. 25 Project specific goals means the goals established for a particular project or contract based 26 upon the availability of 5MBEs in the scopes of work of the project, delineated into 27 percentages of 5MBEs owned by blacks and women. 28 29 Proposal means an executed formal document submitted to the City stating the goods, 30 services and/or construction offered to satisfy the need as requested in the requisition, request 31 for proposal, request for information or request for qualifications. 32 33 Quotation means any oral or written offer as a result of an informal request by a vendor to 34 the City to furnish specific goods, services and/or construction at a stated price. 35 36 Request for quotation means a request, either oral or written, to solicit prices for specific 37 goods, services and/or construction. 38 39 40 SED means socially disadvantaged and economically disadvantaged. 41 42 Services means the furnishing primarily of labor, time and/or effort by a contractor, wherein 43 the provision of goods or other specific end products other than reports, studies, plans, 44 advisories, contractual documents or other documents, relating to the required performance is 45 incidental or secondary. This term "services" shall not include construction or employment 46 agreements. S:\CC\WP\ORDINANCES\2006\SmaIl minority business enterprises clean (3) (2).doc 5 I 2 Small business means a person or business that: 3 4 (1) Is domiciled in Palm Beach County which is an independently owned and 5 operated business concern organized to engage in commercial transactions and whose 6 adjusted gross margin and number of employees, including those working in all 7 offices or locations, does not exceed the following: 8 a. In construction, the annual adjusted gross margin less than $3,000,000.00 9 (averaged over the previous three years, or if in business, less than three years, 10 averaged during duration of business), and does not employ more than 30 full- 11 time employees. 12 b. In commodities, the annual adjusted gross margin less than $1,500,000.00 13 (averaged over the previous three years, or if in business, less than three years, 14 averaged during duration of business), and does not employ more than 30 full- 15 time employees. 16 c. In professional services, the annual adjusted gross margin less than 17 $2,000,000.00 (averaged over the previous three years, or if in business, less 18 than three years, averaged during duration of business), and does not employ 19 more than 30 full-time employees. 20 (2) Meets the certification criteria set forth in this article. 21 (3) The limits described in subsections (l)a., b. and c. above shall apply to all small 22 businesses certified by the City (or other entity as heretofore listed) as of October I, 23 2003. 24 25 26 27 Small business enterprise (SBE) means a small business concern meeting the size standards 28 established by the City or a federal, state, county, or local school board agency under similar 29 programs. 30 31 32 Small business listing means a supplier list of certified small businesses approved by the 33 City Manager and made available to contractors or vendors for use in identifying 34 subcontractors and material suppliers. 35 36 Small minority business enterprise (SIMBE) means a business, including a sole 37 proprietorship, partnership, corporation, limited liability company, joint venture or any other 38 business or professional entity: 39 40 (1) Which is at least fifty-one (51) owned by one (1) or more socially and 41 economically disadvantaged individuals, or in the case of a publicly owned business, 42 at least fifty-one (51) percent of all classes of the stock of which is owned by one or 43 more socially and economically disadvantaged individuals; 44 (2) Whose management, policies, major decisions and daily business operations are 45 independently managed and controlled by one (1) or more socially and economically 46 disadvantaged individuals; S:\CC\WP\ORDINANCES\2006\SmalI minority business enterprises clean (3) (2).doc 6 1 (3) Which is small business enterprise; 2 (4) Which has a physical location from which to engage in for profit activities in the 3 scope(s) of expertise ofthe in the City's marketplace; and 4 (5) Which is certified as a 5MBE by the City of Boynton Beach, the State of Florida, 5 Palm Beach County, the School Board of Palm Beach County, or any other 6 municipality, notwithstanding the terminology used to designate the enterprise. 7 8 9 Socially disadvantaged means an individual who has been subjected to racial or ethnic 10 prejudice or cultural bias within American society because of his or her identity as a member 11 of a group and without regard to individual qualities. Social disadvantage must stem from 12 circumstances beyond the individual's control. A socially disadvantaged individual must be a 13 citizen (or lawfully admitted permanent resident) of the United States who is either: 14 (1) Black/African-American, which includes persons having origins in any of the 15 black racial groups of Africa; 16 (2) Female; or 17 (3) Any individual found by the City on a case-by-case basis to have been subjected 18 to racial or ethnic prejudice or cultural bias within American society because of his or 19 her identity as a member of a group, without regard to individual qualities. Social 20 disadvantage must stem from circumstances beyond the individual's control. Evidence 21 of social disadvantage must include: 22 a. At least one (1) objective, distinguishing feature that has contributed to 23 social disadvantage, such as disability, long-term residence in an environment 24 isolated from the mainstream of American society or other similar barriers not 25 common to individuals who are not socially disadvantaged; 26 b. Personal experiences of substantial and chronic social disadvantage in 27 American society, not in other countries; and 28 c. Negative impact on entry into or advancement in the City's contracting 29 marketplace and participating on City contracts because of the disadvantage, as 30 demonstrated by the individual's education, employment and business history. 31 32 33 34 35 36 Subcontractor means any person providing goods, services and/or construction to a prime 37 contractor for profit, if such goods, services and/or construction are procured or used in 38 fulfillment of the prime contractor's obligations arising from a contract with the City, 39 excluding providers of goods directly acquired by the City. 40 41 User department means the department of the City that the City manager designates as 42 responsible for initiating the procurement process. 43 44 Vendor means an actual or potential supplier of goods, services and/or construction. 45 46 WB means a woman-owned business. S:\CC\WP\ORDINANCES\2006\Small minority business enterprises clean (3) (2).doc 7 I 2 Sec. 2-204. Program Administration. 3 4 (a) The City Manager shall administer the City's SmalVMinority Business Enterprise 5 program. 6 (b) The City Manager is authorized to: 7 8 (I) Adopting rules for the implementation and monitoring of the program and to 9 incorporate those rules into the City's procurement code. 10 (2) Develop a system to inform S/MBEs of City contracting opportunities. 11 (3) Providing information and staff assistance to 5MBEs relating to City procurement 12 practices and procedures, and bid specifications, requirements, and prerequisites. 13 (4) Maintain a list of business that are certified as 5MBEs and maintain that list in a 14 5MBE availability data bank. 15 (5) Establish project specific goals. 16 (6) Evaluate bidders' and contractors' achievement of project specific goals or good 1 7 faith efforts to meet project specific goals. 18 (7) Direct his/her administrative staff to monitor contracts to facilitate prompt 19 payments to 5MBEs and compliance with project specific goals and commitments. 20 (8) Receive, review, and act upon complaints and suggestions concerning the 2 I program. 22 (9) Collect and maintain data through software systems in order to report on 23 compliance with the article and monitor and report on utilization of minority and 24 woman-owned business as compared to their availability. 25 (10) Monitor and report on the program and the City's progress towards the annual 26 participation goals. 27 (11) Prepare an annual budget detail that allocates resources, including budget and 28 staff to carry out the mandates of this article. 29 (12) Delegate all or part of the responsibilities listed herein. 30 31 (c) The City staff or City departments which receive appropriate delegation for project 32 management, contract management, and/or construction and/or design contract responsibility 33 shall have the following duties and responsibilities with regard to the program: 34 35 (1) Assisting with setting project specific goals. 36 (2) Assisting in the identification of available 5MBEs, and providing other assistance 37 in meeting the annual participation and project specific goals. 38 (3) Performing other activities to support the program. 39 (4) Gathering and maintaining subcontracting data for those contracts which they 40 manage. 41 (5) Submitting subcontracting data to the City Manager. 42 (6) Managing contracts in a consistent manner to facilitate contract compliance in 43 utilization of 5MBEs. 44 (7) Submitting to the City Manager, on or before the beginning of each fiscal year, 45 the administrator's or department's annual 5MBE contracting goal based upon a S:\CC\WP\ORDINANCES\2006\Small minority business enterprises clean (3) (2).doc 8 1 project identification survey listing all upcoming projects, estimating the probable 2 monetary value, the projected bid advertisement date and the necessary qualifications. 3 (8) Department directors shall, whenever practicable: 4 5 a. Separate discrete and unconnected work elements from projects for 6 separate contracts, where separation will not cause substantial adverse fiscal, 7 administrative, or legal impact; 8 b. Divide procurements into component parts or work elements on a report so 9 that the City Manager can determine which small businesses are available to 10 participate as subcontractors; and 11 c. Establish delivery schedules that do not discourage small or large business 12 participation, especially, in master agreements. 13 14 15 Sec. 2-205. Equal opportunities 16 17 The City shall develop and use race- and gender-neutral measures to facilitate the 18 participation of 5MBEs in City contracting activities. These measures shall include, but are 19 not limited to: 20 21 (1) Arranging solicitation times for the presentations of bids, quantities, 22 specifications, and delivery schedules so as to facilitate the participation of interested 23 persons. 24 (2) Providing timely information on contracting procedures, bid preparation, and 25 specific contracting opportunities. 26 (3) Holding pre-bid conferences, where appropriate, to explain the projects and to 27 encourage potential bidders to solicit available S/MBEs as subcontractors or as joint 28 venture participant. 29 (4) Adopting prompt payment procedures, including requiring by contract that 30 contractors pay their direct subcontractors within a stated period of receipt of payment 31 from the City, subject to appropriate exceptions. 32 (5) Reviewing bonding and insurance requirements to eliminate unnecessary barriers 33 to contracting with the City. 34 (6) Maintaining a bidders list, consisting of all persons bidding on City prime 35 contracts and bidding or quoting on City-funded subcontracts. 36 (7) Providing technical assistance, which may include: 37 a. A surety bonding assistance and support program to provide access to 38 surety bonding and contract fmancing. 39 b. A mentor-protege program. 40 41 42 Sec. 2-206. Program eligibility. 43 44 Only a business that is managed and controlled by socially or economically 45 disadvantaged(SED) owners may be certified as a S/MBE, provided: 46 S:\CC\WP\ORDINANCES\2006\SmaJl minority business enterprises clean (3) (2).doc 9 1 (1) A business must not be subject to any formal or informal restrictions that limit the 2 discretion of the SED owner(s). There can be no restrictions through corporate charter 3 provisions, by-law provisions, contracts or any other formal or informal devices that 4 prevent the SED owner(s), without the cooperation or vote of any non-SED person, 5 from making any business decision of the business. 6 (2) The SED owner( s) must possess the power to direct or cause the direction of the 7 management and policies of the business and to make day-to-day as well as long-term 8 decisions on management, policy and operations. 9 (3) The SED owner(s) may delegate various areas of the management, policymaking 10 or daily operations of the business to persons who are not SED. Such delegations of 11 authority must be revocable, and the SED owners must retain the power to hire and 12 fire any such person. The SED owners must exercise control over the business's 13 operations, work, management and policies. 14 (4) The SED owner(s) must have an overall understanding of, and managerial and 15 technical competence, experience and expertise, directly related to the business's 16 operations and work. The SED owner(s) must have the ability to intelligently and 17 critically evaluate information presented by other participants in the business's 18 activities and to make independent decisions concerning the business's daily 19 operations, work, management, and policymaking. 20 (5) If any law requires the owners to have a particular license or other credential to 21 operate, own and/or control a certain type of business, then the SED owner(s) must 22 possess the required license or credential. If the law does not so require, that the 23 owner(s) lacks such license or credential is a factor in determining whether the SED 24 owner(s) actually controls the business. 25 (6) A SED owner cannot engage in outside employment or other business interests 26 that conflict with the management of the business or prevent the owner from devoting 27 sufficient time and attention to the affairs of the business to manage and control its 28 activities. 29 30 (d) Only an independent business may be certified as a S/MBE. An independent business is 31 one whose viability does not depend on its relationship with another business. Recognition of 32 an applicant as a separate entity for tax or corporate purposes is not necessarily sufficient to 33 demonstrate that a business is independent. In determining whether an applicant is an 34 independent business, the City manager will: 35 (1) Scrutinize relationships with non-S/MBEs in such areas as personnel, facilities, 36 equipment, financial and/or bonding support, and other resources. 37 (2) Consider whether present or recent employer/employee relationships between the 38 SED owner(s) of the applicant and non-SMBEs or persons associated with non- 39 5MBEs compromise the applicant's independence. 40 (3) Examine the applicant's relationships with non-SMBE prime Contractors to 41 determine whether a pattern of exclusive or primary dealings with a prime contractor 42 compromises the applicant's independence. 43 (4) Consider the consistency of relationships between the applicant and non-SMBEs 44 with normal industry practice. S:\CC\WP\ORDINANCES\2006\Small minority business enterprises clean (3) (2).doc 10 1 ( e) In order to be certified as an 5MBE, a business must be a small business enterprise and 2 must have a physical location, in the City's contracting marketplace, "from whiCh it engages in 3 for-profit activities in the scope(s) of its expertise. 4 (f) An applicant shall be certified only for specific types of work in which the SED owner(s) 5 has the ability and expertise to manage and control the business's operations and work. 6 (g) The City shall certify the eligibility of joint ventures in which the joint venture 7 participant are 5MBEs and non-SMBEs. 8 (h) In lieu of conducting its own investigation to determine whether an applicant is eligible 9 for certification, the City may consider a formal certification by another entity to determine 10 whether the applicant meets the requirements of the program, provided that the City manager 11 determines that the certification standards of such entity are comparable to those of the City. 12 (i) Where federal or state law or regulations or any agreement between the City and a federal 13 or state agency requires different eligibility standards, the applicable federal or state standards 14 shall apply, including, if applicable, the regulations promulgated by the United States 15 Departments of Transportation and Housing for contracts involving federal funds. Where the 16 City is to receive, apply, administer, or use funds from the federal government or the state 17 government or any entity, agency, or grantee of either ofthem, if the City is required to apply 18 a disadvantaged business program or program whose purposes are to help ensure 19 opportunities for small businesses owned by socially and economically disadvantaged 20 persons, that other program, instead of this chapter, shall apply in the award and 21 administration of the contract. 22 (j) The certification status of all 5MBEs shall be reviewed biannually by the City manager. 23 Failure of a 5MBE to seek recertification by filing the necessary documentation with the City 24 manager within ninety (90) days from the date of receipt of written notice shall result in 25 decertification. 26 (k) It is the responsibility of the 5MBE to notify the City manager of any change in its 27 circumstances affecting its continued eligibility for the program. Failure to do so within a 28 reasonable time ofthe change may result in the business's decertification. 29 (I) The City manager shall decertify a business that does not continuously meet the eligibility 30 criteria. 31 (m) A business whose average annual gross receipts exceed the size standards for SBEs for 32 three (3) consecutive years shall graduate from the program. 33 (n) The City manager may decertify a 5MBE that repeatedly fails to respond to requests for 34 quotations from bidders who timely solicit participation on a contract, attend relevant pre-bid 35 conferences, or honor bids in good faith. 36 (0) A business that has be~n denied certification or recertification or been decertified may 37 protest the denial or decertification as follows: 38 (1) Within (7) days of receipt of denial of certification or recertification, or notice of 39 intent to decertify, the business may protest such action in writing to the City manager. 40 (2) A hearing shall be held by the City manager at which the business may present 41 additional facts and evidence in support of its eligibility. The City manager shall 42 control all aspects of the hearing, including scheduling, conduct, witnesses, and 43 evidence, and may request the attendance of witnesses and production of documents. 44 The applicant's failure to comply promptly with these requests may be grounds for 45 denial of relief sought by the applicant. S:\CC\WP\ORDINANCES\2006\SmaIl minority business enterprises clean (3) (2).doc 11 1 (3) The City manager shall send notice of the written decision to the business within 2 thirty (30) days of the hearing. The City manager's decision shall be final. 3 (P) A business found to be ineligible cannot apply for certification for one year after the 4 effective date of the final decision. 5 6 7 Sec. 2-207. Goals 8 9 (a) Annual goal. Small business partIcIpation goals will be set on a procurement by 10 procurement basis as set forth in this article. At the request of the City commission, but no 11 less than on an annual basis, the City Manager shall provide a formal report on small business 12 utilization and availability data to the City commission. Upon evaluating such data, the City 13 commission may establish or revise an annual participation goal for the next fiscal year. 14 (b) Annual budget detail. Each department shall, by no later than October I, provide the 15 City Manager with its annual budget detail. The City Manager shall compile a prospective 16 procurement list based on the annual budget detail received from the individual departments 17 and make these listings available to the City Commission for their use and consideration in 18 establishing procurement goals and to SMDEs for the purpose of providing them with 19 advance notice of upcoming opportunities. 20 (c) Goals for procurements over twenty-five thousand dollars. Specific goals for each bid or 21 proposal shall be adopted on a procurement by procurement basis. 22 (1) Criteria for bid or proposal goal establishment. In setting bid or proposal goals, 23 the following factors shall be considered: 24 a. The type of work required; 25 b. The contracting and subcontracting opportumtIes for small businesses, 26 including support and ancillary services, and the number of certified small 27 businesses available in comparison with other registered vendors; 28 c. Past and current experience of the City in meeting its goal and the results 29 and reasons therefore; and 30 d. Special circumstances relating to the procurement including, but not 31 limited to, scheduling constraints. 32 (d) The department responsible for the procurement shall prepare a report that identifies its 33 various components. The report will be submitted to the City Manager outlining the potential 34 contracting and subcontracting opportunities and the estimated percentage that each bears to 35 the total bid, proposal, work authorization, or procurement. The report shall show the scope of 36 the work for each component that has potential for being subcontracted and the qualifications 37 required of the subcontractor to do the work if they are not evident in the scope of work. The 38 report shall also identify if the procurement has any other specific requirements such as may 39 be imposed by a federal/state grant. The report is forwarded to the City Manager.. 40 (e) The City Manager then compares the report against the listing of certified small business 41 vendor database to determine the availability of small businesses qualified to do the work in 42 each potential subcontract component, reviews the listing of other vendors and calculates the 43 goal for each bid, proposal and work authorization. Upon calculating the goal, the City 44 Manager shall provide the completed a report, the list of qualified small business vendors and 45 the list of other vendors to the procurement official. the department responsible for the S:\CC\WP\ORDINANCES\2006\Small minority business enterprises clean (3) (2).doc 12 1 procurement, and all members of the goal setting team. The individual goal approved by the 2 City Manager shall become final. 3 (f) No individual procurement goal for small business participation may exceed 50 percent. If 4 there are no available certified small businesses for the procurement, no goal will be 5 established. 6 (g) The established goal shall be applied to the full monetary value of the procurement; no 7 portion of the procurement is exempt from consideration in determining whether the goal was 8 met or not. 9 (h) In case of a certified small business submitting a bid as a prime contractor, the small 10 business is credited with meeting the percentage of the procurement goal that the small 11 business will perform with its own forces plus the percentage of subcontractors awarded to 12 other certified small businesses. 13 (i) A single purpose joint venture or partnership consisting of a small business where the 14 small business owns and controls at least 51 percent of the entity and a non-small business, 15 functioning as a prime contractor, will be credited with small business participation on the 16 basis of percentage of ownership, participation in the work, risk and profit by the small 17 business. 18 (;) Bidders or proposers will receive credit for small business participation goal attainment 19 only for subcontractors who are certified and licensed, if required, in the specific area of 20 expertise for which credit is sought at the time of bid or proposal opening. 21 (k) Quotes for small procurements valued at $2,500.00 to $25,000.00. Whenever 22 practicable, the procurement official shall obtain quotes from small businesses when they are 23 listed on the computerized supplier lists by NIGP codes. 24 (1) Procurement card and other purchases valued at less than twenty-five hundred dollars. 25 The procurement official shall encourage the use of small businesses. 26 (m) For procurements using requests for proposals, the procurement official or, if applicable, 27 evaluation team established to evaluate the proposals, shall consider compliance with the 28 small business goals as a material criterion for selection, i.e., such goals shall be given 29 significant weight. 30 31 32 33 Sec. 2-208. Counting participation of 5MBEs. 34 35 (a) 5MBEs that are owned by SED persons who are not blacks or women may be counted by 36 the bidder towards either 5MBE goal. 3 7 (b) The entire amount of that portion of a construction contract that is performed by the 38 5MBE's own forces shall be counted, as well as the cost of goods obtained or leased by the 39 5MBE for the work of the contract (except goods the 5MBE subcontractor or joint venture 40 partner purchases or leases from the prime contractor or its affiliate). 41 (c) The entire amount of fees or commissions charged by a 5MBE for providing a bona fide 42 service, such as professional, technical, consultant or managerial services, or for providing 43 bonds or insurance specifically required for the performance of a contract, shall be counted, 44 provided the fee is reasonable and not excessive as compared with fees customarily charged 45 for similar services. S:\CC\WP\ORDINANCES\2006\Small minority business enterprises clean (3) (2).doc 13 1 (d) When a 5MBE performs as a participant in a joint venture, only the portion of the total 2 dollar value of the contract equal to the distinct, clearly defined portion of the work of the 3 joint venture's contract that the 5MBE performs with its own forces and for which it is 4 separately at risk shall be counted. 