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Agenda 01-15-08 The City of Boynton Beach 100 E. Boynton Beach Boulevard. (561) 742-6000 City Commission REVISED AGENDA JANUARY 15, 2008 Jerry Taylor Mayor - At Large Kurt Bressner City Manager DISTRI T I Jose Rodriguez Vice Mayor Ron Weiland Commissioner - District I Woodrow Hay Commissioner - District II Marlene Ross Commissioner - District IV 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, as hereinafter described. City Commission meetings are business meetings and, as such, the Commission retains the right to impose time limits on the 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 - Time Limit - Three (3) Minutes . 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, with the exception of Consent Agenda Items that have not been pulled for separate vote, reports, presentations and first reading of Ordinances - Time Limit - Three (3) minutes . 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 who disputes the meeting while addressing the Commission may be ordered by the presiding officer to cease further comments and/or to step down from the podium. Failure to discontinue comments or step down when so ordered shall be treated as a continuing disruption of the public meeting. An order by the presiding officer issued to control the decorum of the meeting is binding, unless over-ruled 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). S:\CC\WP\CCAGENDA\Cover Template\WELCOME SHEET - REVISED 04-04-07.doc City of Boynton Beach REGULAR CITY COMMISSION MEETING REVISED AGENDA January 15, 2008 6:30 P.M. I. OPENINGS: 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 Vice Mayor Jose Rodriguez D. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption II. OTHER: A. Informational Items by Members of the City Commission III. ANNOUNCEMENTS, COMMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Announcements: 1. Friday, January 18, 2008, 6 p.m. - 9 p.m. at Oceanfront Park, 6415 N. Ocean Boulevard, Ocean Ridge, a FREE concert featuring Phil Mann and his Alleged Orchestra. February 15, 16, 17, 2008, the Boynton Beach Heritage Celebration 2008 will present activities at The Hester Center including children's activities, sports tournaments and art exhibits. On Saturday, February 16 continuous entertainment on the main stage featuring Marcus "Pleasure" Cooper, ]] & the Connection, Ms. Monique Mills, Strictly Business and Precious. Also included will be laser tag, rock climbing and a trackless train. On Saturday, February 23, from 7 p.m. to 10 p.m. there will be a FREE concert featuring the Commodores on East Ocean Avenue between Seacrest and NE 1st Street. 2. Closed Door Session in the Ric-Man Litigation before conclusion of meeting. 1 Revised Agenda Regular City Commission Boynton Beach, FL January 15, 2008 B. Community and Special Events: None C. Presentations: 1. Proclamations a. Four Chaplains Memorial Sunday - February 3, 2008 2. Presentation of the American Assembly Education Sub-Committee. IV. PUBLIC AUDIENCE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at the discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission> V. ADMINISTRATIVE: A. Appointments Appointment Length of Term To Be Made Board Expiration Date Mayor Taylor Arts Commission Alt 1 yr term to 12/08 Tabled (3) II Hay Arts Commission Alt 1 yr term to 12/08 Tabled (3) III Rodriguez Bldg. Bd of Adj & Appeals Reg 3 yr term to 12/10 Tabled (3) IV Ross Bldg. Bd of Adj & Appeals Reg 3 yr term to 12/10 Tabled (3) Mayor Taylor Bldg. Bd of Adj & Appeals Alt 1 yr term to 12/08 II Hay Bldg. Bd of Adj & Appeals Alt 1 yr term to 12/08 Tabled (3) II Hay Code Compliance Board Reg 3 yr term to 12/10 Tabled (3) IV Ross Code Compliance Board Alt 1 yr term to 12/08 Tabled (2) Mayor Taylor Code Compliance Board Alt 1 yr term to 12/08 Tabled (2) II Hay Community Relations Board Alt 3 yr term to 12/10 Tabled (3) II Hay Education & Youth Advisory Board Reg 2 yr term to 12/09 Tabled (3) Mayor Taylor Education & Youth Advisory Board Alt 1 yr term to 12/08 Tabled (2) I Weiland Education & Youth Advisory Board Alt 1 yr term to 12/08 Tabled (2) II Hay Education & Youth Advisory Board Stu N/V 1 yr term to 12/08 Tabled (2) IV Ross Library Board Alt 1 yr term to 12/08 Tabled (3) Mayor Taylor Library Board Alt 1 yr term to 12/08 Tabled (3) Weiland Planning & Development Bd. Alt 1 yr term to 12/08 Weiland Senior Advisory Bd Alt 1 yr term to 12/08 Tabled (3) II Hay Veterans Advisory Commission Alt 1 yr term to 12/08 Tabled (3) 2 Revised Agenda Regular City Commission Boynton Beach, FL January 15, 2008 VI. CONSENT AGENDA: Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. Minutes 1. Regular City Commission - January 2, 2008 B. Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2007-2008 Adopted Budget. 1. Approve negotiations of a contract with Stanley Consultants, Inc. of West Palm Beach, FL for the "OCEAN AVENUE - INTERSTATE 95 PROJECT ALTERNATE ACCESS ROUTE STUDY", RFQ #008-2513-08/JA. Commission approved this study for this site plan at the October 17, 2006 Commission meeting. C. Resolutions 1. Proposed Resolution No. R08-004 RE: Approving and authorizing the execution of an Agreement between the City of Boynton Beach and DiamondVision, LLC to allow DiamondVision to videotape baseball games at Little League Park.(Tabled to February 19, 2008)(Request to be heard on January 15, 2008) 2. Proposed Resolution No. R08-013 RE: Approving and authorizing execution of Amendment No.3, Task Order No.3, Brown and Caldwell in the amount of $38,265. Amendment 3 will compensate Brown and Caldwell for work that the City requested but was outside the scope of Amendments 1 and 2. 3. Proposed Resolution No. R08-014 RE: Approving support of the Florida League of Cities, Inc. key priority issues and urge members of the Florida Legislature to support those issues during the 2008 Legislative session. D. Approve the 2007-2008 Art in Public Places Plan and the Arts Commission future Master Planning initiative. E. Approve reduction in surety for the project known as Monterey Bay, reducing the required amount from the current value of $883,350.32 downward to $22,000. 3 Revised Agenda Regular City Commission Boynton Beach, FL January 15, 2008 VII. CODE COMPLIANCE & LEGAL SETTLEMENTS: None VIII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. None IX. CITY MANAGER'S REPORT: A. Discussion on timing of elections X. FUTURE AGENDA ITEMS: A. Discussion of disposition of Old High School - February, 2008 B. Resolution of Intent for Fire Assessment - February 5, 2008 C. Recommendations and Action Plan on City Green Task Force - February 19, 2008 D. Discussion of funding electronic agenda software XI. NEW BUSINESS: A. Discussion of cancellation of the second City Commission meeting in November 2008 due to the Thanksgiving holiday. XII. LEGAL: A. Ordinances - 2nd Reading - Development - PUBUC HEARING 1. Proposed Ordinance No. 07-038 RE: Approving annexation of .37 acres. (Ticket Clinic ANEX 07-001) 2. Proposed Ordinance No. 07-039 RE: Amending the Comprehensive Plan Future Land Use Map from CH/5 Commercial High with underlying Medium Density Residential of 5 du/ac (Palm Beach County) to Local Retail Commercial LRC. (Ticket Clinic LUAR 07-005) 3. Proposed Ordinance No. 07-040 RE: Approving the rezoning from CG General Commercial (Palm Beach County) to C-3 Community Commercial (Ticket Clinic LUAR 07-005) 4 - . - _....I . _ _ __ -1_ Revised Agenda Regular City Commission Boynton Beach, FL January 15, 2008 B. Ordinances - 2nd Reading - Non-Development - PUBUC HEARING 1. Proposed Ordinance No. 08-001 RE: Approving the transfer of Land Development Review responsibilities from the Community Redevelopment Agency (CRA) Board to the Planning and Development Board. C. Ordinances - 1st Reading 1. Proposed Ordinance No. 08-002 RE: Amending Part III, Land Development Regulations, Chapter 20, Buildings, Housing and construction Regulations, Article I, in general by amended Section 4, Fees, Subparagraph a; providing for building division fees. D. Resolutions: None E. Other: 1. CLOSED DOOR SESSION: Ric Man Construction, Inc., Doing Business as Richard Mancini Equipment Company, Plaintiff vs. The City of Boynton Beach, DefendantjThird Party Plaintiff, vs. Camp, Dresser & Mckee, Inc. and David J. Prah, P.E., Third Party Defendants. - Case No. 502006 CA 011893 XXXXMB AA 2. Commission Discussion and possible action regarding settlement of Ric- Man litigation XIII. UNFINISHED BUSINESS: None XIV. ADJOURNMENT: NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HElsHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HElsHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105) THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT JOYCE COSTELLO, (561) 742-6013 AT LEAST "TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST. REVISED Agenda 1/11/08 11:30 A.m. S:\CC\WP\CCAGENDA\AGENDAS\year 2008\011508 revised.doc 5 ~\1"Y o~ (:. .-:" .\ - .. - ~ ";~" ~/) ~i;-:r-C~:;~-'V III.-ANNOUNCEMENTS & PRESENTATIONS Item A.l 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 18,2007 December 3, 2007 (Noon) 0 February 19, 2008 February 4, 2008 (Noon) 0 January 2, 2008 December 17,2007 (Noon) 0 March 4, 2008 February 19,2008 (Noon) X January 15,2008 December 31, 2007 (Noon) 0 March 18,2008 March 3, 2008 (Noon) 0 February 5, 2008 January 14,2008 (Noon) 0 April 1, 2008 March 17,2008 (Noon) X PuInouncemen~fPresentations 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 upcoming Oceanfront Concert and the Boynton Beach Heritage Celebration Super Weekend and Concert. EXPLANATION: On Friday, January 18,2008, the City will present an Oceanfront Concert, featuring Phil Mann and his Alleged Orchestra. On February 15, 16, 17,2008, The Boynton Beach Heritage Celebration 2008 will present activities at The Hester Center which include: Children's Activities, Sports Tournaments and Art Exhibi~. On Saturday, February 16 there will be continuous entertainment on the main stage featuring: Marcus "Pleasure" Cooper, 11 & the Connection, Ms. Monique Mills, Strictly Business and Precious. Other activities include: Laser tag, Rock Climbing and Trackless Train. On Saturday, February 23,2008 there will be a FREE Concert featuring the Commodores on East Ocean Avenue between Seacrest and NE 1 st Street. A Private Party Tent will be set up for Donors, City officials and limited guests. . Friday, January 18, 2008, 6:00 PM - 9:00 PM at Oceanfront Park, 6415 N. Ocean Boulevard, Ocean Ridge. FREE . Saturday, February 23, 2008, 7:00 PM - 10:00 PM, the Commodores 100 block E. Ocean Ave. FREE. PROGRAM IMPACT: We wish to present quality events that will bring the residen~ of Boynton Beach and the surrounding communities into the downtown Boynton Beach area. FISCAL IMP ACT: The CRA is funding these events along with Ruden, McClosky for the Oceanfront Concert on January 18 ""d the Auburn Group fo, the Heritage Celebration. k City Manager's Signature Assistant to City Manager ~ ttJ4 ~~~t!2~ City Attorney / Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 0r\-rcv o~ ,':w. ,.'\\ i .... .... ..... \ III I, . :r o~~~~ "'01'1 'i? III.-ANNOUNCEMENTS & PRESENTATIONS Item C.l.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 City Clerk's Office Meeting Dates in to City Clerk's Office D December 18, 2007 December 3, 2007 (Noon) D February 19,2008 February 4, 2008 (Noon) D January 2, 2008 December 17, 2007 (Noon) D March 4, 2008 February 19, 2008 (Noon) X January IS, 2008 December 31, 2007 (Noon) D March 18, 2008 March 3, 2008 (Noon) D February S, 2008 January 14,2008 (Noon) D April 1,2008 March 17,2008 (Noon) X Announcements/Presentati ons D City Manager's Report NATURE OF D Administrative D New Business AGENDA ITEM D Consent Agenda D Legal D Code Compliance & Legal Settlements D Unfinished Business D Public Hearing D RECOMMENDATION: Announcement of Proclamation for "The Four Chaplains Memorial Services," EXPLANATION: Services are sponsored by the Boynton Veterans' Council and the City of Boynton Beach, Memorial Services are to be held on Sunday, February 3, 2008, at 3:00 PM. Services are to be conducted at the First Presbyterian Church of Boynton Beach, 235 SW 6th Avenue, Boynton Beach, Florida. See Press Release and Invitation attached. PROGRAM IMPACT: Part of the responsibilities of the Veterans' Advisory Commission, for which the Risk Manager is designated as Staff Liaison. FISCAL IMPACT: (Include Account Number where funds will come from) No department funds expended. ALTERNATIVES: No announcement of Proclamation or event. ~" Assistant to City Manager ~ RISK MANAGEMENT Department Name City Attorney I Finance RMNeterans Advisory Commission/Four Chaplains 2008 Agenda Item S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC CPYoc[a:mation WHEREAS, February 3, 2008 will mark the 65th Anniversary of the sinking of the troopship S' Dorchester, which carried to their deaths four Chaplains of three faiths who stood united in prayer as the ship went down; and WHEREAS, these four Chaplains - Roman Catholic, Jewish and Protestant gave their own life jackets to four soldiers and thus sacrificed their own lives to save the lives of others; and WHEREAS, it is fitting at a time when the freedom of the world is imperiled that the City of Boynton Beach, Florida should give special recognition to the memory of those who sacrificed their lives for the cause of freedom; and WHEREAS, the heroic deed of the four Chaplains and their combined act of supreme devotion and sacrifice for American liberty and human freedom will be an inspiring and ever-shining example of real brotherhood for all time to the people of the world; and I' WHEREAS, we must all see to it that their supreme sacrifice to the common cause of freedom an, justice for all shall not have been in vain. NOW, THEREFORE, I, Jerry Taylor, by virtue of the authority vested in me as Mayor of the City of Boynton Beach, Florida, hereby proclaim Sunday, February 3, 2008 to be observed as: "FOUR CHAPLAINS SUNDAY" and call upon all our citizens to commemorate the day with appropriate observances in public places and by prayers in their homes and houses of worship. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Boynton Beach, Florida, to be affixed at Boynton Beach, Florida, this 15th day of February 2008, Jerry Taylor, Mayor City of Boynton Beach ATTEST: City Clerk (Corporate Seal) ~\"'l' ,!-..o l::- i . ... / ' \, i ; , \p' ! :t 0\ IU ,$-''',''". ,.;//\7- ~ jy ""ON ~ [II.-ANNOUNCEMENTS & PRESENTATIONS Item C.2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office D December 18,2007 December 3,2007 (Noon) D February 19,2008 February 4,2008 (Noon) D January 2, 2008 December 17,2007 (Noon) D March 4, 2008 February 19,2008 (Noon) [8J January IS, 2008 December 31, 2007 (Noon) D March 18, 2008 March 3, 2008 (Noon) D February 5, 2008 January 14,2008 (Noon) D April 1,2008 March 17,2008 (Noon) [8J AnnouncementslPresentations D 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: Presentation ofthe American Assembly Implementation Education Sub-Committee. EXPLANATION: At the December 18, 2007 City Commission meeting a schedule of presentations from the Boynton Beach Assembly: Committing to our Future was approved. The schedule is as follows: Communications and Governance Education Infrastructure Neighborhood Revitalization/Affordable Housing Community Relations Wrap-up by Commission January 2, 2008 January 15, 2008 February 5, 2008 February 19, 2008 March 4, 2008 March 18,2008 Complete PROGRAM IMPACT: Depending on the sub-committee reports there are new programs and staff additions recommended. FISCAL IMPACT: No funds have been budgeted pending review and approval of the sub-committee recommendations. AL TERNA TIVES: This is an informational briefing. ~ City Manager's Signature Assistant to City Manager ~ , ~ IJ!~;::,:~ ,f:,(fCV City Attorney I Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC Boynton Beach Assembly 2007 EDUCA TION Sub-Committee Assignments Taken from Policy Statement Document. EDUCATION - A broad-based approach for education and youth oriented services. Again, there was a recommendation that the City hire a staff education liaison to the schools. Assiqnments for Education: The quality of local schools and other educational facilities and services is an important consideration in where people choose to work and live. This means that schools have a major impact on economic development. Action Item: Suggest ways that communication between the City and the school district needs to be improved, The City Commission should meet with the School Board of Palm Beach County on a regular basis and make it a priority to work on improving the reputation, quality, and facilities of public schools in Boynton Beach. Consideration should also be given to establishing a City position to serve as a liaison between the City Commission and the School Board of Palm Beach County. Action Item: Suggest ways to encourage all sectors of the community to re- evaluate their level of support and commitment to the schools within the City, The disparity between the enrollments of Boynton Beach High School and Park Vista High School will be addressed next year by adjusting school boundaries. The Boynton Beach community needs to start speaking out now about its interest in this decision. Action Item: Evaluate the quality of translation services for children who speak English as a second language, Action Item: Suggest ways to encourage community organizations, including the Greater Boynton Beach Chamber of Commerce, to increase its involvement in all grade levels in the City's schools. Action Item: Develop strategies to encourage involvement by parents and other stakeholders which can spur improvements in school performance and student achievement. Moreover, the City, through its Office of Public Affairs, should include information about Boynton Beach schools in its community newsletter and other public communications. Action Item: Promote the booster club for Boynton Beach High School. Action Item: Develop strategies for: a. Creating a Youth Center to draw children from the streets and involve them in constructive activities; b. Trying to attract a Boys and Girls Club to Boynton Beach; and c. Seeking funding for before- and after-school care, camp programs, and programs for the handicapped. d. Creating a task force with representation including but not limited to the City Commission, Police Department, Recreation and Parks, Education and Youth Advisory Board, the School Board of Palm Beach County, a teacher, and the head of the Boynton Beach High School Student Government to study, evaluate, and implement procedures to reduce drop-out rates, crime, and delinquency. Boynton Beach Assembly 2007 Education Sub-Committee Report August 2, 2007 The committee met weekly starting on June 14, 2007 on education related issues enumerated in the "Committing to Our Future" policy statement section five, subsections A & B as created by the Boynton Beach Assembly of October 2006.. Pamela Camel was voted to be committee Chair, and Jerry Less was chosen as Co-Chair. The committee developed the mission statement and vision statement. Committee Members are Pamela Camel, Chair, Jerry Less, Vice-Chair, Carol Lundquist, Steve Waldman, William LaBarr, Robert Kanjian, Steve Myott, Martha Meeks Light. Craig Clark and Wally Majors: City Staff Liaisons. It was agreed that each member bears responsibility for sending/emailing individual notes of each meeting to Wally Majors in order to chronicle the steps to achieving the mission and plan future agendas. Mission Statement: The sub-committee's primary mission is to identify resources for the support of the youth, parents, and schools within the Boynton Beach Learning Community. Vision Statement: To improve the reputation of the schools in Boynton Beach especially Boynton Beach High School. Policy Statement Item: Communication between the City and the school district needs to be improved. The City Commission should meet with the School Board of Palm Beach County on a regular basis and make it a priority to work on improving the reputation, quality, and facilities of public schools in Boynton Beach. Consideration should also be given to establishing a City position to serve as a liaison between the City Commission and the School Board of Palm Beach County, Scope of Study: 1. To identify resources for the support of youth, parents, schools, and the learning community. 2. To improve the quality and reputation of the schools in Boynton Beach. 3. To improve communication between parents and the learning community. 4. To close the communication gap between the City and Educators. 5. To engage the business community in educational ideas. 