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Agenda 11-20-01
The City of 100 E. Boynton Beach Boulevard (561) 742-6000 City Commission NOVEMBER 20, 2001 Gerald Broening Mayor At Large Ronald Weiland Vice Mayor District I Mack McCray Commissioner District II Mike Ferguson District III Charlie Fisher Commissioner District IV Kurt Bressner City Manager ;TRICT II DISTRICT I Visit our Web site www.ci.boynton-beach.fl.us ll/~ ~',~ ,~/~//tl//l ,~it/Z b'/¢7/l ?~/' ~ /I/i11~,¢#1///~ WELCOME Thank you for attending the City Commission Meeting GENERAL RULES & PROCEDURES FOR PUBLTC PART/CTPAT/ON AT CITY OF BOYNTON BEACH COMMISSION MEET/NGS 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 indMdually 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. SPEAKZNG AT COMMISSION MEETINGS: The public is encouraged to offer comment to the Commission at their meetings dudng Public Hearings, Public Audience, and on any regular agenda item. City Commission meetings are business meetings and, as such, the Commission retains the right to limit discussion on an issue. Comment cards are located on the table by the entry door to the Chambers. Please complete a "Comment by the Public Card" and .give it to the City Clerk at the left end of the dais before the "Openings" portion of the meeting. As a general practice, comment cards will not be accepted alter presentation of an agenda item has begun · Public Hearings: Any dtizen 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. Please use the yellow colored card for matters not listed on the agenda. The Mayor will call for speakers by name from the yellow cards provided by the City Clerk. · Regular Agenda Items: Any citizen may speak on any official agenda item(s) listed on the agenda at,er a motion has been made and properly seconded. Please use the green colored card for matters listed on the agenda. The Mayor will call for speakers by name from the green cards provided by the City Clerk. ADDRESSING THE COMMISSION: When four name is called, please step up to either podium and state, for the record, your name and address. DECORUM: Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission will be barr&d from further audience before the Commission by the presiding officer, unless permission to continue or again address the Commission is granted by the majority vote of the Commission members present, Please turn off all pagers and cellular phones in the City Commission Chambers while the City Commission Meeting is in session. City Commission meetings are held in the Boynton Beach City Commission Chambers, 100 East Boynton BeacY Boulevard, Boynt0n Beach. All regular meetings are held typically on the first and third Tuesdays of every month, starting at 6:30 p.m. (Please check the Agenda Schedule - some meetings have been moved due to Holidays/Election Day). CITY OF BOYNTON BEACH REGULAR CITY COMMISSION MEETING AG EN DA November 20, 2001 6:30 P.M, T. OPENINGS: A. Call to Order - Mayor Gerald Broening B. Invocation - Rev. Rick Riccardi, Police Chaplain C. Pledge of Allegiance to the Flag led by Commissioner Ferguson D. IF YOU WISH TO ADDRESS THE COMMISSION: · FILL OUT THE APPROPRIATE RE(~U EST FORM · G~VE IT TO THE CI'TY CLERK (ON THE DAIS) BEFORE THE "OPENINGS" POR'I'ION OF THE AGENDA HAS BEEN COMPLETED · COME TO THE PODIUM WHEN THE MAYORCALLSYOUR NAME ZNDIVTDUALS MAY SPEAK FOR THREE UNINTERRUPTED MINUTES, E. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption TT. PUBLIC AUDIENCE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3-MINUTE PRESENTATIONS III. OTHER: A. Informational Items by Members of the Cib/Commission ADMINISTRATIVE: Appointments to be made: Appointment To Be Made Length of Term Board Expiration Date IV Fisher Children & Youth Advisory Bd Stu/Reg/NonVoting t yr term to 4/02 Mayor BroenJng Children & Youth Advisory Bd Stu/Reg/Voting 1 yr term to 4/02 I Weiland Children & Youth Advisory Bd Reg. 2 yr term to 4/03 (Tabled-3) (Tabled-3) (Tabled-3) CZl'Y OF BOYNTON BEACH AGENDA REGULAR CITY COMMISSION MEETING NOVEMBER 20~ 2001 ITl Ferguson TV Fisher TT[ Ferguson ZT] Ferguson ][[ McCray Mayor Broening Mayor Broening iV Fisher V, Bldg. Bd of Adj & Appeals Reg Bldg. Bd of Adj & Appea~s Alt Cemetery Board Alt Code Compliance Board Alt Education Advisory Board Alt Library Board Alt Nuisance Abatement Board Alt Senior Advisory Board Reg 3 yr term to 4/04 (Tabled-3) :1 yr term to 4/02 (Tabled-3) 1 yr term to 4/02 (Tabled-2) I yr term to 4/02 (Tabled-2) 1 yr term to 4/02 (Tabled-3) ]. yr term to 4/02 [ yr term to 4/02 2 yr term to 4/03 Cl'abled-3) ANNOUNCEMENTS & PRESENTATIONS: A. Announcements: Oceanfront Concert Series on December 21, 200:1~ 6-9 p.m. at Mangrove Walk at the Marina - The `lumpstreet 88s (BoogieWoogie, New Orleans and .lump Blues B. Presentations: Proclamations: a. "A Season of Peace" b. "National Epilepsy Awareness Month" Presentation from Paint Your Heart Out of Palm Beach County, Tnc, to the City of E3oynton Beach, made by Octavia S. Sherr0d, Community Development Manager Presentation of certificates of completion to graduating members of the City's first City Services ]Institute 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. City Commission Meeting of October 16, 2001 CZTY OF BOYNTON BEACH AGENDA REGULAR CZTY COMMI'SSI'ON MEET'J:NG NOVEMBER 20, 2001 2. Agenda Preview Conference of Noverr ~)er t. 2001 3. City Commission/CRA Joint Workshop of November 7, 2001 Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2001-2002 Adopted Budget Approve the purchase of a "Range 2000 :Interactive Use-of-Force Training Simulator" robe used at the Police Range from :lES Interactive Training (sole source vendor). A Local Law Enforcement Block Grant will pay $55,800 and the City will pay $6,200 for a total cost of $62,000 Approve the purchase of storage shelving and accessories for the Utilities Department in the amount Of $22,231.58 from Adapto Storage Products, utilizing State of Florida Contract #420-590-98-! Rescind Bid #051-2710-01/C]D "ANNUAL CONTRACT FOR SECURITY OFFICER SERV:ICE FOR THE F_ZELL HESTER JR. COMMUNITY CENTER, THE PUBLIC LIBRARY AND THE SCHOOLHOUSE MUSEUM," AWARDED TO Safeguard Group Holding LTD who subsequently is affiliated with VG:I, ]:nc., in the amount of $36,036 Approve the PURCHASE OF RAD[O TELEMETRY SYSTEM EQUIPMENT for the Utilities Department from DATA FLOW SYSTEMS on an "as-needed basis" with an estimated annual expenditure of $227,000 Approve payment of invoices for annual software technical support and maintenance and annua LaserFiche scanner mainter~ance fr~)m R&S Integrated Proc~ucts & Services, Thc. in the amount of $37~718 for the period of October 1, 2001 through October 1, 2002 Award the '"THREE-YEAR LEASE OF ~GHT NEW AND UNUSED VEHICLES," for the Citizens On Patrol program, Bid #009-2110-02/KR, to SATURN OF DELRAY, for $285.14 per vehicle per month, for an annua expenditure of $23,951.76 [Proposed Resolution No. ROl-2g8) Approve the sole source PURCHASE OF NINE SMARTZONE MOBILE RADIOS for the Police Department from MOTOROLA CORPORATION at a cost of $33,120 Approve purchase of SUBMERSIBLE WASTEWATER PUMPS for the Utilities Department from ELLIS K. PHELPS & COMPANY of Rivie~'a Beach, Florida on an as-needed basis, utilizing .City of Boca Raton c6ntract #99-025, with an estimated expenditure of $200,000 C~"Y OF BOYNTON BEACH AGENDA REGULAR C~"Y COMMTSS~'ON MEETING NOVEMBER 20~, 2001 Approve the "SURPLUS VEHICLE/EQUIPMENT L~ST" as submitted by Public Works and allow for the sale of same (Bid #019-1411-02/KR) 10. Approve the purchase from The Phoenix Group Inc. (sole source) of "AFIX," an automated fingerprint and palm print identification system for the Police Department. A Local Law Enforcement Block Grant will pay $27,000 and the City will pay $3,000 for a total cost of $30,000 Resolutions: Proposed Resolution No. R01-299 Re: Releasing the Guaranty Bond (#379234) in the amount of $15,000, provided for Melear PUD by Continental Homes of Florida, Inc. Proposed Resolution No. R01-300 Re: Approving Task Order #01-02 with General Engineering Consultartt, Hartman and Associates, [nc., for an amount not to exceed $57,05b to perform a hydraulic analysis of the Water Distribution System Proposed Resolution No. R01-301 Re: Approving contract renewal with Gallagher Bassett Services, Inc. for period October 1, 2001 through Septembe~ 30, 2002, in the amount of $42,030 for the provision of insurance c a ms adjustment serv ces for th rd party general and auto liability claims, and first and third party property damage claims Proposed Resolution No. R01-302 Re: Authorizing the Mayor to sign a Sanitary Sewer Easement Agreement with BEL-EQR I Limited Partnership, for an easement over a sanitary sewer line that connects The Belmont at Boynton Beach to the City's sanitary sewer system Proposed Resolution No, R01-303 Re: Releasing the Letter of Credit balance of $7,250 for Grove Plaza Proposed Resolution No, R01-304 Re: Approving Change Order no. 2 (Final) from CDM Engineers & Corlstructors (CDM E&C) for the project Downtown Regional Stormwater Fac ty - Basin 1; and authorizing p:=yment of 50% of the contract savings ir the amount of $24,27'1.50 Proposed Resolution No. R01-305 Re: Approving Addendum to Letter of Appointment for Doug Solomon, Technical Services Manager, Police Department, and authorizing the City Manager to execute the Addendum Proposed Resolution No, R0:1.