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Agenda 02-13-07 , The City of B,- .J,Q','y/nr ,t"t~'Q"'~ :n' :,., B-=,~e a"ei'" -h',' ! l , rJ I' I" iI, l ,..!!!I ",-'", : l ~ / i, ~.~ '11 :J .l~ ;; ..- ,."'" " .' .: - ~'" -" --,.-' ,~~ _."..;., '" 100 E. Boynton Beach Boulevard. (561) 742-6000 City Commission AGENDA February 13, 2007 Jerry Taylor Mayor - At Large , Ron Weiland Commissioner - District I Mack McCray Commissioner - District II Jose Rodriguez Commissioner - District III Carl McKoy Commissioner - 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 February 13, 2007 6:30 P.M. I. OPENINGS: D. Agenda Approval: A. Call to Order - Mayor Jerry Taylor B. Invocation by Dr. Solomon Rothstein, 2nd Police Chaplain C. Pledge of Allegiance to the Flag led by Commissioner MacK:~cCray 1. Additions, Deletions, Corrections 2. Adoption II. OTHER: A. Informational Items by Members oUhe CitYComml~~ion B. Correspondence from Greenberg Traurig re: Promenade III. ANNOUNCEMENTS, COMM:MUNITY & spetlAl..EVENTS & PRESENTATIONS A. Announcements: 1. The Boynton Beach Heritage Celebration will be held February 23, 24, & 25, 2007. Activities cat the Hester Center include children's activities, sports tournaments, ar1'dexhibits, and entertainment featuring Suave Smooth, JRed, 8oot~eg and Tampa Tony. Koo/ & the Gang will perform a FREE concert on Saturdlay, February 24th, 7 p.m. to 10 p.m., on East Ocean Avenue. 2. Bqynton Beach City Library's Heritage Celebration and African-American History Month Activities. Calendar of Events Feb. 16 3:30 p.m. Feb.1? 1 p.m. Feb. 21 6 p.m. Feb. 22 6 p.m. Feb. 23 1:30 p.m. Harriett Tubman - Performance artist will portray Harriett Tubman at the Schoolhouse Children's Museum. The American Constitution - Author Cathy Travis will inform us about our history and our government workings in plain English. African American Family Film Festival - A movie, suitable for all audiences, which is related to African American Heritage will be shown. African American Film Niaht: Stormy Weatherwith Lena Horne. Insiaht into Remote Africa - A PowerPoint presentation of photos taken by a Library patron in remote parts of Africa. A brief history of the different regions and a description of the culture will be presented. 1 Agenda Regular City Commission Boynton Beach, FL February 13, 2007 Feb. 24 2 p.m. African American Tribute Show - United Teens in Action (teen volunteers) will produce a skit taking place in a classroom where they discuss famous and not so famous African Americans. African American Familv Film - A movie, suitable for all audiences, which is related to African American heritage will be shown. Feb. 24 3 p.m. B. Community and Special Events: A. Gang Free Bovnton Beach "Kids Night Out" with the Original Harlem G/obetrotters, March 5, 2007 at the FAU Arena, BOc.;q Ri:itotl]WFifty elementary school age children will be awarded tickets fcplrl;their:d~~wings depicting alternative activities to joining a gang. C. Presentations: 1. Proclamations None. IV. PUBLIC AUDIENCE: INDIVIDUAL SPEAKERS WILL BE L1~d'ED;T03 MINUTE PRESENTATIONS (at the discretion of the Chair, this 3 minute all()~~nce may need to be adjusted depending on the level of business coming before the City Commission) v. ADMINISTRATIVE: A. Accept the resignation of:~lfr~d Levy as a regular member of the Community Relations Board. B. Accept the resignqtidn [William Kull as a regular member of the Veterans Advisory Commission. C. Appointments: Appointment To Be Made III Rodriguez IV McKoy II McCray Weiland Mayor Taylor I Weiland IV McKoy Mayor Taylor Board Length of Term Expiration Date Bldg. Bd of Adj & Appeals Alt 1 yr term to 4/07 Tabled (2) Cemetery Board Alt 1 yr term to 4/07 Code Compliance Board Alt 1 yr term to 4/07 Tabled (2) Community Relations Board Alt 1 yr term to 4/07 Tabled (2) Education and Youth Advisory Board Education and Youth Advisory Board Education and Youth Advisory Board Alt Alt Reg 1 yr term to 4/07 1 yr term to 4/07 2 yr term to 4/07 Tabled (3) Library Board Alt 1 yr term to 4/07 2 Agenda Regular City Commission Boynton Beach, FL February 13, 2007 IV McKoy Library Board IV McKoy Recreation & Parks Board Mayor Taylor Recreation & Parks Board Mayor Taylor Senior Advisory Board VI. CONSENT AGENDA: Alt 1 yr term to 4/07 Tabled (2) Alt Reg 1 yr term to 4/07 Tabled (2) 3 yr term to 4/08 Reg 2 yr term to 4/07 Matters in this section of the Agenda are proposed and recommendeq:!~y;~he City Manager for "Consent Agenda" approval of the action indicated in e~ch i.t*~~. with all of the accompanying material to become a part of the Public Record and:5ubj~ ro;;~taff comments. A. Minutes 1. Agenda Preview Conference - January 12, 2Q07 2. Regular City Commission - January 16, 2007 B. Bids and Purchase Contracts - Recommend Approval -AII~xpenditures are approved in the 2006-2007 Adopted Budget. 1. Approve the piggyback of~e CroOF WE;ST PALM BEACH, BID #03/04-06, to FLORIDA HIGHWAY PRqDUCTS, INC.. forthe microsurfacing of roadways in the estimated amount of $3q5,983. 2. Approve aiHqntract with Vila Son in the amount of $79,927.50 for installation of'lcH'!clscaping for the Southeast Neighborhood Park based on the existing City's antlUql contract with Vila & Son. (Proposed Resolution No. R07-) C. Resolutions: 1. Proposed:R~.lution No. R07- RE: Approving and authorizing execution of an Agreement for Water Service Outside the City Limits with Mario Doran for the property at 1112 Seagrape Road, Lake Worth, fiL (Hypoluxo Ridge Add 2 Lot 52). 2. Proposed Resolution No. R07- RE: Approving and authorizing execution of an Agreement for Water Service Outside the City Limits with Maria Barrera for the property at 1049 Highview Road, Lantana, FL (Ridge Grove Add No 1 Lot 212). 3. Proposed Resolution No. R07- RE: Approving and authorizing execution of a two-year service and support agreement with TelVue Virtual Television Networks (TVTN) to remotely organize, update and maintain the City's public access television station at no cost to the City. 4. Proposed Resolution No. R07- RE: Approving and authorizing execution of Task Order No. U07-20-1 with Wantman Group, Inc. 3 Agenda Regular City Commission Boynton Beach, FL February 13, 2007 in the amount of $591,280 to provide engineering services for route analysis, field survey, design, permitting and bid phase services for the Regional Force Main and SE 6th Avenue Lift Station Project, plus an owner's contingency of 10% in the amount of $59,128 for a total of $650,408. 5. Proposed Resolution No. R07- RE: Approving and authorizing execution of a contract between 4th St. LLC and the City of Boynton Beach for a live fire training burn of a building located at 416 SE 4th Avenue. 6. Proposed Resolution No. R07- RE:, A~m.~qving and authorizing execution of an agreement with WorkfQ~C~ Allianc~I~fJ\,.f~m:tierance of an approved Employed Worker Training Grant f6r$47.,711 to rra,H"up to 31 employees. 7. Proposed Resolution No. R07- .. .. RE: Ratifying the action of the South Central Regional Wastewater Treatment ~.IDlsposal Board. a. Approving Hazen andlSawyer'~.'=onsultingtServices Work Order No. 07- 004 to provide engi~#EH;I1~, perl1Wlitting, and bidding services for the reclaimed water sy~em eXRft~sionqmi the amount of $597,920 to be split 50/50 from eaph City's ca[wital Funds. b. Approving Hazen andSawyer'~Consulting Services Work Order No. 07- 003 to provide engineering, permitting, bidding and construction phase services for construction and testing of deep injection well in the amount of$363,900 to be split 50/50 from each City's Capital Funds. 8. Propq$E!d Resql.utionNo. R07- RE: Approving and authorizingrevisiOIl~ to the City of Boynton Beach Job Title listing previously qpproveqi~y the.,06mmission by Resolution No. R06-087. .,,'c_.',._',.'. " ;.i: : : ... c_. .i l .: ..- ': ~ 9. Prop~~d'~~~olution No. R07- RE: Approving and authorizll'i9 execution of an interlocal agreement with funding in the amount Qf $300,000 with Palm Beach County as a partner to implement the Youth Violence Prevention Project (YVPP) in a targeted area of the City of Boynton Beach. 10. Proposed Resolution No. R07- RE: Approving and authorizing execution of a Project Agreement in an amount not to exceed $35,000 from the Recreation Assistance Program (RAP) - District 3 ($10,000) and Engineering Capital Funding - District 7 ($25,000) to assist with costs for Boynton Beach Little League field improvements. D. Approve the execution of a Special Warranty Deed to convey ownership of the Old High School buildings to the Boynton Beach Community Redevelopment Agency (CRA). 4 Agenda Regular City Commission Boynton Beach, FL February 13, 2007 E. Approve full release of surety for the project known as Quantum Park Townhomes East & West (aka Parkside), in the amount of $789,542.60, and to return the original performance bond no. SU5003089 from Arch Insurance Company in this amount to the developer, D. R. Horton, Inc. VII. CODE COMPLIANCE & LEGAL SETTLEMENTS: None. VIII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER ASiTHEMGENDA PERMITS !', The City Commission will conduct these public hearings in itsd...~" capadlt!t~~dllocal Planning Agency and City Commission. A. Project: Agent: Owner: Location: Descri ption: B. Project: Agent: Owner: Location: Descri ption: c. Project: Agent: Owners: Location: Descri pEon: 306 SW 5th Avenue/Jenkins (ZI\l~~f()?t~()l) Steve and Anna Jenkins . Steve and Anna Jenkins 306 SW 5th Avenue . tt., Relief from Chapter 2, ZO'l'lliI'lg, SectlbHi!tS.D.2.a. of the Land Development Regulatiorrt~,t, requlr~t!lg a minimum rear setback of 20 feet, to allow a 7 fQot' vari~nFe, res~'ting in a 13 foot rear setback for a solid-roof screen enclos~~e on property zoned R-1-A Cortina at Boynton"iUagE!~SPTE 06-012) Stepnan B. Liller, K. Hovnc3l1ian Homes Hovstdh~lf,roperties Florida, LLC Boynton '..V'"~ge, northeast corner of Old Boynton Road and qpt'l9~~?s Aveij\ile iReqy~ij;~~~ a t~me (1) year site plan time extension for site plan approval9n:mted on September 20, 2005, from September 20, 2006 to$eptember 20, 2007. The learning Place II (SPTE 07-001) Scott and Catherine Freeland Scott and Catherine Freeland 8515 Lawrence Road, east side of Lawrence Road, immediately south of Citrus Cove Elementary School and the LWDD L-21 Canal. Request for a one (1) year site plan time extension for site plan and conditional use (COUS 04-006) approval granted on October 18, 2005, from October 18, 2006 to October 18, 2007. 5 Agenda Regular City Commission Boynton Beach, FL February 13, 2007 D. Project: Agent: Owner: Location: Descri ption: E. Project: Agent: Owner: Location: Descri ption: F. Project: Agents: Owner: Location: Descri ption: G. Project: Agent: Owner: Location: Description: H. Project: Agent: Owner: Location: Descri ption: Fire Station #5 (CDPA 07-002) David Stump, Project Manager, Engineering Division City of Boynton Beach Quantum Park lots 81 and 82; east side of High Ridge Road, south of Gateway Boulevard. Request for Community Design Plan Appeal approval to allow overhead bay doors to face High Ridge Road. Fire Station #5 (NWSP 07-002).:;.; David Stump, Project Manager, EngineeringiPlvision City of Boynton Beach Quantum Park lots 81 and 82; east side of;;lHlgh Ridge ~outh of Gateway Boulevard. Request new site plan approval to ~qrsp-llct a.~,?-story, 42,739 square foot fire rescue station toalso inl~~Re Fir~:iAdministrative offices, ITS, the Emergency Operatioh Center fCmpC) and related site improvements on a 4.47-acre site zoned <Planned Industrial Development (PID). Citrus Park (MPMD ()7"001) Marilyn Bonora, Prir:ne;Mah~gemehtirsroup, Wendy and Ross Cooper Prime ManagementGroup Citrus Park PUD; south of Miner. Road and east side of Lawrence Road Reqtiestfor a master pli:inhh'odification to reduce the minimum side yard set~qc.;k for swimming pools from twelve (12) feet to four (4) feet and the. minimum side yard setback for screen-roofed screen enclo&ures from twelve (12) feet to three (3) feet on the non-zero side of certain lorn. Polio Campero (NWSP 07-003) OsqarTaioe, Kimley-Horn & Associates, Inc. 1~50Congress Avenue, LLC Bqynton Town Center; east side of Congress Avenue, approximately 820 feet north of Old Boynton Road. Request for new site plan approval to construct a 3,289 square foot drive-through restaurant and related site improvements on out lot #4 of the approved Boynton Town Center project. Banks in Quantum Park (USAP 07-001) Jared Weiner, PEBB Enterprises OPH Boynton Realty, L.c. Quantum Park Request to amend the list of approved uses for the Quantum Park Planned Industrial Development (PID) to include banks. 6 Agenda Regular City Commission Boynton Beach, FL February 13, 2007 1. Project: Agent: Owner: Location: Description: Quantum Park Lot 1 - OPH Bank (MSPM 07-001) Jared Weiner, PEBB Enterprises OPH Boynton Realty, L.c. Quantum Park Lot 1; north side of Gateway Boulevard, east of Congress Avenue. (Original Pancake House) Request for major site plan modification to convert the existing 4,710 square foot restaurant to a 5,267 square foot bank on a 1.15 acre parcel zoned Planned Industrial Development (PID). IX. CITY MANAGER'S REPORT: A. Temporary Housing of Police Department and Code Enforcement X. FUTURE AGENDA ITEMS: A. Feasibility of Saturday hours for the Building Division(M~n:lli#~07) XI. NEW BUSINESS: A. Discussion of Gang Exclusionary Zones XII. LEGAL: A. Ordinances - 2nd Reading - Development - PUBLIC HEARING None. B. Ordinances - 2n~Rea~ing - Non-Development - PUBLIC HEARING 1. PropO$e~I~rdi"~I1(:e No. 07-002 RE: Amending O~~inanc~:!05-06~tto provide that the art fee does not apply to projects twlf1~~~;,ha~l;~~~Ii€ations pending on or before October 5, 2005; providing thatt~~ t 30% of the 1% (.03) Public Art fee is collected by the Building Departm~l1It at time of Building Permit issuance and the 70% of the 1 % (.07) prior to and as a condition of issuance of the certificate of occupancy which includes the Public Art. (Tabled to February 13, 2007)(City Manager requests tabling to March 5, 2007) C. Ordinances - 1st Reading 1. Proposed Ordinance No. RE: Amending the Land Development Regulations, Chapters 5, 6 & 7 to clarify that all public and private development projects are subject to surety requirements. D. Resolutions: 1. Proposed Resolution No. R07- Re: Appointing a representative to The Greater Boynton Beach Sister Cities Committee, Inc. 7 Agenda Regular City Commission Boynton Beach, FL February 13, 2007 E. Other: None. XIII. UNFINISHED BUSINESS: None XIV. ADJOURNMENT: NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT ;lqANY Mt~~yONSIOER~P AT THIS MEmNG, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HE/SHE MAY NEEQTO EN$UkE THA~.~VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON W~Ipi THE APR~L IS TO BE'!rASED. (F.s.286.0105) THE CITY SHALL FURNISH APPROPRIATE AUXIUARY AIDS AND SERVICESyllit;RE NEC~AAffiY TO AFFORb,ffl INDiVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF AS~VI~E, PROq'mt:'1, OR ACTIvItvCONDUCTED BY THE CITY. PLEASE CONTACT JOYCE COSTELLO, (561) 742-6013 AT LEAST TWENTY-FOUR HOU.RS~9R TO THE; RROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST. Final Draft 02/6/07 10:00 a.m. S: \CC\ WP\CCAGENDA \AGENDAS\year 2007\021307 Final Draft.doc 8 ~\1"~O'" ;' \ ( . \, V) \ t:: 0\ .... Iv J..,>\,", .>/\, ',- -<' 7'ON '"' II. OTHER ITEM B. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORi~J. 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 December 5, 2006 November 20, 2006 (Noon.) 0 0 January 2, 2007 December 18,2006 (Noon) 0 March 5, 2007 February 12,2007 (Noon) 0 January 16, 2007 January 2, 2007 (Noon) 0 March 20, 2007 March 5,2007 (Noon) ~ February 13, 2007 January 22, 2007 0 April 3, 2007 March 19,2007 (Noon) 0 AnnouncementslPresentations 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 ~ RECOMMENDA nON: This item is being placed at the beginning of the agenda under the category of "Other" for possible discussion, as noted below. EXPLANATION: The intent of this item is to respond and to clarify comments made in a January 24, 2007 letter from Mr. Robert Fine entitled: Promenade, Bovnton Beach - Fire System ReQuirements. A reply is attached. PROGRAM IMP ACT: While this agenda item carries no program impact, the High-Rise standards that exist within the City Code of Ordinances, as well the future safety of firefighters responding to these incidents may be impacted depending on any future action taken. FISCAL IMP ACT: None City Manager's Signature Assistant to City Manager ~ 17 I?E 1?'E rcc..E- Department Name City Attorney / Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC Memorandum To: Kurt Bressner, City Manager From: Rodger Kemmer, Fire Marshal Thru: William L. Bingham, Fire Chief Date: January 31, 2007 Re: Promenade Project The following comments are provided by the Fire Rescue Department in response to the concerns expressed in a letter to the commissioners from Mr. Robert Fine of Greenburg Traurig dated January 24,2007. Mr. Fine's concerns are not based on fact. We provide factual information to correct the erroneous information. 1. Plan reviews are conducted to determine compliance with the city ordinances as well as the Florida Fire Prevention Code (FFPC). 2. The high-rise requirements listed in the city ordinance have no effect whatsoever on the FFPC. State Statute 633 provides methodologies to amend the FFPC. No attempt has been made to amend the FFPC. The ordinance was enacted per the Municipal Home Rule Powers Act (ss. 166.021). 3. Fire Marshal Kemmer did not state that the requirement was an amendment to the Plumbing Code. The discussion regarding the 2006 Uniform Plumbing Code (which contains an ANSI National Standard for the system) has no relevance whatsoever to the city ordinance enacted in 2004. 4. The Promenade Project developers agreed on April 28, 2004 to install the air system as part of the Conditions of Approval (NWSP 04-009). Any delays resulting from the developer's failure to include the air system in their design submittals is not a responsibility to be borne by the city. 5. The costs of the air system are from % to 1 % of the building costs, and nowhere near the 2.5 to 3 million dollars stated in the letter. The air system is typically about 12 the cost of landscaping. 6. The Fire Rescue Department would not require a system that would "create a significant life safety and liability issue". The system is a tactical method of enhancing firefighter safety, while making firefighters more effective at protecting building occupants. 7. Systems components are in fact UL listed. The Florida Department of Business & Professional Regulation has determined that these systems can be installed by anyone holding a Florida plumbing contractor's license. 8. This is not an "unapproved" or "dangerous" system. There have been hundreds of these systems installed since 1989, without any of the problems suggested by Mr. Fine's letter. This information is provided to you to ensure that decisions are based on fact and not fiction. As protectors of the citizens and visitors to the City, The Fire Rescue Department needs to continually examine methods to make us more effective. The Florida Fire Prevention Code requires that: Buildings shall be designed and constructed to provide reasonable safety for firefighters and emergency responders during search and rescue operations. (NFPA 1,4.1.3.1.2.2) Operations shall be conducted at facilities in a safe manner that will minimize, reduce, control, or mitigate the risk offire injury or death for the operators, while protecting the occupants not intimate with initial fire development for the amount of time needed to evacuate, relocate, or defend in place. (NFP A 1 4.1.3.1.2.5) We remain committed to compliance with this code. Respectfully submitted, -..ant by: GREENBERG TRAURIG 954 765 1477; 01/25/07 J:09PMjJedijx #410jPage 1/7 From: Robert S. Fine Tel: 305.57S.082.G It~ ~) , V' J' ,b. . 'rv ,,,{; '.Y/ ttl .-) , l '_'" . I . i'} 'l- ~ ~ /0 ~lU r 0".;l tf' /1' E--Mail: V' fJner@gtlaw.com Greenberg Traurig Transmittal Cover Sheet To: Mayor Jerry Taylor Commissioner Mack McCoy Commissioner Jose Rodriguez Commi:>sioncr Carl McKoy Comm issioncr Ron Weiland Fax No~ S61-742-60U Company: City of Boynton Beach Phone No,: 561-742-6010 Date: January 24, 2007 ';3 '.00 PM QA:/.J ~ ~.~~ ~~\ov-.-- \..)~\\.<.- ~~ \~ ~CJ ~ ~O 'I- \.-~':l'\.t l'~o 'to C~J.o. ~,).e.. '} ::t:: \oe.l~ ,~-e..~\-I.I..'-~ ,v . rr-.- ~ '\ UJ'-"o" y,e '"' \" N""oCJ..l Fi'e No.: 0 5> ~17Lf. 0' O'-t OD Re: Promenade, Boynton Beach No. Pages: J ncluding Cover Sheet 7 1 f yOU do not receive all pages properlv. please call The sendtf[, Notes: Q..(... Cw-l\. ~ - D\cc.e- (l-..l ~" '\w"lr (.~~ ~ -yo (~!R. ~ol J,'tS.J ~~ " -- --"-~Mt- :~~ ~ r ---... J;', :; 2JJ7 Also sent via: o US Mail D Overnight o MeSSenger o Email !~:?<J No Othel The informa[lon CCOlai"ed in lhis Uan5l11i$slon Iii aL\ome~ prj~J"ged Bnd confil:tenlilll. II i. i'neNeo ont~ for Ih~ use of the Lndivi:hJal OlIlNI()' .,amed a!lv.'e. 11 ~hol raider of lhi$ messelJl' is nDI the Imended recipient, )Iou llr. hoe'.I)~ oall~.d 1'* an)' dI&seminaloOn, dl$lribuflon Or copying 01 4hi. OQmmutlic:.tiQn q .cric;1Iy prohibit.cI, " you /'la.,e leoeivec lhis cO'mmuniC:lIIiol\ in crrot. p--. notil'y U5 ImfT1ediBtel~ by u::lc:pnot1t;: colJeO..nu rew", It~ QIlV"'t11 me:.:ttluc 10 U~ tlll"e lItI~.s~ DeIUW vIII Vl~ U,:; Io'Olillol ::Ier"lCe. We \ifill Il!Im(MJru ~ou ro.r YOUI postage, 'I /'anIC you. 3ent by: GREENBERG TAAURIG 954 765 1477; 01/25/07 3:0ePMiJenax #410jPage 2/7 Greenberg- Traurig Robel! Fine T~L (JOS) "'9-(1126 !';IlI;; ()GS) P4L.sa2~ 1iIlc:@1II1ioW.III11l January 24, 2007 VIA FAX AND FEDEX Mayor Jeny Taylor Commissioner Mack McCray Commissioner Jose A. Rodriguez Coaunissioner Carl McKoy Commissioner Ron Weiland City of Boynton Beach 100 East Boynton Beacb Boulevard BoyDt{ln Beach, Florida 33435 Re~ Promenade. Boy.ton Beath. Fire System RequiremeDts Deer Mayot and Members of1he Commission: This lotter is a req,~s"to be placed on the City Commission :\gcnda for 1he meeting on }'ebruary 5t 2007. to discuss and attempt to resolve an issue related to Promenade. specifically, fire system improvements that are being improperly required by staff. In connection with securing tbe building penniu for the Promenade project in Boynton Beach, our client is being required by the Fire Rescue Department to install a Rescue Air System as pwportedly required by the 2004 edition of th~ Florida fire Prevention Code and City of BoyntOn Beach Ordinance 004.005. The attached Plan Review Comments from Rick l.ee, Fire Protection Reviewer in the Fire Rescue Department state: The 2004 edition Df the Florida Fire Prevemion Code was used as rhe basis for this plan review: 1. Per City of Boynton Beach Ordinance 004-005 a Rescue Air System must be installed in this blli/ding. A copy of the Deffgn GJ/ide is available in tl1e Fire Department Plan Review Secfion. Call (956/) 436-1965, OW' review and consultation with experts has indicated that the 2004 edition of the F~orida Fire Prevention Code has no requirement for the mandated Rescue Air System. Therefore, pursuant to Chapter 633 of the Florida Statutes. such a requirement can only be imposed tocally by the City pursuant to a pIOperly adopted local amendment to the File Prevention Code (ue Attac.hmenl uB" fOT ,elevant s:tatute). There i!; no evidence to sue~est that the . Sent by: GREENBERG TAAURIG 954 765 1477; 01/25/07 3:09PMiJeflax #410jPage 3/7 City complied with tbis mandatoI)' statutory procedure for local amendments to the Fire Prevention Code. When I)W' c1~ent discussed the~e procedural deficiencieli witn Fire Marsball Rodger Kemmer and Fire Chief WiUiam Bingbam in a meeting at the Boynton Bea.c:h Fire Station 1#3 on January 11,2007, Mr. Kemmer stated that the Rescue Air System requirement was not in fact imposed as an a~ndment to the Fire Prevention Code but "as an amendment to the Plumbing Code." We believe that yom City Attorney will confizm that such was an inconect st:alement. Furthermore. if the Rescue Air System requirement was sought to be imposed by an amendment to the t)lumbing Code, it would constitute a local technical amendment to the Florida. Building Code. Since the "amendment" does nol meet the statutory prerequisites fOt a local technical amendment to the Florida Building Code, it cannot be enforced against our client. See 9 553.73(4)(b), Florida Statutes. Since staff continues to insist 1hat the Rescue Air System must be installed despite our attempts to resolve this matter administratively, we are respectfully requesting that you please place this matter on the eil)' Commtssion Agenda of February 5th for discussion. Please note that the project contractor, Coastal Construction, and their fue consultant, have estimated ht revising plans now to include the Rescue Air System would result in project delays of 2.3 months. have a construction cost of $2.5.3 million and, most importan~Jy. create a significant life safety aDd liability issue since the Rescue Air System is not U.L. rated and has not otherwise received regulatory approval. Even if the cost and delay that would result nom installing the unapproved system was not a factor, we would not advise our client to instaU the system because the potential liability to the future unit owners and owner's association tbat could result from installing an unapproved and. from what the fire experts state. an arguably dangerous system. Bec:ause tbe Promenade has been fully designed and budgeted, and building pcnnits must be obtained by March to vest other development approvals and permit vertical cotlStIUction to begin, revising the building plans at this late stage to include the requested Re~ue Air System would result in Wlacceptable delays and risk of future liability, which neccssi tates our objecting to the requirement. Thank: you for your consideration. -.Q Robert S. Fine cc: Jim Cl1erof, Esq. Mr, JeffK.rinsky Paul D' Arelli, Esq. 954 765 1477j AUAC~T A 01/25/07 3:09PMj~ #410;Pege 4/7 Sent by; GREENBERO TRAU~IG ~,:~' .' '.,-- --------. .~ ,~I":'<';' . ~ - ".' . ;: ~ ~' ~ .' pLAN REVIEW COMMENTS " pLEASE NOTE THAT THE EFFiC1ENC"( 8"'1 V\lHLCH YOU RECEIVE YOUR ~i: PERMIT DEPENDS ON YOUR RESPONSE TO THE CONTENTS OF 'THIS ~~ DOCUMENT. IT ~S RECOMMENDED THAT YOU CAREFULLY READ AND ~-=. . t' COAAECTL y RESPOND TO AlLASPECiS OF THIll DOCUUENT. . ~ ~ ~ : I, . ,., f. t, ~ , .~ ; . . ~ f1:. ,. '" ~:. If ~. ~:. CllY OF BOYNTON BEACH FIRE AND UFE SAF&Ti DIVISION 100 EaIll ~n a..:h INd. P. 0, 8ox310 . , &oyntDn Beach. Plclrfda 33415-Q!.10 I\~ -z... ..( ~ (!)" "V I ~ . COIAMENT$:' .' ..",'.. ~ -: '.:' . . . . ). -~ For permit ~tP~',~~J ~i~. ~A .~'~:~. ' Project~"'-~1-4a_~ '. .. . ~.qu:~K"'aY .\ ; ~ .;. ,...... .:'~..,' :,11' ~I ".. REVIEWED BV: . ' ~', it', '. ., '.. ' .f . ~; 1: =--~ ~c..~'~'" ~~. Phone'.' icWn:ra.&7A ..~~~,' '~":;" '~. F.x t ~&1\.,4I-6Ul ' ~ _1;' ~i,. :::.' i. :.~.i,:.j. . - ,. ~ ...... ) ~: f:~~~~~oI Type~ T~ l"R .,., :--- ,.:,~:'~"1' " . _ 'I. ;, .' . .:;.r1- ~:' . k ' . .' ~.. . .... . ,I .' . 11 I . a. I ~. COMMENT DtS~QN:' t ,:' :,~ '.':.. I ~rt~~,ttJ,~Qn.~,=lf~' l;,~r,",l : l'I1ame . COti.....Free .n:a..aBi' . , . gi-:',~ '.~': Phon~":- " .!See ." ..~. " '. ' .:; ',~.~' ,~l' ! .. fr. Faxlj (. ~: .:7 I. .If .' ~!, ., t'- Oat1t{s) C'eYleulIr GB88ct. .. . . . . r ( p.....~cOII ":. ".:~'~\'..>'! '(' .' ' .1 : .. , ..:. .' f. ' .~ ,. ,..,' ','" ' ,'" , ~; " . l.! --, ;;.. ~ ~ r,. .~,':' , f . .:: ,; i;1 , ""', j.: ,1: ,- ,. ". '.~.1.<,>:,,~,:,.' ;.' !.. THe FO NG AA.EA SHALt.. eE F1u.ED-ltt '; . ~ - ~~; COMMENTS/PLANS p,CKED UP~ ~! Commeot(s) reed. by print name and date: t: ' J. ~ i, ~ r;.-. ~ : f \.- f f ~ i ! h ,~ :.= I. r ~: 'it 1\; , . i.: i- t . L ~ OR PtansfCcmments reed. by print name and daia: -= Sent oy: GREENBERG TRAURIG 954 765 1477; 01/25/07 3:10PMjJetfix" #410;Pege 5/7 ~';":---- '" ~,k: . ?<:,'. , ; , .;!. ~ ( ~. ,.1.01'1 -------_.~ " PlouI ~"iew CcmI.... tor 'tmm~~F ~'"'13~ ..... -- Il.- ~^- ~JC, . .. 'J.- #tA. ~ , I.: ~. YOUr pennLllppllcatlQn IPd ~n8 docUmen1illicln do not GOm~ whh ..,. City of Io)'n\on Bach ~: I cede 01 ordinaRG8S. or lick I_in detlJ1 t.o~. CGmphensille aMew. PI1or1o re;e~ a.. r ~ permit iHonllr\lclorinltaU \h."CL~ tniprovernnibt....- docUnlfttubIUI be .; !;. Imended ID Il\ow GO!:".~ wih 'n_oomtMl'dS laid belQW. for _etilift l"IQaral/lQ my. :' ~. i IlIe;SB CQntaC( me lit the "limber IstICI nova, at. co.....nc:e Is '* I~, pteualChlClu.n I ~ ; appainllnant. pno{1e call are "CINe. iIIld ~n1mll1cb"'uled. dllina'" - t.IarlOay ; ~ tI\~gh Flidll1l:GO 10 12.110 NIr .. .'~OO 10 ~ PN. Baie ncJII.thIlllddniDnll colM'\tlllS m.ay De I: generatlll fallMI\9 atd mi- or ltlell'nendld Pili",," oCltlldld ar.'.... p\8na. inuit De . ~.[ eubmittecl ~ lhli BI.IJdine O.p11l111lenL n_ ~ c.f joII' proI&t II deljlCndent ~I\ J(lUl' ~;; prompt ana conet responaelo tI8 infonn'~"~ ~ 1h~,dDCUmen\. ( The2004edlUDn o!,.,lQapda.~ripre""n.,b" ~.was used.. tbebuts i forthfsplanraviMI. . " ,:',:.r' 5' ' .:; ',:, ,'- .. .l; .. ~ '1 '. ' L 1. P.r Ciw of Boy'-' aMoh ordlAnce",fttoOQ$.-a.RwGU. Air s,stem r mwt. btl..tIin_ In th~ buadinQ~ A ~pf ~~~sa" Guide il I' f~~fba PI.. Do~~~' ~ lA1)GG. i,;" 1. On Pale 'A.,O:J it .ppearl that th;re' iil;'\i;.&lO:"l.~lfi. meet wd ; _ b.~rr:~ garage and the. ~,tllng ~~~.. :tf .tIt~. aornGt, l i will..~~ tire Adag for"" ~~...~~ ':~".; t : ~- .. i 3. ~avi.cIf .. stalNraY PnMHiurizd01I ~ ~~,. .';: . . ,. ~:. ~. 4, ~ratt..PWl m~.~ber .ubmttt.a;e b..........ppr~-~.alW' .p"nldar I' in~_. ~pfl ....h~'~..andc onl~f_".ya.Rl. '! A:, ""= ~'l.~bnthli of ,1M,; u.....llf ~- muGt be ,~,'.' GrS " .' .....__,.;.Io..~.~:"'__~~~3000gpm at zGMJ ;.Ui Dote'iftllnVr ,"liOG-..' is>'" > t J~ 5, '1'he "p\rf~~ 1\..,,~~.riI~~~ ~,,'-ide. ~' 8. Provide pl'o_uG.\fMO~__:.nrI ~.~IjIa. Pump. ~' 7.' did not... ..I~GdonG ~ok l~..\':tV~~",~ . . PI.a.. prDVlde on.. ,,' J~ I~ . .. "~ :~ , . :~ ~ i. ~. ~ 1: ~ . F ~ ;. I! ~. ~ ;'r t. . fi: ~ ~l } f: i' I ~ 1 2 3ent DY: GREENBERG TRAURIG 954 765 1477; 01/25/07 3:IOPM;~ '410jPage 6/7 Attachment B 633.021 S Florida Fire Prevention Code.-- (lJ The Slate Fire Marshal shall adopt, by rule pursU<1TlllO 3$. 120.5J6(1) and J 20.54. the Florida Fire Preven,ion Code which shall contain Dr incorporate by reference all firesaftty laws and rules that pertain to and govern the design. consrructton, erection. alteration, modification. repair, and demolition of public and pri'Vote buildings. structures, and lactimes and the enforcement of such ftr~s(Jfety law$ and nll~l. The Slate Fire Marshal shall adopt Q new edition of the Florida Fire Prevtnr;on Code every third year. (3) .., (a) The Stale Fire Marshal shall re'View or cause the review of local amendments to determine: 1. Iftht local amendment should be adopred as a ~'i(Jlewide provision; 2. That the local amendmenr does not provide a lesser degree oflifesa/tty rhan the code otherwise provides; and 3, That the local amendment does 1l()t reference Q different edition of the naljonal fire codes or other naliDntd standard rhan rhe edition provided or referenced in rhe uniform or minimJ4m frresafery codes adopted by the State Fire Marshal or prescribed by sUUute. (8) Within 30 days after a local government adopts a local amendment, the local government must transmit the amendment to the Florida Building Commission and lhe Stare Fire Marshal. (9) The State Fire Marshal shall make rules thaT implement this sectir.m and ss. 633.01 and 633.025 for lhe purpose of accomplishing the objecti.."es set lonh in those sectJollS. (10) Notwithslanding orllel' provisions of lhis chap/er. if a county or a municipality withjn that county adopts an ordinance providing for a local amendment to the Florida Fire Pre....enrion Code and thaI amendmtml provides a hrgher level of protection to the public than (he level specified . Sent by: GREENBERG TRAURIG 954 765 1477; 01/25/07 3:11PMj~ #410jPage 7/7 in the Florida Fire Prevention Code, tne local amendme,.,t becomes effective. without apprG'Va,/ afthe Stille Fire Marshal and is not re.scinded pursuant to the provisidfu of rhit section, provided that (he ordinance meefS one or more o/the Yollowing criteria: (a) The local aulhorily * adopted by ordinance, a fire service facWties and operation plan tn J out Jines goals and objectives for related equipment. personnel, d capital impr()'yemenr needs (Jf the local atllhoriJy related to the s~ecVic amendrnentfor the next 5 years; (b) The local authorily t ad(Jpted, by ordina1JCe. a provision requiring proportionaie reduction 'n. or rebate Dr waivers of, impact or other fee3 or asses~'ments levied on b-uildfngs that are bu;/t or modified in compliance with the mo~e stril1ge1J! firesafety standards required by rhe local amendm~nt; or I (c) The local aJI/horiry ~$' adopted. by ordinance. a growth management plan that requires build,ings and slrtJClUres to be equfpped with more ,1(Tlngent firesqfery reqwtements required by lhe local amendment when these firesaftty Tequir~ments are used OJ' ,he basis for planning infrastructure develo{'menf, uses, or hQusing de"silies. o (t::e/Wt ~s - /t,' 1st REVIEW COMMENTS New Site Plan R~s~ Project name: Promenade File number: NWSP 04-009 Reference: 1 st review plans identified as a New Site Plan with an April 28. 2004 Planning and Z~in~" d. kin I.: Denartment ate stamn mar HZ. . v , DEPARTMENTS INCLUDE REJECT ,- '" . PUBLIC WORKS - General Comments: 1. Prior to permit application contact the Public Works Department (561-742- 6200) regarding the storage and handling of refuse per the CODE, Article II, Section 10-26 (a). Will Complv. 2. Two small trash rooms are depicted which seems inadequate for 301 condos and penthouses, 38 hotel rooms, and 21,400 sf of retail space. Additionally the 16 townhouses are separate from the buildings and do not have direct access to a waste disposal area, After talking to City, trash rooms were increased and dock added for trash removal 3. Indicate how solid waste will be handled. The locations of the two trash rooms do not provide direct access for solid waste pickup, Dock added. PUBLIC WORKS - Traffic Comments: 4. Provide a traffic analysis and notice of concurrency (Traffic Performance Standards Review) from Palm. Beach County Traffic EDl!ineerin~. 5. The required traffic analysis should address, at a minimum, an evaluation of turning movements into and out of the proposed development. Particular attention should be given to the southbound to eastbound movement from Federal Highway to Boynton Beach Boulevard. Additionally, evaluate full signalization at the intersection of Federal Hi~hway and NE 4th Ave, 6. Show all off-site improvements, incorporating the new configuration for Bovnton Beach Blvd. east of Federal Hi~hway on the site plan. 7. NE 4th Ave. shall be improved from Federal Highway east to the east limits of the proposed development. At a minimum provide two - 12 ft. lanes with curb & gutter, sidewalk, signin~, stripin~, etc. 8. The one-way, southbound driveway at the southeast comer of the property shall be rij!ht-out only. See revised site plan. 9. Explain how hotel traffic will be handled. Will the guests be expected to park themselves or will valet service be provided. Access to the parking garage is somewhat inconvenient in that respect. See revised site plan. Valet service wUI be provided. 1 ST REVIEW COMMENTS,doc 06/15/04 2 I DEPARTMENTS INCLUDE REJECT 10. On the Site and Civil plans, show and identify all necessary traffic control devices such as stop bars, stop signs, double yellow lane separators striping, directional arrows and "Do Not Enter" Silffialle, etc. 11. Fire lane signage and markings shall conform to LDR Chapter 23, Article II, Sections B. & M. The 3-foot high "Fire Lane" words shall be placed along both lanes and stallllered. 12. Indicate how access will be provided to Mangrove Park and St. Mark's Catholic Church during road reconstruction and site development. NE 4th Ave. is the only access to Mangrove Park and the primary access to St. Mark's. 13. NE 4th Ave. is incorrectly noted throughout the plans, and on the survey, as NE 4th 8t., please correct. See revised site "lan. ENGINEERING DIVISION Comments: 14. Add a general note to the Site Plan that all plans submitted for specific permits shall meet the City's Code requirements at time of application. These permits include, but are not limited to, the following: paving, drainage, curbing, site lighting, landscaping and inigation. Permits required from other permitting agencies such as Florida Department of Transportation (FDOT), South Florida Water Management District (SFWMD), Lake Worth Drainage District (LWDD), Florida Department of Environmental Protection (FDEP), Palm Beach County Health Department (PBCHD), Palm Beach County Engineering Department (PBCED), Palm Beach County Department of Environmental Resource Management (PBCDERM) and any others, shall be included with the permit reauest. Win com"lv. See notes on cover. 15. Numerous errors and omissions have been noted on these proposed plans and in this review comments report. Drawings need to be thoroughly checked and coordinated by the consulting engineer. It is the responsibility of the consulting engineer to familiarize himself with the City of Boynton Beach Land Development Regulations prior to submission of plans. Quality control is the responsibility of the consulting Engineer - not the City of Boynton Beach, Wdl comDlv. See site plan. 16. All comments requiring changes and/or corrections to the plans shall be reflected on all appropriate sheets. See revised sheets. 17. Please note that changes or revisions to these plans may generate additional comments. Acceptance of these plans during the TRC process does not ensure that additional comments may not be generated by the Commission and at permit review. Acknowled/(ed. 18. Provide written and graphic scales on all sheets. Provided. See drawinl!s. 1 ST REVIEW COMMENTS.doc 06/15/04 3 B DEPARTMENTS INCLUDE REJECT 19. Show all existing utilities on the Site and Landscape plans (LDR, Chapter 4, Section 7.A.3)' 20. Show proposed site lighting on the Site and Landscape plans (LDR, Chapter 4, Section 7.BA.) The lighting design shall provide a minimum average light level of one foot-candle. On the Lighting Plan, specify that the light poles shall withstand a 140 MPH wind load (LDR, Chapter 23, Article II, Section A.l.a and Florida Building Code). ProVide a note that the fixtures shall be operated by photo electrical control and are to remain on until 2:00 a.m. (LDR, Chapter 23, Article II, Section A.I.a.) Include pole wind loading, and pole details in conformance with the LDR, Chapter 6, Article IV, Section 11, Chapter 23, Article I, Section 5.B.7 and Chapter 23, Article II, Section A on the Lighting Plan. Lighting shall not be used as a form of advertising in a manner that draws more attention to the building or grounds at night than in the day (LDR, Chapter 9, Section 1O.F.5). Provide photometries as part of vour TRC olan submittals. 21. It may be necessary to replace or relocate large canopy trees adjacent to light fixtures to eliminate future shadowing on the parking surface (LDR, Chapter 23, Article II, Section A.l.b). Achknowleded. 22. Show sight triangles on the Landscape Plans (LDR, Chapter 7.5, Article II, Section 5.H.). Reference FDOT Standard Index 546 for the sight triangles along Federal Highway and Boynton Beach Blvd. Use a 35 ft. sight triangle for driveways alon!!: NE 4th Ave. 23. Indicate, by note on the landscape plan, that within the sight triangles there shall be an unobstructed cross-visibility at a level between 2.5 feet and 8feet above the pavement (LDR, Chaoter 7.5, Article II, Section 5.H.). 24. Landscaping is proposed that falls outside the property limits. Revise plans to indicate only work within the appropriate boundaries. Work outside the project limits shall be performed under separate permits and approvals must be obtained from the City of Boynton Beach Public WorksIForestry & Grounds Division. If permitted, different tree species may be required than those oroposed on the olans. 25. The Seagrapes shown along the east property line are too close to the sidewalk. It is recommended that they be located no closer than five ft. to the sidewalk. lbree feet may be acceptable with appropriate underground soil/aeration and root containments to prevent heaving of the sidewalk as the Seal!:1'aoes mature. 26. Canopy trees will not be allowed within utility easements. Please revise the Landscape plan to show utility easements and remove the proposed Live Oaks within the existin!!: 10ft. utility easement alon!!: the east property line. 27. The medians on Federal Highway, the chase areas on Boynton Beach Blvd. and Federal Hi!!:hwav, and Manlrrove Walk at the Marina Park have existin!!: 1 ST REVIEW COMMENTS.doc 06/15/04 4 I DEPARTMENTS INCLUDE REJECT hardscaping, irrigation and plant materials belonging to the City of Boynton Beach, Any damage to the irrigation systems and/or plant material as a result of the contractor's operations shall be repaired or replaced to the equivalent or better grade, as approved by the City of Boynton Beach, and shall be the sole responsibility of the developer. Please acknowledge this notice in your comments response and add a note to the plans with the above stated information, See note on cover sheet. 28. Provide an engineer's certification on the Drainage Plan as specified in LDR, Chaoter 4, Section 7.F.2. 29. Full drainage plans, including drainage calculations, in accordance with the LDR, Chapter 6, Article IV, Section 5 will be required at the time of oermittine. 30. Specify storm sewer diameters, inlets types, etc. on drainage plan. Indicate grate, rim and invert elevations for all structures. Indicate grade of storm sewer se21llents. Indicate material specifications for storm sewer. 31. Paving, drainage and site details will not be reviewed for construction 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: 32. Please provide a timeline that clearly illustrates when water and sewer services will be required to serve the proposed project. Your starting date for the timeline should be the date of City Commission approval. Also provide milestone dates for permit application, the start of construction, and the setting of the first water meter. This timeline will be used to determine the adequacy of water and wastewater treatment capacity for your project upon the project's completion, so please be as accurate as possible 33. No utility plan was included with this submittal; therefore, this plan is incomplete as submitted. Sheet 1 of 1 by Caulfield & Wheeler, Inc. is inadequate to respond to two (2) fourteen-story residential towers. However, the proposed Site Plan is an existing site located within the Utilities' service area, and is located where utility support is available (with upgrades). We are providing only a cursory review of the proposed site plans as submitted at this time. Additional comments may be required after a utility plan has been submitted. 34. The LDR, Chapter 3, Article IV, Section 3.0 requires Master Plans to show all utilities on or adjacent to the tract. The plan must therefore show the point of service for water and sewer, and the orooosed off-site utilities construction 1 ST REVIEW COMMENTS.doc 06/15/04 5 I DEPARTMENTS INCLUDE REJECT needed in order to service this prQlect. 35. All utility easements shall be shown on the site plan and landscape plans (as well as the Water and Sewer Plans) so that we may determine which appurtenances, trees or shrubbery may interfere with utilities. In general, palm trees will be the only tree species allowed within utility easements. Canopy trees may be planted outside of the easement so that roots and branches will not impact those utilities within the easement in the foreseeable future. The LDR, Chapter 7.5, Article I, Section 18.1 gives public utilities the authority to remove any trees that interfere with utility services, either in utility easements or public riszhts-of-way. 36. Palm Beach County Health Department permits will be required for the water and sewer systems servinll: this proiect (CODE. Section 26-12). Win como/v. 37. Fire flow calculations will be required demonstrating the City Code 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 2feater (CODE, Section 26-16(b)). 38. LDR Chap. 6, Art. IV, Sec. 16 requires that all points on each building will be within 200 feet of an existing or proposed ftre hydrant (for surface defense). A building sprinkler system will be required to cover all domestic and retail/restaurant uses. Please demonstrate that the plan meets this condition by showing all hydrants and vertical systems including any rooftop standpipes. 39. The CODE, Section 26-34(E) requires that a capacity reservation fee be paid for this project either upon the request for the Department's signature on the Health Department application forms or within 30 days of site plan approval, whichever occurs first. This fee will be determined based upon final meter size or expected demand. W"Ul comoly. 40. Water and sewer lines to be owned and operated by the City shall be included within utility easements. Please show all proposed easements on the engineering drawings, using a minimum width of 12 feet. The easements shall be dedicated via separate instrument to the City as stated in CODE See, 26-33( a). 41. This office will not require surety for installation of the water and sewer 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 Certiftcate of Occupancy. Will como/v. 42. A building permit for this project shall not be issued until this Department has approved the plans for the water and/or sewer improvements required to service this project, in accordance with the CODE, Section 26-15. WUl comolv. 1 ST REVIEW COMMENTS. doc 06/15/04 6 I DEPARTMENTS INCLUDE REJECT 43. PVC material is not permitted on the City's water system. All lines shall be DIP. Will comply. 44. Appropriate backflow preventer(s) will be required on the domestic water service to the building, and the fIre sprinkler line(s), in accordance with CODE Sec. 26-207. Wdl comply. 45. The existing sanitary sewer main shown on Civil Sheet 1 of 1 does not appear to be in the correct location. According to the survey it should fall within a 10ft. utility easement adjacent to the east property line. Please depict the sanitary sewer main accurately. 46. The proposed french drain on the east side of the property will conflict with the actual location of the sanitary sewer. Please correct. 47. Contact the Utilities Department regarding current information about the existing water main within Federal Highway. An upgrade from 6 in. to 12 in. has been approved for construction from Boynton Beach Blvd. to NE 3rd Ave. 48. The developer may be required to upgrade the remainder of the water main from 6 in. to 12 in. along Federal Highway north to NE 4th Ave. and east from Federal Highway along NE 4th Ave. to the property's east property line. Please provide fIre flow and demand calculations demonstrating the needed minimum main size for serving the needs of this proiect. 49. Utility construction details will not be reviewed for construction acceptability at this time. All utility construction details shall be in accordance with the Utilities Department's "Utilities Engineering Design Handbook and Construction Standards" manual (including any updates); they will be reviewed at the time of construction permit application. Will comply. FIRE Comments: 50. Hydrant connections shall be to mains no less than 6 inches in diameter. In addition to domestic requirements at a residual pressure of not less than 20 psi, a fire flow of at least 1500 gpm is required. 51. Where underground water mains and hydrants are to be provided, design documents must demonstrate that they will be installed, completed, and in service prior to construction work per the Florida Fire Prevention Code, (2000) Section 29-2.3.2. 52. Emergency access shall be provided at the start of a project and be maintained throughout construction per the Florida Fire Prevention Code, Section 3-5, and NFPA 241, (1996) Sqfeguarding Construction, Alteration, 1 ST REVIEW COMMENTS.doc 06/15/04 7 DEPARTMENTS and Demolition Operations, Section 5-4.3, Emergency access roadways must be :firm and unyielding, having a bearing value of not less than 40 (i,e. LBR 40), compacted to 98% of the maximum density as determined by AASHTO Tl80, in accordance with the FDOT Standard Specifications for Road and Bridge Construction (2000) Division 11, Section 160, STABILIZING, A copy of the test results shall be provided and accepted prior to above grade construction. Testing frequency shall not be less than that specified in the FDOT Sampling, Testing and Reporting Guide, or as required by the Fire Marshal. The roadway shall be maintained free from ruts, depressions, and damage, and at the required bearing value for the duration of it's intended use. Will complv. 53. City Ordinance Chapter 9 Article IT, subsection 9-24 provides for the following additional safety requirements for high-rise. buildings and/or buildings with 6 or more stories: . Firefighters Air System Equipment Storage Rooms. Stairwell Doors. Administrative Controls. Master Keys. Rappelling Anchors. Suppression Connections and Control Valves Communications . . . . . . . · Elevators / · Smoke Controls For details see the Fire Department Design Guide. WiD complv. 54. High-rise buildings shall be protected throughout by an approved, supenrised automatic sprinkler system in accordance with Section 9.7. A sprinkler control valve and a waterflow device shall be provided for each floor. Florida Fire Prevention Code, (2000) Section 11.8.2.1. WiD complv 55, High-rise buildings shall be protected throughout by a Class I standpipe system in accordance with Section 9.7, Florida Fire Prevention Code, (2000) Section 11.8,2.2. Will comply. 56. Class 1, Type 60, standby power in accordance with NFP A 70, National Electrical Code, and NFP A 110, Standard for Emergency and Standby Power Systems, shall be provided. Florida Fire Prevention Code, (2000) Section 11.8.4.2. Will comply, POLICE Comments: None BUILDING DIVISION INCLUDE REJECT ~tl~,.~'~/r' ~ ./, I . t;:..J~ . ",:1\1 \, i ).;.:.-\ i ..!J[ )C€ I -[e.--VY1 1 '1 3rd REVIEW COMMENTS New Site Plan d) 1". (f. rt Project name: Prornenade File number: NWSP 04-009 Reference: 2nd review plans identified as a New Site Plan with an June 15.2004 Planning and Zoning Department date stamp marking. I DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: 1. Prior to permit application contact the Public Works Department (561-742- 6200) regarding the storage and handling of refuse per the CODE, Article II, Section 10-26 (a). Additional detail(s) will be required at the time of permitting to ensure access is properly provided to the trash rooms for Solid Waste. Will comply 2. Two small trash rooms are depicted which seems inadequate for 30 I condos and penthouses, 38 hotel rooms, and 21,400 sf of retail space. Additionally the 16 townhouses are separate from the buildings and do not have direct access to a waste disposal area, After talking to City, trash rooms were increased and dock addedfro trash removal. 3. Indicate how solid waste will be handled. The locations of the two trash rooms do not provide direct access for solid waste pickup. Dock added PUBLIC WORKS - Traffic Comments: 4. Provide a traffic analysis and notice of concurrency (Traffic Performance Standards Review) from Palm Beach County Traffic Engineering. A traffic analysis is included that illustrates the peak turning movements at all ingre!t's and egress points. The analysis is also discusses the need of a left tllrn lane illto the garage at Boynton Beach Boulevard, but no other improvements are required. 5. The required traffic analysis should address, at a minimum, an evaluation of turning movements into and out of the proposed development. Particular attention should be given to the southbound to eastbound movement from Federal Highway to Boynton Beach Boulevard. Additionally, evaluate full signalization at the intersection of Federal Highway and NE 4th Ave, Traffic analysis is attached. 6. Show all off-site improvements, incorporating the new configuration for Boynton Beach Blvd, east of Federal Highway on the site plan. The IIew con.fil:uratioll is shown. 7, NE 4th Ave. shall be improved from Federal Highway cast to the east limits of the proposed development. At a minimum provide two - 12 ft. lanes with 3rdReviewComments[ 1) .doc 06/22/04 6 I DEPARTMENTS FIRE Comments: 36. Hydrant connections shall be to mains no less than 6 inches in diameter. In addition to domestic requirements at a residual pressure of not less than 20 psi, a fire flow of at least 1500 IWm is required. (Old #50) Noted. 37. Where underground water mains and hydrants are to be provided, design documents must demonstrate that they will be installed, completed, and in service prior to construction work per the Florida Fire Prevention Code, (2000) Section 29-2.3.2. (Old #51) Noted. 38. Emergency access shall be provided at the start of a project and be maintained throughout construction per the Florida Fire Prevention Code, Section 3-5, and NFP A 241, (1996) Safeguarding Construction, Alteration, and Demolition Operations, Section 5-4.3. Emergency access roadways must be firm and unyielding, having a bearing value of not less than 40 (i.e. LBR 40), compacted to 98% of the maximum density as determined by AASHTO T180, in accordance with the FDOT Standard Specifications for Road and Bridge Construction (2000) Division ll, Section 160, STABILIZING. A copy of the test results shall be provided and accepted prior to above grade construction. Testing frequency shall not be less than that specified in the FDOT Sampling, Testing and Reporting Guide, or as required by the Fire Marshal. The roadway shall be maintained free from ruts, depressions, and damage, and at the required bearing value for the duration of it's intended use. (Old #52) Will complv 39. City Ordinance Chapter 9 Article II, subsection 9-24 provides for the following additional safety requirements for high-rise buildings and/or buildings with 6 or more stories: . Firefighters Air System Equipment Storage Rooms. Stairwell Doors. Administrative Controls. Master Keys. Rappelling Anchors. Suppression Connections and Control Valves . . . . . . · Communications · Elevators · Smoke Controls For details see the Fire Department Design Guide, (Old #53) Will complv 40, High-rise buildings shall be protected throughout by an approved, supervised 'V automatic sprinkler system in accordance with Section 9.7. A sprinkler INCLUDE v \I .j .; REJECT 3rdReviewComments[ 1] ,doc 06/22/04 7 I DEPARTMENTS INCLUDE REJECT control valve and a waterflow device shall be provided for each floor. Florida Fire Prevention Code, (2000) Section 11.8.2.1. (Old #54) Will comp'v. 41. High-rise buildings shall be protected throughout by a Class I standpipe / system in accordance with Section 9.7. Florida Fire Prevention Code, (2000) Section 11.8.2.2, (Old #55) Will comply 42. Class I, Type 60, standby power in accordance with NFP A 70, National Electrical Code, and NFPA 110, Standard for Emergency and Standby V Power Systems, shall be provided. Florida Fire Prevention Code, (2000) Section 11.8.4.2. (Old #56) Will comply. POLICE Comments: None BUILDING DIVISION Comments: 43. Please note that changes or revisions to these plans may generate additional comments. Acceptance of these plans during the TRC process does not ensure that additional comments may not be generated by the commission and at permit review. (Old #57) Will comp'v. 44. Indicate within the site data the occupancy type of each building as defined in 200 I FBC, Chapter 3. (Old #58) See cover sheet 45, The height and area for buildings or structures of the different types of construction shall be governed by the intended use or occupancy of the building, and shall not exceed the limits set forth in Table 500 of the 2001 FBC. (Old #60) Will COlllp'V. 46. Place a note on the elevation view drawings indicating that the exterior wall openings and exterior wall construction comply with 2001 FBC, Table 600, Submit calculations that clearly reflect the percentage of protected and unprotected wall openings permitted per 2001 FBC, Table 600. (Old #61) See elevations. 47. Every exterior wall within 15 feet of a property line shall be equipped with approved opening protectives per 200 I FBC, Section 705,1.1.2. (Old #62) Will comply. 48. General area modifications to buildings shall be In accordance with 200 I FBC, Sections 503.3, 503.3.2, and 503.3.3. Provide calculations verifying compliance with the above code sections and 2001 FBC, Table 500. (Old #63) Will comply. Meeting Minutes Regular City Commission Meeting Bovnton Beach. Florida Mav 4. 2004 project from Motorola to Renaissance Commons (ret READING TASLED ON 04/07/04 - AWAITING APPROVAL FROM D.C.A. ON COMPANION ORDINANCE) (June 2004) E. Workshop regarding City Hall/Public Safety Space Needs Report (TBA) F. Proposed Lease Agreement with Boynton Woman's Club (TBA) XI. NEW BUSINESS: A. Discussion regarding Non Quasi-judicial Advisory Board Consolidation Commissioner McCray commented that there seems to be a problem getting applicants for the Education Advisory Board. His other concern was whether we could have someone who is willing to serve as an alternate who currently serves on another board as long as it does not present a conflict of interest. Mayor Taylor said that there had been discussion regarding combining the Education Advisory Board with the Advisory Board on Children & Youth. Neither of these Boards was in favor of that. Commissioner Ensler inquired whether there were a sufficient number of members on the Education Advisory Board to have a quorum. City Manager Bressner said that it would take some work. It will be necessary in the next few months for this Board to take on an increased role as the City forges relationships with schools in the community. He felt that it would be beneficial to look at the profile forms to determine if there were individuals that potentially could be recruited to this Board. Commissioner McCray was not in favor of consolidation of any of the non quasi-judicial boards. There was no further discussion. XII. LEGAL: A. Ordinances - 2nd Reading - PUBUC HEARING 1. Proposed Ordinance No. 04-005 Re: Amending Chapter 9, "Fire Protection and Prevention," Article II, Creating a new subsection 9- 24, "Requirements for high-rise buildings and buildings with six or more stories (RETASLED ON 04/20/04) Motion Commissioner McCray made a motion to remove this item from the table. Commissioner McKoy seconded the motion that carried unanimously. 14 Meeting Minutes Regular City Commission Meeting Boynton Beach. Florida May 4. 2004 City Attorney Cherof read Proposed Ordinance No. 04-005 by title only. There was no one from the public who wished to address this item. Bill Bingham, Fire Chief, reported that fires in high-rises place extra demands on Fire Departments that exceed their resources. All firefighting equipment must be hand carried to the fire floor and precious minutes are wasted. The components of this proposed ordinance provide several safeguards in high-rise structures in the interest of rapid response and firefighter and occupant safety. While new to Florida, there are more than 300 of these systems in other states. Early in the process, input was solicited from the developers in the area. No response was received. They did receive a few E-mails regarding the impact of such a project that totally distort the truth and are not necessarily fact-based. During the past few days, favorable comments from developers were received. There are ten components as referenced in the Design Guide, eight of which are already embedded in existing life safety codes. The other two areas are the self-controlled breathing air replenishment system and a small supply room designed to be placed every five stories, adjacent to an enclosed stairway. The most costly of the components is the breathing air supply system. The cost for this system is approximately less than one-half of one percent of the average building construction cost. For instance, the Marina project will include 338 units. This $35,320M construction project would spend approximately $176,000 for the total project, which is $520 per unit. By comparison, the minimum landscape costs are $300,000. The Commission's option is to approve or deny this request. The system is available in other states and will become commonplace in the next ten years. Chief Bingham felt that this type of design will take on the same level of importance as sprinklers did 25 years ago in high-rise buildings. However, if we wait until another City in Florida takes the initiative, all the anticipated high-rise buildings in Boynton Beach will already be built. Boynton Beach will then be faced with the option of retrofitting or doing nothing and face the consequences of dealing with the issue after a firefighter or high-rise occupant is injured or worse. Fire Chief Bingham stated that he is paid to research and provide recommendations and to provide risk management for issues of fire and life safety. He is paid to provide the highest degree of fire suppression and safety for both firefighters and building occupants. Therefore, he is simply doing his job in suggesting a creative and proactive approach to a new City issue. The two issues that arose between first and second reading of the proposed ordinance have been addressed. The first is, in the absence of a Florida certification for testing, the authority having jurisdiction will determine criteria for certification, maintenance, etc. Secondly, it has been clarified that both the initial equipment and the subsequent equipment required in the storage room are the responsibility of the owner/agent of the building. The Design Guide has been changed to reflect these two changes. 15 Meeting Minutes Regular City Commission Meeting Bovnton Beach. Florida Mav 4. 2004 Rre Chief Bingham's recommendation was to move ahead. He understood that, like any new ordinance, this one would require careful monitoring and possible future modifications. He asked that safety not be sacrificed for developer profit and that the City of Boynton Beach not lose the opportunity to be a leader in the area of high-rise safety. Commissioner Ensler commented that the backup indicates that this would apply to only six or more story buildings. He questioned where the six-story came from. Rre Chief Bingham explained that generally, 75 feet or six-stories is the cut-off as to where a high-rise building starts. Commissioner McCray asked who would do the monitoring. Fire Chief Bingham said that since there currently is no Florida certification, there was a caveat placed in the Building Design Guide that it would be the authority having jurisdiction, which would be our Rre Marshal along with the Rre Chief and City staff, until such time as certification is available in the State of Florida. Motion Commissioner McCray moved to approve Proposed Ordinance No. 04-005. Commissioner McKoy seconded the motion. City Attorney Cherof said that one amendment to the ordinance was needed to conform to the cost shifting comment that the Fire Chief made. The paragraph on page 2, subsection B needs to be amended as follows: "The following life safety features shall be provided and maintained in working order by the property owner in accordance with the approved plans and specifications and shall be tested, certified and proved to be in proper working condition at the owner's cost to the satisfaction of the Rre Marshal before issuance of the Certificate of Compliance. " Both Commissioner McCray and Commissioner McKoy accepted the amendment. City Clerk Prainito called the roll and the motion carried unanimously. 2. Proposed Ordinance No. 04-029 Re: Amending Chapter 24, "Taxicabs," of the Code of Ordinances, Part II, and creating a revised Chapter 24 entitled "Vehicles for Hire" City Attorney Cherof read Proposed Ordinance No. 04-029 by title only. There was no one from the public who wished to speak on this item. Motion Commissioner McCray moved to approve Proposed Ordinance No. 04-029. Motion was seconded by Commissioner Ensler. City Clerk Prainito called the roll and the motion carried unanimously. 16 ~\"'YO;::' \ \ll \ '. )::: 0' r (J ".. ~(. IV'" v 1"ON <Z> lII.-ANNOUNCEMENTS & PRESENTATIONS Item A.l CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FO~.l 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 December 5, 2006 November 20, 2006 (Noon.) 0 0 January 2, 2007 December 18, 2006 (Noon) 0 March 5, 2007 February 12,2007 (Noon) 0 January 16, 2007 January 2, 2007 (Noon) 0 March 20, 2007 March 5, 2007 (Noon) [8J February 13,2007 January 22, 2007 0 April 3,2007 March 19,2007 (Noon) [8J 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 0 Public Hearing 0 RECOMMENDATION: Announce the Boynton Beach Heritage Celebration Super Weekend and Concert. EXPLANATION: The City of Boynton Beach and the CRA Present: Boynton Beach Heritage Celebration - Super Weekend Friday February 23 thru Sunday February 25 Opening Reception & Art Show - A VIP By Invitation Only Event on Friday, February 23, 5:30pm- 7:30pm at the Schoolhouse Children's Museum Immediately following there will be a Community Event featuring local speakers from 7:30pm - 9:00pm at the Civic Center, refreshments will be served. Saturday, February 24, the Hester Center Activities start at 9:00AM and continue through 7:00PM Children's Activities (including arts & crafts, bounce house, rock climbing, laser tag, train rides, etc), Sports Tournaments, Continuous Entertainment (including Stage Performers, Gospel Singing, Event Rappers, Concert Headliners, Band & Cheerleading Performances). The entire day is FREE of charge with the exception ofthe Basketball Tournaments which are $2.00 for ages 17 & under and $3.00 over 17years. There will also be Basketball Tournaments on Friday Evening and all day on Sunday. Saturday, February 24, 2007 - 7:00 PM - 10:00 PM "Kool & the Gang" FREE CONCERT on East Ocean Avenue between Seacrest and NE 1st Street - There will be a VIP refreshment area set-up The Weekends Finale' will be a Gospel Concert Sunday Feb, 25 from 3pm - 5pm at the Civic Center PROGRAM IMPACT: We wish to present quality events that will bring the residents of Boynton Beach and the surrounding communities into the downtown Boynton Beach area. FISCAL IMPACT: None S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC ~\.,.:.,~"" " '01. ..' '.' 0\, ~,/ i; ;..,...."./.'" " - _d "1^ON <Z> CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM AL TERNA TIVES: Not permit announcement Department Head's Signature irtf?~ City Manager's Signature Assistant to City Manager ~' Department Name City Attorney / Finance SIBULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC III.-ANNOUNCEMENTS & PRESENTATIONS Item A.2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office 0 December 5, 2006 November 20,2006 (Noon.) 0 0 January 2, 2007 December 18, 2006 (Noon) 0 March 5, 2007 February 12,2007 (Noon) 0 January 16,2007 January 2,2007 (Noon) 0 March 20, 2007 March 5,2007 (Noon) [8J February 13, 2007 January 22,2007 0 April 3, 2007 March 19,2007 (Noon) [8J 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 0 Public Hearing 0 RECOMMENDATION: Please add the Library's Heritage Celebration activities to Announcement 1, paragraph 2. EXPLANATION: The Boynton Beach City Library and Schoolhouse Children's Museum will host African American activities throughout the month of February. The activities for the Heritage Celebration weekend of February 23 and 24 include an Insight into Remote Africa through a photo presentation, African American Tribute Show produced by the Library's teen volunteers and an African American Family Film. A complete list of the Library's and Museum's activities is attached as Exhibit A. PROGRAM IMP ACT: Participate in the joint effort of the City-wide Heritage Celebration to create a professional Celebration and promote a positive impact between all heritages within the City of Boynton Beach. FISCAL IMPACT: None. ALTERNATIVES: None. i Ci~ Assistant to City Manager ~ City Attorney / Finance Department Name S:\BULLET1N\FORMS\AGENDA ITEM REQUEST FORM.DOC HEttIT....G.E z .:0 o _ !E: >- )- ,.. g :z: ~EI.E8~nON .2007 Saturday Saturday Friday Saturday BOYNTON BEACH CITY LIBRARY African American History Month Calendar of Events: February, 2007 IEXHIBIT A I Feb. 3 1 :00 PM Puppet Show Puppets reflecting various ethnic groups will present a musical puppet show discussing the principles espoused by Martin Luther King, Jr. Feb, 10 1 :00 PM FL African American History Workshop "Program for all ages. Feb. 16 3:30 PM Harriett Tubman Performance artist will portray Harriett Tubman at the Schoolhouse Children's Museum. Feb. 17 1 :00 PM The American Constitution Author Cathy Travis will inform us about our history and our government workings in plain English, Wednesday Feb. 21 6:00 PM African American Family Film Festival A movie, suitable for all audiences, which is related to African American heritage will be shown, Thursday Friday Saturday Saturday African American Film Niaht: Stormy Weather Feb. 22 6:00 PM with Lena Horne liThe movie Stormy Weather with Lena Horne will be shown, Feb. 23 1 :30 PM Insiaht into Remote Africa A PowerPoint presentation of photos taken by a Library patron in remote parts of Africa. A brief history of the different regions and a description of the culture will be presented, Feb. 24 2:00 PM African American Tribute Show United Teens in Action (teen volunteers) will produce a skit taking place in a classroom where they discuss famous and not so famous African Americans, Feb. 24 3:00 PM African American Family Film A movie, suitable for all audiences, which is related to African American heritage will be shown. Alfred W. Levy 1 Woods Lane Boynton Beach, FL 33436 v. ADMINISTRATIVE ITEM A. Phone - 1-561-731-5422 Fax - 1-561-731-4748 E-mail -NormaI98@ao1.com Community Relations Board City of Boynton Beach, FL 100 East Boynton Beach Boulevard Boynton Beach, FL. 33425 December 10, 2007 Att: Mr. Brian Miller - Chairman Community Relations Board Dear Brian: Please accept this as my resignation from the Community Relations Board. I will be leaving the community within the next month and as such will be ineligible to serve. It has been a pleasure serving with you and meeting a lot of wonderful, dedicated individuals. If I can be of any assistance in the future, please feel free to call upon .me. With my best wishes to the entire board, i Alfred W. Levy Ii : i ~) V. ADMINISTRATIVE ITEM B. ~'~~(Y. I .~_ x. v '-, '-" ~7 '-/-' , / I, ,,', '}..... ' J / ) UJ i.-v-'Y7./.~ (/ ..(./', /,, (~ , . ~~::&vU,.../0.. uU1 \-:;/:r"JY]/ )'Y'>Jj'YJJ-{)-;V~.' '-)^ ~! (J:J!XCl<lf! )k at1lt~ fh&1 J /~Vll..1..;~:lf , ,...t'1 .') /' ; ,"'::.v. /"' ,. /, u" "I )I 1(\,"/ \on , r--j (,...c-~-~-V." _~ / \..... ( .,--..-. UA-{-;/ /i / , /) "6' "G ,K''-' I. ,'" - _ ) V -:;.......',-. , 1 /\;. I';,;,.;..,..;JI-1J. .- ;/......./'-1.. ,;..z...;,./ \ ) ,1 " t"..V"> ;'Z--()-;rJt-,t/~1... / /' ,-1/ /.. /[. /t/ '1 '/1 ....;.."l..j!..A'..; IL"7 t./ I Y l.. (/ J!...-fJ- L/~ ,.' / [,,-!. ~,...... d... {o (..-- 'L.lj- V' - \ .+ t.f:rJ1L 'YY'l,'f..--.:l..-U{f''''}1) v~.t":ie!-.hj'e" ,_ La- -n;t.J</')., . '._. / ~~ 1)(J7; 1'/ " 1'~'" . v , , /_ '''J .. -:LI/1J.? jiL/L/!lZ " d(L-u, . .1-7~ .,~"ii_" /}y~~ """,-~\ n '-, -,I . J--- ;2/lrz;/!L/ (,' "j;;J,i ,jL/ ;' /1~, /' _ Z--L~.... G):.. , "" \ /1/~"1_J1. i \ ,~ ;~ \ r!Crj1--U ~"7-,<-'C(,,((_"'\ k? d".' , .' -~'. -' '1 U J-to-Ju-Q) __ v r f{)~/l~' -t t.. .. " / .,/', i' ~;_ " ~iC. :I'.-t~"j ;; '"-/" <'.....-t--- /') I / i'b /"/ /,/'1' .;\~'t,..'e-0,___(.....- -V ;!(~ . j ". { ! / ._" I. tl c (-., I I I ,~11'(U:;-A~~ ) ~/ ,~~\ ' (~,~)j ~>~ /I ~ Q..--w~ ;. . \Jvft V.ADMINISTRATDiE ITEM C. APPLICANTS ELIGIBLE FOR APPOINTMENT 02/13/07 LAST NAME FIRST NAME 1 st CHOICE 2nd CHOICE 3rd CHOICE APPLlCA nON SUBMITTED Aikens Willie L. Community Redev. 6/20/06 Aaency Board Buchanan James (Buck) Community Redev. 7/10/06 AQencv Board Burgess Alan Arts Commission 1/19/07 Collins Susan Sr. Advisory Board 1/19/07 Hillery, Jr. Edward G. Planning and 11/15/06 Develooment Bd. Wolf Halena Arts Commission 1/24/07 -". , I .,r' ( III.-ANNOUNCEMENTS & PRESENTATIONS Item B.1 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to Citv Clerk's Office Meeting Dates in to Citv Clerk's Office D December 5, 2006 November 20,2006 (Noon.) D D January 2, 2007 December 18, 2006 (Noon) D March 5, 2007 February 12,2007 (Noon) D January 16, 2007 January 2, 2007 (Noon) D March 20, 2007 March 5, 2007 (Noon) [ZJ February 13, 2007 January 22,2007 D April 3, 2007 March 19,2007 (Noon) [ZJ Announcements/Presentati ons D City Manager's Report NATURE OF 0 Administrative D New Business AGENDA ITEM 0 Consent Agenda D Legal 0 Code Compliance & Legal Settlements D Unfinished Business 0 Public Hearing D RECOMMENDATION: I ga"lJ Iroo Boy,.to,. BoatA I "Kids NllJAt 0141" wltA tAo OrllJl,.ae UareOHt geo{Jotrottors. /' EXPLANA TION: Risk Management Department is sponsoring this event at the F AU Arena, Boca Raton on Monday evening, March 5, 2007. Assistance is being provided by the Recreation & Parks Department, Art Center and Hester Center. Elementary School age children will be asked to draw an alternative activity to joining a gang. The fifty best drawings will be selected and those children will attend the Kids Night Out. The pictures will be displayed at various recreation facilities as well as the Boynton Beach Mall. We can also take the drawings to identify those activities the children are interested in and use them as a form of a focus group to identify other activities which can be developed and promoted by the Recreation and Parks Department. PROGRAM IMPACT: This is an attempt to impact elementary school age children to offer an alternative to joining gangs. FISCAL IMPACT: (Include Account Number where funds will come from) This program is being supported by a number of companies and individuals with whom the Risk Management Department interacts and who have shown an interest in assisting the City and the local community in combating gang activities. artment Head's Signature ALTERNATIVES: To not make the announcement. i City Manager's Signature Assistant to City Manager ~ RISK MANAGEMENT I' Department Name City Attorney I Finance RM/Gang Globetrotter Commission Agenda.doc S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC . ~ City of Boynton Beach Risk Management Department Presents (jtJltfllrllll 8oYlttolt 81ltJcA I Kids N if'" O~, With 7 All OriflilttJ8 HtJr81lHt (jOo(jlltrottllrs Monday, March 5, 2007 FAU Arena, Boca Raton, Florida Special Attraction {J/toGotrottor Ultillorsity Exclusive opportunity to learn from some of these world-class athletes. University begins at 5:30 PM Game begins at 7:00 PM Bus departs from Ezell Hester Community Center at 4:00 PM I Galt' 'Iroo BOYlttolt BoatA I is supported by these local people: BiJTH~ CONROY, SIMBERG, GANON. KREVANS, ABEL. LURVEi; MORROW & SCHEFER. P.A. YOUR BEST DEFENSE Pegasus Products, Inc. Diagnostic Centers of America Nancy & Jeff Bolton Barbara & Brian Cottrell Suzanne & Jim Mays Barbara & George P. Roberts, Jr. Karen & Chris Temme Chuck Magazine ~ ./ ( {Jalt' 'Iroo BOYlttolt BoacA Kids N iflAt O".t With 7 Ao Ori,ilta/! Httr/!oHf {J/!oOotrottors Attendee Selection Plan 1. Recreation and Parks Department, at Hester Center and Art Center, will notify elementary school age children of the program. 2. Children will be asked to draw a picture of an activity that kids can take part in rather than gang activities. 3. Children will draw their pictures and staff will select the best fifty pictures. 4. The children who drew those pictures will be invited to attend the event. Appropriate parental authorization and consent forms will be signed. ( 5. Recreation and Parks will provide bus transportation to the event. 6. Staff and volunteers will accompany children to the event. 7. Children will also receive a t-shirt commemorating the event. Food will be provided at the event. 8. All pictures will be displayed at various City facilities including City Hall in the Mall. 9. Pictures will also be utilized in the form of a Focus Group to come up with additional ideas for activities to be sponsored by Recreation and Parks. 10. Costs for tickets, t-shirts and food will be underwritten by sponsors obtained by the Risk Management Department. RM/Gang Globetrotter Selection Plan.doc ( --- -- -- VI.-CONSENT AGENDA ITEM B.l. 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 Meeting Dates in to Citv Clerk's Office Meeting Dates in to City Clerk's Office 0 December 5, 2006 November 20,2006 (Noon.) 0 0 January 2, 2007 December 18,2006 (Noon) 0 March 5, 2007 February 12,2007 (Noon) 0 January 16, 2007 January 2, 2007 (Noon) 0 March 20, 2007 March 5,2007 (Noon) ~ February 13,2007 January 22, 2007 0 April 3, 2007 March 19,2007 (Noon) 0 AnnouncementslPresentations 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM [8J Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 RECOMMENDATION: Motion to approve the "piggy-back" of the CITY OF WEST PALM BEACH, BID #03/04-06, to FLORIDA HIGHWAY PRODUCTS, INC. for the MICRO SURF ACING OF ROADWAYS in the estimated amount of $335,983.00. EXPLANATION: Procurement Services received a request from Public Works/Engineering Division to "piggy-back" the City of West Palm Beach, Bid#03/04-06 to utilize Florida Highway Products, Inc. for the purpose of Microsurfacing roadways. This will assist in the repairs of deteriorating roadways throughout the City. All City streets have been inventoried and their condition rated. The repair schedule has been prioritized based on immediate need. Procurement Services request Commission's review, and approval. PROGRAM IMP ACT: Microsurfacing is a proven bituminous surface treatment that aids in stopping pavement oxidation and surface failure. Microsurfacing is not an asphalt overlay and, as such, has an entirely different visual appearance. Proper maintenance extends pavement life and reduces future costs. FISCAL IMP ACT: Funds are allocated within the CIP budget as follows: Account Description Street Improvements Account Number 302-4905-580-63-08 (Project# CP0266) Budget $840,000.00 ALTERNATIVES: To continue with repair of isolated areas (potholes). D~~ Department Name S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC ....Cfl.. DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION MEMORANDUM NO. 07-005 TO: Bobby Jenkins Assistant to the Finance Director FROM: Ge~rge Mantell ~) Project Manager ~/ DATE: January 5, 2007 RE: Request for Contract Services for Microsurfacing Proposal from Florida Highway Products, Inc. Account# 302-4905-580-63-08 Project# CP0266 Please proceed with preparing a purchase order for the above micro surfacing services by "piggy-backing" onto the City of West Palm Beach's contract with Florida Highway Products, Inc. Their proposal is for $335,983.00. This project has been initiated by the Department of Public Works/Engineering Division to address repair of deteriorating roadways throughout the City. All streets have been evaluated and their condition rated. The worst streets have been identified for immediate repair. Should you have any questions or required additional information please feel free to contact me at ext. 6486. GM/ck Xc: Jeff Livergood, Director of Public Works H. David Kelley, Jr., PE/PSM, City Engineer S:\Engineering\Csd\Projects\Microsurfacing 2005\Memo to Finance - Request for PO j')f FL Highway Products.doc Florida Highway Products, Inc. P.O. Box 928 · Bartow, FL 33831 3900 US Highway 17 N. · Bartow, FL 33830 (863) 533-7881 · FAX: (863) 533-4404 George Mantell, Project Manager Public W orks/Engineering Division City of Boynton Beach 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, FL. 33435 Re: Proposal for Double Course Micro-Surfacing, Crack-Filling and Rut-Filling on various Roads through out the City for the 2006 / 2007 Budget year Dear George; Per your request, Florida Highway Products Inc. (FHP) and I are pleased to submit a proposal to Crack-Fill, Rut-Fill and place a double course of Micro-Surfacing on various roads throughout the City. This work would be performed utilizing the current City of West Palm Beach Annual Micro-Surfacing Contract #03/04-06. The current contract unit pricing has been amended and approval is expected by the City of West Palm Beach by the end of the week. The proposed roads listed below have been measured for quantities and location by you and I last week. If the proposal is approved, I will need 5 or 6 maps to give the crews to perform the work. Locations Quantities Pricinl! 