6. To make educational recommendations to the City Commission. Carole R, Shetler (South Area Superintendent) and Rod Montgomery were contacted to address the following: . The rational for placing various academies / magnet / choice schools in the City of Boynton Beach (particularly at Boynton Beach High School) . How to become a part of the interview panel for schools in the City of Boynton Beach in need of a Principal . The various industries Le. Scripps that have voiced interest in providing employment opportunities for the Palm Beach County Area and the steps the school system has or will implement in order to fulfill the employment needs . The District Organizational structure, duties and responsibilities and how the legislature of the State of Florida hears from Palm Beach County School District . The role the District wishes the City of Boynton Beach to pursue in supporting its schools Ms, Shetler and Ed Tierney, Assistant Principal, Boynton Beach High School also met with the committee to provide them a better understanding of the School District hierarchy and operations. Both provided excellent information and discussed the current challenges they are facing, The committee was excited to hear Mr. Tierney describe the school's four magnet programs; Aerospace Science; Dance; Theater and Vocal. The committee received marketing materials relating to the Aerospace Science Academy that outline the four year curriculum of the program. These will available at the library, Mr. Tierney will arrange a tour of Boynton Beach High School for the Committee and will participate in all future meetings. The committee appreciated the participation of Bob Kanjian, Palm Beach Co, School Board member, He discussed his efforts to legally organize and form a Booster Club at the High School and the Aerospace Program, Define the Current Situation: 1, Boynton Beach High School is a "D" rated school. There is a public perception that BBHS is a sub-standard school. There is a need to improve this reputation, 2, Must work with Quantum Park to improve the sidewalks that lead to Boynton Beach High School. 3, More people need to get involved with BBHS. A Booster Club legally exists, but needs more help, 4, BBHS students should be matched with business people in the community to obtain employment. Current Situation: Currently the City of Boynton Beach is reconnecting with key District officials in order to determine the level of need, determine realm of control and to plan methods of support. With the exception of individual projects, no on-going contact with the School Board of Palm Beach County presently exists. It was reported that it has been 4 to 5 years since the City has taken an active role in the overall support of schools that fall in the limits of Boynton Beach, Communication has been limited to individual schools or individual district officials requesting the aide of the City rather than the City taking the lead in marketing, proactively providing resources and problem solving with schools and the School District. School Board member and chairman, Bill Graham, is not listed as a member of the Subcommittee, but was also elected to represent a segment of the people of Boynton Beach. The Education and Youth Advisory Board has established a working relationship with the Principal of Boynton Beach High school in order to gain updates, hear concerns or needs, celebrate accomplishments and support programs. Of the fourteen public schools that rest within the boundaries of the City, eight are elementary schools, three are middle schools and three are high school. According to the Florida Department of Education academic achievement rating scale, five of the eight elementary schools are A-rated schools, two are B-rated and one is C-rated. Of the three middle schools, two are A-rated schools and one is a C-rated school. Of the three high schools in Boynton Beach, one is an A-rated school and two are D-rated schools. It appears that schools that serve a majority of the middle and high school-aged students from eastern Boynton Beach demonstrate the greatest disparities in academic achievement. Structurally, schools in Boynton Beach have modern facilities with the exception of Galaxy Elementary School. Identify Future Trends: 1. Student performance must improve at BBHS in order for the reputation to improve. 2. BBHS is planning on significant student gains. 3. BBHS is an up and coming school. Alternatives Investigated: 1. Providing campus tours may help improve BBHS reputation. Recommendations to Date: 1. The City should create an Education Coordinator position. The person hired for this position would be the "ombudsman" and serve as a contact between the Schools and the City of Boynton Beach and help solve issues, Delray Beach and Boca Raton both have a full-time Education Coordinator. This recommendation was endorsed by the Education and Youth Advisory Board. 2. Host a meeting with a facilitator with the Boynton Beach High School SAC committee and the Boynton Beach Chamber of Commerce to identify 3-5 ideas for this committee to work on. 3. The need to pursue allowing sidewalks in Quantum Park to be used by BBHS students should be done perhaps starting with someone from the City Manager's office. 4. This committee will help promote the new Aerospace Academy offered at the Boynton Beach High School. 5. Anne Watts, Assistant Library Director will join the SAC Committee at the Boynton Beach High School. 6. The disparity between enrollments of Boynton Beach High School and Park Vista High School will be addressed by adjusting school boundaries. The Boynton Beach community needs to start speaking out now about its interests in this decision, 7. The quality of translation services for children who speak English as a second language needs to be addressed. 8, Encourage greater involvement by the Boynton Beach Chamber of Commerce with all grade levels in the City's schools, 9, The City, through its Public Affairs office, should include information about Boynton Beach schools in its community newsletter and other public communications. STATUS UPDATE ON SUB-COMMITTEE ACTION ITEMS THAT HAVE BEEN OR ARE BEING ADDRESSED BY THE CITY AND CRA Education . The need to pursue allowing sidewalks in Quantum Park to be used by BBHS students should be done perhaps starting with someone from the City Manager's office. o There are sidewalks along the south side of Gateway that have been affected by construction and those sidewalks will be repaired, replaced and put into perpetual service. However, regarding the path that once extended along High Ridge road from Gateway, south to the rear school entrance, the City has met with and requested Quantum to replace this path and they have declined. This matter is beyond staff level. Unless the city finds cause to cite the POA or COD for removing the sidewalks along High Ridge, then the solution will be political in nature. . Anne Watts, Assistant Library Director will join the SAC Committee at the Boynton Beach High School. o Anne Watts is currently the City of Boynton Beach representative on the SAC Committee. V. ADMINISTRATIVE ITEM A. APPLICANT ELIGIBLE FOR APPOINTMENT 1/15/08 Last Name First Name 1 st Choice 2nd Choice Dwork Jonathan Planning & Dev. Bd. Norfus Victor Planning & Dev Bd. J 3" Choice VI.-CONSENT AGENDA ITEM B.l. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office D December 18, 2007 December 3, 2007 (Noon) D February 19,2008 February 4,2008 (Noon) D January 2, 2008 December 17,2007 (Noon) D March 4, 2008 February 19, 2008 (Noon) [gI January 15,2008 December 31,2007 (Noon) D March 18, 2008 March 3, 2008 (Noon) D February 5, 2008 January 14, 2008 (Noon) D April 1, 2008 March 17,2008 (Noon) ( D AnnouncementslPresentations D City Manager's Report NATURE OF D Administrative D New Business AGENDA ITEM [gI Consent Agenda D Legal D Code Compliance & Legal Settlements D Unfinished Business D Public Hearing D RECOMMENDATION: A motion to negotiate a contract with Stanley Consultants, Inc. of West Palm Beach, Florida for the "OCEAN AVENUE - INTERSTATE 95 PROJECT ALTERNATE ACCESS ROUTE STUDY", RFQ#008- 2513-08/JA. Commission approved this study for this site plan at the October 17, 2006 commission meeting. EXPLANATION: The Department of Public Works/Engineering Division put out an RFQ seeking a consultant engineering firm to study a possible alternate access route to the project site, specifically located at 5~518 W~st Ocean Avenue, which is located on the south side of West Ocean Avenue, directly abutting the east side'.:Gr the CSX Railroad corridor. Procurement Services opened and tabulated nine (9) proposals to our RFQ, "OCEAN ~Nu;E'i. INTERSTATE 95 PROJECT ALTERNATE ACCESS ROUTE STUDY". An evaluation committee was tliMneda@ reviewed all proposals. The committee consisted of: H. David Kelly, PE/PSM, Asst. Director of Public Worfsi Robert..: Bonagura, PE, Project Manager, Christopher Roschek, PE, Utility Engineer. Interviews were conducted on~' December 6, 12, and December 17, 2007, to determine a short list. A numerical scoring system was utilized to:Fyaluate .. each proposal against requirements established in the RFQ. All the proposals were ranked based upon the e~ation, criteria. Attached is the ranking sheet. It was determined that Stanley Consultants, Inc. was the most res~sive, responsible consultant that met all criteria. .....J' PROGRAM IMPACT: The firm will study a possible alternate access route to the project site located at 514 - 518 West Ocean Avenue, which is located on the south side of West Ocean Avenue, directly abutting the east side of the CSX Railroad corridor. FISCAL IMPACT: CP 0818 Account#: 302-4301-580-6308 Amount Budl!eted: 1,500,000.00 (total construction) A portion of these funds will be used to finance the consultant services as directed by the commission. An amount is to be determined upon negotiations with the consultant. S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC C: Jeff Livergood - Public Works Director David Kelley - Deputy Director of Public Works File (iY ..~ y CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Department Head's Signature k~ CIty Manager's SIgnature City Attorney Assistant to City Manager S\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC C: Jeff Livergood - Public Works Director David Kelley - Deputy Director of Public Works File DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION MEMORANDUM NO. 07.139 TO: Bobby Jenkins, Deputy Director Financial Services Department FROM: H. David Kelley, Jr., PEIPSM '\ Asst. Director ofP.W./City Engineer DATE: December 28, 2007 RE: RFQ Interviews and Recommendation Ocean Avenue - Interstate 95 Project Alternate Access Route Study Subsequent to our memorandum dated November 16,2007 to Jeff Livergood, the RFQ review team for the submitted responders reduced the firms considered for selection, and the need for further review and interviews on this project to (in alpha order): 1) Stanley Consultants, Inc., 2) The Corradino Group, and 3) URS Corporation Southern. Interviews were held on December 6th, 10th & 1 tho We then were advised that the review team was required to hold a public meeting to review all of the responding submittals in order to formulate a recommendation to the City Commission. There were two (2) public meetings held. These were on Wednesday, December 26th and this morning. We advised all in attendance the methodology use by the review team in short-listing the firms to the top three, and the subsequent individual interviews. Based on our interviews, we rank the firms in the following order: 1. Stanley Consultants, Inc. 2. The Corradino Group 3. URS Corporation Southern It is recommended that the top firm be recognized as the best firm for the study, and that the City Commission authorization be given to commence contract negotiations, in this order, pursuant to the CCNA, Florida Statutes. If you have any questions regarding this matter, please advise me. HDK P.S. Suggested language for City Commission agenda action is attached. xc: Jeff Livergood, PE, Director ofP.W. Dept. Robert Bonagura, PE, Proj. Mgr. (w/partial atch) Christopher Roschek, PE, Utility Engr. (w/partial atch) Carol Doppler, Purchasing Agent, Finance Dept. (w/partial atch) File POINT AWARD SUMMARY FOR SELECTING CONSULTANTS THE CITY OF BOYNTON BEACH DEPARTMENT OF PUBLIC WORKS / ENGINEERING DIVISION RFQ #008-2413-08/JA OCEAN AVENUE INTERSTATE 95 PROJECT ALTERNATE ACCESS ROUTE STUDY CONSULTANT'S NAME 0 = 0 EVALUATOR'S .El '+:1 0 NAME ~ ~ ~ eo ~ ~~ 8J 88- ] 2 ~~ ~~ Cl)U I ,....., ~ Bob Bonagura ../ H, David Kelley, Jr, I ~ :3 Christ Roschek I :3 Z TOTAL POINTS 3 B l RANKING \ 3 0- FORM IV (to be completed by Committee Chainnan.) Initials: ~, \ ~'J-~\ 0\ Date: POINT AWARD SUMMARY FOR SELECTING CONSULTANTS THE CITY OF BOYNTON BEACH DEPARTMENT OF PUBLIC WORKS / ENGINEERING DIVISION RFQ #008-2413-08/JA OCEAN AVENUE INTERSTATE 95 PROJECT ALTERNATE ACCESS ROUTE STUDY CONSULTANT'S NAME ] El EVALUATOR'S .~ 0 NAME ~ ~ ~ >>~ e- S o 5 0 ] ~ U..g Ug. ~~ ~cS CZlU Bob Bonagura I 3 (2 H. David Kelley, Jr. f ~ .3 Christ Roschek I ~ Z TOTAL POINTS 3 B l RANKING I -3 ~ FORM IV (to be completed by Committee Chairman.) Initials: ~, \ v\'l-~\ 0\ Date: POINT AWARD SUMMARY FOR SELECTING CONSULTANTS THE CITY OF BOYNTON BEACH DEPARTMENT OF PUBLIC WORKS / ENGINEERING DIVISION RFQ #008-2413-08/JA OCEAN AVENUE INTERSTATE 95 PROJECT ALTERNATE ACCESS ROUTE STUDY CONSULTANT'S NAME u Q ,9 EVALUATOR'S Q ...... 0 ...... (Ij ,S NAME zf .... 0 "'0 Q eo ell >,jg o Q ~ U 4) o 0.. 4) ::l ~l U ::l ] ~ 4) 0 IZlU ~Ci Bob Bonagura If 14- ~ - v~ H. David Kelley, Jr. 5r 14- 10 Christ Roschek Cf&'- 16 63 TOTAL POINTS 7Co/j 2Z~ 238 v T RANKING I 7 I , -..J . FORM IV (to be completed by Committee Chairman,) Initials: ":; Date: ,., ." hDj f, -- l -0{. , ~ ( EVALUATION FORM FOR SELECTING CONSULTANTS THE CITY OF BOYNTON BEACH DEPARTMENT OF PUBLIC WORKS / ENGINEERING DIVISION RFQ #008-2413-08-JA OCEAN AVENUE INTERSTATE 95 PROJECT ALTERNATE ACCESS ROUTE STUDY CONSUL TANT'S NAME: STA /v~'EY Col/.svL TANTSj / lVe-. POINT AWARD SCALE POINTS COMMENTS SELECTION CRITERIA AWARDED 1 Data Collection, studies/alignment Points... .... .... ,..... .. ...1 to 40 36 and engineering. 2 Draft report and initial presentation Points................... ...1 to 15 12 with engineering services 3 Recommended implementation ine!. 35" conceptual approvals ofFDOT, CSX Points ......................1 to 35 and City, 4 Final Presentation Points.. .. .. .. .. .. .. . .. .. ...1 to 10 ~ - )/ }-;R j G (??O 0 /)ETA/L/E lJ STt//?YAC/b'5S/# ~ /!Ej.oc~ ria /v t;8C>O / - C e; JV7 /I c7S w/TII ~~_ coAIT/!( '""Ty - W. ?AL!M ScH. 0):, ~/cE TOTAL POINTS AWARDED (Maximum = 100 points) 9/ REFER TO GUIDELINES CRITERIA FOR STAFF EVALUATION OF CONSULTANTS FOR SELECTING CONSULTANTS, EVALUATOR'S SIGNATURE: ~~/Z DATE:/~O~6;7 Before submitting Form III to the Committee Administrator, have an interacting discussion between the Committee Members on all Consultant interviewed. FORM III (to be completed by Evaluator.) EVALUATION FORM FOR SELECTING CONSULTANTS THE CITY OF BOYNTON BEACH DEPARTMENT OF PUBLIC WORKS / ENGINEERING DIVISION RFQ #008-2413-08-JA OCEAN AVENUE INTERSTATE 95 PROJECT ALTERNATE ACCESS ROUTE STUDY CONSULTANT'S NAME: 7711:- <:;'0 fi.R A I.J /1(0 G !?O!) j:J POINT AWARD SCALE POINTS COMMENTS SELECTION CRITERIA AWARDED 1 Data Collection, studies/alignment Points ......................1 to 40 32- and engineering. 2 Draft report and initial presentation Points ...........,......,...1 to 15 it with engineering services 3 Reconnnended implementation inc!. conceptual approvals ofFDOT, CSX Points ......................1 to 35 33 and City. 4 Final Presentation Points ......................1 to 10 ~ I //I~j/A cez:>)1/5[;i TI JJ ~ i.!/J 5 c; =of) /</<. kJL',K / Lf./J?C€ / 1/ -' .5 :x, r~cP/VT.7.I CD r /2A-"5 j2C>5A i /21 /5 S /11/ fj Jt"" 14L .- A/JJ>I:Ii/PPM Ij l.c',/f TOTAL POINTS AWARDED (Maximum = 100 points) 555 REFER TO GUIDELINES CRITERIA FOR STAFF EVALUATION OF CONSULTANTS FOR SELECTING CONSULTANTS, EVALUATOR'S SIGNATURE: ~~,/J~.-ahJJA~ I?E DATE: /2/L%/ (/ /1 ,/ Before submitting Form III to the Committee Administrator, have an interacting discussion between the Committee Members on all Consultant interviewed, FORM III (to be completed by Evaluator.) EVALUATION FORM FOR SELECTING CONSULTANTS THE CITY OF BOYNTON BEACH DEPARTMENT OF PUBLIC WORKS / ENGINEERING DIVISION RFQ #008-2413-08-JA OCEAN AVENUE INTERSTATE 95 PROJECT ALTERNATE ACCESS ROUTE STUDY u.R..$. CoR p. S0 UTI-li-KIlI CONSULTANT'S NAME: POINT AWARD SCALE POINTS COMMENTS SELECTION CRITERIA AWARDED 1 Data Collection, studies/alignment Points ......................1 to 40 27 and engineering. 2 Draft report and initial presentation Points ......................1 to 15 10 with engineering services 3 Recommended implementation inc!. conceptual approvals ofFDOT, CSX Points ......................1 to 35 30 and City. 4 Final Presentation Points ...........:..........1 to 10 7 - LA~C;E Cf?X'1? .u//T/I '4/1A/LA/3LE If ~ EX! ~ie. rE~S( wAleL -' JWANY' caNTAC7'5 - r-r ~AtI.oC5A' I?;q}.ff c ~r/'/CS TOTALPO~SAWARDED (Maximum = 100 points) 1'1 REFER TO GUIDELINES CRITERIA FOR STAFF EVALUATION OF CONSULTANTS FOR SELECTING CONSULTANTS. /~v4 DATE: / ;2j.o/ci7 EVALUATOR'S SIGNATURE: AA..nrE //.... (1 , . Before submitting Form III to the Committee Administrator, have an interacting discussion between the Committee Members on all Consultant interviewed. FORM ill (to be completed by Evaluator.) EVALUATION FORM FOR SELECTING CONSULTANTS THE CITY OF BOYNTON BEACH DEPARTMENT OF PUBLIC WORKS I ENGINEERING DIVISION RFQ #008-2413-08-JA OCEAN AVENUE INTERSTATE 95 PROJECT AL TERNATE ACCESS ROUTE STUDY /-- UJ I) S ()\ ~p.., 1.,) J ~.::, CONSULTANT'S NAME: 7ThtJI-'~ \ POINT AWARD SCALE POINTS COMMENTS SELECTION CRITERIA AWARDED 1 Data Collection, studies/alignment Points """"""".,.,....1 to 40 ,..-, --- and engineering, jt:? 2 Draft report and initial presentation Points.........,......... ..,1 to 15 ( D with engineering services , 3 Recommended implementation incl. ......,. conceptual approvals ofFDOT, CSX Points.................... ..1 to 35 /-~ C>' and City. 4 Final Presentation Points ......................1 to 10 -' ({) T ~,"-b 'J., G \.<t- 'PC_e::;.~-r .\ ;~ 'T (lJ1,j .)e~. ,~ ~-_.~O'~;;r- ~ Ch V/'<- I '- ~ r',::,JI)T I~\> Il<-.t <:.)\_~, ?:.::-tJf '---1;:="" lZE'f4-../t ~ /" n G:::;, "i. - '"'bSJ e'Q p.. L-- c. ....._l . ",_: "...- ~c{ ~.~..- - ' ~---=:::.:> J' ,---....-. (..J i~~ e V.j I l- ,<1;.:'- () F~*--:; 1-" ,-- .'" ,-;....- B -'Z>t5S., ~ TOTAL POINTS AWARDED (Maximum = 100 points) I - i ~ I \-' REFER TO GUIDELINES CRITERIA FOR STAFF EVALUATION OF CONSULTANTS FOR SELECTING CONSULTANTS. ({l~. ~i4 /. ;- , /;. . /'1y/;' .' 7/" \ / z./ (B ;",., EVALUATOR'S SIGNATURE: '.F (/'t...>' ...,.'. '. .~ DATE: IV \ "', \ ........~. Before submitting Form III to the Committee Administrator, have an interac~~discussion between the Committee Members on all Consultant interviewed.'< FORM ill (to be completed by Evaluator.) EVALUATION FORM FOR SELECTING CONSULTANTS THE CITY OF BOYNTON BEACH DEPARTMENT OF PUBLIC WORKS I ENGINEERING DIVISION RFQ #008-2413-08-JA OCEAN AVENUE INTERSTATE 95 PROJECT ALTERNATE ACCESS ROUTE STUDY CONSULTANT'S NAME: POINT AWARD SCALE POINTS COMMENTS AWARDED SELECTION CRITERIA Data Collection, studies/aligmnent and engineering. Points ......................1 to 40 ~l) 2 Draft report and initial presentation Points ......................1 to 15 with engineering services (D 3 Recommended implementation incl. conceptual approvals ofFDOT, CSX Points..................... ,1 to 35 and City. ~'o 4 Final Presentation Points ............:.........1 to 10 4- Lese:: ~~'N\ VJ - G c-p<) CODay ',),:) t ':..J..,. \..\:? €: CJ TOTAL POINTS AWARDED (Maximum = 100 points) 1+- REFER TO GUIDELINES CRITERIA FOR STAFF EVALUATION OF CONSULTANTS FOR SELECTING CONSULTANTS. DATE: /2-//8/07 EVALUATOR'S SIGNATURE: Before submitting Form III to the Committee Administrator, havetan inte Members on all Consultant interviewed. FORM ill (to be completed by Evaluator.) EVALUATION FORM FOR SELECTING CONSULTANTS THE CITY OF BOYNTON BEACH DEPARTMENT OF PUBLIC WORKS I ENGINEERING DIVISION RFQ #008-2413-08-JA OCEAN AVENUE INTERSTATE 95 PROJECT ALTERNATE ACCESS ROUTE STUDY \~ Co P..s7 0- D ( 1',J ,r- CONSUL TANT'S NAME: (~ l....9-P-B U C \ POINT AWARD SCALE POINTS COMMENTS SELECTION CRITERIA AWARDED 1 Data Collection, studies/alignment Points. , .. , , , , , , , , , , , , , , , , ..1 to 40 ~ and engineering, 2 Draft report and initial presentation Points......................1 to 15 10 with engineering services 3 Recommended implementation incl. conceptual approvals ofFDOT, CSX Points ......................1 to 35 d5 and City, 4 Final Presentation Points ......................1 to 10 5 I ,:~~)i..: ,.;", t" , 'E"",- ,C':-\ 'J /~-c , .-)\J ~' r:.."i I"... i !l" '.' Ji ;" , }~o. r \ "....,.o.' Lo. "> <,,~... ('; f'\ ,-- v') I i, '\1 'y ,_. D \?V~ D6 \0 "J 'PI 'Jv\ - \o.o." ~, \ '~D,_iy';'! / TOTAL POINTS AWARDED (Maximum = 100 points) ~1 0 \ REFER TO GUIDELINES CRITERIA FOR STAFF EV ALUA TIQN OF CONSULTANTS FOR SELECTING CONSULTANTS, ~ ',/ /~ ' 1,/~<?<~/~/-'" >, , , 'G,ir"-' EVALUATOR'S SIGNATURE: DATE: i ' "i rJ ) I ~ Before submittin Form III to the Committee Administrator have an iI1teractin discussion between the Committee / .,:- g Members on all Consultant interviewed. g FORM III (to be completed by Evaluator.) EVALUATION FORM FOR SELECTING CONSULTANTS THE CITY OF BOYNTON BEACH DEPARTMENT OF PUBLIC WORKS / ENGINEERING DIVISION RFQ #008-2413-08-JA OCEAN AVENUE INTERSTATE 95 PROJECT AL TERNA TE ACCESS ROUTE STUDY CONSULTANT'S NAME: Stanlev Consultants, Inc. POINT AWARD SCALE POINTS COMMENTS SELECTION CRITERIA AWARDED Provided detailed I Data Collection, studies/alignment Points .".",.""",'., , . ,.1 to 40 37 route analysis and and engineering. options Comprehensive 2 Draft report and initial presentation Points ......................1 to 15 14 and thorough with engineering services written report with a focus on City's needs Excellent 3 Recommended implementation incl. understanding of conceptual approvals ofFDOT, CSX Points ...................,..1 to 35 32 approval process and City, and FDOT's policy for new grade crossings, former FDOT employees on team Thorough 4 Final Presentation Points .....................,1 to 10 9 presentation of firm's capabilities and understanding of the proiect TOTAL POINTS AWARDED (Maximum = 100 points) 92 REFER TO GUIDELINES CRITERIA FOR STAFF EV ALUA nON OF CONSULTANTS FOR SELECTING CONSULTANTS, d-frL T? eLL EVALUATOR'S SIGNATURE: ;]- DATE: 12/2-0 / Cf 1 ' Before submitting Form III to the Committee Administrator, have an interacting discussion between the Committee Members on all Consultant interviewed, FORM In (to be completed by Evaluator.) EVALUATION FORM FOR SELECTING CONSULTANTS THE CITY OF BOYNTON BEACH DEP ARTMENT OF PUBLIC WORKS / ENGINEERING DIVISION RFQ #008-2413-08-JA OCEAN A VENUE INTERSTATE 95 PROJECT ALTERNATE ACCESS ROUTE STUDY CONSULTANT'S NAME: The Corradino GrouD POINT A WARD SCALE POINTS AWARDED COMMENTS SELECTION CRITERIA TOTAL POINTS AWARDED (Maximum = 100 points) 83 I REFER TO GUIDELINES CRITERIA FOR STAFF EV ALUA TION OF CONSULT ANTS FOR SELECTING CONSUL T ANTS, EV ALUA TOR'S SIGNATURE: /' I ~I c.L . L- a { ----; fS eJ:/ DATE: (2/2-0{07 I I .