-306 Re: Authorizing the Mayor and City Clerk to execute a Letter of Agreement between the 4 CITY OF BOYNTON BEACH AGENDA REGULAR Ci'TY COMMISSION MEETING NOVEMBER 20~, 200:1 City of Boynton Beach and the State of Florida, acting through the Office of the Attorney General and the Agency for Health Care Administration, in settlement of a claim in the amount of $11,576.48 Proposed Resolution No. 01-307 Re: Revocable License Agreement .with .lordan Wrecker Service, Inc. for the use of the public alley behind 905 N. Railroad Avenue 10. Proposed Resolution No. 01-308 Re: Approving Amendment 1 to Project No. STM 007 with Kim]ey Horn and Assodates for new additional engineering services for the East and West Tndustrial Avenue/Lake Boynton Estates Stormwater Improvements Project in the amount of $108,820 D. Ratification of Planning & Development Board Action: None E. Ratification of Community Redevelopment Agency Action: Dakota Lofts (Chan's Enterprises) - 3010 S. Federal Highway - Request for site plan approval to construct 19 multifamily town homes on two acres Approve Addendum to Appointment Agreement for Arthur Lee, Director, H Jman Resources, and authorize the City Manager to execute same G. Approve Addendum to Appointment Agreement for Patrida Spoerri, Professional Development Manager, and authorize the City Manager to execute same VII. CITY MANAGER'S REPORT: A. Status Report on Mangrove Park High School B. Report on Water Conservation Strategies VIII. PUBLIC HEARING: 7:00 P.M, OR AS SOON THEREAFTER AS THE AGENDA PERMITS Project: Agent: Owner: Location: Description: . Dakota Lofts H. P. Tompkins Chan's Enterprises 3010 $. Federal Highway Request to amend the Comprehensive Plan Future Land Use Map for 2.00 acres of property from Local Retail Commercial [LRC) and Low Density Residential (LDR) to High Density Residential (HDR), and to rezone the property from Community Commercial (C-3) 5 cTr'Y OF BOYNTON BEACH AGENDA REGULAR CZTY COMMTSSTON MEETING NOVEMBER 20, 2001 and Single Family Residential (R-l-AA) to Planned Unit Development (PUD) 3. Project: Agent: Location: Description: Federal Highway Corridor Plan - Rezoning and Code Amendments City of Boynton Beach Federal H ghway Corddor segment between the Beynton (O16) Canal on the North, and Woolbright Road on the South, and lying between the Zntracoastal Waterway on the East, and the right-of- way of the Florida East Coast (FEC) Railway on the West 1. Proposed Zoning Regulations for Mixed Use and Mixed Use Low zoning categories, consistent with the recommendations of the Federal Highway Corridor Redevelopment Plan; 2. Rezone Area I~/ of the Federal Highway Corridor Redevelopment Plan from Central Business District (CBD) to Mixed Use (MU); 3. Rezone Area II and Area IV of the Federal Highway Corridor Redevelopment Plan (excluding Boynton Isles and Lee Manor Isles Subdivisions) from SingLe-family ReSidential R-l-AA and R-l-A), Single- &Two-family Residential (R-2), Multi-fami'ly Residential (R- 3), Office/Professional (O1), Neighborhood Commercial (C-2), Commqnity Commercial (03) and General Commercial (04) to Mixed Use-Low (MU-L) Project: Agent: Location: Description: Heart of Boynton Community Redevelopment Plan City of Boynton Beach Area generally located South of the Boynton (Ol6) Canal to NW and NE 3r° Avenue, bounded by Interstate 95 on the West and the Florida East Coast Railroad (FEC) on the East Update of the Community Redevelopment Plan for the Heart of Boynton (formerly the Martin Luther King) area with an emphasis on neighborhood identity and stabilization as well as targeted land assembly FUTURE AGENDA TI'EMS: Review of Proposed Amendment to Development Agreement - Marina Project (December 4, 2001) B. Discussion Regarding Establishment of Arts Commission (December 4, 2001) C. Discussion Regarding Nonconforming (unpermitted) Canopies (December 4, 2001) Public Hearing - 2002/03 Fire Assessment - Proposal to Include in Uniform Collection System (via County tax bills) in lieu of Local Collection for 2002-03 (December 4, 2001) 6 CITY OF BOYNTON BEACH AG EN DA REGULAR CITY COMMISSION MEETING NOVEMBER 20~, 2001 E. Discussion of Possible Corridor Study for Congress Avenue (December 4, 2001) F. City Services Survey (December 4, 2001) Redevelopment Code Issues for Non-conforming Lots and Buildings in Commercial Areas (December 4, 2001) Report on Proposeo Economic Incentives - Ocean Avenue and Martin Luther King, Ir, Boulevard (December 4, 2001) I. Traffic Calming and Traffic Control Final Report (December 18, 2001) Modification to City Pay Plan - Salary Ranges (December 18, 2001) K. Modifications to City Purchase and Contract Award Policies (December 18, 2001) L. Stormwater Projects Report (January 15, 2002) FRA Whistle Ban - Report (March 2002) - Delayed due to Federal Railway Administration Delay in Rulemaking DEVELOPMENT PLANS: None XT. NEW BUSINESS: A. Discussion of Proposed Ordinance Changes for CRA Staffing Options XII, LEGAL: A. Ordinances - 2na Reading - PUBLIC HEARING Proposed Ordinance No, 0:1-55 Re: Amending Chapter 15, Article 1. By adding a new section 15-10 of the Cooe of Ordinances; prohibiting sound disturbances in residential zoning districts; providing for definitions, methods of enforcement, ancJ penalties Proposed Ordinance No, 01-56 Re: Amendment to Fire Assessment Enabling Ordinance to add a Sunset Clause Proposed Ordinance No. 01-57 Re: Amending Chapter 2, Zoning, Section 8.A.l.d.(9) to allow gymnastic centers as permitted uses in the M-1 zoning district 7 CITY OF BOYNTON BEACH AGENDA REGULAR cTrY COMMISSION MEE'I"~NG NOVEMBER 20, 2001 Ordinances - 1~ Reading Proposed Ordinance No. 01-50 Re: Amending Part III, Land Development Regulations, Chapter 1 anc~ Chapter 21, ~egarding "Banners" Proposed Ordinance No, 01-58 Re: Amending Chapter 26, Article IV, Division 4, Subsection D, Section 26-143 Discharge of Restricted Wastewater as it relaxes to the Tndustrial Pretreatment Program by adopting by reference the local limits as set by the South Central Regional Wastewater Treatment and Disposal Board (SCRWTDB) Proposed Ordinance No. 01-59 Re: Amending the City of Boynton Beach Community Redevelopment Plan and adopting the "Heart of Boynton' Plan Resolutions: None Other: Approve payment of U.S. District Court ordered award for supplemental attorneys' fees and costs for post-judgment advocacy and appellate fees and costs totaling $26,149.30 for Viliano v. City of Boynton Beach & Donald Bateson XIII, UNFINISHED BUSINESS: XIV. AD3OURNMENT: NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION NADE BY THE CTFY COMMISSION WITH RESPECT TO ANY iVlA~TER CONSIDERED AT THIS MEETING, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND~ FOR SUCH PURPOSEt HE/SHE MAY NEED TO ENSURE THAT A VERBATiM RECORD DF THE PROCEEDING IS iV~DEt WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105) THE CITY SHALL FURNISH APPROPP. ZATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUN~Tf TO PARTICIPATE IN AND EN-1OY THE BENEFTrS OF A SERVICE/ PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT 30YCE COSTELLO/ (561) 742-6013 AT I.EAST TWENrEy-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER =OR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST. bg FINAL AGENDA 11/16/20019:06 AM \\CH\HA~N\SHRDATA\CC\WP\CCAGENDA~GENDAS\Year 2001\11200! final agenda.doc 8 V-ANNOUNCEMENTS & PRESENTATZONS I'TEM A.:t ~ Known A~ .'Tuns~ in Town° (2 'r~M.T: Co,~,~$) Bo~nton Beach Oceanfi, ont Pm, k A-l-A, Just No~.h of Ocean Avenue ~ Your Famikj and ~ Togmther for · l:hn-Pllled l:t. ida,.j l~venir~ of FR~ live ~',terminment at the Beacl,J ~ Yo,~ Blanket o~ lawn Oct~b~ 19~ No,.,emb~ 16~ ~ ~hatzbe~s 14 Piece TI~ Jumpst~ee~ ~s (BoogieWoogie, New' O~lesns and J~np Blues) Requested City Commission Meetnng Dat~ [] November20. 2001 [] December4. 2001 [] Decembex 18, 2001 [] lanuar> 2, 2002 V-ANNOUNCEMENTS & PRESENTATIONS Ztem B.[.a. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned irt to City Clerk's Office November 7, 200I (5:00 p.m.) November 21. 2001 (5:00 p.m.) December 5, 2001 5:00 p.m.) December 19. 2001 (5:00 p.m. Requested City Cormmis sion [] January 15, 2002 ] February 5. 2002 [] Februarylg. 2002 [] March 5, 2002 Date Final Form Must be Turned in to City Clerk's January 3, 2002 rS:00 p.m.) January 16, 2002 (5:00 p-mo February 6, 2002 (5:00 p.m.) February 20, 2002 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation Ci Manager's Report RECOMMENDATION: That the attached Proclamation be read by the Mayor at the November 20t~, 2001 Com~ssic~ ~ meeting. EXPLANATION: The City of Boynton Beach Recreation Department will host end conduct the 2~d annual "A Season of Peace" evem on the grounds of the Schoolhouse Museum, on Saturday, December l, 2001, from 6:30 p.m. - 8:30pm~ The event will be kicked off with Mayor Gerald Broening reading a proclamation of peace and with guests signing the 2002 "Peace in Bo .... ynton Beacl/ contract. Event-goers can purchase their own luminary at the event to signify their commitment to peace in the new year. Luminaries will be placed around the event site to lend a warm glow to the activities. As an added bonus, the first twenty-five people to buy a luminary will receive a special "A Season of Peace" commemorative burton. Luminaries will be *old for $1 end proceeds benefit the Boynton Beach Teen Club. Other activities at this year's event will include a ceremony to celebrate the lighting of 100,000 hol/day lights in celebration of the beginning of the holiday season There will be asp al real snow play area for children and folks w~ll have the oppommity to meet holiday characters tike Santa end Frosty the Snowman. There will also be an array of festive food and beverages to choose from. PROGRAM IMPACT: The event will promote a peaceful holiday celebration of all cultures together th one society throughout the season end the New Year. FISCAI~ IMPACT: Funds approved and included in the FY 2001 - 2002 Special Events budget will be used to conduct this commumty event. ALTERNATIVES: d~ent eat s~ignature/ Department Nme City Manager's Signature City Attorney / Finance / Human Resources S:kBULLETINZFORMS~AGENDA ITEM REQUEST FORM.DOC WHEREAS, it s with p easum and pride that the City of Boynton Beach host and-conduct the 2n° Annual "A Season of Peace" event for Ioca~ area citizens, and WHEREAS, A SEASON OF PEACE was established to signif'/our desire to nave oeace ~ our community, both as we approach the holiday season and;thm~tghout the upcoming New Year, THEREFORE, I, Gerald Broen. ing by virtue of the authority vested in me as Mayor of the City of Boynt0n Beach, Florida, hereby proclaim December, the twelfth month oi the year Two Thousand and One as: "A SEASON'OF PEACE" and extend to our neighbors from surrounding B0ynton Beach communi'des ~nd visitors a warm welcorr'~ from the City of Boynton Beach to attend this celebration at our beaut fu downtown dudng the holiday.