5 ( e) Only expenditures to a 5MBE that is performing a commercially useful function shall be 6 counted. To determine whether a business is performing a commercially useful function, the 7 City will evaluate the amount of work subcontracted, industry practices, whether the amount 8 the business is to be paid under the contract is commensurate with the work it is actually 9 performing and other relevant factors. To perform a commercially useful function, the 5MBE 10 must be responsible, with respect to goods used on the contract, for negotiating price, 11 determining quality and quantity, ordering the goods, installing (where applicable) and paying 12 for the goods itself. A 5MBE does not perform a commercially useful function if its role is 13 limited to that of an extra participant in the contract through which funds are passed in order 14 to obtain the appearance of 5MBE participation. If a 5MBE subcontracts a greater portion of 15 the work of a contract than would be expected on the basis of normal industry practice, it is 16 presumed not to perform a commercially useful function. When a 5MBE is presumed not to 17 be performing a commercially useful function, the 5MBE may present evidence to rebut this 18 presumption at a time and manner as determined by the City manager. 19 (f) One hundred (100) percent of the cost of the goods obtained from a 5MBE manufacturer 20 or regular dealer shall be counted. "Manufacturer" means a business that operates or 21 maintains a factory or establishment that produces, on the premises, the goods required under 22 the contract. "Regular dealer" means a business that owns, operates, or maintains a store, 23 warehouse, or other establishment in which the goods of the general character described by 24 the specifications or required under the contract are bought, kept in stock, and regularly sold 25 or leased to the public in the usual course of business. To be a regular dealer, the business 26 must be an established business that engages, as its principal business and under its own 27 name, in the purchase and sale or lease of the goods. Packagers, manufacture representatives, 28 or other persons who arrange or expedite transactions are not regular dealers. 29 (g) One hundred (100) percent of the fees for the delivery of goods required on a job site 30 shall be counted only if the payment and amount of such fees are customary in the applicable 31 industry. The cost ofthe goods shall not be counted towards the fees. 32 (h) If a 5MBE is decertified during its performance of a contract, the dollar value of work 33 performed after it has ceased to be certified shall not be counted. 34 (i) In determining achievement of project specific goals, the participation of a 5MBE shall 35 not be counted until that amount has been paid to the 5MBE. 36 37 38 Sec. 2-209. Contract pre-award compliance procedures. 39 40 (a) The City manager may prequalify all bidders or proposers based upon their efforts to 41 meet program objectives prior to the solicitation of bids for construction contracts with an 42 estimated contract amount over two hundred thousand dollars ($200,000.00) and proposals for 43 professional services contracts with an estimated contract amount over thirty thousand dollars 44 ($30,000). 45 (1) The City manager shall evaluate the bidder's or proposer's past, current and future 46 activities and achievements in utilizing M1WBEs on City projects and private sector S:\CC\WP\ORDINANCES\2006\Small minority business enterprises clean (3) (2).doc 14 1 projects, and its recruitment, retention and promotion of minority and women 2 employees and other relevant information. . 3 (2) The City manager may refuse to prequalify a bidder or proposer. 4 (3) The City manager's denial of prequalification may be appealed to the City council 5 in writing within seven (7) days of receipt. The City council's decision shall be final. 6 (4) That a bidder or proposer is denied prequalification on a contract does not 7 prohibit it from seeking to prequalified on future contracts. 8 (5) A prequalified bidder or proposer must make good faith efforts to meet project 9 specific goals. 1 0 (b) . In all solicitations for which project specific goals have been established, the bidder shall 11 submit a participation plan when required by the City manager detailing all subcontractors 12 from which the bidder solicited bids or quotations and its achievement of the project specific 13 goals or its good faith efforts to do so. The plan shall be submitted in accordance with the 14 schedule and instructions required by the City manager. If the bidder fails to achieve the 15 project specific goals, documentation of its good faith efforts to do so is due at the time 16 specified in the solicitation. The list of 5MBES provided by the City to a bidder establishes 17 the universe from which a bidder must solicit 5MBEs. 18 (c) Any agreement between a bidder and a 5MBE in which the bidder requires that the 19 5MBE not provide subcontracting quotations to other bidders is prohibited. 20 (d) 5MBEs shall respond to relevant requests for quotations. 21 22 23 (1) In determining whether a bidder has made good faith efforts, the performance of other 24 bidders in meeting the project specific goals may be considered. 25 (g) A signed letter of intent from all listed 5MBEs describing the work, including goods and 26 services to be performed or provided by the 5MBE and the agreed upon dollar value for bids 27 or percentage of professional services pursuant to a request for proposals or description of the 28 services to be rendered pursuant to a request for qualifications shall be due in accordance with 29 the. City manager's instructions. 30 (h) The City manager shall review the participation plan prior to award, including the scope 3 I of work and the letters of intent from 5MBEs. The City manager may request clarification in 32 writing of items listed in the participation plan, provided such clarification shall not include 33 the opportunity to augment listed 5MBE participation or good faith efforts. 34 (i) If the City manager determines that the participation plan demonstrates that the project 35 specific goals have been achieved or good faith efforts were made, or that award is in the best 36 interest of the City, then the City manager shall recommend award to the City council. 37 (j) If the City manager finds that a bidder did not make good faith efforts, the City manager 38 shall send notice of the finding to the bidder. 39 (I) The bidder shall have seven (7) days from receipt of the notice to notify the City 40 manager of its request for a hearing. 4 I (2) The City manager shall hold a hearing within fourteen (I4) days, and shall control 42 all aspects of the hearing, including scheduling, conduct, witnesses, and evidence, and 43 may request the attendance of witnesses and production of documents. The bidder's 44 failure to comply promptly with these directions and orders may be grounds for denial 45 of the relief sought. S:\CC\WP\ORDINANCES\2006\SmaJl minority business enterprises clean (3) (2).doc 15 1 (3) The City manager shall send notice to the bidder of the written decision on the 2 appeal within fourteen (14) days of the hearing. The City manager's decision shall b 3 final. 4 5 Sec. 2- 210 Good faith efforts. 6 7 (a) Contractors submitting bids or proposals to provide goods, services and construction to 8 the City shall attempt to comply with small business participation goals. In the event the goals 9 are not achieved, the contractor must include with its bid evidence of good faith efforts to 10 achieve the goals. A bidder or proposer may still be selected subject to the provisions of this II article, and the City shall consider the following criteria in determining good faith efforts: 12 (1) Attendance at the pre-bid conference, if held; 13 (2) Whether and when the contractor provided written notice to all certified small businesses 14 that perform the type of work to be subcontracted appearing on the listings by commodity 15 codes established by NIGP as published by the City Manager and advising the small 16 businesses: 17 a. Of the specific work the contractor intends to subcontract; 18 b. That their interest in the contract is being solicited; and 19 c. How to obtain information for the review and inspection of contract plans and 20 specifications; 21 (3) Whether the contractor selected feasible portions of work to be performed by small 22 businesses, including, where appropriate, dividing work elements in any manner that 23 maximize the opportunity for small business participation. The ability of the contractor to 24 perform the work with its own work force will not in itself excuse a contractor from mak' 25 positive efforts to meet goals for small business participation on the contract; 26 (4) Whether the contractor considered all quotations received from small businesses, and for 27 those quotations not accepted, the contractor shall provide a written explanation of why the 28 small business will not be used during the course of the contract. Receipt of a lower quotation 29 from a non-small business will not in itself excuse a contractor's failure to meet project goals; 30 (5) Whether the contractor provided interested small businesses assistance in reviewing the 31 contract plans and specifications; 32 (6) Whether the contractor assisted interested small business businesses in obtaining 33 information regarding required bonding, lines of credit or insurance if such assistance was 34 necessary; 35 (7) Whether the contractor advertised the subcontracting opportunities in publications of 36 general circulation, trade associations, and small business focused media; 37 (8) Whether the contractor followed up initial solicitations of interest by contacting small 38 businesses to determine with certainty whether the small business was interested; 39 (9) Whether the contractor negotiated in good faith with interested small businesses, based 40 on a reasonable investigation of their capabilities; 41 (10) Whether the contractor effectively used the services of available small business 42 associations (community organizations, contractors business groups); local, state and federal 43 small business assistance offices; and other organizations that provide assistance in the 44 recruitment and placement of small business businesses; S:\CC\WP\ORDINANCES\2006\Small minority business enterprises clean (3) (2).doc 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 (11) Whether the contractor has utilized small business subcontractors on other (City and private sector) contracts within six months preceding the date of the specific contract under consideration; (12) Whether the contractor's efforts were merely pro forma, given all relevant circumstances, and could not reasonably be expected to provide sufficient small business participation to meet the goals. (b) This list is not intended to be all inclusive, and the City will consider the quality, quantity, intensity and timeliness of the contractor's efforts. The City Manager shall develop procedures and clarifications which provide objective guidelines pertaining to the criteria for determining of good faith efforts. (c) It is the responsibility of the contractor to exercise good faith efforts. Any act or omission by the City shall not relieve the bidder or proposer of this responsibility. Sec. 2- 211 Contracts The following shall be included in the body of the contract with the City for the provision of goods, services, and construction: (1) A provision indicating that this article is incorporated by reference. (2) A requirement that the contractor shall comply with the commitment to use small businesses made in their proposal or bid. Small businesses that no longer remain associated with the contract of the contractor shall be replaced with other certified small businesses unless approval to the contrary is granted by the City Manager manager. (3) A requirement to maintain relevant records and information necessary to document compliance with this article and to permit the City to inspect and audit such records. (Code 1979, ~ 2-462) Sec. 2-212 Contract performance compliance procedures. (a) The Finance Department will establish procedures for monitoring and evaluating program performance and compliance. Failure to comply with the small business requirements of an awarded contract may result in suspension or debannent of the businesses or individuals involved in accordance with all applicable articles. Contracts shall provide that the participation plan is binding on the contractor. Project specific goals become elements of performance by the contractor in favor of the City. (b) The contractor' shall provide a listing of all subcontractors to be used in the performance of the contract, and subcontractor payment information to the City with each request for payment submitted to the City. The director and the user department shall monitor subcontractor participation during the course of the contract and shall have reasonable access to all contract-related documentation held by the contractor relevant to the contract. (c) After the City and the contractor have executed the contract, the contractor shall not make changes to the participation plan or substitute 5MBEs named in the participation plan without the prior written approval of the City manager. Unauthorized changes or substitutions shall be a violation of this chapter, and may constitute grounds for rejection of the bid or S:\CC\WP\ORDINANCES\2006\Small minority business enterprises clean (3) (2).doc 17 1 proposal, termination of the contract for breach, the withholding of payment and/or subject 2 the contractor to contract penalties or other sanctions. When a change is requested: 3 (l) All requests for changes or substitutions of the subcontractors named in the 4 participation plan shall be made to the City manager on a form provided or approved 5 by the City, and shall clearly and fully set forth the basis for the request. A contractor 6 shall not substitute a subcontractor or perform the work designated for a subcontractor 7 with its own forces or with any other subcontractor unless and until the City manager 8 approves such substitution in writing. A contractor shall not allow a substituted 9 subcontractor to begin work until both the director and the City's project manager have 10 approved the substitution. 11 (2) The facts supporting the request must not have been known nor reasonably should 12 have been known by either party prior to the submission of the participation plan. The 13 contractor must negotiate with the subcontractor to resolve the problem. If requested 14 by either party, the City shall facilitate such a meeting. Where there has been a 15 mistake or disagreement about the scope of work, the 5MBE can be substituted only 16 where an agreement cannot be reached on commercially reasonable terms for the 17 correct scope of work. 18 (3) The City manager shall allow changes or substitutions of the subcontractor only 19 on the following bases: 20 a. Unavailability after receipt of reasonable notice to proceed; 21 b. Failure of performance; 22 c. Financial incapacity; 23 d. Refusal by the subcontractor to honor the bid or proposal price or 24 qualifications description; 25 e. Mistake of fact or law about the elements of the scope of work of a 26 solicitation where agreement on commercially reasonable terms cannot be 27 reached; 28 f. Failure of the subcontractor to meet insurance, licensing or bonding 29 requirements; or 30 g. The subcontractor's withdrawal of its bid or proposal or qualifications 31 description. 32 (4) The City manager shall give written notice to the contractor and the affected 33 subcontractor of the decision whether to permit or deny the proposed change or 34 substitution. 35 (5) Where the contractor has established the basis for the substitution to the 36 satisfaction of the City manager, or if the City requires the substitution of a 37 subcontractor listed in the participation plan, the contractor shall make good faith 38 efforts to fulfill the participation plan. The contractor may seek the assistance of the 39 City in obtaining a new 5MBE subcontractor. If the project specific goal(s) cannot be 40 reached and good faith efforts have been made, the contractor may substitute with a 4 I non-SMBE. 42 (d) If a contractor plans to hire a subcontractor on any scope of work that was not previously 43 disclosed in the participation plan, the contractor shall obtain the approval of the City 44 manager to modify the participation plan and must make new good faith efforts to ensure that 45 5MBEs have a fair opportunity to bid on the new scope of work. S:\CC\WP\ORDINANCES\2006\Small minority business enterprises clean (3) (2).doc 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 ( e) Changes to the scopes of work shall be documented by the user department at the time they arise, to establish the reasons for the change and the effect on achievement of the 5MBE goals. (f) If the City manager determines that the contractor has failed to comply with the provisions of the contract, the City manager shall notify the contractor in writing of the deficiencies. The contractor shall have fourteen (14) days, or such time as specified in the contract, to cure the deficiencies or establish that there are no deficiencies. If the deficiencies are not cured, the City shall have the right to take all lawful actions. Sec. 2-213 Contract language required Every contract let by the City for the performance of work shall contain a provision requiring the prime contractor to certify in writing that all small business subcontractors, sub- consultants, and suppliers have been utilized in accordance with the participation levels provided by the prime contractor at the time of contract and have been paid for work and materials from previous progress payments received, less any retainage, prior to receipt of any further progress payments. During the contract and upon completion of the contract, the City shall require documentation from the prime contractor to certify utilization and payment to smaIl business subcontractors, sub-consultants or suppliers. This provision in no way creates any contractual relationship between any subcontractor, sub-consultant, or supplier and the City or any liability on the City for the contractor's failure to make timely payment to the subcontractor, sub-consultant or supplier. Sec. 2-214 Penalties. (a) The following violations of this chapter are unlawful and may be prosecuted as a misdemeanor. (1 ) Providing false or misleading information to the City in connection with an application for or challenge to certification, recertification or decertification as a 5MBE. (2) Providing false or misleading information to the City in connection with submission of a bid, responses to requests for qualifications or proposals, good faith efforts documentation, post-award compliance or other program operations. (3) Substituting 5MBE subcontractors without prior approval. (4) Committing any other violations of this chapter. (b) A contractor is subject to withholding of payments under the contract, termination of the contract for breach, contract penalties, decertification as a 5MBE, or deemed non-responsive or not responsible in future City solicitations and contract awards, if it is found to have: (1) Provided materially false or misleading information in connection with this chapter, an application for certification or recertification. (2) Provided false or misleading information in connection with the submission of a bid or proposal or documentation of good faith efforts, post-award compliance, or other program operations. (3) Failed in bad faith to fulfill project specific goals, thereby materially breaching the contract. S:\CC\WP\ORDINANCES\2006\Small minority business enterprises clean (3) (2).doc 19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 (4) Repeatedly failed to comply in good faith with substantive provisions of this chapter. Sec. 2-215 5MBE Program advisory board. (a) The City may appoint a board to advise City Commission on the program and to review proposed changes to this article and make recommendations to the City Commission for modification of the program. (b) The advisory board membership shall be appointed by City Commissioners. The City Manager shall serve ex officio. ( c) Members shall serve two-year, staggered terms. (d) Membership shall be composed of the following: (I) Two (2) 5MBE construction business owners or representatives of disadvantaged, minority or women construction trade associations. (2) One (I) non-SMBE construction business owner or representative of general or subcontracting construction trade associations. (3) Two (2) 5MBE professional services business owners or representatives of disadvantaged, minority or women professional services associations. (4) One (1) non-SMBE professional services business owner or representative of professional services associations. (5) One (1) 5MBE non-professional services or commodities business owner or disadvantaged, minority or women trade association. (e) Each member shall serve without compensation and may be removed by the City Commission without cause. All members must be residents of Palm Beach County and preference shall be given to residents of the City. (f) A chair and vice-chair shall be elected by a majority vote of the small business board and shall serve for a term of one year. The duties of the chair shall be to preside at small business board meetings. The vice-chair shall perform the duties of the chair in the chair's absence.. (g) Meetings of the small business board shall be held at the call of the chair or according to a meeting schedule adopted by the board. Four members of the small business board shall constitute a quorum and a majority of the quorum shall be sufficient to take action. The small business board shall. adopt such rules for its operation, meetings and proceedings as it deems desirable. Sec. 2-216 Annual Program review. (a) The City Manager shall make an annual report to the City Commission, detailing the City's performance under the program department by department for the preceding fiscal year. (b) The City Commission will review this report, including the annual participation goals and the City's progress towards meeting the annual participation goals and eliminating discrimination in its marketplace, and revise the program as necessary to meet legal and program requirements. (c) If the City Commission finds that the objectives of the program have been achieved, the City Commission, by super-majority vote may discontinue the program. S:\CC\ WP\ORDINANCES\2006\Small minority business enterprises clean (3) (2).doc 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 Sec. 2-217 Notice. All notices required or allowed by this chapter shall be in writing and shall be given either by personal delivery, fax, or United States mail, addressed to the last-known address of the addressee. The notice shall be deemed given at the time of actual delivery, if it is personally delivered or sent by fax. If sent by United States mail, it shall be deemed given upon the third calendar day following the day on which it is deposited with the United States Postal Service. Sec. 26-218 Severability. If any section, subsection, clause, or provision of this chapter is held to be invalid by a court of competent jurisdiction, the remainder of the chapter shall not be affected by such invalidity . Sec. 26-219 Waiver (a) Whenever an emergency procurement is authorized by the City Manager pursuant to the procurement code, the requirements of this article shall be deemed waived. (b) Whenever the procurement official makes a single source determination pursuant to the procurement code, the requirements of this article shall be deemed waived. ( c) The City Manager may waive compliance with this article if such compliance is no longer possible or practicable during the period of performance of the contract. Sec. 26-220 Limitation of Remedy In the event of a challenge to the granting of any contract to a 5MBE by any other party, the challenging party the sole remedy to the challenging party shall be the costs the challenging party incurred in preparing its bid or proposal. Section 3. All laws and ordinances applying to the City of Boynton Beach in conflict with any provision of this ordinance are hereby repealed. Section 4. Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 5. Section 6. Authority is hereby given to codify this Ordinance. This Ordinance shall become effective immediately. , 2006. FIRST READING this _ day of S:\CC\WP\ORDINANCES\2006\Small minority business enterprises clean (3) (2).doc 21 2 SECOND, FINAL READING AND PASSAGE this __ day of , 2006. 3 CITY OF BOYNTON BEACH, FLORIDA 4 5 6 Mayor - Jerry Taylor 7 8 9 Vice Mayor - Carl McKoy 10 II 12 Commissioner - Robert Ensler 13 14 15 16 Commissioner - Mack McCray 17 18 19 Commissioner - MuirC. Ferguson 20 ATTEST: 21 22 23 24 City Clerk 25 26 27 (Corporate Seal) S:\CC\WP\ORDINANCES\2006\Small minority business enterprises clean (3) (2).doc 22 XII. - LEGAL ITEM C.1 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office 0 August I, 2006 July 17,2006 (Noon.) !XI 0 August 15, 2006 July 31, 2006 (Noon) 0 0 September 6, 2006 August 14,2006 ONoon) 0 0 September 19, 2006 September 5, 2006 (Noon) 0 Requested City Commission Meeting. Dates Date Final Form Must be Turned in to City Clerk's Office October 3, 2006 September 18,2006 (Noon) October 17,2006 October 2, 2006 (Noon) November 8, 2006 October 16,2006 (Noon) -) ') .