------ Before submitting Form III to the Committee Administrator, have an interacting discussion between the Committee Members on all Consultant interviewed, FORM III (to be completed by Evaluator.) EV ALUA TION FORM FOR SELECTING CONSULTANTS THE CITY OF BOYNTON BEACH DEPARTMENT OF PUBLIC WORKS / ENGINEERING DIVISION RFQ #008-2413-08-JA OCEAN AVENUE INTERSTATE 95 PROJECT AL TERNA TE ACCESS ROUTE STUDY CONSUL T ANT'S NAME: URS COrDoration Southern POINT AWARD SCALE POINTS COMMENTS SELECTION CRITERIA AWARDED Solid engineering 1 Data Collection, studies/alignment Points.................,... ,I to 40 35 concepts, showed and engineering. general route but no specific alignment options Thorough written 2 Draft report and initial presentation Points ,.......,.............1 to 15 13 proposal and good with engineering services understanding of project Good general 3 Recommended implementation incl. approach, but did conceptual approvals ofFDOT, CSX Points,.................... ,I to 35 25 not demonstrate and City, detailed knowledge of FDOT/CSX approval orocess Presentation 4 Final Presentation Points ..................... ,I to 10 5 lacked specifics of how the team would approach the project TOTAL POINTS AWARDED (Maximum = 100 points) 78 REFER TO GUIDELINES CRITERIA FOR STAFF EV ALUA TION OF CONSULTANTS FOR SELECTING CONSULTANTS, CL~L EVALUATOR'S SIGNATURE: ,~- R& DATE: 12/2:0 10"7 I / Before submitting Form III to the Committee Administrator, have an interacting discussion between the Committee Members on all Consultant interviewed, FORM III (to be completed by Evaluator.) [~]!A~~ OCEAN 95 EXCHANGE PLAZA Site Plan approval for this project was approved by the City Commission on 10/17/06 with 35 Conditions of Approval (COA). The Ocean 95 Exchange Plaza project is located west of 1-95 at the former 4-Steel property, with access across the CSX railroad at West Ocean Avenue. The first review of the proposed record plat received on 4/02/07, was responded to the plat preparer on 4/24/07. No further submittal has been received. Alternate access re-routing will be studied per the direction of the City Commission at their 7/03/07 meeting. The Department of Public Works / Engineering Division put out an RFQ on 09/14/07, seeking a consultant engineering firm to study a possible alternate access route to the project site, specifically located at 514 - 518 West Ocean Avenue, which is located on the south side of West Ocean Avenue, directly abutting the east side of the CSX Railroad corridor. RFQs were received on 10/23/07, and an Engineering Review Team began evaluation of the nine (9) responders. A team memorandum was issued to the Department Director on 11/16/07 listing the top three (3) firms, requesting authorization for the interview process. Interviews were held on 12/06, 10 & 17/07. The Interview Team recommends that the firm of Stanley Consultants, Inc. be recognized as the consultant firm best qualified to perform the alternate access route study, and that Public Works Department / Engineering Division be authorized to negotiate a consultant contract with this firm. In the event an acceptable contract cannot be agreed upon, the Interview T earn can negotiate with the second ranked firm for the study. The third rank firm could be included if the first two firms are found not to be amendable to an acceptable contract. <Jj oj c & ~ .Q 0 :s >- >. 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CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORlVl 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 18, 2007 December 3, 2007 (Noon) D February 19, 2008 February 4, 2008 (Noon) January 2, 2008 December 17,2007 (Noon) D March 4, 2008 February 19,2008 (Noon) ~ January IS, 2008 December 31, 2007 (Noon) D March 18, 2008 March 3, 2008 (Noon) February S, 2008 January 14, 2008 (Noon) D April I, 2008 March 17,2008 (Noon) D Announcements/Presentations D City Manager's Report NATURE OF D Administrative D New Business AGENDA ITEM X Consent Agenda D Legal D Code Compliance & Legal Settlements D Unfinished Business D Public Hearing D RECOMMENDATION: Motion to approve and authorize the execution of an Agreement between the City and DiamondVision, LLC to allow DiamondVision to videotape baseball games at Little League Park. EXPLANATION: DiamondVision, LLC is an online provider of youth sports events. They have received permission from the East Boynton Little League to provide this service to their organization. This requires the installation of a camera, internet service and computer hookup at Little League Park. DiamondVision agrees to obtain written authorization from the parent of every participant acknowledging that they are aware of and consent to their child being videotaped and/or their image being electronically transmitted to the Internet. PROGRAM IMP ACT: There will be no program impact to the City. FISCAL IMPACT: This is at no cost to the City. DiamondVision will contribute a minimum of $1,00 to East Boynton Little League for every paid subscriber. East Boynton Little League is in agreement. AL TERNA TIVES: Do not approve the Agreement. ~~ City Manager's Signature Assistant to City Manager ~ ~ ~;;~~ ---- Department t=read's Signature Department Name Recreation and Parks City Attorney / Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 2 3 4 5 6 7 8 9 10 11 12 13 RESOLUTION NO. R08 - oat A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND DIAMONDVISION, LLC., FOR THE FILMING AND WEBCASTING OF LITTLE LEAGUE BASEBALL GAMES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the East Boynton Beach Little League has granted DiamondVision, 14 LLC., permission to film and webcast their games which allows parents to be able to view 15 their children with either a CD or on-line; and 16 WHEREAS, upon recommendation of staff, it is the City's desire to enter into an 17 Agreement with DiamondVision, LLC" for the filming and web casting of Little League 18 baseball games. 19 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 20 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 21 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed 22 as being true and correct and are hereby made a specific part of this Resolution upon 23 adoption. 24 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby 25 approves and authorizes the execution of an Agreement with DiamondVision, LLC., for 26 the filming and webcasting of Little League baseball games, a copy of the Agreement is 27 attached hereto as Exhibit "A". 28 Section 3. That this Resolution shall become effective immediately. S :\CA \RE SO\Agreements\DiamondVision,doc PASSED AND ADOPTED this 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 ATTEST: 21 22 23 24 25 Janet M. Prainito, CMC 26 City Clerk 27 28 29 30 (Corporate Seal) 31 32 33 :\CA \RESO\Agreements\DiamondVision ,doc ~ . day of January, 2008. CITY OF BOYNTON BEACH, FLORIDA Mayor - Jerry Taylor Vice Mayor - Jose Rodriguez Commissioner - Ronald Weiland Commissioner - Woodrow L. Hay Commissioner - Marlene Ross AGREEMENT BETWEEN DIAMONDVISION GROUP, LLC AND CITY OF BOYNTON BEACH FOR THE FILMING AND WEB CASTING OF LITTLE LEAGUE BASEBALL GAMES The parties, City of Boynton Beach ("CITY") whose address is and DiamondVision Group, LLC ("DIAMOND VISION") whose address is , for good and valuable consideration, hereby agree as follows: WHEREAS, CITY owns real property located at (" Property"); WHEREAS, CITY has granted Little League Baseball, Inc. and East Boynton Beach Little League the right to use the above described Property for the purpose of a youth baseball league; WHEREAS, Little League Baseball, Inc. has granted DIAMOND VISION the right to film and webcast East Boynton Beach Little League games ("Production") to be held at the above described Property; and WHEREAS, CITY has an interest in the promotion, maintenance and well being of the East Boynton Beach Little League and that CITY will derive a benefit from the Production; 1) CITY hereby consents to permit DIAMOND VISION, its employees, and agents, to cause to be installed at the Property all necessary production equipment and materials necessary to video, record, store, and broadcast video footage via the internet. A more particular description of the equipment and manner of installation is as follows: Instillation will include adequate internet service, high resolution cameras, CPD's, router's, graphic cards, and cabling. Camera's will be installed behind home plate backstop, in protective housing. Computer equipment will be housed in the press box. 2) CITY additionally hereby consents to permit DIAMOND VISION to video, record, and broadcast video footage, still photos and sound recordings of Property and all persons located on Property consistent with local, state, and federal laws. The Production equipment shall remain the property of DIAMOND VISION. 3) In connection with said Production, DIAMOND VISION will hold CITY harmless from any damage to the Property caused by its agents, employees or Production equipment. 4) CITY warrants that it has the sole legal right and power to grant the rights granted herein. CITY acknowledges and aggress that all right, title and interest in all footage of the Property filmed by Company during the aforementioned little league games will forever belong solely and completely to DIAMOND VISION for its use in any manner and media it sees fit. CITY agrees that DIAMOND VISION many forever use and authorize others to use the likeness and information concerning the Property for program publicity and institutional promotional purposes in connection with Production. 5) The term of this Agreement, and the rights granted herein, shall be indefinite. Either party may cancel this Agreement upon Sixty (60) days written notice of their intent to cancel this Agreement. However, the rights granted in Paragraph 4 of this Agreement shall continue indefinitely despite cancellation. Furthermore, CITY agrees to all 6) Parental authorization. DIAMOND VISION agrees to obtain either directly or in Conjunction with Little League Baseball Inc., or East Boynton Beach Little League written authorization from every parent of the participants in the East Boynton Beach Little League acknowledging that they are aware and/or consent to their child being videotaped or their image electronically transmitted or broadcast on the internet. 7) Background Check. All DIAMOND VISION principals, employees, personnel, members or staff performing any work under this Agreement must undergo a criminal background check prior to entering onto the property. The CITY shall perform the necessary background checks and DIAMOND VISION agrees to pay all costs associated therewith. It is the sole discretion of the CITY to determine whether the information revealed in such background checks would result in a security breach and the CITY may immediately terminate this Agreement. Diamond Vision must submit the name and social security number of any principal employee, personnel, member and/or staff it wishes to utilize in the performance of all work under this Agreement to the CITY for approval by the CITY before the employee, personnel, member and/or staff is allowed to perform any work hereunder. 8) Time of work. DIAMOND VISION hereby agrees that all work performed by any subcontractors and/or those persons of which no background check has been performed as described herein, including the installation and/or maintenance of the equipment relating to this Agreement, will be performed at a date and time when no children are present at the park. 9) A minimum of$1.00 per paid subscriber, per season to the DIAMOND VISION webcasting service will be contributed for the benefit of East Boynton Beach Little League. City of Boynton Beach DiamondVision Group, LLC By: By: Printed Name: Printed Name: Title: Title: Date: / / Date: / / --- '. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written above. WITNESSES: CITY OF BOYNTON BEACH By Mayor By City Manager (CORPORA TE SEAL) ATTEST: City Clerk Approved as to form: City Attorney WITNESSES: WEA THERFLOW, INC, President [Print/type Name] Attest: Secretary [Print/type Name] STATE OF FLORIDA ) )ss: Page 1 of2 COUNTY OF PALM BEACH: ) The foregoing instrument was acknowledged before me this , 2007 by and , as President and Secretary, respectively, of DiamondVision, LLC., a Florida corporation, on behalf of the corporation. They are personally known to me or have produced as identification and did not (did) take an oath, (SEAL) Name of Notary Typed, Printed or Stamped My Commission Expires: Commission Number Notary Public, State of Florida Signature of Notary taking Acknowledgment Page 2 of2 VI.-CONSENT AGENDA ITEM C.2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office J December 18, 2007 December 3,2007 (Noon) D February 19,2008 February 4, 2008 (Noon) D January 2, 2008 December 17,2007 (Noon) D March 4, 2008 February 19,2008 (Noon) g] January IS, 2008 December 31,2007 (Noon) D March 18, 2008 March 3, 2008 (Noon) D February S, 2008 January 14,2008 (Noon) D April I, 2008 March 17,2008 (Noon) 0 D Announcements/Presentations D City Manager's Report _.~j CJ NATURE OF D Administrative D New Business n q c'") AGENDA ITEM ~ Consent Agenda D Legal w :) :J , D D Un[mished Business " Code Compliance & Legal Settlements . D Public Hearing D --0 (J) a RECOMMENDATION 0 ) Motion to approve and authorize the execution of a resolution for Amendment No, 3, Task Order No.3, Bro'Ml and CaldWeR in an amount of $38,265. Amendment 3 will compensate Bro'Ml and Caldwell for work that the City requested but were outside the scope of Amendments 1 and 2, EXPLANATION" The City Commission approved Task Order No.3, on May 2005, to develop a business Case Evaluation (BCE). The BCE was needed to support the development of a long-term water treatment and supply plan, as well as prioritize and streamline the Capital Improvement Plan (CIP), of the City's utility program, Subsequently, Amendments 1 and 2 were generated. Amendment 1 was issued on February 21, 2006, to review regulatory requirements needed to modify the Utility's Consumptive Use Permits (CUP), and develop alternative water supply strategy with lower risk and lower capital costs than plans previously developed, Ultimately, two fully developed alternative plans, and a third partially developed plan, were presented to the commission on July 11, 2006, On July 31, 2006, Amendment 2 was authorized to further develop Alternative 3 of the water supply plan, as required by the City Commission, This additional work included a preliminary design and formal cost estimate of Alternative 3 that the commission had expressed interest in, Consequently, a more detailed and completed assessment of alternative 3 was presented to the City Commission by the consultant on September 6, 2006. Amendment No.3 is a request to recover the cost of additional work not covered under previous amendments to Task Order No, 3 of the BCE, During Amendments 1 and 2 the City made several unanticipated changes, and requested additional services, not authorized under those amendments and previous task orders. Such work included additional meetings with South Florida Water Management District (SFWMD), life-cycle cost analyses for the three alternatives, a presentation to the City Commission, and an integrated summary of all the tasks and amendments conducted in the BCE project. PROGRA.l\1 IMP ACT Amendment No, I involved initial BCE presentations, including broad overview and detailed concepts, to the City Manager. It developed the Water Supply and Treatment plans, reviewed regulatory policies, and initiated meetings with SFWMD. Amendments 2 and 3 revealed new Regulatory policies that had fatal-flawed prior water alternatives, Under these two latter amendments, alternatives that were more aligned with new regulatory policies were developed, Further, presentations necessary to fully acquaint, and gain the approval of, the City Commission, were made on the water supply plans, S:\BULLETIN\FORMS:AGENDA ITEM REQUEST FORf\1.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM FISCAL IMPACT: Funds are available in Utilities' account numbers 404-5000-590-96-01 WTR098 (expansion related) and 403-5000-590-96-10 WTR130 (non-expansion related). Task No Descrintion Amount Task 1 Additional Meetines $ 4.500 Task 2 Sunnlemental Analvsis (74%) $ 22,500 Task 3 Presentation to Commission $ 3.000 Task 4 Project Summary $ 8,265 Total $ 38.265 ALTERN. A,TIV.~:Th,e\work associated W,i,t.h. this Amendment has already 2 b,en ompleted. ,I, .' ~G1-, f /J (/~:~ ~ " ,\.-v" - ~'/'j u,JiIl~ Kofi Boateng, Kurt Bressner, Utilities Director City Manager Utilities Department Department Name ~ Carisse Lejeune, Assistant to City Manager City Atto S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC 1 RESOLUTION NO. R08- 2 3 A RESOLUTION OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, AUTHORIZING EXECUTION OF 5 AMENDMENT NO. 3 TO TASK ORDER NO. 3 TO 6 BROWN AND CALDWELL FOR WORK THAT WAS 7 REQUESTED OUTSIDE THE SCOPE OF 8 AMENDMENTS 1 AND 2 IN THE AMOUNT OF 9 $38,265.00; AND PROVIDING AN EFFECTIVE DATE. 10 11 12 WHEREAS, the City Approved Task Order No. 3 on May 2005, to develop a 13 business Case Evaluation which was needed to support the development of a long-term 14 water treatment and supply plan; and 15 WHEREAS, During Amendments 1 and 2 the City made several unanticipated 16 changes and requested additional services not authorized under those amendments and 17 previous Task Order. Amendment No.3 to Task Order No, 3 is a request to recover the cost 18 of additional work not covered under previous amendments to Task Order No.3 of the BCE; 19 and 20 WHEREAS, the City is exploring options to this limitation and seeking a longr 21 permit term so as to be assured that its capital investments in treatment plant capacity can be 22 used to meet long-term growth demands; and 23 WHEREAS, the City Commission, upon staff's recommendation, has deemed it 24 appropriate and in the best interests of the public to approve Amendment No.3 to Task 25 Order No.3 in the amount of $38,265.00 with Brown and Caldwell, 26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 27 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: S\CA\RESOlAgreements\Task - Change OrderslAmendment No 3 - Brown and Caldwell Task Order 3,doc Section 1, The foregoing "Whereas" clauses are hereby ratified and confirmed as 2 being true and correct and are hereby made a specific part of this Resolution upon adoption 3 hereof. 4 Section 2, The City Commission of the City of Boynton Beach, Florida does 5 hereby authorize and direct the approval and execution of Amendment No, 3 to Task Order 6 No.3 in the amount of $38265.00 with Brown and Caldwell for additional work performed 7 that was not covered under previous amendments, 8 Section 3, This Resolution shall become effective immediately upon passage, 9 PASSED AND ADOPTED this _ day of January, 2008. 