~ on December 1s~. I also invite you all to sign a Peace Contract where you will commit to living your lives with all humans in peace and harmony throughout A Season,of Peace and the-upcoming New Year. In witaess Whereof, I have hereunto set my hand and caused the Seal of the City of Boymon Beach, Florida, to be affixed this 20· day of November i~ the year Two Thousand and One. ATTEST: Gerald Bmening, Mayor City of Boynton Beach City Clerk (Corporate Seal) V-ANNOUNCEMENTS gt PRESENTATIONS Item B.~.b CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commiaslo~l Meeting*Dates [] November 20. 2001 [] Decembe~ 4, 2001 [] December 18, 2001 [] lanuaty 2. 2002 Date F~nal Form Must be Turned ~9 to CRy Clock's Office November 7. 2001 (5:00pan.) November 21.2001 (5:00 p.m.) December 5, 2001 (5:00 p.m.) December 19, 2001 (5:00 p.m.) Requested City Commission ..Mee~g Dates [] January 15, 2002 [] F~y 5,2002 [] Febmmy 19. 2002 [] March 5, 2002 Date Final Form Must be Turned m to City Clerk's Office January 3, 2002 (5:00 p.m.) January 16, 2002 (5:00 p.m.) February 6, 2002 (5:00 p.m.) February 20, 2002 (5:00 p.m.) NATURE OF AGENDA ITEM RECOMMENDATION: Mayor present Proclamation. declaring the month of November as National Epilepsy Month in Boyaton Beach. [] Adminisu'ative [] Development Plans [-]- .C0asent Agenda [] New Business [] Public Hearing [] Legal ~.~ Bids [] Unfinished Business [] Announcement [] Presentation [] CityM anager's Report EXPLANATION: Due to a lack of correct information, people afflicted with epilepsy have been discriminated against in all walks ofli£e. It is the goal of the Committee for Epilepsy Awareness to remove the ancient myths, superstitions and ~rejudices and educate people as to what epilepsy is and is not. William Naulty, a ~presentative of the Committee for pilep~y Awareness, w~il be present to accept'the document. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A / (7' Departm'~t Head~ignature City Manager's Signature Public Affairs Department Name City Attorney / Finance / Human Resources S:~B ULLETINWORMS~AGENDA ITEM REQUEST FORM.DOC Epilepsy has afflicted mank nd since the ~awn of our species and has been recognized since the ead est medical writi.n'g~'-As long ago as'400 B.C::, ~)i~crates~?~he Father ofMedi~i'n~ t~l~bdi~ted · · ' ate e was a v sitation from the gods and sacred, °r thai it was a ~urse fr°m theg°ds anc~entbehefsth, p p, sy , ,~ ~.~ ~,.~..~. ..... ~, that people afflicted with'this diSbrder held propheticoewera: H~ppacrates believed~atE~il~psy was a brain disorder. .... n brief attack of a emd, conaci~usness.mo rac~¥ity orsansory P P ...... , - .- ....-% ~ '~.~r~in~ ,~u.- - ~,.=h'm~n: ........ col s'~'e' d~s0hara n~ an elxces s~ve amounted, - e ~tt'icat lmPa_ sos. Ep~epsy can'be caussd by,injuP/to the bm~n, [ack O~ oxy~an at blrlh, §ra~n:tumer, refection and bran hemorrhage~ In60 pemant of the cases, the c~uee is unknown: · - Epi',epsy Can affect anyone, at any ag~andat ar~y~m~.:,More than 2 million Ameddans are afflicted withis~31~pe~of Epilepsy. Ofthis~ ,m~; 1~0~.~)00 a~ Flodda residents. Hci,~e~ef, with the edministJ.aUon 0f ~n~i"~onvulsant rne:lications,,~o;-th rds Of thos~ ~fflicted a~ controlled, ~Lack ~educat on about th s disorder lias contributed toage old myths superstitions and prejudices Th~ stigma associated with!this diserder~s sometimes worse than the d~sorder ~tself. Epllep y ~h~uld not b~ a ba~ier tO success. ,~Now, ~emfom,'l~ Gel~a!d :Bmenirig~:by virtue of the authority vested in me as Mayor of the City of Boynton Beach. Florida,' bembY proclaim November 2001. as: 'Natianal Epilepsy Awareness Month" and call uPOn all our citizens tO help crbate a suppoAive envimnmant for people with Ep~epsy and give them the opportunity to become productive ~ernbetS of the community. In witness whereof, I have hereunto set my hand and caused the Seal of the City of Boymon Beach, F otida, to be affixed at Boynton Beach, Flonda, the 20"' day of November~ Two Thousand and ore, ATTEST: Gerald Broening, Mayor City of Boynton Beach c~y C~erk (Corporate Seal) V-ANNOUNCEMENTS & PRESENTATZONS Ztem B,2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City CommJss[or Meetino Dates [] November20, 2001 [] December4 2001 [] December 18 2001 [] January2, 2002 Date Final Form Must be Turned in to City Clerk's Office November 7, 2001 (5:00 p.m.) November21 2001 (5:00p.m.) December 5. 200~ (5:00 p.m.) December 19, 2001 (5:00 p.mJ Requested City Commission Meetinq Dates [] January 15, 2002 [] February5, 2002 [] February 19. 2002 [] March 5. 2002 Date Final Form Must be Turned in to City Clerk's Office January 3, 2002 (5:00 p.m.) January 16, 2002 (5:00 p.m.) Februar~ 6, 2002 (5:00 p.m.I February 20, 2002 (5:00 p.m.) NATURE OF AGENDAITEM [] Administrative [] Development Plans ~ Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished BusinesS~ [] Announcement [] Presentation ~ [] City Manager's Report -~: RECOMMENDATION: Presentation from Paint Your Heart Out of Palm Beach Count, Inc. to the ~ of::B_(~nton Beach made by Octavia S. Sherrod. Community Development Manager. .~X. PL..ANAT_.ION.: ,, For recognition of the City employee effort on "NATIONAL MAKE A DIFFEi~N~:~AY", aturoay, UCtoDer 27 , 2001 for Paint Your Head Out Palm Beach County Staff of the D v s on Redevelopment sits on the Executive Home Selection Committee of Paint Your Heart Out, and spearh~aJ:~this project beginning in A~dl in order to find qualified residents and solicit volunteers. PROGRAM IMPACT: Paint Your Heart Out enlists corporate sponsors that pledge both money and volunteers to assist in painting the homes of eldedy and/or disabled county residents. This year, four (4) houses were painted in Boynton Beach, two (2) by teams composed of City employees, their family members and ctzen volunteers. The Boynton Bea~:h Fait~ Based C~)mm~nity Development Corporat on, Palm Beach Community College, and Children of the American RevolutiOn, all of who are receiving a certificate of Appreciation tonight, painted the other homes. This year there was not enough teams to paint all of the homes selected, but the home selection committee will now be meeting year round in order to promote the event, and ',ncrease both sponsorship and volunteerism. FISCAL IMPACT: All of the homes were ~n need of painting, some having been cited by Code Compliance, and owned by residents that could have received assistance through the Division of Community Redevelopment. The approximate cost of this project may have exceeded $15,000, but was paid for instead with donations and volunteer sweat equity. ALTERNATIVES: None. City Manager's Signature Department of Development Division of Community Redevelopment Department Name City Attorney / Finance / Human Resources LIST OF OUT VOLUNTEERS Assistant City Manager: Dale S. Sugerman, daughter Jennifer Communications: Sharyn Pachnek, daughters Katadpa Kenleigh & Rianna Department of Development: Sal Belloise B[enda Oornelius Christopher L. Mitchell Debbie Reamsnyder, husband Jim NancyByme,= husband Jim Trinchmi ITS: Randy Northrop Police Dept: Patdcia Fox ~/~zann e Gitto illiam Mann Public Works: Pauta LeBlanc, husband Denis, daughters Amanda & Sara Jeffrey R. Livergood Bernard Russell Utilities: Stephan Proano SpeCial Recognition: Boynton Beach Faith Based Community Development Corporation & their board members Palm Beach Community College Children of the American Revolution General Rental Center of Boynton Beach Courtney Cain, for single handedly pressure cleaning all the homes prior to painting Robert Dwelle, for stepping qp to the plate after his team leader was unavoidably detained Ann Marie Coney, for taking the CDC team as far as she could until being detained Christopher Mitchell, for going above & beyond the call of duty by assisting other teams Citizen Volunteers: Timorthy Bach Dalia Cantu' V. P. Colby Douglas Dennison, son Steven Sean Gordon Judy Jokiel Jan Kicza (Keeza) Elaine Lee Alan Ruark Regina A. Ruark Nicole Steele Sue Wagner V-ANNOUNCEMENTS & PRESENTATIONS Item B.3 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission [] January 15, 2002 [] Fchmary 5, 2002 [] Fch~y ~, 2002 [] March 5. 2002 Da~ Final Form Must be Turned ha m City Clerk's O~ January 3, 2002 (5:00 p.m.) Sanuary 16, 2002 {$:00 p.m.) February 6, 2002 (5:00 p.m.} February 20, 2002 I5:00 panO NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal c:~ c'~-~. [] Bids [] Unfinished Business __ [] Announcement [] Presentation [] City Manager Repo - RECOMMENDATION: Mayor present Certificates of completion to ~aduatin- mo--~- ........... ~.~'~ ~ ~--~ Institute. ~- ~ ~m~ mine Clty s nrst EXPLANATION: CSI was designed in response to Strategic Initiative 4.5, one of the 55 initiatives adopted by Commission in August 2000: "Continue to develop the principal of 'inclusion' in the role of City government and -- leadership in Boynton Beach as a way to involve a greater number of people in the decisions affecting the City end the commumty During the past 10 weeks, parhctpants have learned firsthand how their city works through lectures, demonstrations, tours and handson experiences. PROGRAM IMPACT: CSI has served us a model for citizen engagement FISCAL IMPACT: N/A ALTERNATIVES: N/A ~en{'+Iend's ~gaatur~ Public Affairs Deparlment Name City Manager's Signature City Attorney / Finance / Human Resources S:~B ULLETINWORMS~_GENDA ITEM REQUEST FORM. DOC Requested City Cormnission Meeting Dates [] NoYember 20, 2001 [] December 4, 2001 [] December 18, 2001 [] January 2, 2002 VI.-CONSENT AGENDA ITEM B.1 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office November 7. 2001 · 5:00 p.m.) November 21. 2001 r5:00 p.rcul December 5, 2001 (5:00 p.m.) December 19. 