--1 November 21, 2006 November 6, 2006 ON06~) Uy ,-'1 ~- ." ...-.. ---.... '-.-' --.r-1 '-~ .-. '-:1 NATURE OF AGENDA ITEM o AnnouncementslPresentations o Administrative o Consent Agenda o Code Compliance & Legal Settlements o Public Hearing o City Manager's Report o New Business !XI Legal o Unfinished Business o ~n ,-~,~-\ Ci .~:' ::7~ r-,) -:.'m "-~.:rn ':::-'"") -c> ,-no - ...... RECOMMENDATION: Staff recommends that the City of Boynton Beach adopt the proposed revisions to the Boynton Beach Administrative Amendments to the 2004 Florida Building Code. EXPLANA TION: To meet the requirements of Florida Statute 553, allowing contractors and developers that work in Palm Beach County to have greater consistency in code application when performing work in the City of Boynton Beach. PROGRAM IMPACT: None FISCAL IMPACT: None AL TERNA TIVES: Apply the Florida Building Code without the Administrative Amendments tailored to the specific ,equi<em<nt' of the City 0 ton Bea,h. I J /7 Quintus L. ~s Signature Assistant to City Manager f!htU Development Department Department Name City Attorney / Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 7;::" 1 ORDINANCE NO. 06- 2 3 AN ORDINANCE OF THE CITY COMMISSION OF THE 4 CITY OF BOYNTON BEACH, FLORIDA AMENDING 5 LAND DEVELOPMENT REGULATIONS, CHAPTER 20, 6 BUILDING, HOUSING AND CONSTRUCTION 7 REGULATIONS, SECTION 3 MINIMUM BUILDING 8 AND CONSTRUCTION STANDARDS; PROVIDING FOR 9 THE ADOPTION OF THE BOYNTON BEACH 10 ADMINISTRATIVE AMENDMENTS TO THE 2004 11 FLORIDA BUILDING CODE, AND AMENDMENTS 12 THERETO: PROVIDING FOR CONFLICTS, 13 SEVERABILITY, CODIFICATION AND AN EFFECTIVE 14 DATE. 15 16 WHEREAS, pursuant to Chapter 553.73, Florida Statutes, the City Commission may 17 adopt amendments to the administrative provisions of the Florida Building Code, subject to 18 the limitations in said statute; and 19 WHEREAS, previously on November 1, 2005, the City Commission adopted 20 Administrative Amendments to the 2004 Florida Building Code, Gas Mechanical and 21 Plumbing Codes, 2004 Edition, and the 2002 National Electric Code; and 22 WHEREAS, the City Commission hereby adopts the revisions to the Administrative 23 Amendments to the 2004 Florida Building Code, as previously adopted by the City 24 Commission on November 1, 2005, such revisions are attached hereto as Exhibit "A", and 25 incorporated herein by reference; and 26 WHEREAS, the Administrative Amendments to the Gas, Mechanical and Pluming 27 Codes, 2004 Edition, and the 2002 National Electric Code, adopted on November 1, 2005, are 28 to remain unchanged as adopted by the City Commission; and 29 WHEREAS, such amendments must be transmitted to the State within 30 days after 30 enactment of the amendments. 31 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF C:\Documents and Settings\ferraral\Local Settings\Temporary Internet Files\OLKI FlAmendments to Building Code (2004)(2006 Revision) (2).doc THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 2 Section 1. The foregoing whereas clauses are true and correct and are now ratified 3 and confirmed by the City Commission. 4 Section 2. That the Boynton Beach Administrative Amendments to the 2004 5 Florida Building Code, are hereby amended by adopting those provisions contained in Exhibit 6 "A", which is attached hereto and incorporated herein by reference. 7 Section 3. That ordinances or parts of ordinances in conflict herewith be and the 8 same are hereby repealed, provided that in the event of a conflict with respect to the 9 administration of the building codes, existing administrative laws or rules of the City shall 10 control. 11 Section 4. Should any section or provlSlon of this Ordinance or any portion 12 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not 13 affect the remainder of this Ordinance. 14 Section 5. Authority is hereby given to codify this Ordinance. 15 Section 6. This Ordinance shall become effective immediately. 16 17 FIRST READING this _ day of ,2006. 18 C:\Documents and Settings\ferraral\Local Settings\Temporary Internet Files\OLKI FlAmendments to Building Code (2004)(2006 Revision) (2).doc SECOND FINAL READING AND PASSAGE this day of , - ,2006. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 ATTEST: 21 22 23 City Clerk 24 25 26 (City Seal) 27 28 29 CITY OF BOYNTON BEACH, FLORIDA Mayor - Jerry Taylor Vice Mayor- Carl McKoy Commissioner - Robert Ensler Commissioner - Mack McCray Commissioner - Muir C. Ferguson C:\Documents and Settings\ferraral\Local Settings\Temporary Internet Files\OLKIF\Amendments to Building Code (2004)(2006 Revision) (2).doc c- .- C Q) Q) .... .... o .... E ~ ~Q)Q) ro 0>-5 _ro 0.:J.L::. 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IEFFECTIVE , 2006 BEGINNING WITH PERMIT NO. Words underlined are additions Words with strikeouts are deletions City of Boynton Beach Department of Development Building Division 100 East Boynton Beach Blvd. PO Box 310 Boynton Beach, Florida 33425-0310 (561) 742-6350 FAX (561) 742-6357 TABLE OF CONTENTS ADMINISTRATIVE CODE (Applies to all Construction Codes) CHAPTER 1 ADMINISTRATION SECTION Page SECTION 101 GENERAL 3 102 APPLICABILITY 5 103 BUILDING DIVISION 9 104 DUTIES AND POWERS OF THE BUILDING OFFICIAL 11 105 PERMITS 17 106 CONSTRUCTION DOCUMENTS 30 107 TEMPORARY STRUCTURES AND USES 41 108 FEES 41 109 INSPECTIONS 46 110 CERTIFICATES AND BUILDING USE 56 111 TESTS 59 112 BUILDING BOARD OF ADJUSTMENT & APPEALS 59 113 SEVERABILITY 62 114 STOP WORK VIOLATIONS AND PENALTIES 62 115 ReselVed 63 116 WIND LOADS 63 2 SECTION 101 GENERAL 101.1 Title. These regulations shall be known as the Florida Building Code, herei nafter referred to as "th is code." 101.2 Scope. The provisions of this code shall apply to the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every building or structure or any appurtenances connected or attached to such buildings or structures,:. as herein amended by in that local jurisdiction. Exceptions: 1. Detached one and two-family dwellings and multiple single- family dwellings (town houses) not more than three stories above grade plane in height with a separate means of egress and their accessory structures shall comply with the Florida Building Code, Residential. 2. Existing buildings undergoing repair, alterations or addition and change of occupancy shall comply with Chapter 34 of this €e€Je the Florida Building Code, Existing Building. 101.2.1 Appendices. Provisions in the appendices shall not apply unless specifically adopted. 101.3 Intent. The purpose of this code is to establish the minimum requirements to safeguard the public health, safety and general welfare through structural strength, means of egress facilities, stability, sanitation, adequate light and ventilation, energy conservation, and safety to life and property from fire and other hazards attributed to the built environment and to provide safety to fire fighters and emergency responders during emergency operations. 101.3.1 Quality control. Quality control of materials and workmanship is not within the purview of this code except as it relates to the purposes stated herein. 101.3.2 Permitting and inspection. The permitting or inspection of any building, system or plan by this jurisdiction, under the requirements of this code, shall not be construed in any court as a warranty of the physical condition of such building, system or plan or their adequacy. This jurisdiction shall 3 not be liable in tort for damages or hazardous or illegal condition or inadequacy in such building, system or plan, nor for any failure of any component of such, which may occur subsequent to such inspection or permitting. Further, no Building Department employee shall be liable in tort for damages from such conditions, in accordance with Section 768.28(9)(a), Florida Statutes, as may be amended. 101.4 Referenced Standards. Standards referenced in the technical codes shall be considered an integral part of the codes without separate adoption. If specific portions of a standard are denoted by code text, only those portions of the standard shall be enforced. Where code provisions conflict with a standard, the code provisions shall be enforced prevail. Permissive and advisory provisions in a standard shall not be construed as mandatory. The Land Development Regulations of the Boynton Beach Code of Ordinances h~ve been as adopted by Ordinance 95-02 amJ shall set forth additional construction standards. 101.4.1 Electrical. The provisions of Chapter 27 of the Florida Building Code, Building shall apply to the installation of electrical systems, including alterations, repairs, replacement, equipment, appliances, fixtures, fittings and appurtenances thereto. 101.4.2 Gas. The provisions of the Florida Building Code, Fuel Gas shall apply to the installation of gas piping from the point of delivery, gas appliances and related accessories as covered in this code. These requirements apply to gas piping systems extending from the point of delivery to the inlet connections of appliances and the installation and operation of residential and commercial gas appliances and related accessories. 101.4.3 Mechanical. The provisions of the Florida Building Code, Mechanical shall apply to the installation, alterations, repairs and replacement of mechanical systems, including equipment, appliances, fixtures, fittings and/or appurtenances, including ventilating, heating, cooling, air-conditioning and refrigeration systems, incinerators and other energy-related systems. 101.4.4 Plumbing. The provisions of the Florida Building Code, Plumbing shall apply to the installation, alteration, repair and replacement of plumbing systems, including equipment, appliances, fixtures, fittings and appurtenances, and where 4 connected to a water or sewage system and all aspects of a medical gas system. 101.4.5 Reserved. 101.4.6 Fire prevention. For provisions related to fire prevention, refer to the Florida Fire Prevention Code. The Florida Fire Prevention Code shall apply to matters affecting or relating to structures, processes and premises from the hazard of fire and explosion arising from the storage, handling or use of structures, materials or devices; from conditions hazardous to life, property or public welfare in the occupancy of structures or premises; and from the construction, extension, repair, alteration or removal of fire suppression and alarm systems or fire hazards in the structure or on the premises from occupancy or operation. 101.4.7 Energy. The provisions of Chapter 13 of the Florida Building Code, Building shall apply to all matters governing the design and construction of buildings for energy efficiency. 101.4.8 Accessibility. For provisions related to accessibility, refer to Chapter 11 of the Florida Building Code, Building. 101.4.9 Existina Buildinas. For orovisions relatina to existing buildings and structures see the Florida Building Code, Existing Building. 101.4.~ 10 Federal and State authority. The provisions of this code shall not be held to deprive any Federal or State agency, or any applicable governing authority having jurisdiction, of any power or authority which it had on the effective date of the adoption of this code or of any remedy then existing for the enforcement of its orders, nor shall it deprive any individual or corporation of its legal rights as provided by law. SECTION 102 APPLICABILITY 102.1 General. Where, in any specific case, different sections of this code specify different materials, methods of construction or other requirements, the most restrictive shall govern. Where there is a 5 conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. 102.1.1 The Florida Building Code does not apply to, and no code enforcement action shall be brought with respect to, zoning requirements, land use requirements and owner specifications or programmatic requirements which do not pertain to and govern the design, construction, erection, alteration, modification, repair or demolition of public or private buildings, structures or facilities or to programmatic requirements that do not pertain to enforcement of the Florida Building Code. Additionally, a local code enforcement agency may not administer or enforce the Florida Building Code, Building to prevent the siting of any publicly owned facility, including, but not limited to, correctional facilities, juvenile justice facilities, or state universities, community colleges, or public education facilities, as provided by law. In addition to the requirements of this code, there may be other regulations by other agencies affecting details of development, building design and construction~, such as, but not limited to: OTHER ACENCIES TOPICS RECULATED Federal & Statc DEP V.~ctlands Permitting Statc tfealth Dcpartmcnt Wclls & Scptic Systcms Commcrcial Building Sccurit.{ Flood Damage Prc~'cntion Ordinancc Cit.{ of B01f'nton Bcach Codc of Ordinanccs Land Dc....clopmcnt Rcgulations Zcro Lot Linc Homcs ratio Scrcens and Roofs Townhouscs Sctbacks Roof Ovcrhangs in Eascmcnts Hcight Mcasurcmcnt 102.2 Building. The provisions of the Florida Building Code shall apply to the construction, erection, alteration, modification, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every public and private building, structure or facility or floating residential structure, or any appurtenances connected or attached to such buildings, structures or facilities. Additions, alterations, repairs and changes of use or occupancy group in all existing buildings and structures shall comply with the provisions provided in The Florida Building Code, Existing Building. The following buildings, structures and facilities are exempt from the Florida Building Code as provided by law, and any further exemptions shall be as determined by the legislature and provided by law: 6 (a) Building and structures specifically regulated and preempted by the federal government. (b) Railroads and ancillary facilities associated with the railroad. (c) Nonresidential farm buildings on farms. (d) Temporary buildings or sheds used exclusively for construction purposes. (e) Mobile or modular structures used as temporary offices, except that the provisions of Part II, fSection 553.501-553.513, Florida Statutesj-, relating to accessibility by persons with disabilities shall apply to such mobile or modular structures. Permits shall be required for structural support and tie down, electric supply and all utility connections.!. sh.JII Jpply to such mobile or modul.Jr structures. (f) Those structures or facilities of electric utilities, as defined in Section 366.02, Florida Statutes, which are directly involved in the generation, transmission, or distribution of electricity. (g) Temporary sets, assemblies, or structures used in commercial motion picture or television production, or any sound-recording equipment used in such production, on or off the premises. (h) Chickees constructed by the Miccosukee Tribe of Indians of Florida or the Seminole Tribe of Florida. As used in this paragraph, the term "chickee" means an open-sided wooden hut that has a thatched roof of palm or palmetto or other traditional materials, and that does not incorporate any electrical, plumbing, or other non-wood features. 102.2.1 In addition to the requirements of Section 553.79 and 553.80, Florida Statutes, facilities subject to the provisions of Chapter 395, Florida Statutes, and Part II of Chapter 400, Florida Statutes, shall have facility plans reviewed and construction surveyed by the state agency authorized to do so under the requirements of Chapter 395, Florida Statutes, and Part II of Chapter 400, Florida Statutes, and the certification requirements of the federal government. 102.2.2 Buildings or structures for residential uses moved into or within a county or municipality shall not be required to be brought into compliance with the state minimum building code in force at the time the building or structure is moved, provided: 1. The building or structure is structurally sound for wind speed requirements of the new location 7 and in occupiable condition for its intended use; 2. The occupancy use classification for the building or structure is not changed as a result of the move; 3. The building is not substantially remodeled; 4. Current fire code requirements for ingress and egress are met; 5. Electrical, gas and plumbing systems meet the codes in force at the time of original construction and are operational and safe for reconnection; and 6. Foundation plans are sealed by a professional engineer or architect licensed to practice in this state, if required by the Florida Statutes for all buildings or structures of the residential occupancy class. 102.2.3 The building official shall apply the same standard to a moved residential building or structure as that applied to the remodeling of any comparable residential building or structure to determine whether the moved structure is substantially remodeled. The cost of the foundation on which the moved building or structure is placed shall not be included in the cost of remodeling for purposes of determining whether a moved building or structure has been substantially remodeled. 102.2.4 This section does not apply to the jurisdiction and authority of the Department of Agriculture and Consumer Services to inspect amusement rides or the Department of Financial Services to inspect state-owned buildings and boilers. 102.3 Application of references. References to chapter or section numbers, or to provisions not specifically identified by number, shall be construed to refer to such chapter, section or provision of this code. 102.4 Referenced codes and standards. The codes and standards referenced in this code shall be considered part of the requirements of this code to the prescribed extent of each such reference. Where differences occur between provisions of this code and referenced codes and standards, the provisions of this code shall apply. 102.5 Reserved. 8 102.6 Existing structures. The legal occupancy of any structure existing on the date of adoption of this code shall be permitted to continue without change, except as is specifically covered in this code, or the Florida Fire Prevention Code, or as is deemed necessary by the building official for the general safety and welfare of the occupants and the public. 102.7 Relocation of manufactured buildings. (1) Relocation of an existing manufactured building does not constitute an alteration. (2) A relocated building shall comply with wind speed requirements of the new location, using the appropriate wind speed map. If the existing building was manufactured in compliance with the Standard Building Code (prior to March 1, 2002), the wind speed map of the Standard Building Code shall be applicable. If the existing building was manufactured in compliance with the Florida Building Code (after March 1, 2002), the wind speed map of the Florida Building Code shall be applicable. SECTION 103 BUILDING DIVISION 103.1 Establishment. There is hereby established a division to be called the building division and the person in charge shall be known as the building official. All code officials employed by the division shall be certified in accordance with Chapter 468, Part XII, Florida Statutes. 103.2 Employee qualifications 103.2.1 Building official's qualifications. The building official shall have at least ten years combined experience as an architect, engineer, construction code official, contractor or construction superintendent with at least five years of such experience in supervisory positions. The building official shall be certified as a building official or building code administrator by the State of Florida. 103.2.2 Chief inspector qualifications. The building official, with the approval of the governing authority, may designate chief inspectors to administer the provisions of the Building, Electrical, Gas, Mechanical, Plumbing, Residential, and 9 Existing Building Codes. Each chief inspector shall have at least ten years combined experience as an architect, engineer, construction code official, contractor or construction superintendent with at least five years of such experience in supervisory positions, 103.2.3 Plans examiner and inspector qualifications. The building official, with the approval of the applicable governing authority, may appoint or hire such number of officers, plans examiners, inspectors, assistants and other employees as shall be authorized from time to time. A person shall not be appointed or hired as a plans examiner or inspector of construction who has not had at least five years experience as a building inspector, engineer, architect, or as a superintendent, foreman, or competent mechanic in charge of construction, in the corresponding trade. The plans examiners and inspectors shall be certified, through the State of Florida for the appropriate trade. 103.2.4 Deputy building official qualifications. The building official may designate as a deputy an employee in the department who shall, during the absence or disability of the building official, exercise all the powers of the building official. The deputy building official shall have the same qualifications listed in 103.2.1. 103.3 Restrictions on employees. An officer or employee connected with the department, except one whose only connection is as a member of the board established by this code, shall not be financially interested in the furnishing of labor, material, or appliances for the construction, alteration, or maintenance of a building, structure, service, system, or in the making of plans or of specifications thereof, unless he/she is the owner of such. This officer or employee shall not engage in any other work which creates a conflict of interest with the officer or emplovees duties as related to the department. is inconsistcnt '....ith thcir dutics or conflict~ '/;ith thc intcrcsts of thc dcpartmcnt or which utilizes the tcchnic~ll<no\\'lcdge uscd in thcir cmployment cxcept ~s instructors. 10 103.4 Records. The building official shall keep, or cause to be kept, a record of the business of the department. The records of the department shall be open to public inspection in accordance with applicable statutes. 103.5 Reports. The building official may submit annually a report covering the work of the building department during the preceding year. He/she may incorporate in said report a summary of the decisions of the Board of Adjustments and Appeals during said year. 103.6 Liability. Any current or former officer or employee, or member of the Building Board of Adjustments and Appeals, charged with the enforcement of this code, acting for the applicable governing authority in the discharge of their duties, shall not thereby render himself personally liable, and is hereby relieved from all personal liability, for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of their duties. Any suit brought against any current or former officer or employee or member, because of such act performed in the enforcement of any provision of this code, shall be defended by legal council appointed by the agency or applicable governing authority until the final termination of the proceedings. SECTION 104 DUTIES AND POWERS OF THE BUILDING OFFICIAL 104.1 General. The building official is hereby authorized and directed to enforce the provisions of this code. The building official is further authorized to render interpretations of this code, which are consistent with its spirit and purpose. 104.2 Right of entry 104.2.1 Whenever necessary to make an inspection to enforce any of the provisions of this code, or whenever the building official has reasonable cause to believe that there exists in any building or upon any premises any condition or code violation which makes such building, structure, premises, electrical, gas, mechanical or plumbing systems unsafe, dangerous or hazardous, the building official may enter such building, structure or premises at all reasonable times to inspect the same or to perform any duty imposed upon the building official by this 11 code. If such building or premises are occupied, he/she shall first present proper credentials and request entry. If such building, structure, or premises are unoccupied, he shall first make a reasonable effort to locate the owner or other persons having charge or control of such and request entry. If entry is refused, the building official shall have recourse to every remedy provided by law to secure entry. 104.2.2 When the building official shall have first obtained a proper inspection warrant or other remedy provided by law to secure entry, no owner or occupant or any other persons having charge, care or control of any building, structure, or premises shall fail or neglect, after proper request is made as herein provided, to promptly permit entry therein by the building official for the purpose of inspection and examination pursuant to this code. 104.3 Stop work orders. Upon notice from the building official, work on any building, structure, electrical, gas, mechanical or plumbing system that is being done contrary to the provisions of this code or in a dangerous or unsafe manner, shall immediately cease. Such notice shall be in writing and shall be given to the owner of the property, or to their agent, or to the person doing the work, and shall state the conditions under which work may be resumed. Where an emergency exists, the building official shall not be required to give a written notice prior to stopping the work. 104.4 Revocation of permits 104.4.1 Misrepresentation of application. The building official may revoke a permit or approval, issued under the provisions of this code, when a determination has been made that a in case there hus been uny false statement or misrepresentation as to Q. the material fact in the application or plans has been made, on which the permit or approval was based. 