1) Meadows Blvd from Congress Ave to Congress Ave, 6,800'x 24'= 18,134sy = $ 58,210 2) Meadows Wav from Meadows Blvd to Hypoluxo Rd, 1,800'x 24'= 4,800sy = $ 15,408 3) NE 1st Ct from Gateway Blvd to NE 20th Ave, 965'x 22'= 2,359sy = ----------- $ 7,572 4) NE 20th Ave from 1 st Way to NE 4th St, 2,37Tx 22'= 5,811sy = ----------------- $ 18,653 S) NE 4th Ct from Gateway Blvd to NE 20th Ave, 672'x 20'= 1,494sy = ---------- $ 4,796 6) NE 3rd St from Gateway Blvd to NE 20th Ave Dead End, 88Tx 20'= 1,972sy = $ 6,330 7) NE 1st St from NE 20th Ave to NE 21st Ave, 714'x 20'= 1,587sy = --------------- $ 5,094 8) NE 21 st Ave from NE 2nd Ct to NE 1 st Ct, 531 'x 20'= 1, 180sy = ------------------ $ 3,788 9) NE 2Sth Ave from NE 4th St to NE 2nd Ct 1 26Tx 20'= 2 816sy = -------------- $ 9039 , " , 10) NE 3rd Ct from NE 25th Ave to NE 26th Ave, 80Tx 20'= 1,794sy = ------------ $ 5,759 ll)NE 3rd St from NE 25th Ave to Gateway Blvd, 1,583'x 20'= 3,518sy = -------- $ 11,293 12)NE 4th Ct from Gateway Blvd to NE 26th Ave, 1,656'x 20'= 3,680sy = ------- $ 11,813 13) NE 2nd Ave from NE 2nd St to Gateway Blvd, 851'x 20'= *1,892sy = ---------- $ 6,073 14) NE Sth Ct from Miner Rd to Cul-de-sac, 470'x 20'= *1,045sy = ----------------- $ 3,345 a) Cul-de-sac, 80'= *558sy = ------------------------------------------------------ $ 2,321 IS) NE 1st Wav from Gateway Blvd to NE 20th Ave, 1,055'x 24'= 2,814sy = ------ $ 9,033 16) NE 2nd St from NE 2nd Ct to Gateway Blvd, 464'x 20'= 1,032sy = -------------- $ 3,313 17) SE 2nd Ave from Seacrest Blvd to Dead End, 1,092'x 20'= 2,427sy = ---------- $ 7,791 18) SE 3rd Ave from Seacrest Blvd to Dead End, 1,163'x 20'= 2,585sy = ---------- $ 8,298 19) SE 4th Ave from Seacrest Blvd to Dead End, 1,132'x 20'= 2,516sy = ----------- $ 8,076 .......... ..._.;..........;_h.......... ""__ 1::....,.,;1. A A.....i_1MCI_..;......Ui_h......... ..ftt October 31, 2006 City of Boynton Beach Micro-Surfacing 06 / 07 Page 2 20) Arthur Ct & Atlantic Dr from Seacrest Blvd to Seacrest Blvd, *4,000sy = --- 21) SE 5th Ave from Seacrest Blvd to Railroad Tracks, 1,054'x 24'= 2,811sy = --- 22) SE 6th Ave from Seacrest Blvd to Dead End, 953'x 20'= 2,118sy = ------------ 23) SE 7th Ave from Seacrest Blvd to Dead End, 887'x 20'= 1,972sy = ------------ 24) SE 8th Ave from Seacrest Blvd to Dead End, 840'x 20'= 1,867sy = ------------ 25) SE 9th Ave from Seacrest Blvd to Dead End, 812'x 20'= 1,805sy = ------------ 26) SE 10th Ave from Seacrest Blvd to Dead End, 772'x 20'= 1,716sy = ---------- 27) SE 11th Ave from Seacrest Blvd to SE 1st St, 615'x 20'= 1,367sy = ----------- 28) SE 1st St from Boynton Beach Blvd to SE lih Ave, *4,086'x 21'= 9,534sy = 29) SE 3rd St from SE 5th Ave to SE 6th Ave, 402'x 20'= 894sy = ----------------- 30) W Ocean Dr from SW 7th St to SW 8th St, 739'x 20'= I ,643sy = ------------- 31) SW 26th St from GolfRd to Woolbright Rd, 2,437'x 24'= 7,300sy = -------- * roads that require crack-fill $ 12,840 $ 9,023 $ 6,799 $ 6,330 $ 5,993 $ 5,794 $ 5,508 $ 4,388 $ 30,604 $ 2,870 $ 5,274 $ 23,433 Total Double Course Micro-Surfacing, 100,483sy @ $3.211sy = --------- $322,550 Total Double Course Micro-Surfacing Cul-de-sac, 558sy @ $4.16/sy = $ 2,321 Estimated Crack-Filling - 500 gal @ $13.72/gal = ------------------------- $ 6,860 Estimated Leveling - 20 tons @ $212.62/ton = ----------------------------- $ 4.252 TOTAL MICRO-SURFACING PROPOSAL = ---------------------------- $ 335.983 Florida Highway Products, and I would like to take this opportunity to thank you and your City for allowing us to perform your Pavement Maintenance needs. If you have any questions or concerns, please contact me at your earliest convenience at 561-719-1225. cc: Robert Maggard, Vice President, FHP John Klein, Senior Project Manager, FHP FHP file From: Lois J. F_tlt!f!Yf~ PfT1 -1 03 Claudia M. McKenna, City Attorney Nancy D. Urcheck, Deputy City Attome~V"-" / November 17, 2006 "'E' \'. ST P.~L!,t BElICH OFFICE OF THf: IU.YOR G'Ece&E Mt-tt-JTEL\ s Cory MEMO To: OFFICE OF THE CITY ATTORNEY FileNo.: 410.04-00424 Date: Re: Execution of Contract Amendment No.3 to the Annual Microsurfacing Contract Florida Highway Products, Inc. $400,000.00 06.271 Transmitted herewith for your signature are two (2) original documents described above. The document has been reviewed and approved for legal sufficiency. You are authorized to execute these documents pursuant to the Procurement Code. . After you have executed these documents, kindly forward the documents, along with this memo, to the City Clerk's Office. To: From: Blane Kathune, City Clerk .t. Nicholas I. Igwe, Assistant City Attorney Transmitted herewith are 2 original documents executed by the Mayor. Please take the actions indicated below with respect to these documents: II' Attest to the execution of the document by the Mayor. -L Date the document as of the date of execution by the Mayor. (If dated by the contractor on the first page, strike through that date, write in the date of execution by the Mayor and initial). Leave the document dated as of the date written by the contractor. (Use this prior date as the contract/amendment date in the Bond, if checked off below). ~ Performance Bond: Write in .the contract/amendment date in the spaces provided. ~ Labor & Materials Bond: Write in the contract/amendment date in the spaces provided. ~ Power of Attorney: Certification - Date the certification as of the date of the contract/amendment. The Mayor is authorized to execute the contract/amendment in accordance with: .L Procurement Code. Procurement certification is attached. Commission Approval. Resolution No. The contract termination date is: .February 24. 2008 CONTRACT AUTHORIZATION Procurement Process Compliance Certification This will certify that the undersigned department director or his/her designated representative has determined that the Contract(s) submitted for signature by the Mayor comply with the Procurement Code (the "Code") in the following respects: I. The project has been specifically described in the Budget with regard to the nature and estimated amount of the project 2. The project does not involve above ground changes to the City. 3. The amount of the Contract meets the budget requirements of the Code. 4. The Procurement Official has been provided with all necessary copies and or other documents necessary for maintaining the reports required by the Code. ng Services Director tf /I<<f~ Date Public Utilities No. 0'. d 71 Project Name: Annual Contract for Microsurfacine Amendment 3 Work Authorization No. Project No.: Contractor: Various Number of Originals needing Signature Florida Hiehwav Products. Inc. 2 Contact Person: Nasim Taheri. Senior Proiect Eneineer Attached: Extension: 1094 x X Justification Memorandum Other; Amendment No.3 Purchase Requisition/Change Order Expenditure Detail Divisional Review: Mproject Manager _ Division Manager Fiscal Services N/ A Senior Accountant / Accountant Capital & Bond Fund Supervisor Fiscal Services Manager F:\RHewin\Projects\Annual Contract Microsurfacing-Various\Amendment No. 3\Compliance Cert.doc 1 1/7/06 MEMO Engineering Services Department To: Lois J. Frankel, Mayor Jonathan Bramley, Director of Engineering Services ~ ....,- Nasim Taheri, Senior Project Engineer ,,7:1 Request for Approval of Amendment No. 3 to the Annual Microsurfacing Contract with Florida Highway Products, Inc. to renew the Contract for Final Term and Price Adjustment. November 7, 2006 Thru: From: Subject: Date: Annual Microsurfacing Contract with Florida Highway Products, Inc. was executed by the Mayor on February 25, 2004 for a twelve {12} months term. Amendment No. 1 to renew the contract for an additional year and revised the rate schedule by 11 % executed by the Mayor on March 31 J 2005. Amendment No. 2 to renew the contract for an additional year and revised the rate schedule by 15% was executed by the mayor on January 31,2006. Amendment No. 3 to renew the contract for the final term and increase rate schedule by 7% as requested by Florida Highway Products, Inc. due to the rapidly escalating cost of raw materials, and based on the August, 2006, Produced Price Index (PPI) for Street and Highway Construction. The City desires to amend the Cost Schedule to reflect the increase in the unit prices for the remainder of the contract, effective the date of execution of the contact by the Mayor. Pursuant to Section "4",. the term of the Contract will be renewed for the Final Annual Term, commencing February 25, 2007, and will expire February 24. 2008. The anticipated value of this contract for the remaining term is ,.. ,8es:sQO.. The funds for Amendment No. 3 will be provided through various accounts. q 4- 0 0.1 () 0 ..) '':::' 0 t'\~ u\ The streets selected for the microsurfacing improvements may be increased or decreased at the City's discretion. The City Small Business (SB) Division established an S8 goal of 4% for this project. Florida Highway Products, Inc. will be providing 4% Small Business participation for this project. &IAn Equal Opportunity Employer" It is requested that the Mayor approve and execute the attached two (2) originals of Amendment No. 3 where designated and return the entire submittal to the attention of Chandre McGee, Lead Contract Specialist, Engineering Services Department. Attachments: Amendment NO.3 (Two Originals) cc: Joe Piazza, Capital and Bond Fund Supervisor Nora Laudennilk, Purchasing and Contract Manager Ben Couden, Senior Accountant Sealed Bid No. 03/04-06 ~, Otlll '/?/r"Y S -,. ~ ..... fit. -':, VRl AMENDMENT NO.3 TO THE ANNUAL MICROSURFACING CONTRACT THIS AMENDMENT NO. 3 TO THE ANNUAL MICROSURF ACING CONTRACT ("Amendment No.3") is entered into by and between the CITY OF WEST PALM BEACH ("City") and FLORIDA HIGHWAY PRODUCTS, INC., a Florida corporation, located at 3900 U.S. Highway 17 North, P.O. Box 928, Bartow, Florida, 33831 ("Contractor"). WHEREAS, the City entered into the Annual Microsurfacing Contract, dated February 25, 2004, with the Contractor to perform various roadway microsurfacing projects, on as needed basis; and WHEREAS, Section "4" of the Contract provides that the Contract may be renewed for three (3) additional one (1) year periods and specifies for adjustment of the unit prices listed in the Schedule of Bid Items, Exhibit "4", for renewal terms, pursuant to the Consumer Price Index for Highway and Street Construction; and WHEREAS, pursuant to Section "4", the initial term ofthe Contract expired on February 24, 2005; and WHEREAS, on March 31, 2005, the City renewed the Contract for an additional one (1) year period ("Second Annual Term") and increased the unit prices specified in the Schedule of Bid Items in accordance with the provisions of the Contract; and WHEREAS, on January 31,2006, the City renewed the Contract for an additional one (1) year period ("Third Annual Term") and increased the unit prices specified in the Schedule of Bid Items in accordance with the provisions of the Contract; and WHEREAS, due to the continued increase in costs related to road construction materials, the Contractor has requested further increases in the unit prices of the Contract; and WHEREAS, the City desires to renew the Contract for an additional one (1) year period ("Final Annual Term") and further amend the unit prices of the Contract, subject to the terms and conditions contained herein. AGREEMENT In consideration of the foregoing recitals, the mutual covenants contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City and Contractor hereby agree as follows: 1. Recitals. The City and Contractor hereby acknowledge and agree that the recitals set forth in this Amendment No.3 are true and correct in their entirety. 2. Contract. All references to "Contract" shall mean the terms and conditions contained in the Annual Microsurfacing Contract, dated February 25, 2004, as amended by Amendment No.1, Florida Highway Products. Inc. Annual Microsurfacing Contracts-Amd. No.3 10312006 Amendment No.2 and this Amendment No.3. 3. Term. Pursuant to Section "4", the term of the Contract is hereby renewed for the Final Annual Term, commencing February 25,2007, and expiring February 24. 2008. 4. Schedule of Bid Items - Exhibit 4. Effective upon the full execution of this Amendment No.3, the Schedule of Bid Items as reflected in Exhibit "4" of the Contract is hereby amended to reflect the increases in the unit prices, as set forth in Exhibit "3-A", attached hereto and incorporated herein by this reference. The Contractor agrees to honor the unit price rates specified under this Amendment No.3 through the expiration of this Contract and shall not seek any additional rate increases under this Contract. 5. Compensation. The anticipated value of this Contract for the Final Annual Term shall not exceed the sum of Four Hundred Thousand and 00/100 Dollars ($400,000.00). The City reserves the right to increase or decrease the anticipated value as necessary to meet actual requirements. The City does not guarantee any minimum amount of work, or the extent of services required. It is understood and agreed that the City's obligation to pay under this Contract is contingent upon an annual appropriation for its purposes by the City Commission. 6. Effect of Amendment. Except to the extent the Contract, is modified by Amendment No.1, Amendment No.2 and this Amendment No.3, the terms and provisions ofthe Contract shall remain unmodified and in full force and effect. 7. Construction. In the event of a conflict between the terms ofthe Contract, as amended by Amendment No.1, Amendment No.2 and the terms of this Amendment No.3, the terms of this Amendment No.3 shall govern and prevail. [Remainder of page intentionally left blank] 2 Florida Highway Products, Inc. Annual Microsurfacing Contracts-Amd. No.3 10312006 IN WITNESS WHEREOF, the City and Contractor have executed this Amendment No. 3 as of the date and year written below. A2/~ City Clerk By: , 2006. F: \utilities\agreements\amend\fh-microsurf-amd3 .doc 410.04-00424NIl CITY ATTORNEY'S OFFICE Approved as to form andlegalsuffic~e\c~. By: t'\ \ \ /W' 2Jl^--' Date: l7 -'7 -4& FLORIDA HIGHWAY PRODUCTS, INC. :~/-;;;::4~ ft~~ Title: ?MI/)F~ Florida Highway Products, Inc. Annual Microsurfacing Contracts-Amd. No.3 103 12006 3 tV "0 'i: o LL. .cco (,)0 tV I CD~ mo I eM -0 :'0 _z I'C ~m 'to- 'C o CD ~'ii .- CD om CD o I ~ o I - C"') o o Z '0 m ..! ns Q) en ~ - c CD .5 II) ;:, :s- ee - c E 1:1 C CD E ee 1:1 CD II) o ~ o .. 0. C) C nI .c o CD (.) -t:. 0. 'g.... :ll- ftl'g l!! c: U CD c: E -< <f!. iiG! .5 U DI'C 'Co. o - -------- -----...... - .... I: CD E 'g I: DlCD (1)1:"" ~.- , u'; .a: c. 'gQ.CD CD"'Ul N :g=lt:..... CON___ _ a. r- ...- co ...- ...- N r- 0 co co N co e "'-C'>.!'"":C'>.!C'>.!...-C"i...-C":!r-C":!C'>.! Q. 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Department of Labor Bureau of Labor Statistics Bureau of Labor Statistics Data www.bls.gov ~ Advanced Search, A-Z Index BLS Home r Programs It Surveys , Get Detailed Statistics r Glossary , What.s New , Find It! In DOL Change Output Options: From: 1996 To: 2006 ~ o include graphs NEW! More Formatting Options... Data extracted on: September 21, 2006 (9:33:38 AM) Producer Price Index Industry Data Seri.es Id: PCUBHWY--BHWY-_ Industry: Highway and street construction Product: Highway and street construction Base Date: 8606 Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nay Dec Annual 1996 119.9 119.8 120.6 122.0 122.6 122.0 122.0 122.3 123.0 123.5 123.8 124.0 122.1 1997 124.6 124.7 124.2 124.3 124.5 124.4 124.2 124.9 125.0 124.9 124.9 124.3 124.6 1998 123.8 123.4 123.0 123.6 124.0 123.9 124.0 123.4 123.6 123..6 123.3 122.3 123.5 1999 122.8 122.6 123.3 125.4 125.9 126.0 126.9 128.1 129.0 128.8 129.6 130.7 126.6 2000 132.0 134.0 136.0 135.6 135.8 137.6 137.1 136.6 138.9 138.5 138.4 137.3 136.5 2001 137.8 138.2 137.4 138.5 139.9 138.8 136.6 137.0 138.4 135.4 134.1 132.4 137.0 2002 132.9 132.4 132.7 133.3 133.8 133.9 134.1 134.2 134.4 134.4 133.9 133.7 133.7 2003 134.7 135.7 136.8 137.1 137.0 136.9 136.7 136.9 136.8 136.7 137.1 137.2 136.6 2004 140.5 141.2 142.5 145.2 147.9 147.0 149.2 150.5 151.8 155.5 155.4 152.0 148.2 2005 154.3 156.5 160.4 162.9 162.4 163.7 167.6 170.0 176.1 180.8 173.1 173.4 166.8 2006 177.5 175.9 179.4 185.4 188.3 190.2 191.9 193.4 (P) (P) (P) (P) P : Preliminary. All indexes are subject to revision four months after original publication. FreauentlY Asked Ouestions J Freedom of Information A~ I Customer Survey Privacy It Security Statement , Unkina to Our Site , Accessibility u.s. Bureau of Labor Statistics Phone: (202) 691-5200 Postal Square Building Fax-an-demand: (202) 691-6325 2 M..,a,hu"",, A~., NE Data qU","on" bl"'_ -bls,.... Wa'h'ngton, DC 20212-0001 Technical (web) qu.""~,, ""''''--'.,go. Other comments: feedback@bls.aov http://data. bls.gov/PDO/servJet/~J Jrv"'..,{),,1'.....+C' ~.J _~_, _ Florida Highway Products, Inc. P.O. Box 928 · Bartow, FL 338' 3900 US Highway 17 N. · Bartow, FL 33&. (863) 533-7881 · FAX: (863) 533-4404 October 9,2006 Nora W. Lauderrnilk, CPPB Procurement Official City of West Palm Beach Purchasing 1045 Charlotte Ave. West Palm Beach, FL 33401 Re: Bid No 03/04-06 Annual Microsurfacing Dear Ms.Lauderrnilk: We would like to summit the following price adjustment for your consideration. This escalation is based on the Procedures Price index for Street and Highway Construction. Due to the rapidly escalating cost of raw material costs we have had to project this index for the remainder of the contract. We appreciate our long standing relationship with the City of West Palm Beach. Thank you for your thoughtful consideration of this escalation. Cry Truly Yours, -Id:~ /. P Robert H. Ma~ra President ajilUC LJHUHfS OCT 1 0 1006 f "NGlNEERING SERVlCF www.florldahlghway.com Emafl: Admin@AorldaHlghwav.net Small Business Division Tel. (561) 822-2100 Fax (561) 822-1275 Small Business Program Recommendation Report Instructions: Use this form when a companylfirm is being recommended for an award of contract, a change order, or a purchase order. Department Directors and/or their designees are responsible for the completion of Ihis form. Complete this form by filling-in the information requested in Sections I, and Section II (for contract award) or Sections II and III (for Change Order). Submit this form to the Small Business Division for approval. You can e-mail to Carolyn Paul-Haswell as attachment in Lotus Notes. User Departmenl Project Name Sealed Bid, RFQ, WA, or RequisitionNo. Recommended ContractorNendor Is Ihe recommended company a certified SB? Prepared By: SECTION II. Contract Award - Attach a Letter of Intent (Form SB 07) for each company listed below. SECTION I. General Information Engineering Services Annual Microsurfacing Contract - Amendment No. 3 SB 03/04-06 Florida Highway Products, Inc. No IDid any 58 bid this project? INo Robin Hewitt I Date: r 1111/2006 Total Contract Amount $1,000,000.00 Established 58 Goal 4 Ilf No Goal was e Awarded 58 Goal 4.00 sa Subcontractors SB Contract Amount Percent This contract will consist of work orders, $0.00 0.00 FHP will use Wynn & Son Environmental $0.00 0.00 for overall participation of 4%. $0.00 0.00 $0.00 0.00 Wynn & Son TBD 4.00 $0.00 0.00 $0.00 0.00 $0.00 0.00 $0.00 0.00 $0.00 0.00 Total Awarded SB Subcontract $0.00 4 stabliShed, check with an X SB Office Use Change Order Num. Previous Total Contract Amt. Change Order Amt. Revised Total Contract Amt. SECTION III. Change Order on Contracts - Attach copy of the Change Order I I SB Subcontractors SB Contract Amount Percent $0.00 #OIVlO! $0.00 #OIVIO! $0.00 #eIVlO! $0.00 #OIVIO! $0.00 #ONIO! $0.00 #OIVIO! $0.00 #DIVlO! $0.00 #O/VlO! $0.00 #DIVIO! $0.00 #OIVIO! Total Awarded SB Subcontract $0.00 #DIVlOI sa Office Use Form S8 08 OctOO RISK MANAGEMENT COMPLIANCE CERTIFICATE AND INSURANCE CERTIFICATES PROJECT NO. Various PROJECT: Annual Microsurfacina Contract-Amendment No.3 This is to certify that I have reviewed the required Insurance Certificate(s) submitted by the Contractor for the above Project, and find that the Contractor has furnished to the Owner such Certificate(s) of Insurance by companies acceptable to the Owner and the Engineer with regard to type and amount of coverage, as well as form of notice, as stipulated in the General Terms and Conditio7ns. ,';f , Ann-Marie Sharpe, Ris City of West Pal This -11- day of ,200*" ThiI CllI1iDc:do is ClUlCIIIed IUdl iasurmc:e as is a1JiIRIed daose BMOO6I Certifkate ofllllluruce ttific8lII is iaued . . JIIIIIIr of iIIbmIIIiaa CJIIIy aad aJdn IIlI riIbIs 1IJIOD}'OIl !he catificaID hoIcIer. This catificoIe is IIIlt .. -....- policy Ulll does - ....s. omad. or aIIer 1be.......... l.u :to:rtIfy tU::=~ addreslofIlISIIred). . t1t Lib~ FLORIDA HIGHWAY PRODucrs INC 3900USHWYI7N BARTOW, FL 33830 Mutual,.. is, at \be __ dailD ofdais CllIIifiale. ___ by \be CaaIply __lbepoliey(iea) IWaI beIcM. ThD -.-1IfIiInIDd by 1Ia1ille4 paIic)'(..) is IIIiject to oIl1lleir -. lIIIdIIIiIlas aad CC8IiIiaas .. [ isllllt ..... _ ClI' amdiIim of- CDIIIDClCll'odIIr~ wiIh -lD wbich dais catificoIe-lIe ...... . Exniration Tvoe EfI'JEm. Datell) Policy NIUllbert'I) Limits or LiabWtv Continuous. CoYenp afI'onled uder WC law of Employers :u.lJlity - t1ae followilll statls: BodDy Injury By Acddent - BxteDded x Policy Term Ead Acddent BodDy Injury By DlHue Polley LImIt Workers Compenaatlon BodDy Injury By DIIeue Ead Penon 01ll'0112OO6/08I0112OO7 11a1-121~16S~6 GenenI Agrepte-Otlaer tIwa Prod/Completed Operatlou GeDeralUabWty 52,000,000 Pl ~UC UTllmeS ProdDdllCompleted Operations Aggregate fi)~ I 51000000 BodDy ID,Inry and Property Damage UabIilty Per ~,,~ - 2 1006 51000000 Oecarrence I Retro Date I Peno.... and AdvertisiDg Injury Per PenOD I ENGIN EERING SEIMCES . tion OtIrer UabDity I OtIaer LlabDlty 01ll'O112006/ 0810 112007 ASI-121-0916S~16 EacIl Accident - Single Limit - B. L and P. D. Combined AutomobUe LlablUty SI 000,000 Eadl Penoa ~=... I Eadl Accident or Occurreuce X Hired Each Accident or Occurrence C .CANCELLA.TION CLAUSE OOES NOT APPLY TO NON.pAYMENT OF PREMIUM.. -- 0 - wi ADDmONAL INSURED WITH REGARD TO GBNER.AL UABlLlTY WHEN REQUIRED BY WRITEN CONTRAcr: TIlE CITY OF WEST PALM BEACH WITH M RESPECT TO won PERFORMED E N T S OIf\be c:atlficate expfttiaD cIoIe is ClIIIIiDuouI at exIIladed IllIID, you willie IIIltified if COWWlIF is IieIDIiIIIIecI at.......lle1in \be ~ expinIioa date. Howev.,)'lID willlIIlt lie IIllliIied aIIIIIWJy of tlJe -- oleo....... Special Notice _ Ohio: ADy ~ wIIo, willa iIIIeat to ddaud ar IaIowiD& Ibat be I. is &ciIitoIiq . bIId ...... ........ ....... .. oppIicatioa at 6IeI. cWm --.. filIse at decepIiYe_la pJiIty of___ bDd. ImporlIDI ;,,~ 10 flarida paIicyIIoIdas ODd catlficaIe boIdea: iD lbe _ you haw ..y........ at aeed ...........lIIIaat dais -aticD fOr aay -. pIeuc IDIIlIl:t yaur 1Dca1a1a)llOdaccr, wbDse_ aad ~ mmbor IppOIlD iD !be Iowa' left _ of1bis a:rtiicatL Tbc IppIIIIriaIc IDca1A1a o6e maiIiDi..... -.y _lie obIIIiDed by caIIiDtIlbia...... Nolic:eof-........ <-...,.uc.bIc.... .......ofdayl illlIIIIlled below). Bdixe!be ........apinliaaclde \be ClIIIIpIB)'WilI_ ceIIlZI at reduce !be-.....- dJnIed....\be obcm: po1iciel lIIIIi1 at !eat 30 dayl1IOIice oflUdl-- bu.... u.iIed 10: Office: TARRYTOWN. NY.roMM MKTS Phone: 914-332-9770 _~'JlL< -- Ccrtifkate Holder: SUSAN RYAN CITY OF WEST PALM BEACH Authorized Re.......entative ~ l:iNGINBERING SERVICES DEPT PO BOX 3506 WEST PALM BEACH, FL 33402-3506 Date Issued: fYl/'}J,/2006 Prepared By: DG Policy Number: Dale Entered: 5/2/2006 DATE (MMIOD'VVVYJ ACORDw .i!.. . PRODUCER Advanced Comp 2525 Drane Field Road, Lakeland, FL 33811 CERTIFICATE OF LIABILITY INSURANCE Ste. 3 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTlFICAlC DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BE' -''1, (863)646-3332 INSURERS AFFORDING COVERAGE NAIC #I INSlJ'lED 456 Florida Highway Products, Inc. 3900 U S Highway 17 North Bartow, FL 33831 INSURER A Bri INSURER B. INSURER C INSURER D INSURER E. er. Insurance Co an COVERAGES THE POlICIES OF ~SURANCE LISTED BELON HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POlICY PERIOD ~DICATED. NOTWITHSTANDING ANY RECUIREMENT. TERM OR CONDmON OF ANY CONTRACT OR OTHER DOCUMENTWITH RESPECT TO WHICH THIS CERTlFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BYTHE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITICJIlS OF SUCH POlICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID ClAIMS. INSR POLICY N..NBER P GEIIERAL UAIIIU1Y COMMERCiAl GENERAl UABlUTY ClAIMS MADE 0 OCCUR UIiITS ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS EACH OCCURRENCE $ $ ME[) EXP $ PERSONAL & I4CN IN.JJRY $ GENERAl AGGREGATE $ F'RODUCTS. COhlPIOP AGG $ COMBINED SINGLE liMIT lEa ecodenl) BODILY INJURY $ (P... person) ElODlL Y IN.JJRY f (P... acadenl) F'ROPERTY DAMAGE jP... acddent) AUTO ONl. Y . EA ACODENT CES OTHER THAN EA N:.C $ AUTO ONl. y' AGG S EACH OCCURRelCE AGGREGATE S $ S $ $ 500,000 $ 500,000 $ 500,000 LOC AUTOMOBILE UABIUTY ANY AUTO GARAGE LIABUTY ANY AUTO EXCESSIlNBRELLA UA8IUTY OCCUR n ClAIMS MADE A DEDUCTIBLE RETENTION $ WORKERSCOMP~nONAND EMPlOYERS' UASIUTY ANY PROPRIETORJPARTNER/EXEOJTIVE OFFICERlMEMBER EXCLUDED? ~~a~S~~~s.~~ OTtER 0830-29826 2/1/2006 2/1/2007 E.l EAOi ACCIDENT E.L DISEASE - SA EM"lOYEE E.l. DISEASE. POLICY LIMIT OESCRlPTION OF Of>B'ATIONSI LOCATIONS I VEHCLES I exa.USIONS ADIlED BY ENlORSaIENT' I SPECIAL PROVISIONS ~Kenzie fax' 561-805-6676 ~gineering Dept fax' 561-494-1116 CERllFICATE HOLDER CANCELLATION Ci ty o~ West Pal.m Beach Engineering Oepartment 1000 45th Street, Ste. 15 West Pa!.m Beach, FL 33407 SHDlLO AJot( OF TIE A80W DESCRIBED POUCES BE CANCELLED BEFORE TIE EXPlRATlOI DATE TlEREOF, TIE ISSUNG IIIISl.R;R WIll eN:IEAVDR TO MAlL ~ DAYS WRITTE" NOTICE TO TIE CERTIFICATE HOLDER NAMED TO TI-E LEFT. BUT FAllllU: TO DO SO SHAW IMPOSE NO DBUGATION OR llABlUTY OF IWf KINO UPON TIE 1NSl.RER. ITS AGEPoITS (1' RS>RESENTATIVES. AUTHORIZED REPRESENTATIVE rieJ.din Dicke Dl,:k~,. 1-=-~~JZ.R.-:..7 H fj-<--~/ @) ACORD CORPORATION 198 t ~CORD 25 (2001/08) ,~"jU':""ll USln.] F,".mlS BnS5 Pk..Js softlNare V'rvw.t FonnsBoss com, tmpresSIV8 Pubbshing 800-208-1977 . UL I . '::>1 . ':::l:1I1b 11 : c4HM NO. 149 P.10 CITY OF WEST PALM BEACH PAYMENT AND PERFORMANCE BOND FRONT PAGE This Is thefront page of the performance/payment bond issued in compliance with Florida Statute Chapter 255.05 Surety Name: WESIrnFSIER F.IRE 1NSURAla aM>ANY 436 WAlNUT S1REEI' ffiII.ADEI.HrrA, PA. 191(1) Bond Number: KO 75 14 03 7 Contractor Name: Florida Highway Products, Inc. 3900 US Highway 17 North Bartow, Fl. 33831 Owner Name: City of West Palm Beach 200 2nd Street West PaImBeach, Pl. 33402 Project Number: Various Project Description: Annual Microsurfacing Contract Project Address: Various Locations, within the City of West Palm Beach. Legal Description of Property: This is thefl'01Jt page of the bond. All other pages are subsequent regardless of the pre-printed !lUDlbers. InID '00. KG 75 14 03 7 PERFORMANCE BOND (This Bond meets and exceeds the requirements of Florida Statutes Section 255.05) STATE OF FLORIDA COUNTY OF } } SS: KNOW ALL MEN BY THESE PRESENTS that we, FlffiIDA HrCHlAY PROJ::lCrS, INC. 39X) US HIrnwAY 17 rmm BAR:ICM FL. 33831 as Principal hereinafter called the Contractor, and WESIQIEST.ER FIRE :INSllRAOCE CIM'ANY as Surety, are held and firmly bound unto the City of West Palm Beach, Florida, as obligee, (hereinafter called the City), in the Penal sum of FUJR HUNOOED 'lHlEAND 00/100 Dollars, ($ 4OO.(xx).OO ) for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS, the Contractor, on the /3 day of IL{;-v , 200~, entered into a certain contract with the City, hereto attached, which Contract is made a part hereof by reference thereto. NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Contractor shall well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of said Contract, and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby waived, then this obligation shall be void; otherwise to remain in full force and effect. WHENEVER the Principal is declared by the City to be in default under the Contract, or whenever the Contract has been terminated by default of the Contractor, the City having performed the City's obligations thereunder, the Surety shall: 1. Complete the Contract in accordance with its terms and conditions, or at the City's sole option. 2. Obtain a Bid or Bids for submission to the City for completing the Contract in accordance with its terms and conditions, and upon determination by the City and the Surety of the lowest responsible Bidder, arrange for a Contract between such Bidder and the City, and make available as work progresses (even though there should be default or a succession of defaults under the Contract or Contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the Contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the Contract price" as used in this paragraph, shall mean the total amount payable by the City to the Contractor under the Contract and any amendments thereto, less the amount properly paid by the City to the Contractor. Perfonnance Bond Page 1 of3 No right of action shall accrue on this bond to or for the use of any person or corporation other than the City named herein or the successors or assignees thereof. The Surety shall and does hereby agree to indemnify the City and hold it harmless of, from and against any and all liability, loss, cost, damage or expense, including reasonable attorneys' fees, engineering and architectural fees or other professional services which the City may incur or which may accrue or be imposed upon it by reason of any negligence, default, act and/or omission on the part of the Contractor, any Subcontractor and Contractor's or subcontractor's agents, servants and/or employees, in, about or on account of the construction of the work and performance of said Contract by the Contractor. The Surety expressly agrees to be bound by all terms and conditions relating to liquidated, delay and time or impact related damages, and is responsible for any and all warranty obligations or damages as a result of latent defects or deficiencies in the work performed under the Contract Documents incorporated herein or as provided for by Florida law. The Surety waives all rights against the City and any of its agents and employees for damages or other causes of loss by the Surety's performance of its obligations under the performance bond, including claims by the Surety against the City for costs it asserts were not warranted by these Contract Documents and excluding only such rights as the Surety shall have to proceeds of such insurance held by the City as fiduciary. This waiver of subrogation shall be effective as to a person of entity even though that person or entity would otherwise have a duty of indemnification, contractual or otherwise, did not pay the bond premium directly or indirectly, and whether or not the person or entity had an insurable or suretyship interest in the property allegedly damaged. This bond shall remain in full force and effect for such period or periods of time after the date of acceptance of the project by the City as are provided for in the Contract Documents, and the Contractor hereby guarantees to repair or replace for the said periods aU work performed and materials and equipment furnished, which were not performed or furnished according to the terms of the Contract Documents. Ifno specific periods of warranty are stated in the Contract Documents for any particular item of work, material or equipment, the Contractor hereby guarantees the same for a minimum period offive (5) years from the date offinal acceptance by the City of the entire project. Any suit on this bond must be instituted within such period or periods as may be provided by law. Performance Bond Page 2 of 3 IN WITNESS WHEREOF, the above bounden parties have caused this Bond to be executed by their appropriate officials on the 1'1 day of OOVFMBER ' 200~. ATTEST: ~ )n nrI secret~ Countersigned By Resident Florida Agent Or Surety (Attach Copy of Agent's current License as issued by State of Florida Insurance Commissioner) PRINCIP AL: Florida Highway Products, Inc. ! tI L/l.-f,' _/ . . (Affix Seal) Signature of Authorized Officer ......-j , / !.-.E:;;- J~~A- -F/- . .It- ~__.~.- /- I Title 3<xX> US HIGfMAY 17 f{RlH Business Address BARI(X.l. FL. 33831 City State SURETY: llBURAI'l:E CIWANY Fact A'fI(ENEY ill FACT 416 WAf NlIT ~FF.T' Business Address Hill.ADElHITA. PA. 191ffi City State Name of Local Insurance Agency Perfonnance Bond (Affix Seal) Page 3 of 3 ACKNOWLEDGMENT OF PRINCIPAL IF A CORPORATION STATE OF rt-~'fL-, ?A } ss}: COUNTY OF fl J-' L-it:.u On this t (7.--. day of !J"'?&.,cA-I'n..~ before me personally came jlc1J~-L:I /J. H~ot/Z-t) to me known, who being by duly sword did depose and say that he/she resides at l?P,::? M ~F/G~o ,f-vE lv',1~;r:-"I- p-~ F-z-~ n;l4- 32--76- C, and that he/she is the J)~ .!~^-,-- of "F'7__en_-. .~ .l.f-z.4.~ /,1Lp~ /!-"L. the corporation described in and which executed the foregoing instrumenU that he/she knows the seal of said corporation; that one of the seals affixed to said instruments such seal, that it was so affixed by order of the directors of said corporation, and that he signed his name thereto by like order. ~J.BE"" 'I ,d/ /7 '7 :' f. =:'~l ~~~~ypf{LJc8/~~L i \W .......-...... \R~ A MENT O,!PRINCIPAL IF A PARTNERSHIP STATE OF COUNTY OF lss.: On this day of ,before me personally appeared to me known and known to me to be one of the members of the firm of described in and who executed the foregoing instrument and he acknowledged to me that he executed the same and or the act and deed of said firm. NOTARY PUBLIC ACKNOWLEDGMENT OF PRINCIPAL IF AN INDIVIDUAL STATE OF COUNTY OF lss.: . On this day of ,before me personally appeared to me known and known to be to be the person described in and who executed the foregoing instrument and acknowledged that he/she executed the same. NOTARY PUBLIC STATE OF COUNTY OF ACKNOWLEDGEMENT OF SURETY New York} Nassau } sS.: On NOVEMBER 13, 2006 before me personally came DIANA P. ALESCI to me known who, being by me duly sworn, did depose and say that he/she resides at 255 Executive Drive Plainview, New York 11803, that he/she is the Attorney in Fact of WESTCHESTER FIRE INSURANCE COMPANY the corporation described in and which executed the foregoing instrument; and that he/she signed his/her name thereto by order of the Board of Directors of said corporation. ROSANNE CALLAHAN NOTARY PUBLIC STATE OF NEW YORK NO. 01 CA602444 QUALIFIED IN SUFFOLK COUNTx COMMISSION iXPIR@$ MAY 10 -~..!!..7 ./} ... 1/1 Il.-~"y\'<-- (--lP.t!}r.~v NOTARY PUBLIC .Power of . Attorney 277252 WESTCHESTER FIRE INSURANCE COMPANY I. ll73 Know aU men by these presents: That WESTCHESTER FIRE INSURANCE COMPANY, a corporation of the State of New York. having its prirn:ipal office in the City of Atlanta, Georgia. pursuant to the following Resolution. adopted by the Board of Directors of the said Company on November 8, 199',. wit: .RESOL VED. th.. the followiDg Rules sh.1I govem the executioo for the Company ofboods, uodcrtokings. rccognizaDces. con....... ond olber writings in Ibe nature Ih<:reof. (I) That the PresidcDl. ony Senior Vice: President, ony Vice President. ond MsistaB. Vicc President. or any AllOfDey-in-FacI, mil)! exCCUlC>fored 011 bcholf oflbe Company ouy ond 011 bonds. uodcrulo:ings. rccognlZ.llnccs. eontnlCllaDd other wrilings in Ibe nature Ibcn:of. lhc same to be lIIIestcd wh""lICCClIAIY by lhc CorponIIe Sccrdary. ... OIly AAislmtt C\lIJl'lII'* S~,""" Ibe scoI of Ibe Company .mud tba'cto;and Iballbe Presidcm. ony SelI;or Vice President. any Vice President ... allY Assi_ Vice Pn:sidcDl mll)' _in'.ODd authorize any other off'lCcr (elected or _ia,ed) of Ibe Company. as Attorney,-ln.Faa to 50 e,ecute or altesl 10 lbe execution of 011 StlCb writings on bcholf of Ibe Company ..d '0 offi. the seal of the Company Ibereto. (2) Any sucb writing execu.ed.in accordancc.wi1b Ibcsc Rules shall be OS binding upoo the Company in any case as though siped by the Prcoidcnt ODd _cd to by the Corporate Sc:acwy. (3) The ,ign.ture of the Prc:sident. or a Senior VicePrc:s_t. or . Vice President. or all Assi.....' Viee President ODd the seal ofthc: Company mll)' be .<<",cd byfaesimilc on any power of attorney gran,ed punu",,1 to Ibis Resolution. ODd \he siglllltU1C of . certifying Officer and the seal of the Company may be .m.ed by facsimile 10 any ccrtifi_ of my such power. ond any sucb power or ccrtifKate bearing sucb facsimile signature and ~ sbaII be valid ODd bindiDg on lhcCompany. (4) Such otbcr 01f1CCR of Ibe CompallY. and Attomcys-ln-FIICl ,bolt have lWthority to certifY or verify copies of this Resoluti.... the By-L.ws of the Company, and my affidavil nr record oftbe Comp..y necessary '0 Ibe discborge of Ibeir duties. (5) The. passllge of Ibis Rcsnlution docs DOl KVoke any earlier outbority gtmrtcd by Resolutions of Ibe Boord of Di<cc.ors.. Does hereby nominate, constitute and appoint DIANA P. ALESCI, MARYLOU BROWN, ROSANNE CALLAHAN, ROBERT FINNELL, PETER HENRY andRlCHARD K. KAINZall ofth6 City of Plain view, State of New York, each individually if there be more than one named, its tnIe and Iawfulanomey-in-fact, to make; execute, seal and deliver 00 Its behalf, and as its act and deed any and all bonds. undertakings. recognizances, contracts and other writings in the nature thereof in penalties not exceeding Five MiIliOl'l DQ.llars (S5.oo0,000) and the execution of such writings in purs~ceof these presents shall be as binding upon said Company, as fully and amply as if they had beeD duly executed and ackowledged by the regularly elected officers of the Company at its principal office. . IN WITNESS WHEREOF, the saidStephei1 M. Haney. Vice-President, has hereuntO subscribedbisname and affixed the corporate seal of the said WESTCHESTER FIRE INSURANCE COMPANY this t 5th day ofSeptembci2006 . WE~CHESTER FIREINSURANCE COMPANY Jy,~ \'Y\J~ StephenM:Haney, Vice President COMMONWEALTH OF PENNSYLVANIA COUNTY OF PHILAPE~HIA 55, .. . . . . . .. .. . ..... On this 15~ day ofSeptembei' , 1\.0; 2006 ,bef(lreme. a Notary Public of tlle <::c)JIl1119pWealtb. ofPennsylvaIiiain and for the County of Philllde\' camcStephefi M.Haney .Vice~Presidei1t of the Wi!:S1'CIfESTEk ...REINSUR.,\NCECQMPANY t9 me pCrSOtlally known to be the individual and officer who cxeclltedtheprecedjng instJUID!lI1t~ andhellCiWow1edgc4 thai he~x~te4 tb~ SllIne, an4U#t 1be sC!ll iit'Jix~ to the preceding instl}UnCllt is the corporate seal.of sail! Company; ~t.tJ!e sa!d t:ol'J'O'lll~~1 andhissignaiDre'w~ ~ly affixcc.l bylbe aut)lorityand direction of tbe said cOf1lOration, and that R$Jlution, adopted by theBOatd~fDlrellto~ frf saidComrany, referred to in the preC!:!ilng~strWnent, is now in force. IN TESTIMONy WHEREOF, lhavc hereunto set myliand and affixedQlY official!iCa1 attbe Cit)'ofPhil~~lphia the day and year lif'llt above writteJ ,_.,IH"~f"~~ ".' I....~~.*~. . ""'" .....:: :. ,..,;..'-...:.......~h.'.:.::'.D......'/~.,. :'. .. -~.\'\ '-~: .:,:-~..-: ~ ';. ~,. ~~.....:..;:.!.:v~i-..\2. "~...'... " ", ." .V.l'.~ ... . .-, .(. ...., ....... . ,~:. ,:~:o:r-}:.::::..,: 5\~i ;.... .'.% "...._.. ..14. ..... . >. ...."_. ". . . e '~;',..O ;;, (1)1 - :::. . \0.. '.' o. . """.' ^" .~ ".. :.. .. ..~ ..,. . ._~/ ~..~ .~~ Ji''';lfJ'. ..,' ~;'ft ::....... \:.y./.........O.. '. ~ _.~::~...... $..... "'[;I.' .v . ..-_. ~ ... P'\>i.........~v,~ --7 . "',...... ~II!~ '.~ ,;:..\,,\~ JIIotary Public . (,the unclersi~S<7rc:tar)'OfWEST9II!:S1ER FIRE I!",SURANC,ECOMJ>N'/Y ,4Chereby certifytbat the original POWER OF A ITORNEY, of which theforegl)ing is asubstantiltllytI1Icand correct copy, is in1\dlforceaJl~effect... . . .. . 10 witness \Vhereof, I have hereunto subscrib!:!i InY name.~ SeCretary, anl.\affued tbecorporate sealef the COl])Oration, this -13- day of K>Vfl1BfR . ~ . '''-.~:- .. . .- .:.; ...... ~ ....11\ _ . \t!~,~~~4'I:)J-;]j&pr" .~... ......~~.c.'.... George D. Mulligan, Secretary THIS POWER OF A ITORNEY MA YNOT BE USED TO EXECUTE ANY BOND WITH AN INCEPTION DATE AFrERSeptember J 5,2008 . . THE BACK OF THIS DOCUMENT LISTS VARIOUS SFCIIRITV ""4T1IR"" - TUA'T" '.1111 nn_~"""".'-''' .......... .........-. .--. .~._----- .- WESTCHESTER FIRE INSURANCE COMPANY FINANCIAL STATEMENT ADMITTED ASSET~ DECEMBER 31,2005 BONDS SHORT. TERM INVESTMENTS STOCKS REAL ESTATE CASH ON HAND AND IN BANK PREMIUM IN COURSE OF COLLECTION* INTEREST ACCRUED OTHER ASSETS TOTAl ASSETS $1.655,482,596 93,489,235 118,946,855 o 275.ns 123.588,897 17,757,019 233,090,132 $2,242,630,509 UABlLITIES RESERVE FOR UNEARNED PREMIUMS RESERVE FOR LOSSES RESERVE FOR TAXES FUNDS HElD UNDER REINSURANCE TREATIES OrnER lIABlUT/ES TOTAL UABIUTlES $427.660,175 1,297,014,793 23,819.231 o (45.884.056) 1.702,610.143 CAPITAL: SPECiAl SURPLUS CAPITAL: 928,592 SHAReS, $4.85 PAR VAlUE CAPITAL: PAID IN SURPlUS (UNASSIGNED) SURPLUS TO POlICYHOlDERS TOTAL 213,300,000 4,503,671 160,938.389 161,278,306 540.020.366 $2.242.630,509 (*EXCLUDES PREMIUM MORE TIiAN 90 DAYS DUE.) STATE OF PENNSYLVANIA COUNTY OF PHILADELPHIA John P. Taylor, being duly sworn, says that he is Vice President of.. Westchester Fire Insurance Company and that to the best of his knowledge and belief the foregoing is a true and correct statement of the said Company's financial condition as of the 31 sf day t:A December. 2005. S'Nom before me this 13th dayot Apnl, 2006. {ff!hA'p< ';;>~9 My commission . ~EAlTH OF PENNSYLVANIA ~SeaI 0IneIe M. D81den, Nota.y Public City 0/ P/iadeIphia, ~ ea...ty My~ EllpiresQ:t 21, 2009 Idtmbet. P.nnsylvania Associalio" 0' NOlaries o 15 . ie . 5.i:'., NO SCALE 22 27 ! i r " ./' 34 I i ...} LEGEND ~ ::-",:t{ ~:' (:;:;{,~ (';f} 5;~J }i~ {) ,;>:) :'~'L';i ",:7(,\''./ IBll ,;WOO flOAf) CONWnON all F;o.~!R f;'tOAO CCND1HON c:::J BOYNTON CITY UMITS :'" 00' E'EC'Pi)!\i (1,.?/t' ".iUAWEi., IMPROVEMENT SCHEDULES ROADS TO BE RECONDmONED IN lOOT TOTAL SQUARE YARDS. * - * COST ESnMATES: TOTAL SQUARE YARDSAPPROX. MICROSURFACE COST ASPHAL T OVERLA YB COST 100,483 $335,983 $5()2,418 CITY OF BOYNTON BEACH PUBLIC WORKS DEPARTMENT / ENGINEERING DIVISION ROAD RECONDITIONING MAP CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORh. VI.-CONSENT AGENDA ITEM B.2. Requested City Commission Meeting Dates o December 5, 2006 o January 2, 2007 o January 16,2007 o February 13,2007 Date Final Form Must be Turned In to City Clerk's Office November 20,2006 (Noon.) Requested City Commission Meeting Dates Date Final Form Must be Turned in to City Clerk's Office January 22, 2007 o o March 5,2007 o March 20, 2007 o April 3, 2007 February 12,2007 (Noon) December 18, 2006 (Noon) January 2, 2007 (Noon) March 5,2007 (Noon) March 19,2007 (Noon) 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 o Legal o Unfinished Business o RECOMMENDATION: Motion to approve a proposal for work under Master Contract with Vila & Son in the amount of $79,927.50 for installation of landscaping for the Southeast Neighborhood Park. EXPLANATION: Vila & Son is under annual contract approved by the City Commission on September 7,2004. As part of the FY 06-07 Capital Improvement Program (CIP), the City plans to construct the Southeast Neighborhood Park. This park is located on S. E. 2nd St. south of S. E. 27th Court and used to be a mango farm. The mango farm owner approached the City with the offer to sell the City one half of the farm, or 2.3 acres. The property was purchased and the design was developed through a series of meetings with the surrounding neighbors. The park will consist of a picnic shelter, picnic areas, a junior basketbaIl court, a full size basketball court, play equipment, walking trail, small parking area, landscaping and irrigation. Vila & Son will provide the installation of the landscaping of the park. PROGRAM IMP ACT: The park will not require programmatic staff. Existing park staff wiIl maintain the park so that the cost of maintenance will be minimal. The development of the park will be an enhancement for the surrounding neighborhood which currently has no access to a neighborhood park. FISCAL IMP ACT: The CIP includes funding in the amount of $680,000 for development of the park in account number 302-4298-580-63-05. The cost of the work to be performed by Vila & Son will be $79,927.50. Additional costs wiIl include: Whiteside 418,442.50 (Site work - approved by City Commission on December 5, 2006) Davco 51,659.00 (Electrical - approved by the City Commission on January 2, 2007) Utilities 1,375.00 Play Equipment 56,103.00 (approved by the City Commission on January 2, 2007) Pavilion 19,549.00 Furniture 18,008.00 for a grand total of $ $645,064. The remaining $34,936 wiIl be used as contingen,c Department Name ALTERNATIVES: Not to build the park. / ~ ---------- A:)epartment HeacrsSignature Recreation and Parks S\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM DOC ~-r::,?"" .' \ . . w\ \ IX 0' ;... dJ ;'\"". . .,i~' <:; ~>/~ TON ~ CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Department Head's SignatureL City Manager's Signature Assistant to City Manager Recreation and Parks Department Name City Attorney / Finance S:\BULLETfN\FORMS\AGENDA ITEM REQUEST FORM DOC 1 RESOLUTION NO. R07- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, APPROVING AND AUTHORIZING 5 EXECUTION OF A PROPOSAL FOR WORK UNDER 6 MASTER CONTRACT WITH VILA & SON FOR 7 INSTALLATION OF LANDSCAPING FOR THE 8 SOUTHEAST NEIGHBORHOOD PARK IN THE 9 AMOUNT OF $80,252.50; AND PROVIDING AN 10 EFFECTIVE DATE. 11 12 13 WHEREAS, Vila & Son is under annual contract approved by the City Commission 14 on September 7,2004; and 15 WHEREAS, The City plans to construct the Southeast Neighborhood Park which will 16 consist of a picnic shelter, picnic areas, a junior basketball court, a full size basketball court, 17 play equipment, walking trail, small parking area, landscaping and irrigation; and 18 WHEREAS, the City Commission of the City of Boynton Beach upon 19 recommendation of staff, deems it to be in the best interest of the citizens of the City of 20 Boynton Beach to approve and authorize the execution of the proposal with Vila & Son for 21 installation oflandscaping for the Southeast Neighborhood Park in the amount of $80,252.50. 22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 23 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 24 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 25 being true and correct and are hereby made a specific part of this Resolution upon adoption 26 hereof. 27 Section 2. The City Commission of the City of Boynton Beach, Florida does 28 hereby approve and authorize the execution of the proposal with Vila & Son for installation of 29 landscaping for the Southeast Neighborhood Park in the amount of $80,252.50, a copy of S:ICAIRESOlAgreementslTask - Change OrderslVila & Son (SE Neighborhood Park).doc which is attached hereto as Exhibit "A". 2 Section 3. This Resolution shall become effective immediately upon passage. 3 PASSED AND ADOPTED this _ day of February, 2007. 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 ATTEST: City Clerk (Corporate Seal) CITY OF BOYNTON BEACH, FLORIDA Mayor ~ Jerry Taylor Vice Mayor - Jose Rodriguez Commissioner - Ronald Weiland Commissioner - Mack McCray Commissioner - Carl McKoy S:\CAIRESOlAgreementsITask - Change Orders\Vlla & Son (SE Neighborhood Park).doc PROPOSAL JOB#385 PAGE I OF2 VILA & SON TO: CITY OF BOYNTON PARKS DEPT. ATTN. JUDY RIVERS FROM: DAVID VINCENT RE: SE NEIGHBORHOOD PARK PER CITY OF BOYNTON BEACH Annual Contract For Landscape Maintenance Bid #079-2730-04/CJD PLEASE ACCEPT OUR PROPOSAL FOR THE FOLLOWING SERVICES: ITEM QUANTITY DESCRIPTION UNIT PRICE TOTAL #2043 II LIVE OAK 4'CAL 18'OA $1100.00 $12,100.00 100GAL-6'CT #2069 II PIGEON PLUM 2' CAL 10'OA $145.00 $ 1595.00 30 GAL-9'-10' #2044 II GUMBO LIMBO $256.00 $2816.00 3.5 CAL 180A 5.5 SPD #211 7 143 ILEX 3-GAL-8"HT-8"SPD $9.50 $1,358.50 #2134- 54 (ASSAP)W AX MERTLE 3-GAL $12.00 $648.00 18"HT -15"SPD - #2134- 108 (ASSAP)WILD COFFEE 3-GAL $12.00 $1296.00 18"HT -15"SPD #2134- III (ASSAP)COONTIE 3-GAL $12.00 $1332.00 I 8"HT-l5"SPD #2134- 28 (ASSAP)SIMPSON STOPPER 3-GAL $12.00 $336.00 18"HT-15"SPD PAGE20F2 VILA ~~ sOt ITEM QUANTITY DESCRIPTION UNIT PRI CE TOTAL #2134- 308 (ASSAP)FISHT AIL FERN 3-GAL $12.00 $3696.00 18"HT -15"SPD #2092 70 3 Vertical Staking $21.00 $1470.00 #2058 90,000 St Augustine(FLORA T AM SOD) $0.32 $28,800.00 #2152 640yd Back Fill 50/50 $27.00yd $17,280.00 #2155 3000 2 Cf mulch (Melaleuca) Bag $2.40 $7200.00 TOTAL 79.927.50 IRRIGATION IS NOT INCLUDED WITH THIS PROJECT ALL PLANTS AND TREES INSTALLED BY THE CONTRACTOR RECEIVE A ONE YEAR LIMITED WARRANTY Acceptance: DAVID VINCENT: VILA-N-SON 1930 D RD LOXAHATCHEE, FL 33470 OFFICE 561-795-3070 FAX 561-795-3879 CELL 561-248-3904 t, "7.. I, ' ... I'.,.. ~..u~~.. . mn, :wn~ mill Gal: i. m:mmun .~ ~ lIfIE - - 'd' . . . . \ " ,. ..." , , ~. .' .. 4::., . . .' .... . . . . .' - , ' . . :.LAND.SCAPE 'INSTALLATION.. ___no - ...-----r-- .: ,_ " . ......-;--- . . . . '.' .SCHED'ULEOF,PRICES' .. . ~~~a>.D/~4r ... .. .... 'I ITEM # ITEM DESCRIPTION ......... ,.".'" 2001 DENSE CANOPY, (8& B, 8"W,12"O) 2002 DENSE CANopy,l B& B, 8"W,12'O) 2003 CANOPY, (8& B, 8"f",12'O) I 4' (;Al, MAX, 14 UP" ~m (',40A, IKlI'l.I::IKUN~,OENSE ,,'0 V,,^ '0 """,' _~" IU 2004 BASE fGM.'"." " ,. ., FULL TO 2005 EDGE OF POT MIN. 2006 BlACK OUYE (BUCDA BUCERS) 3,0' CAL 16' OA, X 5,0' SPR.,8'C,T,32' OIA, ROOTBAU. 8& B 1,5. CAL. 1~' OA, X 0.0' Sf'R"G,Ou,I.JO' UlI\, 2007 B .,10' HT: X 15. SPR, FULL ,NO . . 2008 EVEN FOUAGE 2009 BOOTS (B&Il, 10' W,18'O) > 11'M:;10'C,T., "",,-,13'C,T. '.....', lKlM,NU 2010 BOOTS (B&Il, 10' W,18"O) . ""L-, 10";./.,DI:NliI:: VNIUr- . l>Crvru: TRIM, NU 2011 BOOTS.(B&Il, 10' W,18.0) ~l.:i~ 2012 BOOTS (6&8, 10'W,18.0) '. .'~' IUt II ""'-.,MM lO'C.T,,DENSE ........ur- 'l>Cruru: fRIM, 2013 NO BOOTS(B&Il, 10'W,18.0) ""'-, MM 13'1,;,]. rRIM, IV/, II ""'-,,10 v, " ,",M, NO 2014 NO BOOTS (B&B,10'W,18"O) , CAL., MAA 10'1,;. ., 2015 NO BOOTS (B&B, 11r W,1~'O) 2016 NO BOOTS (B&B,10'W,18"O)' > 1 . CAL, MAX 18'C.T., , ~'C,T: . 14'OA 2017 (B&B 8"W,12"0) . "",-,14'OP"llEtlSE ........ur- ,I""""o'n, 2018 12"0) 2019 18.0) 2020 18.0) 2021 ROOTBAl.l. 6&B '"",-,W OA, ......,,'~ .......we ,ICODI'U''', '"",-,l~'QP" .ltlllll) 1U'YV, .\ ~ V\L" ,. , " b'C,I.,lG' lll!\, """,, '" ,,0 v. ,,0< LN\. 2022 ROOTBALL 6&8 2023 CRINUM UL Y (CRIHUM ASIA nCURM) 7 GAL 30"0A .,LERIO OR SETTER FULL EVEN FOUAGE .'. ' ~~" ' U u". ^ L,' """,' 4' C,T.. 20' DlA, ROOTBALL 2024 B&B' 2025 rNiAAF YAUPON HOLL ypLEX VOMITORlA) 3 GAl,16"OA X 16:' SPR.fUlL FOUAGE . 2026 rNiAAF CARlSSA(CARJSSA MACROCARPA) 3 GAL 14 X 14 SPRo,FULL FOUAGE ,'0 V"^0.u"",,,,,G.U'\';.I..,36"0IA 20'lT ROOTBALL 6&8 . "'IlL" '" ., 2028 POT . 2029 FAKAHATCHEEaRASS (TRIPSACUM OACTYUOOES) 3 GAl WELL ROOTED 18. HT MlN , S'OA. X~' SPH.. V"..~~ , nu", 15 GIlL.. 2030 CONTAINER 2031 12"0) 2032 12"0) ""''''0' CAL.,MIN. 1LUA, '" "I IU ""'-,MI..., 10'OP" Dl:N::it VNIUr- ,ICOD.O'n'}\ UNIT PRICE TO _ SUPPLY & INSTAlL EACH ITEM COMPLETELY 2-5D.Ii-.e )..'t 3 .~ J s-c, - 7. ~ 1. l';, J.. '7 f'. "; ? ']0 ,... I KIM, {3. - t 1..~. - ( 2. 'S".- t2S.- 11.S:- (lC;- /2.S"- /2..r-- /LI) 2S1>- zt:tr- 329- S'S- 2-5"{'. ~ 371-. ~ Ze.- l'fo ~ Cf.- q, - L{l<{- Z.~ r. ~ ( \ 2...- St.\. - 318.- ITEM UNIT QUANTITY X5 X5 X5 X 25 X 100 X5 X5 X5 X5 X5 X5 X2 X5 X5 X5 X5 X5 X5 X5 X5 X20 X 10 X5 X 2 x10 x 10 x2 X50 x 10 X10 X 10 X10 TOTAL PRICE ( L 5"0 - li.(~~- 11 ~o - l'1r- 2.10- /J7)- I b 5'0 - bS" - b z..r- .~ 1Y- bL~- 2- sc:> - 62~- b 2.S' - , h z.s- - b2~ - , 2.S'C - 1\l7r- I b\f 5'- ffzS- ~t l.J:; , S 7KO.- f<..fo- 2go- (je- qs - K4P- rY 2. ~ g):-' lI1.o - )1) ((0 - '3 7 ic - SUB TOTAL PAGE ONE ONLY 37/ '3"'5'". ~ I I I UNIT PRICE ONLY FOR LABOR TO INSTALL EACH ITEM PROVIDED BY CITY ~ B. '1 Ill. i'r I 2.. 't 'ill'I' '3 1'1 I , 2..,;! ;It>. ~ /1'f I bj It 1:>.1 ~0. ill. ~D. er~ bo. q.! 60. 'il b o. 91 bOo cr.! 60. 'il ~Oj qz. q~. 11 Ii /. lj 12..1. ~ /32... b] ql.{. I] / 1ft:,. 5.:! q,~ 57. !J. 3. ,...? 3. >] {IT. ~z.. . z;2. I. - 3.lj L{ f. !! /D1. <{'I 11'. ~ 2., z..~s-.'i! Ii, .:. f .~' ~:~ .. GREEN 2034 ROOTBALL B&B 2035 ROOTBAU. B&B 2036 BASE ITEM DESCRIPTION "J . OA :;7SPR, ~ 1,0' (;AL.. , n; I , 36"DIA, r, , . W'oL" '. 6,5'C,T..3b" DIA -, '. l4' M I To. 10'" 2037 IXORA'PETITE' REO TArNAN r::fNARF 3 GAL 12" HT X 15' SPR,. FUll. EVEN FOLIAGE '~/l,O'CAl., IV u" ^ '" ""'''"lll" lJIA. 2038 ROOTBAll B&B 2039 KOPSIA (OCHROSIA EUP11CAL) 1,r1' CAL.. 8' OA X 21. SPR.. 3,0' C.T, .16' CIA ROOTBAU. B&B ,.'. . 6'C.T, .'" 2040 B&B 0,"- W'oL ..6' O.A,.X 2:). SPR.. 3'C.T... 16' D1A.. ........ ,.12' O.A. X 4,0' SPR" 5'C,T... 26' DlA.. 2041 ROOTBAl.l. B&B 2042 ROOTBAl.l. B&B 4.CAL. ^ U ""'.. 6,5'C,T, ..3ti ( 2043 CIA .ROOTBAll B&B . 2044 CIA. ROOTBAu. fI&B 2045' ROOTBAI.l. B&8 2046 CANOPY (B&B 8W,l2"D) 2047 CIA. ROOTBAll B&B .'......... .....n.. 5.0' C,T.. 24' . . V1\L.. 16' OA, X ~,O'st'K... 6,0 C.T.. 4U" DIA, , .. un, &1H{';L.t: RUNK,OEN&e ...O,l1l,;.I...lO' . .1.l/"l.iI\L... U"A,' .....n..J,l1l,;, , ""-. ~". . 6'C,T., ;al-lJIA. . .u un ^ ",. """', 4'C,T.. 24. DIA. W'oL.. llTCT 2048 ,,16' CIA. ROOTBALL B&B --,- 2049 ROOTBAll.'B&B 2050 ROOTBAll. B&B 2051 B&B 10'W X 18'0 KCIJ 2052 BASE .. .. ruLU\''': I U ~,M/N,. ,l,;UNUt: .ll:l6l:l.1U' YV. 2053 18"ll)" 2054 18'0) . ~.. M1N,. Ie f.j,YY,.LJl:I'I~ CONOPY. \""'" .IU ". 2055 C,T. .32" DIA ROOTBAU.. B&B 2056 DIA ROOTBAU. B&8 ..0' .V "",-,b'UA.XWSPR..2.11l,;,1..1b- 2057 5PlDERLA.Y(HYMENOCAWSLATlFOUA)3 GAL M1N 15m FUll.GQGE TO POT llil. . -wrvunm ,. l . 2058 ( PER 50, FT.) 2059 THATCH PAlM (THRINAX RAWoTA) 3' CAl,,MIN 14' OA. DENSE CANOPY , (B&B 8' W,12"D) 2060 THATCH pALM (THRlNAXRADiATA)3"CAL.,MIN 16' OA. DENSE CANOPY. (B&B 10'W, 18'0) 12"OA)\ 10" st'K 2061 FUll EVEN FOLIAGE TO BASE / UNIT PRICE ONLY TO SUPPLY & INSTALL EACH ITEM ITEM UNIT COMPLETELY QUANTITY r.~ .2 3b.O~ 31Q, - tb.- ~.- 21~.- l~o- q2P~ \fb b - rS-o- (llie- ;LSb . - '5"1 ( ,.. ~I i- ~Iq - Ilo- 2- Jo - ,y~ "fo- 1- 7..000,- z-'-l&O- lbtl.- 10- q,~ , 3'2. ljqr'" ~oo- 8-. S! x5 X-S X5 X5 x 50 X5 X5 X5 X5 X5 X5 X5 X5 X5 X5 X5 X5 . X5 . X5 XSO X5 X5 X5 X20 X 100 X 1000 . X5 X5 XSO TOTAL PRICE lIZ.S! llio - J)'qr- fo" Lfao- If) 10 - [\.I ro- 4to()- 2 '300- lfl__S"l>- ~q Z-o - /,2. fa .. 2.rrr- It>>qD- lectf - $""5t> .. II ro- 7 2.,)- - I~eo- 'Iso" 1 D t}()D - I 2, {)DO - I 300- f'-/oo- 9)0- 31..0- Z. "/K- LtO&-D - L{~).- SUBTOTAL PAGE TWO ONLY "',(J"?, ~ . I UNIT PRICE ONLY FOR I. LABOR TO INSTALL EACH ITEM PROVIDED BY CITY '3 ,Ii q'l.'2 12-3. ~ ~. Q! 2 '(!r 1 q. 7J J~ ?~ 2-jq:1i b s-. I!! I "S-. 1] '3 2 'i'. if.! <1"1. rJ 19'Y. !i & 1, ...: fJ. ... 3CJ~ q~. 057 &c.1:1 (01. '(j .J. J;? bl]. '] 7Zi.~ qg..7\# 21. f2 3. '1.e' . (2.- . . I b ~. &f'J Z.h~ ,1S 1. I' ; f. 3 Cf 12 1-' , , ITEM ITEM # 2062 00 ~OOTBALl 8&8 2063 00: ROOTBALl 8&8 2064 ROOTBALl B&8 2065 CANOPY (B&Il8'W,12"O) ~~ 2066 0lA. ROOTBALl B&B 2067 .. 16" 00, ROOTBALl B&8 ~068 ROOTBAlL B&B 2069 ROOTBAlL B&B 2070 B&B 10"W" 18'tl I""'~ 2071 BASE DESCRIPTION )4'CAl., '" V", . 8,S'C,T, '. 36 .12' OA, X 3,0' SPH.. ~,O' C,T,. 24' .. , "",-,. 1~:()A~PR...~.~C,I.,'l\J"lJIA. . ,DtN:;t . 2.5"CAl... U OA, X 4,11 SPK.., :),0' C.T... 28' .1,U" CAl... ,,3.O'C.T. . "",",. '. o'C.1.;18'00. '~.., HI '^"," ~rn., 4'C.I.. 24"lJIA. v~,.lll'(; . '" "",--.MIN,. . (656 .1U" W, . (B56.1U"W. 2012 18'tl ) I II. ""'-.. MJN,. " 207.318'tl ) , ....,...,14' ::;B' 2074 C,T, .32" IlIA ROOTBALl B&8 2075 D1A ROOTBALl 8&8 ....,.6' OA, X 14" SPR, , 2.0' C.1,. lb' 2076 SPIDER Ul. Y i HYMENOCAlllS LA TlFOLlA) 3 GAL M1N 15"HT fULL EDGE TO POT 2077 ST. AUGUSTINE SOD 'FLORATAM' (STENAPHRUM SECUNOA11JM) SOD ONLY LAlDED TIGHT 2078 llIATCH PALM (THRJNAX RADIATA) 3. CAL,MIN 14' OA. DENSE CANOPY . (B~ 8. W.12"O) 2079 llIATCH PALM (THRJNAXRADlATA) 3. CAL,MIN 16'OA. DENSE CANOPY, (B&8 10" W, 18'tl) ,OA II ,~" St'K 2080 FULL ~ FOLIAGE TO BASE II.............,. .(tllitl 2081 8'W ,12"0) '.w ,(8&8 2082 1O'W.18'tl) " ',(8&8 2083 1O'W ,18'tl) . ,. 17"CAl..MIN" .(6&6 2084 1O'W.18'tl) 2085 WAX JASMINE (JASMINUM VALUBlLE) 3GAL 18. HT X18' SPR,.FULL EVEN FOLIAGE 2086 WAX MYRltE ( MYRICA CERFERA) l.25"CAL, 8' OAX 2.5. SPR.,3' C,T., 7 GAL CONTAINER 2067 WAX MYRTLE ( MYRICA CERlFERA) 2,O"CAL. 10' OA X 3.5. SPR" 4' C.'1',. 15 GAL. CONTAINER 2088 WAXMYRltE i MYRICA CERFERA) 2.5"CAL. 12' OA X 4,0- SPR..S' C.T" 25 GAL CONTAINER YElLOW ....,... . .. 8' C,T _, JIi"DlA 2089 ROOlBALL B&8 ,.. "'" :,.MIN I MAIN lKUN"".DENSc 2090 CANOPY,(B&B 8.W.12"O) "'''''' ....'.:rnL.M 209.1 FULL EVEN HEADS --:- , uA,MIN., 3C.T, EACH TRUNK, . 2092 lHREE (3) VERTlelE STAKE SYSTEM (AS SPECIFIED) 2093 FOUR (4) VERTlCLE STAKE SYSTEM (AS SPECIFIED) 2094 FOUR (4) BRACE SYSTEM (AS SPECIFIED) . ... .:'!;;!':!'!':; >!!U'!i!!!!!H'!H!!!1'i'!!!1i1!!iT1! ':' i1:i::::iH:U'!i ::::!!iiiiH'!!E:!!!U'ii i1:!:: UNIT PRICE ONLY TO SUPPLY &INSTALL EACH ITEM .. COMPLETELY .TO i 2. ()\!) - '2..(, () - 5'1{ - 2...?J)- 2.:Z...s. - \ O'-t - 2.Je - H!"- z.~' - q d..ooO- ~ "tCO- :L'f\- "10- q- .31 4~}- -feo - R"~ 51;>0 - boo- 12./)- 1 '5'C>- Q..)li I). -- :3 S-~ - ~l.- ("2.0 - 3'11. 3bo - ~q()- :tl- 'JS"- 3 8- ITEM UNIT QUANTITY X5 X5 X5 X5 X5 X5 X5 X5 X5 X5 X5 X5 X5 X5 X 100 X 10000 X2 X2 X50 X5 X5 X5 X5 X10 X5 X5 X5 X10 X5 X5 X20 X20 X20 ~ !-~ ~~~ fPt~~ #~~~IH~~~qN.~r TOTAL PRICE fo~€>o- ) 100 - Z- S's-S"" - ILOc9- 1100- ~2.D- IISD- 12-S-- 14&)"- L{~ - - 10. coo...... [7 _ 000- 12..)5"""- Jeso- qo~- '3 z.o- 'i,\o - Ib~&';' tfZ.5" - "2.5"00- 3000- 3bC>o- 31 Sb - ~~- (7,- .. J3r:- 600- 3l{(() - I~o- [451>- 4w- f:;/)o - l1?e- t?b. / '2-<> . u&!. UNIT PRICE ONLY FOR LA130R TO INSTALL EACH ITEM PROVIDED BY CITY 3~'B ~! .Cl'-'. 1-; I ~~. !2 ft,. 2. \{ 8-1. z.1( JC1. - 1'2.., o~ bQ ~ ;01. ~ ). ~ b Ii. 111 7 2..~. 7] '1 'i. 1111 2.1. ~1 1. ''1,9 . 11.. If) q. 91/ U~. '2 3, t't [bl. ~ Jl B-. 9.J. 11'.lj 7.J'i. n J. Ilt (0 71 7_7. ~ 'i;.~ 12S-. l.{7 (If J. I! loft, ~ ( (. II I J ,q z:;, ~ If. J l'i, t'f '0. ITEM UNIT PRIer: ONLY TO TOTAL UNIT PRICE ONLY F OR ITEM SUPPLY & INSTALL LABOR TO INSTALL EACH ITEM - ITEM UNIT EACH ITEM PROVIDED # DESCRIPTION eOMPLETEL Y QUANTITY PRICE BY CITY 2095 ARBORlCOLA - 3 GAL 1S" HT X 15' SPR.. FULL EVEN FO~GE ~.'s.E X50 <.JZ"'- 1.'~ AUAMANDA - 3 GAL 1S" HT XiS. SPR., FUll EVEN FO~GE ~ ; Sj2 V-~.,- 3. I.! 2096 .- X50 . . 2097 BUTTONwoOD SILlIER - 3 GAL 18" HT X 1S. SPR., FUll EllEN FOLIAGE ~. S! XSO ~lS- 3.~ 209S BUTTON WOOD GREEN- 3 GAL 1S'HT XiS. SPR" FUti EllEN FOLIAGE ~.~ XSO If 2..5 - 3.~ " q.o.! If)"o - 3. 41 2099 BOUGAlNVlL.LA - 3 GAL 18. HT X 15' SPR., FUll EllEN FOLIAGE XSO 2100 BEAUTY BERRY - 3 GAl is. HT X 15" SFR., FUll EVEN FOLIAGE f.~ X50 41.S- 3. ~.! '2101 BEACH SUNFLOWER - 3 GAl1S. HT X 15" SPR., FULL EllEN FOLIAGE g. z.~ XSO lfll. ~ '3 '.1 2102 eOeOPl.UM - 3 GAL 18" HT X 15" SPR" FUll EVEN FOLIAGE f.- X50 1./:oc- z.. q~ - '2103 . CARlSSA- 3 GAl1S" HT X 15' SPR.,F-VLL EVEN FOLIAGE q.- ...x 50 ~~- ""5 51- 2104 CREPE MYRTlE- 3 GAL 1S' HTX 1S" SPR., FUll EVEN FOLIAGE q.- XSO <f~" S, '30 ~. >0 ttzs - 3. e>f~ 2105 CHERRY HEDGE - 3 GAL 1S.HT X 15. SPR" FUll EllEN FOLIAGE - XSO 2108 CORDEUNE - 3 GAL 1S.HT X 15" SPR., FUll EVEN FOLIAGE ( t. xso bw - '3. 7"f 2107 CROTONS - 3 GAl 18" HT XiS" SPR., FUll EVEN .FOLlAG6 q. ~ xso 1./7)'- 3. ~~ . ?~ lflS- '3'0 21 OS CROWN OF TIlORN - 3 GAL is' HT X1S. SPA" FUll EllEN FO.LlAGE , XSO 3. - 2109 EUGENlA-3GAL 1S" HT X 15" SPR., FULL EVEN FOLIAGE .' K.'~ xso i./ l'". - 3. 3~ 2110 GRASSES ORNAMENTAl""'; 3 GAL 1S. HT X 15" SPR.. FUll E\IEN FOLIAGE 8. ~ xso 4z), - 3. '30 2111 TIlRYALUS - 3 GAL 1S" HT X 15" SPA" FULL EllEN FOlIAGE f~ XSO t/ Z-~ .- S "30 2112 FIREBUSH -'3GAl18"HTX15"SPR.,FULlE\IENFoUAGE f.~ X50 ~ 1Z..~ '3. ICf 2113 . RUELUA - 3 GAL 18" HT X 15" SPA" FULL EllEN FOLIAGE fZS XSO I... Il. :s:! 2. q~ ., 2114 1RlNETTE-3 GAL 18" HT X 15" SPR., FUll EllEN FOUAGE q,- XSO {';l> , "'3 3.0 '-. HIBISCUS -3 GAL 18" HT X 15" SPR., FULL EVEN FOUAGE f.D ~. l/ 2..5'. - "'3 ~ 2115 . X50 , 2116 lNllAN HAWlllORN - 3GAl1S'HT X15'SPR"FULLE\IEN FOlIAGE q- XSO ~Sb.- 3. )D - 2117 'ILEX - 3 GAL 18" HT X 15. SPA., FULL EllEN FOLIAGE '. q.~ X50 l.(.lJ~ 3 5"2; 2118 JACOBS COATS - 3 GAL 18" HT X 15" SPR., FULL EllEN FoLIAGE , /.? .... X50 b'5'D:- 'i. 'i! JUNIPER - 3 GAL 18" HT X 1S' SPR., FUll EllEN FOLIAGE f ~. l u:- 3.t! 2119 .- XSO' .. 1.~ t7~- S'z. . 2120 . JATROPHA - 3 GAL 18" HTX 15. sPA., FULL EVEN FOLIAGE XSO J. 2121 JASMINE -3 GAL 18'HT X 1S'SPR., FULL EVEN FOLIAGE . f.'.! X50 lJ,zr- 3. Ie, lANTANA-- 3 GAl is. HT X 15" SPR., FULL EVeN FOLIAGE t?J ~ 31. ~ . 2. qJe 2122 XSO 2123 UL Y- 3 GAL 18' HT X 15" SPA., FUll EllEN FOLIAGE 9. t1' 41 S". - J. '!! - X50 2124 URfOPE - 3 GAL 18"HT X 15. SPR., FULL EllEN FOlIAGE .q. XSO 4 S'O,- 3. 1.! . f. rr Y31.~ 2125 UGUSTRUM - 3 GAl1S. HT X 15. SPR,. FUll EllEN FOlIAGE . X50 1, ~ . 2126 OLEANDER-3 GAL 1S'HTX lS' SPR., FUll EVEN FOLIAGE ~. ?k .... X50 4 3 S-. - ], " 2127 POTATOE \llNE-3 GAL 18.HT X 15' SPR.,FULlEVEN FOUAGE . ( S-. xso 75"0- . " L.f, u I SUB TOTAL PAGE FOUR ONLY i>. 075 St) tin 1~ - f~m~~\:::::;'{f~f:~K: - ". iTEM ITEM # DESCRIPTION ....... .... .......... .............. ........................... . 1.2128 M~Qihi!Y:~d.~y,QBNMliw.rAil~~~H~H~~r~f!iW~~H:~~~y::::: ::::: ~129 ~~J~~~~~~~J.~~:;~~~*$.~~:~~lli~~~~~~~\i::ii:\:::;:: M~~~:WA~~t~~H~~~~~~@~$.~\~:~W~~~~~~~i:::i::::::::: ~g~~~~dfg~~~~~~J~~~f~~~~~iW!~\~ilii~~\::::::::::: ~~~~~~~~~~lW!~~:@X~~~~:~~:iik~~:::::::::::: ~~t$~~~~~t~~~~:~~~~~~~:j~J.lli~~~~~~:::::::\::::::::::::::: M~~~~~~~!~~~~~:~~~~~~;~~~~::::::::::::::::::::: 2130 2131 2132 2133 '2134 2135 ~~~~~~~~j:~:i~~:~H~~ltUW~~~::::m::::::::::::::: 2136 ~g~X~j~~H~~~Hf~i~~lj~&~~giMij~::::;::::::::::::;:: 2137 ~~t$~~~~~~~~~H~~~~1j~lli~~~~~~::::::::i::::::::::: 2138 ~~~~~~~~H~~i~~~~~~t~j~~1iUt~~W~W.~::i::::: :::::::::::::::::::::::::::::::::;:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: 2139 ~OIl~~~_S~~Jlf:OA~~H:Riit:Qitii~~iWi.iCONri.JNlll!(i:iiii 2140~g~~~~~~~~~mip.~*~i:~l~~f;(~~i,ijH~~~~~~~:::::: 2141 ~::::H:::n::::::::::::::j::::::i:ITm;i:::::;:::::::::n:::W::::[i::::::::::::::::::::::n::::::::: 2142 ~:::::m:::~::~:~::::n:::m0m:i::l~j1~:::::::rm:n::::i~::m:::~:::::::::1:~::::i:::::::: 2143 ~~;iii:;i:::i::i::::i:!:)imt1TI101r:lmmi:i::iiiii::i;ii!i:!::r::iii::::ih::;::::i~i:i:ij::::: 2144 ~~~~~~~:~~I~~~jili~l~~~jjf~d~!~~i~tijj::::::::::::::::: 2145 ~~~~~~~~~~~~:~~~i~~~~~~i~~~~~~j:::i::::::::::::: 2146 ~~f$~~~~~~~~~~~~~~~~~~~j:::::::::::::: 2147 C<iiit_i i:i~i:: in i ii i i!: i~: iITriiTIHr: Hi rrr::: i::: i: i n i i i: i:::: :r::: i:; [;:::i [: i:: i::::: m 1:::::::::::: 2148 m_:mi::i:m::1H::::H::[t:1'mU0m:[:::::H1:iH:::::~:1:::H:[:H:1i::~::::::::n::::::::::::: 2149 @@:~::i:i:H:::::::m::::::1:!j:::::::::::?::::H::1:~:::::j:::::1:::m:::n::[:::;::::i~:::i:::::::~: 2150 ~~~~~~~~~@l~::i::::::::::::::::::::m::j:::::::::j::::::::::::i::: 2151 f.~~8~~~:OO}fu::~::: :~::::::::::::::::::: ::::::: ::::: :::::::::::::::::::::::::::!:::1::::: ::::: ::: ::::::: 2152 ~Y:~fM~:~&i)~j::::::::::~:::::1::::::::::::j:::::::::::::i:::::::::::::::::::::::~:::::::~~::: 2153 ~~~~~l~~@W$.:::::::::::::::j:::::::::::::::::::::::::::::im::::;::::i:::::::::::::::::::: 2154 :::::i:::::::::i:~~l~:~~~:::::::::::::::::j: :::::::::::::::::::::::::::::::::::::::::::::::::i::::::: .... .... ..... .... ,.. ,.. ,..............,. ....... ........ ............ ......... ,_.......,1.....-........ .....,.... ..... .~.. 2155 W~oou~_BH~~liU#:M~;:::<:W<:::::::::::::::m:::c::YW:::: ::::n:::m::: 2156 ij~~~~~~~~:~~:::::::::::::::::i:::::::::::::j::::::::::::::::::::::i:::::::::::::::::::::: 2157 ~ijf.~f~~~~~~~~~~i:::::::1::::::::::::::::::::::::i:::::l:::::::::::1::::::::::: ~~~~~B.~~~@::::::::j::~:j::::::::l::::~:::j:::1::G:::!::::1:::::::::i:i::::::::::::m ~~~ug~:~~::::\::::::::::::;:::::::::::::::~::::::j::::::::::::::::::::i:::::::::::::::::::::::::: .................-................ ... ., ....................... ................... ......-................ ................... ~Q.IWM~:p.~n:< ........... .... ......::::HUWHHH WHH:::>' ...... 2158 2159 UNIT PRlCEONL Y TO SUPPLY & INSTALL EACH ITEM- COMPLETELY 3, &2 9. 50 3 {) . c.>~ ~).- b&-. - \.(.15 (L.- 42..- be.- )?" 2.. - \f~- ~q - tSO- 36:) >- Ljbz' 12 70 - \11'- 2(1..- 2.kb - zog-- c5'l';' 5'1(- q.~ 2L- 2,1.- 3<1- S""r-- ? '/0 32..- I ~..'" t '7 t. - IllS'". - ?C. ITEM UNIT QUANTITY x5 x5 x5 x5 x5 x5 x5 x5 x5 x5 x5 x5 x5 x5 x5 x5 x5 x5 x5 x5 x5 x5 x5 x5 x5 x5 x5 x100 x5 x5 x5 < x5 x5 TOTAL UNIT PRICE ONLY FOR LABORrO INSTALL EACH ITEM PROVIDED PRICE BY CITY 1 q. t;!' I. "IS" \fl. ~~ 3, I' l)b- q, S"'( z..z.5 - 1~.0 '3 L{o - 2..1.u 2- 3."> I. '7~ 60- lf~ 2-1~ - t~.- J <<>0 - L(). ,q .. \.f\D - 3Z.~ 2.( 0 - p..{.- 4;'i \ - 3lf, !! 7~- 5'1. 1]- l Y\)'- '" /l~ '3~ '2..110.... lbb. I~ b1~- 4'lb. 1.1 ?qo- b Cf. ell I00f)- 1?1. '!. 11 "]0- I f>~. ')1- \ olfo - 11 qc ,z..~5'"- q'-l. U Jlor- / 2.)", 5"~ \..{l- g..~ Lo)"- g,T] l3S- } L f! 19S- - <\.~ ~/r- ~.~ a'to - .'t8 I bo- I 3'. /1.- -q 2)"- '1. c~ " - gtto - l. o~ 7~)- S:'t. ~ Lfoo - -f{11 53 ~<f.172. 5"0 J. Ie b I,'f!. -, 2160 ................................. ".....' ....... ..~ ~....-... ,_.". ..............,.................. ................................. 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PRICE J.1D- x5 1 JSb.... -71 () .... x5 JSSo- 21 Z() - x5 (<!). bt)O- [2.3- x5 ~(S-- I S-1- x5 ,8r- liZ.- x5 'Ho- 2.10 x5 r 3So- llC - x5) ,,0- is ,- x5 </1..~S- r) 1- x5 '1z. ~).... tOb2..- x5 5J/o- 11 - x5 ~)- 11 xSO y5\)- ..Ie>- x5 c:;o- f? - xl00 go::, - I J Ie - xsO &S"; '51)0- 2.."t. - x10 z.. u:> - \.f'l- . x10 'i'-fo- bb - x10 b~O- t ~.. x10 ~i"O"; J tt> - x5 'S-S"'O- 'I - xSO 51>'- I, (.!. x50S-'\' - , to I . IS x50 l77. ~ . II I . ~ x50 6 t. ~ i , \( J. ~ x50 b'2-, .~ ,I~ '2.. ~ x50 , Z.s".-7~ ~ . 2155 7. - x100 700- I b'o 2156 3D.- x50 i~OO- '3.'? 2157 ~e1~N~m1!HiiW!iiimAiHiiiiiiHiHiHiHHiiwHHii!Wiiiiiiiiiii )C>.;.... x10 Joo- 2.-tfg. 32 . . ..:' ::::::: a 2158 ~~~ij: ':;!iHiiHiHiUHiHi!HimWmiHii!HiiiHHiiWHHniU!!!! bOo - x5 Joc> - 4 { p.. bj 2159 ~~~fio;i~j~iigii!i:iiimHii!:iiiiiigiiii!!Yiiiiiii!gimiiFiiiidiiidiii q .~~ x5 4' S'D - 5fZ.O\ _ 1/0.--" SS1>- ~i. ~ ";!;ii::::':!;!i~;I;;':;II):;!~!;!!:i:!,;i!i:!!i:,!i,;',!!:li:':iii;I:':"!:..:,;I,I';,i:,!,,!!!:'ill:..!'I'i:~=~I~~f~;:~~~:':~:'~w':~~: ' if} :}/~: '; 3 . ~b ~ 2. ~ , l! ITEM ITEM # DESCRIPTION 2128 ~b~~J~~~~~$.i~i~W.~~i~~iji~~~!!!i!ii!!i:i!:i!ii;;i!i;!ii['!i 2129 ~~~~~w.~~~~f:t.~~~~$.~~~ffi~~!ii!!ii!!!iiiiliiiiiii!:!!ii!;i!1::! 2130 ~dd~biJ~~~~gfuH~~~~f~~~iii!i!iii!iiiHii!!iiii::i!:i!!i!iii!!!:iii! 2131 ~hdMibij~f,~[Jij~~iHill~~~~~!ffi~~1R~!~i~!ii:i!i!!ii!! 2132 $ig~~g~~~~&~~~#iU~~#~~i~~~g~~~~!~i~~:i::i!::iii!:;:i 2133 ~~~~~N~~~I~~~~g~~~ffi.~~~!~~$.~iili;i:i:! ..............................................,..................................................................,.... '2134 ~g~gii~~~!~H~~~k]!~~j;~g~g~~~::!::::!:!i:!:i!! :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: 2135 iiild~iiCiii:<ifiHSAW;$ji.jQLitiMK~li:i"iWMi2Oiffib~iii!Si{ii~n HH::;: ii ...................................................................................................................... 2136 m~TI9ti~H~~H~~Hk#~~T!~~~~f~r.~!!!!!jf!f:;!!!fi!!!!!!! : ::::::::::::: :::::::::::::::::::::::::;:;:: ::;:::::;:::: :~:::::::::::::::::::::::::::::::::::::::::::::::::;:::;:;::; 2137 ~9~~~~~~~~~*=~~~~~~!iH~HW:f~:~~i!;!ii!!! 2138 ~8&~~~HLiili~Ua~ilL~~~~~i~~~~iifH~ii~.~~[i!iiiiiiil .2139 m_mil.~iUfiiiiiiliii!i:!ii:iiiimi!ii1ii:iiiiliiiiii[ii:fii:ii[~iiiHii!f:iiii!mii:ii::ii1i:::i:!!i!i 2140 ~~'ffii!~~:iiiiiiiiiiiii:!i:mii:::i!!:!iiiii!i:iii!iiii!Hiii:imiiiHi!0Ui!iHiii:iiiii:ni!! 2141 . . ......... .. . . '" .. .,. . ......... t@!!~1:iiiimimiliiWim!!iii!i1:fnH!iiWiiiiiiiil!iii~:iHjmHmiiiiiiHHiiHii i:mi :i:!!i:nl!:ii ~~~~~~~mw!iUm00~l8Grmm~j0H00rrm~0t~jjff!! 2142 2143 ~!l~~iillmA~!oF.~~iiiE'Ni:'mJ!!liiigi:iiiiiiil!!iiiii;:i:i!iiiilii; 2144 tNi~P.Rii~iimiiiiii !iidmiiiiinnurii1r!rmmHml iiHii)iii!ihii}!1[iiiiii!!!iii . . .... .. . ....... 2145 ~D.~P:ft~~m;imiiii!f!iii!HiHHmm:Hii:HifimHi!lmi:TIi!i:iiifiWiiiW:ii!:iiH!!!!!! 2146 'E!~!!f:ifHii!:HhH!iiii:if!H;miHim!jii!n!H!iii!HHi:H:ifi:Hii!m:i:!!uumill 2147 tNit:iSlW!E~DGiiiifiiiiiiiii~i!i:!iii!iiii:iiiiiiiii!iiiiii::iiiiiimiii:f~ii!iiii~iiiijfifi!:i fir!!!! 2148 Wi~t!Ilii_iHiHHiii!iiiHi~iiiii!iifm:!:i!:iiimiii1nmii!iiiiUiiiHHiiiHiii!iHiiii!i!! 2149 2150 2151 2152 2153 2154 UNIT PRIce ONLY TO SUPPLY & INSTALL EACH ITEM - COMPLETELY TOTAL ITEM UNIT QUANTITY . UNIT PRIce ONLY FOR _ LABOIl TO iNSTALL ~CHITEM PROVIDED BY CITY l..b~ S:2 : 70". os . '2 i 14 bet IIq. .~ I 52.(P.-! 171 !! 265. V5 10"'. o~ rt(1D ~ .... Y~b, 'i1 f 05"8. "Z...!. n ,S' .,- q,lr c;-, '3.1 '.:. q8 'fb\. gl '2:z. ~ .~ 3''10 .~ 55J, c, 617; 'Icy fo $. '77 . E>l ({( CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORlVl VI.-CONSENT AGENDA ITEM C.l. Requested City Commission Date Final Form Must be Tumed Requested City Commission Meeting Dates in to Citv Clerk's Office Meeting Dates 0 December 5, 2006 November 20,2006 (Noon.) 0 0 January 2, 2007 December 18, 2006 (Noon) 0 March 5, 2007 0 January 16,2007 January 2, 2007 (Noon) 0 March 20, 2007 ~ February 13,2007 January 22, 2007 0 April 3, 2007 Date Final Form Must be Tumed in to Citv Clerk's Office February 12,2007 (Noon) March 5, 2007 (Noon) n (-) -i :::;-< -<0 (""')..., ,-CO 1-'10 o 2-< -'z ~ '.;-i :J: Vo C}Z -"ro ""('11 (...,) ("') en ('11> ("") RECOMMENDATION: Motion to approve and authorize signing of an Agreement for Water Service outside the CiW Limits with Mario Doran for the property at 1112 Seagrape Rd, Lake Worth, FL (Hypoluxo Ridge Add 2 Lot 52). Announcements/Presentations o o o o o March 19,2007 (Noon) o -.I '- ::>.. :z: NATURE OF AGENDA ITEM o o ~ o o Administrative City Manager's Report New Business Consent Agenda Legal Unfinished Business Code Compliance & Legal Settlements Public Hearing EXPLANATION: The parcel covered by this agreement includes a single-family home located in the San CastlelRidge Grove project area. Only potable water is available for connection to the property at this time due to recent water main improvements constructed by Palm Beach County as part of a neighborhood improvement project. (See location map). PROGRAM IMPACT: A Water Distribution main has recently been completed on this street, allowing for the service to this parcel. No additional construction will be required by the City to serve this property. FISCAL IMPACT: None ALTERNATIVES: None. This parcel is within the Utilities service area. ~ City Manager's Signature Assistant to City Manager ~ Lw UTILITIES ~ Department Name City Attorney / Finance Attachments XC: Peter Mazzella File S:IBULLETINIFORMS\AGENDA ITEM REQUEST FORM.DOC 1 RESOLUTION NO. R07- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AUTHORIZING AND DIRECTING 5 EXECUTION OF AN AGREEMENT FOR WATER 6 SERVICE OUTSIDE THE CITY LIMITS AND 7 COVENANT FOR ANNEXATION BETWEEN THE 8 CITY OF BOYNTON BEACH AND MARIO DORAN; 9 PROVIDING AN EFFECTIVE DATE. 10 11 12 WHEREAS, the subject property is located outside of the City limits, but within our 13 water and sewer service area. located at 1112 Seagrape Road, Lake Worth, Florida 14 (Hypoluxo Ridge Add No 2, Lot 52); and 15 WHEREAS, the parcel covered by this agreement will include a single-family home 16 located in the San Castle/Ridge Grove project area; and 17 WHEREAS, a water distribution main has recently been completed on this street, 18 vicinity, allowing for the service to this parcel; and 19 WHEREAS, no additional construction will be required by the City to serve this 20 property. 21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 22 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 23 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 24 being true and correct and are hereby made a specific part of this Resolution upon adoption 25 hereof. 26 Section 2. The City Commission hereby authorizes and directs the City Manager 27 to execute a Water Service Agreement between the City of Boynton Beach, Florida and 28 Mario Doran, which Agreement is attached hereto as Exhibit "A". 29 Section 3. This Resolution shall become effective immediately upon passage. 30 S:ICAIRESO\Agreements\Water ServicelDoran \Vater Service Agreement.doc , I i i I 2 3 PASSED AND ADOPTED this _ day of February, 2007. 4 5 6 CITY OF BOYNTON BEACH, FLORIDA 7 8 9 10 Mayor - Jerry Taylor 11 12 13 Vice Mayor - Jose Rodriguez 14 15 16 Commissioner - Ronald Weiland 17 18 19 Commissioner - Mack McCray 20 21 22 Commissioner - Carl McKoy 23 Attest: 24 25 26 City Clerk 27 28 29 (Corporate Seal) S:ICAIRESO\AgreementsIWater ServicelDoran Water Service Agreement.doc 1112 Seagrape Rd, Lake Worth, FL 33462 - Google Maps Page 1 of I Address 1112 Seagrape Rd lake Worth, Fl 33462 http://www.google.com/maps?f=q&hl=en&q= 1112+Seagrape+Rd,+Lake+W orth,+FL + 33... 1/23/2007 THIS INSTRUMENT PREPARED BY: lame, A. Cherof, Esquire Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMlTS AND COVENANT FOR ANNEXATION . ~IS AGREEMENT~de on this _ day of ,200_, by and between L7CJr/b C';. L.k7..e..-9-/}/ hereinafter called the "Customer", and the CITY OF BOYNTON BEACH, a municipal corporation ofthe State of Florida, hereinafter called the "City". WHEREAS, Customer owns real property outside of the jurisdictional limits of the City of Boynton Beach, Florida; and WHEREAS, Customer has requested that the City of Boynton Beach, Florida provide water service to the property owned by Customer; and WHEREAS, the City of Boynton Beach has the ability to provide water service to Customer's property; and WHEREAS, the City of Boynton Beach has a policy which conditions the grant of water services outside of its jurisdictional limits on annexation of the property to be serviced into the City at the earliest practicable time. NOW THEREFORE, for and in consideration of the privilege of receiving water service from the Municipal Water System and the mutual covenants expressed herein, the City of Boynton Beach and the Customer, his heirs, successors and assigns, agree as follows: I. The City agrees to provide Customer with water service from its Municipal Water System to service the real property described as follows and which Customer represents is owned by Customer: (Exhibit A) 2. The Customer and the City hereby agree that there are A Equivalent Residential Connections which City shall service. 3. The Customer agrees to pay all costs and fees of engineering, material, labor, installation and inspection of the facilities as required by the City of Boynton Beach Code of Ordinances or Land Development regulations to provide service to the Customer's premises. The Customer shall be responsible for installation in confonnance with all codes, rules and regulations applicable to the installation and maintenance of water service lines upon the Customer's premises. All such lines shall be approved by the Director of Utilities and subject to inspection by the City ... --------SEAG~RtLm 1 in. = 69.5 feet 'I 'I ,I I I '1 ..... I ;:iii111'i,' : 0510 0500 0490 0480 0470 0460 I . - - - - - _.__.~--- - - - - 0370 ,\80 0390 0400 0410 0420 0430 \ . .......- 0 [L___~_~~____ . ",.-- j I i 0360 0350 0340 0330 0320 0310 0300 0220 0230 0240 0250 0260 0270 Location - 1112 Seagrape Rd . il [\ ~JY THIS INSTRUMENT PREPARED BY: James A. Chem!. Esquire Goren. Cheret, Doody and EzroL P.A. 3099 East Commercial Blvd. Suite 200 Ft. lauderdale. Fl 33308 IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Individuals) STATE OF FLORIDA COUNTY OF 9(L( M e-eacl, IIWe, /l1 ct r /0 G-. 'j) 0 (' Ci.. rJ , hereinafter "Grantee", hereby make, constitute, and appoint THE CITY OF BOYNTON BEACH, FLORIDA, true and lawful attorney in fact for Grantee and in Grantee's name, place and stead, for the sole purpose of executing on behalf of Grantee the power to initiate, maintain, and complete a voluntary petition for annexation of the real property descnbed herein into the CITY OF BOYNTON BEACH. This power shall extend to the CITY OF BOYNTON BEACH full and complete authority to act on Grantee's behalf to accomplish annexation by any available means. The real property which is the subject of this power is described as follows: PCNNo.: OO.-Lf;S-lf-S- Or-/)I-{)~rO S-Z() The powers and authority of my attorney, THE CITY OF BOYNTON BEACH, FLORIDA, shall commence and be in full force and effect on the ~uf. day of ....--- J a... V\..lA.tI: '(''( , 20 fl- and the powers and authority shall be irrevocable by Grantee. IN WITNESS WHEREOF, we have hereunto set our hands and seals the.;{ncl day of --Jc1 v\lA t-H Y , in the year 2007 I Sealed and delivered in the presence of ~ /,?' ~,i" _I ~ -...' j )( j..LV', l)(WN Witnes~Signature /' ,) A e 11'7' (~l r;, ({ d Z Print Name J tl I', " I'~ ---/ \i D '-y'I, CA.. v\ \.-'\ /! ' ""~ Witne~ Signature . \ y\) e' \in e\ \'\\ \ , e \"" Print Name ' / '/ o~nature / ~ j ''TV/I' (? /;~/W Print Name Witness Signature Owner Signature Print Name Print Name Witness Print Name STATE OF FLORIDA ) ) SS: COUNTY OF PALM BEACH ) THE FOREGOING INSTRUMENT was acknowledged before me this.;( td~ day of ":Jah vl it r yf, 20 07, by nlt-t r " C' 6=-, Do I a ,1\.;1 and ( , who are known to me or who have produced F / .; (; tltt-- hi.. . , as identification and who did/did not take an oath. r-', , /) /:-'J '::. \ (/ycrT~ ~~!e{.11'.1 NOTARY PUBLIC , ! ...J (,>Ii4 /\/' eel I;' fl f Type or Print Name .,...............................11111. r ..., : SUSAN COLLINS . : "'''''.'''''- ColNIlfaDCIl fW i 1 /~.,?} P~\ __1ttIIllOI I : ~';"~.iJ BondId..~1 t ~";::t~;l~~'$' Ft0rid8 NdIaIN .,.., InC : :-.. ~.."..... ..................................... Commission No. '5-/-2001' My Commission Expires: S:\CA\AGMTS\Waler Service\power ofatty.doc - 1-6-06 H:\1990\900 182.BB\AGMf\Power of Attorney-lnd 1-30-06.doc Palm Beach County Property Appraiser Property Search System Page 1 of 1 Location Address: 1112 SEAGRAPE RD 1_%q~A&;.1 Municipality: UNINCORPORATED Parcel Control Number: 00-43-4S-09-14-000-0520 Subdivision: HYPOLUXO RIDGE ADD 2 IN Official Records Book: 09029 Page: 0682 LeQal DescriDtion: HYPOLUXO RIDGE ADD 2 LOT 52 Sale Date: Nov-1995 r Owner Information Name: Mailing Address: Sales Information Sales Date Book/Page DORAN MARIO 1~'j!1 1112 SEAGRAPE RD LAKE WORTH FL 33462 596 7 Price Sale TVDe $82,000 WA RRANTY DEED Owner Nov-1995 (29029/01182 Exemptions Regular Homestead: $25,000 Year of Exemption: 2006 Total: $25,000 Appraisals Tax Year: Improvement Value: Land Value: Total Market Value: 2006 168,817 41,951 $210,768 Tax Year 2006 Number of Units: 1 *Total Square Feet: 2476 l.!~e Code: 0100 Description: RESIDENTIAL * in residential properties may indicate living area. r- Assesse an axa e a ues Tax Year: 2006 2005 2004 Assessed Value: $102,146 81,621 $79,244 hi_..~ Exemption Amount: $25,000 25,000 $25,000 Taxable Value: $77.146 56 621 $54 244 d dT bl V I Tax Values Tax Year: Ad Valorem: Non Ad Valorem: Total Tax: ~, l!iliiJwm~,eta.UJi;~0Wi~!