2001 (5:00 p.m.) Requested City Commission Meeting Dates [] January 15, 2002 [] Febmary 5. 2002 [] February 19, 2002 [] March 5, 2002 Date Final Form Must be Turned in ~o Ciw Clerk's Office January 3, 2002 (5:00 p.m.) January 16, 2002 (5:00 p.m.) February 6, 2~02 (5:00 p.mj February 20, 2002 (5:00 p.m.) NATUltE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Anaouncemen~ [] Presentation [] City Manager's Report RECOMMENDATION: Motion to approve the purchase from IES Interactive Trsining a "Range 2000 interactive use-of-force tra'ning slnlulator" to be used at the police range. EXPLANATION: The current FATS simulator has been in disrepa~ir for some time and Wo expensive to repair, With the Range 2000 the depamnan~ will be utilizing the simulator in routine training of all officers. The Depamnent of Justice with a Local Law Enforcemem Block Grant has approved funding. The city commassion approved the grant on September 4, 2001 meeting. [ES is a sole source vendor for this type of simulator. PROGR_~M 12~IPACT: N/A FISCAL IMPACT: LLEBG 90% $55,800.00 City 10% $ 6,200.00 [05-3270-513-64-02 $62,000.00 ALTERNATIVES: N/A City Ivranager s S~gna e Police Department Name S:~BULLETIIq~ORMS~AGENDA ITEM REQUEST FORM.DOC City Attorney; Finance Human Resources July 5. 2001 Sgt. Richa~ Root noynton Beech Po ce Dopartrnent IO0~E. 86ynton Beach Blvd. Boynton Beac~ FL 33435-3899 -~o,e; ~61.742.~181 Fax: 561-742-6184 Dear Sgt. Ro01~ Thank you for you~ ~ntemst in the Range2000. lES is prou;t to quote you a Range2000 Interactive Use-of. Force Training $ mu alor to best suit your neeas. -_ :. v,,~, ~,,=,~ ~ mumme~la anti ourvast tre~ ng anti di taJ,.~Me~.~.'f'eat on · -- o'~ers toe most-eom;leto and' exl ~ ~ ~ g · xperlences..lE~ : . W 0lo solution to t~logy-based...~.l~ag~.fbr law-enfomement. ':.~.~. The Range2000 family of products offer~ you un-sumassecl aOvantages: .~ · Mom Functionality: The Renge2~00 COvers your training for t~ie entire Force Centre cent nuum. Not just firearms training, from classroom theorY to firesri'as train nO Us ng laser Or live-fire - we cover the entire spectnm~ for yoU. · Greeter F!~e'~iJ)l!lty: c~:ea, te your own ntemctive:scener os usip. g the Renoe2000 ea to use select scenaRo~ from ~ rmbli,~, m~. - · . ..... ': sy . tools. s~tlsfie~ cu~ers --- r-- ............... re~' q~ exchange scenarios v~th our hundreds of other · Ultimate Realism..' Using cultlng-e~ge multimode technology the Range2000 allows YOU to comolne interactive ~ig~al .v~ideo w~th computer gml0hlca anddigita audo to create the most realistic a relevant training environment f0i; yoUr pe0~le to ~rein 0~ ' nd · Better Results' An~alysis: Our oo:ve~cod scoring end resu ts' analysis of officer actions and on stl'the amrn~ers . reactions P. of the use-of-force wi slow you to. focus faster on the things thai really nee(] ~mpmvemont. · The Moat Excit' O -o1~. T · ............ ~g I~ . he Range2000 offers a myoad Of training opt ohs FrOm classrO ._ ~ y ellguage a~s~ssmont tools, verbalization meclule ~=,~.,~.,, ,,~,~,., ;~pec~ weal~l ~raining modules, ma~.smanshio rOinir~ =nfl ,~-.~ .-~-:'.- ~'-"-,-"~. ............ w~w.~n an= _ 1 ...... = --.- ,,,o,-,~==:, tremmg coursewere to go with · Un-matched ~uppeff-' Our clodlcetod support and training staff have made our customers our best salesmen. "' These are just a few of Ihs many advantages we offer through our family of products anti ser~ces that allows us to stll~;I out from the rsst. lES is committed to providing our ¢u~tomers with the lat~.~ technology and the beet ¸lES item~ ~ RemNU~ber Description~ Qty Original Price 1 RNG2000/R2K Two Trainee Desktop System I $42,000, System to nclude: · Range2000 nteracUve multimedia r Compute~ . · Projector and hit detec~ Enclosure; Range2~O0 2 RNG2000/EDT Scena~Edi~m:~-A~:p~t~2,K ~ :-:,~ , .--.~:.,,,-.1. ~. $15,750 AllOWS the user to cmat~ interKlive gmphlcs targets , Afl~ USer to-mn~pUl~e~e~ . l~O~atio~ ~ to ~ate'~Ual a~of :~ °r ~rase. ~e nu~oH~the ~c~ - : ~a.d/~,mt~e~ . :..: :'-:~.:::.;.~ t~, ~a~, ~n~ aM u~d to ' .~1~. the 4 Special Discount Total Police - . ~ . _Optional Item Available~Or Purchase item ,Mm Humber ~ DescH' on ~ Qty ' Original Price 2 RNG2000/PLAT~ ' PlatihumWerm'ntY-Ter-'hn01i:)g~/~' ' Insurance- thl~ allows the custo~le~' to coml~etely ul~racle their CPU he.ware end software tb the latest production Ve~io, availab~', once ~l~,ng' ~ iast P,Bml~tt~l_ 4. WIl~'BrRy 800-344-1707 X215 ~milll: BIIl~iescolo.com Approved by: e of 0.5% I~volce .,re: Range 2~00 ~o~a Source ara exclusive to '~ The lES has a · 2000 firea~ training s~mumtor. Maldng the Range 200;) simulator onstantly JPEG detecting s~o~ Motion Range 2000 - Vome Voice ,~ almost any a Range 2000 is the only SYstem .~¢~'pffethe. st~elt': b~te~l'Jes;for accessories. ~is ~s~res ~ r~lec~ co~s and minlm~eo d~ti~ ~o~ ~lnlhg lES E~roni~ Indust~ U~ ~e. ~ ~ on~ ~m~y tO pro~e the f~ture of single mstm~s men,or tmm~ is simu~n~u~ ~ aa ~e'~Oj~ ~c~ This f~e ;S ~ the same mon~or t~ ina~or us. to mn ~ sc~ehos an~ n~ o~ a s~ vi~ng m~itor. ~ I~ E~roni~ Ineu~ USA, Inc. ~ t~N ~m~n~ pr~id~g an ~clus;~ ~nd~ c~mmer warmNy 'T~hnol~y ProtOn' ~mm, .e.~ ~at~um wa~h~ package. lES ~s the ~ly ~m~ay ~ eh ~us~ ~y "T;ain ~e Tr=me¢ ce~io~ program at ~e cl;~ s~e o~y mr us~-~rm ~m9 ~.* If ~u h~e any ~, pl~ ~a~ me. T~ you for your tntm~t ~ ~e Range 2~0. ~c~y, Office: 800-344-1707 X223 Emml; ;[iana~'~ms eom Requested City Commission ~M_qetine Date~ [] November 20, 2001 [] December 4, 2001 [] December 18, 2001 [] January 2, 2002 VI.-CONSENT AGENDA ITEM B,2. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned [nm Cie/Clerk's Office November 7. 2001 {5:00 p.ra.I November 21, 2001 (5:00 p.m.I December 5, 2001 (5:00 p.m.) December 19, 2001 (5:00~.m.) Requested City Commission _M_~. in~ Dates [] January ~5. 2002 [] February 5~ 2002 [] Febraary 19. 2002 [] March 5. 2002 Date Final Folm Must be Turned ~ [0 Ciw Clerk's Office January 3, 2002 (5:00 p.m./ January 16, 2002 (5:00 p.m.} February 6. 2002 (5:00 p.m.) February 20. 2002 (5:00 p.m3 NATURE OF AGENDA ITEM --] Administrative [] Development Plans ~ Consent Agenda [] New Business [] Pt~blic Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: ~-~ ~- Motion to approve the purchase of storage shelving and accessories in the mount of $22,231.~ fr~ Adapto Storage Products utilizing State of Florida Contract #420-590-98-1. ~co m~>~ EXPLANATION: The Utilities Department is in the process of completing storage facilities at the East Water Treatment Plant site via contract with Select Contracting. There are two buildings, one will be strictly storage and Warehouse personnel will have control of inventory that will be stored within the building, the second wil} be a work area building, along with some equipment storage. The facilities will be shared by Water Distribution including Meter Services and Distribution, Stormwater, and Lift Stations. The Utilities Department budgeted $45,000.00 in the 2000/2001 budget for a shelving system for the new facilities. Wei have also budgeted in the 20~ 1/2002 budget year $20,000 for shelving. The storage shelving system includes pallet racks, work benches, storage cabinets, and cantilever racks. This equipment is needed to facilitate storage of Utilities supplies and equipment such as pipe, meters, fittings, saws, small generators, spare pumps, motors and other equipment used by field personnel. Currently, there is very little sheltered storage for equipment. HISTORY: Previous to the new Operations Technical Building, the Utilities Administration Building was a storage building with offices. In November 1998, the Department began design conversation with our consultant, Song & Associates for the new Operations Technical Building. Design did not include storage because the existing footprint would be utilized and offices were the primary concern. Ihere was consideration of adding to the building footprint but it was deemed not feasible at that time. In the S:kBLrLLE~ORMS~AOENDA ITEM REQUESt FOKM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM 1998/1999 budget, Utilities b.ud~ted $150~000 00 for a ~U/tl~r'??pe Storage buildi~.~ ~. ~ ~t6i'ng did not con;/~:t6 ~fion, COnsiderini ifie 0P~rations Technie~i:Buiii~II~:W&~n0} compl~t~ hnd~0 much construction on one site wo~d have-eaused;~r problems wifl~P~king, mobii~ty, _etc. Th~e'.Ufilifies Department then re-budgeted the funds in~ 1999f2000 budget. ~ ~rafions Technical B~ding w~ occupied in Mayof2000, and n°,st6rhg~ folsmall eqUip~Tne~ wa~'-a-vaihble. StaffWas' .:- · St. Lucie 1 Port that did not fit om close to the was solicited in In early consultants on $600,000.00. building for their ~ was beyond our scope, and back out the ~ Commission approvect this Change Orders on August 21, the b~ilding comractito $21 PROGRAM IMPACT: s for These buildings will provide secure storage and protect equipment, such as parts and meters from weather or improper-storage. An example of improper storage, currently we get pallets of meters at the warehouse for our change out program and stage therein the base of the Etevated Storage Tank. The buit.dings will also provide an area for employees:to work on pumps, motors; me~ers, and small eqmpment. FISCAL IMPACT: Budget Budget Item/Amount Requisition g/Amount 2000/2001 storage shelving/ $45,000 15940/ $ 11,115.79 2001/2002 storage shelving/ 20,000 15940/ $ 11, 115.79 TOTAL $65,500 $ 22,231.58 401-2816-536-64-16 401-2810-536-64-16 ALTERNATIVES: Not proceed with purchase and limit utilization of space to floor area. S:kB ULLETIN~ORMSkAGENDA ITEM KEQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Department Head~ Signature Utilities Department Depat~ent Name City Manager's Signature City Attorney / Finance / Human Resources Bill Atkins - Procurement Services Dominic DeMauro - Warehouse Diane Reese - Finance Mark Law Bob Kenyon Barb Conboy S:XBULLETIN'xFORMS~AGENDA iTEM KEQUES~f FORM.DOC REQUISITION BY: UTIL.WASTEWATER PUMP SHIP TO LOCATION: EAST UTILITY ADMIN LINE NBR DESCRIPTION PURCEASE REQUISITI~ ~R: 0000015940 STATUS: DEPT APPROVAL