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 CITY OF BOYNTON BEACH, FLORIDA Mayor ~ Jerry Taylor Vice Mayor - Jose Rodriguez Commissioner - Ronald Weiland Commissioner - Woodrow L. Hay Commissioner - Marlene Ross ATTEST: Janet M. Prainito, CMC City Clerk (Corporate Seal) S \CAIRESOlAgreements\Task ,Change OrderslAmendment No 3 - Brown and Caldwell Task Order 3 doc B ]~ 1'1 \\ \. ',"; I, -\ ~ I) ',\ , [, L Amendment No.3 to Brown and Caldwell Task Order No.3 Water Supply Options SFWMD Consumptive Use Permit SECTION 1 - BACKGROUND On May 9, 2005, Brown and Caldwell was issued Task Order No, 3 to conduct a Business Case Evaluation (BCE) for the City of Boynton Beach (City). The BCE developed and evaluated various opportunities for the City to meet its long-term water supply and treatment needs in a more cost-effective manner than a plan that was currently being considered City. Amendment No.1 to Task Order No.3 was issued to Brown and Caldwell on February 21, 2006. Under this task, Brown and Caldwell reviewed Consumptive Use Permits (CUP) held by adjacent utilities, reviewed operational data from utilities using the Floridan Aquifer as a raw water source, discussed opportunities with the SFW'MD to modify the existing CUP, and developed an alternative that would satisfy the City's water supply strategy with lower risk and lower capital cost compared with the expansion of the City's East Water Treatment Plant, On June 28, 2006, Brown and Caldwell submitted a memorandum to the City summarizing the results of the BCE analysis. The memorandum summarized the components and life- cycle costs of the two alternatives that met the goals established in Amendment No, 1 and presented a third alternative Vllternative 3) that potentially held even greater benefits to the City. The results of the analysis were presented to the City Commission on July 11, 2006, with the caveat that Alternatil}e 3 needed additional evaluation. The Commission was pleased with the study and requested that Brown and Caldwell perform additional analysis on Alternative 3, Additional assessment for Alternatil}e 3 was funded under Amendment 2 to Task Order No.3. In summary, this alternative consisted of the following elements: . Part 1 - Convey water from the City's west surficial well field to the East Water Treatment Plant . Part 2 - Convert the West Water Treatment Plant from nano-ftltration into a low pressure reverse osmosis (LPRO) treatment facility. This will require the construction of up to 7 upper Floridan Aquifer production wells I [\Iore detailed findings from an aSSeSS1Tlent of /lItenzatit'c 3 were summarized 111 a memorandum and presented to the City Commission on September 6, 2006, During the course of completing work for "\mendment 1, a series of changes occurred that resulted in Brown and Caldwell incurring greater expenses that anticipated, In addition, we were asked to complete several tasks that were outside of our scope of work covered in the original Task Order No, 3 and Amendments 1 and 2, The additional services provided 1)\ Brown and Caldwell were discussed with the City ivIanager and the l~tilities Director and were documented in a memorandum dated August 16,2007. This Amendment 3 is a forma] request to recover expenses incurred while conducting work on behalf of the City, SECTION 2 - OBJECTIVES This Amendment 3 to Task Order 3 is a request to recover expenses previously incurred on behalf of the City during the development of the Business Case Evaluation and subsequent tasks. SECTION 3 - SCOPE OF WORK The following additional services were provided to the City during the completion of Task Order 3: . Meetings with SFWMD - Two additional meetings were conducted with SFWMD to discuss water supply strategies and how these may be interpreted under the District's new evaluation criteria. In April 2006 (the middle of this project), SFWMD issued a policy stating that no additional water would be made available from the regional system. This policy directly impacted the proposed alternatives that Brown and Caldwell had begun to develop and required reconsideration and additional effort. . Additional Analysis - Brown and Caldwell conducted life cycle analyses on 3 additional alternatives prior to presentations to Commission on July] 1, 2006. The life cycle cost analyses included analyses of capital investment. operations and maintenance expenditures and replacement costs associated with the three new alternatives. This additional work was not funded, . Presentation to Commission - On July 11, 2006, Mr. Olson made a presentation to Commission summarizing the City" s water balance and proposing three potential alternatives. The presentation was well received and was later provided electronically to the City for internal use. . Summary Report - In February 2007, Brown and Caldwell submitted a summary report to the City documenting the entire Business Case Evaluation process. This report was submitted on February] 6,2007, and was prepared at the request of the Utilities Director. SECTION 5 - PROJECT SCHEDULE Work was completed on these tasks prior to February 2007. } SECTION 6 - COMPENSATION Compensation for services rendered under this Task Order 3 - Amendment No.3 will be a Lump Sum Fee of $38,265, in accordance with terms and conditions defined in the Professional Services Agreement dated November 18,2003, and as revised from time to time. A single invoice will be submitted based on work previously completed. The total fee is based on the additional expenses actually incurred on this project and is distributed among the four (4) tasks shown below. Task 1 - Additional Regulatory Meetings $4,500 Task 2 - Supplemental Analysis (74%) $22,500 Task 3 - Presentation to Commission (12%) $ 3,000 Task 4 - Project Summary $8,265 Total Fee $38,265 SECTION 7 - AUTHORIZATION DA TED this day of ,2007 Kurt Bressner City Manager /~~9'~, ,Id. well 'H" ~I " . Jk; ?/JJ . ;~ Ronald M. Ash, P,E, Vice President CITY OF BOYNTON BEACH Attest / Authenticated: City Clerk Approved as to Form: Attest / Authenticated: Office of the City Attorney Secretary / Notary 3 VI.-CONSENT AGENDA ITEM C.3 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 City Clerk's Office Meeting Dates in to City Clerk's Office D December 18, 2007 December 3,2007 (Noon) D February 19,2008 February 4, 2008 (Noon) D January 2, 2008 December 17, 2007 (Noon) D March 4, 2008 February 19,2008 (Noon) [gJ January IS, 2008 December 31, 2007 (Noon) D March 18,2008 March 3, 2008 (Noon) D February S, 2008 January 14,2008 (Noon) D April I, 2008 March 17,2008 (Noon) D AnnouncementslPresentations D City Manager's Report NATURE OF D Administrative D New Business AGENDA ITEM [gJ Consent Agenda D Legal D Code Compliance & Legal Settlements D Unfinished Business 0 Public Hearing D RECOMMENDATION: To adopt Resolution No. 08-_ that supports the Florida League of Cities, Inc., key priority issues and urge members of the Florida Legislature to support those issues during the 2008 Legislative Session. EXPLANATION: The Florida League of Cities, Inc. was created and designed to meet and serve the needs of Florida's municipal officials, who recognize they can best solve their common challenges with a united effort. Membership is comprised of voluntary participation from 412 Florida municipalities and 4 of the 18 chartered counties. The key issues included in this resolution were adopted by the League membership at the recent Legislative Conference and address Affordable Housing, Environmental Permits, Growth Management, Local Business Taxes, Local Government Pension Plans, Mobile Home Park Closures, Municipal Indebtedness, Property Tax Reform, Transportation, and Water. PROGRAM IMP ACT: Should the City Commission vote to adopt this resolution, copies of the adopted resolution will be sent to Governor Charlie Crist, Senate President Ken Pruitt, Speaker of the House Marco Rubio, and Boynton Beach's local legislative delegation. This gives Boynton Beach the opportunity to shape legislation by adding our voice with other like-minded municipalities in order to combine and concentrate our influence upon other lawmaking bodies. FISCAL IMPACT: N/ A : Not to adopt the resolution ~ City Manager's Signature Assistant to City Manager ~ r;,q ~&rf off, (.V artment Name City Attorney / Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 RESOLUTION NO. R08- 2 3 A RESOLUTION OF THE CITY COMMISSION OF 4 THE CITY OF BOYNTON BEACH, URGING 5 MEMBERS OF THE FLORIDA LEGISLA TURE TO 6 SUPPORT THE FOLLOWING ISSUES DURING THE 7 2008 LEGISLATIVE SESSION. 8 9 10 11 WHEREAS, as Florida's population continues to increase, cities are challenged to 12 meet the service demands and infrastructure needs to account for new gro\\<1h: and 13 WHEREAS, a majority of Florida's municipalities are challenged to meet the 14 increasing infrastructure, affordable housing, transportation, and water quality needs of their 15 citizens; and 16 WHEREAS, the state has imposed grater accountability in comprehensive planning 17 and fiscal feasibility standards on municipalities; and 18 WHEREAS, Florida's municipalities are dependent on other governmental entities 19 for financial stability and presently the state, counties, and school districts. control every 20 funding source that has been authorized for implementing growth management capital 21 improvements and complying with concurrency requirements; and 22 WHEREAS, municipal self-determination and local self-government are constantly 23 under attack from a variety of public and private interests; and 24 WHEREAS, the role and function of municipal government is constantly evolving 25 from new demands from its citizens and businesses, 26 27 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 28 THE CITY OF BOYNTON BEACH, FLORIDA THAT: 29 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 2 being true and correct and are hereby made a specific part of this Resolution upon adoption 3 hereof. 4 Section 2. That the City of Boynton Beach urges Governor Charlie Crist and 5 members of the Florida Legislature to support legislation that: 6 . Reauthorizes the affordable housing trust funds, preserves the documentary stamp 7 fee as the trust funds' funding source and removes the legislative cap on fund 8 distribution; 9 . Enhances public notice of and participation in state environmental permitting 10 process; 11 . Fully funds state growth management mandates and provides municipalities with 12 state and local option revenue sources to meet financial feasibility requirements and 13 infrastructure demands; 14 . Allows municipalities and counties to reclassify businesses, professions, and 15 occupations and establish new rate structures for local business taxes on a periodic 16 basis; 17 . Enhances municipal control over municipal employee pension plan management and 18 funding; 19 . Preserves and protects property rights of mobile home owners, when mobile home 20 parks are rezoned, but not in a manner that requires removal costs to be the 21 responsibility of local governments; 22 . Broadens municipal home rule and other authority to issue tax-increment financed 23 bonds and other forms of indebtedness without approval by referendum; 24 . Provides an equitable, dedicated and recurring revenue source for municipal 25 transportation projects and opposes legislation that transfers or diverts state 26 transportation trust fund revenues to balance the state budget; 27 . Prohibits the Florida Department of Transportation from eliminating, deferring or 28 delaying capacity improvement projects contained in the 5-Year Work Plan when it 29 negatively impacts the comprehensive plan of the local government; 30 . Authorizes the use of electronic traffic infraction detectors at traffic intersections; 31 and 32 . Maintains or increases funding of the state Water Protection and Sustainability Trust 33 Fund. 34 35 36 Section 3. That a copy of this resolution shall be provided to Gov. Charlie Crist, 37 Senate President Ken Pruitt, House of Representatives Speaker Marco Rubio and members 38 of the Florida Legislature. PASSED AND ADOPTED by the City of Boynton Beach, this ___ Day of 2 January, 2008, 3 CITY OF BOYNTON BEACH, FLORIDA 4 5 6 7 Mayor - Jerry Taylor 8 9 10 11 Vice Mayor - Jose Rodriguez 12 13 14 15 Commissioner - Ronald Weiland 16 17 18 19 Commissioner - Woodrow L. Hay 20 21 22 23 Commissioner - Marlene Ross 24 ATTEST: I~ ~) 26 27 28 Janet M. Prainito, CMC 29 City Clerk 30 31 32 (Corporate Seal) ...... ~ ll.Dl/tn t.G. ~to""'" ~'c. t.~ ~ .,.bd61 .. FWRIDA LEAGUE OF CITIES, INC. MEMORANDUM Date: Members of Florida Leag ue of Cities, Inc. Rebecca O'Hara, Director Legislative Affairs December 20, 2007 To: From: C1TY MANAGER'S OFFJCE Re: Request for Resolution The FLC Board of Directors adopted an initiative to enhance the Legislature's awareness of the League's priority issues. This plan calls on each of Florida's 412 cities to adopt a resolution that supports the League's key priority issues. These key issues were adopted by the League membership at the recent Legislative Conference and address Affordable Housing, Environmental Permits, Growth Management, Local Business Taxes, Local Government Pension Plans, Mobile Home Park Closures, Municipal Indebtedness, Property Tax Reform, Transportation, and Water. Enclosed is a draft resolution that we are asking your city to adopt at the next avaHable council/commission meeting. Please send copies of your adopted resolution to Governor Charlie Crist, Senate President Ken Pruitt, Speaker of the House Marco Rubio, your local legislative delegation and to the Florida League of Cities no later than Friday, February 22,2008. Also enclosed are a list of addresses for the Governor, Senate President, and Speaker of the House. In addition, we have enclosed a directory so that you may ;dentify legislators whose districts include your city. A Microsoft Word version of this resolution is available on the League's website under Legislative/Advocacy at: www.flcities.com. If you have any questions or require additional information, ptease contact Rikkia Reliford at the Florida League of Cities at (850) 701-3653. Thank you for your assistance. Enclosures 301 South Bronaugh, Suite 300 . Post Office 8Ol( 1757 . Tal~ahassee, FL 32302-1757 Telephone (850) 222-9684 . SuncoJTI 278-5331 . Fax (850) 222.3806 . Internet: www.f1cities.com ~'"Tr:"'~"" , ?~~ ~\... ,. "'\, f' c , 6 ~ , 'd " II , \l"~)\ ".. /~V ~ ).../;'- ~ ~""'~)<;;,.. ,- ""'O;"-J CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORl\t. VI.-CONSENT AGENDA ITEM D. Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meetinl!: Dates in to City Clerk's Office Meetinl!: Dates in to Citv Clerk's Office 0 December 18, 2007 December 3, 2007 (Noon) 0 February 19,2008 February 4, 2008 (Noon) 0 January 2, 2008 December 17, 2007 (Noon) 0 March 4, 2008 February 19,2008 (Noon) ~ January IS, 2008 December 31, 2007 (Noon) 0 March 18, 2008 March 3, 2008 (Noon) 0 February 5,2008 January 14,2008 (Noon) 0 April 1, 2008 March 17, 2008 (Noon) 0 AnnouncementslPresentations 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM ~ Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 RECOMMENDATION: Approval of the 2007/2008 Art in Public Places plan and the Arts Commission future Master Planning initiative. EXPLANATION: The Art in Public Places 2007/2008 is limited to four programs that were initiated by the Arts Commission and will be implemented by the Public Art Administrator and community volunteers. To maximize the educational and promotional impact, a component that includes the public was added to these programs. The Arts Commission will meet January 26th. 2008 to begin the first in a series of workshops to create a master plan for the AIPP program. The master plan will identify appropriate places for Public Art in the coming five years as it relates to C.I.P. and private development projects. It will also deliver the elements of the AIPP mission statement. PROGRAM IMPACT: To date, the program has received positive press, community praise and education benefits. The public learned how public art is made; children and teens learned how to improve their lives through art and to paint a public art mural; the City's citizens, businesses and visitors experienced the benefits of public art along City streets and in City Hall, and City departments offered interesting and educational public art programs. The AIPP Master Planning will continue to incorporate these elements into the future Art in Public Places projects. FISCAL IMPACT: The 2007/2008 AIPP approved plan will come from the funds collected from Public Art ordinance 07- 002 and is allocated in account #151-2611-579-67-01 Acquisition of Public Art. AL TERNA TIVES: Not to approve the 2007/2008 AIPP plan. Assistant to City Manager C;vvl- ?tlC-UC !1J- Department Name City Attorney / Finance S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM,DOC <( I- a:l I~ f- o u z :s ~ (/) uJ 5 ~ -~ In :::l ~ ~ ~ 0:( IX) o co ::.... .... 9 I- <{ s 'i.g i~ tt'1 8 eo o o N (J'l .ci Q) LJ.. t! 8 VI I- Z UJ ::I: ~ UJ tJ UJ .., ~ "- z o ii: E2 ~ UJ C Q) U -I/) "2: ~ E Q) U ~.;~ 2'ffic ~~g u "c ~ ~E~ E E .5 ~8~ c3~::: -,='0 B B.2 rocn(ij -~ 5 ::1 E :;:; cr Q) " Q) ~E5 :c c: .8 o U z o ~ ~ UJ ::I: ~ tJ UJ .., ~ "- ~ III ~~ ~j ~~ ::I: -co I- ~ .~ ~ ~ ~ ~ .~ E ~ 5 IIlVlE ~::I:E = Vi 8 ~ .~ OVl ~$ e III u " .,. cr N ...... ......0 o 0 ON N", c..i ~ Q) :> Cl 0 Z o 00 cia o ci o 0 g~ <i'> ~ ~ ~ c:: c: Q) Q) E U B ~.g ID~ :c l5 -lIl ;= Q) 1:: .~ C\1 ~~ Q) .... ~O '0 ~ >, .5 "2 ~ " 0.. ~ 6 ~ B ',i:i 0 a. :8~u~ ~:g<(~ p = 0 3: ~ .... c: Q) Q) ~u .5 ~ ~ ~ u~ ~ 0 '" -'= "- ~ ~ l5 ~ 3: ex: -c: -0; >, .~ e E '" Q) U ::E B ...... o o N c5 c '" ...., o o ci o ~ ;; ...... o o N ci .ci Q) LJ.. .... 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Ie:;;. l:q en I~ ~ o o ~ 8 I... .... ;:; ~ to en ...... ...... ~ iD "l' II'l ~ u :J III ~ ~ 8 ~ ~ i g I- ... o z o ~ I~ ~ a:: o ... t;:; 8 ::::l III IlO o o N ...... I' 8 N ;:o~f2~t2~ EXHIBIT B City of Boynton Beach ..,0, Art in Public Places ,. '.,,~ Enriching our Community through Public Art The Art in Public Places Program is dedicated to create a stimulating cultural environment that reflects and enhances the City's heritage, diversity, and character. The Public Artwork will vitalize, stimulate and focus on cultural interaction, amenities, education, business growth and economic development. The public artwork will be integrated into the architecture, infrastructure, landscape and green ways of the city. The Art in Public Places program will contribute to a communal sense of civic ownership and pride, making Boynton Beach "A premier City in Florida in which to live, work and visit." hertiage-title-slide DSC_0085.JPG hertiage-slide-2 Art Center.JPG DSC_0148.JPG DSC_0129.JPG DSC_0142.JPG DSC_0152.JPG DSC_0007.JPG DSC_OO08.JPG hertiage-slide-1 hester 1.JPG DSC_0109,JPG copy DSC_0202.JPG DSC_0116,JPG DSC_0206,JPG DSC_0125,JPG DSC_0212,JPG DSC_0031,JPG DSC_0222.JPG DSC_0027,JPG DSC_0190,JPG DSC_0217.JPG DSC_0225.JPG DSC_0243.JPG DSC_0012.JPG DSC_0004.JPG DSC_0006.JPG DSC_0012.JPG hertiage-slide-3 DSC_0013.JPG DSC_OO36.JPG Art Smart.JPG DSC_0024.JPG DSC_0040.JPG DSC_0058.JPG DSC_0072,JPG DSC_0013,JPG DSC_0070,JPG DSC_0073,JPG DSC_0087,JPG DSC_0050.JPG DSC_0080 ,JPG DSC_0054,JPG DSC_0093,JPG DSC_0123.JPG DSC_0137.JPG DSC_0160,JPG DSC_0162.JPG DSC_0163.JPG last ~ Ci?, of Boynt?" Beach .:I>i. ~~_l~~~llc:!,lll(:~~. '. Enr-iching our Community through Public Arf logo VI.-CONSENT AGENDA ITEM E. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to Citv Clerk's Office Meetin~ Dates in to Citv Clerk's Office D December 18, 2007 December 3, 2007 (Noon) D February 19,2008 February 4, 2008 (Noon) D January 2, 2008 December] 7,2007 (Noon) D March 4, 2008 February] 9,2008 (Noon) I:8J January] S, 2008 December 31, 2007 (Noon) D March] 8, 2008 March 3, 2008 (Noon) D February 5, 2008 January ]4,2008 (Noon) D April], 2008 March 17,2008 (Noon) D AnnouncementslPresentations D City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM I:8J Consent Agenda D Legal D Code Compliance & Legal Settlements D Unfinished Business D Public Hearing D RECOMMENDATION: Motion to approve reduction in surety for the project known as Monterey Bay, reducing the required amount from the current value of $ 883,350.32 downward to $22,000. EXPLANATION: All of the required water and sewer improvements have been completed and accepted by the City for operation and maintenance. 