~ Iax Collector WebSite ti~1I8Il ~I ril0Jjjmj@~_%~~l NOTE: Lower the top and bottom margins to 0.25 on File->Page Setup menu option in the browser to print the detail on one page. Record Search I Information I Exemptions I Community I ]:mplovment I New Home Buyer I Office Locations Value Adiustment Board I Save Our Homes I Senior Corner I Disclaimer Home I l"iD~ I Giossary I Etilll Forms I Contact Us I PAPA ([) 2004 Palm Beach County Property Appraiser. http://www.co.palm-beach.f1.us/papa/aspx/web/detail_info.aspx?p_entity=00434509140000...1 /2/2007 VI.-CONSENT AGENDA ITEM C.2. tf CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FOro. Requested City Commission Date Final Form Must be Turned Requested City Commission Meeting Dates in to City Clerk's Office Meeting Dates 0 December 5, 2006 November 20,2006 (Noon.) 0 February 20, 2007 0 January 2, 2007 December 18,2006 (Noon) 0 March 6, 2007 0 January 16,2007 January 2, 2007 (Noon) 0 March 20, 2007 ~ ~l -0 [,l!OB"! January 16,2007 (Noon) 0 April 3, 2007 Fd> \ 3 20:>, I{'v....G.JI '-'\.. ' Date Final Form Must be Tumed in to City Clerk's Office February 5, 2007 (Noon) February 20, 2007 (Noon) o March 5, 2007 (Noon) -.J <- :> z March 19,2007 (Noon)_ )::a 0 Announcements/Presentations 0 City Manager's Report :r: NATURE OF 0 Administrative 0 New Business AGENDA ITEM ~ 0 0 Consent Agenda Legal Q) 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 () o::::j :::;-< -<0 C)""" r- ttl ;"'0 ~-:o -< ;::"z V)-l o o-~ ....,,-- ...."co -fT'1 C'J):> fT'1C'J :J: RECOMMENDATION: Motion to approve and authorize signing of an Agreement for Water Service outside the City Limits with Maria Barrera for the property at 1049 Highview Rd, Lantana, FL (Ridge Grove Add No 1 Lot 212). EXPLANATION: The parcel covered by this agreement includes a single-family home located in the San CastlelRidge Grove project area. Only potable water is available for connection to the property at this time due to recent water main improvements constructed by Palm Beach County as part of a neighborhood improvement project. (See location map). PROGRAM IMPACT: A Water Distribution main has recently been completed on this street, allowing for the service to this parcel. No additional construction will be required by the City to serve this property. FISCAL IMPACT: None ALTERNATIVES: None. This parcel is within the Utilities service area. \lQf _ \ \"_. .~.\. ~ '''\'\ \t.-:.?::. Department Head's Signatur~ ' ,\ \.'\) \~"'\- ~M' Assistant to City Manager ~ UTILITIES Department Name ~ ~ City Attorney / Finance Attachments XC: Peter Mazzella (Y' File S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 26 1 RESOLUTION NO. R07- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AUTHORIZING AND DIRECTING 5 EXECUTION OF AN AGREEMENT FOR WATER 6 SERVICE OUTSIDE THE CITY LIMITS AND 7 COVENANT FOR ANNEXATION BETWEEN THE 8 CITY OF BOYNTON BEACH AND MARIA BARRERA; 9 PROVIDING AN EFFECTIVE DATE. 10 11 12 WHEREAS, the subject property is located outside of the City limits, but within our 13 water and sewer service area, located at 1049 Highview Road, Lantana, Florida (Ridge Grove 14 Add No 1, Lot 212); and 15 WHEREAS, the parcel covered by this agreement will include a single-family home 16 located in the San Castle/Ridge Grove project area; and 17 WHEREAS, a water distribution main has recently been completed on this street, 18 vicinity, allowing for the service to this parcel; and 19 WHEREAS, no additional construction will be required by the City to serve this 20 property. 21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 22 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 23 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 24 being true and correct and are hereby made a specific part of this Resolution upon adoption 25 hereof. Section 2. The City Commission hereby authorizes and directs the City Manager 27 to execute a Water Service Agreement between the City of Boynton Beach, Florida and 28 Maria Barrera, which Agreement is attached hereto as Exhibit "A". 29 30 Section 3. This Resolution shall become effective immediately upon passage. S:\CA\RESO\Agrecments\Water Service\Barrera (Maria) Water Service Agreement.doc 1 2 3 PASSED AND ADOPTED this _ day of February, 2007. 4 5 6 CITY OF BOYNTON BEACH, FLORIDA 7 8 9 10 Mayor - Jerry Taylor 11 12 13 Vice Mayor - Jose Rodriguez 14 15 16 Commissioner - Ronald Weiland 17 18 19 Commissioner - Mack McCray 20 21 22 Commissioner - Carl McKoy 23 Attest: 24 25 26 City Clerk 27 28 29 (Corporate Seal) S:\CA\RESO\Agreements\Water Service\Barrera (Maria) Water Service AgreemenLdoc 1049 Highview Rd, Lake Worth, FL 33462 - Google Maps Page] of i ,j' . ", I avannah ~LB'i~ "I ;~ ""'"c.". I gle Address 1049 Highview Rd lake Worth, Fl 33462 http://www.google.com/maps?f=q&hl=en&q=1049+Highview+Rd.+Lake+Worth.+FL+33...1 /23/2007 THIS INSTRUMENT PREPARED BY: Jame, A. Cherof, Esquire Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXA nON THIS AGREEMENT made on this ~ day of ~.~~, 200 j):, by and between 1114--"-/1.} ,C e 4 /?;r f;-1ft heremaft~r catled the "Customer", and the CITY OF BOYNTON BEAC , a municIpal corporatIon of the State ofFlonda, heremafter called the "City". WHEREAS, Customer owns real property outside of the jurisdictional limits of the City of Boynton Beach, Florida; and WHEREAS, Customer has requested that the City of Boynton Beach, Florida provide water service to the property owned by Customer; and WHEREAS, the City of Boynton Beach has the ability to provide water service to Customer's property; and WHEREAS, the City of Boynton Beach has a policy which conditions the grant of water services outside of its jurisdictionallimits on annexation ofthe property to be serviced into the City at the earliest practicable time. NOW THEREFORE, for and in consideration ofthe privilege of receiving water service from the Municipal Water System and the mutual covenants expressed herein, the City of Boynton Beach and the Customer, his heirs, successors and assigns, agree as follows: 1. The City agrees to provide Customer with water service from its Municipal Water System to service the real property described as follows and which Customer represents is owned by Customer: (Exhibit A) 2. The Customer and the City hereby agree that there are L!L Equivalent Residential Connections which City shall service. 3. The Customer agrees to pay all costs and fees of engineering, material, labor, installation and inspection of the facilities as required by the City of Boynton Beach Code of Ordinances or Land Development regulations to provide service to the Customer's premises. The Customer shall be responsible for installation in conformance with all codes, rules and regulations applicable to the installation and maintenance of water service lines upon the Customer's premises. All such lines shall be approved by the Director of Utilities and subject to inspection by the City Engineers. The City shall have the option of either requiring the Customer to perfoml the work ncc:ssary to conform the Jines or the City may have the work performed on behalf of the Customer, in whlch case the Customer will pay in advance all estimated costs thereof. In the event the City has such work performed, the Customer will also advance such additional funds as may be necessary to pay the total actual costs incurred by the City. 4. Any water main extension made pursuant to this Agreement shall be used only by the Customer, unless written consent is granted by the City of Boynton Beach for other parties to connect. All connections shall be made in accordance with the Codes and regulations of Boynton Beach. 5. Title to all mains, extensions and other facilities extended from the City Water Distribution System to and including the metered service to Customer shall be vested in the City exclusively unless otherwise conveyed or abandoned to the property owner. 6. The Customer agrees to pay all charges, deposits and rates for service and equipment in connection with water service outside the City limits applicable under City Ordinances and rate schedules which are applicable which may be changed from time to time. 7. Any rights-of-way or easements necessary to accommodate the connections shaH be provided by the Customer to the City. 8. The Customer shall, contemporaneously execute and deliver to the City an Irrevocable Special Power of Attorney granting to the City the power and authority to execute and advance on behalf of the Customer a voluntary petition for annexation. Customer covenants that it shall cooperate with the City and not raise opposition or challenge to such annexation if and when annexation is initiated. The property shall be subject to annexation at the option ofthe City at any time the property is eligible under any available means or method for annexation. Customer will inform any and all assigns or purchasers of any or part of this property of this covenant and of the irrevocable special power of attorney, but Customer's failure to provide such notice shall not constitute a defense or bar to the City's rights as set forth herein. The Customer acknowledges that the consideration of initially COl1.11ecting to the City's water supply is sufficient to support the grant of the power of attorney any subsequent disconnection or lack of service shall in no way impair the power of attorney nor constitute a diminution or lack of consideration. 9. Annexation is intended to be and is hereby made a covenant running with the land described in Paragraph 1 ofthis Agreement. This Agreement and the power of attorney referenced herein is to be recorded in the Public Records ofPalm Beach County, Florida, and shall be binding on the Customer and all subsequent transferees, grantees, heirs, successors and assigns. J O. It is agreed that the City shall have no liability in the event there is a reduction, impairment or termination in water service to be provided under this Agreement due to any S:\CA\AGMTS\Water Service\Water Service Agreement - Rev ]-6-06.doc 2 prohibitions, restrictions, limitations or requirements oflocal, regional, State or Federal agencies or other agencies having jurisdiction over such matters. Also, the City shall have no liability in the event there is a reduction, impairment or termination of water service due to acts of God, accidents, strikes, boycotts, blackouts, fire, earthquakes, other casualties or other circumstances beyond the City's reasonable control. 11. The Customer hereby agrees to indemnify, defend and hold harmless the City of Boynton Beach, Florida, its Mayor, Members of the City Commission, Officers, employees and agents (Both in their individual and official capacities) from and against all claims, damages, law suits and expenses including reasonable attorneys fees (whether or not incurred on appeal or in connection with post judgment collection) and costs rising out of or resulting from the Customer's obligation under or performance pursuant to this Agreement including disputes for breach of warranty of title. 12. No additional agreements or representations shall be binding on any of the parties hereto unless incorporated in this Agreement. No modifications or change in this Agreement shall be valid upon the parties unless in writing executed by the parties to be bound thereby. 13. The Customer warrants to the City that Customer holds legal and beneficial title to the property which is the subject of this Agreement. (REMAINDER OF PAGE INTENTIONALLY LEFT BLANK) S :\CA \AGMTS\ Water Service\ Water Service Agreement - Rev 1-6-06.doc 3 AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION BETWEEN THE CITY OF BOYNTON BEACH AND (INSERT NAME) IN WlTNESS WHEREOF, the parties hereto have set their hands and seals this L day of r/)f~~/JA1 ' 2002 WITNESS: ' J.f~q ~~ ..Witness SignatuVvl' II Ve) mLX I ~-("' Printed Witness Name (tcJu~dA;yrM. rns Si ature~ . . f' vr~ - LLbenno. ~ Printed Witn 'ss Name INDlVIDUAL(S) AS OWNER(S): ~,~ CR.cv AJ.-~ Owner Signature . M ~jA/ '/+ E /?/.) R R ~/r ~ Printed Owner Name Witness Signature Owner Signature Printed Witness Name Printed Owner Name Witness Signature Printed Witness Name FOR INDlVIDUAL(S) NOT ARIZA TION: STATE 011 J-hALt'h/ ) oLss' COUNTY oFI-I~.aafik . I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared J}1ariu/ f l3a 'frt"[j} ./ to me known to be the personCs) described in and who executed the foregoing instrument that he/she acknowledged before me that he/she executed the same; that the individual was personally known to me or provided the following proof of identification: FLJJL /3'''0-646- i/I- 8'dll ~'D f}A41 WITNESS my hand and official seal in the County and State last aforesaid this 'I ~ day of '..ttfr~ ' 20ifJ-. . (Notary Seal) . ~ . .. .4~'~ VALORIEMOATS L ~-L.J /J1 1kPL;- My COlllilllsslOn e Iitl~.7f~ MY COMMISSION' 00346198 Notary PublIc \\~ EXPIRES: September 17, 2008 "".Ill BoncIecl Thru NOlIry Public lJndIrwr1ltIa AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION BETWEEN THE CITY OF BOYNTON BEACH AND (INSERT NAME) CITY OF BOYNTON BEACH, FLORIDA a Florida municipal corporation Kurt Bressner, City Manager ATTEST: City Clerk Approved as to form: City Attorney STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared , City Manager and City Clerk respectively, of the City named in the foregoing agreement and that they severally acknowledged executing same in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in them by said City and that the City seal affixed thereto is the true corporate seal affixed thereto is the true corporate seal of said City. WITNESS my hand and official seal in the County and State last aforesaid this ,200_. day of (Notary Seal) Notary Public My commission expires: S :\CA \AGMTS\ Water Service\ Water Service Agreement - Rev 1-6-06.doc 5 ... ",. ""1""1 .-' 2 1 in. = 184.1 feet o 0050 0060 0070 0080 0090 0100 .60 3170 3200 322032303240 3250 03050 3030 3020 3000 2980 30 2550 2560 26002610 2620 o 2420 2380 2360 1920 1931 195019601970198019902000 1810 1791 1780 177017601750174017301720 1710 0810 0791 I 0771 0760 0750 0730 07200710 930 0950 0980 0991 10101020 1030 1141 1130 1120 1100 1090 1061 1280 1300 1311 13401350 90 1390 -....\ 0110 2960 2950 0080 0091 0100 0110 10120 2640 2340 2330 0130 2010 1050 1360 i i .~-_.- BROWN RD 0070 t1 "" ~ i 3400 3410 ~ II >i ~j 0060 0050 0040 0030 0020 3270 3290 3310 3321 33313350 3360 3380 ALTO RD 2930 2910 2890 2871 2850 28402830 2810 2800 2650 267026802690270027102720 2730 2750 2780 2790 _E'E~ 2311 2300 229022802270226~25~~230 2220 2200 .~ 2090 ~11 02~02130 I 2141 I I 2160 2180 2030 2040 2060 2070 HlGHVIEW RD 1690 16801670166016501640 1622 1610 160015901580 1560 0700069oo68oo6700660065op600BtJ006200610060005900571 0560 I I H'GBUVilD RD 0410 0420 0440045004600470 0481 0491051005Qfi83005400550 i i 04000390 0370 0360 0330 0320~ -cnmm 028002700260 0150 0130 0120 0100 I I I I s R'DGE.BLL~-=- ,:,- ~1 "" '''''''' ~ I "50"" ",:",:,,~ i I ' 0160 0170 0190 0200 0220 02400250 .n Location 1049 Highview Rd 0140 I i I I , I II I H II I I i I II ~.I., I I , I ~ o 0250 0281 07 0240 0262 07 0280 0220 0210 0290 1 I 0200 ,I 0190 0320 0171 0330 072 070 069 0671 0160 0660 0341 0150 0360 0641 0140 0631 0130 0371 0120 0390 0610 0110 0100 0100 0400 0410 0600 0420 0590 0080 0430 0570 0070 0440 0050 0450 0560 0540 0030 0530 0010 0510 THIS INSTRUMENT PREPARED BY: James A. Cherof. Esquire Goren. Chercf, Doody and Ezro!. PA 3099 East Commercial Blvd. Suite 200 Ft. lauderdale, Fl 33308 IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Individuals) STATE OF FLORIDA COUNTY OF IlWe, /Yf,1)/.../h;; 8,1f RfV r; tfJJ , hereinafter "Grantee", hereby make, constitute, and appoint THE CITY OF BOYNTON BEACH, FLORIDA, true and lawful attorney in fact for Grantee and in Grantee's name, place and stead, for the sole purpose of executing on behalf of Grantee the power to initiate, maintain, and complete a voluntary petition for annexation of the real property descn'bed herein into the CITY OF BOYNTON BEACH. This power shall extend to the CITY OF BOYNTON BEACH full and complete authority to act on Grantee's behalf to accomplish annexation by any available means. The real property which is the subject of this power is described as follows: PCNNo.: 00 -L\~-~'5- Dot - O~-~ \QO The powers and authority of my attorney, THE CITY OF BOYNTON BEACH, FLORIDA, shall commence and be in full force and effect on the ~ day of ~U~i ' 20Q1 and the powers and authority shall be irrevocable by Grantee. IN WITNESS WHEREOF, we have hereunto set our hands and seals the ~ day of rLL(J,Mf-' in the year 2ot;fJ. / Sealed and deJjvered in the presence 0 f ~a~- Witner Signature \ I ! Ve ma vYJ, er Print Name Q 'I!k~AJL~ Witness Sign ure ~ "~h€rr~- (b{l berrnctjj Print Name ~-<-C'_ ~/1-ct.J' ~ Owner Signature /P14 )t(/9. G BII-A?RGR4 Print Name Witness Signature Owner Signature Print Name Print Name Witness Print Name STATE OF FLORIDA ) ) SS: COUNTY OF PALM BEACH ) ~. . THE FOREGOING_INSTRUMENT was acknowledged before me this e day of -f~, 20ffL, by Itlaf ja . BQ (" f' -t"fCl..../ and , who are known to me or who have produced F).. n"-" , as identification and who did/did not take an oath. 8(,(,cJ'545~48~ eJ.J-O Lk'~ .' fJl-(1k ~~y PUBLIC lJ") . riG- /1oat...s Type or Print Name ,......y, l~\'il'.~. VAlQRIE MOATS i*: .' MY COMMISSION 1/ DO 346198 , EXPIRES: September 17, 2008 , " Bonded Thru NOllIIY PubIlc Undllwritera My Commission Expires: Commission No. IJ D 3lJt, I q P S:\CA\AGMTS\Water SeITicelpower of atty. doc- 1-6-06 H:\1990\900182.BB\AGMf\Power of Attomey-lnd 1-30-{)6.doc . Palm Beach County Property Appraiser Property Search System Page 1 of2 10,~_.MID:""~JJ Location Address: 1049 HIGHVIEW RD Municipality: UNINCORPORATED Parcel Control Number: 00-43-45-09-09-000-2120 Subdivision: RIDGE GROVE ADD 1 IN Official Records Book: 11992 Page: 99 Sale Date: Aug-2000 Legal DescriptiQI1: RIDGE GROVE ADD NO 1 LT 212 Owner Information Name: BARRERA MARIA E ~I'IArc~_1 Mailing Address: PO BOX 618 WEBSTER FL 33597 0618 Sales Information Sales Date Book/Page Price SaleTvpe Owner Aug-2000 13.99:2/0.0.99 Dec-1999 1:t5~4L09Q3- Mar-1998 102_9.5I:t9~2 $45,000 WARRANTY DEED BARRERA MARIA E $32,200 WARRANTY DEED BENDELE JOHN W 2ND $100 WARRANTY DEED ADAMS MELVIN A JR Exemptions Exemption Information Unavailable. Appraisals Tax Year: Improvement Value: Land Value: Total Market Value: Use Code: 0100 Description: RESIDENTIAL * in residential properties may indicate living area. 2006 2005 2004 60.195 41 243 :36 685 35.917 ! 23 323 12.815 96.112 64 566 49.500 Tax Year 2006 Number of Units: 1 *Total Square Feet: 753 Tax Year: Assessed Value: Exemption Amount: Taxable Value: 1.1"&1--111III Tax Values Tax Year: Ad Valorem: Non Ad Valorem: Total Tax: 2.004 965 191 $1 156 TaxCQllector .WebSite NOTE: Lower the top and bottom margins to 0.25 on File->Page Setup menu option in the browser to print the detail on one page. Record Search I InfQrmation I E)(E'mptioQs I Community I EmploymE'nt I NE'wJ-lome Buyer I Off.ice LQcCltions http://www.co.palm_beach.fl.us/papalaspx/web/detail_info.aspx?p_entity=00434509090002...1 /9/2007 All Owner Page] or 1 All Owner(s) peN Number: 00-43-45-09-09-000-2120 Owner Names BARRERA MARIA E http://www.co.palm-beach.tl.us/papa/aspx/web/allOwner.aspx?entity_id=004345090900021...1/9/2007 VI.-CONSENT AGENDA ITEM C.3 ~c...\"f..'.......ol~\ .. \ lll\ j:r o . /0 J- ~ /'V" 'V?-o~~ CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Meeting Dates Date Final Form Must be Turned in to Citv Clerk's Office Requested City Commission Meeting Dates Date Final Form Must be Turned in to Citv Clerk's Office .JM, n CJ--t =i-< -<0 n -" f- CD P10 ;::::J-< ;A..... u..;~ o o~ .,,; ::!", C'):x> .....,C') :I: D December 5, 2006 D January 2, 2007 D January 16,2007 [gj February 13,2007 November 20,2006 (Noon.) D December 18, 2006 (Noon) D March 5, 2007 January 2, 2007 (Noon) D March 20, 2007 January 22, 2007 D April 3, 2007 C> _J C- :x:- February 12, 2007 (Noo~ CO March 5, 2007 (Noon) .." March 19,2007 (Noon) Cd z:- -.J NATURE OF AGENDA ITEM D Announcements/Presentations D Administrative D Consent Agenda D Code Compliance & Legal Settlements D Public Hearing D City Manager's Report D New Business D Legal D Unfinished Business D RECOMMENDATION: Motion to approve the City of Boynton Beach to enter into a two-year service and support agreement with TelVue Virtual Television Networks (TVTN) to remotely organize, update and maintain the city's public access television station at no cost to the city. EXPLANATION: TVTN is a network ofmunicipaIly owned and operated Public, Educational and Government (PEG) cable television channels. TVTN provides municipalities with access to equipment, expertise and supplementary content that augments, but does not replace 10caIly produced programming. TVTN also aggregates these channels; making it easier to attract corporate sponsorship funds by providing a single point of negotiation, distribution and invoicing. TVTN services are provided to municipalities free of charge in exchange for all owing TVTN to broker the network to corporate and local sponsors. TVTN account representatives wiIl work with city staff to gather video, photos and copy. Their designers use that material to create fuIl motion video station ID's, various screen templates with photo backgrounds, and professional voice narration within a unique customized program wheel designed specificaIly for our channel. PROGRAM IMP ACT: In an era when corporate consolidation is threatening media localism and advertising clutter is eroding effectiveness, TVTN provides a truly local, clutter free television medium that benefits all parties. FISCAL IMPACT: (Include Account Number where funds will come from) TVTN is provided to municipalities free of charge in exchange for aIlowing it to broker the network to corporate and local sponsors. TVTN provides a local, clutter free television medium without passing the cost along to either tax payers or cable subscribers. ALTERNATIVES: The ITS staff also evaluated several other vendors including, Magic Box, Tightrope Media Systems, Frame Rate, and Helius. TelVue was the only vendor to provide a distributed network for zero cost. The other vendor's prices range from $225 for a single PowerPoint licenses to $16,000 for a comprehensive turnkey solution. Do not enter into this service and support agreement. Purchase the necessary equipment to produce fuIl motion video station ID's, screen templates, photo backgrounds, and professional voice narration. This equipment will cost approximately $45,000. City staff could approach sponsors on an individual basis. S:\BULLETIN\FORMSlAGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM ~). 1~~ Ity Manager's SIgnature Assistant to City Manager ~. ~City Attorn,y / Finan" , / , Department Name S\BULLETIN\FORMSlAGENDA ITEM REQUEST FORM.DOC 1 2 3 4 5 6 7 8 9 10 11 12 13 14 RESOLUTION NO. R07- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A TWO-YEAR ACCESS CHANNEL SERVICE AND SUPPORT AGREEMENT WITH TEL VUE CORPORATION TO REMOTELY ORGANIZE, UPDATE AND MAINTAIN THE CITY'S PUBLIC ACCESS TELEVISION STATION AT NO COST TO THE CITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, TelVue (TVTN) is a network of municipally owned and operated 15 Public, Educational and Government cable television channels which provides municipalities 16 with access to equipment, expertise and supplementary content that augments, but does not 17 replace locally produced programming; and 18 WHEREAS, upon recommendation of staff, the City Commission has determined that it 19 is in the best interests of the residents of the City to approve and execute an Access Channel 20 Service and Support Agreement with TelVue Corporation to remotely organize, update and 21 maintain the City's public access television station at no cost to the City. 22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 23 24 25 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 26 being true and correct and are hereby made a specific part of this Resolution upon adoption 27 hereof. 28 Section 2. The City Commission ofthe City of Boynton Beach, Florida, hereby 29 authorizes and directs the City Manager to execute an Access Channel Service and Support 30 Agreement with TelVue Corporation to remotely organize, update and maintain the City's S :\CA \RESO\Agreements\ T elVue.doc 1 public access television station at no cost to the City, a copy of said Agreement is attached 2 hereto as Exhibit "A", 3 Section 3. This Resolution shall become effective immediately upon passage. 4 PASSED AND ADOPTED this _ day of February, 2007. 5 6 7 CITY OF BOYNTON BEACH, FLORIDA 8 9 10 Mayor - Jerry Taylor 11 12 13 Vice Mayor - Jose Rodriguez 14 15 16 Commissioner - Ronald Weiland 17 18 19 Commissioner - Mack McCray 20 21 22 Commissioner - Carl McKoy 23 ATTEST: 24 25 26 City Clerk 27 28 (City Seal) 29 S :\CA IRE SO\Agreements\ T elV ue .doc [iVTNsm TelVue Virtual Television Networks ACCESS CHANNEL SERVICE AND SUPPORT AGREEMENT (Sponsorship) This Access Channel Service and Support Agreement (Sponsorship) ("Agreement") is made and entered into as of the __ day of _, 20_, by and between TelVue Corporation, a Delaware corporation with its principal place of business at 16000 Horizon Way, Suite 500, Mt. Laurel, NJ 08054 ('TeIVue"), and City of Boynton Beach, a FL municipality or school district, with its principal place of administration located at 100 East Boynton Beach Blvd., Boynton Beach, FL 33435 ("Customer"). WHEREAS, A. TelVue has developed a proprietary system (the "System", as further defined herein) to assist municipalities, school districts and others in remotely organizing, updating and maintaining the content of their cable television access channel(s); and B. Customer desires to have TelVue supply the System and its TelVue Virtual Television Network Service (together, the "Services"), and TelVue desires to supply the Services to Customer at no charge to Customer for an initial two (2)-year period; and C. TelVue and Customer believe that the costs of the Services may be supplied to TelVue through sponsorships ("Sponsorships") by third party sponsors (each, a "Sponsor") to be carried on customer's access channel(s) as part of the Services. NOW, THEREFORE, in consideration of the premises set forth above and the mutual covenants contained herein, and intending to be legally bound hereby, TelVue and Customer agree as follows: 1} ProyjsiQQ of Seryice_~, a) There shall be no charge by TelVue to Customer for the Services for the first two (2) years of this Agreement. Thereafter, a charge for the Services may be made, but only if TelVue determines that revenues from Sponsorships are insufficient to cover its normal charges for the Services, and Customer agrees to pay for the Services, all as more fully provided hereafter in this Agreement. b) During the term hereof, Customer shall have a license to use the Services solely in connection with the designated access channel(s) ("License"). The Services will remain at all times the property of TelVue, and nothing herein shall be deemed to grant to Customer any right, title or interest in or to the Services, or any portion thereof, other that the License. e) Customer may not give, sell, lease, assign copy, sublicense or otherwise transfer. in whole or in part, this Agreement, the License, the Services, other TelVue-provided materials, or any licenses or rights granted hereunder, except as approved by TelVue in writing. 2) C_\Jstomer Obligations. a) Customer shall provide TelVue with access to Customer's technical personnel, facilities, systems, databases and information as necessary or appropriate for TelVue to perform its obligations under this Agreement. b) Customer shall appoint a Coordinator to act as liaison between Customer and TelVue. If there is equipment to be located at the Customer location, Customer shall provide and maintain a suitable installation site for such equipment, and shall provide all necessary electrical, cable and modem connections to such location(s). Except as otherwise expressly provided herein, Customer and its users shall have sole responsibility for acquiring and maintaining their own technology environment, including without limitation PC's, laptops, operating systems, servers, Internet access, local area networks and wide area networks (collectively, the "Customer Environment'). Customer hereby represents and warrants to TelVue that the Customer Environment will meet or exceed the minimum requirements for same set forth on Exhibit C hereto. Except as otherwise provided herein, Customer shall be responsible for making any necessary modifications to the Customer Environment, including without limitation all firewalls, proxy servers and other hardware and software, necessary to access or use the System. c) The License granted hereunder is for the object code version of the Software and TelVue-Provided Content only. Customer has no rights to the source code for the Software or the TelVue-Proviaed Content. Customer shall not, and shall not permit anyone under Customer's direction or control to, reverse engineer, disassemble, de-compile or remove any identifying mark of TelVue or its Licensors from the Software or the TelVue-Provided Content or 16000 Horizon Way, Suite 500, Mt. Laurel, NJ 08054 Ilr,nti Tel -1.800.885.TVrN (8886) Fax-l.856.866.7411 www.tvtn.tv attempt to do so. Customer may not modify, adapt translate or create derivative works of the Software or the TelVue-Provided Content without TelVue's express written consent. The System !s licensed as a single product The Software and the TelVue-Provided Content may be used only In conjunction with the System d) Customer shall be solely responsible for all content supplied by Customer. Customer represents and warrants to TelVue that such content will not violate or infringe any copyright, patent trademark. trade secret. confidentiality or other proprietary right of any third part. e) Customer hereby represents and warrants to TelVue as follows (i) Customer has the full power and authority to make, execute, deliver and perform this Agreement, and such execution, delivery and performance have been duly authorized by all necessary action on the part of Customer: (ii) the execution, delivery and performance of this Agreement by Customer does not contravene or conflict with, or constitute a breach of, any agreement to which Customer is a party. 3) IrC3_dgrDarls.-"l.!lclJ~.LJ_~tQ..rr:lElLC::;-.9ntentl::~ElIl_~E). Customer hereby grants TelVue a license to use and modify content supplied by Customer as necessary or appropriate in performing the Services hereunder andlor in marketing and advertising materials describing the Services. 4) 1r:n.....QlE)mElIlt?1iQQL\I~ld!2:.6dd~c;Jjl.Qcl Ad(jjtI9JiC3t Se.l'{iGE)~. a) In connection with establishing connectivity to the System, TelVue shall provide Customer the implementation, installation, training and other services set forth on Exhibit D hereto (collectively, the "Implementation Services") b) From time-to-time during the term hereof, Customer may desire to have TelVue perform certain additional services ("Additional Services"). TelVue shall perform such Additional Services as agreed in writing by the parties subject to the terms and conditions hereof. 5) $LJPJ1Q!1~gr:",'jYEl~, During the term of this Agreement, TelVue will furnish Customer support services In connection with the Software (the "Support Services") in accordance with TelVue's then-current support policies and procedures Any services requested by Customer and provided by TelVue outside the scope of the Support Services shall be billable on a time and materials basis at TelVue's then-current rates. 6) .s.PQrLs.QJ~bip_S~\!ic;~s. a)TelVue shall have the exclusive rights to sell Sponsorships to be carried on the access channel(s) that carries the Services. Sponsorships shall be strictly limited to those Sponsors that qualify under the guidelines of the PubliC Broadcasting stations as shown on Exhibit G. All fees paid for the Sponsorships shall be paid to TelVue Customer shall not Invoice for or collect Sponsorship fees, and shall promptly (but in any event within five (5) days after receipt) remit to TelVue any Sponsorship fees received by Customer. b) From time to time a Corporate Sponsor may conduct or support a local event and may wish to notify the public about these events. Customer agrees to approve and air such announcements. 7) IE)rm an~d_l.ElrminC!ti9n., a) The initial term of this Agreement shall be for five (5) years commencing on the launch date of the Service (the "Initial Term"). Thereafter upon the written agreement of both parties, this Agreement may be renewed for additional one (1) year terms ( "Renewal Term"). Each renewal must be made within 90 days of the expiration of the then current term. b) Notwithstanding, this Agreement may be terminated as follows i) The intent of the parties is that the Services will be provided with no charge to Customer and supported by Sponsorship revenues received by TelVue and no charge shall be made to Customer for the Services for the first two (2) years of this Agreement. However, if at any time after the first two (2) years of this Agreement TelVue determines that Sponsorship revenue is insufficient to cover its normal charge for the Services supplied Customer, TelVue may, by ninety (90)-days' prior written notice, provide Customer with the option of paying fees specified by TelVue for continuation of the Services or terminate the Agreement. Failure of Customer to respond to the option within the ninety (90)-day period shall be deemed to be an election by Customer to continue the Agreement and pay the specified fees for the Services. ii) By either party, In the event of a material breach hereof by the other party, which bl"each remains uncured thirty (30) days after written notice thereof is given to the breaching party; or iii) By TelVue, in whole or in part, immediately if TelVue ceases providing the Services to its customers generally. 1 RQrQP Horizon Way, Suite 500, Mt. Laurel, NJ 08054 Tel" 1.800.885.TVTN ( 8886) Fax - 1.856.866.7411 www.tvtn.tv 8) !?J"Qpriet3JLRights; Confidentialit)'. a) As between TelVue and Customer, TelVue and its Licensors shall own all right, title and interest (including without limitation all Proprietary Rights) in and to the System and the TelVue-Provided Content and all components, reproductions, modifications or derivative works thereof, in whole or in part. b) Customer acknowledges and agrees that the Software shall constitute Confidential Information of TelVue for all purposes hereof. Confidential Information shall not include any information which (i) is or becomes available to the public other than as the consequence of a breach of any obligation of confidentiality; (ii) is actually known to or in the possession of Recipient without any limitation on use or disclosure prior to receipt from Disclosing Party' (iii) is rightfully received from a third party in possession of such information who is not under obligation to the Disclosing Party not to disclose the information; or (iv) is independently developed by Recipient without access to the Confidential Information; or (v) is required by customer to be made known by statute, courts or other legal regulation. . 9) Limited Warranty. a)TelVue will use commercially reasonable efforts to correct any error or defect in the Services (each, an "Error"), provided that Customer timely reports such Error to TelVue in writing and assists TelVue in documenting or replicating such Error. In the event that TelVue determines that any reported Error was not caused by the Services, but was the result of a cause within Customer's control, TelVue shall be entitled to reimbursement from Customer for time and materials expended by TelVue in identifying and rectifying such Error. b) TelVue does not warrant that operation of the Services shall be uninterrupted or error free or that TelVue will be able to correct all Errors. To the extent that data is being transmitted over the Internet hereunder, Customer acknowledges that TelVue has no control over the functioning of the Internet and TelVue makes no representations or warranties of any kind regarding the performance of the Internet. TelVue has no responsibility for the accuracy, appropriateness, continuity or availability of TelVue-Provided Content. 1 O)lnd~rDnification. TelVue shall defend, indemnify and hold Customer harmless from and against any and all claims (including any claim or action brought by Customer's cable television operator), liabilities, damages, demands, penalties and expenses (including, without limitation, court costs and attorneys' fees) arising out of or in connection with (a) access to and/or use of the System by TelVue or the TelVue-Provided Content, including Sponsorships, (b) any claim that the System infringes on the Proprietary Rights of any Third Party, or (c) any breach by TelVue of any representation. warranty or covenant of TelVue hereunder Customer shall, to the same extent, defend, indemnify, and hold TelVue harmless from any use of the System by Customer. .11 )Miscellflneous. This Agreement is made under and shall be governed by construed in accordance with the laws of the States of New Jersey. IN WITNESS WHEREOF, the parties hereto have, by their duly authorized representatives, executed this Agreement as of the date first above-written. TELVUE CORPORATION ("TeIVue"): CITY OF BOYNTON BEACH ("Customer"): By: By: Title: Title: Date: Date: lpQQO Horizon Way, Suite 500, Mt Laurel, NJ 08054 Tel- 1.800.885.TVTN(8886) Fax-1.856.866.7411 www.tvtn.tv Exhibit List: A. Channel B. Hardware and Software C. Minimum Requirements of Customer Environment D. Implementation Services E. Value-Added Services F. Fees G. TVTN Sponsorship Guidelines 1R~QO Horizon Way, Suite 500, Mt. Laurel, NJ 08054 Tel - 1.800.885.TVTN ( 8886) Fax. 1.856.866.7411 wwwtvtn.tv . Channel Number: . Access Type: Government . Cable Operator: Adelphia . Exclusive or (shared with): Shared 1;1< bip it ~ ~b a n IJ.13J Agreement by and between TelVue Corporation and City of Boynton Beach dated January 8, 2007. 1 fiQQO Horizon Way, Suite 500, Mt. Laurel, NJ 08054 Tel - 1.800.885.TVTN ( 8886) Fax - 1.856.866.7411 www.Mn.tv Exhibit B ~-------- Hardware and Software _.~-----~--- LS-RQ!J~_QJ~hij::>Model ) · Switching Hardware will be installed on the feed to the Cable Operator for recognizing the switching between the TVTN Feed and alternate sources of video. so that Sponsor Acknowledgment verification can be performed. · Equipment capable of "playing proprietary multi-media program screens and digital video movies, as well as receive text messages from remote locations and display those messages. · Information Screens (screens that contain programming codes that will display a multi-media presentation that can contain: Photographic backgrounds, foreground photographic images. text, animations, voice-over narration, short digital video clips.) . Design and production of video screen templates comprised of photographic background, logos and text. Some containing voice over announcements describing their contents. . Remote access capability for updating text message pages using TVTN's proprietary Internet based WEBUSR system. Users can post text community announcements or trusted users can generate emergency announcements. . Local emergency screens and related WEBUSR connectivity. . School emergency closing screens and related WEBUSR connectivity. . Weather screens that can be updated remotely from a weather service to be provided as part of the monthly support program. . Local traffic conditions screen that can be updated from local traffic cameras (if the data is available in your area). . Store and archive video (MPEG) on the TVTN Media Player. . Contain a program wheel. . Scans of photographs for production of templates and program wheel. . Full motion video based station breaks and channel IDs. . Audio library of screen setups and generic announcements. . Firewall device for installation on High-Speed Internet access connection. Agreement by and between TelVue Corporation and City ~)f Boynton Beach dated January 8, 2007.. lQQQO Horizon Way, Suite 500, Mt. Laurel, NJ 08054 Tel - 1.800.885.TVTN ( 8886) Fax - 1.856.866.7411 www.tvtn.tv Exhibit C Minimum Requirements When Installed at Customer's Location Site Preparation: . Secure, adequate desktop or equipment rack space (minimum 4 U), in an environmentally controlled space, to accommodate the TVTN Media Player within 100 feet of the Cable Operator supplied Channel Modulator. . Uninterruptible AC power source to accommodate up to a quantity of 4, 115 volt-20 amp receptacles . An operational High-Speed Internet Access connection (minimum 768K down, 128K up or better), with an IP address, and open access to the Internet so that TelVue may install its Firewall/VPN equipment. . Calibrated Video Signal for each channel(s) supplied from the serving Cable Operator's Channel Modulator. . Customer extends a coax cable connection from the Channel Modulator, and a Category 5, 5e or 6 network connection from a High-Speed Access demarcation, each not to exceed 100 feet, and each to terminate where the TVTN supplied Media Player will be located. . Minimum of one WEBUSR capable desktop or laptop. . A site survey conducted by TVTN personnel or their agents may determine that more minimum requirements may be required, based on the customer's facility. Implementation Phase: . Access to and support from technically proficient individuals familiar with the Cable Operator Channei Modulator connectivity and the customer managed WAN and LAN connectivity during the Implementation Phase. . Minimum of one customer-designated individual for the on-site training and WEBUSR testing. Agreement by and between TelVue Corporation and City of Boynton Beach dated January 8, 2007. 1RQQO Horizon Way, Suite 500, Mt. Laurel, NJ 08054 Tel - 1.800.885.TVTN ( 8886) Fax - 1.856.866.7411 www.Mn.tv Exhibit D LQJQL~D1ElD!9!iQn SElryi~~_~ TelVue shall implement within days of the execution of this agreement or by _ 20 _ . whichever is later. complete system capable of activation on the customer's Cable Access Channel. and includes the following features . Installation and use of the hardware and software for the designated contract. . Setup of content for the initial program wheel. . Scans of up to twenty five (25) photographs provided by Customer for production of templates and program wheel. . Record up to twenty five (25) generic Audio Announcement Library messages. . Develop up to four (4) category Templates for WEBUSR Screens. . Create up to tenfour category Bumper Screens with Audio. . Create up to four (4) local Emergency Alert Templates with "Instant Insertion". . Setup of school closing screens four (4) with "Instant Insertion". . Production of up to two (2) full motion video based station break channel 10. From video provided by Customer. . Setup of a series of Weather screens that can be updated remotely from a weather service to be provided as part of the monthly support program. . Setup of local traffic condition screen that can be updated from FLDOT (if the data is availa from them). . Setup for one administrator and up to twenty (20) users (either "trusted" or "moderated" in any combination Customer selects). Users can post text community announcements or trusted users can generate emergency announcements. . Development of Network Content Templates. Agreement by and between TelVue Corporation and City of Boynton Beach dated January 8, 2007. 1 fjQ,,QO Horizon Way, Suite 500, Mt Laurel, NJ 08054 Tel - 1.800.885.TVTN ( 8886) Fax- 1.856.866.7411 lNWW.tvtn.tv Exhibit E Value-added Services During the term of this agreement, TelVue will provide to the customer in consideration for the monthly support fee: Monthly Services Include: . Use of the TVTN Media Player. . Maintenance and repair of all TVTN provided equipment and software at Installed location. . Emergency equipment replacement or repair. . Twenty-four hour, seven-days a week remote monitoring of TVTN equipment with the ability to diagnose hardware and software problems, repair them and reboot the player. . Distribution and scheduling management of up to two hundred (200) total channel screens. . Capability to display up to twenty (20) High Production Screens . Delivery of TVTN formatted information and programming from third party governmental and educational sources. . Licensing and server support for five (5) WEBUSR users (remote access). . Production of up to four (4) "highly produced" screens (Photos, video clips, headlines, animations, graphics and audio voiceover) for special events, from materials and copy provided by Customer, or Superuser status. TVTN superuser status allows a user to create their own High Production Screens. . As needed Program Wheel Screen Position adjustments. . Up to included Video to MPEG Conversion (:30 seconds per conversion). . Weather forecasting licensing service to run on the weather screen. . Real Time Traffic (if available). . TVTN County, State & Federal Network (if available). . PSA-Public Service Announcements. Agreement by and between TelVue Corporation and City of Boynton Beach iated January 8, 2007. 1AQQO Horizon Way, Suite 500, Mt. Laurel, NJ 08054 Tel - 1.800.885.TVTN (8886) Fax- 1.856.866.7411 www.tvtn.tv Exhibit F --_.~---~--_._--- Fees (First two years waived under Sponsorship Plan) Start-Up Charge: $12,000.00 Monthly Service Fee: $ 500.00 Billing Infonnation Address: Attention: Purchase Order or File #: []Quarterly Billing OA.nnual Billing or Agreement by and between TelVue Corporation and City of Boynton Beach dated January 8. 2007. 1pQQO Horizon Way, Suite 500, Mt. Laurel, NJ 08054 Tel - 1.800.885.NTN ( 8886) Fax- 1.856.866.7411 www.tvtn.tv Exhibit G TVTN Sponsorship Guidelines In order to meet non-commercial requirements TVTN has set out guidelines that are followed Public Broadcasting Stations: Sponsorship Acknowledgment Guidelines (PBS-Iike): Permissible: Name ofproduct(s) and/or service(s) 1. Up to : 15 seconds of acknowledgement 2. Name ofproduct(s) and/or service(s) 3. Company location 4. Number of years in business 5. E-mail address or website (preferably visually depicted) 6. Telephone number 7. Non-promotional, value-neutral descriptions of products or services 8. Use of well-known mottos or slogans that are non-promotional in nature 9. Signature music or appropriate sound effects as a means of enhancing visual and voice-over that are non-promotional in nature Non-Permissible: I. Overt promotion of products or services 2. Price reference 3. Call to action or inducement to buy 4. Comparative or qualitative descriptions of products or services 5. Third-party reviews (from newspapers, magazines, etc.) Standards and Practices: Sponsorships will not be accepted from the following: I. Liquor stores or bars or other establishments whose primary business is the sale of alcohol. (Restaurants that serve alcohol excluded, provided alcohol is not mentioned in the acknowledgement). 2. Any manufacturer or distributor of beer, alcohol or tobacco. 3. Any entity that promotes the use or sale of illegal drugs or drug paraphernalia. 4. Adult bookstores, adult movie houses and video dealers or strip clubs or any other entity that provides adult oriented content or products by mail-order or through the internet. 5. Political parties, lobbying groups, political action committees or cause based organizations. 6. Direct Broadcast Satellite services or competitive media. 7. Any illegal or off shore gambling entity or entity that provides infonnation that enables or can be associated with illegal gambling. 8. Manufacturers or sellers of fireanns, ammunition, gun repairs, accessories, targets, stun guns, tear or pepper gas dispensers, and ritle and pistol ranges. Retailers who sell other products not fireann related can be sponsors provided they do not promote fireanll related products (for example, department stores and sporting goods stores). 1RQQO Horizon Way, Suite 500, Mt. Laurel, NJ 08054 Tel-1.800.885.TVTN(8886) Fax-1.856.866.7411 www.tvtn.tv SlCc,.",-t ,,V 0;::'"" / \ 1 " III \ l:r 0' IU J-"" ,,,/,, "V l' -^~ ON v VI.-CONSENT AGENDA ITEM C.4. 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 December 5, 2006 November 20,2006 (Noon,) D D January 2, 2007 December 18, 2006 (Noon) D March 5, 2007 February 12,2007 (Noon) D January 16, 2007 January 2, 2007 (Noon) D March 20, 2007 March 5, 2007 (Noon) ~ February 13,2007 January 22, 2007 D April 3, 2007 March 19,2007 (Noon) NA TURE OF AGENDA ITEM D AnnouncementslPresentations D Administrative ~ Consent Agenda D Code Compliance & Legal Settlements D Public Hearing D City Manager's Report D New Business D Legal D Unfinished Business D RECOMMENDA TION: Motion to approve and execute by resolution, Task Order No. U07-20-1 with Wantman Group, Inc. in the amount of $591,280 to provide engineering services for route analysis, field survey, design, permitting and bid phase services for the Regional Force Main and SE 6TH Avenue Lift Station Project. Additionally, approve an owner's contingency of 10% in the amount of $59,128 for a budget appropriation of $650,408. The Wantman Group is under master contract with the City per Resolution 06-050 approved February 21, 2006 by the City Commission. EXPLANATION: Wantman Group, Inc. has been requested to design a new lift station to intercept flow and alleviate the over capacity on existing lift station 356, and to provide an alternate force main to the existing force main along Ocean Avenue in accordance with the "Lift Station 356 Wastewater Conveyance System Capacity Analysis" as prepared by CH2M Hill dated December 2003. Lift Station (LS) 356 is the largest lift station in the City. It is located east of US 1 off Boynton Beach Boulevard and services almost all of the area from the Boynton Canal to Gulfstream Boulevard, between 1-95 and the Intracoastal Waterway. The LS 356 system includes gravity sewer, force main, tributary lift stations and manholes to convey the wastewater to the South Central Regional Wastewater Treatment Plant on Congress Avenue in Delray Beach. Sections of the LS 356 collection system are more than 50 years old. The area serviced by LS 356 between US 1 and the Intracoastal has experienced redevelopment growth and further development as part of the City's Central Business and Marina Districts. This S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC Sl' -t:_<::.;::. / " '\ tIJ\ lr 0\ . /0 ;- '-, ,/" ~-~~ l'0 N ~ CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM area once consisted of light industrial, small strip malls, single-family homes, vacant lots and some apartment complexes; proposed new zoning will be 40 to 80 units per acre. The City is concerned that portions of the existing LS 356 cannot meet peak demands, especially during rain events, and density increases through redevelopment would make the system even more marginal. LS 356 discharges through a 20-inch diameter force main to the City's main trunk line at the intersection of Ocean and Congress Avenues; the trunk line continues south to the regional wastewater plant in a 36-inch diameter force main. This force main network is near capacity and has additional negative impact from other contributing lift stations. In 2002, the City engaged CH2M Hill to perform the "Lift Station 356 Wastewater Conveyance System Capacity Analysis" and the implementation of this project is the result of the study. As redevelopment and growth demands, additional components of this study will be implemented. PROGRAM IMPACT: As detailed in Task Order No. U07-20-1, the Wantman Group, Inc. will provide professional engineering services to design and permit a new lift station and force main to the regional wastewater plant. Additionally, the project will include an interconnection with the 20-inch force main at SE 1ST Street and East Ocean Avenue to provide a by-pass in the event of an interruption of service with either the 20-inch or 36-inch pipeline. The new lift station will divert capacity from LS 356 by intercepting all gravity flow south of Woolbright Road between 1-95 and the FEC Railroad tracks. The new lift station will be located at the SW corner of Pence Park. Task Order No. U07-20-1 encompasses the following tasks to address current over capacity situations within the LS 356 wastewater conveyance system; and, the anticipated future demands due to redevelopment. . Route Analysis o Review existing utilities' systems to determine the most feasible route for the wastewater force main . Field Survey o Prepare scope of services for field survey of approximately 22,000 feet of roadway based on the outcome of the Route Analysis . Design o Design drawings for construction of new force main, force main interconnect and new lift station S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM . Subconsultants o Geotechnical engineer - subsurface investigations o Structural engineer - structural design for lift station o Electrical engineer - electrical design for lift station o Acoustical engineer - sound abatement . Permitting o Palm Beach County Health Department o Palm Beach County Rights-of-Way o Lake Worth Drainage District o Florida Department of Transportation o CSX and FEC Railroad Rights-of-Way · Bid Phase Services o Two separate bid packages (Force Main and Lift Station) FISCAL IMPACT: Funds are available in Utilities CIP account #404-5000-590-96-03 SWR114. AL TERNA TIVES: In order to meet current over capacity situations and future redevelopment and new development, there is no alternative. Kofi Boateng, Utilities Director ~ Kurt Bressner, City Manag~r Utilities Department Department Name ~ Carisse LeJeune, Assistant to City Manager -\c- City Attorney / Finance Attachment - Three (3) original Task Orders bc: Kofi Boateng, Utilities Director Pete Mazzella, Deputy Utilities Director Chris Roschek, Engineering Division Manager Paul Fleming, Sr. Project Manager Barb Conboy, Manager Utilities Admin/Finance Project File S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 RESOLUTION NO. R07- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, APPROVING AND AUTHORIZING 5 EXECUTION OF TASK ORDER NO. U07-20-1 WITH 6 W ANTMAN GROUP, INC., TO PROVIDE 7 ENGINEERING SERVICES FOR ROUTE ANALYSIS, 8 FIELD SURVEY, DESIGN, PERMITTING AND BID 9 PHASE SERVICES FOR THE REGIONAL FORCE MAIN 10 AND SOUTHEAST 6TH AVENUE LIFT STATION 11 PROJECT IN THE AMOUNT OF $591,280.00, PLUS AN 12 OWNER'S CONTINGENCY OF 10% IN THE AMOUNT 13 OF $59,128.00 FOR A TOTAL BUDGET APPROPRIATE 14 OF $650,408.00; AND PROVIDING AN EFFECTIVE 15 DATE. 16 17 18 WHEREAS, Wantman Group, Inc., has been requested to design a new lift station to 19 intercept flow and alleviate the over capacity on existing lift station 356, and to provide an 20 alternate force main to the existing force main along Ocean Avenue in accordance with the 21 Lift Station 356 Wastewater Conveyance System Capacity Analysis as prepared by 22 CH2MHill dated December, 2003; and 23 WHEREAS, the task order was negotiated usmg the General Consulting and 24 Engineering Services Contract (RFQ #065-2821-03/CJD), which was renewed and approved 25 by the City Commission on February 21, 2006; and 26 WHEREAS, the City Commission of the City of Boynton Beach upon 27 recommendation of staff, deems it to be in the best interest of the citizens of the City of 28 Boynton Beach to approve and authorize the execution of Task Order No. U07-20-1 with the 29 Wantman Group, Inc., to provide engineering services for route analysis, field survey, design, 30 permitting and bid phase services for the Regional Force Main and Southeast 6th Avenue Lift 31 Station project in the amount of $591,280.00, plus an owner's contingency of 10% in the S.ICAIRESOlAgreementslTask - Change OrderslWantman Group - U07-20-1,doc amount of$59,128.00 for a total budget appropriate of$650,408.00. 2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 3 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 4 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 5 being true and correct and are hereby made a specific part of this Resolution upon adoption 6 hereof. 7 Section 2. The City Commission of the City of Boynton Beach, Florida does 8 hereby approve and authorize the execution of Task Order No. U07-20-1 with the Wantman 9 Group, Inc., to provide engineering services for route analysis, field survey, design, permitting 10 and bid phase services for the Regional Force Main and Southeast 6th Avenue Lift Station 11 project in the amount of $591,280.00, plus an owner's contingency of 10% in the amount of 12 $59,128.00 for a total budget appropriate of $650,408.00, a copy of which is attached hereto 13 as Exhibit "A". 14 15 16 Section 3. This Resolution shall become effective immediately upon passage. {REMAINDER OF PAGE INTENTIONALLY LEFT BLANK} S:\CA\RESOlAgreements\Task - Change Orders\Wantman Group - U07-20-1.doc PASSED AND ADOPTED this _ day of February, 2007. 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 (Corporate Seal) CITY OF BOYNTON BEACH, FLORIDA Mayor - Jerry Taylor Vice Mayor - Jose Rodriguez Commissioner - Ronald Weiland Commissioner - Mack McCray Commissioner - Carl McKoy S.\CA\RESOlAgreements\Task - Change Orders\Wantman Group - U07-20-1doc TASK ORDER NO. U07.20.1 · Regional Force Main Project (Ocean Avenue to the Regional Waste Water Treatment Plant located on Congress Avenue and the LWDD 30 Canal). Field Survey, Final Design, and Permitting for the force main improvements and the S.E. 6th Avenue waste water lift station. A. Background Wantman Group, Inc. (CONSULTANT) has been requested to design a new lift station to intercept flow and alleviate the over capacity on existing lift station 356, and to provide an alternate force main to the existing force main along Ocean A venue in accordance with the "Lift Station 356 Wastewater Conveyance System Capacity Analysis" as prepared by CH2MHill dated December 2003. The City of Boynton Beach (CITY) has requested that the CONSULTANT provide the route analysis, field survey, design, permitting and bid services to the CITY in the execution of this project. The project is to be executed using the traditional design, bid, and construction method. It is not the CITY's intention to update or re-confirm the CH2MH Study. The CITY is to provide the sizing of the force main and the lift station to the CONSULTANT. The CITY has requested that the CONSULTANT prepare two (2) separate sets of plans. The first set is for the Force Main and the second set is for the Lift Station. The projects are to be bid and constructed independent of each other. B. Scope of Services Task 1 - Route Analysis CONSUL T ANT will review existing water, sewer and other utilities, and existing right- of-way maps to determine the most feasible route for the waster water force main. CONSUL T ANT shall make field visits to assist in the route selection. Page 1 of 12 Task 2 - Field Survey CONSULTANT will prepare a scope of services for the execution of a route survey for approximately 22,000 feet of roadway within the project area. The survey will begin by compiling existing right-of-way information along the proposed corridor. The survey will identify all above ground features within the right-of-way and will extend 5 feet beyond the limits of the right-of-way into private property to collect topographic elevations, conflicts, and encroachments that may affect the design. As part of the scope, the CONSULTANT will collect existing topographic elevations along the center-line of pavement, at the edge of pavement, bottom of swale and at the edge of the right-of-way. Specific utilities to be identified will include manholes (sanitary and stormwater), catch basins, valves, water meters, and utility poles. All vegetation (trees and shrubs) located within the right-of-way will be located. Wherever possible, the CONSULTANT will remove manhole covers and identify invert elevations for sanitary and stormwater utilities. The CONSULTANT will obtain copies of atlas sheets from the CITY for water, sanitary, stormwater, and traffic control, and incorporate these utilities wherever present. The CONSULTANT will prepare survey on full sized drawings at a l-inch equals 20 feet (20: 1) scale and submit the survey in both electronic and paper copies. CONSUL T ANT will review the survey and make necessary changes and collection of additional information prior to submission and review by the CITY. Following the review and approval of the base survey, the CONSULTANT will submit the drawings to local utility companies (gas, telephone, communications, and electric) to incorporate information regarding the locations and sizes of underground utilities. Additional utility information will be added to the survey to show the approximate location, however, the CONSULTANT will not certify its exact placement. CONSUL T ANT will excavate critical utility crossings by utilizing "SOFT DIG" to obtain an x y z coordinate. Soft dig utilizes a vacuum system that can open a hole approximately 6 inches wide and 8 feet deep. CONSUL T ANT understands that the CITY is developing a survey / CADD standard. Therefore, the survey will be prepared using industry standards (Florida State Plane) and CITY's formatting guidelines. The CITY may provide and hang notices on door knobs to notify homeowners that survey crews will be working in the area. Task 3. Design The CONSULTANT will provide professional engineering services to the CITY for the construction of approximately 22,000 feet of a new force main (FM) and installation of a new lift station (LS). The new FM will consist of 20 to 24 inch diameter epoxy lined ductile iron pipe and fittings. At the crossing of 1-95, a HDPE pipe will be upsized to accommodate for the thicker wall thickness. Page 2 of 12 The LS shall be a tri-plex pump station with VFD and a capacity of approximately 3,000 to 5,000 gallons per minute (gpm), and will include a short section of gravity sewer main from the existing main on SE 6th Avenue to the proposed wetwell. A generator similar to the one installed at the East Water Treatment Plant and controlled air will be included (ie: Self contained with belly tank). The work will include preparation of Drawings and Specifications to be used for bidding and construction. The CONSULTANT will provide two (2) separate design packages, one for the FM and one for the LS. The specific scope of services to be provided by CONSULTANT in this Task Order include the following: 1. Call utility location company Sunshine State One Call to verify utility locations. Perform site investigation activities including a "field survey" of the project area to verify water line, sanitary sewer, and other utilities locations and alignments are consistent with that shown on utility record drawing information. Verification is to be by visual observation of surface features of utilities (i.e., manholes, valve boxes, cable boxes, fiber optic markers, etc.). At critical points, "Soft Dig" will be used to locate and verify locations of existing utilities. For purposes of providing an estimate, it is assumed that 25 holes will be needed. If additional are needed, this will be considered an extra. 2. Review available utility plans, atlases, and maps of the area for location of existing utilities. Coordinate the proposed force main alignment with existing utility alignments to avoid conflictive routings to the extent possible. 3. Swale improvements and sidewalk replacement will be depicted by use of typical standard sections and details keyed to the plan drawings. Driveways will likewise be regraded and replaced as indicated on typical standard restoration details contained in the drawings. 4. Surface details such as fences, sidewalks, walls, curbs, vegetation, signs poles, etc. will be noted to the extent that they may be materially affected by the construction of the force main. 5. Existing underground utilities will be shown on the Drawings based on available information obtained from CITY and as verified by the field survey information discussed above. Utilities shown are only those located within the work area that will materially effect construction of the improvements (i.e. water or sewer mains, telephone conduits and cable, fiber optic or electrical lines). 6. Drawings will be provided to the CITY at the 30 (route analysis), 60, 90, and 100 percent stages of design completion. The 30, 60, 90 and 100 percent drawings will be provided in full-size (22" x 34") format. Drawings for permit review will be full size (22" x 34") format. 7. The Drawings will show locations of existing water lines, sanitary sewers, drainage and other utilities. Streets, driveways, and sidewalks, will be outlined on the Page 3 of 12 Drawings. Plan drawings will be at a scale of I-inch equals 20 feet. Profile drawings will be at a scale of I-inch equals 2 feet. All drawings are to be plan over profile. 8. Upon completion of the 30% and 60% drawings, CONSULTANT will supply the CITY four (4) sets ofreview documents. The CONSULTANT will attend a 30% and 60% design-review workshop with CITY personnel to receive and discuss review comments regarding the documents. The CITY will provide CONSULTANT with a marked set of the documents containing the CITY's consolidated comments for use in preparation of the next stage of design deliverable. For the 60% deliverable, the "non-standard" draft specifications will be provided. 9. Upon completion of the 90% drawings, CONSULTANT will supply the CITY four (4) sets of review documents. The CONSULTANT will attend a 90% design-review workshop with CITY personnel to receive and discuss review comments regarding the documents. The CITY will provide CONSULTANT with a marked set of the documents containing the CITY's consolidated comments for use in preparation of the next stage of design deliverable. For the 90% deliverable, draft technical specifications will be provided. 10. Upon completion of the 100% documents, CONSULTANT will supply the CITY three (3) sets of the final documents with appropriate copies of permit applications for signature. The CONSULTANT will transmit the signed permits to the appropriate agencies on behalf of the CITY. 11. The location and elevation of CITY established horizontal and vertical control (if any) will be listed on appropriate plan sheets. 12. CONSULTANT will attend up to four (4) Community Involvement Meetings (CIM) as directed by the CITY. The CONSULTANT will prepare limited presentation materials. 13. CITY developed standard details applicable to the work will be incorporated into the Drawings. CONSULTANT will modify, as necessary with CITY approval, the CITY standard details. 14. Specifications are to be prepared by the CONSULTANT for bidding purposes for the force main and lift station, and the Front-End Contract Documents are to be prepared by the CITY. These documents are to reflect the following: . Contract Documents will use the CITY's existing "Front-End" conditions modified by the CITY as appropriate for this project. Division 1 through 3 technical specifications will utilize the CITY's master specifications modified by CONSUL TANT as appropriate for the project. . Separate bid schedules will be provided for the FM and LS improvements. 15. An opinion of probable construction cost will be prepared for the 60%, 90% and 100% drawings and specifications. The cost estimate format will be consistent with the bid proposal tabulation sheet for the project. The cost opinion will be provided to the CITY during the 60% and 90% design review and at the time the advertisement for bids is published. Page 4 of 12 16. The project drawings are expected to consist of the following sheets: Estimated Sheet Count for Regional Force Main City of Boynton Beach Sheet No. Drawing No. Description 1 G-1 Cover Sheet (Title & Vicinity Map) 2 G-2 Key Map 3 G-3 General Notes, Legend, and Abbreviations 4 - 47 C-1 to C-44 Plan at 1" = 20' scale/Profi1e at 1 "=2' (Single Panel Format - plan over profile) 48 - 55 D-I to D-8 Civil Standard Details (Restoration) 56 P-1 Bid Tabulation Items 57 P-2 Material Specifications Estimated Sheet Count for Lift Station SE 6th Avenue City of Boynton Beach Sheet No. Drawing No. Description 1 G-1 Cover Sheet (Title & Vicinity Map) 2 G-2 Key Map 3 G-3 General Notes, Legend, and Abbreviations 4-13 LS-1 to LS-lO Lift Station Plans 14 - 22 LS-ll to LS-18 Detail Sheets 23 - 27 S-l to S-5 Structural Plans 28 - 29 E-1 to E-2 Electrical Plans 30 - 31 A -1 to A-2 Acoustical 32 P-1 Bid Tabulation Items 33 P-2 Material Specifications Page 5 of 12 Task 4 - Subconsultants 4.1 Geotechnical. CONSULTANT shall furnish the services of a professional geotechnical engineer (Tierra Geotechnical) to provide subsurface investigations of the project area that will include: . Perform up to forty (40) standard penetration tests (SPT) borings to an average depth often (10) feet. . Perform up to four (4) standard penetration tests (SPT) borings to an average depth of sixty (60) feet. . Evaluate field data collected and provide geotechnical engmeenng evaluation report. 4.2 Structural. CONSUL T ANT shall furnish the services of a professional structural engineer (Bridge Design Associates) to provide structural design associated with the Lift Station. 4.3 Electrical. CONSUL T ANT shall furnish the services of a professional electrical engineer (Smith Engineering Consultants, Inc.) to provide electrical design associated with the Lift Station. 4.4 Acoustical. CONSUL T ANT shall furnish the services of a professional acoustical engineer to provide sound abatement associated with the Lift Station. CONSUL T ANT will contract the services of the geotechnical, structural and electrical firms directly. These services will be provided on a time and material basis with a 10% markup (as specified in negotiated rate schedule) on the subcontracted fees to manage the subconsultant's work and prepare the subcontracting documents. CONSULTANT will review subconsultant scope of services with the CITY prior to authorizing each subconsultant to begin work. Task 5. Permitting The CONSULTANT will assist the CITY in obtaining two (2) Palm Beach County Public Health Department (PBCHD) permits for the force main and the lift station by completing the permit forms for CITY approval/signature and providing required drawings necessary to obtain the permits. Permit application forms including drawings for permitting through the PBCHD will be submitted to the CITY concurrent with delivery of the 90% design documents. The FDEP "Long-Form" permit application is required. Fees will be paid by the CITY. The CONSULTANT will also assist the CITY in obtaining the Palm Beach County Right-of- Way Construction-Utility Permit for any utilities crossing or within Palm Beach County Rights-of-Way. Permit application forms including drawings for permitting Page 6 of 12 through the Palm Beach County Land Development Division will be submitted to the CITY concurrent with delivery of the 90% design documents. No permit fee is required. The CONSULTANT will also assist the CITY in obtaining Lake Worth Drainage District (L WDD) permits for canal crossing by completing the permit forms for CITY approval! signature and providing required drawings and background information. Permitting for the L WDD will be performed concurrently with issuance of the 90% design documents. Permit fees will be paid by the CITY. The CONSULTANT will also assist the CITY in obtaining the Florida Department of Transportation (FDOT) Utility Permit for the crossing of 1-95. Permit application forms, including drawings and specifications for permitting through the FDOT will be submitted to the CITY concurrent with delivery of the 90% design documents. Fees will be paid by the CITY. The CONSULTANT will also assist the CITY in obtaining a permit to cross the CSX and FEC rights-of-way. Permit application forms, including drawings and specifications for permitting through the CSX and FEC will be submitted to the CITY concurrent with delivery of the 90% design documents. Fees will be paid by the CITY. Two copies of the final permitting packages (plus the number of agency required copies) will be submitted with the 90% plans for submittal to the PBCHD, Palm Beach County, FDOT, CSX, FEC and L WDD by the CONSULTANT. CONSUL T ANT will prepare two (2) responses to each "request for additional information" made by regulatory agencies following submittal of the permit applications. Additional responses to agency requests for additional information will be considered an Additional Services item. City right-of-way and Palm Beach County Roadway work permits for work conducted within City rights-of-way and County rights-of-way will be required from the City of Boynton Beach and Palm Beach County. It is the intent of this project to require the CITY's selected contractor to apply for and acquire the necessary work permits. In addition, if any de-watering permits are necessary to conduct the work, their acquisition will also be the responsibility of the contractor. CONSULTANT, through the CITY, will provide the contractor with necessary site figures and data to support the permitting effort. (Also include as applicable to the project, FDOT, FEC, CSX, etc.) Preparation of other permits for the above agencies (or for other regulatory agencies) beyond that specified above will be considered an Additional Services item. Examples of typical permits not included in this scope of work include wetland dredge and fill permits, Asbestos Handling/Disposal notification permits, Archeological/Historical preservation permits, endangered species permits, tree removal permits, environmental, etc. Page 7 of 12 Task 6 - Bid Phase Services The CONSULTANT will prepare two separate bid packages, one for the force main and one for the lift station. The bid phase services are to be performed for each package. Bid phase services to be performed by the CONSULTANT will be consistent with the guidelines in the "Standard Procedures and Functions for Consultants, Procurement Services, and the Project Management Team, " provided by the CITY and will include the following: 1. Prepare Contract Document packages (i.e. drawings and specification) for CITY advertisement and bidding purposes. Drawings to be full size (22" x 34") format. 2. Distribute copies of the Contract Documents to the prospective bidders. The cost for production of the contract documents will be borne by the bidders through purchase of the construction documents from CONSULTANT. Maintain records of the plan holders list and provide a copy of the list to the CITY on a weekly basis. 3. Provide document mailing and pre-bid services, such as maintaining plan holder's list, answering questions from potential bidders, and providing technical information to the CITY for Contract Document addenda and distribution to the plan holders; addenda will be issued by Procurement Services for the CITY. 4. Respond to questions from prospective bidders and suppliers and provide technical information to the CITY for addenda that will be issued by Procurement Services as appropriate. Technical information for up to three addenda is assumed in the budget for Bid Phase Services. 5. Review bid packages received, prepare bid tabulation sheet and due diligence form and recommend award. 6. Assist the CITY in conforming and preparing Contract Documents for execution by the CITY selected Contractor. Assist in the review of Contract Documents and bonds before forwarding to the CITY for execution. 7. Issue integrated Conformed sets of Contract Documents including, the Schedule of Bid Items, the Contract, and the General Conditions for Construction, Technical Specifications and project construction drawings. Supply two (2) sets of Conformed Contract Documents and electronic drawings for the City and awarded contractor. c. Assumptions In addition to, the work items discussed above, the following assumptions were made in establishing the scope of this Task Order and associated fee. Changes and/or modifications in the above work items or these assumptions are considered an Additional Services Item under the terms of the contract. Assumptions include: 1. Separate plans, permitting, etc. will be prepared for both the FM and LS. 2. The scope and budget are based on the FM being constructed in public rights-of-way. Page 8 of 12 3. CONSULTANT has not included any fees for replacement and/or rehabilitation of any existing utilities in this Task Order. If required by CITY, an Amendment to this Task Order will be executed for this work. 4. The CITY will provide CONSULTANT an electronic version of "front end" contract documents in MICROSOFT WORD format (see attached Standard Procedures and Functions). 5. Surveying and legal work necessary to prepare document for and to secure easements (temporary and permanent) required for installation of the FM is the responsibility of the CITY. Any title searches required will be prepared by the CITY. 6. Deviations from the Final Design Drawings will be compiled by the Contractor and electronically incorporated onto the drawing files. Two sets of signed and sealed RECORD drawings will then be submitted by the Contractor to the CITY. One set of RECORD drawings will be provided to CONSULTANT for each submittal to FDOT, FEC, CSX, PBCE, L WDD and PBCHD. 7. CONSULTANT will attend up to four (4) public meetings or hearings regarding the project. However, attendance at public meetings or hearings associated with permits applied for in support of the project is not included in the budget 8. Construction RPR hours for the FM are based on 13 months of actual construction (Monday through Friday) at 8 hours per day, for a total of 2,253 man-hours. Construction RPR hours for the LS are based on 9 months of actual construction (Monday through Friday) at 8 hours per day, for a total of 1,560 man-hours. 9. The CITY is responsible for all permitting fees, including costs of public notification in local newspapers. 10. The CITY will provide CONSULTANT an electronic version of CITY standard FM and LS details in AUTOCAD Version 2000 format. 11. Two permit applications covering the proposed construction work will be prepared for submittal to each regulatory agency. One set for the FM and one set for the LS. 12. No pre-purchase of materials and/or equipment is presumed. 13. A single bidding effort is assumed, one each for the FM and LS. Re-bidding of the project is considered an Additional Services item. 14. The design is to be based on the federal, state and local codes and standards in effect at the beginning of the project. Revisions required for compliance with any subsequent changes to those regulations is considered an Additional Services Item. D. Contract Reference This Task Order shall be performed under the terms and conditions described within the Agreement for General Engineering Consulting Services dated November 18, 2005 between the City of Boynton Beach and Wantman Group, Inc. Page 9 of 12 E. Additional Services The following are examples of some specific Additional Services Items that may be required, but are not included within this Task Order. Generally, a condition contrary to the work description in Section B or assumptions of Section C (upon which the design fee is based) is considered an Additional Services Item. Examples include: 1. Additional permitting assistance in excess of that identified in this Task Order. 2. Additional lump sum fees will be developed as requested by the CITY for future work to include additional drawings, revised "front ends" and the preparation of additional bid documents. Bid services, SDC, and RPR will be extended as appropriate. 