REASON: STORAGE SYSTEM FOR NEW STORAGE BUILDING SUGGESTED VENDOR: 3739 ADAPTO STORAGE PRODUCTS UNIT EXTEND QUANTITY UOM COST COST DATE: 6/06/01 DELIVER 8Y DATE: 12/01/01 VENDOR PART NUMBER 1 PALLET RACK 22 BAYS, EACH BAY 120"X42" WITH 2 BEAM 25.00 EA 49.6400 1241.00 IE027F12042 UPRIGHT LEVELS COMMODITY: MATERIAL HNDLING&STOR EQP SUBCOMMOD: PALLETS, ALL TYPES 2 BEAM 88,00 EA 18.8700 1660 56 COMMODITY: MATERIAL HNDLING&STOR EQP SUBCOMMOD: PALLETS, ALL TYPES 3 BOLTLESS STORAGE RACK (5 LEVELS) 3.00 EA 175.9400 527.82 COMMODITY: MATERIAL HNDLING&STOR EQP SUBCOMMOD: PALLETS, ALL TYPES 4 BOLTLESE STORAGE RACK 5.00 EA 188.0100 940.05 COMMODITY: MATERIAL HNDLING&STOR EQP SUBCOMMOD: PALLETS, ALL TYPES 5 BOLTLESS STORAGE RACK 2.00 EA 178.5500 357.10 COMMODITY: MATERIAL HNDLING&STOR EQP SUBCOMMOD: PALLETS, ALL TYPES 6 WORK BENCH STEEL TOP BACK/END STOP 1.00 EA 256.5200 256.52 COMMODITY: MATERIAL HNDLING&STOR EQP SUBCOMMOD: PALLETS ALL TYPES C/LNTILEVER RACK 1.00 EA 3456.0000 3456.00 1 ROW DOUBLE SIDED 16' L COLUMN HEIGHT 10' 6 ARMS PER COLUMN EA 48" L WITH LIP 4' BRACE C TO C BETWEEN COLUMNS MATERIAL: 5 EA 25CD106120 COLDMN 30 EA 25ASL48 ARM 48" W/LIP 4 EA 25B348 BRACE SET 4' COMMODITY: MATERIAL ENDLING&STOR EQP SUBCOMMOD: PALLETS, ALL TYPES 8 PALLET RACK 2 BAYS EACH BAY 120X42 WITH I BEAM LEV 3.00 EA 49.6400 148.92 COMMODITY: MATERIAL HNDLING&STOR EQP SUBCOMMOD: PALLETS, ALL TYPES 9 PALLET RACK BEAM 4.00 EA 18.8700 75.48 COMMODITY: MATERIAL HNDLING&STOR EQP SUBCOMMOD: PALLETS, ALL TYPES 10 WORK BENCR 72X34 STEEL TOP 3.00 EA 256.5200 769.56 COMMODITY: MATERIAL HNDLING&STOR EQP SUBCOMMOD: PALLETS, ALL TYPES 1] STORAGE CABINET 25X36X78 4 ADJ. SHELVES GRAY 3.00 EA 429.4000 1288.20 COMMODITY: MATERIAL HNDLING&STOR EQP SUBCOMMOD: PALLETS, ALL TYPES IB485H09600 UBS/D/96/5/36/60~l UBS/D/96/5/36/72-1 UBS/D/96/5/30/72-1 UBS/T/34/72/34/32 IE027F12042 UPRIGHT IB85H09600 UBS/T/34/72/34/32 ST/7/24 SU REQUISITION BY: UTIL.WASTEWATER PUMP SHIP TO LOCATION: EAST UTILITY ADMIN LINE NBR DESCRIPTION PURCFL~SE REQUISITION NBR: 0000015940 STATUS: DEPT APPROVAL REASON: STORAGE SYSTEM FOR NEW STORAGE BUILDING SUGGESTED VENDOR: 3739 ADAPTO STORAGE PRODUCTS UNIT EXTEND DATE: 6/06/01 DELIVER BY DATE: 12/01/01 QUANTITY UO~ COST COST VENDOR PART NUMBER 12 MODULAK DRAWER CABINET 3.00 EA 1792.0000 5376.00 OTJ25003 W/CI-0316 D 1.00 EA 2464.0000 2464.00 3.00 EA 246.3200 738,96 1.00 PKG 2931.4100 2931.41 UBM/T/30/72/28/32 30WX28DX60H 10 DRAWERS 2 EA 3", 1 EA 4", 2 EA 5" 3 EA 6", 1 EA 7", 1 EA ALL DRAWERS W/20 COMPARTMENTS COMMODITY: MATERIAL HNDLING&STOR EQP SUBCOMMOD: PALLETS, ALL TYPES 13 CANTILEVER RACK 1 ROW SINGLE SIDED 16' L COLUMN HEIGHT 3 ARMS PER COLUMN EA 48" L WITH LIP 4' BHACE C TO C BETWEEN COLUMNS MATERIAL: 5 EA 25CS581120 COLUMN 15 EA 25ASL48 ARM 48" W/LIP 4 EA 25B348 BRACE SET 4' COMMODITY: MATERIAL HNDLING&STOR EQP SUBCOMMOD: PALLETS, ALL TYPES 14 WORK BENCH MAPLE TOP 30X72 COMMODITY: MATERIAL HNDLING&STOR EQP SUBCOMMOD: PALLETS, ALL TYPES 15 INSTALLATION CHARGE COMMODITY: MATERIAL HNDLING&STOR EQP SUBCOMMOD: PALLETS, ALL TYPES REQUISITION TOTAL: 22231,58 ACCOUNT INFORMATION LINE ~ ACCOUNT PROJECT % AMOUNT I 40128105366416 50.00 620.50 1 40128165366416 50.00 620.50 2 40128105366416 50.00 830.28 2 40128165366416 50.00 83C.28 3 40128105366416 50.00 263.91 3 40128165366416 50.00 2~3.91 4 40128105366416 50.00 470.02 4 40128165366416 50.00 470.03 5 40128105366416 50,00 178.55 5 40128165366416 50.00 178.55 6 40128105366416 50.00 128.26 6 40128165366416 50.00 128.26 7 40128105366416 50.00 1728.00 REQUISITION BY: UTIL.WASTEWATER PUMP SHIP TO LOCATION: EAST UTILITY ADMIN PURCHASE REQUZSITr~ j~R: 0000015840 STATUS: DEPT APPROVAI REASON: STORAGE SYSTEM FOR NEW STORAGE BUILDING SUGGESTED VENDOR: 3739 ADAPTO STORAGE PRODUCTS DATE: 6/06/01 DELIVER BY DATE: 12/01/01 LINE UNIT EXTEND NBR DESCRIPTION QUANTITY UOM COST COST VENDOR PART NUMBER ACCOUNT INFORMATION LINE ~ ACCOUNT PROJECT % AMOUNT 40128165366416 50.00 1728 00 50.00 8 40128105366416 8 40128165366416 50.00 74.46 9 40128195366416 50.00 ~.74 50,00 37.74 9 40128165366416 50.00 384.78 10 40128105366416 50.00 384.78 10 4012~165366416 50.00 644 10 11 40128105366416 50.00 6~44.10 11 40128165366416 50,00 2688.00 12 40128105366416 50.00 2688 00 12 4012~i65366416 13 40128105366416 50.00 1232.00 13 40128165366416 50.00 1232.00 50.00 369.48 14 40128105366416 50.00 369.48 14 40128165366416 15 40128105366416 50.00 1465.70 15 40128165366416 50,00 146S.71 22231.58 REQUISITION IS IN THE CURRENT FISCAL YEAR. REQUISITION COMMENTS: FL STATE CONTRACT 420-590-98-1 COMMISSION APPROVAL ADAPTO:S"rORAGE PRODUCTS / PROGROUP GEOFF SMITH 625 E 10 AVENUE HIALEAH, FL 33010 305-887-9563 FAX - 954-384-0213 Quotation - AP Date: OCT. 15. 2001 TO.' DOMINIC DeMAURO CITY OF BOYNTON BEACH 222 NE. gTH AVENUE BOYNTON BEACH, FL. 33435 SHIP TO: NEW WAREHOUSE 561-742-6324 FAX 561-742-6295 Earliest Ship =OLOR FOB DEUVERED BEST WAY UNIT PRICE PAGE 1 Sa}esperson 66/G.S. TOTAL PO F 12042 120" X42" 120" X 4-2" UPRIGHT BEAM $49. $18.87 8148.92 $75.48 $769.56 nstallation By: nstallafion Dater:: i~ccepted 8¥: lET SU X 78" COLOR-GRAY O/C Tax Rate 0% CusTomer Code Source Code LIST $ 670.93 Subtotal Subtotal TotaJ Date: $1,288.20 $2,282.16 $0.00 $2,282.16 Quotation - AP Date: OCT.15, 2001 TO: DOMINIC DeMAURO CtTY OF BOYNTON BEACH ( CONT. } 625 HtALEAPi, FE 38010 305_887~95'63 FAX- 95~£384-0213 SHtP TO: NEW WAREHOUSE Terms Earliest Ship D J'rlUTY WORKSHOP - ( CONT. DRAWER RACK :TO ¢ Installation By: Installation Date: Tax Rate O/C 0% Accepted By: Customer Code Source Code Date: Total ~7,840.00 ADAPTO STORAGE PRODUCTS / PROGROUP GEOFF SMITH 625 E 10 AVENUE HIALEAH. FL 33010 305-887-9563 FAX - 954-384-0213 Quotation - AP Date: OCT. 15. 2001 TO: DOMINIC DeMAURO CITY OF BOYNTON BEACH, FL. ( CONT. ) SHIP TO: NEW WAREHOUSE PAGE 3 Terms ~ Earliest Ship ~ FOB Ship Via Salesperson66/G.S. PO ITEM NO QTY DESCRIPTION / COLOR UNIT UNiT PR CE~ TOYAL UTILITY WORKSHOP - ( CONT. } ~ F WORKBENCH 3 UBM/T/30/72/28/32 EA 92~-6.32 9738.96 30" × 72" LIST $ 684.23 WITH MAPLE TOP I STATE OF FLORIDA CONTRACT-NO. 420-590-98-1 ~ , -, , LIBRARy FURNITURE , i DISCOUNT RATE: -36% I Subtotal 9738.96 Installation By: ' O/C I~stallat~on, Date: Subtotal 9738.96 Tax Rate % Page I 92,282.16 Page ~ 97,840.00 Installation 91,090.00 Subtotal 911,951.12 Customer Code ~ Tax 90,00 So[Jrce Code Total 911,951.12 Accept~ By: Date: 625 E 0 AVENUE HIALEAH, EL :J30i0 305-887-9563 FAX - 954~3S4-0213 Quotation - AP Date: OCT. ~5, 2001 TO: DOMINIC DeMAURO CITY OF BOYNTON BEACH 222 NE. 9TH AVENUE BOYNTON BEACH, =L. 33435 SHIP TO: NEW WAREHOUSE 561-742-6324 1-742-6295 PAGE I ' Terms Earliest Ship FOB Sh p Via Salesperson PO · 3-4 WEEKS DEL VERED BEST WAY 66/G,S. iTEM NO. O~TY ' DESCRIPTION / COLOR ' .UNIT 'UN T PRICE TOTAL WAREHOUSE # 2 · PER LAYOUT ) ' PALLET RACK 22 BAYS EACHBAY120"X42"'WTH2BEAMLEVELS ' , 42" X 120" A i 88 IB485H09B00 BEAM EA $18.87 $1,660.§6 , I LIST $ 29.49 BOLTLESS STORAGE RACK B 3 UBS/D/96/5/36/60-1 EA ~$175.94 i $527.82 ' , 96 X 36 X 6 § LEVELS: LIST $ 274.91 C 5 · UBS/D/96/5/36/72-T EA $188,01 , 9940.05 · 96" X 36" X 72" 5LEVELS , : · ~ L~T~293.76 O 2 UBS/D/96/5/30/72-1 Elk ,' i$178:55 ~' . $357.10 L ST .$ 278.99 * ~ , ~[,_, , i5 5/8"PARTCLEBOARD:36"XBO', EA $15.36 ' ($230.40 " ~ "~ ~7 ': EA, ,~,15~36 8384.00 ', ~.~ ~-'25, 5/8 pARTICLEBOARD 36 X 2= ~',~,~. ~ 5/8~pARTCLEBOARD ~30"X72" .... EA , : 815.36 ~ ' Subtotal (s5,494~5:~ · ~ LIST $ 24 ) nsta lation By: O/C nsta[atmn Date: Subtotal ! 95,494 53 Tax Rate 0 % % : , Subtotall : 95,494.53 Customer Code Tax, ~', Source Code ~ ' Total Accepted By: Date: Quotation - AP ADAPTO STORAGE PRODUCTS / PROGROUP GEOFF SMITH 625 E 10 AVENUE HIALEAH. FL 33010 305-887-9563 FAX - 954-384-0213 OCT. 15, 2001 TO: DOMINIC DeMAURO CITY OF BOYTON BEACH i CONT. ) SHIP TO: NEW WAREHOUSE PAGE 2 Terms Earliest ShipI FOB Ship Via Salespers°n I PO66/G.S. ITEM NO. QTY DESCRIPTION l COLOR UNIT UNIT PRICE TOTAL E WORKBENCH I UBS/T/34/72/34/32 EA 9256.52 9256.52 72" X 34" STEEL TOP LIST 9 400.81 BACK AND END STOP 1 F 1 CANTILEVER RACK 1 ROW DOUBLE*SIDED - 16' L COLUMN HEIGHT - 10' 6 ARMS PER COLUMN :- EA 4-8" L WITH LIP 4' BRACE C TO C BETWEEN COLUMNS MATERIAL: 5 EA 25CD106120 COLUMN 30 EA 25ASL48 ARM 48" W/LIP : 4 EA 25B348 BRACE SET 4' EA 93,456.00 I 93,456.00 JST 9 6400 STATE OF FLORIDA CONTRACT NO 420~$90-98-1 LIBRARY FurNITURE O $COUNT t~TE -36% OF LIST; LABOR 20% OF NET Subtotal 93,712.52 Installation By: O/C Installation Date: ' Subtotal 93,71 Tax Rate 0 % Page I ~ Installation 91,841,41 Customer Code t I Tax 90.00 Source Code Freighl DELIVERED Total Accepted By: Date: CITY-BOYHTOH BERCH WRREHOUSE LRYOUT BOY1---~ 10/15/01 ADRPTO - PRO GROUP GEOFFREY SMITH 305-80.7-R563 BFITHI 66.25~ CRNTI-EVE:R RFICK IO I ~)IL r- T 30' BOLTLESS RACK B Cl6~ X 36I' X 60" R6 ' 120" 120" X BOL~LESS RACK C 96' × 36" X .72" D - Cl6" X 30" X '72" 420-590-98-1 = Furniture: Library Furniture: Library 420-590-98-1 Effective: 05/14/98 through 11/13/01 Certification Special Conditions Price Sheet Contractors: ~oducts Adjustable Shelving Products B.C. Inventar Bo~ h~tion Borroughs Corporation - Wilsonstak Brodart Co. Buckst_aff ComlL~X Ceraln Corporation (Woodtronics) Cherokee Products Inc. Blanton & Moore Co. ~stems Dell, Inc.. Elecompack Estey Equipto~ F.E. Hale Mfg. Co_. Cn'essco Holga, Inc. Kard~ Lee Metal Products Library Bureau ~au Steel ~McDole Library Fumiture Montel~Aetnastak, Inc. palmieri Furniture Limited Plan Hold Intemat_ional ~ride Enterprises Richards--Wilcox. Inc. Russ Bassett Southern Metal Indusmes ~ver~ation Tab ~Products C~ www.adapto.com vcc~w.bci-usa.com www.borrouvhs.eom _www.borroughs.com www.brodart.com www.buckstaff, com www.woodlronics~.com www;i-amefica.net/blantonandmoore -www. da~com www.tennsco.com www.equipto.com www.ntcnet.com/ www.~&com _www.holga.com_ www.kardex.com www.schoolspecialW.com www.montel.com www~fl.com www.riehards-wilcox.com www.russbasse~tt.com www.tab.com http://fcn.state.fl.us/st_contracts/420590981/ 8/1/2001 ADAPTO STORAGE PRODUCTS Page,1 of 1 ADAPTO STORAGE PRODUCTS ~RAND NAME BID: ADAPTO STORAGE PRODUCTS PRICE LIST NAME / NUMBER:: _,AD~,Ap~ i~R~CE LIST--SEPTEMBER 30, 1995 FIXED DISCOUNT FROM LIST PRICES !