104.4.2 Violation of code provisions. The building official may revoke a permit upon determination by the building official that the construction, erection, alteration, repair, moving, demolition, installation, or replacement of the building, structure, electrical, gas, mechanical or plumbing systems for which the permit was issued is in violation of, or not in conformity with, the provisions of this code. 12 104.5 Unsafe buildings or systems. All buildings, structures, electrical, gas, mechanical or plumbing systems which are unsafe, unsanitary, or do not provide adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human life, or which in relation to existing use, constitute a hazard to safety or health, are considered unsafe buildings or service systems. All such unsafe buildings, structures or service systems are hereby declared illegal and shall be abated by repair and rehabilitation or by demolition in accordance with the this Code. The extent of repairs shall be determined by the building official. When the building official determines that an unsafe building, structure or service system cannot be reasonably repaired in accordance with this or the technical codes, it shall be demolished in accordance with this section. 104.5.1 When the building official determines a building, structure, electrical, gas, mechanical or plumbing system or portion thereof is unsafe, as set forth in this Code he/she shall, in accordance with established procedure for legal notices, give the owner, agent or person in control of such building, structure, electrical, gas, mechanical or plumbing system written notice stating the defects thereof. This notice shalf require the owner within a stated time either to complete specified repairs or improvements, or to demolish and remove the building, structure, electrical, gas, mechanical or plumbing system or portion thereof. 104.5.2 If necessary, such notice shall also require the building, structure, electrical, gas, mechanical, plumbing systems or portion thereof to be vacated forthwith and not reoccupied until the specified repairs and improvements are completed, inspected and approved by the building official. The building official shall cause to be posted at each entrance to such building a notice stating: THIS BUILDING IS UNSAFE AND ITS USE OR OCCUPANCY HAS BEEN PROHIBITED BY THE BUILDING OFFICIAL. Such notice shall remain posted until the required repairs are made or demolition is completed. It shall be unlawful for any person, firm or corporation or its officers, agents, or other servants, to remove such notice without written permission of the building official, or for any person to enter the building, or 13 use such systems except for the purpose of making the required repairs or of demolishing same. 104.5.3 The owner, agent or person in control of an unsafe structure or system shall have the right to appeal fFeffi the decision of the building official, as provided hereinafter, and to appear before the Construction Board of Adjustments and Appeals at a specified time and place to show cause why he should not comply with said notice. 104.5.4 In case the owner, agent, or person in control cannot be found within the stated time limit, or, if such owner, agent, or person in control shall fail, neglect, or refuse to comply with the notice to repair, rehabilitate, or to demolish, and remove said building, structure, electrical, gas, mechanical or plumbing system or portion thereof, the building official, after having ascertained the cost, shall cause such building, structure, electrical, gas, mechanical or plumbing system or portion thereof, to be demolished, secured, or required to remain vacant or unused. 104.5.5 The decision of the building official shall be final in cases of emergency, which, in the opinion of the building official, involve imminent danger to human life or health, or the property of others. He/she shall promptly cause such building, structure, electrical, gas, mechanical or plumbing system or portion thereof to be made safe or cause its removal. For this purpose he/she may at once enter such structure or land on which it stands, or abutting land or structures, with such assistance and at such cost as he may deem necessary. He/she may order the vacating of adjacent structures and may require the protection of the public by appropriate fence or such other means as may be necessary, and for this purpose may close a public or private way. 104.5.6 Costs incurred under 104.5.4 and 104.5.5 shall be charged to the owner of the premises involved. If charges are not paid within a ten (10) day period following the billing notification sent by certified mail, the owner of the premises will be charged in the following manner: 1. The building official shall assess the entire cost of such vacation, demolition, or removal against the real property upon which such cost was incurred, which assessment shall include but not be limited to all administrative costs, postal expenses, 14 newspaper publication, and shall constitute a lien upon such property superior to all others except taxes. 2. The Clerk of the Circuit Court shall file such lien in the County's Official Record Book showing the nature of such lien, the amount thereof and an accurate legal description of the property, including the street address, which lien shall be effective from the date of filing and recite the names of all persons notified and interested persons. After three (3) months from the filing of any such lien which remains unpaid, the governing bOdy may foreclose the lien in the same manner as mortgage liens are foreclosed. Such lien shall bear interest from date of abatement of nuisance at the rate of ten (10) percent per annum and shall be enforceable if unsatisfied as other liens may be enforced by the governing agency. 104.6 Requirements not covered by code. Any requirements necessary for the strength, stability or proper operation of an existing or proposed building, structure, electrical, gas, mechanical or plumbing systeml or for the public safety, health and general welfare, not specifically covered by this or the other technical codes, shall be determined by the building official. In addition, other requirements to implement, clarify or set procedures to accomplish the intent of this code may be set in writing by the building official and may be posted electronically for public access. 104.7 Reserved. 104.8 Reserved. 104.9 Approved materials and equipment. Materials, equipment and devices approved by the building official shall be constructed and installed in accordance with such approval. 104.9.1 Used materials and equipment. The use of used materials that meet the requirements of this code for new materials is permitted. Used equipment and devices shall not be reused unless approved by the building official. 104.10 Reserved. 15 104.11 Alternative materials, design and methods of construction and equipment. The provisions of this code are not intended to prevent the installation of any material or to prohibit any design or method of construction not specifically prescribed by this code, provided that any such alternative has been approved. An alternative material, design or method of construction shall be approved where the building offiCial finds that the proposed design is satisfactory and complies with the intent of the provisions of this code, and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this code in quality, strength, effectiveness, fire resistance, durability and safety. When alternate life safety systems are designed, the SFPE Engineering Guide to Performance-Based Fire Protection Analysis and Design of Buildings, or other methods approved by the building official may be used. The building official shall require that sufficient evidence or proof be submitted to substantiate any claim made regarding the alternative. 104.11.1 Research reports. Supporting data, where necessary to assist in the approval of materials or assemblies not specifically provided for in this code, shall consist of valid research reports from approved sources. 104.11.2 Tests. Whenever there is insufficient evidence of compliance with the provisions of this code, or evidence that a material or method does not conform to the requirements of this code, or in order to substantiate claims for alternative materials or methods, the building official shall have the authority to require tests as evidence of compliance to be made at no expense to the jurisdiction. Test methods shall be as specified in this code or by other recognized test standards. In the absence of recognized and accepted test methods, the building official shall approve the testing procedures. Tests shall be performed by an approved agency. Reports of such tests shall be retained by the building official for the period required for retention of public records. 104.11.3 Accessibility. Alternative designs and technologies for providing access to and usability of a facility for persons with disabilities shall be in accordance with Section 11.2.2. 16 SECTION 105 PERMITS 105.1 Permit application 105.1.1 When required. Any owner, authorized agent, or contractor who desires to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by the technical codes, or to cause any such work to be done, shall first make application to the building official and obtain the required permit for the work. Permit ~pplic~nts sh~1I be propcrly qu~lified undcr thc laws regul~ting the ccrtific~tion ~nd licensing of contr~ctors, or be excmpt thcre from. Pcrmit ~pplicQnts sh~1I bc competcnt in ~" tcchnical .....ork ~nd codcs undcr thcir direct supcrvision ~s detcrmined by thc building offici~1 or dcsignec. A permit shall be required for, but not limited to, the following as determined by the building official: BUildings/Structures - Construct, erect, enlarge, alter, move, remove, relocate, demolish or change the occupancy of any building, or portion thereof. Service Systems - Install, enlarge, alter, repair, improve, remove, convert or replace any electrical, gas, mechanical, or plumbing system work or cause the same to be done. Roofing - Install, replace, or resurface roofing, or make repairs. If during any 12 month pcriod more th~n 2StK, of ~ roof is removed, rcp~ircd, or rccovercd, thcn thc entirc roof sh~" comply '''Jith thc fCquircmcnts of the tcchnic~1 codcs. Windows &. Doors - Install or replace windows or doors including frames, shutters, awnings, canopies, or similar items. Barriers &. Signs - Erect or replace fences, walls, signs, or sign structures. Antennas, Mast or Poles - Install or replace masts, towers for television or radio receiving/transmitting antenna extending more than ten feet above the last anchorage, satellite dish antennas, flag poles, exterior lighting or similar items. Pools - Install swimming pool, wading pool, or spas, above or below ground, unless otherwise exempted. Fuel Tanks - Install or replace gasoline, fuel, oil, bottled gas, oxygen, nitrous oxide, or similar liquid or gaseous storage tanks, 17 pumps, and related equipment, above or below ground in a capacity of more than five gallons. Surfaces - Construct, replace or resurface asphalt or concrete driveways, parking areas, hardstands, or sidewalks. Marine Facilities - Install or replace docking mooring facilities for private or commercial watercraft, groins, sea walls, jetties, revetments, or similar structures and facilities related thereto. Fire Prevention/Suppression - Install, replace, or relocate fire sprinkler, fire alarm, smoke detection, or similar fire prevention and protection systems and related equipment or appurtenances. Exceptions: Ordinary minor repairs, installation or replacement may be made with the approval of the building official without a permit. Installation shall be done in accordance with the manufacturer's specifications when not in conflict with this or the technical Codes. Exemption from the permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or the technical codes or any other laws or ordinances of the applicable governing body. Building. Building permits may not be requircd for rcplacement or rcpair ',vork having valuc of less than $1,000, providing, hovt'ever, that such work \vill not effcct the structural intcgrity, firc rating, cxit acccss or egrcss requircmcnts. Mcchanical. Permits mn'( not bc r<:quired for the following mcchanical work: 1. Any portablc hcating appliance. 2. Any portable ventilation equipment. 3. Any portable cooling unit. 4. Any steam, hot or chillcd water piping within any heating or cooling cquipmcnt regulated by this code. S. rlcplaccmcnt of any part v..hich docs not alter its approval or makc it unsafe. 6. An', portnble evapomtive cooler. 7. Any self contnined rcfi"igefotion system containing ten pounds or less of rcfrigcront and actl:mtcd b,t" motors of one horsepowcr or less. 18 Electrical, Cas & Phtm"ing. In J one Jnd two. fJmily dwclling, J permit mJY not be rcquired for thc following: 1. flcpJir, instJIIQtion or rcplaccmcnt of common household fixtures to existing energy supply lines Jnd outlets. Existing energy suppl'/lines shJII not be Jltcred or cxtcndcd, 2. flepJir or replQccment of common household c1cctricJI s'l/itches Jnd outlcts on thc IOQd sidc of the electricJI sourcc. 3. RcpJir, installJtion or rcplJccment of common houschold plumbing fixturcs to cxisting supply Iincs Jnd outlcts, Existing supply Iincs shQII not be Jltcred or extcnded. This does not includc 'A'Jtcr hCJtcrs. 105.1.2 Food permit. As per Section 500.12, Florida Statutes, a food permit from the Department of Agriculture and Consumer Services is required of any person who operates a food establishment or retail store. 105.1.3 Annual facility oermit. In lieu of an individual permit for each alteration to an existing electrical. gas. mechanical. plumbing or interior nonstructural office system(s). the building official is authorized to issue an annual permit for any occupancy to facilitate routine or emergencv service. repair. refurbishing. minor renovations of service svstems or manufacturing equipment installations/relocations. The building official shall be notified of major changes and shall retain the right to make inspections at the facility site as deemed necessary. An annual facility oermit shall be assessed with an annual fee and shall be valid for one year from date of issuance. A seoarate permit shall be obtained for each facility and for each construction trade. as aoplicable. The permit application shall contain a general description of the parameters of work intended to be performed during the year. 105.1.4 Annual oermit records. The person to whom an annual permit is issued shall keep a detailed record of alterations made under such annual permit. The building official shall have access to such records at all times or such records shall be filed with the building official as designated. 19 105.2 Work exempt from permit. Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code. Permits shZlIl may not be required for the following: Building permit::; Zlnd roofing permit::; are not required for replZlcement or repair 'Nork having value of less thZln $1,500, providing hO'Never, thZlt such work will not effect the ::;tructural integrity, fire rating, exit access or egress requirements. Exccptions: OrdinZlry minor rcp;Jirs, inst;JIIZltion or rcpl;Jcement m;J'f bc mZldc '...'ith thc ZlpprO'lZlI of the building official .....ithout ;J permit. Inst;JIIZltion sh;J1I be donc in ;Jccord;Jnce with the mZlnufocturer's specificZltions '"hen not in conflict 'It'ith this or thc technic;J1 Codes. Excmption from thc pcrmit requiremcnts of this code ShZlIl not bc decmcd to grZlnt ;Juthoriz;Jtion for ;Jny work to bc done in any m;Jnncr in violation of the provisions of this code or the technical codes or ;Jny other IZlws or ordinances of the applic;Jble govcrning body. Building. Building permits may not be required for replacement or repair work having value of less than $1,000 $1.500.00, providing, however, that such work will not effcct affect the structural integrity, fire rating, exit access or egress requirements. In the case of roofing repairs, a permit may not be required for work having a value of less than $500, unless such work effects the structural integrity of the roof. Mechanical. Permits may not be required for the following mechanical work: 1. Any portable heating appliance. 2. Any portable ventilation equipment. 3. Any portable cooling unit. 4. Any steam, hot or chilled water piping within any heating or cooling equipment regulated by this code. 5. Replacement of any part which does not alter its approval or make it unsafe. 6. Any portable evaporative cooler. 7. Any self-contained refrigeration system containing ten pounds or less of refrigerant and actuated by motors of one-horsepower or less. 20 Electrical, Gas &. Plumbing. In 0 onc ond t'.vo. fomil'l dwclling, A a-permit may not be required for the following: 1. Repair, installation or replacement of common household fixtures to existing cncrgy supply Iincs branch circuit wiring and outlets. Existing encrgy suppl'{ ftAes branch circuit wiring shall not be altered or extended. 2. Repair or replacement of common household electrical switches and outlets on the load side of the electrical source. 3. Repair, installation or replacement of common household plumbing fixtures to existing supply lines and outlets. Existing supply lines shall not be altered or extended. This does not include water heaters. 105.2.1 Emergency repairs. Where equipment replacements and repairs must be performed in an emergency situation, the permit application shall be submitted within the next working business day to the building official. Prior notification shall be given to the building official including the work address, nature of emergency and scope of work. 105.2.2 Minor repairs. Ordinary minor repairs or installation of replacement parts may be made with the approval of the building official without a permit, provided the repairs do not include the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or load-bearing support, or the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the egress requirements; additionally, ordinary minor repairs shall not include addition to, alteration of, replacement or relocation of any standpipe, water supply, sewer, drainage, drain leader, gas, soil, waste, vent or similar piping, electric wiring systems or mechanical equipment or other work affecting public health or general safety, and such repairs shall not violate any of the provisions of the technical codes. 105.2.3 Temporary structures. A special building permit for a limited time may be required sholl bc obtoincd before the erection of temporary structures such as construction sheds, seats, canopies, tents and fences used in construction work or for temporary purposes such as reviewing stands. Such structures shall be completely removed upon the expiration of the time limit stated in the permit. 21 105.2.4 Work authorized. A building, electrical, gas, mechanical or plumbing permit shall carry with it the right to construct or install the work, provided the same are shown on the drawings and set forth in the specifications filed with the application for the permit. Where these are not shown on the drawings and covered by the specifications submitted with the application, separate permits shall be required. 105.3 Application for permit. To obtain a permit, the applicant shall first file an application therefore in writing on a form furnished by the building department for that purpose. The owner, or an authorized agent shall sign the application. Permit application forms shall comply with the requirements of Section 713.135(5) and (6), Florida Statutes. Each application shall be inscribed with the date of application, and the code in effect as of that date. For a building permit for which an application is submitted prior to the effective date of the latest edition of Florida Building Code, the state minimum building code in effect in the permitting jurisdiction on the date of the application governs the permitted work for the life of the permit and any extension granted to the permit. 105.3.1 Action on application. The building official shall examine or cause to be examined applications for permits and amendments thereto within a reasonable time after filing. If the application or the construction documents do not conform to the requirements of pertinent laws, the building official shall reject such application in writing, stating the reasons therefore. If the building official is satisfied that the proposed work conforms to the requirements of this code and laws and ordinances applicable thereto, the building official shall issue a permit therefore as soon as practicable. When authorized through contractual agreement with a school board, in acting on applications for permits, the building official shall give first priority to any applications for the construction of, or addition or renovation to, any school or educational facility. 105.3.1.1 If a state university, state community college or public school district elects to use a local government's code enforcement offices, fees charged by counties and municipalities for enforcement of the Florida Building Code on buildings, structures, and facilities of state universities, state colleges, and public school districts shall not be more than the actual labor and administrative costs incurred for 22 plans review and inspections to ensure compliance with the code. 105.3.1.2 No permit may be issued for any building construction, erection, alteration, modification, repair, or addition unless the applicant for such permit provides to the enforcing agency which issues the permit any of the following documents which apply to the construction for which the permit is to be issued and which shall be prepared by or under the direction of an engineer registered under Chapter 471, Florida Statutes: 1. Electrical documents for any new building or addition which requires an aggregate service capacity of 600 amperes (240 volts) or more on a residential electrical system or 800 amperes (240 volts) or more on a commercial or industrial electrical system and which costs more than $50,000. 2. Plumbing documents for any new building or addition which requires a plumbing system with more than 250 fixture units or which costs more than $50,000. 3. Fire sprinkler documents for any new building or addition that includes a fire sprinkler system which contains 50 or more sprinkler heads. A Contractor I, Contractor II, or Contractor IV, certified under Section 633.521 Florida Statutes, may design a fire sprinkler system of 49 or fewer heads and may design the alteration of an existing fire sprinkler system if the alteration consists of the relocation, addition or deletion of not more than 49 heads, notwithstanding the size of the existing fire sprinkler system. 4. Heating, ventilation, and air-conditioning documents for any new building or addition that requires more than a 15- ton-per-system capacity that is designed to accommodate 100 or more persons or for which the system costs more than $50,000. This paragraph does not include any document for the replacement or repair of an existing system in which the work does not require altering a structural part of the building or for work on a residential one, two, three or four-family structure. An air- conditioning system may be designed by an installing air- conditioning contractor certified under Chapter 489, Florida Statutes, to serve any building or addition which is designed to accommodate fewer than 100 persons and requires an air-conditioning system with a value of 23 $50,000 or less; and when a 15-ton-per system or less is designed for a singular space of a building and each 15-ton system or less has an independent duct system. Systems not complying with the above require design documents that are to be sealed by a professional engineer. Example 1: When a space has two 10-ton systems with each having an independent duct system, the contractor may design these two systems since each unit (system) is less than 15 tons. Example 2: Consider a small single-story office building that consists of six individual offices where each office has a single three-ton package air conditioning heat pump. The six heat pumps are connected to a single water-cooling tower. The cost of the entire heating, ventilation and air-conditioning work is $47,000 and the office building accommodates fewer than 100 persons. Because the six mechanical units are connected to a common water tower this is considered to be an 18-ton system. A mechanical or air conditioning contractor therefore could not design it. Note: It was further clarified by the Florida Building Commission that the limiting criteria of 100 persons and $50,000 apply to the building occupancy load and the cost for the total air- conditioning system of the building. 5. Any specialized mechanical, electrical, or plumbing document for any new building or addition which includes a medical gas, oxygen, steam, vacuum, toxic air filtration, halon, or fire detection and alarm system which costs more than $5,000. Documents requiring an engineer seal by this part shall not be valid unless a professional engineer who possesses a valid certificate of registration has signed, dated, and stamped such document as provided in Section 471.025, Florida Statutes. 