2.5% of the initial surety will be retained until after the second lift of asphalt has been placed, and a subsequent inspection reveals that all manholes, valve boxes and other surface features remain in satisfactory condition. The Developer of the project will furnish a replacement surety in this amount, or amend the existing performance bond. PROGRAM IMPACT: None. \....,--" -_,J c:J rl'1 c) W ,'; FISCAL IMPACT: None -0 ALTERNATIVES: None. The . y's ode allows for reduction of surety. ~ N w , ...J ~ City Manager's Signature UTILITIES Department Name City Attorney / Fina e Assistant to City Manager XC: Peter Mazzella Michael Low Barbara Conboy S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC Chris Roschek. Finance Dept File CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM IX. - CITY MANAGER'S REPORT ITEM A Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office D December 18, 2007 December 3, 2007 (Noon) D February 19, 2008 February 4, 2008 (Noon) D January 2, 2008 December 17,2007 (Noon) D March 4, 2008 February 19,2008 (Noon) r8J January IS, 2008 December 31,2007 (Noon) D March 18, 2008 March 3, 2008 (Noon) D February 5, 2008 January 14,2008 (Noon) D April I, 2008 March 17,2008 (Noon) D Announcements/Presentations r8J City Manager's Report NATURE OF D Administrative D New Business AGENDA ITEM D Consent Agenda D Legal D Code Compliance & Legal Settlements D Unfmished Business D Public Hearing D RECOMMENDATION: This information is provided for City Commission discussion on the timing of municipal elections. EXPLANATION: In December 2007 the Commission discussed the possibility of moving the City's municipal election back to March. Currently our election is held in November which conforms with Federal, State and County election dates. In June 2001 the Commission adopted an ordinance amending the City's charter to change the municipal election date from March to November with the intention of improving voter turnout and reducing election costs. Staff has prepared the attached memorandum regarding the impact of the change and what actions would be necessary to change the date back to March. In order for the election date to be changed the Commission would need to amend the Charter via an adopting ordinance similar to the one adopted in 2001. The report further outlines the impact of the change on the existing Commission's terms. PROGRAM IMP ACT: n/a FISCAL IMPACT: n/a ALTERNATIVES: nla ~~~j/~ Department Head's Signature ~ City Manager's Signature Assistant to City Manager ~ Department Name City Attorney I Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC The City of Boynton Beach OFfiCE OF THE CITY MANAGER 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 City Managers Office: (561) 742-6010 FAX: (561) 742-6011 e-mail: laverrierel@ci.boynton-beach.ff.us www.boynton-beach.org TO: Mayor and Commissioners FROM: Lori LaVerriere, Assistant City Manag~:/1(~; V~_Lt."":L.).._ CC: Kurt Bressner, City Manager DATE: January 7,2008 SUBJECT: Timing of Municipal Elections In July of2001 the City of Boynton Beach amended its charter through the adoption of Ordinance No. 01-25 (copy attached) changing the date of our municipal elections from the second Tuesday in March to the first Tuesday in November to conform with Federal, State and County election dates. The primary purpose for this change was to seek a greater voter turnout and reduce costs of administering the election. The attached table illustrates voter turnout for the City's past ten (10) municipal elections. Our most recent election in November 2007 shows a turnout of approximately ten percent (10%). In terms of costs when the City holds its municipal election in concert with the County, State or Federal elections we split the cost ofthe election with the County (SO/50). However, the County is required by law to use a certain number of poll workers which is greater than the number of poll workers the City is required to use for a municipal election. Although we are splitting the cost, it's 50% of a much larger cost than if we were administering our own election. After reviewing our records it appears that either method is similar in cost. Another cost factor is the number of Districts that are up for election. Should the Commission desire to change the election dates back to March, an ordinance similar to the one adopted in 2001 (attached) would have to be adopted. Currently, the terms of our Commissioners are as follows, and the impact on their term length is shown in the table below: Page 2 - Timing of Elections Commission Seat Current Term Expires Term Expires If Changed to March Mayor Jerry Taylor VM Jose Rodriguez (District nD Comm. Ron Weiland (District I) Comm. Marlene Ross (District IV) Comm. Woodrow Hay (District II) 1112009 11/2009 11/2009 1112010 11/2010 312010 3/2010 312010 312011 3/2011 All of the current Commissioner's terms would be extended by approximately four (4) months to remain staggered as originally established. Runoff elections would be on the 4th Tuesday in March ofthe calendar year. Attachments AMERICA'S GATEWA Y TO THE GULFSTREAM w ~ r- .--.. ORDINANCE NO. 01 - 25 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA CHANGING THE DATE OF MUNICIPAL ELECTIONS FROM THE SECOND TUESDAY IN MARCH TO THE FIRST TUESDAY IN NOVEMBER; PROVIDING FOR A TRANSITION PERIOD FOR ELECTED OFFICIALS WHO ARE SERVING A TERM OF OFFICE AT TIME OF ADOPTION OF THIS ORDINANCE; PROVIDING FOR AMENDED QUALIFYING PERIODS; AMENDING CONFLICTING PROVISION OF THE CITY CHARTER (SECTIONS 15, 51, 138, 141), PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE . WHEREAS, the City Commission has considered the public benefits of municipal elections that coincide with county, state and federal elections; and WHEREAS, the City Commission has determined that moving municipal elections from the second Tuesday in March, as currently provided for in the Code and Charter, to the first Tuesday in November to coincide with county, state and federal elections would result in a greater voter participation in municipal elections and would reduce costs associated with elections when only municipal candidates are on the ballot; and WHEREAS, Florida Statute 100.3605(2) authorizes the govermng body of municipalities to change, by Ordinance, the dates for qualifying and for the election of members of the municipal governing body and to provide for an orderly transition of office resulting from such change; WHEREAS, The City Commission has considered and is guided by the Florida Attorney General's opinion (AGO 2000-61, issued October 6,2000) that a municipality may by ordinance amend its city charter to move the dates of city elections to coincide with federal, state, and county elections, and to extend the terms of the sitting commissioners to coincide with the extension, r--- -. I n , 1 NOW THEREFORE, BE IT 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. Effective immediately upon adoption of this Ordinance municipal elections shall be held on the first Tuesday in November in years when elections are required to maintain staggered terms as provided for in the City Charter. The next municipal election following the adoption of this Ordinance will be the first Tuesday in November, 2002. Section 3. To provide for the orderly transition of office and to avoid shorting the term of office for which current elected officials were elected, each elected official who holds office on the date of enactment of this Ordinance shall continue to serve in office until their seat is filled in the November election which follows the expiration of their current elected term. Section 4. All references to "March" in the City Code or Charter, when used in the context of elections shall be construed to mean "November", following the enactment of this ordinance. Section 5. All references to "January" in the City Code or Charter, when used in the context of elections or qualifying for elections shall be construed to mean "September" , following the enactment of this ordinance. Section 6. All references to "February" in the City Code or Charter, when used in the context of elections or qualifying for elections shall be construed to mean "October", following the enactment oftrus ordinance. Section 7. Sections 15, 51, 138 and 141 of the City Charter are amended by adding the words and figures in underlined type and by deleting the words and figures in r~ , H struck through type, as follows: Sec. 15. office. When Commission Members and Mayor to assume The Commission Members and Mayor who are elected in elections held in November of any year, shall assume office on the first regular or special city commission meeting following their election. Once all newly elected officials have taken office the Commission shall organize in accordance with the provisions of section 53 of this Charter and shall then proceed to select the officers and employees, designated in section 49 ofthis Charter. Sec. 51. Filling vacancy on City Commission. In the event of a vacancy occurring in the members of the City Commission, except at the close of a regular term, .,. In no event shall an appointment or election alter the term of the district seat. Municipal election shall mean the election held on the first Tuesday in November of the calendar year. .,. Sec. 138. Call by Mayor, publication of proclamation; qualification of candidates, filing by candidates with City Clerk; notification of Supervisor of Elections. All general and special elections, unless otherwise provided in this Act, .,. Candidates for City Council shall file such papers and pay such fees as may be required by law with the City Clerk no earlier than noon on the last Tuesday in September, nor later than noon on the second Tuesday in October of the calendar year in which the election is to be held... Sec. 141. Regular municipal election, date; qualification of electors for Councilmen; method of holding elections, special elections. Regular municipal elections shall be held on the first Tuesday in November in an election year. In the event a run-off election is required as specified in section 139 hereof, said election shall be held on the fourth Tuesday of November. The City Council shall prescribe, by ordinance, the method and manner of holding all elections in said City, and shall provide when and how special elections shall be called and held, which are not provided by the terms of this Charter, and all elections shall be conducted substantially on the principle adopted for state election insofar as there are no conflicts with the terms ofthis Charter. Section 8. In the event of a conflict between the provisions of this ordinance and any other provision of the City Code, City Charter, ordinance or resolution, this . ordinance shall controL ~11iJ , I.n ,I 'I r-n, I Section 9. Authority is hereby given to codify this Ordinance with specific authority granted to add notations to conflicting provisions of the City Code or Charter. Section 10. This Ordinance shall become effective immediately upon passage FIRST READING this ~ day of June 200l. Ju.l'f SECOND, FINAL READING AND PASSAGE this ~ day of~ 2001. I '~, \\\\\\\\1 1111/11111. ~'\;. 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CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office D December 18,2007 December 3, 2007 (Noon) D February 19,2008 February 4, 2008 (Noon) D January 2, 2008 December 17,2007 (Noon) D March 4, 2008 February 19,2008 (Noon) [gJ January IS, 2008 December 31, 2007 (Noon) D March 18,2008 March 3, 2008 (Noon) D February 5, 2008 January 14,2008 (Noon) D April I, 2008 March 17,2008 (Noon) D Announcements/Presentations D City Manager's Report NATURE OF D Administrative [gJ New Business AGENDA ITEM D Consent Agenda D Legal D Code Compliance & Legal Settlements D Unfinished Business D Public Hearing D RECOMMENDA nON: Discussion of cancellation of the second City Commission meeting in November 2008 due to the Thanksgiving holiday. EXPLANATION: The second City Commission meeting in November 2008 is Tuesday the 18th. Thanksgiving falls on Thursday, November 27, 2008 ofthe following week. City Hall will be closed Thursday, November 27, 2008 and Friday, November 28, 2008. PROGRAM IMPACT: There would be only one scheduled Commission meeting in the month of November 2008. FISCAL IMPACT: N/A ALTERNATIVES: Cancellation of the second City Commission meeting in December 2008 due to the Christmas holiday. The second meeting in December falls on Tuesday the 16th. City Hall is closed Thursday, December 25, 2008 and Friday, December 26, 2008. ~ nt Head's Signature City Manager's Signature Assistant to City Manager ~ ~ m1::~::'e (}f77 ~ City Attorney / Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC XII. - LEGAL DEVELOPMENT ITEM A.l 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 18, 2007 December 3, 2007 (Noon) D February 19,2008 D January 2, 2008 December 17, 2007 (Noon) D March 4, 2008 [8J January IS, 2008 December 31,2007 (Noon) D March 18,2008 D February S, 2008 January 14,2008 (Noon) D April I, 2008 Date Final Form Must be Turned in to Citv Clerk's Office February 4, 2008 (Noon) February 19, 2008 (Noon) March 3, 2008 (Noon) March 17,2008 (Noon) c::> CO C- j';lIIo D AnnouncementslPresentations D City Manager's Report Z I NATURE OF D Administrative D New Business .r:- AGENDA ITEM D Consent Agenda [8J Legal ,.,.. :x D Code Compliance & Legal Settlements D Unfrnished Business D Public Hearing D W N (J n:::j - .- -1-' -<0 ':J -11 co '-"0 ~:5 v>~ o Oz -rJ -rJCD -rrt ('"');t> rrtC"') ::z: RECOMMENDATION: Please place this request on the January 15,2008 City Commission Agenda under Legal, Ordinance - Second Reading, The City Commission on January 2, 2008 approved this item under Public Hearing and Legal, Ordinance - First Reading, noting that the conditions of approval would be updated to recognize/document the revised sign design as represented by the agent at the January 2nd public hearing, For further details pertaining to this request, see attached Department Memorandum No. 07-123, EXPLANATION: PROJECT: AGENT: OWNERS: LOCATION: DESCRIPTION: Ticket Clinic (ANEX 07-001) Bradley Miller, AICP, Miller Land Planning Consultants, Inc, Jer Enterprises, LLC 3349 Federal Highway (East side of Federal Highway, north of Gulfstream Boulevard) Request to annex the subject property (0,37 acres), PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: i~ City Manager's Signature Assistant to City Manager ~ r ~_("J L~- / Planning & Zoning D' c~to" City Attorney / Finance S:\Planning\SHARED\WP\PROJECTS\Ti et Clinic\ANEX 07-00 I \Agenda Item Request Ticket Clinic ANEX 07-001 1-IS-08.doc S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC 1 ORDINANCE NO. 07- 03B 2 3 AN ORDINANCE OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, ANNEXING 0.37+/- ACRES OF 5 LAND THAT IS CONTIGUOUS TO THE CITY 6 LIMITS WITHIN PALM BEACH COUNTY AND 7 THAT WILL, UPON ANNEXATION, CONSTITUTE 8 A REASONABLY COMPACT ADDITION TO THE 9 CITY BOUNDARIES; PROVIDING THAT THE 10 PROPER LAND USE DESIGNATION AND 11 PROPER ZONING OF THE PROPERTY SHALL BE 12 REFLECTED IN SEPARATE ORDINANCES TO BE 13 PASSED SIMULTANEOUSLY HEREWITH; 14 PROVIDING FOR CONFLICTS, SEVERABILITY, 15 AND AN EFFECTIVE DATE; PROVIDING THAT 16 THIS ORDINANCE SHALL BE FILED WITH THE 1 7 CLERK OF THE CIRCUIT COURT OF PALM 18 BEACH COUNTY, FLORIDA, UPON ADOPTION. 19 20 WHEREAS, the Comprehensive Plan for the City of Boynton Beach requires the 21 development of an Annexation Program; and 2211 WHEREAS, Jer Enterprises, LLC, owner, by and through its agent, Bradley Miller, I 231 AICP of Miller Land Planning Consultants, of the property more particularly described 24 hereinafter, have heretofore filed a Petition, pursuant to Section 9 of Appendix A-Zoning, of 25 the Code of Ordinances, City of Boynton Beach, Florida, for the purpose of annexing a 261 certain tract ofland consisting of approximately 0,37+/- acres; and 27 I WHEREAS, the City of Boynton Beach hereby exercises its option to annex the 28 following tract of land as hereinafter described, in accordance with Article I, Section 7 (32) 29 of the Charter of the City and Section 171.044, and 171,062(2), Florida Statutes; and 30 WHEREAS, said tract of land lying and being within Palm Beach County IS 31 contiguous to the existing city limits of the City of Boynton Beach, and will, upon its 32 annexation, constitute a reasonably compact addition to the City boundary. S:\CA \Ordinances\PlanninglAnnexations\Annexation - Ticket Clinic.doc 1 8 9 10 11 12 13 14 15 16 1711 1811 19 I 20 1 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION 2 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 3 Section 1. That each and every Whereas clause is true and correct. 4 Section 2. Pursuant to Article I, Section 7 (32) of the Charter of the City of 5 Boynton Beach, Florida and Section 171.044, Florida Statutes the following described 6 unincorporated and contiguous tract of land situated and lying and being in the County of 7 Palm Beach, Florida, to wit: Lots 2 and 3 less the westerly 17 feet thereof, Kings Subdivision, according to the Plat thereof, as recorded in Plat Book 20, Page 47, of the Public Records of Palm Beach County, Florida. CONTAINING 0.37 ACRES (16,088 Sq. Ft.) OF LAND. Subject to easements, restrictions, reservations, covenants and rights-of-way of record. is hereby annexed to the City of Boynton Beach, Florida, and such land so annexed shall be and become part of the City with the same force and effect as though the same had been originally incorporated in the territorial boundaries thereof. Section3: That Section 6 and 6(a) of the Charter of the City of Boynton Beach, 21 Florida, is hereby amended to reflect the annexation of said tract of land more particularly 22 described in Section 2 of this Ordinance. 23 Section 4: That by Ordinances adopted simultaneously herewith, the proper City 24 zoning designation and Land Use category is being determined as contemplated in Section 25 171.162(2), Florida Statutes. 26 Section 5. All ordinances or parts of ordinances in conflict herewith are hereby 2 7 repealed. 28 Section 6: Should any section or provision of this Ordinance or any portion thereof S:\CA \Ordinances\PIanning\Annexations\Annexation - Ticket Clinic,doc 2 10 III 121 131 14' I 1511 161 1711 18! ! I 191 201 2111 22 II 23 II 2411 25 26 27 28 29 30 31 32 33 34 35 36 1 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect 2 the remainder of this Ordinance. 3 Section 7: This Ordinance shall not be passed until the same has been advertised 4 for two (2) consecutive weeks in a newspaper of general circulation in the City of Boynton 5 Beach, Florida, as required by the City Charter and Section 171,044, Florida Statutes, 6 71 Section 8. This ordinance shall become effective immediately upon passage, Section 9, This ordinance, after adoption, shall be filed with the Clerk of the 8 Circuit Court of Palm Beach County, Florida. 9 FIRST READING this ~ day of Dec.e.mber ,2007, SECOND, FINAL READING and PASSAGE this _ day of .2008, CITY OF BOYNTON BEACH, FLORIDA Mayor - Jerry Taylor Vice Mayor - Jose Rodriguez Commissioner - Ronald Weiland Commissioner - Woodrow L. Hay Commissioner - Marlene Ross ATTEST: Janet M. Prainito, CMC City Clerk (Corporate Seal) S:ICA 10rdinanceslPlanninglAnnexations\Annexation - Ticket Clinic.doc 3 TO: FROM: THROUGH: DATE: PROJECT NAME/NUMBER: REQUEST: Property Owner: Applicant/Agent: Location: Parcel Size: Existing Land Use: Existing Zoning: Proposed Land Use: Proposed Zoning: Proposed Use: DEVELOPMENT DEPARTMENT PLANNING & ZONING DIVISION MEMORANDUM NO. PZ 07-123 Chair and Members Planning & Development ~_aJd and City Commission ~~r Gabriel Wuebben Planner, 4 ~. LJU Michael W. RumPf~' Director of Planning and Zoning November 7, 2007 Ticket Clinic /(ANEX 07-001) (LUAR 07-005) To annex a 16,088 square foot (0.37-acre) parcel, to reclassify land use to Local Retail Commercial (LRC), and to rezone to C-3, Community Commercial. PROJECT DESCRIPTION Jer Enterprises, LLC Mr. Ted Hollander / Bradley Miller, Miller Land Planning Consultants Inc. 3349 North Federal Highway, south of Turner Road on the east side of Federal Highway, (see Exhibit "A" - Location Map) 16,088 square feet (0.37 acre) CH/5 Commercial High (Palm Beach County) CG General Commercial (Palm Beach County) Local Retail Commercial (LRC) C-3, Community Commercial The applicant intends to refurbish the existing building, improve the parking and landscaping, and use the existing structure for professional offices. A site plan application has been filed and is currently under review. t-"dge L Ticket Clinic ANEX 07-001 and LUAR 07-005 Adjacent Uses: North: Developed commercial property classified in Palm Beach County as Commercial High (CH5), and zoned as General Commercial (CG) in Palm Beach County (J&L new Antiques and Outdoor Patio) ; South: Undeveloped residential property recently approved as Tuscan Villas, classified as Special High-density Residential (SHDR) land use and zoned Infill Planned Unit Development (IPUD); East: Developed single-family residential subdivision (Tradewinds Estates) classified in Palm Beach County as Medium Density Residential (MR-5), and zoned Single-Family Residential (RS) in Palm Beach County; and West: Right-of-way for Federal Highway, then farther west is property classified as Special High Density Residential (SHDR) and zoned Planned Unit Development (PUD), approved for 109 townhomes (forthcoming Gulfstream Gardens II project). EXECUTIVE SUMMARY Staff recommends approval of the requested annexation / land use amendment / rezoning for the following reasons: 1. The requested annexation is consistent with the objectives of the City's annexation program, which emphasizes the annexation of enclaves, and relevant policies in the Comprehensive Plan; 2, The requested land use and zoning are consistent with respective current designations in unincorporated Palm Beach County; 3. The request will not create additional impacts on infrastructure that cannot be accommodated by the City at present; 4. The requested land use and rezoning will provide the opportunity to return a blighted and derelict property into an appealing, code-compliant site (NWSP 07-009) at the southern gateway to Boynton Beach; and, 5, The requested change would help to further provide an economic contribution to both the neighborhood and to the City. f-'age j Ticket Clinic ANEX 07-001 and LUAR 07-005 PROPERTY OWNER NOTIFICATION Owners of properties within 400 feet of the subject annexation I land use amendment I rezoning were mailed a notice of this request and its respective hearing dates. The applicant certifies that they posted signage and mailed notices in accordance with Ordinance No. 04-007. PROJECT ANALYSIS The parcel which is the subject of this request for annexation, land use amendment, and rezoning totals 16,088 square feet or 0.37 acre. Because of the size of the property under consideration, the Florida Department of Community Affairs classifies this amendment as a \Ismail scale" amendment. A "small-scale" amendment is adopted prior to forwarding to the Florida Department of Community Affairs, and is not reviewed for compliance with the state, regional and local comprehensive plans prior to adoption. The site is currently developed with a one (1)-story, 2,400 square foot commercial building and an existing asphalt parking lot. Previously, Gulfstream Carpet occupied the site, however, the business is no longer active, and the building has been unoccupied for several months. The proposed land use amendment I rezoning application is b~ing reviewed concurrently with an accompanying request for annexation. The subject property's current land use classification is Commercial High with underlying Medium Density Residential of five (5) dwelling units per acre (Palm Beach County CHIS). The applicant is requesting to annex into the City to utilize the Local Retail Commercial (LRC) land use classification and the Community Commercial (C-3) zoning district. The proposed land use classification (LRC) is