/.C/SA,DISCOUNT:~36% ADDITIONAL QUANTITY:DiSC0~S:,, ,'~, ~ i,[' LIST ADDITIONAL DISCO.S ~[~i~¥ SINGLE ORDER OF ANY COMBINATION OF AWARDED CONTRLACT ITEMS ~O BE DEL~RED AT ONE TIME TO ONE DESTINATION: $ 3,500 TO$ 4,999 $ 5,000 TO$ 9,999 $ 10,000 TO $ 19,999 $ 20,000 TO $ 34,999 $ 35,000 TO $ 49;999. $ 50,000 TO $ 99,999 3% $100,000 TO $149,999 $150,000 TO $199,999 9% $200,000 TO $249,999 12% $250,000 TO $299,999 12% $300,000 TO $349,999 15% $350,000 TO $399 999 15% $400,0fi0 T0,~499,~99 18% Ss00,000 OR MORE 20% QUICK SHIP PROGRAM ARE AVAILABLE FOR: NONE INSTALLATION COSTS: 20% OF NET COST OF ITEMS SPACE PLANNING COSTS: NONE ADDITIONAL SHIPPING /DELIVERY COSTS: IF THERE ARE ADDITIONAL COSTS NOT ALREADY LISTED IN THE BASIC DISCOUNT PRICE, PLEASE DETAIL THOSE BELOW: *OPTIONAL CRATING CHARGES QUOTED UPON REQUEST *INSIDE DELIVERY, NON-INSTALLED QUOTED UPON REQUEST (NEW 12 OCT 99) http://fcn.state.fl.us/st_contracts/42059098 I/price4.htm 8/1/2001 ADAPTO STORAGE PRODUCTS Page 1 of 3 NOTE: ADAPTO STORAGE PRODUCTS ORDERING INSTRUCTIONS ALL ORDERS SHOULD BE DIRECTED TO: SPURS VENDOR NUMBER: F 590781697-001 VENDOR: ADAPTO STORAGE PRODUCTS STREET ADDRESS OR P.O. BOX: CITY, STATE, ZIP: TELEPHONE: TOLL FREE NO.: ORDERING FAX NO.: REMIT ADDRESS: CITY, STATE, ZIP: <WILL ACCEPT THE VISA CARD> PRODUCT INFORMATION: DIRECT INQUIRY TO: 625 E. l0TM AVENUE HIALEAH. FL 33010 305-88%9563 NAME AND TITLE: 800-923-2786 ADDRESS: 305-885-8677 625 E. 10TH AVENUE HIALEAH, FL 33010 SALES DICK GARNETT, VICE PRESIDENT / 625 E. 10~ AVENUE 33010 CITY, STATE, ZIP: TELEPHONE: HIALEAH, FL 305-887-9563 2786 TOLL FREE NO.: URL HOME PAGE ADDRESS: 800-923- www. adapto.com http ://fen. state, fl.us/st_c ontracts/420590981/orderl.htm 8/1/2001 ADAPTO STORAGE PRODUCTS Page 2 0£3 ELECTRONIC MAIL ADDRESS: dg~adapto.com (NEW 12 OCT 99) ADAPTO STORAGE PRODUCTS SERVICING DEALERS WESTERN AND NORTHERN DISTRICTS: Mr, Ken Booth 983 Lagoon Drive Oviedo, FL 32765 Phone: (407) 359-7683 Fax: (407) 366-4506 CENTRAL DISTRICT Mr. Shawn Rankin 910-34 Street West Palm Beach, FL 33407 Phone: (561) 842-3304 Fax: (561) 956-2887 Mr. Nat Steiner 8310 Casa del Lago --1G Boca Raton, FL 33433 Phone: (407) 488-2293 Fax: (407) 439-64t6 SOUTH DISTRICT Mr. Geoff Smith 360 Coconut Circle Ft. Lauderdale, FL 33326 Phone: (954) 384-8828 Fax: (954) 384-0213 Mr. Ron Rossiter 10930 S.W. 129 Street Miami, FL 33176 Phone: (305) 378-6579 Fax: (305) 254-0880 (NEW 12 OCT 99) http://fcn.state.fl.us/st_contracts/420590981/order 1.htm 8/1/2001 Adapto Storage Products Page 1 of 1 }Ve manufacture a full line of Industrial steel shelving, shop and storage equipment of all Mnds. Adapto Storage Products supports a nationwide netw.o.r, k of top ranked distrfbutors in the fields of Healthcare, Material Handling, and ~rchival Storage. Contact usfor the name and location of the Representative nearest you. Let us show you why we have become known us "The Trusted Name in Storage Products!" chosen as a GoM ~ Site by NetGuide, The internets Look Smart has chosen the.ddapto most popular Storage Products site for it~ rating guide prestigious Editors Choice Award. Point Communications rates us in the Top 5%! KHE~,D MAR TIN Click here for Lockheed Site Access Adapto Storage Products 625 East 10th Avenue, Hialeah FL. 33010-1660 E-Mail: info(~adapto.com (305) 887-9563 National Watts: (800) 923-2786(gADAPTO) Fax: (305) 885- 8677 Copyright 1996 AlterNETive Advertising Consultants http://www.adapto.com/ 8/1/2001 Requested City Commission Meeting Dates [] November 26. 2001 [] December 4. 200] [] December 18, 2001 [] January 2. 2002 VI.-CONSENT AGENDA ITEM B.3. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date FmaI Form Must be Turned in to City CI~rk's Office November 7, 2001 (5:00 p.m.) November 21, 2001 (5:00 p.m., December 5. 2001 (5:00 p.m.) December [9,2001 (5:00p.m./ Requested City Commission Meeting Dates [] January 15, 2002 [] Fcbruar3 5. 2002 [] February 19, 2002 [] March 5. 2002 Date Final Form Must ~Tura~ in to City Clerk's C~.?e lanuary 3, 2002 (5:00 P;I~) January I 6, 2002 ( 5:00 ~"~1. ) Februar~ 6, 200~2 (5:00 p.m.) February 20, 2002 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans ~ Consent Agenda [] New Business [] Publ/c Hearing [] Legal ,~ Bids [] Un~nished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: A motion to rescind.Bid#051-2710.01/CJD "ANNUAL CONTRACT FOR SECURITY OFFICER SERVICE FOR THE EZELL HESTER JR. COMMUNITY CENTER, THE PUBLIC LIBRARY AND TI-IE SCHOOLHOUSE MUSEUM" awarded to: Safeguard Group Holding LTD. who subsequently is affiliated with VGI, Inc. in the amount of: $36,036.00. EXPLANATION:In a memorandum dated September 25, 2001, VGI Incorporated notified the City that the bid rates were too low and would like to renegotiate the prices. Procurement Services informed VGI, Inc. the rates were established in the bid award and Could not be renegotiated (See attached registed letter dated October 15, 2001). Therefore, if the prices were not honored we would have to rescind the bid. This would mean that the City would have the option twcither re-award to the next lowest bid, or to re-bid for security services. It has been determined by the departments involved it would be in; the best interest of the City to re-bid for Security Services. PROGRAM IMPACT: The purpose of this bid was to seek proposals from security service vendors to provide securitYthe Schoolhouse°n a yearlYMuseumbaSis tOforPatrol(26) hoursEZcil perHeStorweek.Jr' Community Center for 40 hours per week, the Public Library, and F/SCAL IMPACT: BUDGET ACCOUNTg_ 001-2710-572-49.17 (Recreation) 001-2610-571-49.17 Library) Total:Expenditure: Department Head s Signaturq/ /) Procurement Services Department Name City Attorney ESTIMATED EXPENDITURE $21,840.00 $14,196.00 Finance / Human Resources C: Virginia Farace -Director of Library Wally Majors - Director of Recreation File S:~BULLETrN~FORMS~AGENDA ITEM REQUEST FORM.DOC FRD~ PHONE NO. : Nov, 05 ~1 02:i4PM P3 PO. ~or$1G 200I 6002 25~,7 A.$9o still pr~mL Bill M. A~kins DepUly Director o£Finaneisl ~mm C~of - City Auorr~y Vir~nia Pm~'ace - Director of Library Wall~ M~oo - Director ofP. ecreati0n ° FRU" RHONE Boyn~.n Beach N.,L.-a,~ OF 'aiD: A,,_~NU.~I, c':'ONTl~xcrr FOR SEClfRITY Ol~lrCl~-llt ~E"RVICE FOI~, !~,7~T.1. HEsTEI~ T_TRI~4.R¥. ~ Yes. ! a~r~e to contim~e Io pro-~ide the ~eeufity settees w the Cil~ of ~oymon ]~eae~ ~,.d'~ the Tcn'na. a,ud Comiitlnna of the bid aa awar~t~1, by the Com~i~xon. NAM~ OF COMPANY' N,~I~-OF K,SPP,.F~I/NTATD, tI~ :.'!,~O l - C~q, I -~- '7 eS-' [AREA CODI~) T~LIgPHOi'~ NUI~F_~R Requested City Commission Meetme Dates [] November 20, 2001 [] Deco-tuber 4,2001 [] December 18, 2001 [] lanuary 2; 2002 NATURE OF AGENDA ITEM RECOMMENDATION: VI.-CONSENT AGENDA ITEM B.4. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM 01 0'J -? 2:50 Date Final Form Mustbe Turned Requested City Commission in to City Clerk's Office Meetine Dates November7 2001 /5:00p.m.) [] January 15.2002 November 21. 2001 rS:00 p.m.) [] February 5. 2002 December 5 2001 (5:00 p.m.) [] February 19. 2002 Dec~mber 19, 20,)1 (5:00 p.ra.) [] March 5, 2002 [] Administrative [] [] Consent Agenda [] Public Hearing [] [] Bids [] [] Announcement [] [] City Manager's Report MOTION to approve the PURCItASE OF Date Final Form Must be Turned in to City Clerk's Office January 3, 2002 (5:00 p.m.j January 16, 2002 (5:00 p.m.) Febmary 6. 2002 5:00 p.m.I February 20, 2002 (5:00 p.rm) Development Plans New Business Legal Unfinished Business Presentation RADIO TELEMETRY SYSTEM EQUIPMENT from DATA FLOW SYSTEMS on an "as-needed basis" with an estimated annual expenditure of $227,000.00. EXPLANATION: Procurement Services received a request from Utilities Department to use Data Flow Systems for the purchase of Radio Telemetry System Equipment for the fiscal year 2001/2002. The Utilities Department converted to the Data Flow telemetry equipment in 1993. The telemetry equipment consists of monitoring equipment that transmits data regarding wells and lift stations. Some equipment examples include: pump control unit, radio and power supply boards, radio interface modules, programmable logic controllers, etc. It is necessary to maintain an inventory of component parts for emergency repair due to storms and power surges. Data Flow is the sole source for the telemetry equipment used by the Utilities Department. Procurement Services recommends Commission's review, evaluation and approval. PROGRAM IMPACT: The capability to purchase component parts to maintain the telemetry system in operational condition is essential to the Utilities Department. FISCAL IMPACT: Funding is available in the FY200112002 budget as follows: Account Description Water RenewalfReplacement Wastewater RenewalfRepi. Wastewater Equipment Maint. Wastewater Equipment Parts Water Repairs Water Replacement Parts Account Number 405-5000-590-96-02 WTR017 405-5000-590-96-04 SWR072 401-2816-536-46-20 401-2816-536-52-75 401-2810-536-46-20 401-2810-536-52-75 Total Amount $10,000.00 165~000.00 35,000.00 10,000.00 4,000.00 3,000.00 $227,000.00 S:kBULLET1NkFORMSkA. GENDA ITEM KEQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Deputy Director of~Financial Services Procuremen~ Services Department Name - ~]ty Manager's Signature City Attorne~.