105.3.2 Time limitation of application. An application for a permit for any proposed work shall be deemed to have been abandoned six months after the date of filing, unless such application has been pursued in good faith or a permit has been issued; except that the building official is authorized to grant one or more extensions of time for additional periods not exceeding 90 days each not to exceed three extensions. After the third 24 extension, appeal may be made to the Building. Board of Adjustment and Appeals for any additional extensions. The extension shall be requested in writing prior to the abandonment date and justifiable cause demonstrated. Abandoned applications shall be subject to destruction in accordance with state law. 105.3.3 An enforcing authority may not issue a building permit for any building construction, erection, alteration, modification, repair or addition unless the permit either includes on its face or there is attached to the permit the following statement: "NOTICE: In addition to the requirements of this permit, there may be additional restrictions applicable to this property that may be found in the public records of this county, and there may be additional permits required from other governmental entities such as water management districts, state agencies, or federal agencies. " 105.3.4 A building permit for a single-family residential dwelling must be issued within 30 working days of application therefore unless unusual circumstances require a longer time for processing the application or unless the permit application fails to satisfy the Florida Building Code or the enforcing agency's laws or ordinances. 105.3.5 Identification of minimum premium policy. Except as otherwise provided in Chapter 440, Florida Statutes, Workers' Compensation, every employer shall, as a condition to receiving a building permit, show proof that it has secured compensation for its employees as provided in Section 440.10 and 440.38, Florida Statutes. 105.3.6 Asbestos removal. Moving, removal or disposal of asbestos-containing materials on a residential building where the owner occupies the building, the building is not for sale or lease, and the work is performed according to the owner-builder limitations provided in this paragraph. To qualify for exemption under this paragraph, an owner must personally appear and sign the building permit application. The permitting agency shall provide the person with a disclosure statement in substantially the following form: 25 Disclosure Statement: State law requires asbestos abatement to be done by licensed contractors. You have applied for a permit under an exemption to that law. The exemption allows you, as the owner of your property, to act as your own asbestos abatement contractor even though you do not have a license. You must supervise the construction yourself. You may move, remove or dispose of asbestos-containing materials on a residential building where you occupy the building and the building is not for sale or lease, or the building is a farm outbuilding on your property. If you sell or lease such building within one year after the asbestos abatement is complete, the law will presume that you intended to sell or lease the property at the time the work was done, which is a violation of this exemption. You may not hire an unlicensed person as your contractor. Your work must be done according to all local, state and federal laws and regulations, which apply to asbestos abatement projects. It is your responsibility to make sure that people employed by you have licenses required by state law and by county or municipal licensing ordinances. 105.4 Conditions of the permit. 105.4.1 Permit intent. A permit issued shall be constructed to be a license to proceed with the work and not as authority to violate, cancel, alter or set aside any of the provisions of the technical codes, nor shall issuance of a permit prevent the building official from thereafter requiring a correction of errors in plans, construction or violations of this code. Every permit issued shall expire unless the work authorized by such permit is commenced within six months after its issuance, or if the work authorized by such permit is suspended or abandoned for a period of six months after the time the work is commenced 105.4.1.1 If work has commenced and the permit is revoked, becomes null and void, or expires because of lack of progress or abandonment, a new permit covering the proposed construction shall be obtained before proceeding with the work. 105.4.1.2 If a new permit is not obtained within six months from the date the initial permit became null and void, the building official is authorized to require that any work that has been commenced or completed be removed from the building site. Alternately, a new permit may be 26 issued on application, providing the work ,in place and' required to complete the structure meets all applicable regulations in effect at the time the initial permit became null and void and any regulations which may have become effective between the date of expiration and the date if issuance of the new permit. 105.4.1.3 Work shall be considered to be in active progress when the permit has received an approved inspection within six months. This provision shall not be applicable in case of civil commotion or strike or when the building work is halted due directly to judicial injunction, order or similar process. The building official is authorized to grant, in writing, one or more extensions of time, for periods not more than 90 days each. The extension shall be requested in writing and justifiable cause demonstrated, prior to expiration. 105.4.1.4 The fee for renewal re-issuance of a permit shall be set forth by the administrative authority. 105.5 Reserved. 105.6 Reserved. 105.7 Placing of permit. Work requiring a permit shall not commence until the permit holder or his agent places the permit card and all related documents in a conspicuous place on the premises. AU The permit card and all related documents shall be protected from the weather and located in such position as to allow the building official or representative to conveniently make the required entries thereon. The permit and all related documents shall be maintained in such position by the permit holder until the Certificate of Occupancy or Completion is issued by the building official. 105.8 Notice of commencement. As per Section 713.135, Florida Statutes, when any person applies for a building permit, the authority issuing such permit shall print on the face of each permit card in no less than l8-point, capitalized, boldfaced type: "WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR 27 PROPERTY. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT." 105.9 Asbestos. The enforcing agency shall require each building permit or plan for the demolition or renovation of an existing structure to contain an asbestos notification statement which indicates the owner's or operator's responsibility to comply with the provisions of Section 469.003, Florida Statutes, and to notify the Department of Environmental Protection of his or her intentions to remove asbestos, when applicable, in accordance with state and federal law. 105.10 Certificate of protective treatment for prevention of termites. A weather-resistant job-site posting board shall be provided to receive duplicate treatment certificates as each required protective treatment is completed, providing a copy for the person the permit is issued to and another copy for the building permit files. The treatment certificate shall provide the product used, identity of the applicator, time and date of the treatment, site location, area treated, chemical used, percent concentration and number of gallons used, to establish a verifiable record of protective treatment. If the soil chemical barrier method for termite prevention is used, final exterior treatment shall be completed prior to final building approval. 105.11 Notice of termite protection. A permanent sign which identifies the termite treatment provider and need for re-inspection and treatment contract renewal shall be provided. The sign shall be posted near the water heater or electric panel. 105.12 Work startina before Dermit issuance. Upon approval of the building official. the scope of work delineated in the building permit apclication and clan may be started prior to the final approval and issuance of the permit. orovided any work comoleted is entirely at risk of the permit applicant and the work does not proceed past the first required inspection. 105.*13 Foundation or phased permit approval. After submittal of the appropriate construction documents, the building official is authorized to issue a permit for the construction of foundations or any other part of a building or structure before the construction documents for the whole building or structure have been submitted. The holder of such permit for the foundation or other parts of a building or structure shall proceed at the holder's own risk with the building operation and without assurance that a permit for the entire structure will be 28 granted. Corrections may be required to meet the requirementsof,the technical codes. 105.13 Affida"."its. The building officiJI mJY Jccept J S'Norn JffidJvit from J registered Jrchitect or engineer stJting th~t the plJns submitted conform to the technic~1 codes. For buildings ~nd structures, the JffidJ'v'it shJII stJte thJt the pl~ns conform to the I~ws ~s to egress, type of construction Jnd geneml ~rrJngcment ~nd, if ~ccomp~nied by dr~wings, shmv the structurJI design ~nd th~t the pl~ns ~nd design conform to the requirements of the technic~1 codes ~s to strength, stresses, strJins, IOJds ~nd st~bility. The building offici~1 m~'1 'Nithout ~n'l ex~min~tion or inspection ~ccept such affid~'Jit, provided the ~rchitect or engineer who m~de such ~ffidavit ~grees to submit to the building officiJ' copies of inspection reports ~s inspections are performed Jnd upon completion of the structure, electrical, gJS, mechanic~1 or plumbing systems a certific~tion that the structurc, c1ectric~l, gas, mechanical or plumbing systcm has been erected in accordance .....ith the requircments of the technical codes. 'A'here the building offici~1 relies upon such ~ffid~vit, thc architcct or enginecr sh~1I ~ssume full responsibility for compliance with JII provisions of the technicJI codcs Jnd other pcrtinent I~ws or ordinJnces. The building official shall cnsure th~t ~ny person conducting plans revie'" is qualificd ~s a plJns ex~miner under rart XII of Chapter 468, Florid~ St~tutes, ~nd thJt any pcrson conducting inspections is qu~lified JS ~ building inspector under rart XII of Chapter 468, Florid~ St~tutcs. Nothing ~foresaid shall preclude plan re'y'iew or inspections by the building official. 105.14 Permit issued on basis of an affidavit. Whenever a oermit is issued in reliance uoon an affidavit or whenever the work to be covered by a permit involves installation under conditions which. in the opinion of the building official. are hazardous or comolex. the buildino official shall reauire that the architect or engineer who signed the affidavit or preoared the drawings or computations shall suoervise such work. In addition, they shall be resoonsible for conformity to the oermit. provide copies of insoection reoorts as inspections are performed. and upon completion make and file with the building official written affidavit that the work has been done in conformity to the reviewed plans and with the structural Drovisions of the technical codes. In the event such architect or enaineer is not available. the owner shall employ in his stead a comoetent person or aqencv whose qualifications are reVieowed by the building official. The building official shall ensure that anv erson conducting plans review is Qualified as a plans examiner under Part XII 29 of Chapter 468, Florida Statutes. and that anv person conducting inspections is qualified as a building inspector under Part III of Chapter 468, Florida Statutes. SECTION 106 CONSTRUCTION DOCUMENTS 106.1 Submittal documents. Construction documents, special inspection and structural observation programs, and other data shall be submitted in 6Ae two or more sets with each application for a permit. The construction documents shall be prepared by a design professional where required by the statutes. Where special conditions exist, the building official is authorized to require additional construction documents to be prepared by a design professional. Exception: The building official is authorized to waive the submission of construction documents and other data not required to be prepared by a registered design professional if it is found that the nature of the work applied for is such that review of construction documents is not necessary to obtain compliance with this code. If the design professional is an architect or engineer legally registered under the laws of this state regulating the practice of architecture as provided for in Chapter 481, Florida Statutes, Part I, or engineering as provided for in Chapter 471, Florida Statutes, then he or she shall affix his or her official seal, signature and date to said drawings, specifications and accompanying data, as required by Florida Statute. If the design professional is a landscape architect registered under the laws of this state regulating the practice of landscape architecture as provided for in Chapter 481, Florida Statutes, Part II, then he or she shall affix his or her seal, signature and date to said drawings, specifications and accompanying data as defined in Section 481.303(6)(a)(b)(c)(d), FS. 106.1.1 Information on construction documents. Construction documents shall be dimensioned and drawn upon suitable material. Electronic media documents are allowed to be submitted when approved by the building official. Construction documents shall be of sufficient clarity to indicate the location, nature and extent of the work proposed and show in detail that it will conform to the provisions of this code and relevant laws, ordinances, rules and regulations, as determined by the building official (see also Section 106.3.5). 30 106.1.1.1 Fire protection system shop drawings. Shop drawings for the fire protection system(s) shall be submitted to indicate conformance with this code and the construction documents and shall be approved prior to the start of system installation. Shop drawings shall contain all information as required by the referenced installation standards in Chapter 9. 106.1.1.2 For roof assemblies required by the code, the construction documents shall illustrate, describe, and delineate the type of roofing system, materials, fastening requirements, flashing requirements and wind resistance rating that are required to be installed. Product evaluation and installation shall indicate compliance with the wind criteria required for the specific site or a statement by an architect or engineer for the specific site must be submitted with the construction documents. 106.1.2 Additional data. The building official may require details, computations, stress diagrams, and other data necessary to describe the construction or installation and the basis of calculations. All drawings, specifications and accompanying data required by the building official to be prepared by an architect or engineer shall be affixed with their official seal, signature and date as state law requires. 106.1.3 Quality of building plans. Building plans shall be drawn to a minimum 1/8 inch scale upon substantial paper, cloth or other acceptable medium. The building official may establish through departmental policy, other standards for plans and specifications, in order to provide conformity to its record retention program. This policy may include such things as minimum size, shape, contrast, clarity, or other items related to records management. 106.2 Reserved. 106.3 Examination of documents. The building official shall examine or cause to be examined the accompanying construction documents and shall ascertain by such examinations whether the construction indicated and described is in accordance with the requirements of this code and other pertinent laws or ordinances. 31 Exceptions: 1. Building plans approved pursuant to Section 553.77(3), Florida Statutes, and state approved manufactured buildings are exempt from local codes enforcing agency plan reviews except for provisions of the code relating to erection, assembly or construction at the site. Erection, assembly (including utility crossover connections) and construction at the site are subject to local permitting and inspections. 2. Industrial construction on sites where design, construction and fire safety are supervised by licensed design and inspection professionals and which contain adequate in-house fire departments and rescue squads is exempt, subject to approval of the building official, from review of plans and inspections, providing the appropriate licensed design and inspection professionals certify that applicable codes and standards have been met and supply appropriate approved drawings to local building and fire-safety inspectors. 106.3.1 Approval of construction documents. When the building official issues a permit, the construction documents shall be endorsed, in writing or by stamp, as "Reviewed for Code Compliance." One set of construction documents so reviewed shall be retained by the building official. The other set shall be returned to the applicant, shall be kept at the site of work and shall be open to inspection by the building official or a duly authorized representative. 106.3.2 Previous approvals. This code shall not require changes in the construction documents, construction or designated occupancy of a structure for which a lawful permit has been heretofore issued or otherwise lawfully authorized, and the construction of which has been pursued in good faith within 180 days after the effective date of this code and has not been abandoned. 106.3.3 Product approvals. Those products which are regulated by DCA Rule 9B-72 shall be reviewed and approved in writing by the designer of record prior to submittal for jurisdictional approval. 106.3.4 Structural and fire resistance integrity. Plans for all buildings shall indicate how required structural and fire resistance integrity will be maintained where a penetration of a required fire resistant wall, floor or partition will be made for 32 electrical, gas, mechanical, plumbing and communication conduits, pipes and systems. Such plans shall also indicate in sufficient detail how the fire integrity will be maintained where required fire resistant floors intersect the exterior walls and where joints occur in required fire resistant construction assemblies. 106.3.4.1 Site drawings. Drawings shall show the location of the proposed building or structure and of every existing building or structure on the site or lot. The building official may require a boundary line survey, or other survey, prepared by a qualified surveyor. Surveys shall be prepared in accordance with provisions of Chapters 177 and 472 Florida Statutes, and Rule 61G17, Florida Administrative Code. 106.3.4.2 Reserved. 106.3.4.3 Certifications by contractors authorized under the provisions of Section 489 .115( 4)( b), Florida Statutes, shall be considered equivalent to sealed plans and specifications by a person licensed under Chapter 471, Florida Statutes, or Chapter 481 Florida Statutes, by local enforcement agencies for plans review for permitting purposes relating to compliance with the wind-resistance provisions of the code or alternate methodologies approved by the Florida Building Commission for one- and two-family dwellings. Local enforcement agencies may rely upon such certification by contractors that the plans and specifications submitted conform to the requirements of the code for wind resistance. Upon good cause shown, local government code enforcement agencies may accept or reject plans sealed by persons licensed under Chapters 471, 481 or 489, Florida Statutes. 106.3.5 Minimum plan review criteria for bUildings. The examination of the documents by the building official shall include the following minimum criteria and documents: a floor plan; site plan; foundation plan; floor/roof framing plan or truss layout; and all exterior elevations: 33 106.3.5.1 Commercial Buildings: 106.3.5.1.1 Building 1. Site requirements: Parking Fire access Vehicle loading Driving/turning radius Fire hydrant/water supply/post indicator valve (PIV) Set back/separation (assumed property lines) Location of specific tanks, water lines and sewer lines 2. Occupancy group and special occupancy requirements shall be determined. 3. Minimum type of construction shall be determined (see Table 503). 4. Fire-resistant construction requirements shall include the following components: Fire-resistant separations Fire-resistant protection for type of construction Protection of openings and penetrations of rated wa lis Fire blocking and draft stopping and calculated fire resistance 5. Fire suppression systems shall include: Early warning smoke evacuation systems Schematic fire sprinklers Standpipes Pre-engineered systems Riser diagram 6. Life safety systems shall be determined and shall include the following requirements: Occupant load and egress capacities Early warning Smoke control Stair pressurization Systems schematic 7. Occupancy load/egress requirements shall include: Occupancy load Gross, Net 34 Means of egress Exit access Exit Exit discharge Stairs construction/geometry and protection Doors Emergency lighting and exit signs Specific occupancy requirements Construction requirements Horizontal exits/exit passageways 8. Structural requirements shall include: Soil conditions/analysis Termite protection Design loads Wind requirements Building envelope Structural calculations (if required) Foundation Wall systems Floor systems Roof systems Threshold inspection plan Stair systems 9. Materials shall be reviewed and shall at a minimum include the following: Wood Steel Aluminum Concrete Plastic Glass Masonry Gypsum board and plaster Insulating (mechanical) Roofing Insulation 10.Accessibility requirements shall include the following: Site requirements Accessible route Vertical accessibility Toilet and bathing facilities Drinking fountains 35 Equipment Special occupancy requirements Fair housing requirements l1.Interior requirements shall include the following: Interior finishes (flame spread/smoke development) Light and ventilation Sanitation 12.Special systems: Elevators Escalators Lifts 13. Swimming pools; Plans shall detail compliance with Section 424 of the Florida Building Code and Department of Health requirements. Proper site plan is also required. 106.3.5.1.2 Electrical 1. Electrical: Wiring Services Feeders and branch circuits Overcurrent protection Grounding Wiring methods and materials GFCls 2. Equipment 3. Special occupancies 4. Emergency systems 5. Communication systems 6. Low voltage 7. Load calculations 106.3.5.1.3 Plumbing 1. Minimum plumbing facilities 2. Fixture requirements 3. Water supply piping 4. Sanitary drainage 5. Water heaters 6. Vents 7. Roof drainage 8. Back-flow prevention 36 ~ 9. Irrigation 10.Location of water supply line l1.Grease traps 12.Environmental requirements 13.Plumbing riser 106.3.5.1.4 Mechanical 1. Energy calculations 2. Exha ust systems: Clothes dryer exhaust Kitchen equipment exhaust Specialty exhaust systems 3. Equipment 4. Equipment location 5. Make-up air 6. Roof-mounted equipment 7. Duct systems 8. Ventilation 9. Combustion air 10.Chimneys, fireplaces and vents l1.Appliances 12.Boilers 13. Refrigeration 14.Bathroom ventilation 15. Lavoratory 106.3.5.2 Gas 1. Gas piping 2. Venting 3. Combustion air 4. Chimneys and vents 5. Appliances 6. Type of gas 7. Fireplaces 8. LP tank location 9. Riser diagram/shutoffs 106.3.5.3 Demolition 1. Asbestos removal 106.3.5.3.1 Engineering 1. Storm water drainage system and other requirements of the Engineering Division. 37 106.3.5.4 Residential (one- and two-family) Building 1. Site requirements Set back/separation (assumed property lines) Location of septic tanks 2. Fire-resistant construction (if required) 3. Smoke detector locations 4. Egress: Egress window size Location stairs construction requirements 5. Structural requirements shall include: Wall section from foundation through roof Assembly and materials Connector tables Wind requirements Structural calculations (if required) 6. Accessibility requirements: Show/identify accessible bath 7. Electrical: Electric service riser Wire sizes Conduit detail Grounding detail Complete load calculations Panel schedules Service equipment Panel locations 8. Mechanical Energy calculations Exhaust systems eclothes dryer exhaust ekitchen equipment exhaust especialty exhaust systems Equipment Equipment location Make-up air Roof-mounted equipment Duct systems Ventilation Combustion air Chimneys, fireplaces and vents Appliances Boilers Refrigeration 38 Bathroom ventilation Energy calculations,. Equipment and location, Duct systems 9. Plumbing Minimum plumbing facilities Fixture requirements Water supply piping Sanitary drainage Water heaters Vents Roof drainage Back flow prevention Irrigation Location of water supply line Environmental requirements Plumbing riser 10. Gas Gas piping Venting Combustion Chimneys and vents Appfiances Type of gas Fireplaces LP tank location Riser diagramjshut-offs 11. Engineering An engineered storm water plan for construction of more than 800 square feet of impervious area 106.3.5.5 Swimming pools: Barrier requirements Spas Wading pools 106.3.5.6 Exemptions. Plans examination by the building official shall not be required for the following work: 1. Exact replacement of existing equipment such as mechanical units, water heaters, etc. 2. Reroofs ~3. Minor electrical, plumbing and mechanical repairs 34. Annual maintenance permits 39 45. Prototype plans - Except for local site adaptations, siding, foundations and/or modifications Except for structures that require waiver. 