3. Field verification (horizontal or vertical) of existing utilities beyond those described in this Task Order. 4. Additional regulatory agency responses beyond two (2) responses to an agency incompleteness and/or additional information request. 5. Development of property descriptions of easements, road rights-of-way, etc. Preparation of right-of-way or easement boundary surveys. 6. Threatened or endangered species and species of special concern permitting or relocation work or other environmental permitting. 7. Archeological/Historical preservation permits, studies, or reports. 8. Surveying, flagging, or other work necessary to secure tree removal permits from the City, County, or other jurisdictions. These and other services can be provided, if desired by the CITY, under separate Task Order(s) or by an amendment to this Task Order. Services performed will be on an as- directed basis in accordance with a written Notice to Proceed from the CITY. F. Obligations of the CITY 1. The CITY shall provide the CONSULTANT in a timely manner, record data and information related to the sewer system, water distribution system, drainage system, traffic control and streets within the project as necessary for the performance of services specified herein. This includes painting the locations of water mains and sanitary sewers and laterals in the field for the CONSULTANT. 2. The CITY shall review all drawings and other documents presented by CONSULTANT; obtain advice of an attorney, insurance counselor, and others as CITY deems appropriate for such review and render decisions pertaining thereto within reasonable time so as not to delay the services of CONSULTANT. Page 10 of 12 3. With assistance by CONSULTANT, as described herein, the CITY, as applicant shall obtain approvals and permits from all governmental authorities having jurisdiction over the project. The CITY is responsible for the payment of all permit application fees. G. Compensation Compensation by the CITY to the CONSULTANT for Tasks 1, 2, 3a, 6a and 6b will be on a lump sum basis. Tasks 3b, 4, Sa and Sb will be on a time and material basis. The estimated compensation for the services described in this Task Order is $S91,280.00 as shown in Table 1 below. TABLE 1: LABOR AND EXPENSE SUMMARY Labor Labor Expenses Total Basis of Hours Cost Cost Payment Task 1 - Route Analysis 92 $13,080 $500 $13,580 Lump Sum Task 2 - Field Survey 974 $116,600 $12,500 $129,100 Lump Sum Task 3a - Design Phase (FM) 2,271 $244,750 $5,000 $249,750 Lump Sum Task 3b - Design Phase (LS) 700 $80,690 $5,000 $85,690 Time and Material Task 4 - Subconsultant Services N/A N/A $52,800 $52,800 Time and Material Task 5a - Permitting Phase (FM) 158 $18,410 $5,000 $23,410 Time and Material Task 5b - Permitting Phase (LS) 70 $7,910 $3,000 $10,910 Time and Material Task 6a - Bid Phase Services (FM) 108 $10,520 $2,500 $13,020 Lump Sum Task 6b - Bid Phase Services (LS) 108 $10,520 $2,500 $13,020 Lump Sum Totals 4,481 $S02,480 $88,800 $S91,280 Page 11 of 12 H. Schedule The completion dates for this work will be as follows (starting at written notice-to- proceed). A detailed schedule is attached. Engineering Services Time per Phase Cumulative Time Task 1 - Route Analysis 1 Month 1 Month Task 2 - Field Survey 2 Months 3 Months Task 3 - Design Phase (J) 6 Months 9 Months Task 4 - Subconsultants N/A N/A Task 5 _ Permitting Phase (2) 4 Months 13 Months Task 6 - Bid Phase 3 Months 16 Months (1) Subconsultant services will be completed during Task 3 - Design Phase. (2) FEC and CSX may take longer. APPROVED BY: CITY OF BOYNTON BEACH, FLORIDA By: Kurt Bressner, City Manager Dated this day of ,2007 SUBMITTED BY: W ANTMAN GROUP, IIC' , ~ I~ + -'_.._~ Joel Wantman, Chairman By: Datedthis /5dayof ~ ,2007 M:\Proposals\I\1UNICIP AL PROPOSALS\City of Boynton Beach\Regional FM and S E 6th LS\Task Order No I Rev 11207doc Page 12 of 12 z o ~ < I- en l- lL. ::i c z < z < ~ Zw 3:U 00:: c~ ~...J << wz c:::Q lIlt? Ww wO:: u..:I: U < W al Z o I- Z >- o al lL. o ~ (3 I .... o :;;: e - W '" 1Il ~ :;; .. W ~ 0:: .. .., a a lfi LO I ! I I 11 II I~I~I~I ~ i II i I i I I T II Ii ill I ! i I 01 J I ! 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I I~ I r I ~ j I .... ...1 I I I : 1 II I I Ii! I I I I g ! 1/ I ~I 2!, I I!! I Iii I I '-, -I ~ h -j ~i !II I I I ! I :~ II i ~ I II 1"'1"'1 i : i . I I i I 1"1 I II I.CDCD.,'"I I'~I', i, I' 1,';21. I,~ bji i I T I I r !Ii~ v : /' .:1 :~ I~I I I I i! I II' i~ I~I I I~! i~ I~II . :I'~~ I !~ I~I I ' ., 'Ill :<!:I I~ rllo Ilg/fLU !~! I I I~ I " : ~II~II III~I i~ /'Qjj I, I I '11.<:_,"0=> , I' 0 1-1 I I,r=..' !-II .LU! I I I . 1 II ~ I' . I~I I~! I' 10 I I I I I 1-1 ! ~ I II II i, :. ~III,' I ~.II Ii I I II- II/I . I~I !. 1 I"'e' . I ,.i~zl,I~I:CD""11 III len/II: I I II ! ~ '~I.'ill!11 fill i 111,1 I I I I I Ii l:m~-I,~liLU~i I' 1 10 Q. I I I I I - II liiil~%nl' is', ' Iii , I . I i 1'~ '""f.c+, 'I'"/.c, ii, IT 1 TT /' I I I I I ' I I+-H-W I Ii, I i I I h I III : 1'1 1111 i i i I Ii r I ! I II II '" '0 '" CD C> 11l (l. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORlv.l VI.-CONSENT AGENDA ITEM C.S. Requested City Commission Date Final Form 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 December 5, 2006 November 20,2006 (Noon.) D D January 2, 2007 December 18, 2006 (Noon) D March 5,2007 February 12,2007 (Noon) D January 16, 2007 January 2, 2007 (Noon) D March 20, 2007 March 5, 2007 (Noon) ~ February 13,2007 January 22, 2007 D April 3,2007 March 19,2007 (Noon) NATURE OF AGENDA ITEM D o ~ D o Administrative AnnouncementslPresentations o D D o o City Manager's Report New Business c-) :;=i .=i-< -'0 " ,., {'-en ~.jo :::..-< #~~Z :J::oo U)~ :r: 0 - O::z EXPLANATION: 4th St. LLC is in possession of a building that is scheduled for demolition. It is the desir~f oJ:c:c Fire Rescue Department Training Division to take advantage of the structure to allow for live fire trainin(p}Irn~ building is located at 416 SE 4th Avenue. lT1", :r Consent Agenda Legal c::> -..J L. :0.. :z N N Code Compliance & Legal Settlements Public Hearing Unfinished Business RECOMMENDATION: Approval of contract between 4th St. LLC and the City Of Boynton Beach PROGRAM IMPACT: Live Burn Training is an integral part of any fire fighter's hands on training. As such this type of building and the opportunity it presents, is sought after by our training staff. Critical elements of this type of training include fire suppression, safety, arson investigation and survival skills. This type of live training is critical to the safety and efficiency of our firefighters. FISCAL IMPACT: No direct cost to the city. The owner will donate the property. AL TERNA TIVES: The use of props that simulate actual fire suppression activities. Props are rarely realistic. Fire Training in a controlled environment, utilizing live fire in a real building, will provide the best means to equip our firefighters e ectively to save lives and property. ~ City Manager's Signature (jm{/ Department Name ~t to City Manager City Attorney / Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 2 RESOLUTION NO. R07- 3 4 A RESOLUTION OF THE CITY COMMISSION OF THE 5 CITY OF BOYNTON BEACH, FLORIDA, 6 AUTHORIZING AND DIRECTING EXECUTION OF A 7 FIRE TRAINING AND CONTROLLED BURN 8 AGREEMENT BETWEEN THE CITY OF BOYNTON 9 BEACH AND 4TH STREET LLC., FOR FIRE RESCUE 10 TRAINING; AND PROVIDING FOR AN EFFECTIVE 11 DATE. 12 13 WHEREAS, the City's Fire Department desires to use the building located at 416 14 Southeast 4th Avenue, Boynton Beach, Florida for the purpose of fire rescue training 15 exercises; and 16 WHEREAS, this will allow Fire Rescue personnel to get realistic training, which is 17 an invaluable tool to the department and the citizens and residents of the City; 18 WHEREAS, the owner of the building, 4th Street LLC., has agreed to allow the City 19 to use the aforesaid building for fire rescue training sessions. 20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 21 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 22 Section 1. Each Whereas clause set forth above IS true and correct and 23 incorporated herein by this reference. 24 Section 2. The City Commission of the City of Boynton Beach, Florida does 25 hereby authorizes the execution of an Agreement between the City of Boynton Beach and 4th 26 Street LLC., allowing the use of the building at 416 Southeast 4th Avenue, Boynton Beach, 27 Florida, for fire rescue training purposes. A copy of that Agreement is attached hereto and 28 made a part hereof as Exhibit "A". 29 Section 3. That this Resolution shall become effective immediately upon passage. Ca!reso/agreementsibbfd/Hidden Brook rire Rescue Training 2 PASSED AND ADOPTED this _ day of February, 2007. 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 (Corporate Seal) 27 28 29 CITY OF BOYNTON BEACH, FLORIDA Mayor - Jerry Taylor Vice Mayor - Jose Rodriguez Commissioner - Ronald Weiland Commissioner - Mack McCray Commissioner - Carl McKoy Ca/reso/agreementslbbfd/Hidden Brook - Fire Rescue Training Exhibit "A" Lots 6, 7, 8, 9 and 10, SUNSET COURT, according to the Plat thereof on file on the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 11, Page 29, Public Records of Palm Beach County, Florida. and West 50' of the East 120' of the North 10' of Lot 9, Block "B", PENCES SUBDIVISION NO.1, according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida recorded in Plat Book 1, Page 33, as in Deed Book 931, Page 430, Public Records of Palm Beach County, Florida, which includes: Beginning at the Northeast Corner of Lot 9, Block "B", PENCES SUBDIVISION NO.1, to the Town of Boynton, being that part of the Southeast 1/4 of Northeast 1/4 of Section 28, Township 45 South, Range 43 East, lying East of Railway as recorded in the Office of the Clerk of the Circuit Court in and for Palm Beach County, and run West along said Lot Line 70 feet to a point; thence run South 10 feet to a point; thence East along said Lot Line to a Point of Beginning, intending hereby to describe a 10 foot Southerly extension of Lot 8 of Sunset Court Sub-Division of Lots 7 and 8 of Pences Subdivision to the Town of Boynton, Palm Beach County, Florida. FIRE TRAINING AND CONTROLLED BURN AGREEMENT THIS AGREEMENT is made on this _ day of 2007, by and between the City of Boynton Beach, Florida, a municipal corporation, with a business address of 100 E. Boynton Beach Boulevard, Boynton Beach, Florida 33435, (hereinafter referred to as "City") And 4th Street LLC, a Limited Liability Company, with an address of 626 S.E. 4th Street, Boynton Beach, Florida 33435 (hereinafter referred to as "Owner"), together referred to as the "Parties". WITNESSETH: WHEREAS, the City's Fire Rescue Department desires to conduct live fire bum training exercises ("Controlled Burn Exercises") involving real property and structures for its probationary and incumbent firefighters; and WHEREAS, the Owner intends to demolish structure(s) on property located at 416 S.E. 4th Avenue, Boynton Beach (the "Property"), and has offered the City's Fire Rescue Department the opportunity to use the Property for live fire structure burn training; and WHEREAS, the structure on the Property is owned by Owner, is described m this Agreement, and meets the criteria for training and Controlled Bum Exercises; and NOW, THEREFORE, in consideration of the promises and mutual covenants herein set forth, it is agreed as follows: 1. Recitals. The foregoing recitals are true and correct at the time of the execution of this Agreement and are incorporated herein. 2. Owner in fee simple. The undersigned Owner(s) hereby warrants and represents to the City by their signature(s) below that Owner(s) is the fee simple title holder of record, and is qualified to enter into agreements representing the property described below, with an address of 416 S.E. 4th Avenue, Boynton Beach, Florida, hereinafter referred to as the "Property" and more particularly described in Exhibit "A" which is attached hereto, and incorporated herein by reference. 3. Actual Authority. Owner represents and acknowledges that all mortgage holders and lien holders upon the Property consent to the City's use of the property in the manner described herein, and acknowledges that the City is relying on the representations of Owner in entering into this Agreement. C:\Documents and Settings\altmanr\Local Settings\Temporary Internet Files\OLKB3\Fire Training and Controlled Bum Agreement _ 4th Street LLCdoc 4. Ownership Indemnification. Owner further agrees to hold harmless and indemnify the City or any of its officers, employees, agents, representatives or servants from any and all damage, actions, suits, claims or demands of whatever kind, made by or on behalf of any person or entity as a result of Owner's representation regarding ownership and right of possession to the Property, including but not limited to reasonable attorneys' fees, all costs of litigation and investigation expenses caused by said damage, actions, suits, claim or demand. 5. Consent of Owner. Owner hereby acknowledges and agrees that Owner is entering into this Agreement with the understanding that the Property and structure(s) described in this Agreement will be burned by fire and partially or fully demolished by the Controlled Burn Exercises. Owner further understands, acknowledges and agrees that the value of the Property mayor may not decrease as a result of the Controlled Burn Exercise; Owner hereby understands, acknowledges and agrees that no cause of action for loss or damages or diminution in value by Owner shall lie against the City as a result of the execution of the Controlled Burn Exercise and that by signing this Agreement, Owner has relinquished the right to bring a lawsuit or make any claim or demand on the City for any loss or damage to Property resulting from the execution of the Controlled Bum Exercises. 5.1 Nothing in this Agreement shall be interpreted or construed to be the City's taking of private property without just compensation to Owner. 5.2 Owner hereby acknowledges and agrees that Owner shall receive no compensation from the City. 6. Burning of Structures, Description, Remediation. Owner hereby grants the City the right to enter upon the Property for the purposes of preparing for and conducting training sessions for Fire Rescue Department personnel and specifically for the purpose of burning the structures located on the Property. 6.1 Owner further acknowledges and agrees that the City shall have no obligation whatsoever to clean up and/or remove any debris found on the Property, other than as the City deems necessary, for the purpose of conducting the Controlled Burn training sessions for the Fire Rescue Department. 6.2 Owner agrees that any clean up on the Property after the completion of the Controlled Burn training session is at the sole discretion of the City and Owner shall be responsible for any costs associated with the clean up of the Property after the Controlled Burn training session. 2 C:\Documents and Settings\altmanr\Local Settings\Temporary Internet Files\OLKB3\Fire Training and Controlled Burn Agreement - 4th Street LLCdoc 7. Liability. Acknowledging the exceptions of set forth in paragraph 4, "Ownership Indemnification" and paragraph 5, "Consent of Owner", the City and Owner agree that each party shall be responsible for any and all damages incurred as a result of their respective negligence. 7.1 Indemnification and Subrogation. The parties further agree that in the event liability or damages are imposed against a party who was not at fault, then the party at fault shall indemnify the non-faulting party. Such indemnification shall include reimbursement for any and all damages, actions, suits, claims or demands, arising from loss, injury or death to any person or property, including but not limited to reasonable attorneys fees, cost of litigation, investigation costs. 8. Term of Agreement. This Agreement shall take effect upon approval and execution of this Agreement authorizing the Fire Rescue Department to perform or execute the Controlled Bum Exercise on the Property. The Agreement is for a term of one (1) year from the date executed above. The covenants concerning indemnification and liability shall remain in effect after the termination date. 9. Demolition. Notwithstanding any other provision herein, the structures located at 416 S.E. 4th Avenue are currently scheduled to be demolished by the Owner for the purposes of re- development. Therefore, if the Controlled Burn Exercise as contemplated within this Agreement does not take place on or before April 1, 2007, the Owner will proceed with demolishing the structures as previously scheduled prior to entering into this Agreement with the City. 10. Termination. The City reserves the right to reschedule, cancel or terminate this Agreement prior to conducting the Controlled Burn Exercise for any reason whatsoever. If the Controlled Burn Exercise is rescheduled, cancelled or terminated, City shall so notify Owner in writing, by certified mail, hand delivery or facsimile transmission within a reasonable time frame prior to April 1, 2007, and the Controlled Bum Exercise must take place on or before April I, 2007. 11. Notice of Commencement. The City shall notify Owner in writing, by certified mail, hand delivery or facsimile transmission of the date(s) it intends to perform the Controlled Burn Exercise on the Property. City agrees to conduct training on or about February 15, 2007 and the Controlled Burn Exercise on or before March 22, 2007. The City shall notify Owner in writing, by certified mail, of the date of completion of the Controlled Burn Exercise on the Property. 12. Assignment. This Agreement shall not be assigned, transferred or otherwise encumbered by the Owner. 13. Compliance with Governing Law. Owner and City agree to faithfully observe and comply with all applicable federal, state, and local laws, including but not limited to codes, ordinances, 3 C:\Documents and Settings\altmanrlLocal Settings\Temporary Internet FileslOLKB3\Fire Training and Controlled Burn Agreement _ 4th Street LLC.doc and regulations. 14. Venue. The parties agree that this Agreement shall be governed under the law ofthe State of Florida and venue for any dispute arising out of this Agreement shall be in Palm Beach County, Florida. 15. Notice. Whenever notice is given by a party, it must be given by written notice, sent by certified United States mail, return receipt requested, by hand delivery or by facsimile transmission addressed to the following: CITY: CITY OF BOYNTON BEACH P.O. BOX 310 BOYNTON BEACH, FL 33425-0310 A TTN: City Manager Fax (561) 742-6011 COpy TO: James A. Cherof, City Attorney CITY OF BOYNTON BEACH P.O. BOX 310 BOYNTON BEACH, FL 33425-0310 Fax: (561) 742-6054 OWNER: 4th Street LLC 626 S.E. 4th Street Boynton Beach, FL 33435 Fax: (561) COpy TO: Jeff Tomberg, Esquire 626 S.E. 4th Street Boynton Beach, FL 33435 Fax: (561) 734-8971 16. Entire Agreement. This Agreement represents the entire and integrated agreement between the City and the Owner and supersedes all prior negotiations, representations, or agreements written or oral. This Agreement may be amended only by mutual agreement of the parties, upon written instrument of the same integrity, signed by both the parties. 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. 4 C:\Documents and Settings\altmanr\Local Settings\Temporary Internet Files\OLKB3\Fire Training and Controlled Burn Agreement - 4th Street LLC:doc 18. 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. 19. No Contingent Fees. Owner warrants that it has not employed or retained any company or person to secure this Agreement, and that it has not been paid any fee, or agreed to pay any person, company, corporation, individual or firm, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, the City shall have the right to terminate the Agreement without liability at its discretion, and to otherwise recover the full amount of damages, if any, assessed against the City, arising from the violation of this provision. 20. Insurance Certification. Owner agrees to read and sign the Insurance Certification below. INSURANCE CERTIFICATION Owner certifies that any and all insurance on the aforesaid building has been cancelled or there is a non-existence of such insurance on the said structure, and that the existence of any insurance on the structure, of any kind, would constitute perjury and establish prima facia evidence of intent to defraud which offenses are punishable by a court of competent jurisdiction. ~~ Owner's Initials d. IN WhTNES1 OF THE FOREGOING, the parties have set their hands and seals this L day of, J!'\L.ICH -, 2007. Attest: CITY OF BOYNTON BEACH BY JANET PRAINITO, CITY CLERK Kurt Bressner, City Manager APPROVED AS TO FORM: Office of the City Attorney 5 C:\Documents and Settings\altmanr\Local Settings\Temporary Internet Files\OLKB3\Fire Training and Controlled Bum Agreement _ 4th Street LLC:doc ~ ",'1 A /..{ f!/!. r'..-,J . Prin~ame OWNER: /~ - ~ ,,\j y/~. :' B~~ l.A.d:.. , 4th Street, LLC. GJ/c)!~ //9 1\:/ Print Name ./) ./ ~~~A::U~J WITNESSES: /j(:~,- Signature G .-) I~o.)b E /vi /~ :J1t~~ /C~~ Signature - /1J ~ . I"' \ Prmt name / . " Ii: t ,,_).? I-"\.! 0 I~~ STATE OF FLORIDA COUNTY OF PALM BEACH BEFORE ME, an officer du&authorized~law to ~minister oaths and take acknowledgments, personally appeared -~/tJt!../;" A;:" .o.~~aging member of 4th Street LLC., and acknowledged he/she executed the foregoing Agreement for the use and purposes mentioned in it, and that the instrument is hislher act and deed. IN WITNESS OF THE FOREGOING,. I have set my hand and official seal at in the State and County aforesaid on this '3 day of \C1(! ULHi-2007. L", {AR, Y PUBL,IC · Jl.lldcl g . ftJ- i My Commission Expires: ~_1II ouD.=~T:~:'1 I . ......,., i ........~i ; ...... ....... MIn.. Inc : a.......................~............ 6 C:\Documents and Settings\altmanr\Local Settings\Temporary Internet Files\OLKB3\Fire Training and Controlled Burn Agreement - 4th Street LLC.doc VI.-CONSENT AGENDA ITEtJl C.6 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 Tumed Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office D December 5, 2006 November 20,2006 (Noon.) D D January 2, 2007 December 18,2006 (Noon) D March 5, 2007 February 12,2007 (Noon) D January 16, 2007 January 2, 2007 (Noon) D March 20, 2007 March 5, 2007 (Noon) ~ February ] 3,2007 January 22, 2007 D April 3, 2007 March 19,2007 (Noon) Code Compliance & Legal Settlements Public Hearing D o D D D City Manager's Report New Business Announcements/Presentati ons NATURE OF AGENDA ITEM ;-) (:") -i =i-< -<0 :, .." ,"-CO {'10 ~-< ""'z RECOMMENDATION: Authorization to enter into an agreement with Workforce Alliance in furtherance of a~pp~ Employed Worker Training Grant. = ~:z .. .."CD EXPLANATION: The Workforce Alliance has established a grant program to financially assist municipalitie~d Wr~ businesses in training their employees. This locally funded program is meant to upgrade the skills of existing employees a~ help employed workers retain self-sufficient employment. The grant pays for the registration fees and the City matches the grant by paying for other associated training costs, i.e. food, transportation or lodging and staff time while in training. The City must enter into a project agreement to receive the grant award. The employees will have until May 31, 2007 to complete the training. D D ~ D D Administrative Consent Agenda Legal Unfinished Business o -.J c- ::0- :z: N N PROGRAM IMPACT: In FY2005/2006, the City was awarded $20,825.00 to train 26 employees in Utilities, ITS, Human Resources, Police Department and Communications. The 2006/2007 Employed Worker Training Grant will provide $27,711.00 to train up to 31 employees in ITS, Human Resources and Communications. Training includes local training, on-line training and out of state training. This training enables employees to obtain or retain professional certifications necessary to perform their job abilities to the fullest. FISCAL IMPACT: The grant pays for the registration fee. The award requires the City to pay for other associated training costs. Human Resources training is local or on-line, so there are no travel costs involved. ITS and Communications FY2006/07 approved budgets have the allocated funding to cover travel (if applicable). Communications has $5,685.00 in account #00 I -1810-519-54-30, and ITS has $252.00 in account # 001-15 I 0-513-5430, and $680.00 in account number # 001- 1511-513-5430. ALTERNATIVES: Not enter into the '~~Orl'eit the grnnt~ City Manager's Signature City Manager Department Name ~ttOC City Attorney 1 Finance S\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 RESOLUTION NO. R 07- 2 3 4 A RESOLUTION OF THE CITY COMMISSION OF 5 THE CITY OF BOYNTON BEACH, FLORIDA, 6 APPROVING THE EXECUTION OF AN AGREEMENT 7 WITH WORKFORCE ALLIANCE IN FURTHERANCE 8 OF AN APPROVED EMPLOYED WORKER TRAINING 9 GRANT; AND PROVIDING AN EFFECTIVE DATE. 10 11 12 WHEREAS, Workforce Alliance has established a grant program to financially 13 assist municipalities and small businesses in training their employees; and 14 WHEREAS, this locally funded program is meant to upgrade the skills of existing 15 employees and help employed workers retain self-sufficient employment; and 16 WHEREAS, upon recommendation of staff, the City Commission has determined 17 that it is in the best interests of the residents of the City to approve and execute an 18 Agreement with Workforce Alliance in furtherance of an approved Employed Worker 19 Training Grant. 20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 21 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 22 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 23 being true and correct and are hereby made a specific part of this Resolution upon adoption 24 hereof. 25 Section 2. The City Commission of the City of Boynton Beach, Florida does 26 hereby approve and authorize execution of an Agreement with Workforce Alliance in 27 furtherance of an approved Employed Worker Training Grant, a copy of which is attached 28 hereto as Exhibit "A". S:\CA\RESO\Agreements\Workforce Alliance (Employed Worker Training Grant).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 ~~ 29 Section 3. This Resolution shall take effect immediately upon passage. PASSED AND ADOPTED this _ day of February, 2007. CITY OF BOYNTON BEACH, FLORIDA Mayor - Jerry Taylor Vice Mayor - Jose Rodriguez Commissioner - Ronald Weiland Commissioner - Mack McCray Commissioner - Carl McKoy ATTEST: City Clerk (City Seal) S:\CA\RESO\Agreements\Workforce Alliance (Employed Worker Training Grant).doc lIIIurkTOrci!\ ~ AII'!!!!-Cp ~ Employed Worker Training Grant Pro ram Year 2006/2007 I.MPIai..... ..... ZIP: 33435 Count: Palm Beach Title: Grants Coordinator Ext. Fax: 561-742-6238 Website Address: WNW.bo nton-beach.or Description of your business, product(s) and/or service(s): The City of Boynton Beach is a government agency that serves a population of approximately 64,000 citizens EWT Contract 06-07 WClr~ci?'. ~ AII'f!!'CE!'-'~ t .~i( ..~., ":~'r~ Statement of Work The program to be provided by the Business shall consist of an employed worker training program, in which individuals in the employ of the business are provided training in one or more of the subject areas identified within this agreement. Trainina to be performed Training shall commence following employee eligibility determination and submission of all required documents to Workforce Alliance. Employees to be trained will be identified by the Business and will be certified as eligible. In accordance with the Workforce Invest Act (WIA) requirements, each employee who will participate in the training as a part of the eligibility determination and registration process must provide the following information to Workforce Alliance. . Employee name . Social security number . Address . Primary phone number and one alternate number . Date of hire . Date of initial participation in the training . Date of birth . Gender . Race . Ethnicity . Whether any of the individuals have a disability . Workforce Alliance will determine selective service registration through employees' social security numbers . Citizenship as indicated on the 1-9 form . If currently enrolled in school . Highest education level . Veteran status . Signed attestation statement To expedite the collection of all required information Workforce Alliance will provide both an electronic spreadsheet and individual employee registration forms which must be signed by each unique individual receiving training. There are four employee eligibility factors that require more than employees attestation statement on the registration document. Per WIA requirements, proof of verification to confirm eligibility is required on each individual receiving training under this grant on the following: EWT Contract 06-07 2 IIIInrk~rc~ "' 1MPlSY.. '. '.. .. ...... AII'f!......~C'~~ --' fILItIDtl 1. Proof of Social Security number (copy of social security card) 2. Proof of Citizenship, Authorization to Work or Alien Status (1-9) 3. Proof of Birth Date/Age (Drivers License) 4. Proof of Selective Service Registration (Applicable to males, 18 years of age and over, who were born after 12/31/1959. - website printout) See attachment 1.1 for all other items to verify reauired information All individuals participating in training funded by this agreement must be employees of the business prior to the start date of training. Business may use internal staff, educational institutions or certified instructors to provide this occupational training. This shall be specified prior to start of training and shall be supported by costs in the budget. Business shall maintain time and attendance documentation related to the employees who participate in the training activities. This documentation shall serve as part of the reimbursement process. Business shall complete all training by May 31 5t , 2007 and provide all required reports and reimbursement expenses within thirty days of completion of the training, so that all monies can be reimbursed by June 30th, 2007. Workforce Alliance will provide business an electronic spreadsheet to verify status of employees after all items are presented. Compensation Workforce Alliance agrees to pay Business the total amount of Twenty Seven Thousand Seven Hundred ElevE!n Dollars ($27,711.00) for training actually provided in accordance with the required performance and the below stated provisions. · Successful completion of training described and delivered to the contracted number of unique individuals. · Hard copies of Certificates of Completion and/or occupational skills credential signed by the business which state the individual employees name and date certificate was awarded. Reimbursement payment will be prorated and Business will be entitled to be paid $893.90 from the amount contracted for each individual trained who successfully completes training up to a maximum of ~ individuals for a total payment of $27,711.00. Invoicin~ In order to receive payment the Business shall submit an invoice to Workforce Alliance within (10) working days following the end of each month. Invoices that EWT Contract 06-07 3 "."~,~",,,'"4':'~~~if.i<<!<iI~"""";"';"..~n~';';o""',"".".',..., worklrii-ci?'. ~ AIII~CI?~ are correctly submitted will be paid within 30 days of the receipt. The invoice must be accompanied by all documentation necessary to substantiate the expenses for which the business is seeking reimbursement. RifB! Payment shall be made to the business at: City of Boynton Beach 100 E. Boynton Beach Boulevard Boynton Beach, FL 33435 The costs incurred and invoiced must match the line items in the budget. If employee time is requested for reimbursement or is used as match such as in the case of time spent developing curriculum Business should include a copy of the signed time cards and hourly pay with the submission of their invoices. Business may submit such document as may be agreed to by the Workforce Alliance that substantiates payments made to the employee such as a direct deposit receipt or a cancelled payroll check. If reimbursement for curricula development by a third party is requested a copy of the invoice submitted to Business and a copy of the check or other evidence of the payment to the third party shall be submitted with the invoice. For purchases, Business shall submit a copy of the paid invoice with the check number indicated on the invoice, and a copy of the front and back of the cancelled check. For proprietary materials such as books and supplies, Business shall provide signed receipts from employees acknowledging delivery of the materials for which Workforce Alliance is being charged, along with the paid invoices where appropriate. Any cost not a part of the original budget must be approved by Workforce Alliance prior to Business incurring the cost and must be evidenced by an amendment to this agreement. The final invoice must be submitted within in ten days of the completion of this agreement. Business shall be paid in accordance with attached budget. Requests for changes to the budget shall be initiated through a written request to Workforce Alliance. Upon the agreement of the parties the contract shall be modified in writing to reflect the requested changes. EWT Contract 06-07 4 I/IInrkfurcp..., -........ AII'f'IZ.C'1? ~~ ......... Budaet - 1. Instructor WageslTuition (Break out costs for individual programs including total hours and instructors wa es 2. Curriculum Development 3. Materialsl Suppliesl Textbooks (itemize) I 4. Training Equipment Purchase 5. Other Costs (describe) Le. Facility 6. TRAVEL 7. Trainee Wages (including benefits) 8. TOTALS. $7,261 - 9-1-1 Communications $17,991 - ITS I $2,459 - Human I Resources N/A N/A Included in Tuition Included in Tuition N/A N/A $26,273 9-1-1 Communications $12,507 ITS $7,958 Human Resources $27,711 $46,738 Budget Prepared by: Debbie Maiors Signature: ~.~~ EWT Contract 06-07 $0 I 7,261 - 9-1-1 Communications $17, 991 - ITS $2,459 - Human Resources N/A Included in Tuition N/A N/A $26,273 9-1-1 Communications $12,507 ITS $7,958 Human Resources $74,449 5 WClrk16rciJ'. ~ EIMtDf... ..... · it. Allla:,:pe-"'l F'IfJRII)a Whereas, the parties have made and executed this document on the respective dates after each signature: As to Business: Print Name: Signature: Date: Witness: Signature: Title: Date: (Print Name) As to Workforce Alliance: Print Name: Signature: Date: Witness: Signature: Title: Date: Kathryn Schmidt, President and CEO (Print Name) Attachment 1.1 EWT Contract 06-07 6 -- ~ l/IIurkfnrci!\ A111f:!'--CP ~--' lMIV.W..... Eligibility Item Adult/Dislocated Eligibility Documentation Sources . Signed Social Security Card . Pay Stub Social Security Number . Passport I . Drivers License i . W-2 Form . IRS Form Letter . Social Security Benefits Letter . Documentation specified on the 1-9 Form Citizenship, Authorization to Work . Alien Registration Card indicating right to work or Alien Status . Naturalization Certification . U.S. Passport . Foreign Passport Stamped Eligible to Work . Social Security Card ("Work Eligible") . Birth Certificate . Baptismal Recoid - . Selective Service Registration Card Selective Service Registrant . Selective Service Website printout (Applicable to males 18 years of age (http://www.ssS,Qoy) and over who were born after . Selective Service Letter 12/31/1959) . Stamped Post Office Receipt of Registration I i I . Drivers License I . Birth Certificate . Passport I . Government Issued ID Card . Baptismal or Church Record Proof of Birth Date/Age . School Records/ID Card . Hospital Record of Birth . Work Permit if date of birth is shown . Tribal Records Attachment 1.1 EWT Contract 06-07 7 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORlVl VI.-CONSENT AGENDA ITEM C.7. Requested City Commission Date Final Fonn Must be Tumed Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to Citv Clerk's Office D December 5, 2006 November 20,2006 (Noon,) D D January 2, 2007 December 18, 2006 (Noon) D March 5, 2007 February 12,2007 (Noon) D January 16,2007 January 2, 2007 (Noon) D March 20, 2007 March 5, 2007 (Noon) ~ February 13,2007 January 22, 2007 D April 3, 2007 March 19,2007 (Noon) D AnnouncementslPresentations 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: Ratify the action of the South Central Regional Wastewater Treatment & Disposal Board. EXPLANATION: On January 18,2007, the South Central Regional Wastewater Treatment & Disposal Board held its Regular Quarterly Annual meeting. At that time, the Board took action on items that are now before the City Commission for ratification. This City Commission ratification is the confirmation process for the action taken by the S.C.R.W.T.D. Board. PROGRAM IMPACT: None. FISCAL IMPACT: None AL TERNA TIVES: Not ratify their action ~ City Manager's Signature l';71 LLr~/c Department Name Assistant to City Manager ~ ~ ~ City Attorney I Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 RESOLUTION NO. R07- 2 3 4 A RESOLUTION OF THE CITY OF BOYNTON 5 BEACH, FLORIDA, RATIFYING THE ACTION 6 TAKEN BY THE SOUTH CENTRAL REGIONAL 7 W ASTEW A TER TREATMENT AND DISPOSAL 8 BOARD, ON JANUARY 18, 2007, AS STATED 9 HEREIN; AUTHORIZING AND DIRECTING 10 THE CITY MANAGER AND CITY CLERK TO 11 EXECUTE SAID AGREEMENT; AND 12 PROVIDING AN EFFECTIVE DATE. 13 14 15 WHEREAS, The South Central Regional Wastewater Treatment & Disposal Board 16 (SCRWTDB) requests ratification of the action taken by the Board at the Quarterly Meeting of 17 January 18,2007, as set forth in the attached Exhibit "A". 18 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 19 THE CITY OF BOYNTON BEACH, FLORIDA THAT: 20 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 21 being true and correct and are hereby made a specific part of this Resolution upon adoption. 22 Section 2. The City Commission does hereby ratify the action taken by the South 23 Central Regional Wastewater Treatment & Disposal Board on January 18, 2007, as to the 24 following: 25 a. Authorization to approve Hazen and Sawyer's Consulting Services 26 Work Order No. 07-004 to provide engineering, permitting and 27 bidding services for the reclaimed water system expansion in the 28 amount of$597,920 to be split 50/50 from each City's Capital Fund. 29 30 31 b. Authorization to approve Hazen and Sawyer's Consulting Services 32 Work Order No. 07-003 to provide engineering, permitting, bidding 33 and construction phase services for construction and testing of deep 34 injection well in the amount of $363,900 to be split 50/50 from each 35 City's Capital Fund S\CA\RESO\SCRWTDB Quarterly Meeting 1-18-07 Ratification doc 1 2 3 Section 3. This Resolution shall take effect immediately upon passage. 4 PASSED AND ADOPTED this _ day of February, 2007. 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 CITY OF BOYNTON BEACH, FLORIDA Mayor - Jerry Taylor Vice Mayor - Jose Rodriguez Commissioner - Ronald Weiland Commissioner - Mack McCray Commissioner- Carl McKoy ATTEST: City Clerk (Corporate Seal) S:\CA\RESO\SCRWTDB Quarterly Meeting 1-18-07 Ratification doc SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD 1801 North Congress Avenue · Delray Beach, Florida 33445 BOARD City Council Members of Boynton Beach & DeIray Beach Telephone (561) 272-7061 (561) 734-2577 Fax: (561) 265-2357 www.scrwwtp.org ~-) FROM: Robert Hagel/Lori A. Osborn 1+0 -0 ::Jt: rs; o ...0 ,::J --I ::::::i-< -"':C) C-)-n ;OJ :.1"-li~ ;::0 _~ ;.:::; :z: . . . ~--. <oJ' 0 Ii,:):;:: ~OJ - ("T1 "> rTI" ::t: TO: Ms. Janet Prainito CITY OF BOYNTON BEACH (;:) --J L- ::r:- :z: N w MEMORANDUM DA TE: January 19, 2007 RE: RATIFICATIONS FOR SIGNATURE Attached are two Ratifications from the Quarterly Annual Meeting of January 18, 2007 which require signatures. Could you please place these on the Agenda for your next Commission meeting? When you have all the signatures, keep one signed copy of each for your files and return the other executed Agreement back to us along with the signed Ratification. Please contact me at 272-7061 or losborn@scrwwtp.orq when the Ratifications are executed. Thank you. BBMemoJanuary 19, 2007 RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JANUARY 18, 2007 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on JANUARY 18, 2007, by a vote of 8-0, Authorization to approve Hazen and Sawyer's Consulting Services Work Order No. 07-004 to provide engineering, permitting, and bidding services for the reclaimed water system expansion in the amount of $597,920 to be split SO/50 from each City's Capital Funds. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton hereby ratifies said Board action independently. The above action is hereby ratified in open session by the City of Boynton Beach this _ day of , by a vote. CITY OF BOYNTON BEACH By: Mayor/City Manager Attest: City Clerk Approved as to form: City Attorney F:ldocslBdMtgsIRatifs\2006-2007\BoyntonRatif 01-18-07. doc RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JANUARY 18, 2007 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on JANUARY 18, 2007, by a vote of 8-0, Authorization to approve Hazen and Sawyer's Consulting Services Work Order No. 07-003 to provide engineering, permitting, bidding and construction phase services for construction and testing of deep injection well in the amount of $363,900 to be split SO/50 from each City's Capital Fund. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton hereby ratifies said Board action independently. The above action is hereby ratified in open session by the City of Boynton Beach this _ day of I by a vote. CITY OF BOYNTON BEACH By: Mayor/City Manager Attest: City Clerk Approved as to form: City Attorney F:ldocslBdMtgsIRatifsI2006-2007IBoyntonRatif 01-18-07.doc CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORlVl VI.-CONSENT AGENDA ITEM C.8. 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 C itv Clerk's Office D December 5, 2006 November 20,2006 (Noon.) D 0 January 2, 2007 December IS, 2006 (Noon) D March 5,2007 February 12,2007 (Noon) D January 16, 2007 January 2, 2007 (Noon) D March 20,2007 March 5, 2007 (Noon) ~ February 13,2007 January 22, 2007 D April 3, 2007 March 19,2007 (Noon) D Anno uncementslPresentations 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 RECOMMENDA TION: Staff recommends that the City Commission approve the following changes to the City of Boynton Beach Job Title List: I, Approve a revised job description (attached), in the Utilities Department for the new Engineer position (approved in the FY 2006/2007 budget) as follows: a. Engineer (PG 30) to Control Systems Engineer (PG30) 2. Approve two (2) revised job descriptions (attached) for Planning & Zoning as follows: a. Occupational License Inspector (PG 12) to Business Inspector (PG 12) b. Zoning & Licensing Manager (PG 24) to Manager, Zoning & Business Tax (PC 24) 3. Approve a revised job description (attached) for Assistant to Director PG 20 as follows: a. Assistant to Director ofITS/GIS, (PG 20) to Assistant to Director (PG20) b. Assistant to the Director ofRec. & Parks (PG20) to Assistant to Director (PG20) 4. Approve the upgrade of one (1) position in Fire Rescue as follows: a. Administrative Assistant position, (PG 14) to Assistant to Director, (PC 20) EXPLANATION: I. The Control Systems Engineer, Utilities, job description requires a Bachelor of Science Degree in electrical, chemical or control engineering, but does not require a Civil Engineer degree as the existing Engineer position requires. It also requires experience in control systems. 2. The request to change the job descriptions in Planning & Zoning is consistent with City Ordinance 06-096 to amend all reference to Occupational Licenses. 3. The request to change the Assistant to Director job description is recommended because it is more efficient to combine job titles of job descriptions with similar responsibilities and duties. The reduction in the number of duplicate job descriptions streamlines the maintenance and administration of job descriptions 4, The upgrade of (1) Administrative Assistant, pay grade 14, position in the Fire Department to assume the duties of Assistant to Director, Grade 20 reporting to the Fire Chief will permit delegation of more complex tasks to the incumbent. S\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM PROGRAM IMP ACT: More accurate job descriptions and the efficient utilization of position control to ensure consistency of positions with similar responsibilities and duties throughout the City. FISCAL IMPACT: There is no fiscal impact as a result of the upgrade in the Fire Department (Administrative Assistant to an Assistant to Director) as the additional monies will be absorbed by funds saved during the four (4) - six (6) month period in which the position was vacant during the 2006/2007 budget year. All other job description changes do not have a financial impact as they remain the same pay grade. ALTERNATIVES: Make no changes to the Engineer position and the job description will be inaccurate. Make no change to the job descriptions in Planning & Zoning and they will not be consistent with City Ordinance 06-096 which amends all references to Occupational Licenses. Make no change to the two (2) current Assistant to Director ofITS/GIS and Assistant to Director of Recreation and Parks job descriptions. Create a third new job description for Assistant to Director in the Fire Department, thus adding a third (3rd) title for positions with similar duties and res onsibilities. p ct- Assistant to City Manager ~ City Attorney 1 Finance S\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 2 RESOLUTION R07 - 3 4 5 A RESOLUTION OF THE CITY COMMISSION OF 6 THE CITY OF BOYNTON BEACH, FLORIDA, 7 APPROVING AND ADOPTING REVISIONS TO THE 8 CITY OF BOYNTON BEACH JOB TITLE LIST; AND 9 PROVIDING AN EFFECTIVE DATE. 10 11 12 WHEREAS, on January 17, 2006 the City Commission adopted Resolution 06- 13 030 approving the Classification and Compensation Study performed by MGT; and 14 WHEREAS, research has shown that more accurate job descriptions and the 15 efficient utilization of position control to ensure consistency of positions with similar 16 responsibilities and duties throughout the City. 17 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 18 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 19 20 being true and correct and are hereby made a specific part of this Resolution upon adoption 21 hereof. Section 2. The City Commission of the City of Boynton Beach, Florida does 22 23 hereby approve and adopt the following revisions to the City of Boynton Beach Job Title 24 List: 25 . 26 . 27 . 28 . 29 . 30 31 . 32 Engineer (Utilities) to Control Systems Engineer (Utilities) Assistant to Director of ITS/GIS to Assistant to Director Occupational License Inspector to Business Inspector Zoning & Licensing Manager to Manager, Zoning & Business Tax Assistant to the Director of Recreation and Parks to Assistant to Director Administrative Assistant position (Fire Department) to Assistant to Director S:\CA \RESO\Employment Matters\2006 Pay plan revisions (021307)(rev).doc 2 Section 3. This Resolution will become effective immediately upon passage. 3 PASSED AND ADOPTED this _ day of February, 2007. 4 5 CITY OF BOYNTON BEACH, FLORIDA 6 7 8 9 Mayor ~- Jerry Taylor 10 11 12 13 Vice Mayor - Jose Rodriguez 14 15 16 17 Commissioner - Ronald Weiland 18 19 20 21 Commissioner - Mack McCray 22 23 ATTEST: 24 25 Commissioner - Carl McKoy 26 27 Janet Prainito, City Clerk 28 29 30 31 (Corporate Seal) 32 S:\CA\RESO,Employmcnt Matters\200(J Pay plan revisions (021307)(rcv).doc Class Code Grade: G30 FLSA:E CITY OF BOYNTON BEACH, FLORIDA CLASSIFICATION SPECIFICATION CLASSIFICATION TITLE: CONTROL SYSTEMS ENGINEER, UTILITIES PURPOSE OF CLASSIFICATION The purpose of this classification is to manage the control systems issues of the Utilities Department. ESSENTIAL FUNCTIONS The following duties are normal for this position. The omission of specific statements of the duties does not exclude them from the classification if the work is similar, related, or a logical assignment for this classification. Other duties may be required and assigned. This position reports to the Deputy Director, Utilities for Operations and Maintenance. Specific responsibilities include: Assisting with the selection of control hardware and software to ensure adherence to the City's overall asset management strategy. Directing the installation of control equipment either as part of a major project or as manager of a control project. Developing and maintaining control system standards such as Tag Naming, HMI Screen definition, Alarming, and the collection of online measurement data in a central Historian. Programming PLC's and SCADA systems both within the plant and at all remote pumping, storage or other utility systems, and maintaining up to date copies and/or records of all control algorithms and programs. Training both the electrical and instrument & control maintenance staff in the installation, calibration and planned maintenance of all online control equipment. Ensuring that all control systems are providing and/or receiving all appropriate information from other elements of the asset management system, in particular the computerized maintenance management system (CMMS) and the laboratory information management system (L1MS). Supervises, assigned staff, processing employee concerns and problems, directing work; interviews candidates for employment and makes hiring recommendations; coordinates training activities. Coordinates department work activities in the specific area of operation; organizes and prioritizes workload; makes work assignments; monitors status of work in progress; inspects completed work; troubleshoots problem situations. Page 1 Created: January 2007 City of Boynton Beach, Florida. Control Systems Engineer, Utilities Ensures departmental compliance with all applicable codes, laws, rules, regulations, standards, policies and procedures; ensures adherence to established safety procedures; initiates any actions necessary to correct deviations or violations. Consults with assigned staff to review work requirements, status of work, and problems; assists with complex or problem situations; provides direction, advice, and technical expertise Consults with Division Managers, Deputy Director, Director and other officials as needed to review activities. Provides recommendations, resolve problems, and receive advice/direction Coordinates work activities with those of other departments, contractors, consultants, outside agencies, or others as needed. Ensures close cooperation with the ITS Department to ensure that all control systems meet appropriate standards. Oversees plan review, permitting, inspection of new construction; reviews plans for utility improvement projects; manages construction projects; and prepares project construction schedules. Coordinates procurement of equipment and contracted services; researches new products, systems, and materials; obtains pricing from contractors and suppliers; prepares specifications for materials, equipment, and services; writes, prepares, and reviews bid documents/specifications; recommends award of contracts; ensures contract compliance for all contracts and specifications. Compiles or monitors various administrative and statistical data pertaining to departmental operations; performs research as needed; makes applicable calculations; analyzes data and identifies trends; prepares or generates reports; maintains records. Prepares or completes various forms, reports, correspondence, plant operational reports, regulatory reports, change orders, specifications, permit applications, budget documents, performance appraisals, agenda items, or other documents. Receives various forms, reports, correspondence, requisitions, purchase orders, invoices, budget reports, equipment submittals, payroll sheets, vehicle maintenance requests, accident reports, operations reports, regulatory reports, production reports, quality analysis reports, engineering reports, contract documents, construction documents, engineering plans, electrical drawings, blueprints, specifications, master plans, comprehensive plans, union agreements, codes, regulations, standards, manuals, maps, reference materials, or other documentation; reviews, completes, processes, forwards or retains as appropriate. Operates a computer to enter, retrieve, review or modify data; utilizes word processing, spreadsheet, database, project management, e-mail, or other software programs. Communicates via telephone and/or mo-way radio; provides information, guidance, and assistance; takes and relays messages. Responds to complaints and questions related to department operations; provides information, researches problems, and initiates problem resolution. Communicates with Deputy Director, Director, employees, other departments, engineers, developers, contractors, consultants, inspectors, regulatory agencies, vendors, customers, the public, outside agencies, and other individuals as needed to coordinate work activities, review status of work, exchange information, resolve problems, or give/receive advice/direction. Attends City Commission meetings or other meetings; serves on committees as needed; gives speeches or presentations. Page 2 Created January 2007 City of Boynton Beach, Florida. Control Systems Engineer, Utilities Maintains a comprehensive, current knowledge of applicable laws/regulations; maintains an awareness of new trends and advances in the profession; reads professional literature; maintains professional affiliations; attends workshops and training sessions as appropriate. ADDITIONAL FUNCTIONS Operates a motor vehicle to conduct work activities. Performs clerical tasks, which may include answering the telephone and recording messages, sending/receiving faxed documents, or copying documents. Provides assistance or coverage to other employees as needed. Performs other related duties as required. MINIMUM QUALIFICATIONS Bachelor's degree in electrical, chemical or control engineering, or closely related field; supplemented by six years of experience that includes utility plant or general process control operations, control engineering, construction/design, and plan review; or any equivalent combination of education, training, and experience which provides the requisite knowledge, skills, and abilities for this job. Experience in the implementation of either DCS or SCADA control systems required. Must possess and maintain a valid Florida driver's license. Possession of Professional Engineering License (P.E.) is preferred. PERFORMANCE APTITUDES Data Utilization: Requires the ability to coordinate, manage, and/or correlate data. Includes exercising judgment in determining time, place and/or sequence of operations, referencing data analyses to determine necessity for revision of organizational components, and in the formulation of operational strategy. Human Interaction: Requires the ability to function in a managerial capacity for a division or organizational unit. Includes the ability to make decisions on procedural and technical levels. Equipment, Machinery, Tools. and Materials Utilization: Requires the ability to operate, maneuver and/or control the actions of equipment, machinery, tools, and/or materials used in performing essential functions. Verbal Aptitude: Requires the ability to utilize consulting and advisory data and information, as well as reference, descriptive and/or design data and information as applicable. Mathematical Aptitude: Requires the ability to perform addition, subtraction, multiplication and division; ability to calculate decimals and percentages; may include ability to perform mathematical operations with fractions; may include ability to compute discount, interest, profit and loss, ratio and proportion; may include ability to calculate surface areas, volumes, weights, and measures. Page 3 Created: January 2007 City of Boynton Beach, Florida. Control Systems Engineer, Utilities Functional Reasoning: Requires the ability to apply principles of logical or synthesis functions; to deal with several concrete and abstract variables; and to analyze major problems that require complex planning for interrelated activities that can span one or several work units Situational Reasoning: Requires the ability to exercise judgment, decisiveness and creativity in situations involving the direction, control and planning of an entire program or set of programs. ADA COMPLIANCE phvsical Abilitv: Tasks require the ability to exert light physical effort in sedentary to light work, but which may involve some lifting, carrying, pushing and/or pulling of objects and materials of light weight (5-10 pounds). Tasks may involve extended periods of time at a keyboard or work station. Sensory Reauirements: Some tasks require the ability to perceive and discriminate colors or shades of colors, sounds, odor, depth, texture, and visual cues or signals. Some tasks require the ability to communicate orally. Environmental Factors: Performance of essential functions may require exposure to adverse environmental conditions, such as dirt, dust, pollen, odors, wetness, humidity, rain, fumes, temperature and noise extremes, machinery, vibrations, electric currents, traffic hazards, toxic agents, disease, or pathogenic substances. The City of Boynton Beach, Florida, is an Equal Opportunity Employer. In compliance with the Americans with Disabilities Act, the City will provide reasonable accommodations to qualified individuals with disabilities and encourages both prospective and current employees to discuss potential accommodations with the employer. Page 4 Created: January 2007 Class Code 26202 Grade: 12 FLSA:N CITY OF BOYNTON BEACH, FLORIDA CLASSIFICATION SPECIFICATION CLASSIFICATION TITLE: BUSINESS INSPECTOR PURPOSE OF CLASSIFICATION The purpose of this classification is to enforce applicable federal, state, and local codes and ordinances, respond to complaints, issue citations, and prosecute cases for non-compliance. ESSENTIAL FUNCTIONS The following duties are normal for this position. The omission of specific statements of the duties does not exclude them from the classification if the work is similar, related, or a logical assignment for this classification. Other duties may be required and assigned. Interprets and enforces the provisions of applicable federal, state, and local codes, ordinances, laws, rules, regulations, standards, policies and procedures; initiates any actions necessary to correct deviations or violations. Canvasses the city for new businesses or activities subject to business tax. Performs daily life safety inspections of locations for new business applicants which is a requirement prior to obtaining a business tax receipt. Verifies discrepancies found on affidavits submitted by business owners when their tax is dependent upon the requested information. Performs status checks on delinquent accounts to ensure that businesses are in compliance. Issues notices of delinquent tax due and citations for non-compliance of city code of ordinances, Chapter 13 and Chapter 20.5 of Florida Statutes. Responds to complaints and questions concerning code violations and code enforcement issues; provides information and technical assistance; researches problems and initiates problem resolution; discusses problem areas with property owners, property managers, and contractors; mediates disputes between neighbors. Prepares or completes various forms, reports, correspondence, logs, citations, violation notices, warning notices, maps, or other documents. Operates a computer to enter, retrieve, review or modify data; utilizes word processing, database, or other software programs. Operates a variety of equipment and tools associated with the position. Follows safety procedures, utilizes safety equipment, and monitors work environment to ensure safety of employees and other individuals. Page 1 Last Revised: January 2007 City of Boynton Beach, Florida -Business Inspector 26202 Communicates via telephone and/or two-way radio; provides information and assistance; takes and relays messages; responds to requests for service or assistance. Communicates with supervisor, employees, other departments, city officials, government agencies, property owners, property managers, business owners, contractors, realtors, attorneys, homeowner associations, the public, outside agencies, and other individuals as needed to coordinate work activities, review status of work, exchange information, or resolve problems. Maintains a comprehensive, current knowledge of applicable laws/regulations; maintains an awareness of new trends and advances in the profession; reads professional literature; maintains professional affiliations; attends workshops and training sessions as appropriate. ADDITIONAL FUNCTIONS Performs other related duties as required. MINIMUM QUALIFICATIONS High school diploma or GED; supplemented by three (3) years previous experience and/or training involving customer service, building construction, building inspection, or code enforcement; or any equivalent combination of education, training, and experience which provides the requisite knowledge, skills, and abilities for this job. Must possess and maintain valid Florida Association of Code Enforcement Level I Certification. Must possess and maintain a valid Florida driver's license. PERFORMANCE APTITUDES Data Utilization: Requires the ability to review, classify, categorize, prioritize, and/or analyze data. Includes exercising discretion in determining data classification, and in referencing such analysis to established standards for the purpose of recognizing actual or probable interactive effects and relationships. Human Interaction: Requires the ability to provide guidance, assistance, and/or interpretation to others regarding the application of procedures and standards to specific situations. EQuipment, Machinery, Tools. and Materials Utilization: Requires the ability to operate, maneuver and/or control the actions of equipment, machinery, tools, and/or materials used in performing essential functions. Verbal Aptitude: Requires the ability to utilize a wide variety of reference and descriptive data and information. Mathematical Aptitude: Requires the ability to perform addition, subtraction, multiplication, and division. Functional ReasoninQ: Requires the ability to carry out instructions furnished in written, oral, or diagrammatic form. Involves semi-routine standardized work with some latitude for independent judgment concerning choices of action. Situational ReasoninQ: Requires the ability to exercise judgment, decisiveness and creativity in situations involving evaluation of information against measurable or verifiable criteria. Page 2 Last Revised: January 2007 City of Boynton Beach, Florida .Business Inspector 26202 ADA COMPLIANCE Phvsical Abilitv: Tasks require the ability to exert moderate, though not constant physical effort, typically involving some combination of climbing and balancing, stooping, kneeling, crouching, and crawling, and which may involve some lifting, carrying, pushing and/or pulling of objects and materials of moderate weight (12-20 pounds). Sensory Requirements: Some tasks require the ability to perceive and discriminate colors or shades of colors, sounds, odor, depth, texture, and visual cues or signals. Some tasks require the ability to communicate orally. Environmental Factors: Performance of essential functions may require exposure to adverse environmental conditions, such as dirt, dust, pollen, odors, wetness, humidity, rain, fumes, temperature and noise extremes, bright/dim light, machinery, traffic hazards, toxic agents, violence, disease, pathogenic substances, or animal attacks. The City of Boynton Beach, Florida, is an Equal Opportunity Employer. In compliance with the Americans with Disabilities Act, the City will provide reasonable accommodations to qualified individuals with disabilities and encourages both prospective and current employees to discuss potential accommodations with the employer. Page 3 Last Revised: January 2007 Class Code 24069 Grade: 24 FLSA:E CITY OF BOYNTON BEACH, FLORIDA CLASSIFICATION SPECIFICATION CLASSIFICATION TITLE: MANAGER, ZONING AND BUSINESS TAX PURPOSE OF CLASSIFICATION The purpose of this classification is to perform professional administrative work at the managerial level overseeing the daily operations of the Planning and Zoning Business Tax Division and permit plan review. Directs the business tax process; provides interpretation of zoning information, as well as related code regulations. Supervises subordinate staff and performs administrative and management functions including personnel administration, budgeting, and operations management ESSENTIAL FUNCTIONS The following duties are normal for this position. The omission of specific statements of the duties does not exclude them from the classification if the work is similar, related, or a logical assignment for this classification. Other duties may be required and assigned. Supervises assigned staff; oversees and directs daily work operations; instructs, assigns and reviews work; maintains standards through the effective coordination of activities; allocates personnel; acts on employee problems; provides recommendations involving selection, transfers, promotions, and disciplinary action: conducts employee evaluations: conducts staff meetings; administers the City's personnel policy, collective bargaining agreements and administrative policy; sets performance standards and position responsibilities for staff; sets operational policy for the division. Provides direction to staff, other departments, business applicants and receipt holders, and the general public, on property zoning, use, business tax regulations, applicability and outside agency requirements; provides interpretation of city and State code regulations to staff members and the public. Performs various tasks involving zoning issues and questions; reviews and assists staff with permit related zoning questions: assists the public with zoning questions; prepares zoning verification correspondence. Performs related administrative tasks to support the daily and overall operations of the business tax division and Planning and Zoning Department; complies and prepares the business tax division budget: oversees budgetary spending and authorizes expenditures for that division ensuring compliance with established budgetary guidelines; prepares, completes and reviews reports related to planning, zoning, business tax, and permit issues Interacts with business tax receipt applicants during the application process; assists in conducting pre- application meetings for the public, developers, and merchants for both zoning and business tax issues; analyzes business tax receipt applications to determine legality, physical location of proposed use, verifies zoning, researches prior use; provides interpretation of code regulations; conducts business site inspections to determine use. Page 1 Last Revised: January 2007 24069 Coordinates the renewal process; oversees processing, approval and issuance of business tax receipts in conjunction with other departments. Interacts with various individuals and groups involved in the licensing process; meets with various City inspectors for case analysis; meets with superiors to analyze various business tax issues. Prepares reports, correspondence, memorandums, and e-mail concerning business tax and zoning policies, procedures, and regulations; writes and interprets parcel legal descriptions; reviews existing codes for compatibility with State laws: recommends changes to city ordinances. Researches information from the State, County, adjacent municipalities and other agencies to determine relevance; conducts special studies and research involving uses, zoning, local, State, or Federal laws applicable to the City; interprets the provisions of applicable local, State, Federal and other regulating agency requirements and standards. Researches and prepares Commission Agenda items related to business tax and zoning issues for City Commission review/approval. Maintains the City zoning and business tax data layers in GIS; prepares maps and analytical reports from GIS. ADDITIONAL FUNCTIONS Participates and represents the City at local governmental meetings to discuss zoning and business tax issues; attends various meetings and conferences as required; participates in professional organizations; works with other cities/counties in compiling cases and laws supporting state statues and local laws and ordinances. Operates a computer to enter, retrieve, review or modify data; utilizes word processing, spreadsheet, database, desktop publishing, or other software programs. Communicates via telephone and/or two-way radio; provides information and assistance; takes and relays messages; responds to requests for service or assistance. Attends meetings; serves on committees as needed; makes speeches or presentations. Performs other related duties as required. MINIMUM QUALIFICATIONS Bachelor's degree in planning, public administration, general studies, geography, or related field with three to five years experience at the supervisory level with the ability to read, interpret analyze and administer City, State, County and other agency codes, policies and regulations; interpret create, review and process maps, graphics, legal descriptions; manage a division; possess knowledge and experience dealing with zoning; and/or training that includes governmental licensing, taxation; or any equivalent combination of education, training, and experience which provides the requisite knowledge, skills, and abilities for this job. Requires certification in ARCGIS 8 to create and maintain maps. Page 2 Last Revised: January 2007 City of Boynton Beach, Florida' Manager, Zoning and Business Tax 24069 PERFORMANCE APTITUDES Data Utilization: Requires the ability to evaluate, audit, deduce, and/or assess data using established criteria. Includes exercising discretion in determining actual or probable consequences and in referencing such evaluation to identify and select alternatives. Human Interaction: Requires the ability to perform in a supervisory capacity over subordinate supervisors. EQuipment. Machinery. Tools. and Materials Utilization: Requires the ability to operate, maneuver and/or control the actions of equipment, machinery, tools, and/or materials used in performing essential functions. Verbal Aptitude: Requires the ability to utilize a wide variety of reference, descriptive, and/or advisory data and information. Mathematical Aptitude: Requires the ability to perform addition, subtraction, multiplication, and division; the ability to calculate decimals and percentages; ability to perform mathematical operations involving basic algebraic principles and formulas, and basic geometric principles and calculations. Ability to read and write real property legal descriptions. Functional Reasoning: Requires the ability to apply principles of influence systems, such as motivation, incentive, and leadership, and to exercise independent judgment to apply facts and principles for developing approaches and techniques to resolve problems. Situational Reasoning: Requires the ability to exercise judgment, decisiveness and creativity in situations involving evaluation of information against measurable or verifiable criteria. ADA COMPLIANCE phvsical Ability: Tasks require the ability to exert moderate, though not constant physical effort, typically involving some combination of climbing and balancing, stooping, kneeling, crouching, and crawling, and which may involve some lifting, carrying, pushing and/or pulling of objects and materials of moderate weight (12-20 pounds). Tasks may involve extended periods of time at a keyboard or work station. Sensory ReQuirements: Some tasks require the ability to perceive and discriminate visual cues or signals. Some tasks require the ability to communicate orally. Environmental Factors: Performance of essential functions may require exposure to adverse environmental conditions, such as dirt, dust, pollen, odors, wetness, humidity, rain, fumes, smoke, temperature and noise extremes, hazardous materials, machinery, vibrations, electric currents, traffic hazards, bright/dim lights, animal/wildlife attacks, animal/human bites, water hazards, violence, disease, rude/irate customers, bright/dim light, or electric currents. The City of Boynton Beach, Florida, is an Equal Opportunity Employer. In compliance with the Americans with Disabilities Act, the City will provide reasonable accommodations to qualified individuals with disabilities and encourages both prospective and current employees to discuss potential accommodations with the employer Page 3 Last Revised: January 2007 Class Code Grade: 20 FLSA:E CITY OF BOYNTON BEACH, FLORIDA CLASSIFICATION SPECIFICATION CLASSIFICATION TITLE: ASSISTANT TO DIRECTOR PURPOSE OF CLASSIFICATION The purpose of this classification is to provide administrative and financial support to a Department Director. ESSENTIAL FUNCTIONS The following duties are normal for this position. The omission of specific statements of the duties does not exclude them from the classification if the work is similar, related, or a logical assignment for this classification. Other duties may be required and assigned. Processes a variety of documentation associated with department operations, per established procedures and within designated timeframes; distributes documentation or retains records as appropriate. Coordinates budget activities; compiles, prepares and presents division, group, and overall department budgets for operating expenses, capital expenditures, personnel requests, and vehicle requests; analyzes department salaries; reviews/analyzes general ledgers of each division; analyzes budget to actual expenditures for quarterly reports; develops, modifies, and maintains department's financial model. Provides administrative and financial support to department director; receives/greets visitors; maintains director's appointment calendar; coordinates meetings; uses word processing program to type, design, and generate reports, correspondence, and graphic presentations; performs follow-up on and tracks status of director's correspondence; advises director on administrative/financial procedures; provides feedback on human resources issues. Processes various financial documentation; may prepare or verifies/approves payroll for all divisions; monitors daily attendance; approves requests for vacation, leave, and training; approves supply requisitions; solicits price quotes; verifies/approves accounts payable check requests. Performs administrative and financial functions relating to overall department operations; assists division/group managers with administrative issues; coordinates departmental administrative staff and resources; reviews/revises department policies; administers City personnel policies; assists in recruiting and screening applicants for employment; modifies and maintains departmental organizational charts; maintains vehicle maintenance records; records/transcribes meeting minutes; reviews and re-designs various forms used within the department; and processes requests for public records. Conducts special projects and performs project management, as assigned by director. Prepares or completes various forms, reports, correspondence, budgets, budget requests, variance reports, payroll documents, project reports, organizational charts, flow charts, agendas, meeting minutes, training materials, presentation materials, graphs, or other documents. Receives various forms, reports, correspondence, vehicle maintenance reports, general ledger detail reports, employment applications, resumes, check requests, personnel authorizations, supply requisitions, public Page 1 Created: January, 2007 1/24/2007; 4:15:28 PM; S:\HR Policies and Procedures\ Class Specifications\Draft Class Specifications\Asst to the Director City of Bo nton Beach, Florida. Assistant to Director Human Interaction Requires the ability to provide guidance, assistance, and/or interpretation to others regarding the application of procedures and standards to specific situations. Equipment. Machinery. Tools. and Materials Utilization: Requires the ability to operate, maneuver and/or control the actions of equipment, machinery, tools, and/or materials used in performing essential functions. Verbal Aptitude: Requires the ability to utilize a wide variety of reference and descriptive data and information Mathematical Aptitude: Requires the ability to perform addition, subtraction, multiplication, and division; the ability to calculate decimals and percentages; the ability to utilize principles of fractions; and the ability to interpret graphs. Functional Reasoning: Requires the ability to carry out instructions furnished in written, oral, or diagrammatic form. Involves semi-routine standardized work with some latitude for independent judgment concerning choices of action. Situational Reasoning: Requires the ability to exercise judgment, decisiveness and creativity in situations involving a variety of generally pre-defined duties, which are often characterized by frequent change. ADA COMPLIANCE phvsical Ability: Tasks require the ability to exert light physical effort in sedentary to light work, but which may involve some lifting, carrying, pushing and/or pulling of objects and materials of light weight (5-10 pounds). Tasks may involve extended periods of time at a keyboard or workstation Sensory Requirements: Some tasks require the ability to perceive and discriminate sounds and visual cues or signals. Some tasks require the ability to communicate orally. Environmental Factors: Essential functions are regularly performed without exposure to adverse environmental conditions. The City of Boynton Beach, Florida, is an Equal Opportunity Employer. In compliance with the Americans with Disabilities Act, the City will provide reasonable accommodations to qualified individuals with disabilities and encourages both prospective and current employees to discuss potential accommodations with the employer. Created: January, 2007 Page 3 The City of Boynton Beach FL William L. Bingham Boynton Beach Fire Rescue Department lOO E. Boynton Beach Boulevard Boynton Beach, Florida 33435 Phone: (56l) 742-633l FAX: (56l) 742-6334 E-mail: binghamw@ci.boynton-beach.jl.us www.bbfrd.org January 22, 2007 R EC.t-rl.ft"'D" CI r C) JAN 2 2 2001 f{r r~/rA ,,>> ... ,_ "" , .. rl :"" ; 'd J' ~ Po ,,.,. .. tt '"t :' 'r".(,;,"/~~r r~.'. . ,. ... ';",1 \..ii'., , '."/""'!'l ~ h \,.;. t..) Sharyn Goebelt Human Resource Director Dear Sharyn, I respectfully request that the position recently vacated by Yvonne Westerman, Administrative Assistant be upgraded to the position of Assistant to the Director. Over the next few years, as a result of a staff employee currently in the DROP program, I have an opportunity to make an adjustment to various staff functions that I feel will provide a more efficient organization. This can be done through attrition, without adversely impacting any current employee, and ultimately reducing total employee salary cost within the next few years. This issue has been discussed with the City Manager Bressner and he concurs. Any cost associated with this change for the FY2006-07 budget will be absorbed by funds saved by the four-six gap period during which this position was vacant. I am requesting no additional salary funding. cc. Mr. Kurt Bressner r t{l \r~..:::", .i ..