~inan6e / Human Resources ce: Dale Sugerman - Assistant City Manager Mark Law - Utilities Department Bob Kenyon - ..Utilities Department Tony Lombardl - Utilities Department Barb Conboy ~ Utilities Department File S:~BULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC MEMORANDUM (REVISED) Utilities #01-254 TO: FROM: DATE: SUBJECT: Bill Atkins, Procurement Services Mark Law, Deputy Utilities Director~/.,//tf) October 25, 2001 Data-Flow Systems - Telemetry Equipment Pricing Agreement Agenda Item The Utilities Department requires monitoring all lift stations and well operations. Monitoring is based on a radio telemetry system from Data Flow Systems of Melbourne. FL. The telemetry equipment consists oF a PCU (pump control unit), radio and power supply boards as well as other components. Data Flow is a proprietary system that was selected in 1988 to replace Seiscor Equipment. In 1993 the City entered into a five-year non-binding purchase agreement for Data Flowcomponents- These components arc installed at lift station and Well field sires. During this time of year it is critical that we maintain an inventory of this equipment for replacement due to storms, lightning strikes or Florida Power and Light surges. In the past we have kept a minimum of 10% spare parts on hand. Experience has determined ihat at least 2~°~ of each of the above mentioned parts are on hand. This ~s an annual program based on renewal and replacement as well as equipment maintenance. The Utilities D~partment is recommending .auth. orizat.i,o_,n~to.s,pend ¢2~7~,~0~0~0.-q0~0f~.r5~t_a Flow Equipment in various accounts. Funding ~s avaname m account ~uo ~ 96.04 SWR072, Wastewater Renewal and Replacement, for $I65,000.00~' ~405-5000- 590-96-02 WTR017, Water Renewal and Replacement, $10,000, g401-281~6-536-46.20, Wastewater Equipment Maintenance, for $35,000.00, #401-2816-536-52-75, Wastewater Equipment Parts, $10,000.00, 401-2810-536-45-20, Water Repairs; $4.000~.00, and 401- 2810-536-52.75, Water Replacement Parts, for $3,000.00. Attached is a one-year price list with Data Flow on parts and service. Please present this at the next City Commission meeting for their approval. If any additional information is needed, please contact Mark Law at ext. 6403 or Tony Lombardi at ext. 6421. Attachments Xc: Dale Sugerman John Guidry Tony Lombardi Bob Kenyon Jim Hart Barb Conboy To: Tony Lornbardi City of Boynton Beach From: Debb~e Wilkinson 321-259:4006 11/07J0! 10:26:22 Page 1 of 1 Sent Dy the Award Winning Cheyenne Bitware '- ' November 07. 2001 Mr. Tony Lombard. City of Boynton Beach Fax: 561-742-6298 Please consider this document confirmation that Data F ow Systems nc. (DFS) of Melbourne; Florida is:the SOB source for al TAC Te emetry System Remote Terminal ~nitS',(R~u), PCU TAc Packs, and associated Telemetry Software utilized by the C t~ of B~ynbn Beach DFS designs,,manufactures instal s and services the entire TAC Te emetry System. ~here~arelr~o iother dealers, distr butors or service organizat OhS that Offer the TAC I Teier~eiry Systsm. Thank yoto:for yqur interest in Data Flow Systems. Please et me know if I can provide additior~al ~for,~ation. t can be reached at 321-259-5009 Sincerely, Data Flow Systems, Inc. David S. Walker Jr. Sales Manager Data Flow Systems. Inc. · 659 Ea~ (Sallie Blvd. Melbourne. Florida 32935 · PH:¢4O? 259-5009 · FA744071259-4006 Tony Lombardi 124 E. Woolbright Road Boynton Beach, FL. 33435 Dear Mr. Lombardi, These prices are:in effect until September, 2002 and will be honored through that time period. Sincerely, David Walker Sales Manager davew@ dataflowsys.com 'dcw PLEASE VISIT OUR, WEBSITE @ www. detaflowsys, com Data Row Systems, Inc. · 659 Eau Gallie Bird, · Melb(~ume, Florida 32935 · PH', 321,2.59,5009 · FAX: 321.259,4006 DATA FLOW SYSTEMS, INC. LIST PRICES Prices honored until 09/2002 Prices do not include shipping or installation 2 Extra 4.7 DFS-O0271-008-1 ~ 75.00 Ed~re Arrestor PC-642C.-O36~X~ ~ ~ 16.00 ~ connector PC-B1. B ~ 102.00 ~ __ 52.00; rpso01 - Ditek 240VAC 3-Phase Sure Su ressor ~2.~. and cable DFS-00242-008-01 ~ ' A~.NNA SYSTEMSr ~ ~ ' Yagi antennas UHF (450-470 MHz) 11.5db gain 12 elem yagi - DFS RTA411 I 225.00 UHF (450-470 MHZ):7 db gain 3 elam. ¥a9i - DFS RTA407 110.00 Omni-direbtional & offset antennas 1,365.00 UHF/450~470 MHT~) 9.2 db gain omni- Decibel DB420B 1,270.D0 :UHF (450-470 MHZ)12 db,qain offset - Decibel DB413B 45.00 Rubber Duck for 450 MHz - Cushcraff BN-450U NOTE: Connector~e ~ BNC, application may require a BNC to N-Type Adapter LAA200 -0 db - zi~217 MHz Local Area Antenna 75.00 21.00 ' BNC to N-Type Adapter Coax cable and connectors DFS RTC4C, n (r~Kl~ VB,8 and LDF4-5OA) (price per foot) I 2.25 - ,,.~- ~ -r -- 70.00 DFS RT~00 Pr~assembled 22 with connector 9.25 DFS RTC Coaxco~-,ectors (each) Part # RFN-1006-31 Antenna towers, etc, 106.00 Rohn 20AG top antenna tower se~iu,, 142.00 Rohn 25G antenna tower section 165.00 Rohn 125AG5 top ahtenna tower section 66.00 R°hn SB25G ' 3' t°Wer secti°n 106.00 Rohn Base plate BPC25G 96.00 Rohn 36" House B~cket HBUTVRO -36' 85.00 Rohn 15" house~racket HB25AG-0-15 287.00 Rohn 25ACL3 (1~ attachable anti-climb) 52.00 .21' x ~ .25' schedule 40 ~lat)ranized pipe w/cap Requested City comrmssinn Meetin~ Dates [] November 20. 200I VI.-CONSENT AGENDA ITEM B.5 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Tu~ [] January 15, 2002 January 3, 2002 (5:00~r~ [] Februagt 5, 2002 January 16, 2002 (5:0~n~) ~ ~ [] Febraary 19, 2002 February 6, 2002 (5:00 p.m.) Date Final Form Must be Turned in to CiW Clerk's Office November7, 2001 [5:00 p.m.) November 21, 2001 (5:00 p.m.) December 5, 2001 (5:00 p.m.) December l9. 2001 (5:00p.ro~) [] March5,2002 February 20,2002 (5:00 p.m.) NATURE OF AGENDA ITEM RECOMMENDATION: [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report Motion to approve payment of invoices for annual software technical support & ma/ntenance and annual LaserFiche scanner maintenance from R&S Integrated Products & Services, Inc. in the amount of $37,718.00 for the period of October 1. 2001 through October I, 2002 ~om I.T.S. Account ~001-1510-513-46-91 ($27,673) Software Maintenance and I.T.S. Account #001-15105 13-46-22 ($10,045) Computar Maintenance. EXPLANATION: · Seven (7) days a week, 24 hours sol. are & hardware technical support for LaserFiche used by departments citywide. · Version upgrades of all software products, when available, at no additional cost. · Program Temporary Fix (PTF) patches for software problems, when available, at no additional cost. PROGRAM IMPACT: · Part of the City's I.T.S. plan is vendor supported "common off the shelf' products to reduce total cost of ownership. · Part of City's enterprise deployment for document imaging solution. FISCAL IMPACT: · Sufficient funds are available in the current I.T.S. budget for soft,yarc and hardware maintenance services. · These are budgeted maintenance line item. · This covers citywida departmental products. This is very reasonable pricing for market specific products of this type. ALTERNATIVES: · Maintenance of these products is essential in order to receive ultimate performance of department application soilware and hardware. · No guarantee level of service from vendor to respond in a timely manner. · Pay as needed for support can result in additional cost exceeding $50.000.00 · The avg~tge honsly rate for maintenance is $75faour and manufacturer's upgrades can ran between $75/hons and $150j~9~ plg~s of future support,~(esuRing in full ret~lacement cost of th~ system. Pe~ Wallace, Director ~f I.T.~.~ ~ ~ ' City Manager's Signature / / Information Technology Sm'vices Department Name City Attorney / F/mace / Human Resources S :kBULLET1NkFORMS~AGENDA ITEM KEQUEST FORM.DOC PURCHASE REQUISITL %BR: 0000017952 STATUS: DEPT APPROVAL REQUISITION BY: ITS-AGENDA REASON: LASERFICHE MAINTENANCE SHIP TO LOCATION: ITS SUGGESTED VENDOR: 2450 R & S INTEGRATED PRODUCTS LINE NBR DESCRIPTION UNIT EXTEND .................................................. QUANTITY UOM COST COST VENDOR PART NUMBER 1 LASERFICHE PLUS SUPPORT & UPGRADES ANNUAL RENEWAL 1.00 EA ~300.0000 1300.00 COMMODITY: DATA PROC SERV &SOFTWARE SUBCOMMOD: SOFTWARE MAINT/SUPPORT 2 LASERFICHE EXECUTIVE SUPPORT/UPGRADES ANNUAL RENEW 1.00 EA 923.0000 923.00 COMMODITY: COMPUTERS,DP & WORD PROC SUBCOMMOD: SOFTWARE LICENSES 3 bASERFICHE ENTERPRISE 25 USER SUPPORT/UPGRADES 1.00 EA 8090,0000 8090.00 COMMODITY: COMPUTERS,DP & WORD PROC. SUBCOMMOD: SOFTWARE LICENSES 4 LASERFICHE ENTERPRISE 50 USER VIEWERS SUPPORT/ 1.00 EA 2569.0000 2569'.00 UPGRADES ANNUAL COMMODITY: COMPUTERS,DP & WORD PROC. SUBCOMMOD: SOFTWARE LICENSES 5 LASERFICHE SNAPSHOT 25 USER SUPPORT/ 1,00 EA 466.0000 466.00 UPGRADES ANNUAL RENEWAL COMMODITY: COMPUTERS,DP & WORD PROC. SUBCOMMOD: SOFTWARE LICENSES 6 R&S EZ FIND 10 USER SUPPORT/UPGRADE 1.00 EA 805.0000 805.00 ANNUAL RENEWAL COMMODITY: COMPUTERS,Dp & WORD PROC, SUBCOMMOD: SOFTWARE LICENSES WEBLINK ENTERPRISE SUPPORT/UPGRADES ANNUAL RENEWAL 1.00 EA 3724.0000 3724.00 COMMODITY: COMPUTERS,DP & WORD PROC. SUBCOMMOD: SOFTWD~RE LICENSES 8 ~TI FULL FORM KEY SUPPORT/MAINT D~NUAL RENEWAL HR 1.00 EA 3148.0000 3148.00 COMMODITY: COMPUTERS,D~ & WORD PROC. SUBCOMMOD: SOFTWARE LICENSES 9 MTI VERIFICATION STATION SUPPORT/UPGRADE A/qNUAL 2.00 EA 995.0000 1990.00 RENEWAL COMMODITY: COMPUTERS,DP & WORD PROC SUBCOMMOD: SOFTWARE LICENSES 10 DOCUMENT SHUTTLE ~2%rNUAL RENEWAL 2.00 EA 755.0000 1510.00 COMMODITY: COMPUTERS,DP & WORD PROC. SUBCOMMOD: SOFTWARE LICENSES 11 MTI FULL FORM KEY SUPPORT/MAINT ANNUAL RENEWAL DE~ 1.00 EA 3148.0000 3148.00 COMMODITY: COMPUTERS,DP & WORD PROC. SUBCOMMOD: SOFTWARE LICENSES 12 LASERFICHE SCAArNER MAINTENANCE FOR PARES, 3.00 EA 395.0000 1185.00 DATE: 10/04/01 DELIVER BY DATE: 10/05/01 PURCHASE REQUISITION NBR: 0000017952 REQUISITION BY: ITS-AGENDA STATUS: DEPT APPROVAL REASON: LASERFICEE MAINTENANCE DATE: 10/04/01 SEIP TO LOCATION: ITS SUGGESTED VENDOR: 2450 R & S INTEGRATED PRODUCTS DELIVER BY DATE: 10/05/01 LINE 12 ~ERFICME 8CA2FNER NiAINTENANCE FOR PARKS, ~ - ~cREATION & CITY M/LNAHER'S OFFICE ~ COMMODITY: EQUIP MAINT & REPAIR SERV SUBCOMMOD: MAINT.,COMPUTER SOFTWARE 13 LASERFICHE SCANNER MAINTENANCE FOR HR AND 2 IN DEVELOPMENT COMMODITY: EQUIP MAINT & REPAIR SERV SUBCOMMOD: MAINT-,COMPUTER SOFTWARE 14 LASERFICHE SCAiFNER MAINTENANCE FOR CITY CLERK, FIRE, LIBRARY AND FINANCE COMMODITY: EQUIP MAINT & REPAIR SERV SUBCOMMOD: MAINT ,COMPUTER SOFTWARE 15 LASERFICHE SCANNER MAINTENANCE FOR DEVELOPMENT COMMODITY: EQUIP MAINT & REPAIR SERV SUBCOMMOD: MAINT.,COMPUTER SOFTWARE 3.00 EA 795 0000 2385.00 4.00 EA 995.0000 3980.00 1.00 GA 2495.0000 2495.00 REQUISITION TOTAL: 