56. Manufactured buildings plans except for foundations and modifications of buildings which are constructed on site. 106.4 Amended construction documents. Work shall be installed in accordance with the reviewed construction documents, and any changes made during construction that are not in compliance with the reviewed construction documents shall be resubmitted for review as an amended set of construction documents. 106.5 Retention of construction documents. One set of approved construction documents shall be retained by the building official as required by Florida Statutes. 106.6 Affidavits. The building official may accept a sworn affidavit from a registered architect or engineer stating that the plans submitted conform to the technical codes. For buildings and structures, the affidavit shall state that the plans conform to the laws as to egress, type of construction and general arrangement and, if accompanied by drawings, show the structural design and that the olans and design conform to the reauirements of the technical codes as to strength, stresses, strains, loads and stability. The building official mav without any examination or inspection accept such affidavit, provided the architect or engineer who made such affidavit agrees to submit to the building official copies of inspection reports as inspections are performed and upon completion of the structure, electrical, gas. mechanical or olumbing systems a certification that the structure. electrical, gas. mechanical or clumbing system has been erected in accordance with the reauirements of the technical codes. Where the buildina official relies upon such affidavit. the architect or engineer shall assume full responsibility for comoliance with all provisions of the technical codes and other pertinent laws or ordinances. The building official shall ensure that any person conducting plans review is qualified as a plans examiner under Part XII of Chapter 468, Florida Statutes, and that any cerson conducting inspections is qualified as a building inspector under Part XII of Chapter 468. Florida Statutes. 40 SECTION 107 TEMPORARY STRUCTURES AND USES 107.1 General. The building official is authorized to issue a permit for temporary structures and temporary uses. Such permits shall be limited as to time of service, but shall not be permitted for more than 180 days. The building official is authorized to grant extensions for demonstrated cause. 107.2 Conformance. Temporary structures and uses shall conform to the structural strength, fire safety, means of egress, accessibility, light, ventilation and sanitary requirements of this code as necessary to ensure the public health, safety and general welfare. 107.3 Temporary power. The building official is authorized to give permission to temporarily supply and use power in part of an electric installation before such installation has been fully completed and the final certificate of completion has been issued. The part covered by the temporary certificate shall comply with the requirements specified for temporary lighting, heat or power in Chapter 27 of the Florida Building Code, Building. For new construction the building official may authorize early power once all forms, inspections, policies, and fee~a have been paid for and complied with. 107.4 Termination of approval. The building official is authorized to terminate such permit for a temporary structure or use and to order the temporary structure or use to be discontinued. SECTION 108 FEES 108.1 Prescribed fees. A permit shall not be issued until all fees prescribed in Section 104.7 by the aoplicable governing bod~ inclusive have been paid. 108.2 Permit fees. For construction that includes building systems, structures, electrical systems, plumbing systems, mechanical systems, gas systems or other systems involving site improvements that require a permit, a permit fee and, where applicable, other fees shall wm be established by ordinance. These fees will be required to be paid by the applicant prior to permit issuance. Thc basis for dctcrmining the 41 pcrmit fee is established by City resolution. The City resolution document titled Fees for Land Development Related Activities contains the factor uscd to determine the permit fee. This f0ctor is identified in the catcgory titlcd Building and Construction Permits. The cost of the pcrmit fee is established by multiplying the value of the construction that is shO\\'n on the permit application by the permit fee factor. Permit fees are not refundable. City resolutions arc ratified by the City Commission and periodically may be amended purs~ant to the code, ordinances or regulations that are used to establish a resolution. 108.3 Other fees. A permit shall not be issued until all other fees associated with said permit are paid. Other fees may include additional fees, penalty fees, water and sewer capital facility fees, Fire Department fees, Palm Beach County Impact fees and State of Florida fees. Water and sewer facility fees are established in Chapter 26 of the City of Boynton Beach Code of Ordinances. The Fire Department fees are established in Chapter 9 of the City of Boynton Beach Code of Ordinances. The city collects Palm Beach County Impact fees that include fees for Roads, Public Buildings, Schools and Parks. The city collects State of Florida surcharge fees for the Radon Trust Fund (Radon) and Building Code Administrators and Inspectors Fund (BCAIF) . 108.4 Plan filing fee. A plan-filing fee shall be paid at the time of filing a permit application. The plan-filing fee is part of the permit fee and is deducted from the total amount of the permit fee. The dollar amount of the plan-filing fee is determined by multiplying the estimated dollar value of the construction that is specified by the permit fee factor and then multipltesying that total dollar amount by 30 percent. The plan-filing fee is not refundable. 108.5 Work commencing before permit issuance. Any person who starts work that requires a permit before obtaining the necessary permit(s) without prior approval from the building official shall be subject to a penalty of four times the permit fee that is required for the work. The building official shall have the authority to waive the penalty fee upon written appeal from the applicant 108.6 Permit revision and revision fees. When the applicant changes the construction from what was illustrated on the permitted plans, or is advised by the building official to revise plans, he/she shall complete a permit revision application form and submit two sets of revised drawings that depict the proposed change(s). Upon city 42 approval of the revised drawings and receipt of the applicant paying the appropriate permit revision fee, a permit revision will be issued. The permit revision will allow the construction to continue. The amount of the permit revision fee is established by multiplying the total dollar value of the revised construction that is identified by the applicant on the permit revision application by the permit fee factor. The total permit revision fee is not refundable and due at the time the permit revision application is submitted. Final inspection shall not be approved for any work when a permit revision has not been issued. 108.7 Accou.nting. The building official shall keep a permanent and accurate accounting of all permit fees and other monies collected for a permit. The names of persons upon whose account the permit fee was paid, along with the date and amount thereof, will be on record. 108.9 Building permit valuations 108.9.1 Value of construction. The dollar amount of a permit fee is based on the value of the construction multiplied by the permit fee factor. The value of construction is the total dollar value of the following elements: value of work associated with structural, electrical, plumbing, mechanical, interior finishes, QllQ normal site preparation", paving, draiRagc, landscape, i~~:~A (excav:Jtion and backfill for the bUilding); fees for :In:hit and design services; the tot:J1 of overhead ~lfld pr'Ofit. 108.9.2 Determining value of construction. The value of construction is the total dollar value of all construction proposed with a request for permit. The value of construction for new buildings and/or additions to existing buildings that increase the floor area shalf be determined by using the higher value between the two following computed values of construction - the value established by using the current ICC Building Valuation Data chart for average construction or the value that is established by the applicant's estimate. The applicant's value of construction shall be specified on the permit application. The value of construction for improvements not considered new buildings and/or additions to existing buildings shall be the value of construction established by the applicant's actual cost. The applicant's cost of construction shall be specified on the permit application. The value of construction for improvements not listed or identified in section 108.9.1 such as, but not limited to, site clearing and grubbing, drainage, site excavation, site fill, irrigation, landscaping, paving, sign, site lighting and special 43 structural, electrical, plumbing and mechanical systems shall be the value of construction that is established by the applicanes estimate. The applicant's value of construction shall be specified on the permit application. The value of construction for all improvements shown on the plans submitted for permit(s) shall determine the total permit fee. In all cases, the value of construction estimated by the applicant shall include the dollar value of all the elements listed in Section 108.9.1. The ICC Building Valuation Data is based on the elements listed in Section 108.9.1. 108.9.3 Applying the ICC valuation of construction. The ICC Building Valuation Data chart is produced twice a year. To determine the value of construction using the ICC Building Valuation Data chart, apply the following: find on the chart the Occupancy Classification and Type of Construction that matches that which is identified on the plans submitted for permit, take the average per foot value for the appropriate occupancy classification and type of construction, and multiply that dollar value by the regionol modifier for Florido ond then multiply thot tetaf by the gross floor area of the building. To determine the value of construction for residential occupancy classifications, apply 1000/0 of the average per foot value for the gross floor area of living space, apply 500/0 of the average per foot value for the gross floor area of garages and other areas as determined by the building official or his/her designee and apply 250/0 of the average per foot value for gross floor area of opened roofed area. The building valuation data chart includes values for unfinished basements, fire sprinklers, elevators and, where applicable, they shall be added to the other values to determine the total value of construction. For special occupancy classifications not listed in the ICC Valuation Chart, the value of construction shall be based on the cost estimate that the applicant specifies on the permit application. 108.9.4 Valuation. If, in the opinion of the building official and/or the building official's designee, there is a question regarding the valuation of the construction that the applicant specified on the permit application, the permit shall be denied until the applicant provides written detailed estimates, and/or a bona fide signed contract for the proposed improvements. The detailed estimates and/or bona fide signed contract shall be approved by the building official and/or the building official's designee. 44 108.9.5 Valuation alternatives. The building official may consider alternative valuations prepared by an independent expert only when accompanied by proper certification that the values include all elements defined on the plans submitted for permit. 108.9.6 Refunds. Refunds may be granted only for the other fees that are collected in conjunction with issuing a permit. See Section 104.7.3 fer a description of other fecs. Contact the building official or his/her designated representative for the procedures that are required to be followed to request a refund. 108.10 Contractors 108.10.1 Contractor1s responsibilities. It shall be the duty of every contractor who shall make contract for the installation or repairs of a building, structure, electrical, gas, mechanical or plumbing system, for which a permit is required to comply with state or local rules and regulations concerning licensing and inspections which the applicable governing authority may have adopted. 108.10.2 Residential owner/builder exemotion resoonsibilities. Pursuant to provisions of Chapter 489.103 and 489.503, Florida Statutes, a sole owner may make application for permit and supervise thc ir"/ork in connection must orovide direct on site supervision with the construction, maintenance, alterations, or repairs of a single family or duplex residence for his/her OWN USE AND OCCUPANCY and not intended for sale. The construction of more than one residence by an individual owner in any 12-month period shall be construed as contracting and, such owner shall then be required to be licensed as a contractor 108.10.3 Non-residential owner/builder exemotion resoonsibilities. An owner of any building may make application for a building permit for work not involving structural clcments, life safety, or fire protection, in a building that is for his/her OWN USE AND OCCUPANCY, and wherein the work does not exceed $5,000 jll valtle, alld tl'le rotillllF'61~::allle including the value of sub contr-act work decs not c d a maximum of $25,000 within any 12-month period. Contractors 45 currently licensed Jnd insured in their respective field shJl1 obtJin JII sub permits. SECTION 109 INSPECTIONS 109.1 General. Construction or work for which a permit is required shall be subject to inspection by the building official and such construction or work shall remain accessible and exposed for inspection purposes until approved. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. Inspections presuming to give authority to violate or cancel the provisions of this code or of other ordinances of the jurisdiction shall not be valid. It shall be the duty of the permit applicant to cause the work to remain accessible and exposed for inspection purposes. Neither the building official nor the jurisdiction shall be liable for expense entailed in the removal or replacement of any material required to allow inspection. 109.2 Preliminary inspection. Before issuing a permit, the building official is authorized to examine or cause to be examined buildings, structures and sites for which an application has been filed. 109.2.1 Existing building inspections. Before issuing a permit, the building official may examine or cause to be examined any building, electrical, gas, mechanical, or plumbing systems for which an application has been received for a permit to enlarge, alter, repair, move, demolish, install, or change the occupancy. He/she may inspect the buildings, structures, electrical, gas, mechanical and plumbing systems, from time to time, before, during and upon completion of the work for which a permit was issued. He/she shall make a record of every such examination and inspection and of all observed violations of the technical codes. Additional regulations in the Florida Building Code Existing Building ChJptcr 34 of this code may apply. 46 109.2.2 Manufacturers and fabricators. When deemed necessary by the building official, he/she shall make, or cause to be made, an inspection of materials or assemblies at the pOint of manufacture or fabrication. A record shall be made of every such examination and inspection and of all violations of the technical codes. 109.3 Required inspections. The building official upon notification from the permit holder or his or her agent shall make the following inspections, and such other inspections as deemed necessary, and shall either release that portion of the construction or shall notify the permit holder or his or her agent of any violations which must be corrected in order to comply with the technical codes. The building official shall determine the timing and sequencing of when inspections occur and what elements are inspected at each inspection. A complete survey, or special purpose survey may be required before an inspection is approved. The bUilding official shalf have the authority to accept affidavits as proof of compliance. A. Building 1. Foundation inspections. To be made after trenches are excavated and forms erected and shall at a minimum include the following building components: -Stem-wall -Monolithic slab-on-grade -Piling/pile caps -Footers/grade beams 2. Framing inspections. To be made after the roof, all framing, fire blocking and bracing is in place, all concealing wiring, all pipes, chimneys, ducts and vents are complete and shall at a minimum include the fOllOWing building components: -Window/door framing -Vertical cells/columns -Lintel/tie beams (including truss layout drawings) - Fra m ing/trusses/braci ng/ con nectors -Draft stopping/fire blocking -Curtain wall framing -Energy insulation -Accessibility. -Drywall 3. Sheathing inspections. To be made either as part of a dry-in inspection or done separately at the request of the contractor after all roof and wall sheathing and fasteners 47 are complete and shall at a minimum include the following building components: -Roof sheathing -Wall sheathing -Sheathing fasteners -Roof/wall dry-in -Sheathing/cladding inspection -Gypsum board, as required 4. Roofing inspections. Shall at a minimum include the following building components: -Dry-in - Insulation -Roof coverings (including In Progress) -Flashing 5. Final inspection. To be made after the building is completed and ready for occupancy. 6. Swimming pool inspection: -first inspection to be made after excavation and installation of reinforcing steel, bonding and main drain and prior to placing of concrete -perimeter plumbing -pool deck (including soil reports as applicable, paver-type decks, or special perimeter footings or deck features) -final alarm/electrical inspection prior to filling with water -final inspection to be made when the swimming pool is complete and all required enclosure requirements are in place -final Gas (if applicable) 7. Storm Shutter Inspection -to ensure compliance to Section 1606.1.4 8. Demolition Inspections: -first inspection to be made after all utility connections have been disconnected and secured in such manner that no unsafe or unsanitary condition shall exit during or after demolition operations. -final inspection to be made after all demolition work is completed. 9. Manufactured building inspections. The building department shall inspect construction of foundations; connecting buildings to foundations; installation of parts Identified on plans as site installed items, joining the modules, including utility crossovers; utility connections 48 from the building to utility lines on site; and any other work done on site which requires compliance with the Florida Building Code. Additional inspections may be required for public educational facilities (see Section 423.27.20). B. Electrical 1. Underground inspection (including bonding and ground). To be made after trenches or ditches are excavated, conduit or cable installed, and before any backfill is put in place. 2. Rough-in inspection. To be made after the roof, framing, fireblocking and bracing is in place and prior to the installation of wall or ceiling membranes. 3. Low Voltage: To be made for security, alarm, elevator, and special uses prior to being covered from view. 4. Final inspection. To be made after the building is complete, all required electrical fixtures are in place and properly connected or protected, and the structure is ready for occupancy. c. Plumbing 1. Underground inspection: To be made after trenches or ditches are excavated, piping installed, and before any backfill is put in place. 2. Rough-In inspection: To be made after the roof, framing, fire blocking and bracing is in place and all soil, waste and vent piping is complete, and prior to this installation of wall or ceiling membranes. 3. Final inspection: To be made after the building is complete, all plumbing fixtures are in place and properly connected, and the structure is ready for occupancy. Note: See Section 312 of the Florida Building Code, Plumbing, for required tests. D. Mechanical 1.. Underground inspection. To be made after trenches or ditches are excavated, underground duct and fuel piping installed, and before any backfill is put in place. 2. Rough-in inspection. To be made after the roof, framing, fire blocking and bracing are in place and all ducting, and other concealed components are complete, and prior to the installation of wall or ceiling membranes. 3. Final inspection. To be made after the building is complete, the mechanical system is in place and properly connected, and the structure is ready for occupancy. 49 E.Gas 1. Rough piping inspection. To be made after all new piping authorized by the permit has been installed, and before any such piping has been covered or concealed or any fixtures or gas appliances have been connected. This inspection shall include a pressure test. 2. Final piping inspection. To be made after all piping authorized by the permit has been installed and after all portions which are to be concealed by plastering or otherwise have been so concealed, and before any fixtures or gas appliances have been connected. This inspection shall include a pressure test. 3. Final inspection. To be made on all new gas work authorized by the permit and such portions of existing systems as may be affected by new work or any changes, to ensure compliance with all the requirements of this code and to assure that the installation and construction of the gas system is in accordance with reviewed plans. 109.3.1 Written release. Work shall not be done on any part of a building, structure, electrical, gas, mechanical or plumbing system beyond the point indicted in each successive inspection without first obtaining a written release from the building official. Such written release shall be given only after an inspection has been made of each successive step in the construction or installation as indicated by each of the foregoing inspections. 109.3.2 Failure to obtain required inspections. The permit applicant's failure to obtain required inspections may necessitate uncovering concealed work to facilitate inspection. The cost of testing, certification or additional fees shall be born by the applicant. In addition, the building official may refuse to issue a building permit or issue a permit with specific conditions if the local Building Board of Adjustment and Appeals, through a public hearing which affords due process, has found the contractor guilty of a willful building code violation, fraud or disregard for inspection requirements. 109.3.3 Reinforcing steel and structural frames. Reinforcing steel or structural framework of any part of any building or structure shall not be covered or concealed without first obtaining a release from the building officia I. Certification that field welding and structural bolted connections meet design plan requirements shall be submitted to the building official, upon 50 request. Certification of weld and bolted connections shalf b~ from a third party independent agency. 109.3.4 Termites. Building components and building surroundings required to be protected from termite damage in accordance with Section 1503.6, Section 2304.13 or Section 2304.11.6, specifically required to be inspected for termites in accordance with Section 2114, or required to have chemical soil treatment in accordance with Section 1816 shall not be covered or concealed until the release from the building official has been received. 109.3.5 Shoring. For threshold buildings, shoring and associated formwork or falsework shall be designed and inspected by a Florida licensed professional engineer, employed by the permit holder or subcontractor, prior to any required mandatory inspections by the threshold building inspector. 109.3.6 Threshold building. 109.3.6.1 The enforcing agency shall require a special inspector to perform structural inspections on a threshold building pursuant to a structural inspection plan prepared by the engineer or architect of record. The structural inspection plan must be submitted to the enforcing agency prior to the issuance of a building permit for the construction of a threshold building. The purpose of the structural inspection plans is to provide specific inspection procedures and schedules so that the building can be adequately inspected for compliance with the permitted documents. 109.3.6.2 The special inspector shall inspect the shoring and re-shoring for conformance to the shoring and re- shoring plans submitted to the enforcing agency. A fee simple title owner of a building which does not meet the minimum size, height, occupancy, occupancy classification or number-of-stories criteria which would result in classification as a threshold building under Section 553.71(7) Florida Statutes, may designate such building as a threshold building, subject to more than the minimum number of inspections required by the Florida Building Code, Building. 51 109.3.6.3 The fee owner of a threshold building shall select and pay all costs of employing a special inspector, but the special inspector shall be responsible to the enforcement agency. The inspector shall be a person certified, licensed or registered under Chapter 471, Florida Statutes, as an engineer or under Chapter 481, Florida Statutes, as an architect. 