the city's equivalent to the County's CHIS land use classification, in terms of the allowable uses and respective intensities. Therefore, the requested land use amendment / rezoning application meets the conditions specified in Chapter 2, Section 9.C.2(2) of the Land Development Regulations stipulating that in cases of annexation in which the Future Land Use and Zoning classifications of applicant Palm Beach County properties are consistent with Future Land Use and Zoning classifications in the City's Comprehensive Plan, the standard criteria for qualifying the change in Land Use and the Rezoning maintained in Chapter 2, Section 9.C.7, shall not be applied. Since this is the case, the request is relatively straightforward and would not require an evaluation of the eight (8) criteria against which rezoning applications are normally reviewed, as outlined in Chapter 2, Section 9.C.7 of the Land Development Regulations. Instead, staff analysis will relate to consistency with other relevant portions of the Comprehensive Plan, the city's annexation policy, service capability, and the conforming I non-conforming status of the property and uses. The only policy in the Comprehensive Plan that would be pertinent to this request for annexation I land use amendment I rezoning would be Policy 8.10.4, which states the following: 8.10.4: The City shall coordinate with Palm Beach County regarding the prevention of enclaves, pockets, or other undesirable land configurations adjacent to, or in the proximity to, corporate limits, prior to annexation of any parcels into the City. The annexation of the subject property will further the efforts to annex enclaves and pockets as promoted by the county and practiced by the City. Currently, objectives of the City's annexation policy include annexing all enclaves and pockets less than 10 acres, and to Page 4 Ticket Clinic ANEX 07-001 and LUAR 07-005 incrementally annex enclave and pocket properties with the intent to reducing them below the lO-acre threshold. Therefore, the annexation of this parcel is consistent with the only policy within the Comprehensive Plan regarding annexation. Existing land uses along the U.S. 1 frontage are predominately retail; therefore a Local Retail Commercial (LRC) land use designation and Community Commercial (C-3) zoning category are appropriate, both for lots which are presently in the City, and for those which will be annexed. The subject property lies within Planning Area V as designated in the Federal Highway Corridor Community Redevelopment Plan. Area V contains a mix of land uses, including commercial uses, on small parcels. The residential nature of Planning Area V is to be preserved according to the Federal Highway Redevelopment Plan, which serves as the foundation for the creation of the Infill Planned Unit Development zoning district. However, although residential uses are encouraged in the redevelopment of Planning Area V, the subject property is insufficient in size to support a residential project. In connection with previous annexation studies, city departments most affected by annexations (e.g. Police, Fire, and Public Works), have been surveyed for issues related to service capability and costs. All opinions previously collected from these departments supported the incremental annexation of enclaves. These opinions have been based on the following: 1. The enclaves are all immediately adjacent to areas within the city that currently receive urban services; 2. Ample service capacity exists to serve adjacent unincorporated properties; and 3. Most enclaves currently receive service from the city via the mutual aid agreement (Police and Fire I EMS only); With respect to impact upon roadways! the Palm Beach County Traffic Division has yet to review the project to confirm that it meets Traffic Performance Standards of Palm Beach County. The applicant must provide evidence of Traffic Concurrency prior to ordinance adoption. The Police and Fire Departments report that this project has been reviewed for potential service impacts and availability, and based on the proposed use! office Iprofessional space! it has been determined that services allocated tOI or existing within the area are adequate to provide the project with a necessary level of service. With respect to the status of the site and any existing or proposed uses! the property appears to have been abandoned for some time. This conclusion is based on the lack of property maintenance! the dilapidated condition of the existing building! and lack of intact site and building signage. The site generally conforms to the City's site regulations including minimum lot area and frontage, as indicated by the survey and other site plan documents simultaneously submitted for new site plan approval (NWSP-07-006). There is however! a site sign proposed for the project that would not conform to the city's sign regulations with respect to maximum height and minimum setback. The proposed sign is actually in place! and staff understands that it was the subject of a county sign permit. However! staff also understands that its current location is inconsistent with the corresponding permit, and that it may have been initially Page 5 licket Clinic ANEX 07-001 and LUAR 07-005 planned for an existing sign structure located at the southwest corner of the property. Instead! it was erected with a new structure just north of the existing driveway with the intent that its placement would be followed-up with a corresponding amendment to the sign permit. The City's sign regulations (Part 3! Chapter 21) require that all non-conforming signs annexed into the city be brought into compliance within 6 months of annexation. However! given the lack of county approval! and since the request for annexation is being accompanied by a request for site plan approval! the sign has no official pre-existing status and should therefore be brought into compliance with city regulations as a condition of annexation. In addition to providing a sign that complies with the City's height and setback standards! it should also be modified to provide a color scheme and letter size that is more compatible with the vision for the corridor! which in part, is represented by the existing and proposed residential projects along the corridor. More recently approved signage in this area along Federal Highway is typically constructed of decorative stone and brick! with stylized lettering and an emphasis on aesthetic quallt'y< Existing signs in the corridor represent: a combination of a varietY of old commercial signs! most of which were recently identified by the County as part of a non- conforming sign study! and new residential signage that is consistently seen as part of entry walls and other features, using block and stucco! tile! scoring, channel letters and external illumination. Although commercial developments typically do not present the same opportunity for hi9hJy styUzed signagel the City should attempt to maintain a minimum standard with respect to the quality of signage permitted. Staff recommends that the applicant revisit the design of the sign face in an effort to bring the proposed signage more in line with that of the surrounding area! with particular emphasis on colors and lettering (For additional information on this sign! see Exhibit "C" - Conditions of Approval, Exhibit "D!! - Federal Highway Signage Examples! and the staff report for the corresponding site plan application). CONCLUSIONS/RECOMMENDATIONS As indicated herein! this request is consistent with the intent of the Comprehensive Plan; would not create additional impacts on infrastructure that have not been anticipated in the Comprehensive Plan; would be compatible with adjacent land uses and would contribute to the overall economic development of the City. Therefore, staff recommends that the subject request be approved. If additional conditions of approval are recommended by the Community Redevelopment Agency Board or required by the City Commission! they will be included as Exhibit "C! - Conditions of Approval. ATTACHMENTS S:\Planning\SHARED\WP\PROJEcrS\Ticket Clinic\LUAR 07-005\Staff Report - Ticket Clinic LUAR.doc Ticket Clinic - Exhibit nA.. - Site Location Map 3349 N. Federal Hwy. - ANEX 07-001/LUAR 07-005 J~/- . .,,: '.. In '-'----. / 'j.. IlJFtNi~~~' I r---------- . . i-~, &31 .JiIIIiIt----~ r-tII I I ::: I j .. ~-.-----I ~.._--_. ------ -I .-.----- ----------, I -~---i ." i : )> i .' 3: c ;;a I ----1 I ~ I I I 110 220 330 N 440 -*- 'Feet W~4 S EXHIBIT B M:\M L P C\PROJECTS\The Ticket Clinic\DRAWINGS\Site Plan Tart Comments.dwQ, 10/22/20074:11:12 PM, Adobe PDF II~~~~~~--~~~~m~m~z ~ g g ~ ~~ ~ ~ ~ ~ ~ ~ ~ g, ~ ~ ~ ~: ~ ~ g. ~'~'t5c5~~ D~2.~~g*c5~t5 ~ c ~~~~~n a~R~n~~g~g 0 Q ~~~..go~ m<<ln~g~os.oa. ~ ~ ~..g g- ~. Q a 3' 0 ~ E a ~ ~. co 6.. Sf ~ Q a..",Q.a!!l(Q 9.. g -i5.(Q~'srnl .g ~~ ~~~ ~ ~ ~~~~~~ ~ w 5" CD ~ g R' 7" ~ cO' 3- 8 ::J ~ ~ ~ ti3~. f1 .0 Qno gQ" ~ '<coi' )( ::l::J "'tl ~ -<6~ ~ -<g " -< w~ C,..l____ FLU:; Special High Density Residential Zoning = PUD Gulfstreom Gardens City Existing Median w w ~ -------~~~~~~~~~~~------- --NP:EDERAIHIGHWAY--- ~~ 17' LESSOUT FOR ROAD R!W ~ - ~ 0 2~I ~ ~ ;;: U; f ~ ~ . , ~ a a ~ r ~ i:: n ~ ~ 1 0 u; " ~ ~ t; l': , " ~~3~ -lo"tlaJ " a 2."0 0 S a r~ 5' lS'U ;: o CD < a:: o ~ "0 , c c5 ~. ~, g - ~ 3~' CD !"l ~ CD Q. ;:; 4 o ~ u " ~ .. ~.:z: -< g~S~ o " 0 ~ N~ "" 0 ~nCli 0 n - 5 g e: - ....0'" s '" C" ~" " 0 '" Q. CD ~~ ~ 0 Ci g~~ s ..=~ (" < 2 -" g~~ CD n_o <Ij a )m n g~ .'n ~_z i5 age: "7IE;C"J 0 "0 " 0 :z: 0 Z 24' 3 -<"U ,A 0 CD u ~ og: ~ rJ " 0 , ~ " ~1!>':-'1" '8 " x '" 0- ~ f; ~ '" <g~~ Otv...... ~ 0 ~~~8 s. " " CD u -co - co (Q " - - . 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S ~n f g~ ~hii ~ -~~i~ ~~ ~5 ~i:~~l gi~ ~~faf ~ 8m~ p9 ~~ ~~ ~ ~,. 8 ~ jil",,... !;'j 0.1" 1"1,. II . ~;~'~~j~ ~ ; ~ 8~ ~ ~~ ~ ~~~~~ [I ;i:~ih~~i ., 0 ~Q !~;~~8o~~~ e ~ 0 ~ ~~ I ~ ;H . '~~'l 5~~~.:~~"O~8 Ii" - i -r' < - ~ 0 ~ ~ :..% ~ ! ~ s ~6 ~! ~ '.~ ~ _ !!:.! ...~o l?' ;: Ji~a~~ .:;:~~Q Bo 5 : T . ; . ". 9 '~ . 0 i ,,' . ~ -u 'I!' - ~ ~ ~ 1 The Ticket Clinic " I 0' " City of Boynton Beach, Florida !&g~ ~ 'if! i to ,;', Q ." ~ ~!1 "f H ~ l~~~ i.i a [Hi II Pi ~ ~ ~?i Il ! T ,I 1\ gij liP u~ ! ~b>\;,,~~ ~~~O;H ~ ;; z g -; C') . z ~ i n ~ m % ~ > ::I o z <.n '" ." 8 7Il ~ > Z + " i' " ~ -t i, " II II -I' I II il IIU'I i Iii Hi ql 'Ill' II I Ii! I I I. i I I <.n o ~ m ~ > ::I o z (j\ m ~ o z > z CI m e- m :;i~ u"'g -.z q f ~ ~ iii 7Il 1j 1m . if I j 'I' ~Ii '~ i o I z . " " " " I! ii I I ~ !I 1111' Il'l , f.' j IP~ 11111 I. &1.J. rJ i !I p!! ~ 1- I r .111 I I. I , " I Jl' e I I. ) Ii 0 .... I ." I I~ 8 ~ I~ '" " m I~ ~ ~ z I~ illl > ::I h'l 0 IIII z 1!l1" ~ iIIl . r \ lilll' II' . ~ I'. 'II I 9 I II ~t~1 TICKET CLINIC CITY OF &lYNTON ~H FLDttlDA -_.__.~---._.--.-I I .. ~Mn>' tl -~-== i Md,.,.".",.."." o , ::! @ ~ @~ @~ ~ ~C= ~~ @ ~~ ~~ c:=J ~@ ~@ = ~ C== == a 2;? -C= ~d @~ Ii~ ~gj~ ~~~~@ ~5 'J c;'\ r::==J ~ @ 0(~ n rsa8 r::==J c=J d 0 P (2.5) E5 \? __L I I~ 110-,9 o w ~ z :E :::l -l ::::! ~ -l <t z 0::: W I- Z I- Z w :E :::l Z o :E o w o Vi W -l co :::l o o >- 0- o U o w V1 V1 o co :E w z ~ I I- ~ I~ ~ ~ , " " ..0-.8 ;,; c: .~ .;; & ~ ~ .. .g ~ g.B ~ if: ~ .~ ~ .~ 3 4J] 1! ~ n . immoi I-~B;"8eQ u ~ ~ ~ o ~ "iO > 0 Q. c. ro <( ~ > OJ ~ c:: c. ~ c. 0 <( >- c ~ OJ .!! c. U 0 Q: Z~;;;~ E rM\OO ,.,,..,u 'Z rr~.g r~'~ f~E' U~"'O......<<! "'" 1;;..r ~ ~~ -g It'I ~ . .t':jO\~ rf'I'X. t:: . 8 ~,'J ). 'J .!:;::.g :-'lI:t .2!l <(~ "": t! ,., '" .5 '" @> ~,~~~ \'\. ~..r~ '-J ZII"ICl) aroO\ro ;;IJ~ aun :G ~.~ ~.~ ~,; ~ ~.s ~. 5~,Eg]~~ ]~~~~~~ &t,:.sE-i~ ~ ~~~~~.~ "'.... t:o '5:;:;:z:.t:.t ~.f ~' ; ~, ~ ~ ~~-;,~::,,~ ~~~5l:i~~ ~-S-E ~~{~ ., '" "' .... '" i3 $2 ,.:. ~ '" ~ g ~ ~ - ., .. :z .. ~ '" ~ 8 ~ l .::! 0 3i ~ :I: u ~ . z: "' -' 3 ~"- "- ,: t;; r -' u ;j " .... ~ u '" '" t= 00:> ~ Z >- "- "' 0-;2 => ~ -q- -' 0 M W ...J ~ MCl fb ~ t= ~ c:r: "' '" '" ~ 0 "' .s; 0 ;;i. <( Vl lUI'0-".'13 I'~!J "l! EXHIBIT "e" Conditions of Approval Project name: Ticket Clinic File number: ANEX 07-001/LUAR 07-005 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 P ARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X Conditions of Approval 2 PLANNING AND ZONING Comments: 1. All signage must be approved concurrent with the request for Annexation X and Land Use/Rezoning, in conjunction with site plan approval. Ultimate signage must be reduced in maximum height from the reported 14' to 8', and shall be setback a minimum of ten-feet (10') from any property boundary, 2. The applicant shall modify the proposed sign colors and lettering to X improve aesthetic compatibility with new signage in the corridor. Staff recommends that the sign be occupied predominantly by muted colors, more subtle copy, with the corporate colors being limited to a smaller portion (approx. 20%) of the sign. Further, staff recommends the use of block and stucco, tile, scoring, channel letters, stone and/or other materials to achieve compatibility with the intended appearance of the corridor, The intent of this condition may also be satisfied through the use of other materials applying a faux design concept to meet the appearance objective. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. The monument sign shall be modified to match the graphic presented by the X applicant at the January 2, 2008 Commission meeting, consisting of a white background, company logo on the left, " The Ticket Clinic" on the right, with "The" and "Clinic" in black letters, "Ticket" in yellow, and the phone number in smaller font, in black, on a yellow background at the bottom. S:\Planning\SHARED\WP\PROJECTS\Ticket Clinic\LUAR 07-005\COA Ticket C1inic.doc Exhibit "0" - Federal Highway Signage Examples XII. - LEGAL DEVELOPMENT ITEM A.2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Fonn Must be Turned Meeting Dates in to City Clerk's Office D December 18, 2007 December 3, 2007 (Noon) D D January 2, 2008 December 17,2007 (Noon) D ~ January 15, 2008 December 31,2007 (Noon) D D February 5, 2008 January 14,2008 (Noon) D Requested City Commission Meeting Dates Date Final Fonn Must be Turned in to City Clerk's Office February 19, 2008 February 4, 2008 (Noon) March 4, 2008 February 19,2008 (Noon) March 18, 2008 March 3, 2008 (Noon) NATURE OF AGENDA ITEM D D D D D Announcements/Presentations Administrative Consent Agenda Code Compliance & Legal Settlements Public Hearing D D ~ D D City Manager's Report New Business Legal Unfinished Business I .&- 'C"J ("'):::j =i-< -(0 (-) -,., , rn 'T1O ~:.;~ -< ~ ~z f..,i')-; o .::) -". '"T] -"- -",[0 -/'1 n.> r'lC'") :r April 1, 2008 o March 17,2008 (Noon) C:I) '- J~ ~ ~ -.i... - - W rv RECOMMENDATION: Please place this request on the January 15, 2008 City Commission Agenda under Legal, Ordinance - Second Reading. The City Commission on January 2, 2008 approved this item under Public Hearing and Legal, Ordinance - First Reading, noting that the conditions of approval would be updated to recognize/document the revised sign design as represented by the agent at the January 2nd public hearing. For further details pertaining to this request, see attached Department Memorandum No. 07-123. EXPLANATION: PROJECT: AGENT: OWNERS: LOCATION: DESCRIPTION: Ticket Clinic (LUAR 07-005) Bradley Miller, AICP, Miller Land Planning Consultants, Inc. Jer Enterprises, LLC 3349 Federal Highway (East side of Federal Highway, north of Gulfstream Boulevard) Request to amend the Comprehensive Plan Future Land Use Map from CH/5 Commercial High/with underlying medium density residential of 5 dulac (Palm Beach County) to Local Retail Commercial LRC. Proposed Use: Professional Office PROGRAM IMPACT: FISCAL IMP ACT: ALTERNATIVES: io?~ City Manager's Signature Assistant to City Manager ~ .', / ~..-;....-- l" '------r /: _, Planning & Zonintuirector S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC City Attorney / Finance 1 ORDINANCE NO. 07- O.s':t 2 3 AN ORDINANCE OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, AMENDING ORDINANCE 89-38 5 BY AMENDING THE FUTURE LAND USE ELEMENT 6 OF THE COMPREHENSIVE PLAN FOR A PARCEL 7 OWNED BY JER ENTERPRISES, LLC., AND 8 LOCATED AT 3349 NORTH FEDERAL HIGHWAY, 9 SOUTH OF TURNER ROAD ON THE EAST SIDE OF 10 FEDERAL HIGHWAY; CHANGING THE LAND USE 11 DESIGNATION FROM COMMERCIAL HIGH (CHIS) 12 (PALM BEACH COUNTY) TO LOCAL RETAIL 13 COMMERCIAL (LRC); PROVIDING FOR 141 CONFLICTS, SEVERABILITY, AND AN EFFECTIVE 15 I DATE. 161 1 711 WHEREAS, the City Commission ofthe City of Boynton Beach, Florida has adopted 1811 a Comprehensive Future Land Use Plan and as part of said Plan a Future Land Use Element 191 pursuant to Ordinance No. 89-38 and in accordance with the Local Government 20 II Comprehensive Planning Act; and 2111 WHEREAS, the procedure for amendment of a Fulure Land Use Element of a 22 Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and 23 WHEREAS, after two (2) public hearings the City Commission acting in its dual 241 capacity as Local Planning Agency and City Commission finds that the amendment 25 hereinafter set forth is consistent with the City's adopted Comprehensive Plan and deems it in 26 the best interest of the inhabitants of said City to amend the aforesaid Element of the 27 Comprehensive Plan as provided. I 28 I NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE 29 CITY OF BOYNTON BEACH, FLORIDA, THAT: 30 Section 1: The foregoing WHEREAS clauses are true and correct and incorporated S:ICAIOrdinanceslPlanninglLand UselTicket Clinic.doc . J. 21 i 22 23 24 25 261 27 28 1 herein by this reference. 2 Section 2: Ordinance No. 89-38 of the City is hereby amended to reflect the 31 I following: 4 That the Future Land Use of the following described land located at 3349 North 5 Federal Highway, south of Turner Road on the east side of Federal Highway changing the 6 land use designation from Commercial High (CHIS) (Palm Beach County) to Local Retail 7 Commercial (LRC): 8 9 10 11 12 13 14 15 16 17 18 19 Lots 2 and 3 less the westerly 17 feet thereof, Kings Subdivision, according to the Plat thereof, as recorded in Plat Book 20, Page 47, of the Public Records of Palm Beach County, Florida. CONTAINING 0.37 ACRES (16,088 Sq. Ft.) OF LAND. Subject to easements, restrictions, reservations, covenants and rights- of-way of record. Section 3: That any maps adopted in accordance with the Future Land Use Element ofthe 20 Future Land Use Plan shall be amended accordingly. Section 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section S: Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 6: The effective date of this plan amendment shall be the date a final order is issued by the Department of Community Affairs finding the amendment to be in compliance in accordance with Chapter 163.3184, F.S.; or the date a final order is issued by the Administration Commission finding the amendment to be in compliance in accordance with Section 163.3184, S:\CA \Ordinances\Planning\Land Use\Ticket Clinic.doc - 2 - 7 8 9 10 I 11 I 12 I 13 i I 141 151 I 1611 17 I 181 191 2011 2111 221 231 241, 251 i 2611 2711 2811 I I I' i I I II I' I 1 F.S. 2 FIRST READING this ~ day of DeceM bet'" ,2007. 3 SECOND, FINAL READING and PASSAGE this _ day of .2008. 4 CITY OF BOYNTON BEACH, FLORIDA ~I Mayor - Jerry Taylor Vice Mayor - Jose Rodriguez Commissioner - Ronald Weiland Commissioner - Woodrow L. Hay Commissioner - Marlene Ross ATTEST: Janet M. Prainito, CMC City Clerk (Corporate Seal) II I S:\CA\Ordinances\Planning\Land Use\Ticket Clinic.doc TO: FROM: THROUGH: DATE: PROJECT NAME/NUMBER: REQUEST: Property Owner: Applicant! Agent: Location: Parcel Size: Existing Land Use: Existing Zoning: Proposed Land Use: Proposed Zoning: Proposed Use: DEVELOPMENT DEPARTMENT PLANNING &. ZONING DIVISION MEMORANDUM NO. PZ 07-123 Chair and Members Planning & Development ~_aJd and City Commission ~~17 Gabriel Wuebben Planner .. /1' L UJC/ Michael W. Rumpf ' Director of Planning and Zoning November 7! 2007 TIcket Clinic /(ANEX 07-001) (LUAR 07-005) To annex a 16,088 square foot (0.37-acre) parcel! to reclassify land use to Local Retail Commercial (LRC)! and to rezone to C-3! Community Commercial. PROJECT DESCRIPTION Jer Enterprises! LLC Mr. Ted Hollander / Bradley Miller! Miller Land Planning Consultants Inc. 3349 North Federal Highway! south of Turner Road on the east side of Federal Highway, (see Exhibit "All - Location Map) 16!088 square feet (0.37 acre) CHIS Commercial High (Palm Beach County) CG General Commercial (Palm Beach County) Local Retail Commercial (LRC) C-3! Community Commercial The applicant intends to refurbish the existing building! improve the parking and landscaping, and use the existing structure for professional offices. A site plan application has been filed and is currently under review. Ticket Clinic - Exhibit '.A" - Site Location Map 3349 N. Federal Hwy. - ANEX 07-001/LUAR 07-005 ;:: ,~ . /-. i s::~ ~-'>,,,"/ f!!1lJ. .~.--L / ..... t ~Ne~~D~.._.n I ...... Ir-~-~ .i ..._-~ &31 ! {"lr..... .. I I j ~ .:e -../ i fd l( C!' . . - SITE ~ ~- ~D . _.~--~--I "tI I> r- 3!: i. C ,;J ~-------------_._---~---~----- J I __ ,---..-.-...- . I l I-~-._._._..._----_. ......__._~._-_.-:--_.__.__... 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B5 & og ^ '~ t ~( d The Ticket Clinic F ~ !ig~ ~ I ~ H Ii ~~,d ~?~~ 1 m . ~:"H t H ~ I'~' ." , .1 ~ ~ 0 ~ 0 !i ~ ll.~. i ii rl ~ , " ~ , ~ ;ilK': lip ~ z -0 ~!j Ii '! UA ):Cl ~ f ~ "j i I City or Boynton Beach. Florida Z () m ~ o Z \1\ '" ." 8 '" " '> z ..