~. .' ~ i' \ 'v,\ \ 0\ )- "..' .,./ ,/ .. to ~ . i>'v CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FOR VI.-CONSENT AGENDA ITEM C.g 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 December 5,2006 November 20,2006 (Noon.) D D January 2, 2007 December IS, 2006 (Noon) D March 5, 2007 February 12,2007 (Noon) 0 January 16, 2007 January 2, 2007 (Noon) D March 20, 2007 March 5, 2007 (Noon) r8J February 13,2007 January 22,2007 D April 3, 2007 March 19,2007 (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 0 RECOMMENDATION: Authorization to enter into an interlocal agreement with funding in the amount of $300,000 with Palm Beach County as a partner to implement the Youth Violence Prevention Project (YVPP) in a targeted area of the City of Boynton Beach. EXPLANATION: The Palm Beach County Board of County Commission allocated $2 million for the development of a YVPP to support five municipalities at greatest risk for future violence. The City of Boynton Beach was one of the five municipalities identified through research conducted by Florida State University College of Criminology and Criminal Justice. The purpose of the YVPP is to develop a comprehensive strategy and implementation plan to prevent and combat youth violence in target areas. The City of Boynton Beach submitted a proposal (see Exhibit A) to the CJ C on October 31, 2006 to establish a YVPP in the geographical area outlined as 1-95 to the West, Federal Highway to the East, Miner Road to the North, and Woolbright Road to the South. The proposal outlines a 7-step strategy development and implementation process which will be overseen by a diverse Steering Committee consisting of key policy and administrative leaders of the City, community organizations and community leaders concerned with the youth violence problem in the City of Boynton Beach. The project will also establish a Teen Council consisting of the youth/teens residing in the City of Boynton Beach that will serve as a forum for youth/teen voices and a sub-committee of the Steering Committee. Program services will be provided through various city facilities; Hester Center, Wilson Center, Art Center, Madsen Center, and Library. The Hester Center will temporarily serve as a Youth Empowerment Center until the Wilson Center construction is complete. Programs such as after-school activities, mentoring, job training, parenting classes, employment services, tutorial assistance, life skills, cultural diversity training, health, recreation, transportation, and community outreach will be delivered under this initiative. PROGRAM IMPACT: Awarded funding will support the creation of three professional staff positions, YVPP Coordinator, Teen Project Specialist and an Administrative Assistant. These positions are critical to maintaining continuity and consistency of the project and day-to-day operations. Funds also support internal administrative program costs and sub-grant awards to community organizations that are currently providing essential youth prevention and intervention services to the target area. This YYPP is a comprehensive strategy to reduce crime and revitalize neighborhoods. The YVPP will operate under the auspices of Neighborhood Services. FISCAL IMPACT: (Include Account Number where funds will come from) According to CJC it is intended that funding for YVPP will be maintained for three (3) years. This agreement commences February 27,2007 and terminates September 30, 2007. The City will renew is funding application annually; however future funding requests will increase as the current award accounts for only 60% of the YVPP operations. The City is contributing an estimated $500,000 in in-kind costs to the YVPP. ALTERNATIVES: Not to enter into the project agreement and forfeit the grant award. S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM ~~ City Manager's Signatu\e Assistant to City Manager ~ City Attorney / Finance Department Name S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC II , I I I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 RESOLUTION R07- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING EXECUTION OF AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND PALM BEACH COUNTY FOR FUNDING IN THE AMOUNT OF $300,000.00 TO ESTABLISH A YOUTH VIOLENCE PREVENTION PROJECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Palm Beach County Board of County Commissioners directed the Criminal Justice Commission to develop a Youth Violence Prevention Program which would address the increase in violent firearms crimes; and 15 WHEREAS, in September, 2006, the Board of County Commissioners approved 16 funding to support five (5) municipalities at greatest risk for future violence in the amount of 17 $2,000,000.00 for the development of a Youth Violence Prevention Program; and 18 WHEREAS, the City of Boynton Beach was one of the five (5) municipalities 19 identified through research conducted by Florida State University College pf Criminology 20 and Criminal Justice; and 21 WHEREAS, awarded funding will support the creation of three professional staff 22 positions which are critical to maintaining continuity and consistency of the project and day 23 to day operations; and 24 WHEREAS, the City Commission of the City of Boynton Beach upon 25 recommendation of staff, deems it to be in the best interest of the citizens of the City of 26 Boynton Beach to authorize execution of the Interlocal Agreement with Palm Beach County 27 for funding in the amount of $300,000.00 to implement the Youth Violence Prevention 28 Program in the City of Boynton Beach. 29 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF S:\CA\RESO\Agreements\lnterlocalsIlLA with PBC for YVPP.doc THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 2 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 3 being true and correct and are hereby made a specific part of this Resolution upon adoption 4 hereof. 5 Section 2. Upon recommendation of staff, this Commission does hereby 6 authorize execution of this Interlocal Agreement between the City of Boynton Beach and 7 Palm Beach County for funding in the amount of $300,000.00 to implement the Youth 8 Violence Prevention Program in the City of Boynton Beach, a copy of said Agreement is 9 attached hereto and made a part hereof as Exhibit "A". 10 Section 3. That this Resolution shall become effective immediately upon 11 passage. 12 PASSED AND ADOPTED this _ day of February, 2007. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 CITY OF BOYNTON BEACH, FLORIDA Mayor -- Jerry Taylor Vice Mayor - Jose Rodriguez Commissioner - Ronald Weiland Commissioner - Mack McCray ATTEST: Commissioner - Carl McKoy City Clerk (Corporate Seal) S:\CA\RESO\Agreements\lnterlocals\ILA with PBC for YVPP.doc INTERLOCAL AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS, PALM BEACH COUNTY, FLORIDA, AND THE CITY OF BOYNTON BEACH, FLORIDA THIS INTERLOCAL AGREEMENT is made the twenty-seventh day of February, 2007 by and between the Board of County Commissioners, Palm Beach County, a political subdivision of the State of Florida, Florida (herein referred to as the "COUNTY"), and the City of Boynton Beach, a municipality located in Palm Beach County, Florida (herein referred to as the "CITY"), each one constituting a public agency as defined in Part I of Chapter 163, Florida Statutes. WITNESSETH: WHEREAS, Section 163.01 of the Florida Statutes, known as the "Florida Interlocal Cooperation Act of 1969," authorizes local governmental units to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities in a manner and pursuant to forms of governmental organization that will harmonize geographic, economic, population and other factors influencing the needs and development of local communities; and WHEREAS, Part I of Chapter 163 of the Florida Statutes permits public agencies as defined therein to enter into interlocal agreements with each other to exercise jointly any power, privilege, or authority which such agencies share in common and which each might exercise separately; and WHEREAS, February 15, 2005, the Board of County Commissioners (BCC) directed the Criminal Justice Commission (CJC) to develop a Youth Violence Prevention Project which would address the increase in violent firearms crimes; and WHEREAS, the purpose of the Youth Violence Prevention Project is to develop a comprehensive strategy including the four components of the criminal justice system and implementation plan to prevent and combat gun related youth violence in targeted areas of Palm Beach County; and WHEREAS, Florida State University College of Criminology and Criminal Justice aggregated the data, and identified programs around the country considered to be the most effective and GIS mapping identified the five areas of greatest concern as Riviera Beach, Boynton Beach, Lake Worth, Boynton Beach, and Belle Glade; and WHEREAS, four subcommittees, crime prevention, law enforcement, courts and corrections, developed the comprehensive plan for countywide strategies and programs for the targeted areas; and WHEREAS, on September 21, 2006 the BCC approved funding in the amount of $2,000,000 to initiate partnerships with the cities to implement the Youth Violence Prevention Project; and Page 1 of 5 Pages WHEREAS, the COUNTY, will reimburse the CITY for the expenses outlined in the Budget Narrative in Exhibit "A", up to the amount of $300,000 from February 27, 2007 through September 30, 2007 for the Youth Violence Prevention Project set forth in Exhibit "B". A copy of the budget is attached as Exhibit "B" and by this reference incorporated herein; and WHEREAS the CITY will provide services and expenditures in the targeted areas as set forth in Exhibits "A" and "B"; and NOW, THEREFORE, in consideration of the mutual representations, terms and covenants hereinafter set forth, the parties hereto agree as follows: SECTION 1. PURPOSE and PAYMENT The CITY agrees that it shall implement a Youth Violence Prevention Project in partnership with the COUNTY and adhering to the concepts proposed by the CJC and approved by the BCC, outlined in the Youth Violence Prevention Project Implementation Plan in Exhibit "E". The COUNTY agrees to reimburse the CITY for the expenses in Exhibit "B" for the Program in a total amount not to exceed $300,000 which payment shall constitute the entire financial obligation on behalf of the COU NTY for the period commencing on February 27, 2007 and terminating on September 30, 2007 as contained in Exhibit "B" incorporated herein by reference. SECTION 2. REPRESENT A TIVE/MONITORING POSITION The COUNTY'S representative/contract monitor during the term of this Agreement shall be Rebecca Walker, whose telephone number is (561) 355-1739. The CITY'S representative/contract monitor during the term of this Agreement shall be Regenia H, Scott, whose telephone number is (561) 742- 6028. SECTION 3. EFFECTIVE DATE/TERMINATION This Agreement shall take effect upon execution and shall continue in full force and effect up to and including September 30, 2007 unless otherwise terminated as provided herein. SECTION 4. RESPONSIBILITIES AND DUTIES The CITY agrees to: provide services in accordance with the Youth Violence Prevention Project Implementation Plan delineated in Exhibit "E", The CITY agrees to: continue to sustain the Youth Violence Prevention Project as outlined in the Implementation Plan delineated in Exhibit "E", SECTION 5. PAYMENTS/INVOICING AND REIMBURSEMENT The CITY shall submit monthly programmatic reports (Exhibit "C") and invoices (Exhibit "0") to the COUNTY which will include a reference to this Agreement, identify the project and identify the amount due and payable to the CITY, as well as confirmation of the city's expenditures for the Project. Invoices shall be itemized in sufficient detail for prepayment audit thereof. The CITY shall supply any further documentation deemed necessary by the COUNTY, including detailed data for the purposes of evaluation of the Page 2 of 5 Pages project. Invoices received from the CITY will be reviewed and approved by the staff of the COUNTY'S CJC, indicating that expenditure has been made in conformity with this Agreement and then will be sent to the COUNTY's Finance Department for final approval and payment. Invoices will normally be paid within thirty (30) days following approval. SECTION 6. ACCESS AND AUDITS The CITY shall maintain adequate records to justify all charges, expenses, and costs incurred in performing the work for at least three (3) years after completion of the projects. The COUNTY shall have access to all books, records and documents as required in this section for the purpose of inspection or audit during normal business hours. SECTION 7. BREACH/OPPORTUNITY TO CURE The parties hereto expressly covenant and agree that in the event either party is in default of its obligations herein, the party not in default shall provide to the party in default thirty (30) days written notice to cure said default before exercising any of its rights as provided for in this Agreement. SECTION 8. TERMINATION This Agreement may be terminated by either party to this Agreement upon sixty (60) days written notice to the other party. SECTION 9. ATTORNEY'S FEES Any costs or expenses (including reasonable attorney's fees) associated with the enforcement of the terms and/or conditions of this Agreement shall be borne by the respective parties, however, this clause pertains only to the parties to this Agreement. SECTION 10. NOTICE AND CONTACT All notices provided under or pursuant to the Agreement shall be in writing, delivered either by hand or by first class, certified mail, return receipt requested, to the representatives identified below at the address set forth below. For the COUNTY: Rebecca Walker Youth Violence Prevention Planning Coordinator Criminal Justice Commission 301 N. Olive Ave., Suite 1001 Boynton Beach, Florida 33401 With a copy to: Palm Beach County Board of County Commissioners Dawn Wynn, Assistant County Attorney 301 North Olive Avenue Boynton Beach, FL 33401 For the CITY: Regenia H. Scott, Neighborhood Services City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435 Page 3 of 5 Pages SECTION 11. DELEGATION OF DUTY Nothing contained herein shall be deemed to authorize the delegation of the constitutional or statutory duties of the officers of the COUNTY and CITY. SECTION 12. FILING A copy of this Agreement shall be filed with the Clerk and Comptroller in and for Palm Beach County. SECTION13. LIABILITY The parties to this Agreement and their respective officers and employees shall not be deemed to assume any liability for the acts, omissions, and negligence of the other party. Further, nothing herein shall be construed as a waiver of sovereign immunity by either party, pursuant to Section 768.28, Florida Statutes. SECTION 14. REMEDIES This Agreement shall be construed by and governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Agreement will be held in Palm Beach County. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other 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. SECTION 15. EQUAL OPPORTUNITY PROVISION The COUNTY and the CITY 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. SECTION 16. INSURANCE BY CITY OF BOYNTON BEACH Without waiving the right to sovereign immunity as provided by s.768.28 F.S., CITY acknowledges to be self-insured for General Liability and Automobile Liability under Florida sovereign immunity statutes with coverage limits of $100,000 Per Person and $200,000 Per Occurrence; or such monetary waiver limits that may change and be set forth by the legislature. In the event CITY maintains third-party Commercial General Liability and Business Auto Liability in lieu of exclusive reliance of self-insurance under s.768.28 F.S., CITY shall agree to maintain said insurance policies at limits not less than $500,000 combined single limit for bodily injury or property damage. The CITY agrees to maintain or to be self-insured for Worker's Compensation & Employer's Liability insurance in accordance with Florida Statute 440. When requested, CITY shall provide an affidavit or Certificate of Insurance evidencing insurance, self-insurance and/or sovereign immunity status, which the COUNTY agrees to recognize as acceptable for the above mentioned coverages. Compliance with the Page 4 of 5 Pages foregoing requirements shall not relieve the CITY of its liability and obligations under this Interlocal Agreement. Section 17. CAPTIONS The captions and section designations herein set forth are for convenience only and shall have no substantive meaning. Section 18. SEVERABILITY In the event that any section, paragraph, sentence, clause, or provision hereof be 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. SECTION 19. ENTIRETY OF AGREEMENT This Agreement represents the entire understanding between the parties, and supersedes all other negotiations, representations, or agreement, written or oral, relating to this Agreement. ATTEST: Sharon R. Bock, Clerk and Comptroller PALM BEACH COUNTY, FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS By: Deputy Clerk By: Addie L. Greene, Chairperson (SEAL) WITNESSES: CITY: Boynton Beach, FL APPROVED AS TO FORM AND LEGAL SUFFICIENCY APPROVED AS TO TERMS AND CONDITIONS By: County Attorney By: L. Diana Cunningham, Executive Director Criminal Justice Commission Page 5 of 5 Pages <( t-- s::: 0 0 "2 N 111 C 111 C") "E ... 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'CiJ .... 0 CJl 0... 0 ~ C) u u ~ C) t:: .::: ~ ...... .... ro 0 on .... .- 0 ...... ~ >- CJl .... ..... ...c: 0... t:: < .- S ::: 8 E-- C) 0 0 C) "Cl ~ f- ~ E-- ..... M ~ ...,. If) \C t- oo 0\ Q ..... M ~ ...,. If) \C t- oo 0'\ Q ..... ..... ..... ...... ...... ...... ...... ..... ..... ...... M Exhibit B City of Boynton Beach Youth Violence Prevention Project For Palm Beach County Criminal Justice Commission Proposed Budget for Year Ending: September 2007 A. Salaries Position % of Annual Detailed BudQet NarrativelWorksheet (Revised 12/20/06) Dates # of Salary Per % of Tot. Time Salarv From To Pay Per. Pay Period Salarv Amount Total YVPP 100 $44,235.00 3/12/07 9/30/07 14 $1,701.35 54 $23,819.00 $23,819.00 Coordinator Teen Program 100 $38,849.00 4/16/07 9/30/07 11 $1,494.20 43 $16,436.00 $16,436.00 Coordinator Administrative 100 $34,812.00 3/19/07 9/30/07 14 $1,338.93 54 $18,745.00 $18,745.00 Assistant Total: $59,000.00 B. Employee Benefits The computation is based on FICA rate (7.65%), pension rate (12.91%), health premiums ($5,500 each), unemployment and workers compensation rate by position classification. YVPP Coordinator unemployment and worker's compensation rate figured at .1676% and Teen Program Coordinator and Teen Program Assistant are at 2.7355%. C f PositIOn amp uta IOn Cost Position 1: YVPP Coordinator See above $8,858.00 Position 2: Teen Program Coordinator See above $6,835.00 Position 4: Administrative Assistant See above $7,111.00 Total: $22,804.00 C. Travel Conference/Reaistra tion/Tra vel Pur ose of Travel Location T & T 2: National Conference TBD on Preventing Crime in the Black Communit TBD TBD TBD D. Communications Item Cellular Phones to support field work, program planning and direct access to contact information. Detail Budget Worksheet City of Boynton Beach YVPP 2006-2007 Application for Funding Item Hotel Com utation Cost 14 people x $125 per night $5,250.00 x 3 nights Per Diem $2,240.00 Vehicle Rental $200.00 $2,100.00 Registration Fees Total: $10,125.00 Com utation $100 per month x 7 months 0 (Blackberry for YVPP Coord) $100 per month x 5 months (Blackberry for Teen Coord Up to 10 packages at $15 each Cost $700.00 $500.00 $150.00 Total: 1,350.00 1 Exhibit B E. Printing & Supplies Item Computation Cost Office Supplies (paper, pens, folders, $200 month x 7 months $1,400.00 etc.) Program Supplies (computer software, $200 month x 7 months $1,400.00 and qames" crafts, etc.) Printing & Publications (brochures, Avg. $1.25 per item piece x @ 4,000 item pieces $5,000.00 flyers, newsletters, etc.) Total: $7,800.00 F. Food Service Item Computation Cost Refreshments for Community Meetings Approx. $200 per event x 1 5 events and $3,000.00 and Special Events (Youth Council special event activities meeting and activities, community meetinqs, youth rallies/forums, etc.) Total: $3,000.00 G. Other 1. Buildina Maintenance Pur: ose Janitorial and minor repair costs associated with buildin usa e Com utation $292.00 x 6 months Cost $1,752.00 Total: $1,752.00 2. Equipment Rental & Maintenance Item Co ier Lease Cost $1,169.00 Total: $1,169.00 3. Membership Dues Item National Crime Prevention membershi Youth Service America Com utation overnment membershi overnment membershi Cost $100.00 $400.00 Total: $500.00 4. Trainina & Developments Item Staff/Board participation In Local Workshops and Seminars relative to YVPP Program Development, Professional Development, Strate ic Plannin ,Communit En a ement, etc. Com utation 10 staff /board members x $50 per person x 5 courses Cost $2,500.00 Total: $2,500.00 5. Award & Grants Item Computation Cost Grant awards to Boynton Beach grassroots organizations to Provide a total of up to 3 grant $180;000.00 provide and/or expand existing services to youth and teens awards at approximately in target area providing direct services with the following $60,000 per grant award. focus: tutorial and homework assistance, FCAT preparation, employability skills, teen speak-outs, gang prevention, drug-prevention, drop-out prevention, teen civic engagement, college and educational tours, etc. These services will be requested through RFQ or RFP process and in accordance with City policies and procedures. Total: $180,000.00 Detail Budget Worksheet City of Boynton Beach YVPP 2006-2007 Application for Funding 2 Exhibit B H. Equipment Item Office Com uters for staff Office Printer Laser Jet Printer for Coordinators Cost $6,000.00 $3,500.00 $500.00 Total: $10,000.00 GRAND TOTAL: $300,000.00 IN-KIND CONTRIBUTION: $500,000.00 Item Description Estimated Value Ezell Hester Center Serves as temporary site for Youth $175,000.00 Empowerment Center. This center is exclusively target at the youth in the target area and the value takes into account the use by the YVPP taraeted population Wilson Center Will serve as permanent Youth Empowerment Not included in 2006-07 Center and is a $14 million building. value estimations Scheduled to open 12/2007. Madsen Center Will serve as site for Teen Council Meeting $100,000.00 and site for Teen activities Boynton Beach Library $61 million renovations in place that will $137,000.00 include a wing exclusive for teen and youth activities schedule to open April 2007. Other City Staff Contribution A collaborative team will work with the $54,000.00 implementation and development of new initiatives. Approx. 20 staff from various city departments will contribute an average of 10 hours per month at an estimated value of $45 per hour x 6 months Steering Committee Contribution Steering Committee consist of approx. 10 $9,000.00 volunteer members of the community and time is valued at $15 per hour x 10 per month x 6 months Program Cost Assistance: Other costs to enhance the development of $25,000.00 the program not approved in grant award such as additional equipment, ITS services, supplies, etc. These values are estimates that are very modest primarily due to the uncertainties with the program's start-up. The target area has a vast majority of the city's program and service facilities positioned in the heart of the site's geographical boundaries. 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OlO COl:J E '" _ co ~IS Exhibit E Criminal Justice Commission Implementation Plan for Youth Violence Prevention Project Each participating city, in recognition of the findings of the Criminal Justice Commission's Youth Violence Prevention Project Steering Committee that youth violence must be addressed in a comprehensive and systematic way, wishes to participate in this worthwhile project. Each participating city agrees to: · Abide by the requirement that all city-related projects and efforts will service the residents within the identified geographic areas as outlined by Criminal Justice Commission maps · The city will make a commitment of building space for services within the identified geographical areas · Design a phase-in plan, including timeline, for the creation of a Youth Empowerment Center · Design a phase-in plan, including timeline, for a Justice Service Center · Participate in the multi-agency task force law enforcement component of the Youth Violence Prevention Project · Utilize the findings of the Project's 500 youth surveys to develop and prioritize youth empowerment programs · Pay the city's portion of all goods, services, and personnel used in connection with this project · Develop separate community advisory boards for youth and young adults · Participate in all aspects of evaluation including data collection, data sharing, site monitoring and visits Background: The Criminal Justice Commission utilized a national model created by the U.S. Department of Justice, Office of Justice Programs for the development of the Youth Violence Prevention Project. A comprehensive approach was developed using the research compiled by Florida State University and involved professionals from the criminal justice system, education, and human services, and local youth. Florida State University, Center for Public Policy in Criminal Justice, assimilated and analyzed local violent crime data which demonstrates, after a decline from 1994-2002, a significant increase in murders and firearms crimes. Four subcommittees, including crime prevention, law enforcement, courts and corrections, developed a strategic plan. A Youth Workgroup was formed with 25 youth from various areas of the county. The Workgroup surveyed over 500 youth, including juveniles in jail and on Department of Juvenile Justice probation. The recommendations made by the Workgroup have been incorporated into the overall plan. The research supports that a multi-agency comprehensive approach is the most effective. The project incorporates the model programs and the recommendations from the Subcommittees. 1 Exhibit E Components: 1. Crime Prevention: The establishment of a Youth Empowerment Center in each targeted area that provides activities and services to youth ages 13-18, including after school programs and activities, tutoring/mentoring, job training for in school and out of school youth, information on resources, gang prevention outreach, parenting classes, employment services, Safe Schools Programs and transportation. 2. Law Enforcement: The law enforcement strategies include: a. Provide training for all law enforcement agencies on the collection of evidence by standardization of evidence collection policies, procedures and training b. Utilization of the newer technology "license plate recognition cameras" in each of the targeted areas c. Community oriented police officer in each targeted area d. Ad campaigns utilizing bus shelters and billboards to assist in cold case investigations, provide crime prevention tips, and to make people aware of the penalties for gun crimes e. Gun safety programs, including working with gun dealers to better secure the firearms f. Multi-Agency Task Forces i. Violent Crimes Task Force ii. Joint operations with Alcohol, Tobacco, Firearms, and Explosives 3. Courts: The strategies for the Courts component are designed to divert youth from the juvenile justice system and provide the judiciary with additional sanctions. a. Extend Youth Court within each targeted area b. Establish Aggression Replacement Therapy (ART) as a specialized program for violent juvenile offenders. ART provides an alternative treatment program to stem the violence at an earlier age c. Initiate judicial training on ways to involve the parents more in the judicial process to reduce the likelihood of recidivism d. Fund new prosecutor to handle violent firearm crimes with defendants up to 29 years of age and to work with law enforcement on the prosecution of these crimes 2 Exhibit E 4. Corrections: Establish a Justice Service Center in each targeted area to provide assistance to juvenile and young adult offenders up to age 29. The Justice Service Center provides services either on-site or through referrals. These services include employment, substance abuse, mental health, legal assistance, re-entry assistance, life skills, and probation sanction assistance. Educational programs such as Safe Schools and Career Academies, and law enforcement strategies except for the cameras and the community oriented police officer would be countywide. Each targeted area will have an Advisory Board of residents and a TeenlYouth Council. For each area, a Memorandum of Understanding will describe the participation of the local government, human service agencies, foundations and other funding sources. The CJC will maintain oversight until all sites have been established. The specific programs are: Youth Empowerment Centers and Justice Service Centers in the five targeted areas incorporate all four components of the plan. Memorandums of Understanding will be completed by Criminal Justice Commission. Youth Empowerment Center Programs: Responsibility Youth Empowerment Facility City Youth/Teen Advisory Council City Council or Board of youth from the target area to meet regularly to recommend programs and policies of the Youth Empowerment Center Teen Center City Provide educational and recreational programming. Maintain a clean safe and secure environment. Work with the youth council to identify new educational recreational programs, activities and special events. Career Academy MOU with School District Designated Career Academies would provide and Charter School opportunities for in school and out of school youth without regard to grade point average. Develop a pilot career academy through a charter school to be located within the targeted area and based on the career choices that the Youth Council and Citizen Advisory Board identify. After-school Activities City Provide a variety of the latest Recreational programs: martial arts, yoga, surfing, swimming, tennis hip hop dance, organized sport. Tutoring City 3 Provide before school/after-school tutoring, including FCAT skill building Mentoring Provide mentors for youth to support and be positive role models Job Training Workforce Alliance is funding a program for approximately 100 at-risk youths to prepare them for careers and jobs that are in demand in Palm Beach County. The program will supplement existing programs at the high schools of the county and provide additional resources. Junior Achievement of the Palm Beaches will manage the program with the objective of motivating selected at-risk youth to graduate, providing them additional workplace skills and then assist them I with job placement. Exhibit E MOU with Big Brothers Big Sisters MOU with Workforce Alliance and Palm Beach Community College Workforce Alliance has contracted with three agencies : to carry out academic and job-training services for at- risk and disadvantaged youth in Palm Beach County on a year-round basis. Priority will be given to proposals to serve the youth in those areas of the county that were pointed out the research sponsored by the Youth Violence Prevention Committee. Alliance expects to bring the selected programs to over 500 youths, both in-school and out-of-school Information on Resources City and MOU with Provide information on existing resources for youth collaborating agencies including school programs, job training and employment opportunities, services available I Community Outreach City A worker to intervene with youth in the Youth I Empowerment Center area to engage them in positive activities. ! Employment Services MOU with Workforce Workforce Alliance is funding a program for Alliance approximately 100 at-risk youths to prepare them for careers and jobs that are in demand in Palm Beach County. The program will supplement existing programs at the high schools of the county and provide additional resources. Junior Achievement of the Palm Beaches will manaqe the proqram with the objective of 4 Exhibit E motivating selected at-risk youth to graduate, providing them additional workplace skills and then assist them with job placement Transportation City The youth surveyed indicated that a major issue to attending programs and activities is transportation. Life Skills Cultural Diversity Training City Justice Service Center Responsibility Develop the Justice Service Center concept in targeted neighborhoods in order to provide assistance to residents, juvenile offenders, and adult offenders. The Justice Service Center would provided services to assist residents and both juvenile and adult offenders either onsite or through referrals. These services would include employment, substance abuse, mental health, legal assistance, re-entry assistance, life skills, community outreach, and probation sanction assistance. Justice Service Center Facility City Mental Health Services MOU with DCF The Justice Service Center would provide assistance to those seeking mental health services. By partnering with mental health providers, residents and both juvenile and adult offenders can access services through referrals. Substance Abuse Services MOU with DCF Substance Abuse Services- the Justice Service Center would be able to provide substance abuse counseling either onsite or through referrals. Community Service City Provide judges with the options of having youth complete their sanctions in the neighborhood and repay the community for their law violations. Employment Services MOU with Workforce Alliance The Justice Service Center would be able to provide assistance to those seeking employment services. By partnering with the Workforce 5 Exhibit E Alliance and other agencies, the Justice Service Center would offer and array of referrals to partner agencies that can provide the individual with assistance in obtaining employment, gaining self-sufficiency, gaining work skills to obtain employment, and upgrading skills to maintain employment. Le al Services Cultural Com etenc Life Skills Social Services Law Enforcement Responsibility Evidence Collection Training and MOU for MOU with Palm Beach Community standardized collection College and City i Community Oriented Policing City A Community Oriented Police Officer in each of the target areas to develop relationships within the neighborhood help citizens feel safer and become more involved in reducing crime in the area. License Plate Recognition Cameras City To place such units in areas where stolen vehicles are most likely to be driven. Gun Safety Programs City and MOU with Palm Beach To develop a plan that would support gun Sheriff's Office Violent Crimes dealers/suppliers partnering with Law Task Force Enforcement to better secure their firearms. Most violent crimes involving firearms are from weapons that have been stolen. Helping Law Enforcement track people who have a potential for violence who purchase firearms from them. I I 1: To work hand in hand with dealers on items that may help in the theft of guns. This would be any items of low cost or impact on the dealers. Example: concrete barriers to stop smash and grabs. I 2: To help identify subjects who may be gang affiliated or persons involved in criminal activities that purchase weapons. This could include 6 Exhibit E working together at gun shows or simply as tracking over the counter sales. 3: To just plain reduce the number of youths getting access to firearms. Plus reduce the number of violent persons getting firearms. Joint Operations City and MOU with Palm Beach Participate in the Violent Crimes Task Force and Sheriff's Office Violent Crimes other joint operations to target violent offenders Task Force Race Relations Training City Courts Responsibility Youth Court MOU with School District Aggression Replacement Therapy (ART) Contract with Agency to provide it established as a specialized program for violent countywide juvenile offenders. ART provides an alternative treatment program to stem the violence at an earlier age. Initiate judicial training on ways to involve the MOU parents more in the judicial process to reduce the likelihood of recidivism. Fund new prosecutor to handle violent firearm CJC Agreement with Office of the crimes with defendants up to 29 year$ of age and State Attorney to work with law enforcement on the prosecution of these crimes 7 Sl\'1V:?"" / '. \ " ..: . . t ~ , \ ! :r 0\ ~ j,v ).. , .. \r ~,' -'"' ON v VI.-CONSENT AGENDA ITEM C.10 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORNI Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Requested City Commission Meeting Dates Date Final Form Must be Turned in to City Clerk's Office 0 December 5, 2006 0 January 2, 2007 0 January 16, 2007 IZI February 13,2007 November 20,2006 (Noon,) 0 December 18, 2006 (Noon) 0 March 5, 2007 January 2, 2007 (Noon) 0 March 20, 2007 January 22, 2007 0 April 3, 2007 February 12,2007 (Noon) March 5, 2007 (Noon) March 19,2007 (Noon) NATURE OF AGENDA ITEM o AnnouncementslPresentations o Administrative [8J Consent Agenda o Code Compliance & Legal Settlements o Public Hearing o City Manager's Report o New Business o Legal o Unfinished Business o RECOMMENDATION: Approve a resolution authorizing a Project Agreement in an amount not to exceed $35,000 from the Recreation Assistance Program (RAP) - District 3 ($10,000) and Engineering Capital Funding - District 7 ($25,000) to assist with costs for Boynton Beach Little League field improvements. EXPLANATION: The East Boynton Little League contacted Palm Beach County to request RAP funding for field lprovements on Field 2 as a result of a new Little League regulation that requires an additional five (5) feet be added to the Jutfield. This requires relocation of the outfield fence, changes to the irrigation system, installation of new warning track, relocation of the scoreboard and lighting of the flag pole. Palm Beach County prefers to funnel the funds through the City of Boynton Beach which is a normal practice for the County. Commissioners Warren Newell and Addie L. Greene requested through Parks and Recreation Director Dennis Eshleman that County staff develop this agreement. The project reimbursement period is from June 1, 2007 to December 31, 2007. East Boynton Little League plans to complete the work during this time frame. PROGRAM IMPACT: Relocation of the fence and the associated work will allow the East Boynton Little League to adhere to the Little League regulations; thus placing in them a position to be eligible to participate in national championship opportunities. If the renovations are not done, the league will not be able to compete for hosting the national championship in Boynton Beach after 2007. FISCAL IMPACT: There will be no fiscal impact on the City. The Little League will pay for the work to be done and send the invoices with copies of the checks showing payment of the invoices to the City. The City will send the invoices and checks to the County with a request for reimbursement. The County will send the City the funds which will then be sent to Little League. Budget account numbers have not been determined at this time. AL TERNA TIVES: Not to enter ~ th / ( ! Department Head's ~ignature Recreation and Parks Department Name S:\BULLETJN\FORMS\AGENDA ITEM REQUEST FORM,DOC Department of Parks and Recreation 2700 6th Avenue South Lake Worth, FL 33461 (561) 966-6600 Fax: (561) 642,2640 www.pbcparks.com . Palm Beach County Board of County Commissioners Addie L. Greene. Chairperson Jeff Koons. Vice Chair Karen T. Marcus Warren H, Newell Mary McCarty Burt Aaronson Jess R. Santamaria County Administrator Robert Weisman "An Equal Opportunity Affirmative Action Employer" @ printed on recycled paper ~o ~) --- \I\~". ~ /''Y:i~~, i i. /! I "-I L/ yj,~ #~/ ~ II} d,bo1' Ms. Jody Rivers, Parks Superintendent City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, FL 33435 RE: PALM BEACH COUNTY FUNDING AGREEMENT FOR BOYNTON BEACH LITTLE LEAGUE FIELD IMPROVEMENTS DearMs.R~rs~) / Attached fm ecution on behalf of the City of Boynton Beach is an Agreement in an amount not-to-exce $35,000 to assist with costs for Boynton Beach Heritage Little League Field improvements. This funding is from the Recreation Assistance Program (RAP) District 3 ($10,000) and from Engineering Department Capital Funds ($25,000) District 7. fr r.}....AUL I J 'J.oo7 ttI ~~ 3/ \ (j 1 The Project reimbursement period is from M"6Vember 20, 2006 to February 20, 2007, and all expenses to be reimbursed must be incurred within that time frame and submitted to this Department by May 20,2007. Since this is a capital project, its compliance term is for five (~' years commencing on the date the Agreement is executed by the County. Expenses eligib, for reimbursement include relocation of existing fencing and construction of new fencing, repairing and replacing the west field gate, mobilization of labor and equipment, relocation of the irrigation system and installation of a new main line and sprinkler heads, installation of a new warning track, turf and fertilizer, relocation of the scoreboard and associated costs, and provision of a light fixture for the flag pole. Please obtain signature of this Agreement on behalf of the City of Boynton Beach, and return both originals to me for placement on the agenda for approval the Board of County Commissioners. Leave Exhibit B to the Agreement blank at this time. It should be submitted upon project completion. If you have any questions on the Agreement, you may contact Susan Yinger, Administrative Support Manager, at 966-6653. On behalf of Commissioners Warren Newell, Addie L. Greene, and the Board of County Commissioners, we are pleased to assist Boynton Beach with costs for this capital project. S~, ~ //(/~ ~ Dennis L. Eshl man, Director Parks and Recreation Department DLE:SWY Attachments - Two RAP Agreements for Execution and Return Copy to: Commissioner Addie L. Greene, District 7 Commissioner Warren Newell, District 3 Carrie Ann Kopelakis c3..oJ,:-{im~ ~~~L.-L -rJ fJ -!J -" ~~ ~ vr- I -- ~~L CY-vJ~~ 4~ ff 1 RESOLUTION R07- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, APPROVING AND AUTHORIZING THE 5 MAYOR AND CITY CLERK TO EXECUTE A PROJECT 6 AGREEMENT BETWEEN PALM BEACH COUNTY AND 7 THE CITY OF BOYNTON BEACH FOR FUNDING TO 8 ASSIST WITH COSTS FOR THE BOYNTON BEACH 9 LITTLE LEAGUE FIELD IMPROVEMENTS IN AN 10 AMOUNT NOT TO EXCEED $35,000.00; AND PROVIDING 11 AN EFFECTIVE DATE. 12 13 14 WHEREAS, as a result of new Little League regulations and in order for the 15 East Boynton Beach Little League to compete for hosting the national championship 16 event, Field 2 requires that an additional five (5) feet be added to the outfield; and 17 WHEREAS, the East Boynton Beach Little League has contacted Palm Beach 18 County to request a Recreation and Assistance Program Funding for those field 19 improvements, including but not limited to relocation of the outfield fence, changes to 20 the irrigation system, installation of a new warning track, relocation ofthe scoreboard 21 and lighting ofthe flag pole; and 22 WHEREAS, the City Commission of the City of Boynton Beach, upon 23 recommendation of staff, deems it to be in the best interests of the residents and 24 citizens of the City of Boynton Beach to approve the Project Agreement between the 25 City of Boynton Beach and Palm Beach County for funding of Little League Park 26 Field Improvements. 27 NOW, THEREFORE, BE IT RESOL VED BY THE CITY 28 COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 29 Section 1. The foregoing "WHEREAS" clauses are true and correct and :\CA\RESO\Agreements\lnterlocals\Little League field improvements funding PSC.doc 2 3 4 5 6 7 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 hereby ratified and confirmed by the City Commission. Section 2. The City Commission of the City of Boynton Beach does hereby approve and direct the Mayor and City Clerk to execute an Agreement between Palm Beach County and the City of Boynton Beach, for funding of Little League Park Field Improvements, a copy of which Agreement is attached hereto as Exhibit "A". Section 3. That this Resolution shall become effective immediately upon 8 passage. PASSED AND ADOPTED this _ day of February, 2007. CITY OF BOYNTON BEACH, FLORIDA Mayor - Jerry Taylor Vice Mayor.~ Jose Rodriguez Commissioner ~ Ronald Weiland Commissioner ~ Mack McCray Commissioner - Carl McKoy ATTEST: City Clerk (Corporate Seal) \CA\RESO\Agreements\lnterlocals\Little League field improvements funding PBC,doc AGREEMENT BETWEEN PALM BEACH COUNTY AND THE CITY OF BOYNTON BEACH FOR FUNDING OF LITTLE LEAGUE PARK FIELD IMPROVEMENTS THIS AGREEMENT is made and entered into on _, by and between Palm Beach County, a political subdivision of the State of Florida, hereinafter referred to as "County", and the City of Boynton Beach, a Florida Municipal Corporation, hereinafter referred to as "Boynton Beach". WIT N E SSE T H: WHEREAS, Boynton Beach is making improvements of its Little League Fields at Little League Park on Woolbright Road in Boynton Beach; and WHEREAS, the improvements are required in order to comply with new Little League regulations; and WHEREAS, improvements to the Little League field are estimated to cost $35,000 for relocation of existing fencing and construction of new fencing, repairing and replacing the west field gate, mobilization of labor and equipment, relocation of the irrigation system and installation of a new main line and sprinkler heads, installation of a new warning track, turf and fertilizer, relocation of the scoreboard and associated costs, provision of a light fixture for the flag pole, and other miscellaneous improvements associated with the project; and WHEREAS, approximately 900 children and youth participate in the Little League play at Little League Park each year; and WHEREAS, Boynton Beach has requested from County an amount not to exceed $35,000 to help offset costs for the improvements to the Little League Parks field; and WHEREAS, County desires to provide funding to help offset costs for the Little League Park field improvements; and WHEREAS, funding for said program in an amount not to exceed $35,000 is available from the Recreation Assistance Program (RAP) - District 3 ($10,000) and District 7 ($25,000); and WHEREAS, recreational facilities for children and youth are deemed to serve a public purpose; and WHEREAS, both parties desire to enter into this Agreement. NOW THEREFORE, in consideration of the covenants and promises contained herein, the parties hereby agree to the following terms and conditions: 1, County agrees to fund an amount not to exceed $35,000 to Boynton Beach for improvements of at the Boynton Beach Little League Park fields to include relocation of existing fencing and construction of new fencing, repairing and replacing the west field gate, mobilization of labor and equipment, relocation of the irrigation system and installation of a new main line and sprinkler heads, installation of a new warning track, turf and fertilizer, relocation of the scoreboard and associated costs, provision of a light fixture for the flag pole, and other miscellaneous improvements associated with the project, as set forth in Exhibit "A", attached hereto and incorporated herein, hereinafter referred to as the "Project". 2. County will use its best efforts to provide said funds to Boynton Beach on a reimbursement basis within forty-five (45) days of receipt of the following information: a, A written statement that the Project, as specified herein, was carried out in accordance with this Agreement; and b. A Contract Payment Request Form and a Contractual Services Purchases Schedule Form, attached hereto and made a part hereof as Exhibit "B", which are required for each and every reimbursement requested by Boynton Beach. Said information shall list each invoice paid by Boynton Beach and shall include the vendor invoice number; invoice date; and the amount paid by Boynton Beach along with the number and date of the respective check or proof of payment for said payment. Boynton Beach shall attach a copy of each vendor invoice paid by Boynton Beach along with a copy of the respective check or proof of payment and shall make reference thereof to the applicable item listed on the Contractual Services Purchases Schedule. Further, Boynton Beach's Program Administrator and Project Financial Officer shall certify the total funds spent by Boynton Beach on the Project and shall also certify that each vendor invoice, as listed on the Contractual Services Purchases Schedule was paid by Boynton Beach and approved by Boynton Beach as indicated, 3. RAP funds may be used as a match for other local, state, or federal grant programs, but Boynton Beach may not submit reimbursement requests for the same expenses to the County as other fund sources to receive duplicate reimbursement for the same expenses. 4, Boynton Beach agrees, warrants, and represents that all of the employees and participants in the Project will be treated equally during employment, and for the provision of services without regard to residency, race, color, religion, disability, sex, age, national origin, ancestry, marital status, or sexual orientation, 5, Boynton Beach shall be responsible for all costs of operation and maintenance of the Project, including all associated costs, 2 6. The term of this Agreement shall be until for five (5) years, commencing upon the date of execution by the parties hereto. 7. The parties agree that, in the event Boynton Beach is in default of its obligations under this Agreement, the County shall provide Boynton Beach thirty (30) days written notice to cure the default. In the event Boynton Beach fails to cure the default within the thirty (30) day cure period, the County shall have no further obligation to honor reimbursement requests submitted by Boynton Beach for the Project deemed to be in default and Boynton Beach shall return any County RAP funds already collected by Boynton Beach for the Project. 8. Notwithstanding any provision of this Agreement to the contrary, this Agreement may be terminated by the County, without cause, upon thirty (30) days prior written notice to the other party. This Agreement may be terminated by the County with cause, upon expiration of the thirty (30) day cure period provided for in Section 7 above. 9. Boynton Beach shall complete the Project by December 31,2007, and invoices and checks submitted for reimbursement must be dated within the project time frame of June 1, 2007, through December 31, 2007. Boynton Beach shall provide its final reimbursement request(s), including a project completion statement and reimbursement documentation as indicated in Section 2 above on or before April 1, 2007. Upon written notification to County at least ninety (90) days prior to that date Boynton Beach may request an extension beyond this period for the purpose of completing the Project. County shall not unreasonably deny Boynton Beach's request for said extension. 10. In the event Boynton Beach ceases to exist, or ceases or suspends the Project for any reason, any remaining unpaid portion of the Agreement shall be retained by County, and County shall have no further obligation to honor reimbursement requests submitted by Boynton Beach. The determination that Boynton Beach has ceased or suspended the Project shall be made by County and Boynton Beach agrees to be bound by County's determination. 11. Boynton Beach agrees to abide by, and be governed by, all applicable federal, state, county, and municipal laws, including but not limited to, Palm Beach County's ordinances, as said laws and ordinances exist and are amended from time to time. In entering into this Agreement, Palm Beach County does not waive the requirements of any County or local ordinance or the requirements of obtaining any permits or licenses normally required to conduct business or activity conducted by Boynton Beach. Failure to comply may result in County's refusal to honor reimbursement requests for the Project. 3 12, County reserves the right to withhold reimbursement if the Project is not completed as specified in Exhibit "A", 13, It is understood and agreed that Boynton Beach is merely a recipient of County funding and is an independent contractor and is not an agent, servant or employee of County or its Board of County Commissioners. It is further acknowledged that the County only contributes funding under this Agreement and operates no control over the Project. To the extent permitted by law and without waiving the right to sovereign immunity as provided by Section 768.28, Florida Statutes, in the event a claim or lawsuit is brought against County or any of its officers, agents or employees, Boynton Beach shall indemnify, save and hold harmless and defend the County, its officers, agents, and/or employees from and against any and all claims, liabilities, losses, judgments, and/or causes of action of any type arising out of or relating to any act or omission of Boynton Beach, its agents, servants and/or employees in the performance of the Little League field improvements described in the third Whereas clause, number one and number six of this Agreement. The foregoing indemnification shall survive termination of this Agreement. In consideration for reimbursement of costs incurred prior to the term of this Agreement, the foregoing indemnification shall apply not only during the term of this Agreement but also for the period prior to the Agreement for which Boynton Beach is eligible to receive reimbursement from the County. 14. Without waiving the right to sovereign immunity as provided by Section 768.28, Florida Statutes, Boynton Beach acknowledges to be self-insured for General Liability and Automobile Liability under Florida sovereign immunity statutes with coverage limits of $1 00,000 Per Person and $200,000 Per Occurrence; or such monetary waiver limits that may change and be set forth by the legislature. In the event Boynton Beach maintains third-party commercial General Liability and Business Auto Liability in lieu of exclusive reliance on self-insurance under Section 768,28, Florida Statutes, Boynton Beach shall agree to maintain said insurance policies at limits not less than $500,000 combined single limit for bodily injury or property damage. Boynton Beach agrees to maintain or to be self-insured for Worker's Compensation & Employer's Liability insurance in accordance with Florida Statutes 440. 4 Prior to execution of this Agreement by the County, Boynton Beach shall deliver to the County an affidavit or Certificate of Insurance evidencing insurance, self-insurance, and/or sovereign immunity status, which County agrees to recognize as acceptable for the above mentioned coverages. Certificate holder's address shall read Palm Beach County, c/o Parks and Recreation Department, 2700 Sixth Avenue South, Lake Worth, FL 33461, Attention: Administrative Support Manager. Compliance with the foregoing requirements shall not relieve Boynton Beach of its liability and obligations under this Agreement. 15. Upon request by County, Boynton Beach shall demonstrate financial accountability through the submission of acceptable financial audits performed by an independent auditor. 16. Boynton Beach shall maintain books, records, documents and other evidence that sufficiently and properly reflect all costs of any nature expended in the performance of this Agreement for a period of not less than five (5) years. Upon advance notice to Boynton Beach, County shall have the right to inspect and audit said books, records, documents and other evidence during normal business hours. 17. The County and Boynton Beach may pursue any and all actions available under law to enforce this Agreement including, but not limited to, actions arising from the breach of any provision set forth herein. 18. This Agreement shall be governed by the laws of the State of Florida and any and all legal action necessary to enforce this Agreement shall be held in Palm Beach County. 19. As provided in Section 287.132-133, Florida Statutes, by entering into this Agreement or performing any work in furtherance hereof, Boynton Beach certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the thirty six (36) months immediately preceding the date hereof. This notice is required by Section 287.133 (3) (a), Florida Statutes. 20. This Agreement represents the entire agreement between the parties and supersedes all other negotiations, representations, or agreements, either written or oral, relating to this Agreement. The Agreement may be modified and amended only by written instrument executed by the parties hereto. 5 21, Any notice given pursuant to the terms of this Agreement shall be in writing and hand delivered or sent by U.S, mail. All notices shall be addressed to the following: As to the County: Director of Parks and Recreation Palm Beach County Parks and Recreation Department 2700 Sixth Avenue South Lake Worth, Florida 33461 As to Boynton Beach: City Manager City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425 22, This Agreement is made solely and specifically among and for the benefit of the parties hereto, and no other person shall have any rights, interest, or claims hereunder or be entitled to any benefits under or on account of this Agreement as a third-party beneficiary or otherwise. IN WITNESS WHEREOF, the undersigned parties have signed this Agreement on the date first above written. ATTEST: SHARON R. BOCK, Clerk & Comptroller By: Deputy Clerk PALM BEACH COUNTY, FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS By Commissioner Addie L. Greene, Chairperson ATTEST: By: City Clerk CITY OF BOYNTON BEACH By: Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY APPROVED AS TO TERMS AND CONDITIONS: By: By: County Attorney Dennis L. Eshleman, Director Parks and Recreation Department 6 Recreation Assistance Program (RAP) Exhibit" A" to Agreement Name of Municipality: Boynton Beach Mailing Address: 100 E. Boynton Beach Blvd. Boynton Beach, FL 33425 Name of Mayor: Jerry Taylor Name of City Manager: Kurt Bressner Project Liaison Information:,. . Name: Jody Rivers, Parks Supenntendent Telephone #: 742-6226 Fax #: 742-6233 e-mail: riversi~ci.bovnton-beach.fl.us PROJECT INFORMATION 1. Name of Project: Little League Field Improvements 2. Project Description . General (Project Scope): . . Improvement to baseball field. Move outfield fence from eXisting distance of 200' to Little League regulation distance of 225'. Install neW Sod and irrigation. Relocate existing foul poles, and electronic scoreboard. . Public Purpose: Little League Baseball . Location: Little league Park, Boynton Beach Florida . Anticlpated Number of Participants/Users: 900 children IAges 5-16 3. Project Elements: Ust anticipated broad categories of Expenditure Items such as capital outlay, contractual services, personnel costs, operational expenses, equipment, and "Other Miscellaneous Project expenses", Do not include expenditure line item budaetl amounts. . Relocate 360' of 6' high fence. Close off opening in right field with new fence and gate. . Repair and replace gate at field (far west end of complex) . Mobilization of Labor and equipment . Relocate irrigation -new main line. Relocate existing valves, Install 120 new heads . Installations of new warning track, laser grade new turf locatlon, apply pre- plant fertilizer. Furnish and install new certified celebration sod . Relocate Scoreboard sign approx 20' north . Provide trenching and conduit to reconnect . Provide one 100 watt metal halide fixture for flag pole on photocell 4. Estimated Lump Sum Total for Project: $ 35.000.00 5. Project Initiation date (date of first Invoice for which reimbursement will be requested) and anticipated End date (date which project will be completed and all invoices paid). 44-2~ to 2-20-07 Ofp\o\lo" ;-0 (.).1311117 I ~ Note: Invoices and copies of proof of payment document~ will be required for Project/Program reimbursement after the RAP Agreement ;s approved by the Board of County Commissioners. Do not submit reimbursement documentatior] at this time. After the Agreement is approved. and the reimbursement request Is submitted, all invoices and checks must be dated within the stated project time frame AND Categories for Project Elements must be listed in Section 3 above in order to be ~lIglble for RAP reImbursement. '- 6. Required Attachments: Certificate of Insurance' yes Amount of Recreation Assistance Program Funding awarded $ 35.000.00 ($10,000 - District 3 RAP; $25,000 District 7 Engineering Capital Funding) Distrlcts3($10.000) and 7 ($25,000) (filled in by County) en...... """nRhlp. online bv reauest. Contact Susan Yinger at lillipgertalobcaov.com !D !::: !D I X W w -' :::l 1-0 m~ ::ELl I-en a:W ><(lJ) 1-0.<( ZWI :::lOU OZa: UQ1r II-en Ll<(w ;:5~~ !DU> ::EWa: -,a:lJ:l <(0-, a.Z<( <(:::l en I- ~U a:<( <(a: 0.1- Z o U if> 3i OJ .r: ~ 0.. o ~ o "' Ql '" o ~ .~ (/J a. ~ ~ g- (fJ _ co (f) (fJ ~ ~ c:n c 8 ~~~E 0 i: ~ 2 .~ ~ .~ 8~~32E II II II 11 II II UC/l:!;WI-- ~.~;Y:~")\ I:. PW ~ . \~ "~ .~!~~:--/ OJ <U o Oi E co z '0 OJ 0' 0:: Oi OJ C ~ l') t: o E- .;: <} I/l OJ o QJ I/l t: OJ a. >< w '0 o .~ 11.. C OJ E OJ (f) :s .0 E iD a: '0 ~ C o (.) 1: ::l o E <( QJ 10 o OJ <) '0 > t: ~ .0 E ::J Z QJ 10 o ~ .r: <} ::J o > o .><: <} ... 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OJ -E '@ -E ~ '1:: ....; ~ .~ li'e (]) a. ~ 1Il 1!;5 -0> .. c: .~ ~ ~'3. ;;:: E t 8 OJ 0 Uctl " <ii Cl ;;; '-' :;:: '0 0 a; CO) .0 c: " c: i.i: OJ 0> ctl a. " <ii Cl '" x ai :0 ~ W .9 ~ u; 'c E '0 <{ Cl n. ~ C/l ::;: II: o u. 0: W (!) Z >= ~ o ""~"""''''~ !;"I>'j-- \"')-:);:' PALM BEACH COUNTY PARKS AND RECREATION DEPARTMENT EXHIBIT B CONTRACT PAYMENT REQUEST Date Grantee PrOject Name: Submission II: Reimbursement Period: Item JS&L Project Costs This Submission Cumulative Project Costs Contractual Services (e) Salary & Wages (% of salaries) (S) Materials, Supplies, Direct Purchases (M) Equipment (E) Travel (T) Indirect Costs (I) TOTAL PROJECT COSTS Kev Leqend C S = Salary & Wages M = Materials, Supplies, Direct Purchases E = Equipment T = Travel I = Indirect Costs Certification: I hereby certify that the above expenses were incurred for the work identified as being accomplished in the attached progress reports. Certification: I hereby certify that the documentation has been maintained as required to support the project expenses reported above and is available for audit upon request, Administrator Date Financial Officer Date PSC USE ONLY County Funding Participation $ Total Project Costs To Date: $ County Obligation To Date $ County Retainage (_ %) $ County Funds Previously Disbursed $ County Funds Due this Billing $ Reviewed and Approved By: PBC Project Administrator Date Department Director Date G:\SYINGER\FORMS\3 Pg - Exhibit B,xls Page 1 01 :\ ,'.. . :,\ ". ~~ :.(,.i)', ~1~~ . ,~, 'U\~ \'t..'.......'.: ~/};, 1,.'.'... . ~~r :~~., ":;:', ~,. : .:~~>. "':) \:0.... ~i ,~~ ~.j': ~:::: '.' ~~\ ~~,':".: '':;, .,f>\":' :.~~~:.: :~1:' ~~>; .~'" 1l.'.:.:." ~H 11/30/2005 12:24 5517425233 SISTArE CMT(2NAL ,-~ , STATE NATIONAL INSURANCE co. PRODUCER Arthur J. G8!lsghef & Co 2255 GtadAs Road Sufte 400 E. BOC:Sl Raton, FL 33431 INSU~O City of Boynton Beach. FL 100 E, Boynton Beaeh Blvd. Boynton Beam. FL 33435 .' . ..... .. "'j REC&PARKS PAGE 05 CERTllllCATE OF INSURANCE DATe IS$ueo: 10/12106 Thl$ cerlIfIcale 18 lst:ued as a matter of intonnatlon only and conf&ra no ~ts upon the certificate hold$f. Thls c8l1ific:ah!JDOE!$ ftIOT amen<i. axll~nd or alter the coverage affOrded by th& policIeS betow. COMPANfES AFFORDING COVERAGe COMPANY (A.) ~. STATE NAl1ot16L U~SVRAM~ ~m't COMPANY (B) COMPANY {Cl COMPANY (0) ....:l::. ~.,:;:. ,":~..:::~.I""':"-:-~.I.; . ..:'.1 ",.!!,I.:":'Lj<F coveRAGES Ttllso Is to <;ertll'y It'llilt tho poIIc:ln of tl\WllJIlQI 1131.~ below nave bMfl lM~tetl to lh9 ,~ name<l above for the, l)OlIey period lndiclIIIed, n<>lWIlhstandlng any requirem$flt, teIm Of <:ofldltion of.any ()(ltltmd or 0ItJ8r dOQlmetlt wlltl respect to """ten tltit ce-rtIIIcste may be lseUed or /Nl)' pertain, Ule lnsu~ Bffofded by the pOItCIlMI QeSO'ibed t\ereio Is sutljec( ID #llt\tllBifl1i. exdusloM lilnd 0?OOIII008 of such poIioieS, Urnl" I!Ihown I'I'UIY -luWe I:Ieen RKluo8d bv paid claIMs. . ,"__'" ... .'. _.OJ..... . ,'. ...,. :.. ! . . . . .: " . . : :: . :' . ~"=::' .:. . :".~' ;': '. CO type OF ~E POUC't H~A GIa<l~ l,...-.tI/l..lTY A Il!t OOIolfoF~L ~l.lI~IIII,ITY C (:,lAM l'Ilo\OI!! lEI OOClJR. Cl owM!R'S (, CO~TO",9 pA(IT IoIQll~ 16 >\lJ10f,.101i1lUS UA.,.,rty ^ Oll-#'<'AIJTO o .~ OWfCEO AUTOS [J .I$OiEOut.OO AUTOS o rljN;OAIft()lt o ~~(WtHF.r:> "v'os o ~UAaIUTY NOI~ EXCESS LlAIllU"TY /l. CU~LAF~ IlttOT~ 't"t!AN'\J~ntA "~0.1 lolilBD2_':\ W(lI'lK!'.R6' COWl!NS,/ITION A.MD I'.MPtQYEM'I.,W3lLlTY lO30*916 ... . . ... .~ ',~:,:,:",.:,,,,(,,(,,,:,,:';':~l~;:.':,;; ;,' :-:..~: ~.::-:.,:: t'!':.~'..~::.:~:i-: i>Ot..lCY 1t'''WTlIIE T fIOl.tr ll)(pgtA TION LAMt$ ,<111100 iQ/lIQ1 ~I.AOo3RJ!l~t1I ~ ~DUCT~~ lW:Hoc;~ fll'lli~I~_""J ~, EJOIIEH1IE IfOlY -1*1ll"I COIdIllNiD ~ L1I.ltr HA-...-_ ~VAAIRV__ .~'f IH.IIJR'( (,..-J ~~ ~t~1;llIbIft N<ll~ lQ!l.ol 10JQ1r01 l!~IfOCCU~ ,ootl.. AG~W.n; 10. 1>>0. 10/1;1)1) ,()l()'\!1)7 STAl1JTClI'YLlWlf8. ~ EACH A4X:lDllMT OlaeA8\SoPOl.~ l.MT tR$lA.'Ri"-'CH EM>l.OYIiE XXXX - POLICY .";U8JECt" TO SIR As (:J'IH Getterl91 Endor4omClnt SNS GSN 01. ,.... ...."...,.,......\~ ,..... ,','.. .', ........... . ....j.,. _..' I, ._ ....,........... . ....".. ..........,.....;....:. ......_....._.,__.._.........,.~......_.,.......,_ . .....~......-.._......... ........,..-....,....,...~,l,.......'.,....,...,............,.._....,....."..........._,..._......,_..........,._,.,....l-____........,. , DESCRIPTION OF OPERA TIONSIlOCA TIONS/IIEHICLESlSPECfAL ITEMS - All operatlon$ USlllalto a CIty Govell\l11$lt Including , Palm Beach County Board of County COfJ1rrHssloners, a political $l.Jbdl'4li$lon of tl'le SCate of Florida. Its ~l'$, Emptoyees and A(lents as a(l(/ltlonaJ 'nsureC 89 their lnll8mel8 may appear throughout the policy period for municipal actMttes In cootdlnatlon and/or ...,'~9r.'J~.~!19f.l.~it~,~li!~.,~~.~~!Y."~"~~_o.f..~~,~~~I1~_._~I.oth.~.~,~~..~~~~~,.'?~~~,.~!I!~'"~~:__... CERTIFICATE HOLDER Palm Beach County Board of County Con,ml8sloMllI Rtsk Mgt. o.pt 160 Australian' Dr. WeISt Palm Beach, FL 33406 Atfl.'lntiOn: Dick Cohen Shoufd any of lhe llbov4l desertbe<t pOIk:les bfJ ~ befOl'e lIle EllcJ)lrallol'l dlile thetel>t, !/'lit IssUlI'IQ oompaoy wtI endeavor to ma" ;llZ dSya 'l'll'lUen nocloe m l!'Ie csl1iflcall8 MlcIer named 10 tn-.Ieft, but failure to mall such notice malllrrtp08& no obllgatlon ~ Ilabifity of lIflY kind upon the company, lis agenfll Of r@preM"IaIlve9. /' J ,/} . . J"'! ..r7) 1.. . " "'oJ',.'. Aulhoozed !llgnatJ.,i(e. ,./ I [~--~t:,;-t"" "", ;t ;' , ".., .."1"._.-:.- "...- SiJndrll M. OoI,aghf Meadowbrook Insurance Group VI.-CONSENT AGENDA ITEM D. 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 Citv Clerk's Office D December 5, 2006 November 20,2006 (Noon,) D D January 2, 2007 December 18,2006 (Noon) D March 5, 2007 February 12,2007 (Noon) D January 16,2007 January 2, 2007 (Noon) D March 20, 2007 March 5, 2007 (Noon) [Zl February 13, 2007 January 22, 2007 D April 3, 2007 March 19,2007 (Noon) D Announcements/Presentations D City Manager's Report NATURE OF D Administrative D New Business AGENDA ITEM [Zl Consent Agenda D Legal D Code Compliance & Legal Settlements D Un[mished Business D Public Hearing D RECOMMENDATION: Motion to approve the execution of a Special Warranty Deed to convey ownership of the Old High School building to the Boynton Beach Community Redevelopment Agency (CRA). EXPLANATION: This City Commission approved Resolution R05-l72 at their regular City Commission meeting of October 5,2005 to transfer and convey ownership of the Old High School building to the CRA, based on an Agreement between the CITY and the CRA, that is Exhibit "A" to the same resolution. Staff has now delineated the configuration of the parcel of land to service the building as well as meet the current zoning district setback regulations. A survey of the intended parcel of land has been ordered and performed, a reduced copy of which is attached for your perusal. A new legal description has been developed to subject the parcel ofland to existing city uses around the perimeter of the building as well as the existing air-conditioning equipment located adjacent to it that serves the historic elementary school building museum next to it. PROGRAM IMPACT: None FISCAL IMPACT: None ALTERNATIVES: Co~tinue to own and maintain the Old High School BUil~dingfas it exist today. // (/'.1'1.: ( , I~I" J. . (l.l-t.c!.',t.j fii ~ ~'~.,' ....J V, L ~ /,fa 0'#OP"1"\ ,00', Signa"'" dy M""g"', Signature . I \1 Assistant to City Manager ~ Public Works / Engineering Division Department Name City Attorney / Finance S:\8ULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM NATURE OF AGENDA ITEM o o ~ o o Public Hearing Announcements/Presentations Administrative Consent Agenda Code Compliance & Legal Settlements :') ':::> -..j J--( .._--.../'" --., ..... L ",_ ::Pno - '1 Z " Date Final Form Must~ Tuni@CO intoCityClerk'sW'ice '~ AL TERNA TlVES: Con' ue to own and maintain the Old High School Building as it exist today. 1..0 February] 2, 2007 (N~ ... March 5, 2007 (Noon) March] 9,2007 (Noon) City Manager's Reporl" /~ New Business ,/' / ,/ Legal / Unf~ Business ,,/'" City Manager's Signature Public Works / Engineering Division Department Name Assistant to City Manager ~~ ~ City Attorney / Finance :::=- :J:: " --' --, o : ':J ,... .:,,- -"CD -[T1 ())> r"T1C") ..... Requested City Commission Date Final Form Must be Tumed Requested City Commission Meeting Dates in to City Clerk's Office Meeting Dates 0 December 5, 2006 November 20,2006 (Noon,) 0 0 January 2, 2007 December 18, 2006 (Noon) 0 March 5,2007 0 January 16, 2007 January 2, 2007 (Noon) 0 March 20. 2007 ~ February 13, 2007 January 22, 2007 0 April 3. 20()7 o o o o o // ./ RECOMMENDATION: Motion to approve the execution ofa Special warran~ee.d to convey ownership of the Old High School building to the Boynton Beach Community Redevelopment Age~(CRA). / ,,,// EXPLANATION: This City Commission approved Resolution RO '72 at their regular City Commission meeting of October 5, 2005 to transfer and convey ownership of the Old Hi School building to the CRA, based on an Agreement between the CITY and the CRA, that is Exhibit "A" to the sa resolution. Staff has now delineated the configuration of the parcel of land to service the building as well~eet the ent zoning district setback regulations. A survey of the intended parcel ofland has been ordered and performrcf, a reduc copy of which is attached for your perusal. A new legal description has been developed to subj ect the parcel ofland to lsting city uses around the perimeter of the building as well as the existing air-conditioning equipment located adja nt to it that serves the historic elementary school building museum next to it. PROGRAM IMPACT: None FISCAL IMPACT: None // S:\BULLETlN\FORMS\AGENDA ITEM REQUEST fORM,DOC This Instrument Prepared By and Return to: Donald J. Doody, Esquire GOREN, CHEROF, DOODY & EZROL, P.A. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, Florida 33308 Property Appraisers ill #:08-43-45-28-05-014-0020 SPECIAL WARRANTY DEED (Corporation) This Special Warranty Deed is executed this day of February, 2007, by City of Boynton Beach, a Florida municipal corporation, and having its principal place of business at 100 East Boynton Beach, Boynton Beach, Florida 33435, hereinafter called the Grantor, to Boynton Beach Community Redevelopment Agency (CRA), a Florida public body corporate and politic created pursuant to Section 163.356 F.S, whose post office address is 915 South Federal Highway, Boynton Beach, Florida 33435, hereinafter called the Grantee: (Wherever used herein the terms "Grantor" and "Grantee" shall include singular and plural, legal representatives, and assigns of individuals, and the successors and assigns of corporations, wherever the context so admits or requires.) Witnesseth, That the Grantor, for and in consideration of the sum of $10.00, in hand paid by the said second party, the receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the grantee, all that certain land situate in County of PALM BEACH, State of Florida, to-wit: SEE ATTACHED EXHIBIT"A" ATTACHED HERETO THIS SPECIAL WARRANTY DEED HAS BEEN PREPARED WITHOUT THE BENEFIT OF A TITLE EXAMINATION Subject to easements, restrictions, reservations, and limitationsof record, if any. Together with all the tenements, hereditaments and appurtenances thereto belonging or In anywise appertaining. To Have and to Hold the same in fee simple forever. And the said Grantor will only warrant and forever defend the right and title to the above described property unto the said Grantee against the claims of those persons claiming by, through or under Grantor, but not otherwise. (SIGNA TURE ON NEXT PAGE) In Witness Whereof, the said grantor has signed and sealed these presents the day and year first above written. CITY OF BOYNTON BEACH, A FLORIDA MUNICIP AL CORPORA nON By: Its: Mayor Signed, sealed and delivered in presence of: (Signature of first witness) (Printed name of first witness) (Signature of second witness) (Printed name of second witness) STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this February _, 2007 by , who has acknowledged himself/herself to be the of the City of Boynton Beach, a Florida municipal corporation, who is personally known to me or has produced as identification Signature of Notary Printed Name of Notary My Commission Expires: My Commission Number: S:\CA\Real Estate\Special Warranty Deed (Old High School),doc EXHIBIT "A" OLD HIGH SCHOOL BUILDING UPDATED LEGAL DESCRIPTION A parcel of land, being a portion of Lots 4 and 5, Block 14, SAWYER'S ADDITION TO THE TOWN OF BOYNTON BEACH, according to the plat there as recorded in Plat Book 1, at Page 69, of the Public Records of Palm Beach County, Florida, being more particularly described as follows: COMMENCE at the southeast corner of Lot 1, Block 14, SAWYER'S ADDITION TO THE TOWN OF BOYNTON BEACH, according to the plat thereof as recorded in Plat Book I, at Page 69, of the Public Records of Palm Beach County, Florida; thence N 890 53' 21" W, along the South line of said Block 14, for a distance of 316.82 feet to the POINT OF BEGINNING; said South line of Block 14 being coincident with the North right-of-way line of Ocean Avenue as shown on said plat; thence continue N. 890 53' 21" W., along said North right-of-way line of Ocean Avenue for a distance of 168.12 feet to a point; thence N. 01 0 44' 07" W., parallel to the East line of said Block 14, for a distance of 229.64 feet to a point; thence N. 890 52' 50" E., for a distance of 168.10 feet to a point; thence S. 010 44' 07" E., parallel to the East line of said Block 14,for a distance of 230.31 feet to the POINT OF BEGINNING. Said lands situate within the City of Boynton Beach, Palm Beach County, Florida. Containing 0.89 acres of land more or less. SUBJECT to an ingress, egress. parking and building structure easement over the North 20 feet thereof; and over the South 209.64 feet of the West 15 feet thereof; and over the South 65 feet of the East 10 feet thereof, and over the South 30 feet of the West 20 feet of the East 30 feet thereof Further SUBJECT to the use of the existing concrete slab for air-conditioning equipment and associated electric control panel located along the east side of the existing building structure which services the adjacent elementary school museum building located to the east of this subject property. 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CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to Citv Clerk's Office D December 5, 2006 November 20,2006 (Noon.) D D January 2, 2007 December 18,2006 (Noon) D March 5, 2007 February 12,2007 (Noon) D January 16,2007 January 2, 2007 (Noon) D March 20, 2007 March 5,2007 (Noon) ~ February 13,2007 January 22, 2007 D April 3,2007 March 19,2007 (Noon) Consent Agenda D D D D D City Manager's Report New Business 0-1 -1-< -<0 (J ." ,--co \.0 r'lO ::.~ -< .........~ J> -j :::; ::J: Vo _ Oz o ." RECOMMENDATION: .. ::!g:: Motion to approve full release of surety for the project known as Quantum Park Townhomes East & Wesalka~> Parkside), in the amount of $789,542.60, and to return the original performance bond no. SU5003089 from Arch ~ Insurance Company in this amount to the developer, D.R. Horton, Inc. NATURE OF AGENDA ITEM D D ~ D D Administrative Announcements/Presentations Code Compliance & Legal Settlements Legal Unfinished Business o -.J C- :x:- Z Public Hearing EXPLANATION: The developer of this project established a performance bond as surety with the City to guarantee the satisfactory operation of the water and sewer systems serving the project. All of these utilities have been installed and have operated as expected throughout the one-year warranty period. The surety may therefore be returned to the developer (D. R. Horton, Inc., 1192 East Newport Center Drive, Suite 150, Deerfield Beach, FL 33442, Attn: Karl Albertson). PROGRAM IMPACT: None FISCAL IMPACT: None ALTERNATIVES: None /J;---;//~d /.Z /, "'-A.I /;;,,{ ? Department Head's Signature ~C' M~S' tty anager s tgnature Assistant to City Manager ~ UTILITIES Department Name City Attorney / Finance S:IBULLETIN\FORMSIAGENDA ITEM REQUEST FORM ,DOC EXHIBIT IIN_3ft (LDR, Chap. 7. Art. I, Sec. 3..9..) (LD~ Chap. 7.5, Art. U, Sec. 7,.) PBRFOIUdt\N'CE BONp KNOW ALL MEN BY THESE PRESENTS~ Bond #5U5003089 That [IJ [WeJ2 D.R. Horton, Inc. . her$inafter call PRINCIPAL. and Arch Insurance Company . . a surety company authorized to do business in the State of Florida, hereinafter referred to as SURETY, are held and finnly bound unto the City ofBo)'Uton Beach, a political subdivision of the State of Florida, hereinafter called eIli". the full amjDSt sum affi~aYu~~~ ~~n~B8~~~~' ff.~. Dollars ($789..542.~ lawful money of the United States of America. to be paid to the City of Boynton Beach, to which payment will and tmly be made, we bind. ourselves, our heili, executors, administrato~1 successors and assigns, jointly and severally, firmly by these presents: [WHEREAS, the above bound PRINCIPAL has received aopr.oval from the CITY for the rdin f. . bdi" 1m Quantum Park Town'llomes East' and West. . reeo go acertainsu Vlstonplat ownu (I'l.