109.3.6.4 Each enforcement agency shall require that, on every threshold building: 109.3.6.4.1 The special inspector, upon completion of the building and prior to the issuance of a certificate of occupancy, file a signed and sealed statement with the enforcement agency in substantially the following form: "To the best of my knowledge and belief, the above described construction of all structural load-bearing components complies with the permitted documents, and the shoring and re-shoring conforms to the shoring and re- shoring plans submitted to the enforcement agency." 109.3.6.4.2 Any proposal to install an alternate structural product or system to which building codes apply be submitted to the enforcement agency for review for compliance with the codes and made part of the enforcement agency's recorded set of permit documents. 109.3.6.4.3 All shoring and re-shoring procedures, plans and details be submitted to the enforcement agency for record keeping. Each shoring and re- shoring installation shall be supervised, inspected and certified to be in compliance with the shoring documents by the contractor. 109.3.6.4.4 All plans for the building which are required to be signed and sealed by the architect or engineer of record contain a statement that, to the best of the architect's or engineer's knowledge, the plans and specifications comply with the applicable minimum building codes and the applicable fire- safety standards as determined by the local authority 52 in accordance with this section and .Chapter 633, Florida Statutes. 109.3.6.5 No enforcing agency may issue a building permit for construction of any threshold building except to a licensed general contractor, as defined in Section 489.105(3)(a), Florida Statutes, or to a licensed building contractor, as defined in Section 489.105(3)(b), Florida Statutes, within the scope of her or his license. The named contractor to whom the building permit is issued shall have the responsibility for supervision, direction, management and control of the construction activities on the project for which the building permit was issued. 109.3.6.6 The building department may allow a special inspector to conduct the minimum structural inspection of threshold buildings required by this code, Section 553.73, Florida Statutes, without duplicative inspection by the building department. The building official is responsible for ensuring that any person conducting inspections is qualified as a building inspector under Part XII of Chapter 468, Florida Statutes, or certified as a special inspector under Chapter 471 or 481, Florida Statutes. Inspections of threshold buildings required by Section 553.79(5), Florida Statutes, are in addition to the minimum inspections required by this code. 109.3.7 Other inspection services. The building official may make, or cause to be made by others, the inspections required by Section 109. He/she may accept reports of inspectors of recognized inspection services, provided that after investigation he/she is satisfied as to their qualifications and reliability. A certificate called for by any provision of the technical codes shall not be based on such reports unless the same are in writing and certified by a responsible officer of such service. The building official may require the owner to employ an inspection service in the following instances: 1. For buildings or additions of Type I or Type II construction 2. For all major structural alterations 3. Where the concrete design is based on compressive strength (f 'c) in excess of 3000 pounds per square inch 4. For pile driving 5. For buildings with area greater than 20,000 square foot 6. For buildings more than 2 stories in height 53 7. For buildings and structures of unusual design or methods of construction Such inspectors shall be adequately present at times work is underway on the structural elements of the building. Such inspectors shall be a registered architect, or engineer, or a person licensed under Chapter 468, Part XII, Florida Statutes. Such inspectors shall submit weekly progress reports including the daily inspections to the building official, and including a code compliance opinion of the Resident Inspector. At the completion of the construction work or project, such inspectors shall submit a certificate of compliance to the building official, stating that the work was done in compliance with this code and in accordance with the permitted drawing. Final inspection shall be made by the building official before a Certificate of Occupancy or Certificate of Completion is issued; and confirmation inspections may be made at any time to monitor activities and resident inspectors. 109.3.8 Plaster fire protection. In all buildings where plaster is used for fire protection purposes, the permit holder or his agent shall notify the building official after all lathing and backing is in place. Plaster shall not be applied until the release from the building official has been received. 109.3.9 Fire resistant joints and penetrations. The protection of joints and penetrations in required fire resistant construction assemblies shall not be covered or concealed from view without first obtaining a release from the building official. 109.3.10 Impact of construction All construction activity regulated by this code shall be performed in a manner so as not to adversely impact the condition of adjacent property, unless such activity is permitted to affect said property pursuant to a consent granted by the applicable property owner, under terms or conditions agreeable to the applicable property owner. This includes, but is not limited to, the control of dust, noise, water or drainage run-offs, debris, and the storage of construction materials. New construction activity shall not adversely impact legal historic surface water drainage flows serving adjacent properties, and may require special drainage design complying with engineering standards to preserve the positive drainage patterns of the affected sites. Accordingly, developers, contractors and owners of all new residential development, 54 including additions, pools, patios, driveways, decks or similar items, on existing properties resulting in a significant decrease in excess of 800 square feet of permeable land area on any parcel or has altered the drainage flow on the developed property shall, as a permit condition, provide a professionally prepared drainage plan clearly indicating compliance with this paragraph. Upon completion of the improvement, a certification from a licensed engineer shall be submitted to the inspector in order to receive approval of the final inspection. 109.3.11 Freeboard. The finish floor elevation of all habitable space in new construction not located in a flood zone shall be elevated a minimum of twelve inches above the crown of the road. 109.4 Inspections prior to issuance of Certificate of Occupancy or Completion. The building official shall inspect or cause to be inspected, at various intervals, all construction or work for which a permit is required, and a final inspection shall be made of every building, structure, electrical, gas, mechanical or plumbing system upon completion, prior to the issuance of the Certificate of Occupancy or Certificate of Completion. In performing inspections, the building official shall give first priority to inspections of the construction, addition, or renovation to, any facilities owned or controlled by a state university, state community college or public school district. 109.5 Inspection requests. It shall be the duty of the holder of the building permit or their duly authorized agent to notify the building official when work is ready for inspection. It shall be the duty of the permit holder to provide access to and means for inspections of such work that are required by this code. 109.6 Approval required. Work shall not be done beyond the pOint indicated in each successive inspection without first obtaining the approval of the bUilding official. The building official, upon notification, shall make the requested inspections and shall either indicate the portion of the construction that is satisfactory as completed, or notify the permit holder or his or her agent wherein the same fails to comply with this code. Any portions that do not comply shall be corrected and such portion shall not be covered or concealed until authorized by the building official. 55 SECTION 110 CERTIFICATES AND BUILDING USE 110.1 Certificate of Occupancy 110.1.1 Building occupancy. A new building shall not be occupied or a change made in the occupancy, nature or use of a building or part of a building until after the building official has issued a Certificate of Occupancy. Said certificate shall not be issued until all required electrical, gas, mechanical, plumbing and fire protection systems have been inspected for compliance with the technical codes and other applicable laws and ordinances and released by the building official. 110.1.2 Issuing Certificate of Occupancy. Upon satisfactory completion of construction of a building or structure and installation of electrical, gas, mechanical and plumbing systems in accordance with the technical codes, reviewed plans and specifications, and after the final inspection, the building official shall issue a Certificate of Occupancy. The building official shall issue a certificate of occupancy that contains the following: 1. The building permit number. 2. The address of the structure. 3. The name and address of the owner. 4. A description of that portion of the structure for which the certificate is issued. 5. A statement that the described portion of the structure has been inspected for compliance with the requirements of this code for the occupancy and division of occupancy and the use for which the proposed occupancy is classified. 6. The name of the building official. 7. The edition of the code under which the permit was issued. 8. The use and occupancy, in accordance with the provisions of Chapter 3. 9. The type of construction as defined in Chapter 6. 10. The design occupant load. 11. If an automatic sprinkler system is provided, whether the sprinkler system is required. 12. Any special stipulations and conditions of the building permit. 110.1.3 Temporary/partial occupancy. A 3D-day temporary/partial Certificate of Occupancy or Certificate of Completion may be issued for a portion or portions of a building that may safely be occupied prior to final completion of the 56 building. The building official shall have the authority, once all life safety issues have been complied with, to require an applicant to provide adequate cash surety for unfinished work or revision of plans until a permanent Certificate of Occupancy or Certificate of Completion is granted. The purpose of the cash surety is to insure completion of work under this permit. Such cash surety shall be equal to one hundred ten percent (1100/0) of the estimated value of the remaining work, including labor and material, as determined by the design professional. The design professional shall submit a signed and sealed document attesting to the amount required to cover the cash surety. If work has not been completed and all finals requested within 90 days of issuance of the initial Temporary/Partial Certificate of Occupancy or Certificate of Completion, the City retains the right to have the applicant surrender the cash surety. The City then may use the surety to finish the remaining work. The surety shall be in the form of cash money, certified check, or cashiers check. Surety shall be returned upon approval of all final inspections and upon written request that has been approved by the building official. 110.2 Certificate of Completion. Upon satisfactory completion of a building, structure, electrical, gas, mechanical or plumbing system, a Certificate of Completion may be issued. This certificate is proof that a structure or system is complete and for certain types of permits is released for use and may be connected to a utility system. This certificate does not grant authority to occupy or connect a building, such as a shell building, prior to the issuance of a Certificate of Occupancy. 110.3 Service Utilities 110.3.1 Connection of service utilities. No person shall make connections from a utility, source of energy, f~el or power to any building or system which is regulated by the technical codes for which a permit is required, until released by the building official and a Certificate of Occupancy or Completion is issued. The servicing utility company shall not connect the power supply until notified by the building official. 110.3.2 Temporary connection. The building official may authorize the temporary connection of the building or system to the utility source of energy, fuel or power for the purpose of testing building service systems or for use under a temporary Certificate of Occupancy. 57 110.3.3 Authority to disconnect service utilities The building official shall have the authority to authorize disconnection of utility service to the building, structure or system regulated by the technical codes, in case of emergency where necessary to eliminate an immediate hazard to life, or property, or unsafe condition. The building official shall notify the serving utility and, whenever possible, the owner and occupant of the building, structure or service system of the decision to disconnect prior to taking such action. If not notified prior to disconnecting, the owner or occupant of the building, structure or service system shall be notified in writing, as soon as practical thereafter. 110.4 Posting floor loads 110.4.1 Occupancy. An existing or new building shall not be occupied for any purpose that will cause the floors thereof to be loaded beyond their safe capacity. The building official may permit occupancy of a building for mercantile, commercial or industrial purposes, by a specific business, when he/she is satisfied that such capacity will not thereby be exceeded. 110.4.2 Storage and factory-industrial occupancies. It shall be the responsibility of the owner, agent, proprietor or occupant of Group S and Group F occupancies, or any occupancy where excessive floor loading is likely to occur, to employ a competent architect or engineer in computing the safe load capacity. All such computations shall be accompanied by an affidavit from the architect or engineer stating the safe allowable floor load on each floor in pounds per square foot uniformly distributed. The computations and affidavit shall be filed as a permanent record of the building division. 110.4.3 Signs required. In every building or part of a building used for storage, industrial or hazardous purposes, the safe floor loads, as reviewed by the building official on the plan, shall be marked on plates of approved design which shall be supplied and securely affixed by the owner of the building in a conspicuous place in each story to which they relate. Such plates shall not be removed or defaced, and if lost, removed or defaced, shall be replaced by the owner of the building. 58 SECTION 111 TESTS The building official may require tests or test reports as proof of compliance with aoplicable sections of this code. Required tests are to be made at the expense of the owner, or agent, by an approved testing laboratory or other approved agency. SECTION 112 BUILDING BOARD OF ADJUSTMENT AND APPEALS 112.1 Appointment There is hereby established a board to be called the Building Board of Adjustment and Appeals, which shall consist of seven members and two alternates. The applicable governing body shall appoint the Board. 112.2 Membership and Terms 112.2.1 Membership. The Building Board of Adjustment and Appeals shall consist of seven members. Such board members shall be composed of individuals with knowledge and experience in the technical codes to include an architect, engineer, general contractor, electrical contractor, HVAC contractor, plumbing contractor, and any other contractor licensed category. In addition to the regular members, there should be two alternate members, one member with the qualifications referenced above and one member at large from the public. A board member shall not act in a case in which he has a personal or financial interest. 112.2.2 Terms. The terms of office of the board members shall be staggered so no more than one-third of the board is appointed or replaced in any 12-month period. The two alternates, if appointed, shall serve one-year terms. Vacancies shall be filled for an unexpired term in the manner in which original appointments are required to be made. Three absences of any member from required meetings of the board shall in a 12 month period, at the discretion of the applicable governing body, render any such member subject to immediate removal from office. 59 112.2.3 Quorum and voting. A simple majority of the board shall constitute a quorum. In varying any provision of this code, the affirmative votes of the majority present, but not less than three affirmative votes, shall be required. In modifying a decision of the building official, not less than four affirmative votes, but not less than a majority of the board, shall be required. In the event that regular members are unable to attend a meeting, the alternate members, if appointed, shall vote. 112.2.4 Secretary of board. The building official or his/her authorized representative shall act as secretary of the board and shall make a detailed record of all of its proceedings, which shall set forth the reasons for its decision, the vote of each member, the absence of a member, and any failure of a member to vote. 112.3 Powers. The Building Board of Adjustments and Appeals shall have the power, as further defined in 112.4, to hear appeals of decisions and interpretations of the building official and consider variances of the technical codes. 112.4 Appeals 112.4.1 Decision of the building official. The owner of a building, structure or service system, or duly authorized agent, rnay appeal a decision of the building official to the Building Board of Adjustment and Appeals whenever anyone of the following conditions are claimed to exist: 1. The building official rejected or refused to approve the mode or manner of construction proposed to be followed or materials to be used in the installation or alteration of a building, structure or service system. 2. The provisions of this code do not apply to this specific case. 3. That an equally good or more desirable form of installation can be employed in an specific case. 4. The true intent and meaning of this code or any of the regulations hereunder have been misconstrued or incorrectly interpreted. 112.4.2 Variances. The Building Board of Adjustments and Appeals, when so appealed to and after a hearing, may vary the application of any provision of this code to any particular case when, in its opinion, the enforcement thereof would do manifest injustice and would be contrary to the spirit and purpose of this 60 or the technical codes or public interest, and also finds all of the following: 1. That special conditions and circumstances exist which are peculiar to the building, structure or service system involved and which are not applicable to others. 2. That the special conditions and circumstances do not result from the action or inaction of the applicant. 3. That granting the variance requested will not confer on the applicant any special privilege that is denied by this code to other buildings, structures or service system. 4. That the variance granted is the minimum variance that will make possible the reasonable use of the building, structure or service system. 5. That the grant of the variance will be in harmony with the general intent and purpose of this code and will not be detrimental to the public health, safety and general welfa reo 112.4.2.1 Conditions of the variance. In granting the variance, the board may prescribe a reasonable time limit within which the a~ion for which the variance is required shall be commenced or completed or both. In addition, the board may prescribe appropriate conditions and safeguards in conformity with this code. Violation of the conditions of a variance shall be deemed a violation of this code. 112.4.3 Notice of appeal. Notice of appeal shall be in writing and filed within 30 calendar days after the building official renders the decision. Appeals shall be in a form acceptable to the building official. 112.4.4 Unsafe or dangerous buildings or service systems. In the case of a building, structure or service system, which in the opinion of the building official, is unsafe, unsanitary or dangerous, the building official may, in the order, limit the time for such appeals to a shorter period. 112.5 Procedures of the board. 112.5.1 Rules and regulations. The board shall establish rules and regulations for its own procedure not inconsistent with the provisions of this code. The board shall meet on call of the chairman. The board shall meet within 30 calendar days after notice of appeal has been received. 61 112.5.2 Decisions. The Building Board of Adjustment and Appeals shall, in every case, reach a decision without unreasonable or unnecessary delay. Each decision of the board shall also include the reasons for the decision. If a decision of the board reverses or modifies a refusal, order, or disallowance of the building official or varies the application of any provision of this code, the building official shall immediately take action in accordance with such decision. Every decision shall be promptly filed in writing in the office of the building official and shall be open to public inspection. A certified copy of the decision shall be sent by mail or otherwise to the appellant and a copy shall be kept publicly posted in the office of the building official for two weeks after filing. Every decision of the board shall be final; subject however to such remedy as any aggrieved party might have at law or in equity. SECTION 113 SEVERABILITY If any section, subsection, sentence, clause or phrase of this code is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this code. SECTION 114 'JIOLA TIONS AND PENALTIES STOP WORK ORDER 114.1 Authority. Whenever the building official finds any work regulated by this code being performed in a manner either contrary to the provisions of this code or dangerous or unsafe, the building official is authorized to issue a stop work order. 114.2 Issuance. The stop work order shall be in writing and shall be given to the owner of the property involved, or to the owner's agent, or to the oerson doing the work. Upon issuance of a stoD work order. the cited work shall immediately cease. The stop work order shall state the reason for the order, and the conditions under which the cited work will be oermitted to resume. 62 114.3 Unlawful continuance. Any person who shall continue any work after having been served with a stop work order. exceot such work as that person is directed to perform to remove a violation or unsafe condition. shall be subject to penalties as prescribed by law. SECTION 115 Reserved SECTION 116 (Section 1609, Florida Building Code) WIND LOADS 116.1 Basic wind speed. The basic wind speed in miles per hour, for the development of wind loads, shall be determined from Figure 1609, said Basic Wind Speed for Palm Beach County being: 3 Second Gust All Locations In 120 mph R35E 130 mph R36E, R37E, R38E 140 mph R39E through R43E as depicted on map Figure 1609 is hereby added to this code. 63 .~ ""(v(':,C;:,t;.. " c. . . ." . . " " L: \. G ....... ~/.~:;. )-...... (\ <;; T'C) r..i CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORl\. XII. - LEGAL ITEM 0.1 Requested City Commission Date Fina] Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to CilY Clerk's Office D August 1, 2006 July 17,2006 (Noon.) r8J October 3, 2006 September 18, 2006 (Noon) D August 15, 2006 July 31, 2006 (Noon) D October 17, 2006 October 2, 2006 (Noon) D September 6, 2006 August ]4,2006 (Noon) D November 8, 2006 October 16,2006 (Noon) D September] 9, 2006 September 5, 2006 (Noon) D November 2], 2006 November 6, 2006 (Noon) D AnnouncementslPresentations D City Manager's Report NATURE OF D Administrative D New Business AGENDA ITEM C Consent Agenda ~ Legal D Code Compliance & Legal Settlements D Unfmished Business D Public Hearing D RECOMMENDATION: Please place this item on the October 3,2006 agenda under Consent-Resolutions proposing amendments to the fee schedule for the land development applications processed by the Planning & Zoning Division. StafTrecommends that the proposed amendments be approved. EXPLANATION: StafThas completed a review of the current fee schedule for applications processed by the Planning & Zoning Division and proposes the amendments as indicated on the attached fee schedule. This review took into consideration current processing costs based, in part, on a time/fee study, project sizes and complexity, new processes or changes overlooked or underestimated in past reviews, costs for legal ads, and improvements for better customer service and internal consistency. The last update of the application fees occurred in 1995, but no back-up documentation was located. Therefore this current and comprehensive review and update, if acceptable to the City Commission, will also serve as a benchmark for future studies and updates. For further explanation, please refer to the attached Development Department memorandum #06-164. AL TERNA TIVES: N/A Revenues to increase based on application submittals. New format will ensure legal ad cost is paid in full by applicant. Not adopt proposed changes or adopt with modific ions. PROGRAM IMP ACT: FISCAL IMPACT: Develo City Manager's Signature ~ pfrL7d.,,:. Assistant to City Manager City Attorney / Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 RESOLUTION NO. 06- 2 A RESOLUTION OF THE CITY COMMISSION OF THE 3 CITY OF BOYNTON BEACH, FLORIDA, ADOPTING 4 FEES FOR LAND DEVELOPMENT RELATED 5 ACTIVITIES IN THE CITY OF BOYNTON BEACH, AND 6 PROVIDING AN EFFECTIVE DATE 7 8 WHEREAS, The City Commission for the City of Boynton Beach last adopted a Fee 9 Schedule for Land Development Activities on April 18, 1995 pursuant to the adoption of 10 Resolution No. R95-45; and II WHEREAS, the City Commission, pursuant to Part Ill, "Land Development 12 Regulations", Chapter 1, "General Provisions", Article 6, "Land Development Fees", has the 13 authority to establish fees for Land Development Activities pursuant to Resolution; and 14 WHEREAS, the City Commission for the City of Boynton Beach finds that the 15 adoption of this revised fee schedule is necessary and is in the best interest of the health, 16 safety and welfare of the citizens or residents of Boynton Beach. 