~ ~ " . t Ii -II I I \II 0 c 1111 !WP I Ii iil :i' m 'l" \1\ I .1 '111" I I " ~ m I! 9 I ! ~ I I i > 0 ~i ::j Z 0 Z > -r 1f z <::) pJ %, m <: ij! > Q' ):1 ::j ~i ; 0 51 Z z @ !l ." 8 7<l " s: z I' ill I' II!! ,Ph 11111 , lI'il! I.! I",i 'Ill I I' , i Ii II , i ------, I i I 10m ~W! I!IIIII . I, 'I' li~il "I" ill . I' I I I' I[ 'i:i I" I I <;1 I ''1 II Z o ~ --0- ~ ~ . m ~ > ::j o Z i I ! II ,I i II l~;ill , I 1 ~i l!J r ,~! TICKET CLINIC CI'TY D~ eDYN'TnN &EACH FLDItlDA I ~ I :; ~l;Ii II~ ): -\ is IZ ~ " " 'l i 'i I , LI' .c.1JCllF ~.!... It: 1",:1'.~ I ~I. ---- , ,. ---::=, .-a.D ~ ' ... ! --.^'~ """.,."..". = , ~ @ ~ @@:0 @~ ~ ~[;= ~@:0 @ ~~ ~~ c:::J ~@ ~~ =[2 e== == a~ o [;:::-.J ~d @ G=J o c:::J ~@g@' ~.~~c=JO~@ 2S~~~@ ~@ n G3~) c=J c=.J d 0 p(2S) ES~ I J Ie .,0-.9 Cl f- >- UJ Z c... '<r UJ 0 :: u z :::l :E z Cl UJ :::l 0 VI ...J :: VI ::::! Cl 0 co ~ UJ ~ ...J Cl <x: VI z Z UJ ~ ex: ...J UJ CO :J: f- :::l ~ 0 f- Cl ~ : .., I II ~ ~ ~ I I~ ,..' ,"d""_ _.... E ., " ..0-,8 ~ e: .~ '> & ~ ~ ~ ~ ~ .g ~ g..2 -:.:; :t 8 ~ ~'~ 3 ~ e.~ ~Ji .. . JHH11 ~~E~~~~c7. l-~e~1leQ ~ .. o ~ ~ ;;; > o 5- "- -0: ~ t: .!!i U ;;; > e ,"- ii >. ~ .. e- o.. Z. .....;;;~ E rM\OO "",..,u Z ...,J""'" "-Ne: ..'~ - . OIl r r\ .' ~,..,'13 U-~ tO~-~- ... " ,... ~ ~ a;...r ~ .i...-I 2. -g It'd ~" rc:I 0'\. if) ....,J E I:X' 1: . 8 ~' "'0 ~~.g ~_ i~~ -0:....'" ..5 ~ GJ ...0......0: C"\. ~ ~ ~ -......;.J zanClJ Lr.O'\ro ~1I~ H;H~ ;15 ~ 5 ~'l ~ ,!o :ii ~.5 ~ . E ~ .E ~ ~ ~.s ~:;g~~~~ &t'~.s p.; ~ UJ1UI ~~~E~~~ ..." ;;'l ':I ~ ~ ~~~~S~~ ... _ ...:r>'."'S, e 00 "- ~ "' i3 ~ i ~ 0 '" ..,. ~ ;: - 0 <0 .. ~ .. ~ '" 8 .. ;< ::! 0 0 0 J; u Z ::J U I;; "" u t= "' ~ ~ I- ., o -, ~ I ~ . w -' Iii"- u... ;1;- :x: u :. :;\ CCO Z >- ~ 5 M "' MO -' ;;! "" ;;j u... ::> o ...,J '" ::! o o -0: <C "' '" EXHIBIT "e" Conditions of Approval Project name: Ticket Clinic File number: ANEX 07-001/LUAR 07-005 Reference: DEP ARTMENTS 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 PLANNING AND ZONING Comments: 1. All signage must be approved concurrent with the request for Annexation X and Land Use/Rezoning, in conjunction with site plan approval. Ultimate signage must be reduced in maximum height from the reported 14' to 8', and shall be setback a minimum of ten-feet (10') from any property boundary. 2. The applicant shall modify the proposed sign colors and lettering to X improve aesthetic compatibility with new signage in the corridor. Staff recommends that the sign be occupied predominantly by muted colors, more subtle copy, with the corporate colors being limited to a smaller portion (approx. 20%) of the sign. Further, staff recommends the use of block and stucco, tile, scoring, channel letters, stone and/or other materials to achieve compatibility with the intended appearance of the corridor. The intent of this condition may also be satisfied through the use of other materials applying a faux design concept to meet the appearance objective. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. The monument sign shall be modified to match the graphic presented by the X applicant at the January 2, 2008 Commission meeting, consisting of a white background, company logo on the left, " The Ticket Clinic" on the right, with "The" and "Clinic" in black letters, "Ticket" in yellow, and the phone number in smaller font, in black, on a yellow background at the bottom. S:\Planning\SHARED\WP\PROJECTS\Ticket Clinic\LUAR 07-005\COA Ticket Clinic.doc Exhibit "0" - Federal Highway Signage Examples XII. - LEGAL DEVELOPMENT ITEM A.3 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Requested City Commission Meeting Dates Date Final Form Must be Turned in to City Clerk's Office ~. March 17,2008 (Noonph ("'") G-I ~-< -(0 ,::'""> -'1 --- t:O !Ita -< z ,,:'-1 o r::) z: -q ...,':D -fTl "> 'rr1("') ::c o December 18,2007 o January 2, 2008 [8J January 15,2008 o February 5, 2008 December 3, 2007 (Noon) 0 February 19,2008 December 17, 2007 (Noon) 0 March 4, 2008 December 31, 2007 (Noon) 0 March 18, 2008 January 14, 2008 (Noon) 0 April 1, 2008 February 4, 2008 (Nooo+> CO <- February 19, 2008 (No~ I March 3, 2008 (Noon) &"" NATURE OF AGENDA ITEM o o o o o Announcements/Presentations Administrative Consent Agenda Code Compliance & Legal Settlements Public Hearing o o [8J o o City Manager's Report New Business W N Legal Unfmished Business RECOMMENDATION: Please place this request on the January 15, 2008 City Commission Agenda under Legal, Ordinance - Second Reading_ The City Commission on January 2,2008 approved this item under Public Hearing and Legal, Ordinance - First Reading, noting that the conditions of approval would be updated to recognize/document the revised sign design as represented by the agent at the January 2nd public hearing. For further details pertaining to this request, see attached Department Memorandum No. 07-123. EXPLANATION: PROJECT: AGENT: OWNERS: LOCATION: DESCRIPTION: Ticket Clinic (LUAR 07-005) Bradley Miller, AICP, Miller Land Planning Consultants, Inc. J er Enterprises, LLC 3349 Federal Highway (East side of Federal Highway, north of Gulfstream Boulevard) Request to rezone from CG General Commercial (Palm Beach County) to C-3 Community Commercial. Proposed Use: Professional Office PROGRAM IMP ACT: FISCAL IMPACT: ALTERNATIVES: i~ City Manager's Signature Assistant to City Manager ~ //1 ~ _.--? / /- fJ /- ~"",....".!'- (' ---1.../ _ Planning & Zoning ~~or _ . . City Attorney / Finance S:\Plannmg\SHAREDlWP\PROJECTS\T1cket Chmc\LUAR 07-005\Agenda Item Request TIcket Chmc LUAR 07-005 Rezone 1-15-08.doc S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19, II 20 II 2111 22 23 2411 25 26 27 28 29 30 31 ORDINANCE NO. 07- D'-lD AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE APPLICATION OF TED HOLLANDER, AMENDING ORDINANCE 02-013 TO REZONE A PARCEL OF LAND LOCATED AT 3349 NORTH FEDERAL HIGHWAY, SOUTH OF TURNER ROAD ON THE EAST SIDE OF FEDERAL HIGHWAY, AS MORE FULLY DESCRIBED HEREIN, FROM GENERAL COMMERCIAL (CG) (PALM BEACH COUNTY) TO COMMUNITY COMMERCIAL (C-3); PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted Ordinance No, 02-013, in which a Revised Zoning Map was adopted for said City; and WHEREAS, Jer Enterprises, LLC, owner of the property located at 3349 North Federal Highway, south of Turner Road on the east side of Federal Highway in Boynton Beach, Florida, as more particularly described herein, has filed a Petition, through its agent, Bradley Miller of Miller Land Planning Consultants, Inc" pursuant to Section 9 of Appendix A-Zoning, of the Code of Ordinances, City of Boynton Beach, Florida, for the purpose of rezoning a parcel of land, said land being more particularly described hereinafter, from General Commercial (CG) (Palm Beach County) to Community Commercial (C-3); and WHEREAS, the City Commission conducted a public hearing and heard testimony and received evidence which the Commission finds supports a rezoning for the property hereinafter described; and WHEREAS, the City Commission finds that the proposed rezoning is consistent with an amendment to the Land Use which was contemporaneously considered and approved at S :\CA \Ordinances\Planning\Rezoning\Rezoning -Ticket Clinic.doc 24 Section 3. 25 accordingly. 26 Section 4. 27 repealed. 28 Section 5. 1 the public hearing heretofore referenced; and 2 WHEREAS, the City Commission deems it in the best interests of the inhabitants of 3 said City to amend the aforesaid Revised Zoning Map as hereinafter set forth, 4 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 5 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 6 Section 1. The foregoing Whereas clauses are true and correct and incorporated 7 herein by this reference. 8 Section 2. The following described land located at 3349 North Federal Highway, 9 south of Turner Road on the east side of Federal Highway in Boynton Beach, Florida, as set 10 forth as follows: 11 12 1311 14 I 15 16 I 17 18 19 20 21 Lots 2 and 3 less the westerly 17 feet thereof, Kings Subdivision, according to the Plat thereof, as recorded in Plat Book 20, Page 47, ofthe Public Records of Palm Beach County, Florida. CONTAINING 0.37 ACRES (16,088 Sq. Ft.) OF LAND. Subject to easements, restrictions, reservations, covenants and rights-of-way of record. be and the same is hereby rezoned from General Commercial (CG) (Palm Beach County) to 22 Community Commercial (C-3), A location map is attached hereto as Exhibit "A" and made a 23 part of this Ordinance by reference. That the aforesaid Revised Zoning Map of the City shall be amended All ordinances or parts of ordinances in conflict herewith are hereby Should any section or provision of this Ordinance or any portion thereof s: \CA \OrdinancesIPlanninglRezoning\Rezoning -Ticket Clinic. doc 6 7 8 9 10 11 12 13 14 15 16 17 1811 1911 ~~ II 22 23 24 25 26 27 28 1 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect 2 the remainder of this Ordinance. 3 Section 6. This ordinance shall become effective immediately upon passage. 4 FIRST READING this _ day of ,2007. 5 SECOND, FINAL READING and PASSAGE this _ day of ,2008. CITY OF BOYNTON BEACH, FLORIDA Mayor - Jerry Taylor Vice Mayor - Jose Rodriguez Commissioner - Ronald Weiland Commissioner - Woodrow L. Hay ATTEST: Commissioner - Marlene Ross Janet M. Prainito, CMC City Clerk (Corporate Seal) S :\CA \Ordinances\Planning\Rezoning\Rezoning -Ticket Clinic. doc TO: FROM: THROUGH: DATE: PROJECT NAME/NUMBER: REQUEST: Property Owner: Applicant! Agent: Location: Parcel Size: Existing Land Use: Existing Zoning: Proposed Land Use: Proposed Zoning: Proposed Use: DEVELOPMENT DEPARTMENT PLANNING & ZONING DIVISION MEMORANDUM NO. PZ 07-123 Chair and Members Planning & DevelopmltFd and City Commission Gabriel wuebbenW Planner ..4 'LLJU Michael W. Rumpf Director of Planning and Zoning November 7, 2007 "Ticket Clinic /(ANEX 07-001) (LUAR 07-005) To annex a 16,088 square foot (0.37-acre) parcel, to reclassify land use to Local Retail Commercial (LRC), and to rezone to C-3, Community Commercial. PROJECT DESCRIPTION Jer Enterprises, LLC Mr. Ted Hollander / Bradley Miller, Miller Land Planning Consultants Inc. 3349 North Federal Highway, south of Turner Road on the east side of Federal Highway, (see Exhibit "A" - Location Map) 16,088 square feet (0.37 acre) CH/5 Commercial High (Palm Beach County) CG General Commercial (Palm Beach County) Local Retail Commercial (LRC) C-3, Community Commercial The applicant intends to refurbish the existing building, improve the parking and landscaping, and use the existing structure for professional offices. A site plan application has been filed and is currently under review. -- Ticket Clinic ANEX 07-001 and LUAR 07-005 incrementally annex enclave and pocket properties with the intent to reducing them below the 10-acre threshold. Therefore, the annexation of this parcel is consistent with the only policy within the Comprehensive Plan regarding annexation. Existing land uses along the U.S. 1 frontage are predominately retail; therefore a Local Retail Commercial (LRC) land use designation and Community Commercial (C-3) zoning category are appropriate, both for lots which are presently in the City, and for those which will be annexed. The subject property lies within Planning Area V as designated in the Federal Highway Corridor Community Redevelopment Plan. Area V contains a mix of land uses, including commercial uses, on small parcels. The residential nature of Planning Area V is to be preserved according to the Federal Highway Redevelopment Plan, which serves as the foundation for the creation of the Infill Planned Unit Development zoning district. However, although residential uses are encouraged in the redevelopment of Planning Area V, the subject property is insufficient in size to support a residential project. In connection with previous annexation studies, city departments most affected by annexations (e.g. Police, Fire, and Public Works), have been surveyed for issues related to service capability and costs. All opinions previously collected from these departments supported the incremental annexation of enclaves. These opinions have been based on the following: 1. The enclaves are all immediately adjacent to areas within the city that currently receive urban services; 2. Ample service capacity exists to serve adjacent unincorporated properties; and 3. Most enclaves currently receive service from the city via the mutual aid agreement (Police and Fire / EMS only); With respect to impact upon roadways, the Palm Beach County Traffic Division has yet to review the project to confirm that it meets Traffic Performance Standards of Palm Beach County. The applicant must provide evidence of Traffic Concurrency prior to ordinance adoption. The Police and Fire Departments report that this project has been reviewed for potential service impacts and availability, and based on the proposed use, office /professional space, it has been determined that services allocated to, or existing within the area are adequate to provide the project with a necessary level of service. With respect to the status of the site and any existing or proposed uses, the property appears to have been abandoned for some time. This conclusion is based on the lack of property maintenance, the dilapidated condition of the existing building, and lack of intact site and building signage. The site generally conforms to the City's site regulations including minimum lot area and frontage, as indicated by the survey and other site plan documents simultaneously submitted for new site plan approval (NWSP-07-Q06). There is however, a site sign proposed for the project that would not conform to the city's sign regulations with respect to maximum height and minimum setback. The proposed sign is actually in place, and staff understands that it was the subject of a county sign permit. However, staff also understands that its current location is inconsistent with the corresponding permit, and that it may have been initially 1_':1- ..., Ticket Clinic ANEX 07-001 and LUAR 07-005 planned for an existing sign structure located at the southwest corner of the property. Instead, it was erected with a new structure just north of the existing driveway with the intent that its placement would be followed-up with a corresponding amendment to the sign permit. The City's sign regulations (Part 3, Chapter 21) require that all non-conforming signs annexed into the city be brought into compliance within 6 months of annexation. However, given the lack of county approval, and since the request for annexation is being accompanied by a request for site plan approval, the sign has no official pre-existing status and should therefore be brought into compliance with city regulations as a condition of annexation. In addition to providing a sign that complies with the City's height and setback standards, it should also be modified to provide a color scheme and letter size that is more compatible with the vision for the corridor, which in part, is represented by the existing and proposed residential projects along the corridor. More recently approved signage in this area along Federal Highway is typically constructed of decorative stone and brick, with stylized lettering and an emphasis on aesfhefiCql.JalltY: EXIsting. signs .. irithecorridor represenfacombTnafiori--6f.. ava-fiet\T of old commercial signs, most of which were recently identified by the County as part of a non- conforming sign study, and new residential signage that is consistently seen as part of entry walls and other features, using block and stucco, tile, scoring, channel letters and external illumination. Although commercial developments typically do not present the same opportunity for hIghly stylized signag~- tbe-City should attempt to maintain amil'1imum standard with respect to the quality of signage permitted. Staff recommends that the applicant revisit the design of the sign face in an effort to bring the proposed signage more in line with that of the surrounding area, with particular emphasis on colors and lettering (For additional information on this sign, see Exhibit "C" - Conditions of Approval, Exhibit "D" - Federal Highway Signage Examples, and the staff report for the corresponding site plan application). CONCLUSIONS/RECOMMENDATIONS As indicated herein, this request is consistent with the intent of the Comprehensive Plan; would not create additional impacts on infrastructure that have not been anticipated in the Comprehensive Plan; would be compatible with adjacent land uses and would contribute to the overall economic development of the City. Therefore, staff recommends that the subject request be approved. If additional conditions of approval are recommended by the Community Redevelopment Agency Board or required by the City Commission, they will be included as Exhibit "C" - Conditions of Approval. ATTACHMENTS S:\Planning\SHARED\WP\PROJECTS\Ticket Clinic\LUAR 07-005\Staff Report - Ticket Clinic LUAR.doc TIcket l;lInlC - I:Xhlblt nAn - 51te Location Map 3349 N. Federal Hwy. - ANEX 07-001/LUAR 07-005 := 1------- . / ......" Iri~'.' i I.J~Ni!]~'~ :r~.. ... I? ~D J - II ---- &3i i I~--l I . I j ----~-- , --------- i I~ r- i: c ~ I -'--j' ~---- I i I --~j ---~ I I I ---./ I i I ------ ----- i I I ----~ ~~ --.---- - I I I-- I I ::: I .... ---~.- I I I I !Iii ........--.---- I 110 55 0 110 220 ~- 330 s t:^-Hl tsl I I::S M:\M L P C\PROJECTS\The Ticket Clinic\DRAWINGS\Site Plan Tart Comments.dwg, 10/22/20074: 11:12 PM, Adobe PDF ZI~~~~~~-~~~~~m~m_z ~ g g ~ ~~ ~ ~ [~~ ~ ~ g ~ ~ ~ ~:~. ~ g. ~'~'c5cE ~~ ~~Q.~~~ ~~ ~~ 6 ~ ~~a:~Q Q~~~n~~g~g 0 ~r~~51 roi8~g~gsg~ ~ ~ ~..n g ~. Q a Q1 C '0 E a :s- S'CC c. s;: !! 0- 0. ~. c... 0. m co 0 0 - -.(0 0 c m 0 [~ _fm g ~ ~~i~~i' ~ 55- CD ~g~7":rtB. a 8:J !:!! ~ 7" ~<E' 6 .0 Qno g_Q ~ '<co'" x ::I ::I "'tI t.) -<6~ ~ -< g :J -<: ::::O=D:n:::=---;':~n;::d~a~-T-- 10"'"Q '" PUD Gulhtreom Gardens - City w~ w,-_ ~ -------~~~~~~~y~~~------- --NFEDERALHIGHWAY--- w w ~~ 17' LESSOUT FOR ROAD R/W a - ! I 2H ;; U; f ! i ~ ~ , . q fj fj i J ~ ... g-- ~ . ~ ~ [ 0 0 i ~ . > I - i I:; ~ : " g'~3~ [~?i " a a :e~~ 5' is'~ ~. ~gE "0 Q.~CD~ Cl> r- !l ~ CD as ~. ~, ~ ~~fO Q. 0 =4 -< ~~~ -< ~$'5~ o a 0 ~N~ 9 0 n c 0 ~ M" :I as' )> (tl ro 0 . , c ~. Cl> ~2:iiO 0 gg ~ S w < . Cl> n_o !}~~ S ~ h 0- g:~ 0 Soe:: 24' "0 :J 0 ;, or 0 3 .<_D a 6 ~ " 0 ~ Cl> ro :;- " :J ~ m ~ ~I~~~ 15 ro ~ 0'" .. . j '" '" <~~~ il 0 n " :t S. ro :J Cl> "'0>-8 ro (Q " -0> ............ .... .. n ro - - . a c: <-, . l!: " :r g: c:.~ ~; "r- '- 0 . '" 0 "'.... '-lo- il. " ~ o. -50';00 o 0 0 0 !l. '" -< ~ ..,- () n r 0 !i 0 ;.; u. 0 5 81"''' - ~ '" n:-. ().. 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'"- "8 ~ ~.!~~! ~ e ~ ~~ g :j HHn~ ~ ~ ~ ~i ~ ] ~ H i~~i~ ~~!Ei~sg ~ ~ o ~ '" o i6 > o 5- Q. < ~ c: .!:' U -;;; > e 0. 0. -0: ~ OJ '" ~ o ,.., t: <lJ 0. o It :::rrdE Z~ ~~i V..~.~."'.~."! iIIiI( 'E . ~ ~~ ~ ~ ~ r/'\"t:OO IJJX 0 0 ~ ~v :-;t ~ ~M; ~teo:: ~~~d ",O-ill :2tJ- ~' ~ .g ~'~ ~~~'~E.i Frc ~ ~ : ~ t.;~~; ~ ~ 5 ~ ;.~ ~ ~~ 1:::6i5]~2. ~~~"~....e &f'.i: :.gd ~f~~~'i& ~~~~~'l.~ ~~i~;~~ ~~~2.~t~ ~-:5.Ee~~e '" ~ '" ~ '" i:3 ..:. ~ 0 '" '" ~ ~ .... '" oi.: 0 .. ~ ~ ~ '" ... ,. ai c I:) 0 I:) u Z ::; u I;; '" u t= w J: ;- ~ t= '" o -, ~ :I: ~ . ~Ii ~ ~~ ~ ~ is", Z >- '" ;2 .....J ..., W ...,0 ..J ..J W '" if; "- 5 ...J <>. w '" ~ ~ '" '" o o -0: ~ W ..J " VI AUPo.31UnJ l'f.lU 'l[j EXHIBIT "e" Conditions of Approval Project name: Ticket Clinic File number: ANEX 07-001/LUAR 07-005 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 PLANNING AND ZONING Comments: 1. All signage must be approved concurrent with the request for Annexation X and Land Use/Rezoning, in conjunction with site plan approval. Ultimate signage must be reduced in maximum height from the reported 14' to 8', and shall be setback a minimum of ten-feet (10') from any property boundary. 2. The applicant shall modify the proposed sign colors and lettering to X improve aesthetic compatibility with new signage in the corridor. Staff recommends that the sign be occupied predominantly by muted colors, more subtle copy, with the corporate colors being limited to a smaller portion (approx. 20%) of the sign. Further, staff recommends the use of block and stucco, tile, scoring, channel letters, stone and/or other materials to achieve compatibility with the intended appearance of the corridor. The intent of this condition may also be satisfied through the use of other materials applying a faux design concept to meet the appearance objective. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. The monument sign shall be modified to match the graphic presented by the X applicant at the January 2, 2008 Commission meeting, consisting of a white background, company logo on the left, "The Ticket Clinic" on the right, with "The" and "Clinic" in black letters, "Ticket" in yellow, and the phone number in smaller font, in black, on a yellow background at the bottom. S:\Planning\SHARED\WP\PROJECTS\Ticket Clinic\LUAR 07-005\COA Ticket Clinic.doc Exhibit "0" - Federal Highway Signage Examples XII. - LEGAL - 2nd Reading Non-Development ITEM B.l CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Requested City Commission Meeting Dates Date Final Form Must be Turned in to City Clerk's Office D December 18, 2007 D January 2, 2008 ~ January 15, 2008 D February 5, 2008 December 3, 2007 (Noon) D February 19,2008 December 17,2007 (Noon) D March 4, 2008 December 31, 2007 (Noon) D March 18,2008 January 14, 2008 (Noon) D April 1, 2008 February 4,2008 (Noon) February 19,2008 (Noon) Legal Unfmished Business W N C) C"':l:::j =i-< -<0 c)...., ,-- co !'7To ~"O - ..". -;; -~:z v') -., o ,:::) ::;c ...., ..,co -", C).