~ P"'rkslp.el m ~ ano. IiiUO~ recording is prior to completion of construction of the Required 1m'ptovemeo.ts as prescribed by the Subdivision, Platting and Required Improvem~i1ts R.egulatio~J Chapters 2.5. S and 6 respectively of the Land Development Regulations of the City of Boynton Beach, hereinafter the REGULATIONS, pertaining to said subdivision;] or [WHEREAS, the above bound P CreAL.ha$ r,eceived alir~val.from the CITY for the constniction ofa certain project known as a~~ ~rkN~etownhornes as and wiiih such project shall construct and install the required public iml'rovements to support the Projeot pursuant to the tenns of the Permit,] and WHEREAS. it waS one of the conditions of said RnOULAT10NS tu1d PERMIT that this bond be executed. NOW, T'HERBFORB, the conditions of thi~ obligation are such that if the above bound PRINCIPAL shall in all respectB comply or QBUSe others to oomply with the terms and condition$ of said PERMIT, witWn the time specified, and shall in every respect fulfill [itsJ(hisJ[herJ(theirJ obligatic;m thereunder and under the plans therein referred to, then this obligation to he void; otherwise, it shall remain in full forae and effect. Paga 1 of 4 pages The PRlN~IPAL .and. CITY agree that'the City Engineer may, in writing, reduce the initial amount stated above in accordance with the requiremeDts of said REGULA TrONS. The SURETY UNCONDITIONALLY COVENANTS AND AGREES that if the PRlN'CIP AL fails to perform all or any part of the construction work tflquired by said PERMIT and REGULATIONS within the time specified., the SURETY, upon thirty. (30) days written notice from the CITY o~ its authorized agent or officer, of the default, to the PRINCll' AL or its authorized agent or officer, will forthwith perform and complete the.aforesaid consttuction work me! pay the cost t11t;:~eof, including, but not limited to, engineering, legal, aud contingent costs, together with .any d2mages either direct or consequential. Should the SURETY fail or refuse to perform and oomplete the said improvements; CITY, in vi~ oftb.e public interest, health, safety 3Ild welfare factors involved and the inducement in approving rmc1 filing the said plat, sball have the right to resort to any and. all legal remedies against the PRlNCIP AL anQ/or SURETY, or both at law and iu equity including speoifioally the specific performance, to which the PRJNCIPAL and SURETY unconditionally agree. . The PRIN'CIP AL AND SURETY FURTHER JOINTLY AND SEVERALLY AGREE that the CITY, at its option. shall have the right to construct or, pursuant to public adyertisem~nt and receipt ofbidst cause to be constructed the aforesaid improvements in case thCl PRINCIPAL should fail or reMe to do so in aeeordance with the terms of said PERMIT, In the ev~t CITY should exercise i.!Ild give effect to such ri.. the PRINCIPAL and SURETY shall be jointly and severally liable hereunder to reimbU1'Se the Cmi the total cost thereof. including but not limite~ to, engineering, legal, and contingent costs, together with any damages, eitber direct or oOnSequential. which may be sustained on account oithe failure of the pRINCIPAL to carry out and cxC'CUte all the obligations for oonstruotion of Required Improvem.ents pursuant to the REGULATIONS and PERMIT. REOF, the pRINCIPAL has executed these pres (CORPORATE SEAL) D.R. Horton, Inc. [a Florida corporation][a. corporation, licenged to do business in Florida] ~'- BY: --I:::-..--~ - 'y~..... ). ~.;'"","f'1':; .....;;.IL'. v?_ A~Lio-O Y I2A- h&. ~ ~. \20 c.A (Impressionable corporl'lte s~al) Pags 2 of 4 pages ADDRESS: 1192 East Newport Center Drive, Suite 150 Deerf~eld Beach, FL 33442 STATE OF COUNTY OF ::p (()ndq 1~rnL}/Kd. ~ BEFORE ME perso~ally appeared who is eernonally known to me or has produced as identification, and who executed. t1l~oing instrument as [Vice] President of 1) ~ ff;7 -f7?('~ J:I1l (!.. , ,a corporation., and severally acknowledged to I1I1d before me that [he][she] executed such instrument as such officer of said corporation, and that the seal affixed to the foregoing instrument is the corporate seal of said corporation and that it was affixed to said instrument by due and regular corporate authority, and that instrument is the free tWt and deed of said corporation. WITNESS my hand and official seal this 7.6 day of ()c -h~ 20 0 3 My commission expires: (V) "" '1 2 81 ~C07 CJ. ~ ~ Notat)' Public (Seal) -OR- ~~ Amy Hetzel tJ . My commission 00216806 '\ ~I Expires May 28.2007 (INDIVIDUAL PRlNCIP AL) WITNESS: BY: ADDRESS: (SURETY SIGNATURE BLOCK) WITNESS: SURETY ~ (.il [It (7&1 1 Kimberly A. /. jts attorney-in-fact and Florida (POwer of att6fu.ey must be attached) Licensed :Res id, Agent BY: Kr~stin Haley, Witness Page 3 of 4 pag~s c/o Willis of Florida ADDRESS: 6200 Courtney Campbel} Cswy., #300 Tamp~! FL 33607/(813) 281-2095 STATE OF Florida ) COUNTY OF Hillsborough ) BEFORE ME personally appean:d Kimberly A. Tavernier who(is][are] personally known to me or Chas](haveJ produced known to me [and ,', . . respectively] as identification, and who exeeuted the foregoing instrument, and acknowledged before me that [he] [she] [they] executed said instnunent forthepfupose expressed therein. WITNESS my hand IlIld official seal Ibis C day of October ~ My cormnission expires; ~ ~0 Notary Public, Anett Cardinale (Seal) "'b~':A~:'fj;;,?,. Anett Cardinale g'~';t:~ MY COMMISSION # OD103928 EXPIRES ;!4'~'~Y July 28,2006 ;1!;f:,9'i::f::~~"'" BONDED THl?IJ TROY F.AJN INSURANCE.INC Page 4 'Of 4 pages POWER OF ATTORNEY Know All Men By These Presents: That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal office in Kansas City, Missouri (hereinafter referred to as the "Company") does hereby appoint Anett Cardinale, David H, Carr, James W. Dunn, Linda J. Meyer, Pamela Miller, Pamela L. Morgan and Kimberly A. Tavernier of Tampa, FL (EACH) its true and lawful Attorney(s)-in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. The Company may revoke this appointment at any time. The execution of such bonds and undertakings in pursuance of these presents shall, be as binding upon the said Company as fully and amply to all intents and purposes, as if the sari1e hadbe~n dulyexetuted and acknowledged by its regularly elected officers at its principal office in Kansas City, Missouri. . . ... . . This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on March 3, 2003, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on March 3, 2003: VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary. and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on March 3. 2003, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company. 00ML0013 000303 Page 1 of 2 Printed in U.S.A. ~~ ~.ij......../\..'<.... :'f <\.; ARCH Insurance Company ARCH Surety NOTICE - DISCLOSURE OF TERRORISM PREMIUM In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this disclosure notice for bonds on which Arch Insurance Company is the surety. DISCLOSURE OF PREMIUM The portion of the premium attributable to coverage for terrorist acts certified under the Act is Zero Dollars ($0.00). DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States will pay ninety percent (90%) of covered terrorism losses exceeding the applicable insurer deductible. v 111.-t'UISLll,; HI:ARING ITEM A. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Meeting Dates in to City Clerk's Office Meeting Dates 0 December 5, 2006 November 20,2006 (Noon,) [?3J February 13, 2007 0 January 2, 2007 December 18,2006 (Noon) 0 March 6, 2007 0 January 16, 2007 January 2, 2007 (Noon) 0 March 20, 2007 0 February 6, 2007 January 16,2007 (Noon) 0 April 3, 2007 Date Final Form Must be Turned in to Citv Clerk's Office March 19,2007 (Noon) -0 ::s; N .. ("') ('?---\ ~-< -<'0 -r, (J ','-CO "1\0 :tJ -c"'~ :;;:.Z . ,: ---\ ""0 l:::> 7Z ...., ..,.,c.D _r11 (""):;:::> rt1C"") ::t: February 5, 2007 (Noon) <::) --I February 20, 2007 (NoonJ.- ~ March 5, 2007 (Noon) N &" - 0 AnnouncementslPresentations 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 [?3J Public Hearing 0 N RECOMMENDATION: Please place this request on the February 13,2007 City Commission Agenda under Public Hearing. The Planning and Development Board on January 23,2007, recommended that the subject request be approved. For further details pertaining to the request, see attached Department Memorandum No. 06-216. EXPLANATION: PROJECT: AGENT: OWNERS: LOCATION: DESCRIPTION: 306 SW 5th Avenue / Jenkins (ZNCV 07-001) Steve and Anna Jenkins Steve and Anna Jenkins 306 SW 5th Avenue Relief from Chapter 2, Zoning, Section 5.D.2.a. of the Land Development Regulations, requiring a minimum rear setback of 20 feet, to allow a 7 foot variance, resulting in a 13 foot rear setback for a solid-roof screen enclosure on property zoned R-I-A. PROGRAM IMP ACT: FISCAL IMPACT: AL TERNA TIVES: N/A N/A N/A ~ City Manager's Sign"hure Assistant to City Manager ~ ?uJ~ Planning and 0 mg Drrector CIty Attorney / Fmance S:\Planning\SHARED\WP\PROJECTS\306 SW 5th Avenue Variance Jenkins\Agenda Item Request 306 SW 5th Ave ZNCV 07-001 2-13-07,doc 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 06-216 STAFF REPORT Chair and Members Planning & Development Board and City Commission ~~ Michael W. Rumpf Planning and Zoning Director Kathleen Zeitler ~2-- Planner January 16, 2007 306 SW 5th Avenue, Jenkins / ZNCV 07-001 Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.D.2.a., requiring a minimum rear setback of 20 feet, to allow a 7 foot variance resulting in a 13 foot rear setback for a solid-roof screen enclosure on property zoned R-1A Single- family Residential. Property Owners: Applicant/Agent: Location: Acreage: Existing Use: Zoning District: Adjacent Uses: North: South: East: West: PROJECT DESCRIPTION Steven Jenkins and Anna Lloyd Steven Jenkins and Anna Lloyd Jenkins 306 SW 5th Avenue (Lot 44, Mango Heights) (see "Exhibit A" - Location Map) 6,008 square feet / (0.14 acres) Single-family Residential Single-family Residential (R-1-A) Right-of-way for SW 5th Avenue, then farther north is 305 SW 5th Ave (Lot 29, Mango Heights) a developed single-family residence, zoned Single-family Residential (R-1-A); 301 and 305 SW 5th Lane (Lots 56 and 57, Mango Heights 1st Addition) developed single-family residences, zoned Single-family Residential (R-1-A); 302 SW 5th Avenue (Lot 45, Mango Heights) a developed single-family residence, zoned Single-family Residential (R-1-A); and, 312 SW 5th Avenue (Lot 43, Mango Heights) a developed Single-family residence, zoned Single-family Residential (R-1-A). Page 2 306 SW 5th Ave (Jenkins) File No. ZNCV 07-001 BACKGROUND The subject property is generally located south of Boynton Beach Boulevard, between 1-95 to the west and Sea crest Boulevard to the east, on the south side of SW 5th Avenue within the Mango Heights subdivision (see Exhibit "A" - Location Map). The subject property and neighborhood are zoned R-1-A, Single-family Residential. The existing lot dimensions of the subject property (65 feet in width and 92.44 feet in depth) are the same as approved by plat in 1973. According to the current survey (see Exhibit "B"), the lot supports a one-story residence with an attached solid-roof screen enclosure (23.7 feet in width by 15 feet in depth totaling 355 square feet). The subject property is considered to be a nonconforming lot because it does not comply with all the property development regulations currently required by the R-1-A zoning district. The property is nonconforming to the following minimum lot standards: (1) lot area of 7,500 square feet (the subject lot has 6,008 sq. ft.); (2) side yard setback of 7.5 feet (currently 7.0 feet); (3) minimum living area of 1,400 square feet (1,309 sq. ft. under air); and (4) rear yard setback of 20 feet (currently 13 feet). Land Development Regulations pertaining to special provisions for nonconforming lots and lots platted prior to 1975 do not resolve the rear setback encroachment issue which is the subject of the requested variance. The applicants have requested relief from Chapter 2, Zoning, Section 5.D.2.a. to allow for the continued existence of a solid-roofed screen enclosure attached to the rear of the residence. Per the Land Development Regulations, a screen enclosure with a solid roof must comply with the setbacks required by the zoning district, which is a minimum of twenty (20) feet for the rear setback in the R-1-A zoning district. However, a screen enclosure with a screen roof requires a minimum rear setback of only eight (8) feet. The existing solid-roof screen enclosure on the subject property is located thirteen (13) feet from the rear property line, an encroachment into the minimum rear yard setback of seven (7) feet. The owner states the following in their justification: (1) a solid-roof screen enclosure existed when they rented the residence in 2000; (2) the screen enclosure was destroyed by Hurricane Francis in September, 2004; (3) a new solid-roof screen enclosure of the same dimensions was constructed by their contractor who had not secured a building permit. Consequently, Code compliance issued a citation for the construction and location of the screen enclosure. In response to the citation, the applicant has submitted this variance request to rectify the situation. If approved, the owners would then be required to obtain all necessary building permits and inspections. Building Division records indicate the residence was constructed in 1976, and a permit was issued in 1977 for a patio slab. A patio slab does not have a setback because it is not considered a structure. Also, a concrete slab poured for an open patio does not typically meet the same engineering standards as slabs poured for screen enclosures intended to support solid roofs. There is no City record of a building permit being issued for the screen enclosure that was destroyed by the hurricane in September, 2004. A building permit application (04-5807) dated November 30, 2004 was submitted to replace the hurricane damaged screen enclosure. City plan review comments indicate the permit could not be issued due to the setback encroachment of the proposed solid-roof screen enclosure. The contractor proceeded to commence construction without the required building permit and inspections. On July 15, 2005 the Building Division notified the contractor and property owner that the permit application was about to expire and an inspector would perform a status check if they did not respond to the letter. The status check revealed the work was completed without the necessary building permit and inspections. A violation notice was issued and the case forwarded to Code Compliance on January 24, 2006. On April 3, 2006, and again on August 4, 2006, the property owner had pre-application meetings with staff of the Planning and Zoning Division to review the variance application process. Staff Page 3 306 SW 5th Ave (Jenkins) File No. ZNCV 07-001 recommended in both meetings that the owners apply for a permit to revise the structure to a screen roof to resolve the encroachment issue, since there was no hardship for a variance. On October 18, 2006 the property owner submitted this application request for a setback variance to allow the existing screen enclosure to remain with a solid roof. Staff surveyed the immediate neighborhood and it was observed that a few screen enclosures exist in the area, however they had building permits and do not appear to be encroaching into the current rear setback. Furthermore, City records show no other similar variances have been approved within this neighborhood. ANALYSIS Staff reviewed the requested variance focusing on the applicant's response to criteria a - g below (see Exhibit "C'l. The code states that the zoning code variance cannot be approved unless the board finds that all of the following criteria apply: a. That special conditions and circumstances exist which are peculiar to the lanct structure, or bUIlding involved and which are not applicable to other lands, structures or buildings in the same zoning district. The applicant's response does not adequately address criteria "a" above. Based on staff's research of properties within the Mango Heights neighborhood, there are a few properties with screen enclosures constructed with permits and inspections, and which comply with required setbacks without the need for a variance. These lots were platted with the same or similar lot dimensions as the subject property and are located within the same R-1-A zoning district. Therefore, no circumstances appear to be peculiar to the land or structure involved which are not applicable to other lands or structures in the same zoning district. Building records for permits issued in Mango Heights date back to 1976 and are thorough lists by address, although scanned copies of actual applications and permits are not available for periods prior to 15 years ago. The detailed record of permits issued for this address lists a patio slab permit in 1977 and other permits, but no screen enclosure permit (see Exhibit "0'1. b. That the special conditions and circumstances do not result from the actions of the applicant. It is assumed that a contractor hired to do a job will know the code and will act in good faith. Building records indicate the contractor was notified of first review comments on January 4, 2005, and second review comments on January 26, 2005, but he apparently failed to inform the property owners of the review comments and knowingly constructed the screen enclosure without permits and inspections. The homeowners trusted the contractor who finished the job without securing the necessary permit, resulting in the creation of special conditions by encroaching into the rear setback. It is equally assumed that the homeowner is ultimately responsible for any action on his behalf. Even though a homeowner hires a licensed contractor, the homeowner is ultimately responsible for any work performed on the property (which is stated on the Building Division's website as a frequently asked question). As such, the property owner is responsible for the outstanding enclosure permit, therefore, the special conditions and circumstances are a result of actions of the applicant. The property owner was aware that construction of a new screen enclosure required a building permit, and he signed a building permit application affidavit which certified that "all work would be done in compliance with all applicable codes, laws, rules and regulating governing construction and zoning". The applicant then Page 4 306 SW 5th Ave (Jenkins) File No. ZNCV 07-001 allowed the work to be done without a permit being posted on site as required, and without the proper inspections. Staff believes that the variance would not have been necessary if the applicant had first followed up on the permit before allowing the contractor to do the work. The applicant would have been informed of the application review comments which noted that the permit request as presented could not be approved, and the code regulations regarding the proper placement of a solid-roof screen enclosure in the R-1-A zoning district. c. That granting of the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, buildings, or structures in the same zoning district. As mentioned in criteria "a" above, based on staff's research of properties within the Mango Heights neighborhood, there are a few properties with screen enclosures constructed with permits and inspections, and they complied with required setbacks without the need for a variance. These lots were platted with the same or similar lot dimensions as the subject property and are located within the same R-1-A zoning district. The minimum rear setback for the R-1-A zoning district was 25 feet and was reduced to 20 feet in June, 2005. This standard setback for structures with solid roofs was established to promote uniformity within the area, and to ensure accessibility for utilities maintenance, drainage, and emergencies (there is an existing 6 foot easement for drainage and utilities along the rear property line of the subject property). Furthermore, City records show no other similar variances have been requested within this neighborhood. The granting of the variance requested would therefore set a precedent for the area, which would be used as the basis for granting other variance requests with similar circumstances in the future. d. That literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the ordinance and would work unnecessary and undue hardship on the applicant. Literal interpretation of the ordinance would not deprive the applicant of rights commonly enjoyed by other properties in the same zoning district. Other properties have complied with the setback and building permit requirements to enjoy their screen enclosures without the need for a variance. A screen enclosure with a screen roof instead of a solid roof is allowed with a rear setback of eight (8) feet. The applicants could obtain a building permit to have the solid roof removed and replaced with a screen roof, and still enjoy a screened outdoor space without the need for a variance. e. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building, or structure. The reasonable use of the land is for a single-family residence on each lot. Only a few residences within the Mango Heights neighborhood have screen enclosures. However, the subject property contains sufficient space for a screen-roof screen enclosure which could comply with the required setbacks without setting a precedent by granting a variance. f. That the granting of the variance will be in harmony with the general intent and purpose of this chapter [ordinance] and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. Granting the requested variance would not be in harmony with the general intent and purpose of the ordinance, which is directed toward health, safety, and welfare. In 1977 the property owner obtained a building permit to pour a concrete slab for a patio. Documentation has not been submitted by the applicant for any engineering inspections on this slab for its thickness and strength to support a solid roof, and no building inspections have been performed. Approval of this variance request would require Page 5 306 SW 5th Ave (Jenkins) File No. ZNCV 07-001 the applicant to immediately apply for and obtain all required building permits and inspections, which could result in the requirement for additional roof supports and modifications to the existing slab to ensure a safe structure. It has been proven that no hardship exists, with the exception of economic hardship to the applicants if the solid roof was replaced with a screen roof. However, the traditional hardship criteria established in the City of Boynton Beach Code of Ordinances does not include any provisions for economic hardship. The applicant has not submitted any letters from neighbors in support of the requested variance. In addition, approval of this variance request could be construed as condoning the construction of improvements without proper permits and inspections, and asking for forgiveness after the fact. g. For variances to minimum lot area or lot frontage requirements, that property is not available from adjacent properties in order to meet these requirements, or that the acquisition of such property would cause the adjacent property or structures to become nonconforming. Applicant shall provide an affidavit with the application for variance stating that the above mentioned conditions exist with respect to the acquisition of additional property. Criteria g. is not applicable, as the request is for a reduced rear setback, not a variance to lot area. RECOMMENDATION Nearly all variances would likely be denied if based solely on all criteria for determining hardship as stated in the Land Development Regulations, Chapter 1.5, Section 4.1. However, the hardship appears to be self-imposed, and the variance request could be avoided by replacing the solid roof on the screen enclosure with a screen roof. Therefore, based upon these findings, staff recommends that this request be denied. No conditions of approval are recommended; however, any conditions of approval added by the Planning & Development Board or the City Commission will be placed in Exhibit "E" - Conditions of Approval. It should be stated that this analysis and recommendation were not influenced by the current existence of the improvement, nor does it support or justify construction of any improvement without a permit, or exempt the property owner from any penalty applicable to construction activity conducted without proper permits and inspections. 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Also, the city of Boynton Beach was unable to rmd the permit that was pulled for the patio screen enclosure. I was told by the city of Boynton Beach that records after fifteen years are not available. Reply to Question B: When Hurricane Francis came thru our area in 2004 large mango tree branches crushed my patio. I contracted a licensed contractor to remove my destroyed patio and rebuild a new one. I instructed the contractor to rebuild it to the same dimensions as the old patio. I then insisted that they pull permits from the city of Boynton Beach before they started this project. I was assured by this contractor that they would have the permit prior to starting the work. I'd like to note here that I rented this property in 2000 and purchased it in 2002. The patio with the screened enclosure was up in the year 2000. I did nothing to change it prior to Hurricane Francis. The patio was an eyesore. It was old and had a pan roof. Had I known that this patio did not have an original permit pulled for it when it was built, I never would have bought the bouse. Had I not insisted that the repair work be done under the proper code of Boynton Beach, I would not be having this problem now. I am not the kind of person that does not do things by the book but in this case going by the book has been a nightmare for my entire family. Reply to Question C: I don't think that the granting of my request of variance to the' building code of Boynton Beach will give me any more privileges then any other homeowner in Boynton Beach. This patio was here before any of the current residents in the neighborhood moved into the area. My patio is in my backyard and cannot be seen from the street or by my neighbors to the East, West or South. Reply to Question D: The issue here is that this patio was built before I rented this house in 2000. It was built under the existing code of Boynton Beach at the time of construction; which was in the mid to late 1970's. This was verified by the permit rIled with Boynton Beach. Due to the fact that Boynton Beach does not have records past 15 years we do not know for sure exactly when the patio was covered. But we do know it was before the year 2000. As I stated before due to Hurricane Francis destroying this existing patio I contracted with J. White, a licensed contractor, to remove the damaged material and rebuild a new one. Once again I want to reiterate that I insisted that J. White obtain all the necessary permits prior to commencement; I wanted this done by the book. I instructed my contractor that I wanted the new patio built to the same dimensions as the old one. I was not made aware of the fact until one year later that the permit had been denied. I do not think that the granting of this exemption will in any way impede the purpose of the building codes of Boynton Beach. As I said before the patio cannot be seen from the street, it is in the backyard of my home and is completely fenced in by a privacy fence. Since the year 2000 I have not received one complaint from my neighbors on the old patio. This new patio, although built to the same dimensions as the old one, is not an eyesore. It, in fact, improves the neighborhood. I could have had the work done by an unlicensed handyman. The work could have been completed and probably no one would have been the wiser. It is only because I am the type of individual that follows the rules, regulations and laws that we are in this situation today. If I had made changes to the size, shape and looks of the patio I would expect to adhere to the code book to the letter; but I didn't change the size, shape or looks. I kept it exactly the same. Please don't instill undo hardship on me and my family by following the letter of the law on this situation. My wife and I purchased this property because we loved everything about it. We purchased in Boynton Beach because we believed it was a great area to live and raise our children. One of the biggest reasons we fell in love with this home was because of the patio; as we spend more of our time in the patio than any other place else in the house excluding the bedrooms. So I ask you to please, just once and only once, grant us this variance in the code book. To follow the true spirit of the law instead of the letter of the law. Response to Question E: As I stated previously, I am pleading with the City of Boynton Beach to grant me this variance so that I can keep my patio as is now stands. Response to Question F: Should the City of Boynton Beach respond to my request for variance in the true spirit of the law it will in now way effect the safety, appearance or integrity of my covered patio. The old patio was an eyesore to the neighborhood. It was old and dilapidated. This new patio, built on the same ground and in the same dimensions, has proven its safety and structural durability by withstanding the last hurricane of 2005. As I stated before because this patio is in the back of my house it is not visible from any direction it will not have any effect on the value of the surrounding homes in my neighborhood. However, if a perspective buyer of a neighboring home were to come into my back yard this new patio would certainly have a positive effect on home values. Response to Question G: My request for this variance has no effect on the requirements governing the lot frontage. This variance request asks for allowing my patio roof line to extend just five feet out, as the old patio did. This five foot extension in no way has any effect on easement access. The property lot directly adjacent to this five foot roof line extension is not for sale. This property is not for sale and consists of a one story home. During the 6 years that I have lived here the five foot extension has never caused a hardship on anyone attempting access to the easement. It also has never caused a problem for my neighbor who lives adjacent to it. AFFIDAVIT The above mentioned conditions exist with respect to the acquisition of additional property. ;~-:r.~"ri1.~< JOHN R. VIOlA f.rJ;'\~ \W COMMISS'ON ~ 00 358755 ~.~.~,= EXPIRES: .I~ll'lary 29, 2009 "'~Rr:ji-~" Bonded ThIU Notary PIi>Iic UndelWrilers tL~u~ ..\-c 'o-e. ~ f\ (C \ \ ~~ \ \-s.- I ~--~ d O~~ '\C.. \:J; OL ~ 306 S. W. 5tb Avenue Boynton Beach, Fl. 33434-5552 ~s: 30G S.W. 5th Avenue '-"1 (lUll L Legal: Mango Heiqhts B1k. Lt. 44 Use: ResMentia1 Zone: Rl!\. Microfilm: S $ 250. Issue Pennit Final C.O. Date No. contractor Architect CMner Valuation Fee Date No. Pw:pose 28/76 16621 H.A.P. Builder. 1st Pee'!. :II: 270. 40.AfI 12/28/71 9R711 C~p1ete existing strllc Save & r,n (Sinqle Family ) 118/77 77-0937 Wallin Roofing Kellar 1200. 6.00 7/27/77 reroof (24) 12/77 77-1590 Owner Keller 100. 8. 12/1/77 ~l1.ab 12/74 11106 International 1 fl.... Void Fam. Res. /12/81 81-1336 Gutters Un11m ted Hotaling 120. 8. 6/22/8] gutter & downspout ~ 9/ 5 9 2/ 6 ELFX:TRICAL " Issue permit Final '" Date No. Contractor <Mner Valuation Fee Date Purpose MEX::HANIC~ Issue pennit li';n",' Date No. Contractor CMner Valuation Fee Date Purpose PUlMBmG - Issue PerIni. t F1nal , Date No. Contractor CMner Valuation Fee Date Purpose 16052 Finch & Sons 1st Fed. 5. 5/19/76 ~ewer ("onn. Fix 10 ~ ~ -_.............u'.:f . oc:.&.~u. I.. ^}o1}o1.L.Lca't;J.ons -------- --------- ---~---~ 'Property address PCN . . . . . . . \,)tj : q .j : L'J 306 SW 5TH AVE 08-43-45-28-39-000-0440 Type options, press Enter. ~=Application inq 3=Structure inq 4=Permit inq 5=Inspection inq Opt Appl Nbr 04 00005807 97 00004511 96 00000254 94 00001741 86 00005759 F3=Exit Type SE BL RR RR DW F12=Cancel stat Date PC 12/28/04 FI 9/17/97 AP 1/18/96 RJ 4/28/94 CL 6/13/86 Tenant Nbr/Name REPLACE SCREEN ENCL NEW GARAGE DOOR 20 SQUARES SHINGLES SHINGLE TO SHINGLE EXHIBIT "E" Conditions of Approval Project name: 306 SW 5th Avenue, Jenkins File number: ZNCV 07-001 Reference: I DEPARTMENTS I INCLUDE I REJECT I PUBLIC WORKS- Solid Waste Comments: None X PUBLIC WORKS - Forestry & Grounds 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 Conditions of Approval 306 SW 5th Ave/ZNCV 07-001 P 2 age I DEPARTMENTS I INCLUDE I REJECT I PLANNING AND ZONING Comments: None X ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. S:\Planning\SHARED\WP\PROJECTS\306 SW 5th Avenue Variance Jenkins\ZNCV 07-001\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION ot- I Ht: CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: 306 SW 5th Avenue Jenkins Variance APPLICANT'S AGENT: Steven and Anna Lloyd Jenkins APPLICANT'S ADDRESS: 306 SW 5th Avenue, Boynton Beach, FL 33435 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: February 13, 2007 TYPE OF RELIEF SOUGHT: Request to allow zoning code variance approval for a solid-roofed screen enclosure at thirteen (13) feet from the rear property line in lieu of the twenty (20) feet required by code for a single-family building in the R-l-A zoning district. LOCATION OF PROPERTY: 306 SW 5th Avenue, Boynton Beach 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\306 SW 5th Avenue Jenkins\ZNCV 07-001\DO.doc Meeting Minutes Planning and Development BovntDn Beach, Florida January 23, 2007 Melissa Hudson, 1275 Gateway Boulevard was present on behalf of the project. Chair Wische read the request for the one-year site plan time extension and indicated the extension was subject to all the original conditions and staff comments. Ms. Hudson was in agreement with those conditions. Chair Wische opened the floor to public hearing. No one coming forward, Chair Wische closed the public hearing. Gabriel Weubben, Planner, reviewed the request as contained in the staff report and recommended approval contingent upon satisfaction of all the comments indicated in Exhibit C, Conditions of Approval. Motion Mr. Cwynar moved to approve the site plan time extension for site plan approval granted on September 20, 2005, from September 20, 2006 to September 20, 2007. Ms. Jaskiewicz seconded the motion that unanimously passed. 7. New Business A. 306 SW 5th Avenue Zonina Code Variance 1. Project: Agent: Owners: Location: Descri ption: 306 SW 5th Avenue/Jenkins (ZNCV 07-001) Steve and Anna Jenkins Steve and Anna Jenkins 306 SW 5th Avenue Relief from Chapter 2, Zoning, Section 5.D.2.a. of the Land Development Regulations, requiring a minimum rear setback of 20 feet, to allow a 7-foot variance, resulting in a 13-foot rear setback for a solid-roof screen enclosure on property zoned R-1- A. Chair Wische read the request for relief for setbacks to accommodate a solid screen enclosure. Kathleen leider, Planner reviewed the item and provided the project location. She indicated a screen enclosure with a solid roof must comply with the setback requirements for the zoning district and indicated the structure presently encroached seven feet into the rear yard setback. Staff reviewed the request against the criteria that needed to be met before the board could grant a variance and announced there was no hardship. She cautioned granting the request would set a precedent and could be construed to condone construction of improvements without proper permits and inspections, and asking for forgiveness after 4 Meeting Minutes Planning and Development BoyntDn Beach, Florida January 23, 2007 the fact. Ms. Zeitler advised the hardship appeared to be self-imposed and the request could be avoided by replacing the solid roof on the screen enclosure with a screen roof. Staff recommended denial of the request. SIeve and Anna Jenkins, 306 SW 5th Avenue, were present. Mr. Jenkins admitted, as it was brought to the attention of the board, that as the homeowner he should have been familiar with the laws and regulations of the City. He advised he purchased the home in 2002 with the screen enclosure and roof already there. Hurricane Francis knocked the structure down. He contracted with J. White to have the enclosure put back up. J. White advised Mr. Jenkins he had a permit and had applied for the permit. The patio was replaced and a year later Mr. Jenkins was advised he was in violation of the Code. The home was constructed in 1973 with the enclosure pre-existing and all he did was replace a damaged existing structure. He had no knowledge of the Codes and did everything the City asked him to do. He applied for the variance. He advised the Code Compliance Officer informed him he did not need to attend the Code Compliance Board meeting and directed him to the City Engineer's office to ask for a permit. He has been dealing with this for two years. He announced his neighbors do not even know they have a patio enclosure. The matter arose because he had the contractor go down legally to obtain a permit and the contractor never advised him the permit was denied. Anna Jenkins testified they heard nothing from the contractor advising he could not obtain a permit but could apply for a variance. Ms. Jenkins indicated the contractor was fined and Mr. Blasie, Code Compliance Administrator requested she bring in her contract, the cancelled checks and anything else she had to assist them with the issue. She researched the issue and in 1977, a permit for the patio slab was issued. There was never a permit pulled for the enclosure and Ms. Jenkins further emphasized the contractor failed to apprise them there was never a permit for the enclosure to begin with. The patio was the reason why they purchased the home and where they spent their time. Chair Wische opened the floor to public hearing. No one coming forward, Chair Wische closed the public hearing. Ms. Jaskiewicz announced she visited the home and tried to view the structure but there was a privacy fence. She drove behind the home and the structure was not visible. She noted the home was not the only home with a hard roof on the enclosure in that area. She expressed if they applied for a variance before the structure was put up, she could see no reason why it could not be granted and she did not feel granting the request would be setting a precedent. The board would be dealing later with a Planned Unit Development modification that had far less square feet and homeowners could build closer to the setbacks than this request. Ms. Jaskiewicz commented replacing the screen with the hard roof does not serve the same purpose as a screened roof. She disagreed with staff and thought an allowance 5 Meeting Minutes Planning and Development BoyntDn Beach, Florida January 23, 2007 should be made and the variance granted. She emphasized the permits, fees and inspections were put in place and thought investigating why Mr. White did not get the permits would be appropriate. Ms. Jaskiewicz contended Mr. White should be responsible for it. Ms. Zeitler pointed out the City was aware the contractor failed to inform the homeowner they had not obtained the permits. She pointed out, however, when homeowners hire contractors, they are responsible for ensuring the proper permits and inspections occur. She reported the permit issued in 1977 for the patio slab was for an open patio, and was not structurally engineered to support a solid roof. Mr. Cwynar took exception that comments about the patio were included in the report that were not factual. He indicated comments not confirmed as fact should not be contained in the report or put on the record Mr. Casaine thought the rules in place should be respected and individuals should be responsible. In this instance there was a roof on the patio prior to the storm damaging it. He was familiar with the area and noted there were other such structures. He thought if the homeowner was replacing something in existence prior to the purchase, an exception should be made. Mr. Casaine recognized something went wrong in the process, and there was not an inspection when they purchased the property. He felt granting an exception in this instance would be fair. Mr. Saberson complimented staff for applying the criterion in the Code against the project. The structure was an illegal structure and never permitted. He indicated if a permit was not obtained to rebuild it, the structure was still illegal. He agreed it was the owner's responsibility to ensure permits and inspections for the structure took place, but further indicated he had mixed emotions about the request. He agreed with comments Ms. Jaskiewicz made earlier about the Planned Unit Development (PUD) modification requests. He pointed out PUD requests provided blanket exceptions. When someone applied for a variance on a single-family lot outside of a PUD, the standard variance criteria is applied. He thought there were two different criteria and in this instance he could support this request. Ms. Grecvic commented the survey from 1982 showed the covered patio. Ms. Zeitler advised they had records for all permits issued under the address, which were contained in Exhibit D. A permit application for a new screen enclosure was applied for in 1997. Fifteen years is how far back they can search on the microfilm. Ms. Grecvic inquired what occurred in 1982 that warranted the survey. The staff records did not indicate any permit activity for that year. Ms. Zeitler acknowledged the screen enclosure shown on the survey did not have a permit and that there were multiple owners at the address. Ms. Grecvic did not believe the applicants should be penalized. Chair Wische asked staff if they were aware J. White applied for the permit, which was not granted. Ms. Zeitler confirmed they were aware and that they spoke with Ms. Jenkins about alternative options. The record reflected J. White was contacted twice to 6 Meeting Minutes Planning and Development BoyntDn Beach, Florida January 23, 2007 advise the permit was on hold until revisions could be made to the setbacks. The permit was in the system for several months before it expired and at that time it needed to be renewed and a letter generated advising the applicant of such. Mr. Slehar commented this situation occurs frequently and prospective homeowners are not made aware of such issues when the homes are listed. Ms. Grecvic, a realtor, took exception to the comment. Mr. Slehar felt problems with property were never disclosed to the buyer. Attorney Tolces advised while realtors and builders have certain obligations to disclose, the prospective homebuyer also had a concurrent obligation to conduct due diligence to discover whether permits existed for the structure they were purchasing. Motion Mr. Cwynar moved to approve the request for relief from Chapter 2, Zoning, Section 5.D.2.a. of the Land Development Regulations, requiring a minimum rear setback of 20 feet, to allow a 7-foot variance, resulting in a 13-foot rear setback for a solid-roof screen enclosure on property zoned R-1-A. Mr. Casaine seconded the motion. Attorney Tolces recommended including in the motion they make a specific finding as provided in Chapter 1.5, Article 1, Section 4.1D.1A-G, that the application for the variance meets those requirements. vote Mr. Cwynar amended his motion to incorporate the recommended language into his motion. Mr. Casaine amended his second. The motion passed 6-1 (Mr. B/ehar dissenting). S. The Learning PlacE n (SPTE 07-(01) Site Plan lime Extension Descri ption: The Learning PlacE n (SPTE 07-(01) Scott and Catherine Freeland Scott and Catherine Freeland 8518 Lawrence Road; east side of Lawrence Road, immediately south of Citrus Cove Elementary School and the LWDD L-21 Canal. Request for a one (1) year site plan time extension for site plan and Conditional Use (COUS 04-006) approval granted on October 18, 2005, from October 18, 2006 to October 18, 2007. 1. Project: Agent: Owners: Location: Attorney Tolces administered the oath to individuals intending to testify who were not previously sworn in. 7 VIII.-PUBLIC HEARING ITEM B. 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 Offi ce 0 December 5, 2006 0 January 2, 2007 0 January 16, 2007 0 February 6, 2007 November 20, 2006 (Noon,) ~ February 13, 2007 December 18,2006 (Noon) 0 March 6, 2007 January 2, 2007 (Noon) 0 March 20, 2007 January 16, 2007 (Noon) 0 April 3, 2007 February 20. 2007 (NlQD) -J C- March 5, 2007 (Noon) :P" % N March 19,2007 (NoonW -U 3 rs; February 5, 2007 (Noon) NATURE OF AGENDA ITEM o o o o ~ o o o o o Legal UnfInished Business City Manager's Report New Business AnnouncementslPresentations Administrative Consent Agenda Code Compliance & Legal Settlements Public Hearing RECOMMENDATION: Please place this request on the February 13, 2007 City Commission Agenda under Public Hearing. The Planning and Development Board on January 23,2007, recommended that the subject request be approved. For further details pertaining to the request, see attached Department Memorandum No. 06-205. EXPLANATION: PROJECT: AGENT: OWNERS: LOCATION: DESCRIPTION: Cortina at Boynton Village (SPTE 06-012) Stephen B. Liller, K. Hovnanian Homes Hovstone Properties Florida, LLC Boynton Village, northeast corner of Old Boynton Road and Congress A venue Request for a one (1) year site plan time extension for site plan approval granted on September 20, 2005, from September 20, 2006 to September 20, 2007. PROGRAM IMP ACT: FISCAL IMP ACT: ALTERNATIVES: N/A N/A N/A ~ City Manager's Signature Assistant to City Manager ~ iJ~ Planning and Zo n Director City Attorney / Finance S:\Planning\SHARED\WP\PROJECTS\Boynton Village-Boynton Town Center 1 \Boynton Village Cortina NWSP 05-001 \SPTE 06-012\Agenda Item Request Cortina @ Boynton Village SPTE 06-012 2-13-07.doc S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC (...) ("') ("") --I :::;-< -<.c: r)-rl ,-co ''''"10 ;'J -( -';':;~ :::: . .;--1 " 0 ::;)Z ""'co :Jrn (/J;> rn" :r: TO: FROM: THROUGH: DATE: PROJECT NAME / NUMBER: REQUEST: DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 06-205 STAFF REPORT Chair and Members Planning and Development Board and Mayor and City Commission Gabriel Wuebben ~. ,.) . Planner '"' ,(J / Michael W. RumPfW Director of Planning and Zoning November 14, 2006 Cortina at Boynton Village / SPTE 06-012 Site plan time extension for 458 fee-simple townhouse units on a 30.29- acre parcel in the SMU Suburban Mixed-Use zoning district. Property Owner: Applicant: Agent: Location: Existing Land Use: Existing Zoning: Proposed Use: Acreage: Adjacent Uses: North: South: PROJECT DESCRIPTION The Klatt Family Partnership & Klatt Enterprises, Inc. Hovstone Properties Florida, LLC Mr. Steve Liller with Hovstone Properties Florida, LLC Northeast corner of Old Boynton Road and Congress Avenue, just south of the SFWMD C-16 canal (see Location Map - Exhibit "A") Mixed Use Suburban (MX-S) Suburban Mixed Use (SMU) 458 townhouse units 30.29-acre portion of the 106.5-acre parcel Right-of-way for the SFWMD C-16 Canal, then farther north is developed property with town homes from Phase I of the Renaissance Commons Master Plan with a Suburban Mixed Use (MX-S) land use classification, zoned Suburban Mixed Use (SMU); Right-of-way for Old Boynton Road, then farther south is developed Staff Report - Cortina at Boynton Village (SPTE 06-012) Memorandum No PZ 06-205 Page 2 commercial property (Oakwood Shopping Center), with a Local Retail Commercial (LRC) land use classification, zoned Community Commercial (C-3); East: Right-of-way of the LWDD E-4 Canal, then farther east is developed single family residential (Sky Lake) with an Low Density Residential (LDR) land use classification, zoned Single Family Residential (R-l-AA); and West: Immediately west is right-of-way for the proposed main north/south road within the Boynton Village and Town Center Master Plan. Northwest is undeveloped property proposed for condominium use within the Boynton Village and Town Center Master Plan with a Suburban Mixed Use (MX-S) land use classification, zoned Suburban Mixed Use (SMU). Southwest is undeveloped property proposed for commercial use within the Boynton Village and Town Center Master Plan with a Local Retail Commercial (LRC) land use classification, zoned Community Commercial (C-3), then farther west is right-of-way for Congress Avenue, still farther west is developed commercial property (Boynton Beach Mall). BACKGROUND Mr. Steve Liller with Hovstone Properties Florida, LLC, is requesting a one (1) year site plan time extension for an approved new site plan approval (NWSP 05-001) to construct a large townhouse development within the 81.84-acre mixed-use project. The project will consist of 458 fee-Simple townhouse units. All units will have three (3) bedrooms with some units designated as live/work units. If this request for extension were approved, the expiration date would be extended to September 20, 2007. 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 one (1) year time extensions, provided that the applicant files the request prior to the expiration date of the development order. In this case, the applicant has met that requirement. The Planning & Zoning Division received the extension request September 18, 2006 - two (2) days prior to the expiration of the site plan. The developer has indicated that recent changes in the local real estate market have compelled K. Hovnanian Homes to review and reconsider the product they intend to construct. The renewed effort will concentrate on creating more variety in product affordability, as mixed live/work units will combine with both two (2) and three (3) story townhomes to welcome a broader range of potential end users. The developer states that site plan amendments and revising the recorded plat is estimated to delay the project up to six (6) months. In the meantime, all land development permits for infrastructure and construction have been obtained with the exception of the Boynton Beach land development permit, which has been submitted to the City and is awaiting the Parks and Recreation impact fee. The Cortina plat has also been approved and recorded. A more formal criterion for evaluating requests for time extensions is compliance with concurrency Staff Report - Cortina at Boynton Village (SPTE 06-012) Memorandum No PZ 06-205 Page 3 requirements. A letter from Palm Beach County Traffic Engineering was received indicating that the entire Master Plan meets the traffic performance standards, with a series of conditions which limit or time aspects of the development with certain roadway improvements. The site plan time extension would still be subject to the original conditions of site plan approvals, 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 the adoption of Ordinance 05-060 RECOMMENDATION Staff has reviewed this request for site plan time extension, and recommends approval, contingent upon successfully satisfying all comments indicated in Exhibit "c" - Conditions of Approval. Any additional conditions recommended by the Board or City Commission shall be documented accordingly in the Conditions of Approval. S:\Planning\SHARED\WP\PROJECfS\Boynton Village-Boynton Town Center 1 \Boynton Village Cortina NWSP 05-001 \SPTE 06-012\Cortina SPTE 06- 012 Staff Report.doc Exhibit "A" - Cortina Location Map SMU - Suburban Mixed Use r ~~$1 I I I l r .-.----., I i , L__._____..i ! r~: ",. :r;'-""" " r--'C-'-"! , I . . . ! . ----j i co .(3 <v --.,-.j E L._.~ j E ._..lL7i o _._~ ! (f) r-'-O-j ~ .' - ! a::: >. i (9 ........ !z '0 L..---C., \ (.) :J r--1 [..-E~ i .... E . <,OJ ... ... .O~._-jj , I I ~-l . ~.......--- I __c.o-- ~_.- ("f) U l ~ , ~--""----'."-r -r I 1,."_~,\ , , I 'Li.J . f "i' ISLE- Sd-.-, ~-_.-. '/-1 ',..,... ,..~ "-.j , , , : '... '----.... ---"-.., ~'j j i'- Ii' \ _..11 .. I- - r 1.'" - ~- . .'- , ! ! GONDOLA-' :' .. . , . . , . : : . , r--~~>-~ .~ [~LL~L i _~_C.-..;' : !tf~U0 , : l~~ ~-~ t i~~!/~ ~--'-; (l) ..i.r-~-,- ; / {g'l ,W _---, I I '/ "......\"'...... ;' j / ! N 1,760 + I Feet W E 440 220 I o 440 880 1,320 s EXHIBIT "S" ~';;;;;... ..., .,..-..- . .'<",.T1< , K T TOYllanian".J .,"'--._1-1~ !-fOlTleS J ~"'-".."""""";';;'/ September 15, 2006 City of Boynton Beach Planning and Zoning Division Attn: Mike Rwnpf 100 E. Boynton Beach Blvd. P.O. Box 310 Boynton Beach, FL 33425-0310 ,u_ -- -" ---7;--~,-"'! --'~,,~r-;--l--~:::',~l rn R l'" [, " 'l I, \ " LS ~J S I]:) [', '.1.' . " o -.. ---'. .Ii , I: I" , 1 " r SEP I 8 2006 L Dear Mike: PLflNNING fiNO ZO~Pl Please accept this letter as a written request for a time extension to our approved site plan and Development Order for Cortina. Our site plan expiration date is September 20, 2006 by which time a building permit must be issued. K Hovnanian Homes (fka To'..Vtl and Country Homes) will not have issued a building permit by this date. Based on the recent decline in the housing market, K Hovnanian Homes feels it is necessary to review and rethink the product type approved at Cortina. In order to meet the needs of the current market, we have worked together with the City to maintain our site plan layout and unit count of 458. We are, however, creating a product mix to include live/work units, front load and rear load 3 story townhomes, and front load and rear load 2 story townhomes. We feel the product mix will create variety in price and options to welcome a variety of end users. The process of amending the site plan and revising the recorded plat is estimated to take up to (6) six months therefore we are requesting a (1) one year time extension to allow for the necessary time to revise and approve our site plan and plat. Please note to date, all land development permits for infraSlTucture and construction have been obtamed with the exception of the Boynton Beach land development permit. This permit has been submitted to the City and awaits the Parks and Recreation impact fee for approval. In addition, the Cortina plat has been approved and recorded. We have worked diligently to date to meet the required dates; however, the unexpected change in the market has halted our progression. We would like to offer in advance, our appreciation for your time and approval of the requested time extension to Cortina. We look forward to continued success working with the City as we move forward. Stephen B. Liller Vice President of Land Development and Acquisition 1275 GATEWAY BOULEVARD, SUITE 101, BOYNTON BEACH, FL 33426 TEL: (561) 364-3300 khov.com EXHIBIT "e" Conditions of Approval Project name: Cortina at Boynton Village File number: SPTE 06-012 Reference: I DEPARTMENTS I INCLUDE I REJECT I 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 FORESTERJENVIRONMENT ALIST Comments: None X PLANNING AND ZONING Comments: 1. The time extension is subject to the original Conditions of Approval. X Cortina at Boynton Village! SPTE 06-012 Conditions of Approval Page 2 \ DEPARTMENTS I INCLUDE I REJECT I ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS Comments: To be determined ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHAREDlWP\PROJECTS\Boynton Village-Boynton Town Center 1 \Boynton Village Cortina NWSP 05-001\SPTE 06-012\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Cortina at Boynton Village APPLICANT: APPLICANT'S AGENT: AGENT'S ADDRESS: Hovstone Properties Florida, LLC Mr. Steve Liller with Hovstone Properties Florida, LLC 1275 Gateway Boulevard, Suite 101, Boynton Beach, FL 33426 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: February 13, 2007 TYPE OF RELIEF SOUGHT: One (1) year site plan time extension until September 20, 2007, for 458 fee-simple townhouse units on a 30.29-acre parcel in the SMU Suburban Mixed-Use zoning district. LOCATION OF PROPERTY: Northeast corner of Old Boynton Road and Congress Avenue, just south of the SFWMD C-16 canal (see Location Map - Exhibit "A") DRAW/NG(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\SHAREo\WP\PROJECTS\Boynton Village-Boynton Town Center 1\Boynton Village Cortina NWSP 05-001\SPTE 06- 012\DO.doc Meeting Minutes Planning and Development aavmoo Beach, Florida January 23, 2007 Hanna MatIas, Economic Planner, advised the board the State was requiring all local governments in Florida have a program for traffic concurrency. They missed the December 1, 2006 deadline because the Department of Community Affairs (DCA) was not clear whether the City would fall under the purview of the County, who was in charge of traffic concurrency programs. This item would add Article 8 to Chapter 1.5 and amended Concurrency Requirements, Chapter 6. The program provided a methodology for developers, when they added road capacity over the adopted Level of Service (LOS) to pay its share towards improvements of the impacted facilities. The Ordinance was drafted by the Department of Transportation at the request of DCA, and contained all the State requirements. Ms. Matras explained the formula was complex and was contained in the Ordinance. When trips generated by new development cause the road to exceed the adopted LOS, the developer will contribute towards their improvements if those facilities were going to be improved by the City and were contained within the City's Five-Year Capital Improvement Plan. At this juncture, there are no capital improvements for local roads; only repaving is required. In the future when capital improvements fall within the City's jurisdiction, the program could be used. For the present moment, the City has to have the program because the State requires it. Ms. Matras recommended the board approve the amendment. Mr. Cwynar asked what Level of Service was being used. Ms. Matras responded they were looking at Level of Service "0", which is contained in the adopted Comprehensive Plan and in the Code. MotioIl Ms. Jaskiewicz moved to approve the amendment. Mr. Saberson seconded the motion that passed 6-1 (Mr. Cwynar dissenting). 6. Unfinished Business: A. Cortina at BoyntDI1 Village Site Plan ExteI1sioo Description: Cortina at BoyntDI1 Village (SPTE O6-OU) Stephen B. Liller, K. Hovanian Homes Hovstone Properties Florida, LLC Boynton Village, northeast corner of Old Boynton Road and Congress Avenue. Request for a one year site plan time extension for site plan approval granted on September 20, 2005, from September 20, 2006 to September 20, 2007 1. Project: Agent: Owner: Location: 3 Meeting Minutes Planning and Development BoyntDn Beach, Florida January 23, 2007 Melissa Hudson, 1275 Gateway Boulevard was present on behalf of the project. Chair Wische read the request for the one-year site plan time extension and indicated the extension was subject to all the original conditions and staff comments. Ms. Hudson was in agreement with those conditions. Chair Wische opened the floor to public hearing. No one coming forward, Chair Wische closed the public hearing. Gabriel Weubben, Planner, reviewed the request as contained in the staff report and recommended approval contingent upon satisfaction of all the comments indicated in Exhibit C, Conditions of Approval. Motion Mr. Cwynar moved to approve the site plan time extension for site plan approval granted on September 20, 2005, from September 20, 2006 to September 20, 2007. Ms. Jaskiewicz seconded the motion that unanimously passed. 7. New Business A. 306 9N 5th Avenue Zonil19 Code Variance 1. Project: Agent: Owners: Location: Description: 306 9N 5th Avenue/Jenkins (ZNCV 07-001) Steve and Anna Jenkins Steve and Anna Jenkins 306 SW 5th Avenue Relief from Chapter 2, Zoning, Section 5.D.2.a. of the Land Development Regulations, requiring a minimum rear setback of 20 feet, to allow a 7-foot variance, resulting in a 13-foot rear setback for a solid-roof screen enclosure on property zoned R-1- A. Chair Wische read the request for relief for setbacks to accommodate a solid screen enclosure. Kathleen zeiUer, Planner reviewed the item and provided the project location. She indicated a screen enclosure with a solid roof must comply with the setback requirements for the zoning district and indicated the structure presently encroached seven feet into the rear yard setback. Staff reviewed the request against the criteria that needed to be met before the board could grant a variance and announced there was no hardship. She cautioned granting the request would set a precedent and could be construed to condone construction of improvements without proper permits and inspections, and asking for forgiveness after 4 VIII.-PUBLIC HEARING ITEM C. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Meeting Dates in to City Clerk's Office Meeting Dates D December 5, 2006 November 20,2006 (Noon.) [gJ February 13,2007 D January 2, 2007 December 18, 2006 (Noon) D March 6, 2007 D January 16, 2007 January 2,2007 (Noon) D March 20, 2007 D February 6, 2007 January 16, 2007 (Noon) D April 3, 2007 Date Final Form Must be Turned in to City Clerk's Office February 5, 2007 (Noon) February 20, 2007 (Noon) o March 5, 2007 (Noon) -' '- ::Do March 19,2007 (Noon):Z; N ..r::- -0 D Announcements/Presentations D City Manager's Report ::::!: NATURE OF D Administrative D New Business ~ AGENDA ITEM D Consent Agenda D Legal ..r::- D Code Compliance & Legal Settlements D Unfinished Business [gJ Public Hearing D RECOMMENDATION: Please place this request on the February 13, 2007 City Commission Agenda under Public Hearing. The Planning and Development Board on January 23,2007, recommended that the subject request be approved. For further details pertaining to the request, see attached Department Memorandum No. 06-215. EXPLANATION: PROJECT: AGENT: OWNERS: LOCATION: The Learning Place II (SPTE 07-001) Scott and Catherine Freeland Scott and Catherine Freeland 8518 Lawrence Road, east side of Lawrence Road, immediately south of Citrus Cove Elementary and the LWDD L-21 Canal. Request for a one (1) year site plan time extension for site plan and conditional use approval (COUS 04-006) granted on October 18, 2005, from October 18, 2006 to October 18,2007. DESCRIPTION: PROGRAM IMP ACT: FISCAL IMPACT: ALTERNATIVES: Develop ~ City Manager's Signature c~ Assistant to City Manager tc()~ C A IF anmng an 0 g lrector Ity ttomey mance S:\Planning\SHARED\WP\PROJECTS\Learning Depot - Learning Place 1I\Learning Place 1I\SPTE 07-001 \Agenda Item Request The Learning Place 11 SPTE 07-001 2-13-07,doc S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC n o-~ -1'"< -<0 n" i-CO :""\0 ::~-< .AZ ....;-0 ,-' c:i :"::J:;,r:: ~CO -- r'l (J'"'"-. rrl..... CJ ::c TO: THRU: FROM: DATE: PROJECT: REQUEST: DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 06-215 Chair and Members Planning and Development Board i.. Michael Rump~"J Director of Planning and Zoning Kathleen Zeitler ICZ~ Planner January 16, 2007 The Learning Place II (SPTE 07-001) Site Plan Time Extension PROJECT DESCRIPTION Property Owners: Applicant I Agent: location: Existing land Use: Existing Zoning: Proposed land Use: Proposed Zoning: Proposed Use: Acreage: Adjacent Uses: North: South: East: Scott and Cathy Freeland Scott and Cathy Freeland 8518 Lawrence Road (see Location Map - Exhibit "A") Low Density Residential (LDR) Single-family Residential (R-1-AAB) No change proposed No change proposed 7,800 square foot Day Care Center 0.839 acre (36,588 square feet) Right-of-way for Lake Worth Drainage District (LWDD) Canal L-21, then farther north is a developed school (Citrus Cove Elementary School), classified Low Density Residential (LDR) land use and zoned Single-family Residential (R-1- AA); Developed property classified Low-density Residential (LDR) and zoned Single- family Residential (R-l-AAB); Right-of-way for Lawrence Lake Drive, then farther east are developed lots for single-family homes (Lawrence Lakes Estates) classified Low Density Residential (LDR) and zoned Planned Unit Development (PUD); and Page 2 Memorandum No. PZ 06-215 The Learning Place II (SPTE 07-001) West: Right-of-way for Lawrence Road, then developed single-family homes (Sausalito) classified Moderate Density Residential (MoDR) and zoned Planned Unit Development (PUD). BACKGROUND Scott and Cathy Freeland (property owners) are requesting a one (1) year site plan time extension for The Learning Place II New Site Plan and Conditional Use Development Order (COUS 04-006), which was approved by the City Commission on October 18, 2005. The site plan approval was valid for one (1) year from the date of approval. If this request for a one (1) year time extension were approved, the expiration date of this site plan would be extended to October 18, 2007. The subject property is a vacant, undeveloped lot located on the east side of Lawrence Road approximately 1,100 feet north of Gateway Boulevard (see Exhibit "A" - Location Map). According to the staff report for the approved site plan and conditional use (COUS 04-006), the proposed Learning Place II was approved for a 7,800 square foot day care center on a 0.839-acre parcel in the R-1-AAB zoning district. The proposed nonresidential use is a conditional use in the R-1-AAB residential zoning district. Staff reviewed and evaluated the project according to the standards for conditional uses, and reviewed the site plan for compliance with the Land Development Regulations. The project was approved subject to 41 original conditions of approval. ANALYSIS According to Chapter 2, Zoning, Section 11.2 Conditional Uses, a time limit is to be set within which the proposed project is to be developed. A condition of site plan approval requires a period of one (1) year be allowed to obtain a building permit for the project. Examples of building permits include but are not limited to the following: Plumbing, electrical, mechanical, foundation, and structural. The Land Development 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 applicant has met that requirement. The Planning & Zoning Division received the application for time extension on October 18, 2006, the expiration date of the site plan. According to the justification submitted for the requested time extension (see Exhibit "B''), the applicant explains that the delay was mostly due to securing financing for the project, which has now been completed through Wachovia Bank, and an additional one (1) year is needed to complete the permit process. A more formal criterion for evaluating requests for time extensions is compliance with (traffic) concurrency requirements. The Palm Beach County Traffic Division reviewed the project traffic statement during the new site plan approval process, but withheld approval of the project for traffic concurrency until additional information was supplied by the applicant. The Traffic Division's response to the submitted traffic statement required a revised traffic study prepared by a registered engineer in conjunction with the requirements of the Traffic Performance Standards, and a build-out date. A traffic concurrency determination, although discussed in the staff report in detail, was not included as a condition of site plan approval. Staff is therefore recommending a condition of approval for the site plan time extension that requires traffic concurrency approval, including a project build out date, prior to the issuance of a building permit for the project. The site plan time extension is still subject to the original 41 conditions of the new 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. Page 3 Memorandum No. PZ 06-215 The Learning Place" (SPTE 07-001) SUMMARY I RECOMMENDATION Staff recommends approval of this request for one (1) year time extension of the new site plan / conditional use (COUS 04-006) for The Learning Place II project. If this request for extension were approved, the expiration of this site plan would be extended to October 18, 2007. If this request for site plan time extension is approved, all outstanding conditions of approval from the new site plan must still be satisfactorily addressed during 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\PROJECTS\Learning Place II\SPTE 07-001 \Staff Report.doc Exhibit "A" - The Learning Place Location Map R1AA Single-family Residential SITE NOT IN CITY FLORAl: DR .....-=: . I . 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'" m ,.., , ." ~ >- "" n ;0 V> 0 ~ ." 0 m > '" 0 ,.., c m m '" , 0 c m "" '" '" 0 00 m 0 c 0 r 0 V> z :r ~ 00 (;; > >- e c ~ % '" r n '" '" > ;:; '" z '" G) ... m i:; 0 ,. co m n ;0 >- :;l m ." 0 ;0 ~ ;;; 0 i:; < V> '" '" ... >- m % n '" (;; ~ J~- ~ Z:C ~ -nnN _ '" 0 . ~g ~ r 2 SOUTH BOUND TR^FFIC L^NES TO G^TEW^Y BOULEV^RD P^VED HEOI^N -__ --------=---, 2 NORTH BOUND TR^FFIC LANES -- )CrIlIHG 2' CONe. CUIlB ANti GUTTER E")(ISrIHQ " O/{AS! 'nIP~---':' ~~ i ~ ~ I .... o .... >- r- r-O;E<nC1CC-,;l >c:> ce.> :Z::X""o::c < oc.nr-malr-m <n--l ::II!: 03' nm > -m >XJ r- zz "'Q :::-;: C>-f ~ .... m i:; m ,. '" ;0 m > '" o o '"' % ::Iv> %.... - m =< ~~ ",% m:z: ~G) >- n '" '" "',. >- CD .... m i:; m >- ~ o ~ >- % ~ ~ ~ '" '" '" '" '" l: 0 '"' r '"' g n ,. 20.S' ~ c;- ::: '" p2 ." n ." "" ~ '" ~ ~ ~ ~ ~ !ii ~ ,. 0 ~ ~ 8 -< '" <; m n C, '" 0 0 :z: ." i" g: V> -< '" '" r ~ 0 :I: ~ '" -< r z ;;:; 0 '" ~ 'o.e" % Cl ~~ m m >-> "" 0> ~ ::;: "" ~ ::;: -O>\O~::E ...."<>>0..... CD~-.....U'I-f ~ :r- "'-ll.nQ't"....... _ 10 VI '"'CCO :<n ~r-~~ ." "T1 n Vl."."'Tl :t: ~ ." :" "';[I 00 ~~ > :z o '" m i:; CD V> o'i: ~ 1110 o o CD ... ,. n ... '" '" ~ N '" '" ~ ~ CD '" o o o o x ... "''''' OO-NO-tv O'l.A.N.tr.O>\Ol1l V"l......ViOOl.A........(..I a'( ~ X x .x x x x ~ ~ m "" '" x :J: ,. X ~ ;, I ov,lN LIN~ F'E"K:l' Ii 9 32 ' :; ill ~ ~ "-."'''~ ~~ ~., ~ ~ ~ i r i ~ EXHIBIT 'H :z: L^WRENCE RO^D ( B 0' R IW J TO HYPOLUXQ RO^D ----- iBll!I'e~i!i i" !i~~;;: =1- :i~..~ ~I i' :;~ :m;o~di:~ B-;:;:l\'-2~ !i~~~lii~ii ~~~j~~~~ ~I~,..l;~ ii !,:-~~~~~ ~~~!~~~g ~~~;hji :~~l~Ii~~ ~1i~!!~~~~ !~f~H~ifi - <<~I-,,"!!l i!e~;=>,H~ ~~j;~i~i!l :K!;i' :!~~ ~~:U;l;'; m~P;hi ~1:-ei2llil . ~~hi!1 mE'i\J;!~ ~ !1Il~!; ~. III EXHIBIT "B" The Learning Place n 10855 Canyon Bay Dr. Boynton Beach F1.33437 Dear City Commission, We are requesting an extension on our conditional use approval to finish the permit process of our project. The reason for the delay was mostly due to securing financing which has been completed through Wachovia bank. The landscape plan and the irrigation plan have also been completed. We are intent on moving forward with this project and would need an additiona112 months to complete the permit process. Thank you for your cooperation on this matter. Sincerely, Scott and Cathy Freeland EXHIBIT "C" Conditions of Approval Project name: The Learning Place II File number: SPTE 07-00 I Reference: I DEPARTMENTS I INCLUDE I REJECT I 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/ENVIRONMENT ALIST Comments: None X PLANNING AND ZONING Comments: l. The site plan time extension shall be subject to all previous Conditions of X I Approval. Conditions of Approval 2 I DEPARTMENTS I INCLUDE I REJECT I 2. Prior to the issuance of a building permit, provide a traffic analysis and notice X of concurrency approval (Traffic Performance Standards Review) from Palm Beach County Traffic Engineering. ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: I To be determined. I I I S :\Planning\SHARED\ WP\PROJECTS\Leaming Place I1\SPTE\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: The Learning Place II APPLICANT'S AGENT: Scott and Cathy Freeland APPLICANT'S ADDRESS: 10855 Canyon Bay Drive, Boynton Beach, FL 33437 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: February 13, 2007 lYPE OF RELIEF SOUGHT: Request a one (1) year site plan time extension until October 18, 2007, for construction of a 7,800 square foot day care center on a 0.839-acre parcel in the R-1-AAB zoning district. LOCATION OF PROPERlY: 8518 Lawrence Road (east side of Lawrence Road, approximately 1,100 feet north of Gateway Boulevard). DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came 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:IPlanningISHARED\WPIPROJECTSILearning Place IIISPTE 07-0011DO,doc .,.....""~"""'",;"'''''''''Ii'''''......,.____''''~,'~''''''"".i,'''"''_...."".~~".,,,.*,J...'_""""''''''_''''*,;,,,",.;:,,,;''.,',,,, "" Meeting Minutes Planning and Development BayntDn Beach, Florida January 23, 2007 advise the permit was on hold until revisions could be made to the setbacks. The permit was in the system for several months before it expired and at that time it needed to be renewed and a letter generated advising the applicant of such. Mr. Slehar commented this situation occurs frequently and prospective homeowners are not made aware of such issues when the homes are listed. Ms. Grecvic, a realtor, took exception to the comment. Mr. Slehar felt problems with property were never disclosed to the buyer. Attorney Tolces advised while realtors and builders have certain obligations to disclose, the prospective homebuyer also had a concurrent obligation to conduct due diligence to discover whether permits existed for the structure they were purchasing. Motion Mr. Cwynar moved to approve the request for relief from Chapter 2, Zoning, Section 5.D.2.a. of the Land Development Regulations, requiring a minimum rear setback of 20 feet, to allow a 7-foot variance, resulting in a 13-foot rear setback for a solid-roof screen enclosure on property zoned R-1-A. Mr. Casaine seconded the motion. Attorney Tolces recommended including in the motion they make a specific finding as provided in Chapter 1.5, Article 1, Section 4.1D.1A-G, that the application for the variance meets those requirements. vote Mr. Cwynar amended his motion to incorporate the recommended language into his motion. Mr. Casaine amended his second. The motion passed 6-1 (Mr. B/ehar dissenting). B. The Learning PlacE n (SPTE 07-001) Site Plan lime Extension Descri ption: The Learning PlacE n (SPTE 07-001) Scott and Catherine Freeland Scott and Catherine Freeland 8518 Lawrence Road; east side of Lawrence Road, immediately south of Citrus Cove Elementary School and the LWDD L-21 Canal. Request for a one (1) year site plan time extension for site plan and Conditional Use (COUS 04-006) approval granted on October 18, 2005, from October 18, 2006 to October 18, 2007. 1. Project: Agent: Owners: Location: Attorney Tolces administered the oath to individuals intending to testify who were not previously sworn in. 7 Meeting Minutes Planning and Development aovmoo Beach, Florida January 23, 2007 Chair Wische read the request and reminded the applicant that all prior conditions of approval applied. Scott Freeland, 10855 Canyon Bay Lane agreed to all the conditions of approval. Kathleen Zeitler reviewed the request and explained financing caused the delay. Staff recommended approval of the request subject to all prior conditions of approva, a traffic analysis and notice of concurrency approval be provided prior to the issuance of a building permit. Chair Wische opened the floor to public hearing. No one coming forward, Chair Wische closed the public hearing. Motion Mr. Casaine moved the request for the one (1) year site plan time extension for site plan and conditional use approval granted on October 18, 2005, from October 18, 2006 to October 18, 2007 be approved with all staff conditions. Mr. Cwynar seconded the motion that unanimously passed. C. Fire Station #5 eomm.unitv Desian Plan ADDeaI Description: Fire Station #5 (CDPA 07-001) David Stump, Project Manager, Engineering Division City of Boynton Beach Quantum Park lots 81 and 82; east side of High Ridge Road, south of Gateway Boulevard Request for Community Design Plan appeal approval to allow overhead bay doors to face High Ridge Road. 1. Project: Agent: Owners: Location: Chair Wische read the item and announced the request would allow the overhead bay doors to face High Ridge Road. David Stunp, Sr. Project Manager for the City of Boynton Beach, explained the operating doors would directly face High Ridge Road. In the process, they developed an hourglass concrete outlet onto High Ridge Road to minimize the view with the doors being open. He explained the main issue was that during emergency situations, timing was of the essence. It was practically impossible to utilize a side entry garage with the size of the vehicles. They added extensive landscaping in the area. Ed Breese, Principal Planner, announced staff recommended approval of the request based, in part, with the response time. With the addition of the hourglass driveway, additional landscaping, and construction of pilasters between the doors, the fa<;ade was 8 VIII.-PUBLIC HEARING ITEM D. ~-rY 0,.,.. "'\". - , ..,. . '. ....... '. "> ;f ... _ \ / -I " ,-"'" J.,,;.., , . o ;;i:'~ o'0~ '7 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORNI Requested City Commission Date Final Form Must be Turned Meeting Dates in to Citv Clerk's Office D December 5, 2006 November 20,2006 (Noon.) ~ D January 2, 2007 December 18,2006 (Noon) D D January 16, 2007 January 2, 2007 (Noon) D D February 6, 2007 January 16,2007 (Noon) D Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office February 13,2007 February 5, 2007 (Noon) March 6, 2007 February 20, 2007 (Noon) March 20, 2007 March 5, 2007 (Noon) 5 C- March 19,2007 (Noon:6: N +:"" April 3, 2007 NATURE OF AGENDA ITEM D AnnouncementslPresentations D Administrative D Consent Agenda D Code Compliance & Legal Settlements ~ Public Hearing D City Manager's Report -0 :::E: D New Business N D Legal D +:"" Unfinished Business D RECOMMENDATION: Please place this request on the February 13, 2007 City Commission Agenda under Public Hearing. The Planning and Development Board on January 23,2007, recommended that the subject request be approved. For further details pertaining to the request, see attached Department Memorandum No. 07-001. EXPLANATION: PROJECT: AGENT: OWNERS: LOCATION: DESCRIPTION: " " --4 '-1-< -(0 n""11 {-"OJ [TIO -< z: r) --: ~. 6 '.:;) :.r: ....., .,OJ -""-1 "> f'\.