17 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 18 THE CITY OF BOYNTON BEACH, FLORIDA THAT: 19 Section 1. The above referenced whereas clauses are incorporated herein by 20 reference. 21 Section 2. The fees for Land Development related activities attached hereto as 22 Exhibit "A", incorporated herein by reference, is hereby adopted as the fee schedule for those 23 related activities as indicated on the fee schedule. A copy of the fee schedule shall be 24 maintained in the City Clerk's office as well as the Planning and Zoning Department. 25 Section 3. This Resolution shall become effective immediately upon its passage 26 and adoption. 1 PASSED AND ADOPTED this 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 ATTEST: 19 20 21 City Clerk 22 23 (Corporate Seal) 24 25 26 day of October, 2006. CITY OF BOYNTON BEACH, FLORIDA Mayor - Jerry Taylor Vice-Mayor - Carl McKoy Commissioner - Robert Ensler Commissioner - Mack McCray Commissioner - Muir C. Ferguson FEES FOR LAND DEVELOPMENT RELATED ACTIVITIES ACTIVITY -~--~._--~--.,... - - ____n_ ProDosed Existinq -------------- Abandonments (easement or right-of-way) ._-~-------'- -- -- --.-.---..----.- $750 $500 Annexations $500 $750/$1,OQQ .. Appeals , Administrative $750 $200 Community Design Plan First appeal (per code section) $500 $400 Each additional appeal $100 $100 ~.._- _.----- Landscape Code First appeal (per code section) $500 $200 Each additional appeal $100 $100 Comprehensive Plan Amendment (Map) Up to 10 acres $ 750 $750 10 acres or more $1,000 $1,750 Comprehensive Plan Amendment (Text) $1 ,000 ---, $250 Comprehensive Plan Amendment Transmittal (to be paid prior to 2nd Reading) $500 $250 Conditional Use Approval 1 Concurrent with site plan review (in addition to site plan review fee) $1,000 $1,500/$1,000 Use Only with no site/building modifications (in lieu of site plan review fee) $750 New Development of Regional Impact (DRI) Review L : Notice Of Proposed Change (NOPC) $1 ,500 Hourly rate New DRI or Substantial Deviation $5,000 New Review of Annual Reports $400 New Height Exception $250 $250 . Legal review of documents (i.e. cross-access agreements and leased $500 $400 , parking agreements) ! Master Plan Review (within a conventional zoning district) Less than 10 acres $1 ,000 $1,000 10 acres or more $1 ,500 $1,500 Master Plan Modification (reqardless of zoning) $750 $500 ! Minor Site Plan Modification ! Arch./elevation changes only (i.e. only requiring review by P &2 division) $150 Multiple changes to a single structure and/or site and/or requires review by more than one division or department. $500 $100 Multiple modifications to multiple buildings and requires review by more Than one division or department (i.e. M-U or POD). $750 New Site Plan or Major Site Plan Modification Review (total project sq. ft.) , Up to 2,999 sq. ft. $750 3,000 - 9,999 sq. ft. $1,000 10,000 - 29,999 sq ft $1,500 $750/ $1,500 30,000 - 99,999 sq $2,000 100,000 - 499,999 sq ft $2,500 500,000 + sq ft $3,000 PID District Use Approval $750 $250 .--- - PID District Code Waivers First waiver (per code section) $100 New Each additional waiver $50 New Planning & Zoning Permit Reviews will be based on hourly salary plus 35% for fringe benefits, and will be tabulated at time of permit review and paid when Hourly New oermit is issued. Rate Platting Pre-application process (credited toward plat fee) $1 ,000 Plat review $3,000 Postponement Without re-advertisement and re-notification to property owners $25 $25 Re-advertisement required (in addition to legal ad/notification costs) $50 New Pre-application meetings (charge for 3ro meeting held within a three month period, and involving 2 or more disciplines. Fee will cover the hourly salary of employees involved in the meeting, plus 35% for fringe benefits. Can include Hourly New Public Works, Engineering, Utilities, Building, Fire, Police, and Parks.) Rate Due upon application submittal Rezoning Conventional district Up to 10 acres $750 $750 More than 10 acres $1 ,000 $1 ,000 Planned District Rezoning (i.e. IPUD, PUD, PCD, PID, MU, SMU) Up to 10 acres $1,000 $1 ,000 More than 10 acres $2,000 $1,500 When site plan is filed in lieu of Master Plan3 $750 New Site Plan Time Extensions $500 $400 Telecommunications (preliminary review in accordance with Chapter 10) Co-locations / Tower Siting / Tower Replacements $200 New New Lease / Lease Revisions $1,500 New - ''1riances First variance (per code section) $500 $400 Each additional variance $100 $100 Waivers Sidewalk $100 $100 Administrative $200 $200 Zoning Code/LOR Amendment (after City Commission review) 4 $1,000 $250 Zoning Verification Letter (or other requests for written responses to inquires) $35 $25 General Notes: Fees are not refundable after staff review has begun unless noted otherwise herein. Applications will be automatically cancelled if a check is returned; to re-apply an applicant must pay the published fee plus the fee for returned checks established by resolution. Activities requiring noticing in the local newspaper (PB Post) shall remit the current advertising fee to cover said costs. Footnotes: 1 Fee covers two reviews. Additional reviews will be billed to the applicant based on the hourly salary of employees involved in the review, plus 35% for fringe benefits. 2 A deposit of $1,500 for an NOPC application, and $5,000 for a new DRI or Substantial Deviation, will be required at time of application filing. Cost of advertising, and Staff time will be billed to applicant based on hourly salaries plus 35% for fringe benefits. Costs for current legal ad/public notices will also be paid at time of filing. 3 When a site plan application is filed in lieu of a Master Plan for a mixed-use district, the corresponding site plan fee will o apply. 41f the commission denies request at preliminary review, $750 will be reimbursed. S:\Planning\SHARED\WP\SPECPROJ\Application Fees\Proposed Amendment to Fee Schedule.doc DEPARTMENT OF DEVELOPMENT PLANNING AND ZONING Memorandum PZ 06-164 FROM: Quintus Greene Director of Dev.::'o~~t Michael Rumpf ~l~ Planning & Zoning Director August 15, 2006 Fee schedule for the Planning & Zoning Division - Proposed amendments and updates TO: DATE: RE: Please find attached hereto proposed revisions to the fee schedule for the Planning & Zoning Division. According to city records, these fees were last amended in April of 1995. Except for the meeting minutes, which indicated that the schedule was amended to also include ad fees, no data was found on these preceding revisions or on any original fees. Therefore, the analysis and revised fees, if acceptable to the City Commission, will be a valuable benchmark for future studies and updates. Furthermore, solely based on the new fees proposed, and the proposed significant adjustments to fees for the review of larger projects, it is estimated that these adjustments could generate additional annual revenues in excess of $20,000. The proposed revisions are based on 1) the results of a simple timelfee study conducted by staff, and 2) include additions or modifications to reflect reviews of larger projects accommodated by zoning changes, 3) new or changed processes, 4) the extraction of legal fees, 5) the addition of previously overlooked processes, and 6) minor changes to improve accuracy of, and clarity and consistency within the fee schedule. 1) The short time/fee study was conducted over the past several months. The analysis was therefore based on current wages, review hours, all staff members involved in the processes studied, and new or revised processes administered by the Division. For the sake of simplicity and time, only selected, principal processes were analyzed. The objective was to collect a cross-section of data sufficient to determine the range of hours spent on like processes, the magnitude of increased review time for large projects processed under new mixed-use zoning districts, and the review time and cost for multiple, concurrent application reviews (Le. annexation, land use amendment, and rezoning). To determine estimated review times and fees for processes (application types) not studied, such processes were matched with the processes of the study which had similar review characteristics (Le. P&Z reviewer, involvement by other departments, complexity of review, and whether it is a principal or accessory application). For example, the Community Design Plan Appeal process was not studied, due to the lack of such applications during the study period, but was matched with the Variance process given similarities in the reviewers involved and complexity. Where voids still remained, staff applied the best estimate, or adjustments from known data to account for the respective differences. An example of this would be the confirmation of the Height Exception process fee. This process is similar to the Variance or Appeal processes; however, it differs by its accessory status to a principal application, New Site Plan review. The estimated fee was therefore arrived at by an estimated reduction from known fees to account for the lesser time devoted to the review of this accessory application. Lastly, the timelfee study revealed the significant range in review timeslcosts for processing Minor Site Plan Modifications, from the simplest being around $100 (our current fee) to the more staff-intensive reviews exceeding $600. Therefore, due to the significant deviation from an average, it is recommended that fees be based on multiple ranges to cover the broad type of possible requests. Again, the increases in complexity and review time are attributed to the larger planned/mixed-use developments. 2) In addition to changes in fees for minor modifications, the proposed fees reflect the greater time required to review new, large projects accommodated by the SMU and other mixed-use districts. Such projects represent an increase in both size and complexity compared to historical reviews. Since these new zoning districts increase the potential margin of review hours, from the smallest buildinglsite to the largest project, it is again proposed that the review fees be based on multiple ranges in project sizes. Since the sample data did not include a project to match each size range, the voids were filled with estimates from data collected on the other size ranges. These same size and fee ranges were applied similarly to the New Site Plan, and Major Site Plan Modification categories. 3) With the implementation of the new mixed use districts, which require the submittal of either a master plan or a site plan, the fee schedule should be adjusted to clarify this scenario and to prevent undercharging or overcharging of applicants. A second change that should be reflected in the fee schedule, with the objectives of accuracy and applicant-friendliness, is the new step in code reviews that includes a preliminary review by the Commission. As recently experienced, if the Commission denies such a request at preliminary review, the review is discontinued at about one-quarter (1/4) through the normal process. This addition allows a reimbursement of 75% of the application fee if denied early on, and facilitates the accurate representation of staff time and cost. 4) Legal ad costs are recommended to be removed from the fees and paid separately by the applicant. This will prevent the specific ad fees from being adopted with the application fees, and thereby easily adjusted when increased by the Palm Beach Post. This format will also prevent confusion during subsequent reviews and adjustments in the fee schedule. Although some fees for major processes are to be reduced or maintained as currently approved, despite the increased review cost (Le. increasing project size, staff wages, complexity), please note that the legal ad fees would be separate from the application fees. Overall, there would be a net increase in the fees for these aforementioned application categories. For informational purposes, current advertisement fees range between approximately $300 (variance or abandonment - 2 publications at $150Iad) to $1,800 (Ig. scale land uselrezoning - 3 publications at $600Iad). 5) Certain processes have either been overlooked or possibly underestimated when fees and activities were previously evaluated. This includes Review of Annual Reports for a DRI, Minor Landscape Permits, Planning & Zoning Permit Reviews, and the review of New Lease/Lease Revisions for telecommunication towers as well as the review of ColocationslT ower SitinglTower Replacements. Some of these reviews are more costly as several processes involve the review by senior staff including the City Attorney and Assistant City Manager. Lastly, and perhaps also attributed to project size and complexity, applicants are more frequently requiring multiple pre-applications prior to submittal. Staff has boasted of offering unlimited pre-application meetings at no cost to the customer. However, given the involvement by multiple disciplines (Departments/Divisions), and project size and complexity, costs of this activity should be limited and at a certain point covered by the pending applicant. Therefore, to balance quality customer service with stewardship, staff recommends that only two pre- application meetings be offered without charge, when involving more than one discipline within a specified time period. 6) The clarity and consistency within the fee schedule would be improved through a few minor changes, namely the use of a consistent acreage threshold for those relevant application categories. It is recommended where an acreage value determines the application and fee category, the value be uniform at 10 acres. This involves the Comprehensive Plan Amendment (Map), Master Plan Review, and Rezoning processes, all of which could affect a single project. Since "Use" and "Waiver" reviews only involve the Planned Industrial Development (PI D) District, the corresponding titles have been separated from other unrelated processes, and titles clarified accordingly. Since no reviews should be initiated without collecting some application fee, it is proposed that a deposit be collected for NOPC requests ($1,500) and DRI applications or substantial deviations ($5,000), in lieu of the current process whereby the applicant is billed following the review, based on staff hours and wages. Lastly, the reference and fee applicable to site plans proposed in the Central Business District (CBD) has been removed, as the CBD has been essentially replaced with the Mixed-use High zoning district, and the review costs are more proportional to project size than zoning district. Other amendments would include a flat rate for the Annexations and Conditional Use Approval processes, which more accurately reflects the respective staff reviews of these accessory applications. Staff proposes to add a fee for Postponements that require publication of new legal ads, to cover processingladministrative costs (legal ad costs are also owed in addition to this processing fee). Lastly, staff proposes to add a conditional use review category for requests which exclude site modifications. Although historically infrequent, with the use provisions within the SMU and mixed-use districts, there may be an increase in applications for conditional uses for properties that are built-out. This reduced fee is more applicant-friendly, intended to correspond with future changes to the LDRs to accommodate this simpler application process, and more accurately reflects staff review time and cost. With respect to how our proposed fees compare to other jurisdictions, although not detailed herein, fee schedules have been obtained for comparison purposes from Jupiter, Palm Beach Gardens, West Palm Beach, Delray Beach and Boca Raton. The proposed fees remain comparable to, slightly more, or significantly less than those of other cities, based on the assumption of comparability. Please note that the fee schedule still reflects activitieslfees for processes administered by the Engineering Division (Le. sidewalk and administrative Waivers, and Platting). These fees may ultimately be amended or removed give the outcome of their independent review. MR S:\Planning\SHARED\WP\SPECPROJ\Application Fees\Cover memo for study and amendments. doc , ~'"Pi" ~ .. /.~. .... < '__.". ", I '/ -', _ "''''.- \':; , :../ XII. - LEGAL ITEM D.2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office 0 August I, 2006 July 17,2006 (Noon.) ~ October 3, 2006 September 18, 2006 (Noon) 0 August 15, 2006 July 31,2006 (Noon) 0 October 17,2006 October 2, 2006 (Noon) 0 September 6, 2006 August 14,2006 (Noon) 0 November 8, 2006 October 16,2006 (Noon) 0 September 19,2006 September 5, 2006 (Noon) 0 November 21, 2006 November 6, 2006 (Noon) 0 AnnouncementsfPresentations 0 City Manager's Report NA TURE OF 0 Administrative 0 New Business AGENDA ITEM 0 Consent Agenda ~ Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 RECOMMENDA TION: Staff recommends that the City Commission adopt the proposed fee additions and adjustments for building permits by Resolution. EXPLANATION: The two additional proposed fees will cover the costs associated with the implementation of the applicable provisions of the Florida Building Code. The proposed adjustment of the current permit fee multiplier provides for the coverage of costs involved in the processing and administration of minimum fee permits. The current City level for these permits is below the levels of the surrounding municipalities that are experiencing the same growth as Boynton Beach. PROGRAM IMP ACT: Through the adoption of the MGT salary study results, Building Division salary ranges have been brought into closer alignment with market demands allowing the Division to retain and recruit qualified personnel to provide the necessary services to the development community. Analysis of the current costs have resulted in the proposed adjustment to assure that the costs related to development activities within the City remain the burden of the development community and do not fall to City tax payers. FISCAL IMPACT: An analysis of minimum permit fees through the third quarter of the current fiscal year indicates that an increase in revenue of approximately $34,705.00 would be the result ifthe proposed fee adjustment were currently in place. It is anticipated that a similar revenue increase would be applicable in the next fiscal year. The funds would come from various permit revenue account numbers. AL TERNA TIVES: Allow fees to remain at their current rates as adopted. Assistant to City Manager ~ Development Department Department Name S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC City Attorney / Finance RESOLUTION NO. 06- 2 A RESOLUTION OF THE CITY COMMISSION OF THE 3 CITY OF BOYNTON BEACH, FLORIDA, ADOPTING 4 FEES FOR BUILDING AND CONSTRUCTION RELATED 5 ACTIVITIES IN THE CITY OF BOYNTON BEACH, AND 6 PROVIDING AN EFFECTIVE DATE 7 8 WHEREAS, the City Commission, pursuant to Part III, "Land Development 9 Regulations", Chapter 20, "Buildings, Housing and Construction Regulations", Article 1, "Tn 10 General", Section 3D, has the authority to establish fees for Building Construction Related 11 Activities pursuant to Resolution; and 12 WHEREAS, the City Commission for the City of Boynton Beach finds that the 13 adoption of this revised fee schedule is necessary and is in the best interest of the health, safety 14 and welfare of the citizens or residents of Boynton Beach. 15 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 16 THE CITY OF BOYNTON BEACH, FLORIDA THAT: 17 Section 1. The above referenced whereas clauses are incorporated herein by 18 reference. 19 Section 2. The fees for Building and Construction related activities attached hereto 20 as Exhibit "A", incorporated herein by reference, is hereby adopted as the fee schedule for 21 those related activities as indicated on the fee schedule. A copy of the fee schedule shall be 22 maintained in the City Clerk's office as well as the Building Department. 23 Section 3. This Resolution shall become effective immediately upon its passage and 24 adoption. 25 PASSED AND ADOPTED this 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 ATTEST: 19 20 21 City Clerk 22 23 (Corporate Seal) 24 25 day of October, 2006. CITY OF BOYNTON BEACH, FLORIDA Mayor - Jerry Taylor Vice-Mayor - Carl McKoy Commissioner - Robert Ensler Commissioner - Mack McCray Commissioner - Muir C. Ferguson The City of Boynton Beach DEVELOPMENT DEPARTMENT BUILDING DIVISION 100 E. Boynton Beach Boulevard PO. Box 310 Boynton Beach, Florida 33425-0310 TEL: 561-742-6350 FAX. 561-742-6357 (ft. .17. -~ -....)" www.bnvntnn-hefJch.nre FROM: Quintus Greene, Director of Development William C. Bucklew, Building Official /~ TO: DATE: August 15, 2006 SUBJECT: Proposed Fee Increases for FY 06-07 The following is a summary of the proposed fee adjustments that I recommend be made to our current system. Adjustment/Additional Fee Amou nt 1. Addition of Local Product Approval fee $1,500.00 $750.00 2. Addition of Early Construction fee 3. Adjustment of Current Permit Multiplier from .02 to .023 The reasoning and justification for these adjustments and additional fees is attached. cc: Nancy Byrne, Assistant Development Director Proposed fee adjustments! additions 1. Local Product ADDroval Fee Background The Florida Building Code requires that construction products that fall into the following categories have "product approval" for use in the State of Florida: · Windows · Skylights · Exterior doors · Shutters · Roofing · Panel walls · Structural components · New and innovative building envelope products There are two options to obtain this approval. · Local product approval, which means that the product is approved only for that particular jurisdiction or for a specific project. · Statewide product approval can be obtained under the optional statewide product approval program. The choice to seek an optional statewide approval is at the discretion of the manufacturer. For local product approval there are several requirements that must be met. They include: A completed "Application for Local Product Approval" must be submitted to the local jurisdiction, along with the following required product information: · Product Name and model number (if any) · Name, address, reports, and report numbers from at least one of the applicable entities: )Approved Testing Entity with proof of a third party quality assurance program )Approved Evaluation Entity with proof of a third party quality assurance program )Approved Certification Entity . Evaluation Report from a Florida registered engineer or architect with proof of a third party quality assurance program . List of the code sections and reference standards with which the product complies . List of limitations on the product's compliance and use . Installation instruction for the product The Local Building Official then verifies the submitted information and issues an approval letter for the product to be used in his jurisdiction. In surveying other local departments the fees associated with this process are $1,500.00 per approval application. This would be the proposed fee for the City of Boynton Beach. This would be advantageous to builders and developers that do business with the City and also to the citizens in that it would allow for approval at the local level and would expand the scope of alternative products that could be used in construction for the above listed categories. 2. Earlv Construction Fee Background The Florida Building Code, Section 105.12, states: 105.12 Work starting before permit issuance. Upon approval of the building official, the scope of work delineated in the building permit application and plan may be started prior to the final approval and issuance of the permit, provided any work completed is entirely at risk of the permit applicant and the work does not proceed past the first required inspection. This allows a contractor/developer etc. to begin the actual construction process before issuance of the permit and proceed up to the point of the first required inspection. In today's construction environment where supply shortages can and do occur regularly this would be a great aid to contractors and owners who are working under tight deadlines. The proposed fee to allow this "Early Construction" would be $500.00. 3. Revised Minimum Permit Fees/Fee Multiplier Background The minimum permit fee for the City of Boynton Beach is currently $35.00. Application of the fee multiplier of .02 indicates that this essentially allows and covers up to $1,750.00 in permit value for work being done. A survey of minimum fees in other municipalities and in Palm Beach County indicates that in today's construction environment this fee is low and does not cover costs associated with these "minimum" permits. The proposed new minimum fee is $46.00. In addition to the new minimum fee a revised fee multiplier of .023 is being proposed. A quick snapshot of how this affects the revenue stream for minimum permits follows. Minimum Permits issued Jan 06 - Jun 06 ......................2076 Minimum permit revenue at 35.00 .................................. $72,625.00 Minimum permit revenue at 46.00 .................................. $95,496.00 They affect of the revised multiplier on other than minimum permits has not yet been evaluated.