> ",C":) :r o March 3, 2008 (Noon) a:> c.... March 17,2008 (Nooni: , .&:- NATURE OF AGENDA ITEM D D D D D Announcements/Presentations Administrative Consent Agenda Code Compliance & Legal Settlements Public Hearing D D ~ D D City Manager's Report ~ New Business == '0 RECOMMENDATION: Conduct Second Reading of the attached Ordinance 08-001 transferring Land Development Review responsibilities from the Board of the Community Redevelopment Agency (eRA) to the Planning and Development Board. The City Commission approved this item under Legal, Ordinance - First Reading on January 2, 2008. EXPLANATION: At its meeting on December 3, 2007, the City Commission determined that it would facilitate the review of applications for Development Orders by consolidating all advisory review at the Planning and Development Board. PROGRAM IMPACT: Consolidation of all advisory reviews at the Planning and Development Board would eliminate duplicate review by the members of the City Commission who also serve in the dual capacity as CRA Board Members. FISCAL IMPACT: N/A ALTERNATIVES: Maintain status quo of having the CRA Board review applications for development orders in the CRA area. ,//'1-_" / Planning. and Zo~r'ctOf' ~ City Manager's Signature Assistant to City Manager ~ City Attorney / Finance S:\Development\Admin-Shared\Agenda Items\Current Commission Meeting\P & D review of Dev Orders - 2nd Reading 1-15-08.doc S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC ORDINANCE NO. 08- tJo / 2 AN ORDINANCE OF THE CITY COMMISSION OF THE 3 CITY OF BOYNTON BEACH, FLORIDA 4 AMENDING LAND DEVELOPMENT REGULATIONS 5 ARTICLES I AND II TO TRANSFER LAND 6 DEVELOPMENT REVIEW RESPONSIBILITIES FROM 7 THE COMMUNITY REDEVELOPMENT AGENCY TO 8 THE PLANNING AND DEVELOPMENT BOARD, 9 AMENDING ARTICLE I IN PART AND DELETING 10 ARTICLE II IN ITS ENTIRETY PROVIDING FOR 11 CONFLICTS, SEVERABILITY; CODIFICATION AND 12 AN EFFECTIVE DATE. 13 WHEREAS, the City Commission has determined that it would facilitate the review 14 f applications for Development Orders to consolidate all advisory review to the City's 15 lanning and Development Board. This consolidation will eliminate duplicate review by the 16 embers of the City Commission who serve in the dual capacity of City Commission and 17 ommunity Redevelopment Agency; and 18 NOW THEREFORE, IT IS HEREBY ORDAINED BY THE CITY COMISSION 19 F THE CITY OF BOYNTON BEACH FLORIDA, THAT: 20 Section 1. Each Whereas clause set forth above IS true and correct and 21 ncorporated herein by this reference. 22 23 Section 2. s follows: Article I. General, of the Land development Regulations are amended 24 Planning and development board-Establishment and composition. 25 A. A City of Boynton Beach Planning and Development Board is hereby created and 26 stablished, consisting of seven (7) regular members and two (2) alternate members appointed 27 y the City Commission of the City of Boynton Beach, Florida. 28 B. The mayor and City Commission shall appoint the members of the pflanning and 29 Development aBoard in accordance with the appointment procedures followed by the 30 Commission. The nomination shall be subject to the confirmation of a majority vote of the 31 ity Commission. \CA \Ordinances\CRA powers of review( qg)(O 1 0808).doc terns in bold are changes between first and second reading - J- 1 C. All members of the planning and development board must be residents of the City of 2 oynton Beach, Florida. 3 D. The commission in appointing members to the planning and development board shall 4 ive preference, when possible, to design professionals licensed in the disciplines of 5 rchitecture, landscape architecture, landscape design and planning. 6 E. 7 8 9 10 11 12 13 Advisory authority, functions, powers, and duties. 14 A. The planning and development board shall have the authority and duty to consider 15 d recommend upon applications for land development activity, as hereinafter set forth, after 16 lrst considering the recommendations thereon of the city staff. plRnning RDd zoning 17 .:., and after a In making its recommendations to the City Commission the Board 18 hould consider the im act of the ro osed develo ment activit and whether or not the 19 evelo ment will determination of fact that application '",ill not generate excessive noise or 20 raffic; tend to create a fire, disease or other equally or dangerous hazards; provoke excessive 21 vercrowding or concentration of people or population; be in harmony and compatible with 22 he present and future developments of the area concerned; conserve the value of buildings 23 d encourage the most appropriate use of land and water; provide adequate light and air; 24 romote such distribution of population and such classification of land uses, development and 25 tilization as will tend to facilitate and provide adequate provisions for public requirements, 26 ncluding, but not limited to, transportation, water flowage, water supply, drainage sanitation 27 ducational opportunities, recreation, soil fertility, environmental protection, and food 28 upplies; prohibit wasteful and excessive scattering of population of settlements; conform to 29 he character of the district and its particular suitability for particular uses; be consistent with 30 he needs of the city for land areas for specific purposes to serve population economic 31 ctivities; protect the tax base; facilitate and carry forward the intent and purpose of the city's 32 omprehensive plan; would not be disruptive to the character of the neighborhood or adverse 33 0 play grounds, parks, schools and recreation areas; would not be adverse to the promotion of 34 ublic health, safety, comfort, convenience, order, appearance, prosperity or general welfare. 35 B. The planning and development board shall have all powers heretofore vested in the 36 lanning and zoning board and the community appearance board. 37 C. The planning and development board shall be responsible for all duties heretofore 38 arried out by the planning and zoning board and the community appearance board. :\CA \Ordinances\CRA powers of review{ qg){O I 0808).doc terns in bold are changes between first and second reading - 2 - 1 2 3 D. All references in the Land Development Regulations of the City of Boynton Beach to he planning and zoning board or to the community appearance board shall hereinafter be onstrued to mean the Planning and Development Board. 4 5 E. Provide recommendations to the community redevelopment agency for matters elated to the central business district. 6 7 8 1. The board shall have the power to issue nonbinding recommendations to the ommunity redevelopment agency on matters specifically referred to it by the community edevelopment agency. 9 10 11 2. The board shall have no other powers with respect to the central business district nd the community redevelopment agency unless specifically granted or assigned by the City ommlSSlOn. 12 13 14 15 3. All administrative staff and any other staff support for the duties of the board as set orth in this subsection shall exclusively be provided by the City of Boynton Beach epartment of Community Improvement under the direction and supervision of the city anager. 16 Quasi Judicial i\uthorityAdvisorv ;- functions, powers, and duties. 17 18 19 20 21 22 A. The Planning and Development Board shall have the authority and duty to hear and ake recommendations to the Cit Commission on all a lications for land develo ment atters. includin the followin "decide, in a quasi judicial capacity, administrati'v'e appeals, 23 24 25 26 27 28 29 30 31 32 33 34 35 36 terns in bold are ehanges between first and second rl>ading 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 :ICA IOrdinanceslCRA powers of review( qg)(O I 0808).doc terns in bold are changes between first and second reading - 4- 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 .\CA\Ordinances\CRA powers ofreview(qg)(OJ 08(8).doc terns in bold are changes between first and second reading -. ~ - 1 2 3 4 5 6 I 3. taken by ~ . 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 SICA \Ordinances\CRA powers of review( qg)(O 1 0808).doc Items in bold are changes between first and second reading - 6- 1 2 3 4 5 6 7 8 9 10 11 . , 12 13 14 15 1. Annexation. 16 2. Code review. 17 3. Comprehensive plan text amendment. 18 4. Consistency review. 19 5. Development of regional impact amendment. 20 6. Height exception. 21 7. Land use plan amendment/rezoning. 22 8. Rezoning. 23 9. Telecommunication towers (waiver or reduction of separation requirements and/or 24 pecial exception regarding application rejection). 25 10. Conditional Use Approval. 26 B. 27 28 11. Abandonment. :\C A\Ordinances\CRA powers of revlew(qg)(O I 0808).doc terns in bold are changes between first and second reading 1 12. Administrative appeal. 13. Community Design Plan appeal. 14. Concurrency appeal. 15. Concurrency time extension. 16. Landscape appeal. 17. Master plan modification. 18. Master plan time extension. 19. Major site plan modification. 2+0. New site plan. ~+1. Site Plan time extension. 2 3 4 5 6 7 8 9 10 11 ~+2. Subdivision - master plan. 12 ~+3. Use approval. 13 ~+4. Zoning code appeal. 14 ~+5. Conditional use approval time extension. 15 26. Sidewalk cafes. 16 17 18 19 20 GB. Except for actions taken re2ardin2 mobile vendor applications. N,!!o action of he Planning and Development Board or the Community Rede';elopment Board '.",hen the , shall be considered a final action of the City until ratified by the City Commission. The rocedure for ratification shall be as follows: 21 22 23 1. All matters which have been reviewed and acted on by the Planning and evelopment Board shall be reduced to writing as a proposed Development Order. The form fthe proposed Development Order shall be approved by the City Attorney. 24 25 26 27 28 2. All proposed Development Orders shall be submitted to the City Commission at !. regular City Commission meeting following action by the Planning and evelopment Board.=. or the Community Redevelopment ,^~gency. The item shall be ., . When a legislative item, such as a land use amendment '" :\CA\Ordinances\CRA powers ofreview(qg)(O I 0808).doc terns in bold are changes between first and second reading - 8 - 1 s consolidated with a quasi-judicial item, such as a rezoning, both items shall proceed using 2 he quasi-judicial process, but consolidation shall not alter the legal standard for review, or the 3 urden of proof. 4 3. The City Commission may table a proposed Development Order to insure that 5 roper notice and opportunity to be heard is provided to the applicant, the public, and any 6 ther interested parties. All documents and evidence that were submitted to the Planning and 7 evelopment Board or Community Redevelopment ,''<genc)' Board constitute part of the 8 ecord of the proceeding before the City Commission and it is presumed that the City 9 ommission accepted and considered the documents and evidence in its consideration of the 10 ssues before the Commission. 11 4. Following approval of a FRtifieRtio8 Retia8 08 of it proposed Development ] 2 rder by the City Commission, the City Clerk shall date and sign the Development Order and ] 3 ssue it as a final order. 14 Revie'N of board decisions. Finality and Review 15 All decisions of the planning and development board shall be advisory to the City 16 ommission;., unless othenvise stated in this Article or by of an ]7 18 ] 9 Once final, a decision may be reviewed by the filing of a Petition for Writ of 20 ertiorari in the Circuit Court of the 15th Judicial Circuit in and for Palm Beach County, 21 lorida, and in accordance with the procedure and within the time provided by court rule and 22 uch time shall commence to run from the date of the decision sought to be reviewed. decisions of the 23 24 25 26 27 28 29 Section 3. Article II of Chapter 1.5 of the Land Development Regulations entitled 30 OMMUNITY REDEVELOPMENT AGENCY BOARD is deleted in its entirety. 31 32 Section 4. Each and every other provision of Chapter 26, not herein specifically 33 mended shall remain in full force and effect as previously enacted. 34 Section 5. All ordinances or parts of ordinances in conflict herewith be and the IC A IOrdinanceslCRA powers of review( qg)(O I 0808 )doc terns in bold are changes between first and second reading .') . 1 ame are hereby repealed. 2 Section 6. Should any section or provision of this ordinance or portion hereof, any 3 aragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, 4 uch decision shall not affect the remainder of this ordinance. 5 Section 7. Authority is hereby granted to codify said ordinance. 6 Section 8. This ordinance shall become effective immediately upon its passage 7 nd adoption. FIRST READING this _ day of , 2008. 8 9 10 11 SECOND, FINAL READING AND PASSAGE this ,2008. day of 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 TTEST: anet M. Prainito, CMC ity Clerk CORPORATE SEAL) ICA IOrdinanceslCRA powers of review( qg)(O] 0808).doc terns in bold are changes between first and second reading CITY OF BOYNTON BEACH, FLORIDA Mayor - Jerry Taylor Vice Mayor - Jose Rodriguez Commissioner - Ronald Weiland Commissioner - Woodrow L. Hay Commissioner - Marlene Ross - 10- XII. - LEGAL - 1st Reading ITEM C.1 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FOmvl Requested City Commission Date Final Form Must be Tumed 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 18, 2007 December 3, 2007 (Noon) 0 February 19,2008 February 4, 2008 (Noon) 0 January 2, 2008 December 17,2007 (Noon) 0 March 4, 2008 February 19,2008 (Noon) X January 15,2008 December 31, 2007 (Noon) 0 March 18,2008 March 3, 2008 (Noon) 0 February 5, 2008 January 14,2008 (Noon) 0 April I, 2008 March 17,2008 (Noon) 0 AnnouncementslPresentations 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM 0 Consent Agenda X Legal 0 Code Compliance & Legal Settlements 0 Unfmished Business 0 Public Hearing 0 RECOMMENDATION: Please place this request on the January 15th, 2008 City Commission Agenda under Legal, Ordinance - First Reading. This Ordinance represents an amendment to part III, Land Development Regulations, Chapter 20, Buildings, Housing and Construction Regulations, Article I, in general, by amending Section 4, Fees, Subparagraph a; providing for building division fees. EXPLANATION: Staff has recently reviewed Chapter 20 of the Land Development Regulations, titled Building, Housing and Construction Regulations as well as Ordinance No. 06-084, Boynton Beach Administrative Amendments to the 2004 Florida Building Code. As a result of these reviews, staff recommends removing the ICC Building Valuation Data Table as the sole reference for construction valuation, which is then used to determine building permit fees. Because of its lack of regional adjustments the ICC Table does not accurately reflect the current construction market in south Florida. Staff proposes to base permit fees on either the actual cost as documented in the construction contract or on a regionally adjusted construction analysis service such as RS Means Construction Cost Data. PROGRAM IMP ACT: The implementation of this Ordinance will benefit property owners, contractors and developers by allowing for a more accurate building valuation to be used as a basis for calculating building permit fees. FISCAL IMPACT: (Include Account Number where funds will come from) Due to the recent decline in construction activity and costs in the region, a more accurate building cost valuation may result in an as yet undetermined net reduction in building permit revenues. AL TERNA TIVES: Do not amend the code. Dep~ ~ City Manager's Signature Assistant to City Manager ~ Department of Development City Attorney / Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC ORDINANCE NO. 08- 2 3 4 5 6 7 I 8 I 9 II AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING PART III, LAND DEVELOPMENT REGULATIONS, CHAPTER 20, BUILDINGS, HOUSING AND CONSTRUCTION REGULATIONS, ARTICLE I, IN GENERAL, BY AMENDING SECTION 4, FEES, SUBPARAGRAPH A; PROVIDING FOR BUILDING DIVISION FEES. 10 11 12 13 I I 14 II' WHEREAS, as a result of this review, staff recommends removing the ICC Building 15 I Valuation Data Table as the sole reference for construction valuation due to the lack of 16 I i regional adjustments; therefore, the ICC Table does not reflect the current construction market 1 7 I in south Florida; and I WHEREAS, staff has recently reviewed Chapter 20 of the Land Development Regulations, titled Building, Housing and Construction Regulations; and staff has reviewed Ordinance No. 06-084, Boynton Beach Administrative Amendments to the 2004 Florida Building Code; and 18 WHEREAS, the implementation of this Ordinance will ensure more accurate building 19 valuation for building permit fee, and other fee, calculations and be a more equitable form of 20 i i building and systems valuation for owners, contractors and developers. " II 21 II NOW THEREFORE, IT IS HEREBY ORDAINED BY THE CITY COMISSION 22 I OF THE CITY OF BOYNTON BEACH FLORIDA, THAT: 23 I Section I. Each Whereas clause set forth above IS true and correct and 24 II incorporated herein by this reference. 25 I Section 2. Part III, Chapter 20, Buildings, Housing and Construction Regulations, 26 Article I, Section 4, Fees, Subparagraph A is deleted in its entirety and replaced with the 27 ! I following text: 28 II 29 I 30 31 32 33 "Section 4. Fees. A. Fees assessable by the City of Boynton Beach for the administration and enforcement of the Florida Building Code and the City of Boynton Beach Administrative Amendments to the Florida Building Code, pursuant to this Chapter and F.S.553.79, 553.80 & 166.222, shall be established by the City Commission by resolution from time to time. S :leA lOrd inanceslpenni tfeevaluationordi nance( mean s ). doc - 1- 1 2 3 4 5 6 7 8 9 Building Division permit fees shall be based upon the valuation of buildings and systems and shall represent the total replacement value to include structural. electric. plumbing. mechanical. interior finish. normal building related site work (excavation and backfill for buildings). architectural and design fees. overhead and profit; excluding only land value. Building valuation shall be based upon bona fide executed construction contracts. proprietary builder documentation. or other nationally recognized construction cost analysis service. which would include regional adiustments. such as the most CUlTent edition of RS Means Construction Estimating Cost Data. 10 11 12 A revision to a permit shall not be issued until the additional fee. if any. due to an increase in estimated cost of the building. electrical. plumbing. gas. mechanical. landscaping or site development. has been paid." 13 Section 3. Each and every other provision of Chapter 26, not herein specifically 14 amended shall remain in full force and effect as previously enacted. 15 Section 4. All ordinances or parts of ordinances in conflict herewith be and the 16 same are hereby repealed. Section 5. Should any section or provision of this ordinance or portion hereof, any 18 II paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, I such decision shall not affect the remainder of this ordinance. 17 19 20 Section 6. Authority is hereby granted to codify said ordinance. 21 Section 7. This ordinance shall become effective immediately upon its passage 22 and adoption. 23 24 FIRST READING this _ day of ,2008. S :\CA \Ordinances\permitfeevaluationordinance( means ).doc - 2 - II L II i I ! 1 2 SECOND, FINAL READING AND ,2008. PASSAGE this day of 3 4 5 6 7 8 II 9 II ;! I 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 CITY OF BOYNTON BEACH, FLORIDA Mayor - Jerry Taylor Vice Mayor - Jose Rodriguez Commissioner - Ronald Weiland I II II ! I i I i I II Ii ! ATTEST: I I ! I Commissioner - Woodrow L. Hay Commissioner - Marlene Ross II 'I II II Janet M. Prainito, CMC I City Clerk II I I!(CORPORATE SEAL) II i I j I ! ! i I l; , i I i II S :\C A\Ord inances\penni tfeeval uationord inance( means ).doc XII. - LEGAL ITEM E.l CITY OF BOYNTON BEACH City Attorney's Office MEMORANDUM FROM: Honorable Mayor and City Commission Kurt Bressner City Manager /.., James A. Cherof, City Attorney".~ '.j TO: DATE: January 7, 2008 RE: Request for Private Attorney-Client Session Pursuant to Section 286.011(8), Florida Statutes, at the January 15, 2008 regular Commission meeting I will be requesting an additional private attorney-client session of the City Commission to discuss pending litigation in the following case: Ric-Man Construction, Inc., Doing Business as Richard Mancini Equipment Company, Plaintiff vs. The City of Boynton Beach, Defendant/Third Party Plaintiff, vs. Camp, Dresser & Mckee, Inc., and David J. Prah, P.E., Third Party Defendants. - Case No. 502006 CA 011893 XXXX MB AA This request is precipitated by on-going settlement negotiations and developments in those negotiations on which we need additional direction and input from the Commission. I will request that the Executive Session be held at the end ofthe January 15, 2008 Commission Meeting, but prior to that meeting being adjourned, I will be in attendance along with the City Manager Kurt Bressner, and Assistant City Attorney Kerry Ezrol. We will need approximately thirty (30) minutes. The City Commission agenda will also include, as the final agenda item, the same subject matter in the event that Commission action is required based upon our closed door session. JAC/lms S:\CA\COMM\Request for Ex Session -011508(ric-man),doc