() Fire Station #5 (CDPA 07-001) David Stump, Project Manager, Engineering Division City of Boynton Beach Quantum Park lots 81 and 82, east side of High Ridge Road, south of Gateway Boulevard Request for Community Design Plan Appeal approval to allow overhead bay doors to face High Ridge Road. PROGRAM IMP ACT: FISCAL IMPACT: ALTERNATIVES: Develop City Manager's Signature Assistant to City Manager ~ JL,0~,~_ Planning and ni g Director City Attorney / Finance S:\Planning\SHARED\WP\PROJECTS\Fire Station #5\CDPA\Agenda Item Request Fire Station #5 CDPA 07-001 2-13-07,doc S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT MEMORANDUM NO. PZ 07-001 PLANNING AND DEVELOPMENT BOARD AND CITY COMMISSION TO: Chair and Members Planning and Development Board -'-t. ~ \::> ~ Michael W. Rumpf ~ Planning and Zoning Director Ed Breese, Principal Planner ~ January 3, 2007 THRU: FROM: DATE: SUBJECT: Fire Station #5 - CDPA 07-001 Appeal of Chapter 9 - Community Design Plan (Overhead Doors) NATURE OF REQUEST David Stump, Project manager, representing the City of Boynton Beach Engineering Department, is requesting approval of a Community Design Plan Appeal to allow overhead bay doors facing High Ridge Road (see Exhibit "B" - Proposed Elevations). This appeal is being submitted in conjunction with a site plan application (NWSP 07-002). BACKGROUND The City proposes to construct a two-story, 47,739 square-foot fire rescue station/ fire administration office building, along with the City EOC (Emergency Operations Center), on a 4.47-acre parcel on the east side of High Ridge Road, just south of Gateway Boulevard (see Exhibit "A" - Location Map). According to Chapter 9 - Community Design Plan of the City's Land Development Regulations, High Ridge Road is listed as a roadway where building elevations shall not display overhead bay doors. Due to their high degree of visibility, these major roadways within the City are subject to higher standards related to building appearance. ANAL YSIS The restriction of prohibiting the bay doors to face High Ridge Road is predicated on the concept that the roadway is very visible and overhead bay doors tend to be more unsightly than the typical architectural features on the front of office/commercial buildings. Secondly, when the bay doors are in an open position, a clear view into the inner workings of a business is afforded, which in many instances, may not be the most attractive aspect of the business, particularly where vehicles are serviced or merchandise is stored. High Ridge Road, as well as the other roadways listed in Chapter 9, Section 11.J. of the Land Development Regulations, are considered entrances into the City and carry a considerable amount of daily traffic. Buildings located on these roadways should be held to a higher level of architectural standards. The Design Appeal process is appropriate in this instance given the unique nature of the fire rescue operation and the rapid response necessity, combined with the typically well-maintained appearance of such facilities. Since in many instances, every second counts, having immediate access to the main thoroughfare (High Ridge Road) can substantially improve the response times, as opposed to driving M;;i....u. 1Cjli'1'i1"'jlji~~_~~~~,..."".,"";;~,,_,,~,,,,__ .. Page 2 Memorandum No. PZ07-001 Fire Station #5 CDPA 07-001 through a long parking lot before entering the highway. Accordingly, the architects have proposed an architecturally interesting building with a great deal of design character (see Sheets A-201 & A-202). The modern architecture more closely resembles many of the industrial warehouse/office buildings already built in Quantum Park than a series of apparatus bays of a fire station. They have also proposed painting the overhead doors one of the matching accent colors of the building, in order that the doors blend with the building as much as possible, without creating one long wall of a single color. To further that effort, the building was designed with protruding columns between each of the doors on the apparatus bay to visually minimize the linear effect of the bay doors. Additionally, standard operating procedure is for the bay doors to be closed, thus obscuring any storage, daily operations, or the things people generally find objectionable about open garage bays. Also, the throat of the driveway has been narrowed to provide greater landscaping opportunities. Lastly, the Architects' design of a lush, colorful landscape theme along the front of the fire rescue station, in combination with the Quantum Park streetscape on High Ridge Road, should help soften any impact from the orientation of the bay doors (see Sheet L-1 01). Previous Community Design Plan Appeals (CDPA) involving overhead garage bay doors have been approved for projects along High Ridge Road. In November of 2002, the City Commission approved a CDPA for the Premiere Interstate parcel just south of the CarMax property. The reasoning behind the approval stems from the fact that the overhead bay doors facing High Ridge Road would be preferable to orienting them on the back of the buildings facing the Interstate, since the sheer number of vehicles (volume of traffic) traveling on 1-95 far exceeds that on High Ridge Road. A second approval was granted on January 21,2003, and involved High Ridge Commerce Center II, a project north of Gateway Boulevard on the west side of High Ridge Road, immediately north of Canterbury Townhomes. For this project, there were unique site characteristics and constraints, due to the long and narrow configuration of the parcel, combined with the fact that 25% of the site was set aside for preservation of the A-rated Scrub habitat on the western portion of the property. Since the building was designed for smaller tenants requiring overhead bay doors on two sides of their bays and that the narrowness of the parcel would not allow the buildings to be oriented in another direction so the doors could face north/south, inevitably the doors had to face High Ridge Road. Lastly, due to the termination of the road at the High School around the corner, and the types of businesses south of the subject site, this segment of High Ridge Road has relatively low volumes of traffic in contrast with the other roadways contemplated under the Community Design Plan regulations for overhead bay doors. RECOMMENDATION Based on the analysis contained herein, staff recommends approval of this request to locate the overhead bay doors facing High Ridge Road. No conditions of approval are recommended; however, any conditions of approval recommended by the Board or City Commission will be placed in Exhibit "0" - Conditions of Approval. S:\Planning\SHARED\WP\PROJECTS\Fire Station #5\CDPA 07-001 \staff report.doc . 1 in. = 175.6 feet /((~ ~' J 'C' '... '\. ......~) '\" :-.. . ",,\'"" ... /[ >rcJ r':::""...;:, '- Fire Station #5 EXHIBIT A t:AHlljll 'lj" cb \\. I I I I I I I ~ --, i n i g I; ! ! @ 0 0, 0 0 0 I~*~ 0 Qi ~ . ill . il ;l Ii I a ~ I I f I ( I f f r I ~ I ~ i i J i , i r i J i I I [] . @ (t) . 0 ~ . e I R li . ~ ~ i 1;1 . :;1 I. f I i f i Tl r [ , II r r f f n f f I( f - J r f ~ fJ I !il . III rJI . ID j Z t! ~ :. " g ill. i f , I ' r ~ r I I ~ J f I I I i Ilil:b: Iii II I!lllllll III'; !i Ii 1111 Ii Ii Ii Ii Iii Ii i ij.lllili Iii I ~ ~b~ 0 r 1m i~hl il ~il II~~ ~~; l~~~.!~ ~l ~! d~ 2m ~ i=~'iI~~ es ~~ ~ m ~ ;~I~ ~ ,Iii 1m!;I! illdhl ! 111;11 ! IIII I!! !I I niiii I! III ~ Illi I ~ ilillil ij lUIII, ill illllll!1 ill !Iil~ ! '! ! .. fI~ I! 1~1,',lllllllllli! 111,ITII'IIII,~ I r 8> ;!!~ I! 111~i II I !ill 11 i Iii I I > l il ! I Ill!!l I I III' I I 1'1 ill I'll ~ I Iii I I ! l ~ II 1 I III! I i illl II I Iii! , I III i i I II j I jllll I I I In I ,"III I ~ JJIS I g II 1MT~ CH2MHILL JOOIIG4I1CU.1VMD...... Ml.N1IAaI~ I'LCIUa4IM1O MClDlfII ~. ~ - CITY OF BOYNTON BEACH I'IlUl D!SCUI! STA110N lIS - HOC mOIl amoa ao.\J) -=mttoN IIIN:II, ......,. PEWED fIER TMr cx:u.Et<<I 18 AWS AEYIIIlON BY -W::ClICaM.L al' OoICaI~....It.LNOHfI ~ lANDSCAPE PlANTING PlAN t:AHltsllts- ~ <S><8>%> ~ pill I i z .~ G> E~~ ~~~ ~~I i~~ n ' ~~ &.: I n l:::Z , f '! --------_0 N t~~~~~. " il~ n ~~ 0". dJ] ~~ .... -; r>r m r m ~ '-I o Z ~~ ~ ~ . ::c m r m ~ '-I o Z !ii I iU II l . I : t 1IIIh ! ~ I ,....,...-n... CH2MHILL 1001 POA.8OULIVAlD.IUf1'BJOO MJ.J.t IBAaI 0AlDIINI, n.olJDA U4JO MCOOltn J..CI'lIG01U DOGOlm2 -- NORTH AHD WEST EXTERIOR ElEVATIONS CITY OF BOYNTON BEACH FIRE RESCUE STAllON'S . roc RIOH amGB "OAD BOYNTON &BAal. PLOaIDA i;8e!ii~ I~"~ 1!~ll ill s! i ii i ~~j~ ~~~ ~~j ~i ~ a~~ ~ ~ ~~ r G> t ~ ~ = ~ G . ~ . ~ ... ~ N _ N:l:li:l~S~~~~~fl1~d l!l88l!l~ Sgg ~y , 00 .... Ol ... .... C,IO ... .... .... .... ... VI ... QI 2 1ll1SIStllllilf(0i!l~~'ff;i (JI 01 . .. .. DI C. <- '" Coo (,. U. C. 00 ~ lTi z ~ ~~~~~~~~~!3~~~~~ _01.... G.........,o:....O..'""i:o~, He """ BY EXHIBIT "C" . CH2MHILL ~ 3001 PGA Boulevard, Suite 300 Palm Beach Gardens, FL 33410 (561) 904-7400 Tel (561) 904-7401 Fax December 11, 2006 City of Boynton Beach Planning and Zoning Department 100 E. Boynton Beach Blvd. Boynton Beach, FL 33425 Re: Boynton Beach Fire Rescue Station #5/ EOC Community Design Plan Appeal (CDP A) Response to TART Review Comment #98 To Whom It May Concern: It is necessary to orient the apparatus bay doors as proposed (facing the street) for this facility due to its use and operations. The "Fire Rescue Station/EOC" serves as an emergency response/emergency operations facility and requires direct access to public/private streets in the shortest time period possible (response time) for its emergency vehicles. The proposed orientation of the apparatus bay doors provides the most efficient and effective way for the emergency vehicles to operate during an emergency. In an effort to mitigate the appearance of the overhead doors from the street, we have added the following features: · Protruding columns along the face of the apparahls bays to minimize the linear effects of the doors and apparatus bay fa~ade. · We have several color accents throughout the building fa~ade that will blend with the doors which give it a consistent, yet enhanced, look. · Additional landscaping materials, above and beyond requirements, were added to either side of the apparatus bay drive to aid in the screening of the bay doors. · Width of apparatus bay drive reduced at intersection with the street to minimize the effects of the overall driveway. Based on all of the above, we are requesting your acceptance of the proposed apparatus bay doors' orientation. City of Boynton Beach Planning and Zoning Department December 11, 2006 Page 2 Please feel free to contact me (561) 904-7503 if you have any questions. Respectfully yours, '" CH2r HI] '...".6..::-................. '"' ,- ". -.....,~".-.,. ---- ." ", ..,...-.-- Anderson W SlOC~~CARB Project Mana Copy: File EXHIBIT "D" Conditions of Approval Project name: Fire Station #5 File number: CDPA 07-001 Reference: DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- Solid Waste Comments: None X PUBLIC WORKS - Forestry & Grounds 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/ENVIRONMENT ALIST Comments: None X Conditions of Approval 2 DEP ARTMENTS INCLUDE REJECT PLANNING AND ZONING Comments: None X ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: I 1. To be determined. I I I S:\Planning\SHARED\ WP\PROJECTS\Fire Station #5\CDP A \COAdoc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Fire Station #5 APPLICANT'S AGENT: David Stump -Engineering Division - City of Boynton Beach APPLICANT'S ADDRESS: 100 E. Boynton Beach Blvd. Boynton Beach, FL 33425 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: February 13, 2007 TYPE OF RELIEF SOUGHT: Community Design Plan Appeal for garage doors facing High Ridge Road. LOCATION OF PROPERTY: East side of High Ridge Road, South of Gateway Blvd.; Quantum Park Lot 81 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\SHAREDlWP\PROJECTS\Fire Station #5\CDPA\DO,doc Meeting Minutes Planning and Development BoyntDn Beach, Florida January 23, 2007 Chair Wische read the request and reminded the applicant that all prior conditions of approval applied. Smtt Freeland, 10855 Canyon Bay Lane agreed to all the conditions of approval. Kathleen Zeitler reviewed the request and explained financing caused the delay. Staff recommended approval of the request subject to all prior conditions of approva, a traffic analysis and notice of concurrency approval be provided prior to the issuance of a building permit. Chair Wische opened the floor to public hearing. No one coming forward, Chair Wische closed the public hearing. Motion Mr. Casaine moved the request for the one (1) year site plan time extension for site plan and conditional use approval granted on October 18, 2005, from October 18, 2006 to October 18, 2007 be approved with all staff conditions. Mr. Cwynar seconded the motion that unanimously passed. C. Fire Station #5 rnmmunilv Desian Plan ADDeaI Description: Fire Station #5 (COPA 07-0(1) David Stump, Project Manager, Engineering Division City of Boynton Beach Quantum Park lots 81 and 82; east side of High Ridge Road, south of Gateway Boulevard Request for Community Design Plan appeal approval to allow overhead bay doors to face High Ridge Road. 1. Project: Agent: Owners: Location: Chair Wische read the item and announced the request would allow the overhead bay doors to face High Ridge Road. David StLmp, Sr. Project Manager for the City of Boynton Beach, explained the operating doors would directly face High Ridge Road. In the process, they developed an hourglass concrete outlet onto High Ridge Road to minimize the view with the doors being open. He explained the main issue was that during emergency situations, timing was of the essence. It was practically impossible to utilize a side entry garage with the size of the vehicles. They added extensive landscaping in the area. Ed Breese, Principal Planner, announced staff recommended approval of the request based, in part, with the response time. With the addition of the hourglass driveway, additional landscaping, and construction of pilasters between the doors, the fac;ade was 8 Meeting Minutes Planning and Development Boyntnn Beach, Florida January 23, 2007 no longer one solid fa~ade. He advised there had been other design appeal approvals in the general area for the same thing and staff had no objections to the request. Chair Wische opened the floor for public hearing. No one coming forward, Chair Wische closed the public hearing. Motion Ms. Jaskiewicz moved to approve the request for community design plan appeal approval to allow overhead bay doors to face High Ridge Road. Mr. Casaine seconded the motion that unanimously passed. Fire Station #5 Community Desion Plan ADDeaI 2. Project: Agent: Owners: Location: Description: Fire Station #5 (NWSP 07-002) David Stump, Project Manager, Engineering Division City of Boynton Beach Quantum Park lots 81 and 82; east side of High Ridge Road, south of Gateway Boulevard Request new site plan approval to construct a two- story 42,739 square foot fire rescue station to also include Fire Administrative offices, ITS, the Emergency Operation Center (EOe) and related site plan improvements on a 4.47-acre site zoned Planned Industrial Development (PID). Chair Wische read the request for new site plan approval and asked the applicant if they agreed with the conditions of approval. Mr. Stump agreed with all the conditions of approval. Mr. Breese reviewed the request and displayed an aerial photo of the site. He reviewed the north part of the property was City owned and was Phase II, which would come before the board in the future. The facility would also serve as the Emergency Operations Center and ITS department. The project was designed with lots of landscaping to mask the doors. Staff recommended approval of the request subject to all 26 conditions of approval. Chair Wische opened the floor to public hearing. No one coming forward, Chair Wische closed the public hearing. Mr. Cwynar asked if this was a duplication of the fire station on Woolbright Road. Mr. Stump responded this was a completely different center. Mr. Cwynar asked how much additional cost was involved with the hourglass driveway. Mr. Stump explained the concrete work was less costly. 9 VIII.-PUBLIC HEARING ITEM E. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORNI Requested City Commission Date Final Fonn Must be Turned Meeting Dates in to City Clerk's Office 0 December 5, 2006 November 20, 2006 (Noon.) ~ 0 January 2, 2007 December 18, 2006 (Noon) 0 0 January 16, 2007 January 2, 2007 (Noon) 0 0 February 6, 2007 January 16,2007 (Noon) 0 Requested City Commission Meeting Dates Date Final Fonn Must be Turned in to City Clerk's Office February 13,2007 February 5, 2007 (Noon) March 6, 2007 February 20, 2007 (Noon) March 20, 2007 March 5, 2007 (Noon) Announcements/Presentations Administrative Consent Agenda Code Compliance & Legal Settlements Public Hearing C- :P>> % City Manager's Rep~ .r::- tJ March 19,2007 cft)oonn ~ -.J ~-< -<0 (j -., ,"-OJ i'no .-;:i-< :c: :z: :-i (/)0 c:) :z: '11 ."CO -r'1 CJ')> rrig -'- .r::- April 3, 2007 NATURE OF AGENDA ITEM o o o o ~ o o o o o New Business -0 Legal Z Unfinished Business fS) RECOMMENDATION: Please place this request on the February 13, 2007 City Commission Agenda under Public Hearing. The Planning and Development Board on January 23,2007, recommended that the subject request be approved. For further details pertaining to the request, see attached Department Memorandum No. 07-002. EXPLANATION: PROJECT: AGENT: OWNERS: LOCATION: DESCRIPTION: Fire Station #5 (NWSP 07-002) David Stump, Project Manager, Engineering Division City of Boynton Beach Quantum Park lots 81 and 82, east side of High Ridge Road, south of Gateway Boulevard Request new site plan approval to construct a two-story, 42,739 square foot fire rescue station to also include Fire Administrative offices, ITS, the Emergency Operation Center (OC) and related site improvements on a 4.47-acre site zoned Planned Industrial Development (PID). PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: ~ City Manager's Signature Assistant to City Manager ~ l.. tJ ~1:: Planning and Zo g irector City Attorney / Finance S :\Planning\SHARED\ WP\PROJECTS\Fire Station #5\Agenda Item Request Fire Station #5 NWSP 07 -002 2-13-07 .doc S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 07-002 STAFF REPORT TO: Chair and Members Planning and Development Board and City Commission Michael Rump~V Planning and Zoning Director Ed Breese ~ Principal Planner THRU: FROM: DATE: January 4, 2007 PROJECT NAME/NO: Fire Station #5/ NWSP 07 - 002 REQUEST: New Site Plan PROJECT DESCRIPTION Property Owner: City of Boynton Beach Applicant: David Stump Agent: David Stump Location: East side of High Ridge Road, south of Gateway Boulevard (see Exhibit "A" - Location Map) Existing Land Use/Zoning: Industrial (I) / Planned Industrial Development (PID) Proposed Land Use/Zoning: No change proposed Proposed Use: Request site plan approval for a two-story 42,739 square foot fire station and administration building Acreage: 194,863 square feet (4.47 acres) Adjacent Uses: North: Vacant City owned land proposed as Phase II of the project, farther north is right- of-way for Gateway Boulevard; South: Developed property (CarMax) with an Industrial (I) land use designation, zoned Planned Industrial Development (PID); East: Right-of-way for the CSX Railroad and Interstate 95; and West: Right-of-way for High Ridge Road, farther west is the partially developed Quantum EXHIBIT "C" Conditions of Approval Project name: Fire Station #5 File number: NWSP 07-002 Reference: 2nd Review plans identified as a New Site Plan with a December 12,2006 Planning & Zoning date stamp marking. I DEP ARTMENTS I INCLUDE I REJECT I PUBLIC WORKS- Solid Waste Comments: 1. Provide a minimum outside turning radius of 55 feet to allow turning movements for Solid Waste (and Fire/Rescue.) Using AutoTurn (or similar), show on the plans that the required turning movements are provided. Particular attention should be given to the entryways/gates, and the associated callboxes, etc., allow ingress and egress for Solid Waste and Fire/Rescue. PUBLIC WORKS - Forestry & Grounds Comments: 2. At time of permitting, submit plans that completely loop the irrigation 2 Yz- inch mainline around the perimeter of the property. PUBLIC WORKS- Traffic Comments: 3. Permits will be required from the Quantum Park POA for work within the X High Ridge Road right-of-way. UTILITIES Comments: 4. Please provide a time line that clearly illustrates when water and sewer X services will be required to serve the proposed project. Your starting date for the time line should be the date of City Commission approval. Also provide milestone dates for permit application, the start of construction, and the setting of the first water meter. This time line will be used to determine the adequacy of water and wastewater treatment capacity for your project upon the project's completion, so please be as accurate as possible. 5. Palrn Beach County Health Department permits will be required for the water and sewer systems serving this project (CODE, Section 26-12). 6. A building permit for this project shall not be issued until this Department X X X X Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT 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. 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. At time of permitting provide written concurrence that Quantum Park will X permit a tie-in of the on-site drainage to the Quantum Park master drainage system. 11. 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. 12. 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: 13. Please note that changes or revisions to these plans may generate additional X comments. Acceptance of these plans during the TART (Technical DEP ARTMENTS Advisory Review Team) process does not ensure that additional comments may not be generated by the commission and at permit review. INCLUDE 14. Buildings, structures and parts thereof shall be designed to withstand the X rninimum 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. 15. 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. 16. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 17. 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. 18. 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 If the project is a multi-family project, the building number/s must be provided. The building numbers must be the same as noted on the Commission-approved site plans. C The number of dwelling units in each building. D The number of bedrooms in each dwelling unit. E The total amount paid and itemized into how much is for water and how much is for sewer. (CBBCO, Chapter 26, Article II, Sections 26-34) 19. 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. 20. Pursuant to approval by the City Commission and all other outside X agencies, 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. 21. The full address of the project shall be submitted with the construction X documents at the time of permit application submittal. The addressing plan shall be approved by the United States Post Office, the City of Boynton Beach Fire Department, the City's GIS Division, and the Palm Beach County Emergency 911. A Palm Beach County Planning, Zoning & Building Division, 100 Australian REJECT Conditions of Approval 4 I DEPARTMENTS I INCLUDE I REJECT I Avenue, West Palm Beach, Florida (Sean McDonald - 561-233-5013) B United States Post Office, Boynton Beach (Michelle Bullard - 561-734-0872) PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENT ALIST Comments: 22. Plant Schedule List Sheet L-501 X All shade and palm trees must be listed in the description as a minimum of 12'-14' height, 3" 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' to meet the 3" diameter requirement; or any grey wood (GW.) specifications. [Environmental Regulations, Chapter 7.5, Article II, Sec, 5,C.2.] PLANNING AND ZONING Comments: ainder of the site listed as "Future Development" will be required to X submit full plans for Board and Commission approval. 24. Site plan approval shall be contingent upon Commission approval of the X CDP A. 25. It is the applicant's responsibility to ensure that the new site plan is publicly X advertised in accordance with Ordinance 04-007. 26. The applicant is responsible for compliance with Ordinance 05-060, the X "Art in Public Places" Program and must demonstrate their participation. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. S :\Planning\SHARED\ WP\PROJECTS\Fire Station #5\COA,doc S;\Planning\Planning Templates\Condition of Approval 2 page -P&D ORA 2003 form.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Fire Station #5 APPLICANT'S AGENT: David Stump - Engineering Division of the City of Boynton Beach APPLICANT'S ADDRESS: 100 E. Boynton Beach Blvd. Boynton Beach, FL 33425 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: February 13, 2007 TYPE OF RELIEF SOUGHT: Request for New Site Plan Approval for a Fire Station on a 4.47-acre parcel in the Quantum Park PID. LOCATION OF PROPERTY: East side of High Ridge Road, South of Gateway Blvd.; Quantum Park Lot 81 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\Fire Station #5\DO.doc Meeting Minutes Planning and Development Bovntnn Beach, Florida January 23, 2007 no longer one solid fa~ade. He advised there had been other design appeal approvals in the general area for the same thing and staff had no objections to the request. Chair Wische opened the floor for public hearing. No one coming forward, Chair Wische closed the public hearing. Motion Ms. Jaskiewicz moved to approve the request for community design plan appeal approval to allow overhead bay doors to face High Ridge Road. Mr. Casaine seconded the motion that unanimously passed. Fire Station #5 Conmunitv Desi9n Plan ADDeaI 2. Project: Agent: Owners: Location: Description: Fire Station #5 (NWSP 07-002) David Stump, Project Manager, Engineering Division City of Boynton Beach Quantum Park lots 81 and 82; east side of High Ridge Road, south of Gateway Boulevard Request new site plan approval to construct a two- story 42,739 square foot fire rescue station to also include Fire Administrative offices, ITS, the Emergency Operation Center (EOC) and related site plan improvements on a 4.47-acre site zoned Planned Industrial Development (PID). Chair Wische read the request for new site plan approval and asked the applicant if they agreed with the conditions of approval. Mr. Stump agreed with all the conditions of approval. Mr. Breese reviewed the request and displayed an aerial photo of the site. He reviewed the north part of the property was City owned and was Phase II, which would come before the board in the future. The facility would also serve as the Emergency Operations Center and ITS department. The project was designed with lots of landscaping to mask the doors. Staff recommended approval of the request subject to all 26 conditions of approval. Chair Wische opened the floor to public hearing. No one coming forward, Chair Wische closed the public hearing. Mr. Cwynar asked if this was a duplication of the fire station on Woolbright Road. Mr. Stump responded this was a completely different center. Mr. Cwynar asked how much additional cost was involved with the hourglass driveway. Mr. Stump explained the concrete work was less costly. 9 Meeting Minutes Planning and Development BoyntDI1 Beach, Florida January 23, 2007 Anderson SIoclIm, architect for the project, explained the building was a five bay station. With all the concrete, the building was harsh. They softened the entrance up and addressed comments from Quantum Park about exposure of the apparatus directly from the street. The design was actually cheaper, and was designed as a category five hurricane building. Ms. Jaskiewicz commented the hourglass driveway criteria could meet some of the art criteria. Motion Mr. Cwynar moved the request for new site plan approval to construct a two-story 42,739 square foot fire rescue station to also include Fire Administrative offices, ITS, the Emergency Operation Center (EOC) and related site plan improvements on a 4.47-acre site zoned Planned Industrial Development (PID) be approved subject to all staff comments. Ms. Jaskiewicz seconded the motion that unanimously passed. D. CitnJs Park MasIeI" Plan Modification 1. Project: Agents: Owner: Location: Description: CitnJs Park (MPMD 07-0(1) Marilyn Bonora, Prime Management Group Wendy and Ross Cooper Prime Management Group Citrus Park PUD; south of Miner Road and east side of Lawrence Road. Request for a master plan modification to reduce the minimum side yard setback for swimming pools from twelve (12) feet to four (4) feet and the minimum side yard setback for screen-roofed screen enclosures from twelve (12) feet to three (3) feet on the non-zero side of certain lots. Chair Wische read the request for swimming pools and noted there were three staff comments associated with the item. Mr. Cooper, Agent for the project responded they were in agreement with all comments. Mr. Breese reviewed in 2005 there was a request for a very specific floor plan and this item mirrored that request. He explained the Homeowners Association asked staff to identify other lots in the development for the same potential. Staff recommended the same criteria apply to all the other typical type lots in the development short of those on curvatures with the larger back yards and larger sides that can meet the current day regulations of the PUD. Staff recommended approval of the request. Chair Wische opened the floor to public hearing. No one coming forward Chair Wische closed the public hearing. 10 Staff Report - Fire Station #5 (NWSP 07-002) Memorandum No PZ 07-002 Page 2 Project size: Park And Village South Mixed Use project with an Industrial (1) land use designation, zoned Planned Industrial Development (PID); The project consists of a two-story, 42,739 square foot building and site improvements on 4.47 acres Site Characteristic: The subject parcel is comprised of a somewhat trapezoidal-shaped piece of land approximately 814 feet long and approximately 561 feet deep at its widest dimension and 450 feet deep at the narrowest dimension. The parcel is vacant and situated between the northern edge of CarMax and the southern edge of the Gateway Boulevard overpass of Interstate 95, and between the right-of-way for High Ridge Road on the west and the CSX Railroad right-of-way on the east. The survey shows that the highest elevation is 35.5 feet above sea level, located near the northwest corner of the site. Proposal: Concurrency: Traffic: Drainage: School: Driveways: Parking Facility: BACKGROUND The City proposes to construct a two story, 42,739 square foot fire rescue station to better serve the northeast section of the City and all of the new development in and around Quantum Park. The project also consists of the Fire Administrative offices, ITS, as well as the Emergency Operations Center (EOC) for the City. The fire rescue and administration building is Phase I of a two (2) phase project. Phase II is proposed for the northern half of the site and has not been designed at this time. Phase II will be presented to the Board and Commission for review and approval once plans have been prepared. ANALYSIS A traffic impact statement for this project was submitted to and reviewed by the Palm Beach County Traffic Division. Palm Beach County determined that the project will generate 50 AM and 53 PM new peak hour trips and that the project meets the Traffic Performance Standards of Palm Beach County. Conceptual drainage information was provided for the City's review. The Engineering Division has found the conceptual information for the subject property to be adequate and is recommending that the review of specific drainage solutions be deferred until time of permit review (see Exhibit "C" - Conditions of Approval). This project is exempt from the school concurrency requirements of Palm Beach County. The subject property fronts on High Ridge Road. Proposed on-site circulation consists of a driveway entrance/exit for the general public and employees at the north end of the Phase I site and a separate entrance/exit for fire rescue vehicles along the south end of the site. Parking required for this type of facility is based on one (1) parking space per Staff Report - Fire Station #5 (NWSP 07-002) Memorandum No PZ 07-002 Page 3 bunkroom (17) and one (1) parking space per 300 square feet of office space (27,473), for a total of 109 parking spaces. The plan as designed accommodates 109 parking spaces, including 5 handicap spaces. The parking lot is designed to accommodate the large fire apparatus, as well as waste removal vehicles and fuel tankers. Additionally, the layout has been designed to seamlessly transition into the northern half of the property (Phase II) in the future, for ease of pedestrian and vehicular movement. Landscaping: The proposed pervious or "green" area of the lot would be 87,120 square feet or 44.74% of the total site. The landscape plan tabular data (Sheet L-501) indicates that 69 trees (88% native), 45 palms (100% native), and 4,225 shrubs (59% native) are being provided. Typical trees being utilized in the planting scheme include Gumbo Limbo, Live Oak, Orange Geiger and Yellow Elder, with Sabal, Royal and Medjool Date palms. Shrub materials selected for the site include Indian Hawthorne, Cocoplum, Viburnum and Bougainvillea. With the overhead bay doors oriented towards High Ridge Road, part of the mitigation considered in the Community Design Plan Appeal (CDPA 07-001) involves the placement of landscaping to minimize the view of the doors. The landscape plan depicts the use of Live Oak trees, Royal Palms, Sabal Palms, and shrubs such as Indian Hawthorne, Cocoplum and Firebush to help obscure the doors while enhancing the overall design of the building. Additional landscaping is provided through the established Quantum Park streetscape on High Ridge Road, which includes another layer of Live Oak trees to help soften the view of any overhead doors. Lastly, the rear of the parcel, abutting the CSX Railroad and Interstate 95, is a perimeter buffer of the Quantum Park DRI, which is proposed to be planted with the City approved landscape material, consisting of Medjool Date palms, Ixora, Hibiscus and Bougainvillea. Building and Site: Building and site regulations will be fully met when staff comments are incorporated into the permit drawings. The proposed two-story fire rescue building would have varying roof heights, with the highest of the peaked roofs at 49 feet in height (Fire Training Tower). The maximum allowed height in the PU zoning district is 45 feet, with an allowance for parapets up to five (5) feet above that point. Since the 49-foot tower falls within the 50-foot limitation (45' + 5'), a height exception is not required. The floor plan (Sheets A-121 & A-122) shows the first floor as lobby, living quarters, multi-purpose room and apparatus bays, with the second floor housing the administrative offices, ITS, Command Center and Emergency Operations Center (EOC). Sheets A-201 & A-202 provide an illustration of the building facades, with concrete tilt walls, texcote 70 finish and reveals, decorative trims and mouldings, metal trellises, frames and grills, all combining to provide a modern design theme to the structure. Design: The elevation drawings (Sheets A-201 & A-202) show that the building would be designed as a very attractive fire station with the fa<;ade improvements discussed above, and in keeping with a number of buildings approved within Quantum Park. The body of the building would be painted a cream color (SW Paints - "Inviting Ivory" SW 6372). The first accent body color is proposed to be a golden color (SW Paints - "Folksy Gold" SW 6360). The second accent body color is proposed to be Staff Report - Fire Station #5 (NWSP 07-002) Memorandum No PZ 07-002 Page 4 painted a reddish-brown color (SW Paints - "Caribbean Coral" SW 2854). The trim / banding areas are all proposed to be painted white (SW Paints - "Pure White" SW 7005). The metal trellises, frames and grills will have a brushed aluminum finish. Signage: The signage, according to Sheet A-SOl, will be a monument sign constructed into the flagpole monuments in the elliptical plaza at the entrance into the public parking lot. The monument is proposed to be approximately six (6) feet tall by nine (9) feet in width, with 5-inch tall raised stainless steel lettering against a black granite tile background. The lettering on the building is proposed to be 10-inch tall raised letters with a flat black finish, denoting the building as "Boynton Beach Fire Rescue Station No.5 & EOC". Public Art: The applicant is required to demonstrate compliance with the newly adopted requirement to provide public artwork (see Exhibit "C" - Conditions of Approval). As such, the applicant has been in discussion with the Public Art Administrator since the early inception of this project and several on-site options are being weighed. Ultimate review and approval of the artist and type of artwork will be conducted by the Arts Commission. RECOMMENDATION: The Technical Advisory Review Tart (TART) has reviewed this request for new site plan approval. Staff recommends approval, contingent upon all comments indicated in Exhibit "C" - Conditions of Approval and contingent upon the approval of the Community Design Plan Appeal (CDPA 07-001) associated with this project. Staff recommends that the deficiencies identified in this exhibit be corrected on the set of plans submitted for building permit. 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VIII.-PUBLIC HEARING ITEM F.. r CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORtn Requested City Commission Date Final Form Must be Turned Meeting Dates in to Citv Clerk's Office 0 December 5, 2006 November 20,2006 (Noon.) ~ 0 January 2, 2007 December 18,2006 (Noon) 0 0 January 16,2007 January 2,2007 (Noon) 0 0 February 6, 2007 January 16,2007 (Noon) 0 Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office February 13,2007 February 5, 2007 (Noon) March 6, 2007 February 20, 2007 (Noon) a March 5, 2007 (Noon) -.J C- P March 19, 2007 (Noon~ .c- March 20, 2007 April 3, 2007 NATURE OF AGENDA ITEM o Announcements/Presentations o Administrative o Consent Agenda o Code Compliance & Legal Settlements ~ Public Hearing -0 City Manager's Report ::!I: N New Business o o o o o Legal .c- Unfinished Business r RECOMMENDATION: Please place this request on the February 13,2007 City Commission Agenda under Public Hearing. The Planning and Development Board on January 23,2007, recommended that the subject request be approved. For further details pertaining to the request, see attached Department Memorandum No. 06-222. EXPLANATION: PROJECT: AGENT: Citrus Park (MPMD 07-001) Marilyn Bonora, Prime Management Group Wendy and Ross Cooper Prime Management Group Citrus Park PUD; south of Miner Road and east side of Lawrence Road. Request for a master plan modification to reduce the minimum side yard setback for swimming pools from twelve (12) feet to four (4) feet and the minimum side yard setback for screen-roofed screen enclosures from twelve (12) feet to three (3) feet, on the on-zero side of certain lots. OWNERS: LOCATION: DESCRIPTION: PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: N/A N/A N/A ~ ~ City Manager's Signature Assistant to City Manager ~ r ~(j~~ Planning and Zoni g irector City Attorney / Finance S:\Planning\SHARED\WP\PROJECTS\Citrus Park\MPMD 07-001 More Pool Setbacks\Agenda Item Request Citrus Park MPMD 07-001 2-13-07.doc S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC CJ CJ~ ~-< -<0 ("')." IOJ lTio 2-< ............"... vi::; o 0..... -." .... .,C:O -fTl CJl> I"TlCJ = DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 06-222 STAFF REPORT FROM: Chair and Members Planning and Developf'9,ent Board and City Commission '-\~\....(/ ~ Michael W. Rumpf Director of Planning and Zoning Ed Breese ~ Principal Planner TO: THRU: DATE: December 19, 2006 PROJECT NAME/NO: REQUEST: Citrus Park MPMD 07-001 Master Plan modification to the Citrus Park PUD to reduce the side yard setback for construction of pools from twelve (12) feet to four (4) feet and the side yard setback for construction of screen roof screen enclosures from twelve (12) feet to three (3) feet. PROJECT DESCRIPTION Property Owners: Prime Management Group Location: Citrus Park PUD Existing Land Use/Zoning: Low Density Residential (LDR)/ Planned Unit Development (PUD) Proposed Land Use/Zoning: No changes proposed Proposed Use: Pool & Screen Roof Sreen Enclosure Installation / Setback Amendment Acreage: 28.82 Acres (entire PUD Master Plan) Adjacent Uses: North: Citrus Glen PUD, classified Low Density Residential (LDR) and zoned PUD; South: Citrus Cove Elementary School to the southwest and Greenwood Village to the southeast, classified unincorporated Palm Beach County Commercial, with an underlying HR-8 and zoned Single-family Residential (RS); East: Greenwood Village, classified unincorporated Palm Beach County Commercial, with an underlying HR-8 and zoned Single-family Residential (RS); - West: Right-of-way for Lawrence Road, then Nautica PUD, classified LDR and zoned PUD. Staff Report Memorandum No PZ 06-222 /' .... Page 2 BACKGROUND Prime Management Group, management company for the Home Owners Association of Citrus Park PUD, is requesting that the Master Plan for Citrus Park PUD be modified to reduce the side yard setback for construction of pools from twelve (12) feet to four (4) feet and the side yard setback for construction of screen roof screen enclosures from twelve (12) feet to three (3) feet for certain lots. The subject plat is a single-family detached zero lot line residential development, comprised of 113 lots on 28.82 acres. The PUD is located on the east side of Lawrence Road, south of Miner Road (see Exhibit "A" - Location Map). All 113 lots are developed. The Master Plan indicates that the typical/at is dimensioned 55 feet in width by 100 feet in depth, or 5,500 square feet in area. It should be noted that the PUD contains several lots (mostly corner lots) that are slightly larger and more pie-shaped, All lots front on an internal road network providing ingress and egress to Citrus Park Boulevard, which connects to Lawrence Road. The Master Plan tabular data indicates the required building setbacks are as follows: 20 feet front yard, 15 feet and zero (0) side yard, 20 feet side corner, and 15 feet rear yard. The minimum setback for screen roof screen enclosures are as follows: 20 feet front yard, 15 feet and zero (0) side yard, 20 feet side corner, and ten (10) feet rear yard. In April of 2005, a Master Plan Modification was approved for 33 lots within this PUD. The lots all had the same model type of house plan and received permission for the same pool and screen enclosure setbacks now being requested for the remainder of the "typical" lots within the PUD. r Chapter 2.5, Planned Unit Development, of the City Land Development Regulations states that changes in planned unit developments shall be processed through the Planning and Development Board and the City Commission. ANALYSIS The purpose and intent of setbacks is to create separation between units, primarily for safety and maintenance purposes, and secondly for light and air flow. This is accomplished by allowing buildings and ancillary structures to be setback a certain distance from the property lines. The Master Plan, as modified in 2005, indicates a minimum four (4) foot setback requirement for pools and three (3) foot setback for screen roof screen enclosures on the non-zero (interior) lot line side of the lots. However, as noted above, this modification affected only 33 of the tota/l13 lots, since the request was for lots with units containing particular f100rplan designs. Those particular units had a notch in the rear building facade that would accommodate a kidney or L -shape style pool with the adjusted setback. The HOA is now requesting to amend the Master Plan to allow the same regulations to apply to the other "typical" lots in the PUD. Since some of the other lots have unit types with varying building depth, other owners may be able to take advantage of amended setbacks to construct pools. This request would still exclude Lots 10-12, 17-21, 31- 34, 57-59 and 65-67. These particular lots are located on cul-de-sacs or lots on the curvature of the roadway, and have much larger side and/or rear setbacks to accommodate pools and screen enclosures. Corner lots would also be excluded from this request and would retain the current setback regulations. During the 2005 Master Plan Modification, the ~ setback for pools and screen enclosures were r inadvertantly amended, making pool and screen setbacks more restrictive. Staff recommends the rear setbacks for pools and screen roof screen enclosures revert back to the previous Master Plan regulation of an eight (8) foot rear setback for pools and six (6) foot rear setback for screen roof screen enclosures, from 11 feet and 10 feet, respectively. This would proVide greater opportunity for construction of these amenities, and is in line with the pool regulations for typical subdivisions throughout the City. In no - - - - - -- - -- Staff Report Memorandum No PZ 06-222 Page 3 Instance, whether side or rear yard, would a pool or screen structure be permitted to be constructed in any easement or landscape buffer (see "Exhibit D" - Conditions of Approval). This request was reviewed for consistency with the PUD development standards in the Land Development Regulations, Chapter 2.5, Planned Unit Developments. Also, staff reviewed the subject request by focusing on the subject PUD and comparing it with similar planned residential developments that exist throughout the city. The review found the request to be consistant with the previous amendment to the Citrus Park PUD (2005) and with the requests being made by other HOA's throughout the City. Staff also believes that the primary objective, safety, is still maintained with this request. The secondary objective of light and air flow may be reduced to some degree, but at the choosing of the residents. RECOMMENDA nON It is staff's opinion that this request would neither be injurious to the area nor detrimental to the public welfare, and rewards more residents within the PUD with the same flexibility provided in the earlier Master Plan Modification. Therefore, staff recommends approval of this Master Plan amendment, subject to the conditions listed in Exhibit "D" - Conditions of Approval. Additional comments recommended by the Board or approved by the Commission would also be included in the Conditions of Approval. S:\Planning\SHARED\WP\PROJECTS\Citrus Park\MPMD 07-001 pool\Staff Report.doc '+Wo!, ~~ ~~,' .. 1 in. = 276.9 feet Citrus Park EXHIBIT A ~ t' ~ ~ '( ~ ~ ~ ~ I I ~ \ ~ i~ .~~ ~ Q i .. '" c .. III w to ~ to (I) III' J .~ 0 q, , >.. z z ~ CO EXHIBIT "B" Iii ..!.. '.~i~i. .. ;. ;;'i.~ ~~;. :::~ I ;.... . . i H L"'~i;idH I i .~~ 9 ; ~:m ~"~~.' ~ n ~:5 u I ih" m I t: , ;J ~ ~ ,1 relit '! d !III ~ I!Ii J,I:i!lS! Is ;1 II 11 II if!! II 1 C!. i I I I I r. f ~ t ~ .. fJ . If. r .f .. i I~ J; I!. _~ ~ I!f.. I!S ;i It ~. .~ !i !:. -.., . ~ .(n:.~I..Or;"J.J:~.1 . /...." --\ --, --11----: --, ~~~- __, , : '> : \ ,- i : i :: : i .; i . II ~' f II ! "' . ~- '. -- r __.J __..J I--..J ' I. 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I !!!!!!! i ,I I '2 I . 9 ..I I'k I II :1 I UIII i z llmm . i ~ I!!!!!!! 10-, I rl k: IUlliI 1111I11I II f ~ : Q - J -., ~ --- \ ""'- EXHIBIT "e" A ~i'RIME ~GEMENTGROUP AI2RRS7SSMcFClClWMY September 19, 2006 Mr. Ed Breese, Principal Planner Planning and Zoning Division City of Boynton Beach 100 E. Boynton Beach Blvd. PO Box 310 Boynton Beach, FL 33425 RE: Setback Reduction Boynton Estates Homeowners Association Dear Mr. Breese: We the Homeowners Association of Boynton Estates hereby request to amend pool setback restrictions from 12ft. to 4 ft. within the planned development for all lots within the communities excluding lots: 10-12 17-21 31- 34 57-59 65-67 This is for the purpose of building swimming pools, as was previously approved for 32 lots in 2005. Sincerely, 9tlariiyn ft. {}Jcmora f~-l ~--~--;--~->_. -.---- I "r\ r 1 1':' " ,,~ i 1',1 I L 1_)::._ r II' k rr)1 / r--- .-. ----. n " , '---'1 " I' '\ (, /' i I 0 I 'i :! i;1 I' !' ....'" or') ,., j !! ' " 1 . ' ~-'~} ~.~ ' ), , Marilyn A. Bonora, LCAM On behalf of the Board of Directors EXHIBIT "D" Conditions of Approval Project name: Citrus Park File number: MPMD 07-001 Reference: DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- Solid Waste Comments: None X PUBLIC WORKS - Forestry & Grounds 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 Conditions of Approval 2 \ DEP ARTMENTS I INCLUDE I REJECT I PLANNING AND ZONING Comments: 1. Lots 10-12, 17-21,31-34,57-59 and 65-67 are excluded as well as corner X lots, which would retain the same 20-foot setback for pools and 18 for screen roof screen enclosures. 2. The rear setback for pools shall be revised to revert back to an eight (8) foot X rear setback for pools and six (6) foot rear setback for screen roof screen enclosures. 3. No pool or screen structure shall be permitted to be constructed in any X easement or landscape buffer. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: I 1. To be determined. I \ I S:\Planning\SHARED\WP\PROJECTS\Citrus Park\MPMD 07.001 More Pool Setbacks\COA.doc S:\Planning\Planning Templates\Condition of Approval 2 page .P&D ORA 2003 form.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Citrus Park APPLICANT'S AGENT: Ross and Wendy Cooper APPLICANT'S ADDRESS: 75 Citrus Park Lane Boynton Beach, FL 33436 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: February 13, 2007 TYPE OF RELIEF SOUGHT: Request for Master Plan Modification approval for Citrus Park PUD to reduce the side yard setback for construction of pools from twelve (12) feet to four (4) feet and the side yard setback for construction of screen roofed enclosures from twelve (12) feet to three (3) feet for certain lots. LOCATION OF PROPERTY: Citrus Park PUD 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\SHAREDlWP\PROJECTS\Citrus Park\MPMD 07-001 More Pool Setbacks\DO.doc Meeting Minutes Planning and DeveIopmeI1t Boynton Beach, Florida January 23, 2007 AndersOn SIoaJm, architect for the project, explained the building was a five bay station. With all the concrete, the building was harsh. They softened the entrance up and addressed comments from Quantum Park about exposure of the apparatus directly from the street. The design was actually cheaper, and was designed as a category five hurricane building. Ms. Jaskiewicz commented the hourglass driveway criteria could meet some of the art criteria. Motion Mr. Cwynar moved the request for new site plan approval to construct a two-story 42,739 square foot fire rescue station to also include Fire Administrative offices, ITS, the Emergency Operation Center (EOC) and related site plan improvements on a 4.47-acre site zoned Planned Industrial Development (PID) be approved subject to all staff comments. Ms. Jaskiewicz seconded the motion that unanimously passed. D. CitruS Park Mastel: Plan Modification 1. Project: Agents: Owner: Location: Description: CitruS Park (MPMD 07-0(1) Marilyn Bonora, Prime Management Group Wendy and Ross Cooper Prime Management Group Citrus Park PUD; south of Miner Road and east side of Lawrence Road. Request for a master plan modification to reduce the minimum side yard setback for swimming pools from twelve (12) feet to four (4) feet and the minimum side yard setback for screen-roofed screen enclosures from twelve (12) feet to three (3) feet on the non-zero side of certain lots. Chair Wische read the request for swimming pools and noted there were three staff comments associated with the item. Mr. Cooper, Agent for the project responded they were in agreement with all comments. Mr. Breese reviewed in 2005 there was a request for a very specific floor plan and this item mirrored that request. He explained the Homeowners Association asked staff to identify other lots in the development for the same potential. Staff recommended the same criteria apply to all the other typical type lots in the development short of those on curvatures with the larger back yards and larger sides that can meet the current day regulations of the PUD. Staff recommended approval of the request. Chair Wische opened the floor to public hearing. No one coming forward Chair Wische closed the public hearing. 10 Meeting Minutes Planning and Development Boyntnn Bead1, Florida January 23, 2007 Mr. Saberson took issue with blanket, or de facto, approvals occurring within PUDs. The earlier applicants with the single-family home who applied for a variance had rigid variance criteria applied against them. Here it was a HOA, and not individual property owners, asking for a blanket variance. The criteria applied to the Single-family variance did not apply to this at all. Mr. Saberson spoke about other homes abutting the PUD. Mr. Breese explained property owners were noticed up to 400 feet, outside and inside the development. In this particular instance these were side setbacks being applied against units inside the development, not rear setbacks affecting outside property owners. Mr. Breese clarified this was a master plan modification only for side yards, for all the lots except for those on corners and those with pie shaped lots. This request was granted for 33 of the lots in 2005. The board further discussed the difference between this request and a variance, was this development was a PUD and the HOA endorsed the change. The Jenkins request with the single-family property affected other property owners. Mr. Saberson thought at some point, the board should review these modifications. Ms. Jaskiewicz commented the request seemed extreme. Mr. Breese explained the Code required three feet from the screen room from a wall of an adjacent unit and four feet from a pool. The Code did not require access on all four sides of a pool, therefore the screened room could be brought right up to the decking and coping of the pool. This request applied to the non-zero lot line side. Mr. Blehar asked if Mr. Cooper could produce 113 signatures from within the community. Mr. Cooper explained the Homeowners Association signed off on the request. Mr. Blehar noted the request might not have been unanimous. Chair Wische clarified it was the majority or whatever percentage was specified in the bylaws that counted with the Homeowner Associations. Mr. Blehar understood, but commented homeowners purchasing homes under certain conditions might be disappointed. Motion Mr. Casaine moved the request for a master plan modification to reduce the minimum side yard setback for swimming pools from twelve (12) feet to four (4) feet and the minimum side yard setback for screen-roofed screen enclosures from twelve (12) feet to three (3) feet on the non-zero side of certain lots be approved with all staff conditions. Mr. Cwynar seconded the motion that passed 5-2 (Ms. Jaskiewicz and Mr. B/ehar dissenting). E. Polio Campero New Site Plan 1. Project: Polio Campero (NWSP 07-ooJ) 11 VIII.-PUBLIC HEARING ITEM G. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Meeting Dates Date Final Form Must be Turned in to City Clerk's Office Requested City Commission Meeting Dates Date Final Form Must be Turned in to City Clerk's Office 0 December 5, 2006 0 January 2, 2007 0 January 16,2007 0 February 6, 2007 November 20, 2006 (Noon.) ~ February 13,2007 December 18,2006 (Noon) 0 March 6, 2007 January 2, 2007 (Noon) 0 March 20, 2007 January 16,2007 (Noon) 0 April 3, 2007 February 5, 2007 (Noon) March 19,2007 (Noon) -0 :x fS1 ("') CJ-l ~-< -<0 C~)~ (-~ l.,J:J 1",,'1 C' :.0 _<. ';:;t::Z (t; --i o :::JZ ~co -r<1 CJJ;> r"'1c:; :::: c:::> February 20, 2007 (Noon) --.l <- ;po March 5, 2007 (Noon) % N ,l:"" NATURE OF AGENDA ITEM 0 Announcements/Presentations 0 0 Administrative 0 0 Consent Agenda 0 0 Code Compliance & Legal Settlements 0 ~ Public Hearing 0 City Manager's Report New Business (....) Legal Unfinished Business RECOMMENDATION: Please place this request on the February 13,2007 City Commission Agenda under Public Hearing. The Planning and Development Board on January 23,2007, recommended that the subject request be approved. For further details pertaining to the request, see attached Department Memorandum No. 07-003. EXPLANATION: PROJECT: AGENT: OWNERS: LOCATION: DESCRIPTION: PoIlo Campero (NWSP 07-003) Oscar Tazoe, Kimley-Horn & Associates, Inc. 1950 Congress Avenue, LLC Boynton Town Center, east side of Congress A venue, approximately 820 feet north of 01d Boynton Road. Request for new site plan approval to construct a 3,289 square foot drive-through restaurant and related site improvements on out lot #4 of the approved Boynton Town Center proj ect. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: N/A N/A N/A ~ v City Manager's Signature Assistant to City Manager ~ Develop 1L-c) ~~ Planning and Zom g DIrector City Attorney / Finance S:\Planning\SHARED\WP\PROJECTS\Boynton Village-Boynton Town Center I \Out Parcels\Pol1o Campero\Agenda Item Request Pol1o Campero NWSP 07 -003 2-13-07.doc S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 07-003 STAFF REPORT TO: FROM: Chair and Members of the Planning and Development Board and City Commission '~0~' Michael Rumpf ~\J,I Planning and Zoning Director Ed Breese ~ Principal Pla;n'e; ) THRU: DATE: January 8, 2007 PROJECT NAME/NO: Polio Campero / NWSP 07-003 REQUEST: New Site Plan PROJECT DESCRIPTION Property Owner: 1950 Congress Avenue, LLC Applicant: Polio Campero Agent: Oscar Tazoe of Kimley-Horn & Associates Location: East side of Congress Avenue approximately 820 feet north of Old Boynton Road (see Exhibit "AIf - 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 3,289 square foot drive-through restaurant and related site improvements on Outlot #4 of the approved Boynton Town Center project. Acreage: 38,207 square feet (0.877-acres) Adjacent Uses: North: Undeveloped parcel of Boynton Village with a Mixed Use - Suburban (MX-S) land use designation, zoned Suburban Mixed Use (SMU); South: Undeveloped outlot #3 of Boynton Town Center (approved for Red Lobster) with a Local Retail Commercial (LRC) land use designation, zoned Planned Commercial Development (PCD); East: Undeveloped parcel (proposed Linens-n-Things site) with a Local Retail Commercial (LRC) land use designation, zoned Community Commercial (C-3); and Staff Report - Polio Campero (NWSP 07-003) Memorandum No PZ 07-003 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 site plan, the subject site is currently vacant, and approximately 200 feet deep and 170 feet wide. The subject parcel is one of the outlots associated with The Boynton Town Center (Outlot #4). It is the fourth parcel along Congress Avenue north of Old Boynton Road, fronting the proposed Target and Linens-n-Things buildings. Proposal: Concurrency: Traffic: Utilities: BACKGROUND Oscar Tazoe of Kimley-Horn and Associates, representing 1950 Congress Avenue, LLC, is requesting site plan approval for the construction of a 3,289 square foot drive-through restaurant on the 0.877-acre parcel. Outlot #4 is the northernmost of the four (4) parcels fronting on Congress Avenue with Community Commercial (C-3) zoning as part of the approximately 25-acre site located at the northeast 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 each of the outlots, the in-depth detail for Outlot #4 was to be provided through the submittal of a subsequent site plan application, as was done for Red Lobster, Smokey Bones and RBC Centura Bank before it. 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 ofthe 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 City's water capacity, as increased through the purchase of up to 5 million gallons of potable water per day from Palm Beach County Utilities, would meet the projected potable water for this project. Local piping and infrastructure Staff Report - Polio Campero (NWSP 07-003) Memorandum No PZ 07-003 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 "e" - Conditions of Approval). School: School concurrency is not required for this type of project. Driveways: The site plan (Sheet C5) shows that three (3) points of ingress/egress are proposed for the restaurant outlot. One driveway opening would occur at the northwest corner of the parcel, which serves as a cross-access drive with the retail buildings on the south side of the Boynton Village mainstreet. The second point of ingress/egress proposed at the southeast corner of the property would connect with the major north/south access drive located to the east of all of the outlots. A third point of ingress/egress is proposed at the southwest corner of the parcel, and serves as a cross-access drive with Outlot #3 to the south. 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 C5) proposes a 3,289 square foot restaurant, which would require 17 parking spaces. The plan depicts 41 parking spaces, including two (2) designated for handicap use. Therefore, there would be twenty-four (24) 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 9.5 feet in width and 18.5 feet 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 9,060 square feet or 33.64% of the total outlot. The master plan for the entire Boynton Town Center was approved with a 25 foot landscape buffer along the west (Congress Avenue) side of the project and included Live Oak and Mahogany trees, Royal Palm trees, Cocoplum and Plumbago shrubs, among others. This 25 foot landscape buffer is the master developer's responsibility for installation and maintenance, along with Staff Report - Polio Campero (NWSP 07-003) Memorandum No PZ 07-003 Page 4 various other site improvements, such as sidewalks and roadways. As such, no Certificate of Occupancy (CO.) will be issued for Polio Campero without the installation and final inspection of these common improvements (see Exhibit "C"- Conditions of Approval). The other three (3) buffers are also scheduled to be part of the master planting for the site and include Live Oak, Mahogany, Pink Trumpet and Ligustrum trees, along with Viburnum, Cocoplum and Silver Buttonwood shrubs. According to the landscape plan (LA-i), the applicant proposes to landscape around the parking areas and building utilizing Live Oak and Tibouchina trees, Coconut, Carpenteria and Christmas palms, and Cocoplum, Ixora, Podocarpus and Jasmine 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 Village & Town Center were submitted and approved as part of the overall master plan. Polio Campero is designed as a one (i)-story structure, with a taller entry/lobby area. The elevations (Sheets A-3 & A-4) indicate the top of the parapet roof at 20 feet- 3 inches in height, with a height of 32 feet - 8 inches to the top of the tower feature at the entry/lobby, well below the maximum of 45 feet allowed in the C-3 zoning district. Staff worked with the applicant and his architect to incorporate design features that would tie the other outlots to the mainstreet portion of the Boynton Village project immediately to the north, since this building is the transition between the two. As a result, the Polio Campero building has a tower feature on the corner (indicative of both the outlots and mainstreet), parapet molding treatment and similar window design as the mainstreet buildings, as well as typical awnings and brick veneer wainscoting prevalent on mainstreet buildings. The drive- through window is located on the north wall of the building. The mainstreet building immediately to the north is proposed to be placed slightly more forward on the property than the drive-through window, and along with the 25-foot landscape buffer to the west, will assist in the screening of this operation from Congress Avenue. Design: As noted above, architectural style, building materials and colors for all buildings proposed within Boynton Village & 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 of the tower feature is proposed as concrete Spanish s-tiles and would reflect a terra-cotta color. As discussed earlier, the building windows would be designed to correlate with those of the mainstreet buildings. According to the elevations and materials board, the main body color of the restaurant building would be a soft yellow: "Lemon Drop" (SW 7122). The trim/accent color is proposed as a white: "Extra White" (SW 7006). The building entry facades would be painted a terra cotta color: "Emotional" (SW 6621). The brick veneer at the base of the building would be red: "Red Classic Belour fl. Finally, the awnings would be a terra cotta color to match other building elements. Staff Report - Pallo Campero (NWSP 07-003) Memorandum No PZ 07-003 Page 5 Signage: The master developer has developed a Sign Program for the entire development. The review of all signage for this project will be based upon the regulations contained within that document. The elevation pages (Sheets A- 3 & A-4) show the proposed location of the wall signs on the building (south and west elevations, near the building entrances and on the east elevation facing the Target parking lot). The signs would have golden-yellow lettering and the sign on the south elevation would also have the Polio Campero logo. The logo, as proposed (33%), exceeds the 20% allowance of both the City's Sign Code and the Sign Program adopted for the center. Staff recommends that the logo be reduced in size to be in compliance at the time of permit submittal (see Exhibit "C" - Conditions of Approval). 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 signage and maximize cohesiveness within the project. 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 site signage for the total project. In this particular case, Polio Campero would share the monument sign space with the tenant of Outlot #3 to the south (Red Lobster). All site signage, as noted earlier, will be subject to the Sign Program for the entire center. Public Art: The applicant is required to demonstrate compliance with the newly adopted requirement to provide public artwork (see Exhibit "C" - Conditions of Approval). As with other recent approvals within Boynton Village & Town Center, the Master Developer and the applicant have been receptive to staff's suggestion that the arts fee associated with the smaller parcels be pooled to create a more elaborate display in a more visible location within the project, such as one of the roundabouts planned along Mainstreet. The Master Developer has been in discussion with the Public Art Administrator and the proposed artist, and various options are under consideration. The Arts Commission will conduct the ultimate review and approval of the artist and type of artwork. 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 approved by the City Commission shall be documented accordingly in the Conditions of Approval. S:\Planning\Shared\Wp\Projects\Boynton Village\Out Parcels\Pollo Campero\NWSP 07-003\Staff Report.doc OrowlnQ no~: H:\0471~07-Bo'l"tOl'1 VIIk1fl1\.7148ll07\CADO'\,.."OOIS 1l0lNTCtO VILlAGE lDO O"TA\SUElMTl )l06A-f"LN SH~ '" f"D~- 'IIl.ffl MOO a..4-poLlo C"'II1PERO\W.#l NCJ-COV.d-.; Cl Jon 17. 2007 1:011pm by: _or.tOlOO EXHI~IT B. -_......~.._........,. ---I".'" _._...._ -..--.... ...~--_........- ....-... -...." - _. ........ .~.-- "'i'li ~!W~~ !!!1I!; llllil ~~a!~8~'''' !~I~;!4s !~~~i~ I- '~ !'Chi'! ch~ I ' -i!Z n~e~ ~~Ee~ I fi'~ i: !~hA! qlB ,~ ~ t-< ! ~~u I I I; Ci3 ~ i!~" I =1 - ;i ~ . ~ N f. i ~-< '-3 ~~N . ~ i ~ ~ ~ C) ~ ~ , i '>J . ; -I~ CJ 6 ~ ~ ~ C) I I ~ ~ CJ tJ 'II'!II ~!~Ng~1 ~!gml ~Hliii -- . ...~~"~ !!i~U~ !~ 1=- g:~.. 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Pd"l"':>;T()N 9f ACI-- ':-la~IO" LANDSCAPE PLAN POllO COMPERO (C.3) ~~~~, ~:~l"l:' :...... ~=~ =Ctes;Inc'~~:==::=.:::=~=~_ H.... lA,f~ G ~. ......~'-l0lN IIOlt ...~:wu..1[~, NI'. ><tc~~ .~'..~~ry~:~~~r.:r~~l::::::~~ :~~ ~~Z~ f=~~~ I;~YSON!. 12,.ll1-OII.'oru :lr.......\.-:'Ili,nrn U,I,II .1lY EXHIBIT B Ii I; ~ ill'" ~i! .'!l i:: ~ ~! , ~ ~ - t~ , ;?li "~ E ~ .. ~~~~- j Uoo: ~ J;; '" -'- dooti j ~ ~ ~ e i eH ~ i ~ ~ ~ 88~ ~ .:. -: ~ a ~. i< ';!::~~ i ~~ t: ~ . il ~~ ~I ~, ~, t ~ ~ f,~' t . ~ ~ I I I ~ i ., --- -------, , , , , , , , , J' :~i ~~ ~~~ "I !l~. ~ l!U, m'l m'llilj E! !~~ >I I'I'!~ I'I'!~ I'I'!~ 1'1'!1ll !~ !I liI~ I~~ u~; U~I n~1 U~I ~~~ S~r ~a i:iil ~~~ ~~~ ~~~ ~l;\~ "ll~ ~~ ;i! l;\el ~~ I~d I~il I~il I~il ~;~ ~!i! i!l! ri~~ Ii =i ./dl' .~. .~. .~. ~~5 ~ii: 8i~ ;j"";' ll.'l'\ N:.,~ jj-''l ~~i . iii ~i ~ i "'!:~.!: ~!:~.&. ~~~J, ~~il" ~ >- t::i 'i ~i ~ 51 . ~ ~ ~. 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EXHIBIT "e" Conditions of Approval Project name: Pollo Campero File number: NWSP 07-003 Reference: 2nd review plans identified as a New Site Plan with a December 19, 2006 Planning & Zoning date k stamp mar mg. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- Solid Waste Comments: None X PUBLIC WORKS - Forestry & Grounds Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: 1. Palm Beach County Health Department permit revisions may be required X for the 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. 2. The CODE, Section 26-34(E) requires that a capacity reservation fee be X paid for this project either upon the request for the Department's signature on the Health Department application forms or within seven (7) days of site plan approval, whichever occurs first. This fee will be determined based upon final meter size, or expected demand. 3. 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. 4. 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. FIRE Comments: None X Conditions of Approval 2 I DEPARTMENTS I INCLUDE I REJECT I POLICE Comments: None X ENGINEERING DIVISION Comments: 5. All comments requiring changes and/or corrections to the plans shall be X reflected on all appropriate sheets. 6. Please note that changes or revisions to these plans may generate additional X comments. Acceptance of these plans during the Technical Advisory Review Team (TART) process does not ensure that additional comments may not be generated by the Commission and at permit review. 7. Full drainage plans, including drainage calculations, in accordance with the X LDR, Chapter 6, Article IV, Section 5 will be required at the time of permitting. 8. 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: 9. 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. 10. Buildings, structures and parts thereof shall be designed to withstand the X minimum wind loads of l40 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 l609 (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. 11. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 12. 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. DEPARTMENTS INCLUDE REJECT 13. 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) 14. 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. 15. 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. 16. The full address of the project shall be submitted with the construction X documents at the time of permit application submittal. The United States Post Office, the City of Boynton Beach Fire Department, the City's GIS Division, and the Palm Beach County Emergency 911 shall approve the addressing plan. A. Palm Beach County Planning, Zoning & Building Division, lOO Australian Avenue, West Palm Beach, Florida (Sean McDonald - 56l-233-5013) B. United States Post Office, Boynton Beach (Michelle Bullard - 561-734- 0872) 17. The building plans shall be reviewed and approved by the Department of X Business and Professional Regulation, Division of Hotels and Restaurants prior to being submitted to the City of Boynton Beach Building division for permit. PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENT ALIST Comments: Plant List Sheet LA-I 18. All shade and palm trees must be listed in the description as a minimum of X l2'-14' height, 3" DBH (4.5' off the ground). The height of the trees may be larger than 12' -14' to meet the 3" diameter requirement; or any gray wood (gw) specifications. [Environmental Regulations, Chapter 7.5, Article II Sec. 5.C. 2.] , , , Conditions of Approval 4 DEPARTMENTS INCLUDE REJECT PLANNING AND ZONING Comments: 19. It is the applicant's responsibility to ensure that the new site plan is publicly X advertised in accordance with Ordinance 04-007. 20. The applicant is responsible for compliance with Ordinance 05-060, the X "Art in Public Places" program and must demonstrate their participation. Staff recommends that the fee for this and all other outlots be combined and the Master Developer create a more elaborate display in a more visible location within the project, such as one of the roundabouts. 21. The size of the logo relative to the adjoining lettering on the sign may not X exceed 20% of the sign. At the time of submission of permit plans, reduce the size of the logo to comply. 22. 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. 23. Construction of this project may only proceed with the initiation of any X necessary road improvements triggered by the number of external PM peak hour trips noted in the Boynton Village & Town Center development order and CRALLS approval. 24. No C.O. (Certificate of Occupancy) will be issued for this particular parcel X until all required Master Plan landscaping has been installed, inspected and finaled, as well as all depicted sidewalks and roads. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. S:\Planning\SHARED\WP\PROJECTS\Boynton Village.Boynton Town Center I\Out Parcels\Pol1o Campero\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Polio Campero APPLICANT'S AGENT: Oscar Tazoe, Kimley-Horn and Associates, Inc. APPLICANT'S ADDRESS: 4431 Embarcadero Drive West Palm Beach, FL 34407 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: February 13, 2007 TYPE OF RELIEF SOUGHT: Request for New Site Plan approval to construct a 3,289 square foot drive-through restaurant and related site improvements on Outlot #4 of the approved Boynton Town Center project. LOCATION OF PROPERTY: East side of Congress Avenue approximately 820 feet north of Old Boynton Road. DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X TH IS 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\Boynton Village.Boynton Town Center 1\Out Parcels\Pollo Campero\DO.doc Meeting Minutes Planning and DeveJopment BoyntDn Beach, Florida January 23, 2007 Mr. Saberson took issue with blanket, or de facto, approvals occurring within PUDs. The earlier applicants with the single-family home who applied for a variance had rigid variance criteria applied against them. Here it was a HOA, and not individual property owners, asking for a blanket variance. The criteria applied to the single-family variance did not apply to this at all. Mr. Saberson spoke about other homes abutting the PUD. Mr. Breese explained property owners were noticed up to 400 feet, outside and inside the development. In this particular instance these were side setbacks being applied against units inside the development, not rear setbacks affecting outside property owners. Mr. Breese clarified this was a master plan modification only for side yards, for all the lots except for those on corners and those with pie shaped lots. This request was granted for 33 of the lots in 2005. The board further discussed the difference between this request and a variance, was this development was a PUD and the HOA endorsed the change. The Jenkins request with the single-family property affected other property owners. Mr. Saberson thought at some point, the board should review these modifications. Ms. Jaskiewicz commented the request seemed extreme. Mr. Breese explained the Code required three feet from the screen room from a wall of an adjacent unit and four feet from a pool. The Code did not require access on all four sides of a pool, therefore the screened room could be brought right up to the decking and coping of the pool. This request applied to the non-zero lot line side. Mr. Blehar asked if Mr. Cooper could produce 113 signatures from within the community. Mr. Cooper explained the Homeowners Association signed off on the request. Mr. Blehar noted the request might not have been unanimous. Chair Wische clarified it was the majority or whatever percentage was specified in the bylaws that counted with the Homeowner Associations. Mr. Blehar understood, but commented homeowners purchasing homes under certain conditions might be disappointed. Motioo Mr. Casaine moved the request for a master plan modification to reduce the minimum side yard setback for swimming pools from twelve (12) feet to four (4) feet and the minimum side yard setback for screen-roofed screen enclosures from twelve (12) feet to three (3) feet on the non-zero side of certain lots be approved with all staff conditions. Mr. Cwynar seconded the motion that passed 5-2 (Ms. Jaskiewicz and Mr. B/ehar dissenting). E. Polio Campero Neuv Site Plan 1. Project: Polio Campero (NWSP 07-0(3) 11 Meeting Minutes Planning and Development BoynIDn Beach, Florida January 23, 2007 Agent: Owner: Location: Description: Oscar Tazoe, Kimley-Horn & Associates, Inc. 1950 Congress Avenue LLC Boynton Town Center; east side of Congress Avenue, approximately 820 feet north of Old Boynton Road. Request for new site plan approval to construct a 3,289 square foot drive-through restaurant and related site improvements on out lot #4 of the approved Boynton Town Center project. Chair Wische read the request into the record. Oscar Tazoe, 4148 Lake Tahoe Circle, West Palm Beach and the agent for the project, agreed with all 24 staff comments. Mr. Breese reviewed the project, which was located immediately north of the Red Lobster Restaurant. The property was out lot four, of the Target shopping center, which was part of the Boynton Town Center. The site had three points of ingress and egress and staff worked with the applicants on the elevations. This was the last building between the out parcel and main street portions. They tried to match and make the transition in building elevations between the two sections. Staff complimented the applicants on their diligence in the project and recommended approval subject to all conditions of approval. Mr. Enrique Kaufer, 3640 Yacht Club Drive, Aventura, explained they had about 250 restaurants worldwide. This was the first restaurant in Florida and there were another 25 establishments within the United States. The quality would be equal or better than the Guatemala City location. It was noted both Mr. Casaine and Ms. Jaskiewicz were familiar with the restaurant and they both appreciated the color renderings of the project and were happy to see the tower. Motion Mr. Casaine moved approval of the request for new site plan approval to construct a 3,289 square foot drive-through restaurant and related site improvements on out lot four of the approved Boynton Town Center project with all staff conditions. Ms. Grecvic seconded the motion that unanimously passed. F. Banks in Quantum Par1c: Use Aooroval 1. Project: Agent: Owner: Location: ^>,''''f;!;oit~~~~_~'i'j''''~'_''''_''''''''''J'~'''''''''''''_'''''''''''''.'. Banks in Quantum Par1c: (USA) 07-001) Jared Weiner, PEBB Enterprises OPH Boynton Realty, L.c. Quantum Park 12 VIII.-PUBLIC HEARING ITEM H. '~U\..,.~~c:"" ,,' c ,J- .. :yv;c~~"VV CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORiVl Requested City Commission Date Final Form Must be Turned Requested City Commission Meeting Dates in to City Clerk's Office Meeting Dates 0 December 5, 2006 November 20, 2006 (Noon.) ~ February 13,2007 0 January 2, 2007 December 18, 2006 (Noon) 0 March 6, 2007 0 January] 6, 2007 January 2,2007 (Noon) 0 March 20, 2007 0 February 6, 2007 January ]6,2007 (Noon) 0 April 3, 2007 Date Final Form Must be Turned in to Citv Clerk' 5 Office February 5, 2007 (Noon) February 20, 2007 (No~ '- March 5, 2007 (Noon) ~ - N March] 9,2007 (Noon) .t:"" -0 ::.:J:: N .. NATURE OF AGENDA ITEM o o o o ~ Legal Unfinished Business o o o o o AnnouncementslPresentations Administrative Consent Agenda Code Compliance & Legal Settlements Public Hearing City Manager's Report New Business RECOMMENDATION: Please place this request on the February 13, 2007 City Commission Agenda under Public Hearing. The Planning and Development Board on January 23, 2007, recommended that the subject request be approved. For further details pertaining to this request, see attached Department Memorandum No. 06-221. EXPLANATION: PROJECT: AGENT: OWNERS: LOCATION: DESCRIPTION: Banks in Quantum Park (USAP 07-001) Jared Weiner, PEBB Enterprises OPH Boynton Realty, L.c. Quantum Park Request to amend the list of approved uses for the Quantum Park Planned Industrial Development (PID) to include banks. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: N/A N/A N/A ~m" Assistant to City Manager ~ 1r-: V -tr _ /-' Planning and Z;fuing Director City Attorney / Finance S:\Planning\SHARED\ WP\PROJECTS\Original Pancake House\USAP 07-00] \Agenda Item Request Quantum Park Lot ] USAP 07-00] 2.] 3-07 .doc S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC w n ()~ ~-< -<'0 f-) '"tl i'- CD ,";'iO ~D-< ~--'c:.Z 'f;~ " C '.:) ~- ~,;;; ::2rn ()J> rn" :t: DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 06-221 STAFF REPORT TO: Chair and Members Planning and Development Board and City Commission THRU: Michael Rumpf Director of Planning & Zoning FROM: Gabriel Wuebben Planner DATE: December 29, 2006 PROJECT NAME/NO: OPH Bank / (USAP 07-001) REQUEST: Use Approval - Bank PROJECT DESCRIPTION Property Owner/ Applicant: OPH Boynton Realty, L.c. Agent: Jared Weiner, OPH Boynton Realty, L.c. Location: 1485 Gateway Blvd. (see Exhibit "A" - Location Map) Existing Land Use/Zoning: Industrial (I) / Planned Industrial District (PID) Proposed Land Use/Zoning: No change proposed PID Use Options: Lot 1 - Office, Industrial, & Commercial (OIe) Proposed Use: Request for use approval to allow a bank as an approved use in the Quantum Park PID. Acreage: 1. 15-acres (50,285 sq. ft.) Adjacent Uses: North: Vacant industrial property (Lot 2) zoned PID with a use designation of Office, Industrial, and hotel (OIH); South: Right-of-way for Gateway Boulevard, then farther south vacant property currently under construction as part of the Renaissance Commons development zoned SMU; East: Lake Worth Drainage District Canal E-4, then farther east Olin Office Building zoned PID; and Staff Report OPH Bank (USAP 07-001) Memorandum No PZ-06-221 Page 2 West: Hampton Inn and Suites zoned PID, then farther west water management tract. BACKGROUND Jared Weiner, the owner of the property, has submitted an application for use approval in the Quantum Park Planned Industrial Development (PID) (see attached location map - Exhibit "A"). The proposed change to the list of permitted uses is being requested only to apply to Lot #1 and be worded as follows: . Bank (Lot 1 only) The approval of a list of permitted uses is required for all Planned Industrial Developments. The original Quantum Park PID Master Plan has been established incrementally and lacks the above-referenced use. In approving a particular use, the Planning and Development Board must make findings that the proposed use will not be in conflict with the performance standards listed in Section 4.N. of the zoning regulations, and that the uses proposed are consistent with the intent and purposes of the Planned Industrial Development District. ANALYSIS The applicant is required to address the Performance Standards listed in Chapter 2, Section 4. N of the Land Development Regulations as they relate to the proposed list of permitted uses. The purpose of the Performance Standards are to ensure that uses will not be a nuisance or hazard to persons, animals, vegetation or property located on adjacent or nearby properties or right-of-way; or to interfere with the reasonable use or enjoyment of adjacent or nearby property by reason of noise, vibration, smoke, dust, or other particulate matter; toxic or noxious matter; odor, glare, heat or humidity; radiation, electromagnetic interference, fire or explosive hazard, liquid waste discharge, or solid waste accumulation. The applicant has been asked to provide a description of their request relative to the performance standards within Chapter 2, Section 4.N of the Land Development Regulations to evaluate the impact and appropriateness of this use within the PID district. These responses are listed as follows: 1. Noise: No use shall be carried out on the property so as to create sound which is in violation of Section 15-8 of the City Ordinances. The applicant certifies that the above requested use shall be conducted entirely within the building and shall not produce sound in violation of Section 15-8. 2. Vibrations: No use shall be carried out on the property so as to create inherently and recurrently generated ground vibrations, which are perceptible without instruments at any point at or beyond the property line. The applicant certifies that the above requested use shall not create ground vibrations, which would be perceptible beyond the property lines of the subject lot. 3. Smoke, dust, dirt, or other particulate matter: No use shall be carried out on the property so as to allow the emission of smoke, dust, dirt, or other particulate matter, which may cause damage to property or vegetation, discomfort or harm to persons or animals, or prevent the reasonable use and enjoyment of property and rights-of-way beyond the property line. Furthermore, no use will be carried out on the property so as to allow the emission of any substances in violation of any federal, state, county, or city law or permit governing the emission of such substances. The applicant certifies that the proposed use does not produce smoke, dust, dirt, or other particulate matter and shall comply with all federal, state, county or city laws or permits pertaining to same. Staff Report OPH Bank (USAP 07-001) Memorandum No PZ-06-221 Page 3 4. Odors and fumes: No use shall be carried out on the property so as to allow the emission of objectionable or offensive odors or fumes in such concentration as to be readily perceptible at any point at or beyond the boundary of the property. The applicant certifies that the proposed use does not produce any objectionable or offensive odors or fumes. 5. Toxic or noxious matter: No use shall be carried out on the property so as to allow the emission of toxic or noxious matter in such concentration as to cause damage to property, vegetation, discomfort, or harm to persons or animals, or otherwise prevent the reasonable use and enjoyment of property or rights-of-way at or beyond the proposed property boundary; or to contaminate any public waters or any groundwater. The applicant certifies that the proposed use will not produce toxic or noxious matter so as to cause damage to property or vegetation, discomfort or harm to persons or animals, or prevent the reasonable use and enjoyment of property or rights-of-way, at or beyond the property line of the property on which the use is located; or to contaminate any public waters or any groundwater. 6. Fire and Explosion: No use shall be carried out on the property so as to create a fire or explosion hazard to adjacent or nearby property or rights-of-way or any persons or property thereon. Furthermore, the storage, use, or production of flammable or explosive materials shall be in conformance with the provision in Chapter 9 of the City of Boynton Beach Code or Ordinances. The proposed use does not create a fire or explosive hazard. There will be no storage of flammable or explosive materials unless in conformance with Chapter 9. 7. Heat, Humidity or Glare: No use shall be carried out on the property so as produce heat, humidity or glare readily perceptible at any point at or beyond the property line of the property on which the use is located. Artificial lighting, which is used to illuminate any property or use, shall be directed away from any residential use, which is a conforming use according to these regulations, so as not to create a nuisance to such residential uses. The proposed use does not produce heat, humidity or glare. Additional lighting is being proposed for the buildings, particularly near walk-up automated teller machines. However, the site complies with the City approved site plan, which required that lighting be directed away from any residential use. 8. Liquid Waste: No use shall be carried out on the property so as to dispose of liquid waste of any type, quantity, or manner, which is not in conformance with the provisions of Chapter 26 or the City of Boynton Beach Code or Ordinances, or any applicable federal, state, or county laws or permits. Any applicable provisions of Chapter 26 of the City of Boynton Beach Code of Ordinances, or any applicable federal, state, or county laws or permits shall be complied with. 9. Solid Waste: No use shall be carried out on the property so as to allow the accumulation or disposal of solid waste which is not in conformance with Chapter 10 of the City Ordinances, or which would cause solid waste to be transferred in any manner to adjacent or nearby property or rights-of- way. The proposed use shall be in compliance with Chapter 10 of the City of Boynton Beach Code of Ordinances and shall utilize the solid waste receptacles as depicted on the approved site plan. 10. Electromagnetic Interference: No use shall be carried out on the property so as to create electromagnetic radiation, which causes abnormal degradation of performance of any electromagnetic receptor of quality and proper design as defined, by the principles and standards adopted by the Institute of Electrical and Electronics Engineers, or the Electronic Industries Association. Furthermore, no use shall be carried out on the property so as to cause Staff Report OPH Bank (USAP 07-001) Memorandum No PZ-06-221 Page 4 electromagnetic radiation, which does not comply with the Federal Communications Commission Regulations, or which causes objectionable electromagnetic interference with normal radio or television reception in any zoning district. The proposed use shall not create electromagnetic radiation. 11. Hazardous Materials and Hazardous Waste: The operator of any use on the property that uses, handles, stores, or displays hazardous materials or that handles hazardous waste, as defined in 40 Code of Federal Regulations, Part 261 shall be required to obtain a permit in accordance with Section 11.3, Environmental Review Permits of the City Ordinances. The proposed use does not use, handle, store or display hazardous, or generate hazardous waste. The above-referenced testimony by the applicant certifies that the proposed uses would not violate any of the performance standards listed in Chapter 2, Section 4.N ofthe Land Development Regulations. The approved site plan shows that the principal building was approved as a restaurant (Original Pancake House) with a total of 4,710 square feet. The parking methodology was based upon the following: · 4,710 square feet of restaurant area at a rate of one (1) space per 200 square feet The approved site plan showed that the required 63 parking spaces (including 3 handicapped) were provided based upon the number of seats and the number of employees at peak hours. As previously mentioned, the subject property currently contains an Office - Industrial - Commercial (OlC) land use option. This request for use approval, in part, is to allow for a bank under the "Office" land use option on Lot 1 in the Quantum Park PlO. Staff opinion has not wavered from the original position that the "office" land use originated in anticipation of developing industrial uses with accessory offices. However, since "office" uses are already permitted as principal uses within this land use option (the parking and traffic as the performance related factor), then the subject request would be consistent with the intent and purpose of the Quantum Park PlO. Over the last few years, the city has witnessed an infusion of residential uses within the PID. This request exemplifies the demand for resident and business supportive services such as banking. It is more efficient to process use approval applications "categorically" rather than as "lot specific" in order to avoid repeated applications for similar uses. However, given the prevalence of "OlC" categorized parcels throughout the Quantum PlO, and the incompatibility of banking locations on all such parcels, staff recommends that the use be permitted on a case by case basis. The majority of "OIC" parcels is located both on smaller collector streets within the Quantum Park development and near strictly industrial properties, and thus cater themselves more to their intended purpose as supportive office space. This particular lot lends itself to a banking purpose primarily due to its location on a major thoroughfare (Gateway Blvd.) and its proximity to a major commercial center at Congress Avenue. RECOMMENDATION It is the determination of staff that the requested "bank" use would be consistent with the intent and purpose of the Office - Industrial - Commercial (0lC) land use options on Lot 1 in the Quantum Park PlO. Therefore, staff recommends approval. Comments recommended by the Board or Commission would be included in Exhibit "C" - Conditions of Approval. S:\Planning\SHARED\WP\PROJECTS\Original Pancake House\USAP 07-001 \OPH Bank USAP Staff Report.doc Exhibit "A" - OPH Bank Location Map GATEWAY SMU Suburban Mixed Use 330 I 165 o 330 660 990 1,320 I Feet :--: \\'+~-"",' .1' .~- ,. , \ " jd 1'1111 I tit e t I ! II ; J I I ; J II II II I ~ !!il II! 1IIIIIh!l!ll i i i HI 11I'1 i ~ i; ~ !l!i! i ! ill n n ~ ..1 I .. .. .. .. i g '~II z, T 'I' ,'., t ' II 1_ ..... ~ 1 " , @ ~ J II I~i. I! 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I I If' ~ ~~ ~ ~ t::: C c:: >- -< ::: ~ -< c EXHIBIT "e" Conditions of Approval Project name: Quantum Park DRI Lot 1 File number: USAP 07-001 Reference: Quantum Park DRI Use List Revision Request for a Bank (Lot 1) I DEPARTMENTS I INCLUDE I REJECT I 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: None X Conditions of Approval 2 DEP ARTMENTS INCLUDE REJECT ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 2. To be determined. S:\Planning\SHARED\WP\PROJECTS\Original Pancake House\USAP 07-001\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Banks in Quantum Park Lot 1 APPLICANT'S AGENT: Jared Weiner, OPH Boynton Realty, L.C. APPLICANT'S ADDRESS: 6400 N. Andrews Avenue, Suite 500 Ft. Lauderdale, FL 33309 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: February 13, 2007 TYPE OF RELIEF SOUGHT: Request use Approval for a Bank on Lot 1 in the Quantum Park PID LOCATION OF PROPERTY: Lot 1, Quantum Park PID, 1485 Gateway Blvd. 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\Original Pancake House\USAP 07-001\00 USAP 07-001 (OPH Bank).doc Meeting Minutes Planning and Development BoyntDn Beach, Florida January 23, 2007 Agent: Owner: Location: Description: Oscar Tazoe, Kimley-Horn & Associates, Inc. 1950 Congress Avenue LLC Boynton Town Center; east side of Congress Avenue, approximately 820 feet north of Old Boynton Road. Request for new site plan approval to construct a 3,289 square foot drive-through restaurant and related site improvements on out lot #4 of the approved Boynton Town Center project. Chair Wische read the request into the record. Oscar Tazoe, 4148 Lake Tahoe Circle, West Palm Beach and the agent for the project, agreed with all 24 staff comments. Mr. Breese reviewed the project, which was located immediately north of the Red Lobster Restaurant. The property was out lot four, of the Target shopping center, which was part of the Boynton Town Center. The site had three points of ingress and egress and staff worked with the applicants on the elevations. This was the last building between the out parcel and main street portions. They tried to match and make the transition in building elevations between the two sections. Staff complimented the applicants on their diligence in the project and recommended approval subject to all conditions of approval. Mr. Enrique Kaufer, 3640 Yacht Club Drive, Aventura, explained they had about 250 restaurants worldwide. This was the first restaurant in Florida and there were another 25 establishments within the United States. The quality would be equal or better than the Guatemala City location. It was noted both Mr. Casaine and Ms. Jaskiewicz were familiar with the restaurant and they both appreciated the color renderings of the project and were happy to see the tower. Motion Mr. Casaine moved approval of the request for new site plan approval to construct a 3,289 square foot drive-through restaurant and related site improvements on out lot four of the approved Boynton Town Center project with all staff conditions. Ms. Grecvic seconded the motion that unanimously passed. F. Banks in Quantum Park Use ADDrovaI 1. Project: Agent: Owner: Location: Banks in Quantum Park (USA) 07-001) Jared Weiner, PEBB Enterprises OPH Boynton Realty, L.c. Quantum Park 12 Meeting Minutes Planning and Development Boyntnn Bead1, Florida January 23, 2007 Description: Request to amend the list of approved uses for the Quantum Park Planed Industrial Development (PID) to include banks. Chair Wische read the request to amend the list of approved uses. Mr. Jared Weiner, 7000 Island Boulevard #2208 Aventura and Agent for the project was present. Mr. Weubben, Planner, advised staff reviewed the project and compared it against criteria listed in Section 4.N of the Zoning Regulations and found no conflicts. Accordingly, staff recommended approval. Chair Wische opened the floor to public comments. No one coming forward, Chair Wische closed the public hearing. Ms. Jaskiewicz asked about the pancake house. The applicants did not know where they would go, but commented they would be retrofitting the existing building. Mr. Blehar inquired about the north/south property line and parking. Mr. Weiner explained there was a cross access easement agreement for parking with the property owners to the west of the building. Motion Ms. Jaskiewicz moved the request to amend the list of approved uses for the Quantum Park Planned Industrial Development (PID) to include banks be approved. Mr. Casaine seconded the motion that unanimously passed. Quantum Park Lot 1 Malar Site Plan Modification 2. Project: Agent: Owner: Location: Description: Quantum Park Lot 1 - OPH Bank (MSPM 07-001) Jared Weiner, PEBB Enterprises OPH Boynton Realty, L.c. Quantum Park Lot 1; north side of Gateway Boulevard, east of Congress Avenue. (Original Pancake House). Request for major site plan modification to convert the existing 4,710 square foot restaurant to a S,267 square foot bank on a 1.1S-acre parcel zoned Planned Industrial Development (PID) Chair Wische read the request and asked the applicants if they were in agreement with all 23 staff comments. 13 VIII.-PUBLIC LEARING ITEM I. I!'~"r'" . . .. t. " ,tr:,\," "'cc ,'1, 0\. ) -'," ' J-;:;"'"", ./'~ ~.( ~.' '_'... . _' ~./; " \i ~ -, 0 ~--<\:> x~ CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Meeting Dates in to Citv Clerk's Office Meeting Dates D December 5, 2006 November 20, 2006 (Noon.) [ZJ February 13,2007 D January 2, 2007 December 18,2006 (Noon) D March 6, 2007 D January 16, 2007 January 2, 2007 (Noon) D March 20, 2007 D February 6, 2007 January 16, 2007 (Noon) D April 3, 2007 Date Final Form Must be Turned in to City Clerk's Office February 5, 2007 (Noonb -J <- February 20, 2007 (NoOJ1P" % N March 5, 2007 (Noon) .t:'" -0 March 19,2007 (Noon) 3 fSi D Announcements/Presentations D City Manager's Report W NATURE OF D Administrative D New Business AGENDA ITEM D Consent Agenda D Legal D Code Compliance & Legal Settlements D Unfinished Business [ZJ Public Hearing D RECOMMENDATION: Please place this request on the February 13, 2007 City Commission Agenda under Public Hearing. The Planning and Development Board on January 23,2007, recommended that the subject request be approved. For further details pertaining to this request, see attached Department Memorandum No. 06-220. EXPLANATION: PROJECT: AGENT: OWNERS: LOCATION: Quantum Park Lot 1-0PH Bank (MSPM 07-001) Jared Weiner, PEBB Enterprises OPH Boynton Realty, L.c. Quantum Park Lot I; north side of Gateway Boulevard, east of Congress A venue. (Original Pancake House) Request for major site plan modification to convert the existing 4,710 square foot restaurant to a 5,257 square foot bank on a I. I 5-acre parcel zoned Planned Industrial Development (PID). DESCRIPTION: PROGRAM IMP ACT: FISCAL IMPACT: ALTERNATIVES: N/A N/A N/A ~be Assistant to City Manager CJn!f./ Develo ~~~1ru;;dm S:\Planning\SHARED\WP\PROJECTS\Original Pancake House\MSPM 07.001 001 2-13-07.doc S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC City Attorney / Finance Bank Conversion \Agenda Item Request Quantum Park Lot I MSPM 07- (') () ..-\ =i-< "<0 -ri n ,'"OJ i'~lO ~<~~ .~r:~ '_JJO ,.:;>- :.:.,; :::!rn (JJ> iT1CJ ::c DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 06-220 STAFF REPORT TO: Chair and Members Planning and Development Board THRU: Michael Rumpf Planning and Zoning Director FROM: Gabriel Wuebben Planner DATE: December 29, 2006 PROJECT NAME/NO: OPH Bank (Quantum Park lot 1) MSPM 07 - 001 REQUEST: Major Site Plan Modification PROJECT DESCRIPTION Property Owner/ Applicant: OPH Boynton Realty, L.c. Agent: Jared Weiner, OPH Boynton Realty, L.c. Location: 1485 Gateway Blvd. (see Exhibit "A" - Location Map) Existing Land Use/Zoning: Industrial (I) / Planned Industrial District (PID) Proposed Land Use/Zoning: No change proposed PID Use Options: Lot 1 - Office, industrial, & commercial (OIC) Proposed Use: Request for major site plan modification approval to alter the existing restaurant to a bank with a new drive-thru teller structure. The applicant will enhance the exterior of the existing structure with decorative moldings, stucco features, and new paint. Acreage: 1. 15-acres (50,285 sq. ft.) Adjacent Uses: North: Vacant industrial property (Lot 2) zoned PID with a use designation of Office, Industrial, and hotel (OIH); South: Right-of-way for Gateway Boulevard, then farther south vacant property currently under construction as part of the Renaissance Commons development zoned SMU; East: Lake Worth Drainage District Canal E-4, then farther east Olin Office Building zoned Staff Report - OPH Bank (MSPM 07-001) Memorandum No PZ 06-220 Page 2 West: Project size: PID; and Hampton Inn and Suites zoned PID, then farther west water management tract. The project consists of exterior and interior remodeling of the existing structure with the addition of a detached bank-teller structure of approximately 287 sq. ft located north of and behind the existing structure. Site Characteristic: The subject parcel is an imperfectly rectangular piece of land with approximately 156 feet of frontage along Gateway Boulevard and a maximum depth of approximately 370 feet. The southern portion of the lot is improved with a previously approved building (Original Pancake House), landscaping, and parking, while the northern part is primarily additional parking. Proposal: Concurrency: Traffic: Utilities: Drainage: School: Driveways: BACKGROUND OPH Boynton Realty, L.c. proposes to alter the exterior and interior of the existing Original Pancake House to accommodate a banking location. The proposal also includes the construction of an ancillary drive-thru bank-teller building behind the existing structure. Currently Lot 1 has the use option within the Quantum Park Planned Industrial District of Office, Industrial, & Commercial (OIC), which permits a myriad of strictly office uses, industrial uses, commercial uses, or any combination of the three. ANALYSIS A traffic concurrency approval letter has not yet been received from Palm Beach County Traffic Engineering. No permits will be issued until this letter is received by the City of Boynton Beach (see Exhibit "C" - Conditions of Approval). The Utilities Department indicates there would be no impacts to their operations associated with this request. Conceptual drainage information was provided for the City's review. The Engineering Division has found the conceptual information for the subject property to be adequate and is recommending that the review of specific drainage solutions be deferred until time of permit review (see Exhibit "C" - Conditions of Approval). This project is exempt from the school concurrency requirements of Palm Beach County. The subject property fronts on Gateway Boulevard. Existing on-site circulation consists of one (1) driveway near the southeast corner of the property, which is not slated for change with the proposed expansion. The driveway width measures approximately 26 1/2 feet. Staff Report - OPH Bank (MSPM 07-001) Memorandum No PZ 06-220 Page 3 Parking Facility: Parking required for this type of facility is based on one (1) parking space per 200 square feet of office space (4,998 sq. ft.j200), for a total of 25 parking spaces. The plan as designed provides 45 parking spaces, including 3 handicap spaces, for an excess of 20 parking spaces. The existing parking spaces on the site are dimensioned at 9 feet x 18 feet, with 24 foot aisle width. Traffic circulation is provided completely around the building and the design allows for ease of movement by emergency and general service providers. Landscaping: The proposed pervious or "green" area of the property would be 16,743 square feet or 33.3%. The landscape plan tabular data (Sheet SP-1) indicates that 33 trees, 40 palms and 474+ shrubs and groundcover will comprise the landscaping on the site. Typical trees being utilized in the planting scheme include Live Oak, Tibouchina and Silver Buttonwood along with Sabal and Washingtonia palms. Shrub materials illustrated in the site plan include Wax Jasmine, Boston Fern, Ruellia, and Xanadue. Approximately 54% of the proposed trees are native, 55% of palms are native, and 51% of the shrubs and groundcover depicted are native. The existing front buffer along Gateway Boulevard meets current code regulations relative to the layering of plant material and use of colorful shrubs. Building and Site: Building and site regulations will be fully met when staff comments are incorporated into the permit drawings. As noted earlier, the proposed alterations would include minor exterior modifications to the existing building (added build- outs on the west and east facades for aesthetic purposes and improved glazing). The existing one-story building has a typical roof height of 30 feet, measured to the top of the roof's highest peak. The maximum allowed height in the PID zoning district is 45 feet. Sheet AS provides an illustration of the existing building facades, with reveals, score lines and recesses. The applicant is adding new stucco features, building contours, and glazing features as well as new storefront windows. The modification also calls for the construction of a new remote bank teller building behind the existing structure. The teller will match in design and colors the principal building, and will serve clients through three (3) drive-thru lanes. Design: The colors on the existing building will be altered as a result of this application. Exterior walls will all be painted differing shades ranging from darker beige to off- white. The lower portions of exterior walls (as well as certain details) will be painted "Compatible Cream" (Sherwin Williams 6387). The building's upper exterior walls will be painted "Jersey Cream" (Sherwin Williams 6379), and building trim and details will be painted "Pure White" (Sherwin Williams 7005). The roof will be standing seam metal ("Hemlock Green" by Berridge). "True Brown" fabric awnings fabricated by Sunbrella will screen doorways. The building style, materials and colors are compatible with surrounding development. Signage: The applicant will use the existing sign with only minor modifications to comply with the new tenant's requirements. Public Art: The applicant is required to demonstrate compliance with the newly adopted requirement for developments to provide public art work (see Exhibit "C" - Conditions of Approval). The applicant has indicated a desire to pay the fee in lieu Staff Report - OPH Bank (MSPM 07-001) Memorandum No PZ 06-220 Page 4 of providing an art installation on the property. RECOMMENDATION: The Technical Application Review Team (TART) has reviewed this request for major site plan modification approval. Staff recommends approval, contingent upon all comments indicated in Exhibit "CIf - Conditions of Approval, including approval of the corresponding use approval (USAP 07-001). Staff recommends that the deficiencies identified in this exhibit be corrected on the set of plans submitted for building permit. Also, any additional conditions recommended by the Board or City Commission shall be documented accordingly in the Conditions of Approval. S:\Planning\SHARED\WP\PROJECTS\Original Pancake House\MSPM 07-001 Bank Conversion\OPH Bank MSPM Staff Report.doc Exhibit "A" - OPH Bank Location Map ( i SMU Suburban Mixed Use 330 165 0 I 330 660 990 '" 1'~~~et ,,+, s ~ !,~; 1'1' I' I II I' I h · I gf , , I ! I 0 I I, II if ~ L . II h ~ Ii r I ' ~ i~;1 HUll J Ildd:l IIIIUBIIU I ~ - i !!ii~ II i III H ~ 11 ,'I I ~ ~"il I.:l }::j . j .1 .. @ ~ ~ It:, 0 II .0-;-9 I (5 ,I'. 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I ......... ----.---.- 0 NV1d~ I ":=-;;;;7:"' - i IDMI IDVlI8 NOJ.IlAOO .... Ii., ~ii i ~ : 1VNVJ , <' C .' \~ ~~ '\: ~ e::::: C a: >- <: ~ ~ -< C II! ~ . I I E-o :: J ; .. .e I '~d I k I I ~ JJ H. ~ I !! !~I g." 1.1 I Ii ;,L ,= J. . ~ I ii- _iialll · ~hlli I ..,. h h~ddikulO~~ I~!I! II IIIII ~ ~ ~ ; i; ; i i i i ~ i i ; ; i i ; : ~ t i ~~:il I. · .11 I!. 01111111111101. loll !! ~I IIII I - -.- i I s I -. .. I I II f~ I li~~~ ilitilil I . I I ",:",c,,~ ~ ~ . ";:' . ; . Me. ~ ~ "" ~ t 5 " ~.. ' "Ill p. I,i; II I. ,,,,,. ~ ~-r J/ j EXHIBIT "C" Conditions of Approval Project name: OPH Bank File number: MSPM 07-001 Reference: 2nd review plans identified as a Major Site Plan Modification with a December 19,2006 Planning &2 d k' onmg ate stamp mar mg. I DEPARTMENTS , INCLUDE I REJECT I PUBLIC WORKS- Solid Waste Comments: None X PUBLIC WORKS - Forestry & Grounds Comments: 1. Show sight triangles on the Landscape plans (LDR, Chapter 7.5, Article II, X Section 5.H.) Reference City Standard Drawing P-14 and Palm Beach County standards for the sight triangles along Gateway Blvd. PUBLIC WORKS- Traffic Comments: 2. Provide a traffic analysis and notice of concurrency (Traffic Performance X Standards Review) from Palm Beach County Traffic Engineering. 3. On the Site and Civil plans, show and identify all necessary traffic control X devices such as stop bars, stop signs, double yellow lane separators striping, directional arrows and "Do Not Enter" signage, etc. 4. Reference City Standard Drawings "K" Series for striping details. X 5. Add a "No Right Turn" sign at the south end of the island separating the X drive-through lanes from the through drive aisle. UTILITIES Comments: 6. Show water and sewer mains and services, with easements on the utility X plans. In comparing the Landscape Plan (Sheet SP-1) with the PG&D Plan (Sheet 1 of 1) there appears to be a conflict between proposed landscaping (Live Oak) and the position of the water and sewer services into the building. Conditions of Approval 2 [ INCLUDE I RFJECT I 7. 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 )). DEP ARTMENTS FIRE X Comments: None POLICE x Comments: None 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. lO. Changes are being made to the site. An increase in the impervious area of X 800 square feet or more will require a professionally prepared drainage plan. Please note the net change in impervious area on the plans. If there is a net increase in the drainage changes may be required to the Master Drainage Plan and SFWMD permit for Quantum Park. 11. Full drainage plans, including drainage calculations, in accordance with the X LDR, Chapter 6, Article IV, Section 5 may be required at the time of permitting. 12. 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: 13. Please note that changes or revisions to these plans may generate additional X I DEPARTMENTS I INCLUDE I REJECT I 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. 14. 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. 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. 15. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 16. 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. 17. 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. 18. The full address of the project shall be submitted with the construction X documents at the time of permit application submittal. The addressing plan shall be approved by the United States Post Office, the City of Boynton Beach Fire Department, the City's GIS Division, and the Palm Beach County Emergency 911. A Palm Beach County Planning, Zoning & Building Division, 100 Australian Avenue, West Palm Beach, Florida (Sean McDonald _ 561- 233-5013) B United States Post Office, Boynton Beach (Michelle Bullard - 561-734- 0872) 19. The interior renovations shall comply with the 2004 FBC, Existing Building X Volume, for Level 3 Alterations, and Chapter 8 for changes of occupancy. PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: 20. Boundary Survev Existinl! Trees / Landscape Sheet SP-l X The Landscape Architect should add a note that any of the existing trees / landscape materials that are not in a healthy condition must be replaced with new vegetation at time of inspection. The Original Pancake House landscape plan should be reviewed to verify that all of the City approved landscape improvements do exist on the site. All missing trees / landscape materials should be replaced on the landscape plan. [Environmental Regulations, Chapter 7.5, Article I Sec. 7.D.p. 2.] Conditions of Approval 4 I DEPARTMENTS I INCLUDE I REJECT I PLANNING AND ZONING Comments: 21. If anyon-site directional signage is proposed, please provide proposed X location, detail including size, materials and color, and proposed wording. 22. It is the applicant's responsibility to ensure that the new site plan is publicly X advertised in accordance with Ordinance 04-007. 23. The applicant is responsible for compliance with Ordinance 05-060, the X "Art in Public Places" program and must demonstrate their participation. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: I 1. To be determined. I \ \ S:\Planning\SHARED\WP\PROJECTS\Original Pancake House\MSPM 07-00] Bank Conversion\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Quantum Park Lot 1- OPH Bank APPLICANT'S AGENT: Jared Weiner, OPH Boynton Realty, L.C. APPLICANT'S ADDRESS: 6400 N. Andrews Avenue, Suite 500 Ft. Lauderdale, FL 33309 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: February 13, 2007 TYPE OF RELIEF SOUGHT: Request for major site plan modification approval to alter the existing restaurant to a bank with a new drive-thru teller structure. The applicant will enhance the exterior of the existing structure with decorative moldings, stucco features, and new paint. LOCATION OF PROPERTY: Lot 1, Quantum Park PID, 1485 Gateway Blvd. DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X TH IS 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:IPlanninglsHARED\WPIPROJECTSIOriginal Pancake HouselMSPM 07-001 Sank ConversionlOPH Sank MSPM DO.doc Meeting Minutes Planning and Development BoyntDn Beach, Florida January 23, 2007 Description: Request to amend the list of approved uses for the Quantum Park Planed Industrial Development (PID) to include banks. Chair Wische read the request to amend the list of approved uses. Mr. Jared Weiner, 7000 Island Boulevard #2208 Aventura and Agent for the project was present. Mr. Weubben, Planner, advised staff reviewed the project and compared it against criteria listed in Section 4.N of the Zoning Regulations and found no conflicts. Accordingly, staff recommended approval. Chair Wische opened the floor to public comments. No one coming forward, Chair Wische closed the public hearing. Ms. Jaskiewicz asked about the pancake house. The applicants did not know where they would go, but commented they would be retrofitting the existing building. Mr. Blehar inquired about the north/south property line and parking. Mr. Weiner explained there was a cross access easement agreement for parking with the property owners to the west of the building. Motion Ms. Jaskiewicz moved the request to amend the list of approved uses for the Quantum Park Planned Industrial Development (PID) to include banks be approved. Mr. Casaine seconded the motion that unanimously passed. Quantum Park Lot 1 ~ Site Plan Modification Descri ption: Quantum Park Lot 1 - OPH Bank (MSPM 07-001) Jared Weiner, PEBB Enterprises OPH Boynton Realty, L.C. Quantum Park Lot 1; north side of Gateway Boulevard, east of Congress Avenue. (Original Pancake House). Request for major site plan modification to convert the existing 4,710 square foot restaurant to a S,267 square foot bank on a 1.1S-acre parcel zoned Planned Industrial Development (PID) 2. Project: Agent: Owner: Location: Chair Wische read the request and asked the applicants if they were in agreement with all 23 staff comments. 13 Meeting Minutes Planning and Development Boynton Beach, Florida January 23, 2007 Mr. Weiner agreed to the conditions of approval. Mr. Weubben, Planner, announced the Utilities Department indicated there would be no impact on their operations as a result of the request. The Engineering Department indicated specific drainage solutions would be deferred until the time of permit review. The traffic concurrency letter was still needed from the county. Staff was satisfied with the landscape plan and recommended approval subject to all conditions. Chair Wische opened the floor to public hearing. No one coming forward, Chair Wische closed the public hearing. Mr. Casaine asked if the modification was towards the rear of the building. Mr. Weiner responded it was; they were adding a drive through and that was why there was a difference in square feet. Ms. Jaskiewicz asked about the condition related to art. She asked what was an art installation and what the definition of art was. Mr. Weubben explained the applicant wanted to pay the fee in lieu of providing the art. It was explained the City had a panel to handle the matter. Motion Mr. Cwynar moved the request for major site plan modification to convert the existing 4,710 square foot restaurant to a S,267 square foot bank on a 1.1S-acre parcel zoned Planned Industrial Development (PID) be approved subject to all comments. Ms. Jaskiewicz seconded the motion that unanimously passed. 8. Other None. 9. Conments by members Chair Wische announced Vice Chair Hay had contacted him to indicate he was not available to attend the meeting. His sister Lillian Artis had surgery two days ago and was on a respirator at Bethesda Hospital. The family was with her and Vice Chair Hays called to excuse himself and let the board know and to pray for her. Mr. Chartes VIamynck, 922 SE 3rd Street, came forward and commented he was trying to go through the normal channels to receive some answers, but had been unsuccessful. He was aware of the current development on SE 3rd Street between 6th Avenue and what could be construed as 13th Avenue by the old lumberyard. He explained there were utility markings on the street denoting where the meters were. He wanted to know what was being planned. 14 IX. - CITY MANAGER'S REPORT 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 Meeting Dates in to Citv Clerk's Office Meeting Dates in to Citv Clerk' 5 Office D December 5, 2006 November 20,2006 (Noon.) D D January 2. 2007 December 18, 2006 (Noon) D March 5, 2007 February 12,2007 (Noon) D January 16.2007 January 2. 2007 (Noon) D March 20, 2007 March 5, 2007 (Noon) ~ February 13.2007 January 22,2007 D April 3. 2007 March 19,2007 (Noon) D Announcements/Presentati ons ~ City Manager's Report NA TURE 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: Authorize staff to proceed with renovation of Old Fire Station #2 on South Congress Avenue for the purpose of providing office space for the Boynton Beach Police Department. EXPLANATION: For the past several months, the Boynton Beach Police and Public Works Departments have been seeking office space remote from the existing Police Building in order to alleviate overcrowding conditions. The City Commission had requested that action be taken to address the severe space constraints that can inhibit department operations. At the December 5, 2006 City Commission, City staff presented three options to the City Commission that could address the space needs of the Police Department. These options included the following: 1. Utilization of the old Skeffington's furniture building on South Congress Avenue. Estimated space of 14,000 square feet at a rate of $1 0.00 per square foot with no maintenance costs. 2. Lease space from Quantum Group of Companies at 2500 Quantum Boulevard. Estimated space of 4,389 square feet at a rate of $16.00 per square foot plus maintenance of $6.89 per square foot. 3. Lease space at the new building at 1425 Gateway Boulevard. Estimated space of 14,000 square feet at a rate of $30.00 per square foot including CAM. The above costs ranged from a low of $1 00,464.00 per year to a high of $420,000 per year. Locations #1 and #3 were of interest to staff because there was also the potential to relocate Code Compliance function from the temporary trailer adjacent to the old high school. While relocation of Code Compliance is not a component to relieving space concerns in the existing Police building, staff recognized the opportunity to do so if an ideal remote location was found. The agenda item of December 5, 2006 is attached hereto for further reference. During the December 5 Commission meeting, there was much discussion about the location of the Police Department remote site and the Commission was unable to reach consensus as to where to place S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM the remote facility. From Staffs perspective, the discussion centered on what part of the community was in need of a remote Police Facility. Many were under the impression that this remote location would serve the community adjacent to the facility. This needs clarification. The purpose of the remote facility is first, and foremost, to relieve space constraints on Police operations in the existing Police building until such time that a new Police Facility is constructed on High Ridge Road, adjacent to new Fire Station #5. Upon completion of the new Police Facility, the temporary remote Police Facility will be abandoned because the space constraints will have been address with a new building. The temporary remote facility will not house personnel that would respond to the area surrounding the remote facility. Rather, the temporary remote facility will house Police services that could include the Traffic Division or Detective Bureau. Both of these functions are independent of all other services in the Police Department and neither function provides walk-in services to citizens. Therefore, these functions are the most logical to relocate from the existing building to a temporary remote facility. Furthermore, each of these functions requires simple administrative office space with minimal clerical support. There is little need to invest significant dollars to "build out" leased space. Therefore, there is little up front capital investment that would be lost upon final relocation of these services to a new Police Facility in a few years. At the December 5 Commission Meeting, the City Commission asked staff to research alternative locations for the temporary remote location. Frankly, there is little office space available within the City of Boynton Beach that meets the specified needs and even less space that is available at a cost that staff deems reasonable. Staff does not believe it prudent to spend over $400,000 per year to lease space for nothing more that a temporary relief to overcrowding, especially when we recognize that these dollars can be used in the next few years to help finance the new Police building on High Ridge Road. Staff believes that our best approach is to spend the least amount of money for leased space because dollars spent on a lease will be lost forever. Given this information, staff looked once again at our City owned spaces to determine if any of these spaces could be renovated or re-used to temporarily house certain Police services. The Old Fire Station #2 on South Congress immediately became a facility of interest, particularly because the roof was repaired in just the past few weeks at FEMA expense. The bays of the old Fire Station are now being used to store generators, trailers. a light tower and other items that are best stored in a secure. indoor facility. Staff inspected the administrative portion of this building to determine if this structure could house certain administrative needs. Of course, the building was designed as a Fire Station. The administrative space is approximately 2,100 square feet. Staff acknowledges that more space would be preferred but this is still an increase over what currently exists. The layout can serve certain Police Administrative functions very well. For example, the bunkroom is large enough to provide up to nine office workstations. The Battalion Chief quarters can easily accommodate other staff in a more private setting. Plus, the building is comprised of a built-in kitchen, break room. and restrooms. Staff believes that this station can be easily modified to temporarily house certain Police services. One positive aspect of this action would be that the City would have on site security for those items stored in the bays of the old Fire Station. Several of these items are equipment that also supports the Police department. S\BULLETIN\FORMS\ACiENDA ITEM REQUEST FORM,DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Staff clearly recognizes that minor renovation is necessary prior to relocation of certain Police functions into the old Fire Station. For example, all flooring must be replaced. Staff recommends vinyl composite tile. All ceiling tile should be replaced. Restroom fixtures should be replaced, lighting should be upgraded and exterior entries should be upgraded to steel doors and frames. Additional voice and data cabling will be necessary as well. Lastly, a deep and thorough Spring-cleaning is in order. Staff's preliminary cost estimate to renovate this space is approximately $65,000. However, given that there are many unknowns to this preliminary estimate, staff believes that $100,000 should be allocated in the CIP to accommodate this work. Investment of nearly $100,000 to upgrade the old Fire Station would not correlate to "lost" dollars of a comparable lease alternative. Upon final relocation of all Police functions to a new building on High Ridge, the City will still have a renovated asset/building on South Congress Avenue. In the future, the City could choose to continue use of this facility for other City services (archival storage, for example) or the City could choose to sell the old structure and property. Staff recommends that old Fire Station #2 be renovated at a cost not to exceed $100,000 to house certain temporary Police functions as determined by the Chief of Police and City Manager. PROGRAM IMPACT: This action will provide needed temporary relief to overcrowding in the existing Police building and do so at a reasonable cost. As noted on December 5, other options are available at higher cost. FISCAL IMPACT: $100,000.00 from the CIP A:~:;~;)[ alternatives as discussed on Decern2~~ ~ Depa ment Head's Signature City Manager's Signature Assistant to City Manager ~ Department Name City Attorney / Finance ~ c:;e e {:\ L-~ 0 \ e~ 4-0 \>~('D\.t:O Ou.)~ v~ 32-00 Co. c..C^f')Il <M. , S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 01/11/2007 17:53 5513943983 BEST WISHES OF BOCA PAGE 01/01 Best Wishes of Boca 2000 NE 5th Avenue Boca Raton, FL 33431 800-330-7688 Fax 561-394-3983 www.bestwishesotboca.com January t 2, 2007 Dear Mr. Brcssner: We are negotiating to buy the 2 story building at 3200 South Congress Ave, Boynton Beach. The building is presently operating as a Skeffinton's furniture store. Upon due diligence negotiations we found the building to be M 1 zoning. Our purpose would be to occupy it as Best Wishes, an internet e-tailer, which is acceptable to planning and zoning. OUf major lines require a brick and mortar showroom. However, the m~iority of our business is internet distribution. The upstairs of the building is built as ofticcs, but isn't zoned as such. This makes the building unfeasible. I'm asking your help to make the project possible by a.llowing the rental of offices . ' upstairs. It is our understanding that the city of Boynton Beach is presently looking for office space between 10,000 and 12,000 sq ft. which we can easily accommodate at the price we quoted to your representative Jeff Livergood. Weare ready, willing, and able to purchase the property providing the city will assure the Cl, C2, or C3 zoning upon completion of the city lease agreement. We would like to be assured that we can conduct our business in this location as well as an ability to occupy the upstairs with offices. /;ours ~lY, ~ () _Iff f ~~~ ~~~~ Arthur and Snellen Sussman The City 0/ Boynton Beach Office Of The City Manager 100 E Boynton Beach Boulevard P.D. Box 310 Boynton Beach, Flonda 33425-0310 City Manager's Office: (561) 742-6010 FAX: (561) 742-6011 e-mat/: bressnerk@CI:boynton-beach.fI.us www. boynton-beach.org January 18, 2007 Arthur & Suellen Sussman Best Wishes of Boca 2000 NE 5th Avenue Boca Raton, FL 33431 Subject: Office uses at 3200 S. Congress Avenue Dear Mr. and Mrs. Sussman: This letter is in response to your letter dated January 12, 2007, requesting assurance that office uses would be allowed at the above-referenced property. Staff has informed me of your status in obtaining zoning confirmation for your business at the above- referenced address, indicating the possibility of it being described in conformance with the City's M- 1 zoning district regulations. With respect to the 2nd floor (or any portion of the building) being used for business offices, as staff has explained, the zoning regulations do not currently allow offices as principal uses within the district. The M-1 Zoning District has been studied and is destined for modifications to address in part, potential impacts on residential uses; however, I cannot indicate at this time that the ultimate code amendments will involve the addition of new uses such as business offices. The ultimate zoning code amendments will, in part, be the product of further staff analysis, public input and action by the City Commission. Therefore, given my limited role in this process, I am unable to provide you with the assurance that you have requested. If your business decision cannot await the adoption of code revisions, then you must rely upon the information that is certain and available at this time. Please do not hesitate to contact city staff if additional zoning information is needed to assist you with your relocation plans. ~ Kurt Bressner City Manager A.:lfERICA '8 GA TETVA 1" TO THE G ULF8TREA1lf k~,'1[~'?F- . ~ , . , .:.:r: /U ;-:; ':_"., .' . ,,-,/~i~, \,~ ,,_ ~V '0 v XII. - LEGAL - 1st Reading ITEM C.1 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to Citv Clerk's Office 0 December 5, 2006 November 20,2006 (Noon.) 0 0 January 2, 2007 December 18,2006 (Noon) 0 March 5, 2007 February 12,2007 (Noon) 0 January 16, 2007 January 2, 2007 (Noon) 0 March 20, 2007 March 5, 2007 (Noon) ~ February 13,2007 January 22, 2007 0 April 3, 2007 March 19, 2007 (Noon) NATURE OF AGENDA ITEM o o o o Administrative o o :-) I'VI Legal 0 n :::j L:::::::,J -..J =i -< o Unfinished Business ~ -<0 :z () " o Public Hearing 0 '~CD - r''1 C) u:> :-:"? -< RECOMMENDATION: Motion to amend the Land Development Regulations' Chapters 5, 6 & 7 to clarify tha18ll pUfiltt:: and private development projects are subject to surety requirements. :x U? 6 w ~:z: EXPLANATION: Certain chapters within the Land Development Regulations contain surety requirements far ~ou~~ specific elements within each chapter, but not in total of all of the components that effect land development projta. "fiii~ proposed ordinance clarifies the applicability and delineation of those tasks that require surety throughout any developm~. Announcements/Presentations City Manager's Report New Business Consent Agenda Code Compliance & Legal Settlements PROGRAM IMPACT: None FISCAL IMPACT: None ~E~Siontinue with fragmented regula"o", " they rebte to '~: , rtment Head's SIgnature CIty Manager's SIgnature Public Warks / Engineering Division Department Name Assistant to City Manager -\~ ~ City Attorney / Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 ORDINANCE NO. 07 - 2 3 4 AN ORDINANCE OF THE CITY COMMISSION OF 5 THE CITY OF BOYNTON BEACH, FLORIDA, 6 AMENDING CHAPTER 5, ARTICLE V, SECTION 2A2, 7 CHAPTER 6, ARTICLE V, SECTION 7, AND ARTICLE 8 VI, SECTIONS 1 & 3, TO CLARIFY THAT ALL 9 PUBLIC AND PRIVATE DEVELOPMENT IS SUBJECT lO TO SURETY REQUIREMENTS, AND AMENDING II CHAPTER 7, ARTICLE I, SECTION 2(A), ALL 12 CONTAINED IN THE LAND DEVELOPMENT 13 REGULATIONS, CLARIFYING THE APPLICABILITY 14 AND DELINEATION OF THOSE TASKS THAT 15 REQUIRE SURETY IN LAND DEVELOPMENT; l6 PROVIDING FOR CONFLICTS, SEVERABILITY, l7 CODIFICATION AND AN EFFECTIVE DATE. l8 19 20 WHEREAS, the City Commission finds that the above titled code references 21 regarding surety requirements for land development projects needs to be clarified and 22 defined clearly; and 23 WHEREAS, the City Commission has noted that other chapters in the Land 24 Development Regulations (LDR) [Chapters 5, 6, 7.5, 8 and 22] require surety for those 25 applicable items noted within each respective chapter, but not in total of all of the 26 components that effect land development projects. 27 NOW THEREFORE, IT IS HEREBY ORDAINED BY THE CITY 28 COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 29 Section 1. The foregoing Whereas clauses are true and correct and incorporated 30 herein by this reference. 3l Section 2. Chapters 5, 6 & 7 of the LDR are hereby amended as follows: 32 33 34 LAND DEVELOPMENT REGULATIONS CODE OF ORDINANCES, PART III 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 * * * CHAPTER 5 PLATTING * * * ARTICLE V. PLAT PREPARATION AND APPROVAL * * * Sec. 2. Submission of final plat. * * * A.2. Surety guaranteeing that all work required whether public or private, that will not be constructed, owned and maintained in perpetuity by the developer and his successor and/or assigns will be completed in full accordance with the plat and approved construction plans; with all conditions attached thereto; and with Boynton Beach Land Development Regulations, pro'lided that no surety is roquired for se'.vage collection and transmission systems, 'Hater distribution systems and transmission systems which will be con'/eyed to the city upon completion of their construction. Suretv for required utility system improvements shall be coordinated directly with the Utilities Department, whether they will remain private or conveyed to the city upon completion of their construction. Surety shall be substantially in the form and amount delineated in Chapter 7; and * * * CHAPTER 6 REQUIRED IMPROVEMENTS * * * ARTICLE V. CONSTRUCTION OF REQUIRED IMPROVEMENTS * * * Sec. 7. Obtaining Certificates of Occupancy. No Certificates of Occupancy will be issued for buildings in the platted subdivision until all required improvements are completed, approved and/or aHEl accepted by the City, except that a developer may, at his option, post additional 110% surety in compliance with Chapter 7 for work which may be more prudently put in place subsequent to building construction such as sidewalks and landscaping. Certificates of Occupancy will not be issued for the final ten (10) percent of the buildings until such work is approved and/or accepted by the city as completed. 1 2 3 4 5 6 7 8 9 10 II 12 l3 14 l5 16 17 l8 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 ARTICLE VI. ACCEPT ANCE AND MAINTENANCE OF REQUIRED IMPROVEMENTS Sec.1. Workmanship and material agreement. The developer shall execute and deliver to the city a cash bond or other acceptable surety in an amount determined by the city engineer, guaranteeing the required improvements whether public or private, that arc dedicated to the public for against defect in workmanship and material for one (1) year after acceptance of such improvements by the City Commission. Surety shall be as specified in Chapter 7 and shall be delivered to the city simultaneously with the satisfactory delivery of the documents required in Article Y, Section 5, of this chapter. * * * Sec. 3. City completion of required improvements. When a plat has been recorded and the developer fails to complete the improvements required by this ordinance, the City Commission may, at it's option, complete the publicly or privately owned and maintained improvements or restore the site to its original condition under the guarantees provided by the developer. In such case, the City Commission shall direct the city engineer to call upon the guarantees as outlined in Chapter 7, Article I, Section 2, paragraph D. * * * CHAPTER 7 SURETY ARTICLE I. IN GENERAL * * * Sec. 2. Applicability A. When required. Whenever surety is required within the Boynton Beach Code of Ordinances and/or Land Development Regulations it shall be provided in the form and manner prescribed in Section 3 hereinafter. The type of surety shall be determined by the administrator of the code section involved, and shall be acceptable to the Boynton Beach City Attorney. Required improvements shall include all those items stipulated in Chapter 6, Article III of the LDR including restoration of the lands disturbed by said improvements. Surety for required utility system improvements shall be coordinated directly with the Utilities Department, whether they will remain private 10 1 2 3 4 5 6 7 or converyed to the city upon completion of their construction. It shall also include any off-site areas disturbed to install any improvements required by the proiect. Surety shall be required for improvements associated with all planned developments, to wit, peDs, Pills, PUDs, etc. 8 Section 3. Each and every other provISIOn of said chapters, not herein 9 specifically amended shall remain in full force and effect as previously enacted. Section 4. All ordinances or parts of ordinances in conflict herewith be and the 11 same are hereby repealed. 12 Section 5. Should any section or provision of this Ordinance or portion hereof, 13 an paragraph, sentence or word be declared by a court of competent jurisdiction to be 14 invalid, such decision shall not affect the remainder of this Ordinance. 15 16 17 18 Section 6. Authority is hereby granted to codify this said Ordinance. Section 7. The Ordinance shall become effective immediately after passage. {REMAINDER OF PAGE INTENTIONALLY LEFT BLANK} 1 FIRST READING this _ day of ,2007. 2 SECOND, FINAL READING AND PASSAGE this _ day of 3 2007. 4 5 6 7 8 9 10 11 l2 13 l4 l5 16 l7 18 19 20 2l 22 ATTEST: 23 24 25 City Clerk 26 27 28 (CORPORATE SEAL) CITY OF BOYNTON BEACH, FLORIDA Mayor ~ Jerry Taylor Vice Mayor - Jose Rodriguez Commissioner - Ronald Weiland Commissioner - Mack McCray Commissioner - Carl McKoy _ [nIZ- . ORDINANCE NO. 07 - /?ffllL tiS f.; l fjlJ> AN ORDINANCE OF THE CITY COMMISSION OF THE l,; ~ CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 5, ARTICLE V, SECTION 2A2, CHAPTER 6, ARTICLE V, SECTION 7, AND ARTICLE VI, SECTIONS 1 & 3, TO CLARIFY THAT ALL PUBLIC AND PRIVATE DEVELOPMENT IS SUBJECT TO SURETY REQUIREMENTS, AND AMENDING CHAPTER 7, ARTICLE I, SECTION 2 (A), ALL CONTAINED IN THE LAND DEVELOPMENT REGULATIONS, CLARIFYING THE APPLICABILITY AND DELINEATION OF THOSE TASKS THAT REQUIRE SURETY IN LAND DEVELOPMENT; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, the City Commission finds that the above titled code references regarding surety requirements for land development projects needs to be clarified and defined clearly; and WHEREAS, the City Commission has noted that other chapters in the Land Development Regulations (LDR) [Chapters 5, 6, 7.5, 8 and 22] require surety for those applicable items noted within each respective chapter, but not in total of all of the components that effect land development projects. NOW THEREFORE, IT IS HEREBY ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing Whereas clauses are true and correct and incorporated herein by this reference. Section 2. Chapters 5, 6 & 7 of the LDR are hereby amended as shown on Exhibit "A", attached. Section 3. Each and every other provision of said chapters, not herein specifically amended shall remain in full force and effect as previously enacted. Section 4. are hereby repealed. Section 5. All ordinances or parts of ordinances in conflict herewith be and the same Should any section or provision of this Ordinance or portion hereof, an paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 6. Section 7. Authority is hereby granted to codify this said Ordinance. The Ordinance shall become effective immediately after passage. FIRST READING this _ day of ,2007. SECOND, FINAL READING AND PASSAGE this _ day of ,2007. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk (CORPORATE SEAL) EXHIBIT "A" LAND DEVELOPMENT REGULATIONS CODE OF ORDINANCES, PART III * * * CHAPTER 5 PLATTING * * * ARTICLE V. PLAT PREPARATION AND APPROVAL * * * Sec. 2. Submission of final plat. *** A.2. Surety guaranteeing that all work required whether ~Ublic or ~rivate~~::;= be constructed, o'.vned and maIntaIned In perpetUIty by the devel fief and IS suo assigns will be completed in full accordance with the plat and approved construction plans; with all conditions attached thereto; and with Boynton Beach Land Development Regulations, ~~:~~ that no ,...-ety io rO'Juired fur ,ewage collection and tranSBii:io: ~~":' ;: ~~~ n{~~s and transmISsIOn systems ,,<,hIch WIll be con'.'ey thy completion of thei; construction. Surety for required utility system improvements shall be coordinated directly with the Utilities Department, whether they will remain private or conveyed to the city upon completion of their construction. Surety shall be substantially in the form and amount delineated in Chapter 7; and *** CHAPTER 6 REQUIRED IMPROVEMENTS *** ARTICLE V. CONSTRUCTION OF REQUIRED IMPROVEMENTS * * * Sec. 7. Obtaining Certificates of Occupancy. No Certificates of Occupancy will be issued for buildings in the platted subdivision until all required improvements are completed, approved and/or aH€l accepted by the City, except that a developer may, at his option, post additional 110% surety in compliance with Chapter 7 for work which may be more prudently put in place subsequent to building construction such as sidewalks and landscaping. Certificates of Occupancy will not be issued for the final ten (l 0) percent of the buildings until such work is approved and/or accepted by the city as completed. ARTICLE VI. IMPROVEMENTS ACCEPT ANCE AND MAINTENANCE OF REQUIRED Sec.1. Workmanship and material agreement. The developer shall execute and deliver to the city a cash bond or other acceptable surety in an amount determined by the city engineer, guaranteeing the required improvements whether public or private, that are dedicated to the public for against defect in workmanship and material for one (1) year after acceptance of such improvements by the City Commission. Surety shall be as specified in Chapter 7 and shall be delivered to the city simultaneously with the satisfactory delivery of the documents required in Article V, Section 5, of this chapter. * * * Sec. 3. City completion of required improvements. When a plat has been recorded and the developer fails to complete the improvements required by this ordinance, the City Commission may, at it's option, complete the publicly or privately owned and maintained improvements or restore the site to its original condition under the guarantees provided by the developer. In such case, the City Commission shall direct the city engineer to call upon the guarantees as outlined in Chapter 7, Article I, Section 2, paragraph D. * * * CHAPTER 7 SURETY ARTICLE I. IN GENERAL * * * Sec. 2. Applicability A. When required. Whenever surety is required within the Boynton Beach Code of Ordinances and/or Land Development Regulations it shall be provided in the form and manner prescribed in Section 3 hereinafter. The type of surety shall be determined by the administrator of the code section involved, and shall be acceptable to the Boynton Beach City Attorney. Required improvements shall include all those items stipulated in Chapter 6, Article III of the LDR including restoration of the lands disturbed by said improyements. Surety for required utility system improvements shall be coordinated directly with the Utilities Department, whether they will remain private or converyed to the city upon completion of their construction. It shall also include any off-site areas disturbed to install any improvements required by the proiect. Surety shall be required for improvements associated with all planned developments, to wit, peDs, Pills, PUDs, etc. XII. - LEGAL ITEM 0.1 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Tumed Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk' 5 Office 0 December 5, 2006 November 20,2006 (Noon,) 0 0 January 2, 2007 December 18, 2006 (Noon) 0 March 5, 2007 February 12,2007 (Noon) 0 January 16. 2007 January 2, 2007 (Noon) 0 March 20, 2007 March 5, 2007 (Noon) ~ February 13, 2007 January 22, 2007 0 April 3, 2007 March 19,2007 (Noon) 0 Announcements/Presentations 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM 0 Consent Agenda ~ Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 RECOMMENDATION: Appoint City Commission representative and alternate to the following organization: The Greater Boynton Beach Sister Cities Committee, Inc. EXPLAN A TI 0 N: The Sister City Program, administered by Sister Cities International, was initiated by the President of the United States in 1956 to encourage greater friendship and understanding between the United States and other nations through direct and personal contact. Many communities have relationships with other communities to foster such goals as cultural exchange, economic development and trade, education and exchange of ideas. The Greater Boynton Beach Sister Cities Committee, Inc. is a member of Sister Cities International. On September 10, 2001, Boynton Beach, Florida and Qufu, China became Sister Cities. The Greater Boynton Beach Sister Cities Committee, Inc. are currently investigating the possibility of forming an additional Sister City relationship with Eleuthera, Bahamas. PROGRAM IMPACT: FISCAL IMPACT: (Include Account Number where funds will come from) ALTERNATIVES: City Manager's Signature Assistant to City Manager ~ Department Head's Signature City Attorney / Finance Department Name S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC 1 RESOLUTION NO. R07- 2 3 A RESOLUTION OF THE CITY COMMISSION OF THE 4 CITY OF BOYNTON BEACH, FLORIDA, APPOINTING 5 AS A 6 REPRESENTATIVE TO THE GREATER BOYNTON 7 BEACH SISTER CITIES COMMITTEE, INC., AND 8 APPOINTING ANY CITY COMMISSION MEMBER AS 9 ALTERNATE REPRESENTATIVE TO THE GREATER lO BOYNTON BEACH SISTER CITIES COMMITTEE, II INC.; AND PROVIDING AN EFFECTIVE DATE. l2 13 14 WHEREAS, the City Commission of the City of Boynton Beach, Florida, is entitled 15 to representation on The Greater Boynton Beach Sister Cities Committee, Inc; and 16 WHEREAS, the City Commission has considered the qualifications necessary for 17 such representation and wishes to bestow upon the following named individuals such right 18 and honor of service. 19 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 20 THE CITY OF BOYNTON BEACH, FLORIDA THAT: 21 Section 1. The "WHEREAS" clauses above are hereby ratified and confirmed as 22 being true and correct and incorporated herein by reference. 23 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby 24 appoints as a representative to The Greater Boynton 25 Beach Sister Cities Committee, Inc., and appoints any City Commission member as alternate 26 representative to The Greater Boynton Beach Sister Cities Committee, Inc.. 27 Section 3. That this Resolution shall become effective immediately upon passage. S:\CA\RESO\Appointments\Sister Citics,doc 1 2 PASSED AND ADOPTED this 3 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 28 (Corporate Seal) S:\CA \RESO\Appointments\Sister Cities,doc day of ,2007. CITY OF BOYNTON BEACH, FLORIDA Mayor - Jerry Taylor Vice Mayor - Jose Rodriguez Commissioner - Ronald Weiland Commissioner - Mack McCray Commissioner - Carl McKoy . / XI. - NEW BUSINESS 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 Meeting Dates in to Citv Clerk's Office Meeting Dates in to Citv Clerk's Office 0 December 5, 2006 November 20,2006 (Noon.) 0 0 JanuaIY 2, 2007 December 18,2006 (Noon) 0 March 5, 2007 FebruaIY 12,2007 (Noon) 0 JanuaIY 16, 2007 JanuaIY 2, 2007 (Noon) 0 March 20, 2007 March 5, 2007 (Noon) C8J FebruaIY 13,2007 JanuaIY 22, 2007 0 April 3, 2007 March 19,2007 (Noon) 0 Announcements/Presentations 0 City Manager's Report NATURE OF 0 Administrative C8J New Business AGENDA ITEM 0 Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 RECOMMENDATION: Discussion of establishing "No Gang" zones throughout the City of Boynton Beach, per the request ofa member of the City Commission '" ~ EXPLANA TlON: Establishing prohibited places, areas or zones that would make it illegal for two or more gang members to congregate and allow authorities to arrest them. PROGRAM IMP ACT: FISCAL IMPACT: (Include Account Number where funds will come from) ALTERNATIVES: City Manager's Signature Assistant to City Manager C:fr~ Department Head's Signature City Attorney / Finance Department Name I' S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC . WPB police to fight gangs in civil court WEST PALM BEACH, Fla. - Police here want to fight gangs not just by arresting them, but also by taking them to civil court. The plan by the West Palm Beach Police Department is to identify gang members and the locations where they congregate, then to persuade a judge to issue an injunction blocking them from being together. If two or more of the gang members are then gathered at the prohibited place, authorities can arrest them. However, accused gang members could fight the injunction in court. "Now, when we have these people hanging on a street comer, we're really helpless to do anything about it" unless authorities witness a crime, Police ChiefDelsa Bush told The Palm Beach Post. "We're really trying to think outside the box." City commissioners approved the first reading of the anti-gang ordinance on Monday. A final reading is scheduled Feb. 26. Police suspect that four of 19 homicides in the city last year were gang-related. "We're trying to stay ahead of the gangs. We're the first city in Florida to use this," said Police Capt. Daniel Sargent, commander of the criminal investigations unit. The cities of Los Angeles, San Antonio and EI Paso, Texas, have used similar injunctions. "If this works, and we expect it will, it will be a model for other cities around the state," Mayor Lois Frankel said. February 6, 2007 - 1: 19 p.m. EST Copyright 2007, The Associated Press. The information contained in the AP Online news report may not be published, broadcast or redistributed without the prior written authority of The Associated Press. J ~2f07/~~U' UL:~~ :JOltlLO:::.I.LJ.4 "-'.1.11 .......1 U .; / ORDINANCE NO. 4021-07 AN ORDINANCE OF THE CITY COMMISSION OF TIlE CITY OFWEST PALM BEACH, fLORID~ AMENDING THE CODE OF ORDINANCES OFTHE CITY OF WEST PALM BEACH, FLORIDA, BY CREATING ARTICLE XI ENTITLED "CRIMINAL STREET GANG PREVENTION ORDINANCE" OF CHAPTER 54 (OFFENSES); ADOPTING F.S. ~874.03; DEEMING CRIMINAL STREET GANGS AND CRIMINAL STREET GANG'S USE OF A PLACE A PUBLIC NUISANCE; AUTHORIZING A CIVIL CAUSE OF ACTION TO A6ATE THE NUISANCE; PROVIDING FOR A CODIFICATION CLAUSE, A CONFLICTS CLAUSE, AND A SEVERABILIIT CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. ' ~ * * ~ * * * * * * * * WHEREAS. the City Commission finds that there is a mounting crisis caused by criminal street gangs whose members threaten and terrorize peaceful citizens and commit a multitude of crimes; and WHEREAS, F.S. Ch. 874 was created with the intent to eradicate the terror created. by I" criminal street gangs and their members by providing enhanced penalties and by eliminating the patterns, profits, proceeds, instnunentalities and property facilitating criminal street gang activity, including criminal street gang recruitment; and WHEREAS, the public health, safety, and welfare of the public is advanced by adoption of this ordinance in that enforcement authorizes the use of gang injunctions as a means to eliminate pattern!>, profits and gang recruitment and nuisance behavior, thereby providing a powerful tool in the fight against street gangs; and WHEREAS, the City Commission finds that it is the right of every person, regardless of race, color, creed, religion, national origin, sex, age, sexual orientation, or handicap, to be secure and protected from fear, intimidation, and physical harm caused by the activities of criminal street gangs and their members; and ( ~~i~I/~~~' ~L:~q ::lbll:lLLlL14 ,-..1. I Y wro ~ .. WHEREAS, it is the intent of the City Commission to eradicate the terror created by criminal street gangs and their members by providing a civil cause of action to enjoin criminal street gang activity in the City of West Palm Beach; and WHEREAS, gang-related incidents and patterns of criminal street gang activity committed by criminal street gang members and associates in the City of West Palm Beach .cause a public nuisance and constitute violations under The ordinance and may be abated by a gang inj Wlction; and WHEREAS, the City Commission finds it in the public interest to create an ordinance that provides for gang injunctions to abate the public nuisance caused by thc conduct and activities of criminal street gangs, their members and associates; and WHEREAS, the City Commission finds that this Ordinance is necessary to maintain the public order and safety, as criminal street gang activities, both individually and collectively, present a clear and present danger and the City has a compelling interest in preventing criminal street gang activity. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WEST PALM BEACH, FLORIDA, THAT: SECTION 1: Chapter 54 (Offenses) of the Code of Ordinances of the City of West Palm Beach, is hereby created to read as follows: ARTICLE XI. CRIMINAL STREET TERRORISM PREVENTION This article may be cited as "Criminal Street Gang Prevention Ordinance." Sec. 54--361. Defiolltons The City adopts by reference the definitions in F. S. &874.03. Sec. 54-362. Public Nuisance for Puroose of Gane Iniunctions. A criminal street gang, criminal street gang members, or associates who are engaged in a pattern of criminal street ganQ activitv or Qang related incidents is a DubHc nuisance. ~ 02/B7/~~~r ~~:~4 ~bll:rLLTLlq "-'.1.1 Y WrD I Sec. 54-363. Public Nuisance: Use of Place for Purpose of Gaol! loiuoctions. The habitual use of a place by a criminal street gang its members or associates for engaging in criminal street gang activity or gang-related incidents is a public nuisance. Sec. 54-364. Abatement of pubUc Nuisance. The City Attorney is authorized to bring a civil cause of action to enioin the JJublic nuisance set forth herein and to enforce its codes or ordinances by any other means availahle at law. SECTION 2: Specific authority is hereby granted to codify trus ordinance. SECTION 3: All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 4: Should any section or provision of this ordinance or any portion, paragraph, sentence or word thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity ofthe remainder hereof as a whole, or any other part thereof. SECTION 5: This ordinance shall take effect in accordance with law. (' FIRST READING THIS DAY OF ,2007. SECOND READING AND FINAL PASSAGE THIS DAY OF .2007. (CORPORATE SEAL) CITY OF WEST PALM BEACH BY ITS CITY COMMISSION ATTEST: PRESIDING OFFICER CITY CLERK CITY ATTORNEY'S OfFICE Approved as to form and legal sufficiency By; Date: f;\KRothenbIll1lIORDlNANCES\OIUS lv,iUllClJ01l Ordin.anc:< doe Last pn.,ted: 02/05/2007 ['..? PM / --- 02/B7IL~~{ ~~:~4 ::lblt:l~~lL14 t...ll Y Wt-'l:) ,. t""9'.A1- .. West's F.S.A. 9 874.03 West's Florida Statutes Annotated Currentness TItle XLVI. Crimes (Chapters 775-899) 'thaDter 874. Street Terrorism Enforcement and Prevention (Refs & Annos) "'a74.0~. Definitions As used in this chapter: (1) "Criminal street gang" means a formal or Informal ongoIng organization, association, or group that has as one of its primary activities the commission of crIminal or delinquent acts, and that consists of three or more persons who have a common name or common identifYing signs, colors, or symbols and have two or more members who, individually or collectively, engage in or have engaged in a pattern of criminal street gang activity. (2) "Criminal street gang member" is a person who is a member of a criminal street gang as defined in subsection (1) and who meets two or more of the following criteria: (a) Admits to criminal street gang membership. (b) Is identified as a criminal street gang member by a parent or guardian. (c) Is Identified as a criminal street gang member by a documented reliable informant. (d) Resides in or frequents a particular criminal street gang's area and adopts their style of dress, their use of hand signs, or their tattoos, and associates with known criminal street gang members. (e) Is identified as a criminal street gang member by an informant of previously untested reliability and such identification is corroborated by independent information. (f) Has been arrested more than once in the company of identified criminal street gang members for offenses which are consistent With usual criminal street gang activity. (g) Is identified as a criminal street gang member by physical evidence such as photographs or other documentation. (h) Has been stopped in the company of known criminal street gang members four or more times. (3) "Pattern or criminal street gang actIvity" means the commiSSion or attempted commission of, or solicitation or conspiracy to commit, two or more felony or three or more misdemeanor offenses, or one felony and two misdemeanor offenses, or the comparable number of delinquent acts or violations of law which would be felonies or misdemeanors if committed by an adult, on separate occasions within a 3-year period. ~L/07/~~~{ ~~:~4 :.bHI:L'Ll :Ll<l "-11 Y \~t""'~ , ........'- ..; ,.. / (4) For purposes of law enforcement identification and tracking only: (a) "Criminal street gang associate" means a person who: 1. Admits to criminal street gang association; or 2. Meets any single defming cnterion for criminal street gang membership described in subsection (2). (b) "Gang-related incident" means an Incident that, upon investigation, meets any of the following conditions: 1. The participants are identified as criminal street gang members or criminal street gang associates, acting, individually or collectively, to further any criminal purpose of the gang; 2. A reliable informant identIfies an incident as criminal street gang activity; or f"" 3. An informant of previously untested reliability identifies an inddent as criminal street gang activity and it is corroborated by independent information. CREDIT(S) Laws 1990. c. 90-207. ~ 1; Laws 1994. c. 94-209. 9 75. Amended by Laws 1996. c. 96- 368. ~ 36. eft. Oct. L 1996. HISTORICAL AND STATUTORY NOTES Amendment Notes: Laws 1994, c. 94-209, eff. Oct. 1, 1994, which created the Department of Juvenile Justice, and which revised provisions relating to juveniles as part of a comprehensive strategy to address the problem of juvenile crime, substituted references to criminal street gc:mg for references to youth and street gang throughout; In subsec. (3), inserted reference to two or more delinquent acts or violatlons of law; and following "period" deleted "for the purpose of furthering gang activity". Laws 1996, c. 96-388, 9 36, eff. Oct. I, 1996, in subsec. (1), deleted paragraph designations and made corresponding language and punctuation changes throughout, Inserted "that has as one of its primary activities the commission of criminal or delinquent acts, and that consists" following "group", and substituted "two or more members" for "members or associates" following "and have"; in subsec. (2), substituted "is a member of a criminal street gang as defined in subsection (1) and who" for "engages in a pattern of criminal street gang activity" following "person who" In the introductory paragraph, and deleted "a youth under the age of 21 years who is" following "15ft at the beginning of par. (b); in subsec. (3), substituted "or conspiracy to commit, two or more felony or I ~L/~'/~VV' VL.~4 :JOlO'::"'LLJ.Lf ......1.1' WrD "' three or more misdemeanor offenses, or one felony and two misdemeanor offenses, or the comparable number of" for ", by any member or members of a criminal street gang, of two or more felony or violent misdemeanor offenses, or two or more" follOWing "solicitation", substituted a reference to misdemeanors for a reference to violent misdemeanors, and made nonsubstantive language and punctuation changes; and added subsec. (4), defining terms. West's F. S. A. S 874.03, FL ST 9 874.03 Current through Nov. 7, 2006 General Election. @ 2006 Thomson/West END OF DOCUMENT (C) 2007 Thom~on/west. No Claim to On9. U.S. Govl. Works.