37718.00 LINE ~ ACCOUNT 1 00115105134591 PROJECT % ANOUNT 2 00115105134691 100.00 1300.00 3 00115105134691 100.00 923.00 4 00115105134691 100.00 8090.00 5 00115105]34691 100.00 2569.00 6 00115105134691 100.D0 466.00 7 00115105134691 100.00 805.00 8 00115105134691 100.00 3724.00 9 00115105134691 100.00 3148.00 i0 00115]05134691 100.00 1990.00 11 00115105134691 100.00 1510.00 12 00115105134622 100.00 3148.00 13 00115i)5134622 100.00 1185.00 14 00115105134622 100.00 2385.00 15 00115105134622 100.00 3980.00 100 00 2495.00 REQUISITION COMMENTS: REQUISITION IS IN THE CURRENT FISCAL YEAR. 37713.00 ~_)J PURCHASE REQUISIT~ BR: 0000017952 STATUS: DEPT APPROVAL DATE: 10/04/01 DA REASON: LASERFICHE MAINTENANCE REQUISITION BY: ITS-AGEN ...... D PRODUCTS DELIVER BY DATE: 10/05/01 SHIP TO LOCATION: ITS SUGGESTED VENDOR: 2450 R & S INT~t~ REQUISITION COMMENTS: INVOICE 240063 & 24089 ATTACHED TO BACK UP DOCUMENTATION SUPPLIED TO PROCUREMENT BUDGETED ITEM BUDGETED MOUNT = S35,856 A TRANSFER OF FUNDS WILL BE DONE IF NECESSARY PRIOR TO THE END OF THE FY R&S Integrated Products & Services Inc. ~scri pt~ertSrct-I S BecPpt~e 620 South Florida Avenue Lakeland. FL 3380'1 Phone (863) 683-9393 Fax (863) 686-0610 SHIP TO: BILL TO: CITY OF BOYNTON BEACH-PROCUREMENT SERVIC CiTY OF BOYNTON BEACH 100 E BOYNTON BEACH BLVD =.CL BOX 310 BOYNTON BEACH FL 33435 BOYNTON BEACH FL 33425-0310 (561) 742-6317 Fax ~561) 742-6316 (561) 742-6317 Fax (561) 742-6316 COBB 24089 IN PERSON I NET 20 Code Qty Description Unit Price Total 3.00 Scanner MaintenanceJParks,Recrea6on,City Manager 395.00 $1185.0~ ~ 3.00 ,canner Ma[ntanance/HR, 2 DeveloPment 795.00 $2385.0L 4.00 S~anner Maintenance/City C[erk, Fire,Lib~'ary,Finance 995.00 $3980.0C 2495.0(: $2495.0( '[ .00 Scanner Ma ir, renan ce/Dey e[opmant Large Format , FAX EXEMPT 60-04-11645154C TOTAL:I $100~5.00i R&S Inte~'ated Product~ & Servicea Inc. 6~04;ou~ F: ~ Averam ~ Lakal~nd~ Ft. ~801 SHIP TO: BILL TO: Ci~y of Boynte~ Bee=th - iT C~ of ~nton ~. Pu~ng COBB 2~ m ~n Net 10 G~ pti0n unit Price T~gal 1.00 ~e PLUS ~p~ an~ O~m~Ual:~ : ,' 13~ '$I~0.00 1 .~ ~,~e eup~e annual re~wll ' 923.0C $9230( 1,00 ~ffie E~e~ti~ ~ u~r v~ ,u~ffimd~.a~l ' 2~.~ :~9.~ 1.00 ~&$ ~nd 10,u~ sup~m~s anna m~a ., :805.00 ~5.~ 1.00 ~Jnk Enm~H~ su~pg~ ~nual m~al - , 3724,00 ~ :,$~4.~ t,00 MTI Full~, k~ 8up~a n~nan~ a~ul re~al HR 3148,0( , .$31148:~ ZOO ~ MTl'~e~n~tto~eu~Wuffi~.;annu~r~ep~:~ "~ , ' 995.~ ~ :~.~ ~.. ,, . Requested City corramSsion Meeting Dates [] November 2L, 2001 [] Dec~mber 4. 200I [] December 18, 2001 [] January 2, 2002 VT.-CON SENT AGENDA TTEM B.6 CITY OF BOYNTON AGENDA ITEM REQUE Date Final Form Must be Turned in to CiW Clerk's Office Novembe~ 7, 2001 (5:(10 November 21. 2001 (5:00 p.m.) December 5. 2001 (5:00 p.ra.) Requested City Commission Me,tine Dates [] January I5. 2002 [] February 5, 2002 [] February 19, 2002 DeeemberI9,20ffi (5:00p,m.) [] MarehS. 2002 Date Final Form Must be Turned in to Cit~ Clerk's Office lanua~ 3, 2002 (5:00 p.m.) January 16, 2002 (5:00 p.m.) Felmiary 5, 2002 (5:00 February 20, 2002 (5:00 p.rn.) NATLrRE OF AGENDA ITEM [] Administrative [] Development Plans ~ Consent Agenda [] New Business [] Public Hearing [] Legal Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Motion to award the "THREE-YEAR LEASE OF EIGHT (8) NEW AND UNUSED VEHICLES", Bid #009-2110-02fKR, to SATURN OF DELRAY, for $285.I4 per vehicle, per month for an annual expenditure of $ 23,951.76. EXPLANATION: On October 30, 2001. Procurement Services received and opened six (6) proposals for the lease of eight vehicles. After careful evaluation it was determined that Saturn of Delray Beach is the lowest, most responsive. responsible bidder whw meets all specifications. In addition, Saturn of Delray has included maintenance hi the proposal price and is willing to change the color of the vehicles from white to silver at no additional charge (see attached letter). The Police Department is no longer in need of eight vehicles for the Citizens On Patrol due to the decreased number of groups within the C.O.P.; therefore, we recommend the lease of only seven (7) vehicles. Police Chief Marshall Gage concurs with the recommendation (see attached Memo). PROGRAM IMPACT: The purpose of this bid is obtain prices from vendors to provide a three (3) year lease program to include, but not Hmited to, specified requirements for new and unused vehicles for use in the City's Police Department by the Citizens On Patrol (C.O.P.) group. FISCAL IMPACT: ACCOUNT NAME/NUMBER Other Contractual Services 001-2110-521-49.17 Deparlment Head's Signature Procm:ement Services Department Name Cc: Michael Munro, Support Services Police Ch/cf Marshall Gage S :kBULLETRqkFORM SkAGENDA ITEM REQUEST FORM.DOC ANNUAL EXPENDITURE $ 23,951.76 City Manager's Signature ~"7~.City Attorney Finance / Human Resources RESOLUTION NO. R 0l- A RESOLUTION ~OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, ELoRDA, APPROVING THE AWARD OF A THREE YEAR BID [NO. 009-2110- 02/KR) FOR SEVEN VEHICLES TO SATURN OF DELRAY, IN' T~,:~ AMOUNff' OF $23'95'1'76; AUTHORiZiNG THE MAyO~ ~TO ?E~XECUTE SAID CONTRACT; AND PROVIDING .AN. EFFECTIVE DATE, WHEREAS, Pr~,curement Services received and .opened Bids for thc above mentioned ~oject on o~]3ef 30, 200'1, and'it wa§ d~eti~hi~.d that S'amim o£ Dekay Beach Was~the most responsixre: bidder.~ho.met and:exee~ded'all ~pec~fications; BE IT RESOLVED :BY THE CITY COMMISSION O FLORIDA, THAT: Section'l. The City Commission, of the ..City~ of Boynton Beach, Florida, hereby.~proves the award of a three year bid for the.le~e of seven vehicles for use in the Police Depmtment by the Citizens on Patrol (C.O.P) g~UP in the annual mount of $23,951.761 subject to budget appropriations, and ia~thofizes the Mayor to execute a Lease Agreement between the parties, a Sample coPY of Which is attached hereto as Exhibit "A". Section2. That this Resolution shall become effec6ve immediately. PASSED AND ADOPTED THIS day of November, 2001. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor commissioner Commissioner ATTEST: Commmsioner City Clerk CITY OF BOYNTON BEACH, FLORIDA INTER-OFFICE MEMORANDUM TO: Bill Atkins DATE: 11-06-01 FILE: Purchasing FROM: Marshall B. Gage Chief of Police SUBJECT: REFERENCES: Bid # 009-2110-02/KR ENCLOSURES: On October 3C, 2001 the city had a bid opening for 7 lease veh/cles for our Community Observer Police patrol. It is our recommendation we go with the low bid of Saturn of Delray with the maintenance including in the bid of $285.14 per vehicle. We have talked with Bob Lee from vehicle maintenance and he concurs. The bid was for 8 white lease vehicles. I have talked to Saturn and they approved a change to 7 silver vehicles. We lost one of the C.O.P. groups and can not justify the eight at this time. Funding has been provided in account 001-2110-521-49-17. Please place thisbid acceptance On the next City Commission agenda. City ol:Boynton Beach Police Dept. Arm:: Mike Munro From: Chris Cooper Satt~n 9f Dclray Re: 2002 Saturn L-200 in follow ap to our conversation over the phone pertaining to color selection md quantity of units ~.at may be Considered. Color selection is up to the cust0mer, las lbng as it is a standard color pt. oduced by Saturn if thc factory color chart. Satum of Delray will nm on any car. Tol thc same time. ~he prices ~ will Change is if ~hcrc is a cha~ge in the interest rata between the date of bid and the date of delive~g. If you have any more questions please do not h~sitat~ to call. Thank you, for considering the prop,sal. Chris Cooper Saturn of Delray Sales and Masing Specialist ~mm of 2850 Sou~ Federal HighwaY (5611 276-0400 Fax (5611 270-5754 MIKE MUNRO, BUREAU OF SUPPORT SERVICES, POLICE BILL ATKINS, DEPUTY DIRECTO FINANCIAL ~ERVICES Lowest, most responsive, responsible bidder who meets all specifications TH REE-YEAR LEASE OF EIGHT (8) NEW AND UNUSED VEHICLES "Offers from the vendors listed herein are the only offers BID OPENING DATE: OCTOBER 3(:], 2001. received timely as of th~ above receiving date and time. BID OPENING TIME: 2:30 PM Aii other offers submitted le response to this solicitation, BID #: 009-2110-02/KR ir any, are hereby rejected as late" VENDORS ENTERPRISE FLEET SERVICES ! .EASING ASSOCIATES 'k~ARs MOTOR LIVERY CORP. 1701 WEST HILLSBORO BLVD. 790 EAST BROWARD BLVD. dlbla MEARS MOTOR LEASING SUITE 400 ~301 . 3905 EL REY ROAD )EERFIELD BEACH, FL 33442 FORT LAUDERDALE, FL 33301' ORLANDO, FL 32808 (954) 481-1237 (954) 522-8500 407) 298-2982 · ATTN: .EDWARD LATORRE _ %TTN: TIMOTHY MANNING ATTN: DAVID PICKARD CHEVROLET MALIBU MONTHLY PAYMENT FOR ONE VEHICLE $329.58 $336.31 $333.50 MONTHLY PAYMENT FOR EIGHT VEHICLES $2,636.64 $2,690~4_8 $2,668.00 FORD TAURUS MONTHLY PAYMENT FOR ONE VEHICLE $341.52 NO BID $344.17 MONTHLY PAYMENT OF EIGHT VEHCILES $2,Z32,16 .......... $2,753.36 VW BEETLE NO BID MONTHLY PAYMENT FOR ONE VEHICLE NO BID NO BID MONTHLY PAYMENT FOR EIGHT VEHICLES ..... SATURN L200 MONTHLY PAYMENT FOR ONE VEHICLE $342.30 NO BID $392.22 MONTHLY PAYMENT FOR E GHT VEHICLES $2,738,40 $3,137.76 NUMBER OF CALENDAR DAYS FROM DATE OF PURCHASE ORDER 90 DAYS 60 DAYS, 60-90 DAYS NUMBER OF BID PROPOSALS ;UBMITTED ONE ONE ONE EXPLANATION OF OTHER MAINTENANCE COSTS YES YES YES LIST OF BILLABLE COSTS AT "TURN-IN TIME" YES YES YES Page,..)2 . / THREE-YEAR LEASE OF EIGHT (8) NEW AND UNUSED VEHICLES BID OPENING DATE: OCTOBER 30, 2001 BID OPENING TIME: 2:30 PM BID #: 009-2110-02/KR "~ffers)'rom the vendom sted hero n are the on y offers r~.e~,eiye d. timely as of.the aoove receiving date and time All other offers submitted in response to this solicitation if any, are hereby rejected as late" VENDORS ENTERPRISE FLEET SERVICES EEASING ASSOCIATES I~EARS MOTOR LIVERY CORP. 1701 WEST HILLSBORO BLVD. 790 EAST BRoWARD BLVD. ~ls/a MEARS MOTOR LEASING SUITE 400 - - ¢~301 ~05 ELRE¥ ROAD DEERFIELD BEACH FL 33442 FORT LAUDERDALE, FL 33301 ~O~LANDO; FL 3~808 (954) 481-1237 (954) 522-e500 (~07-) 298~2982 ............ ~ ........... ~ ......... A~N: EDWARD LATORRE . ~TN ~IMQ~H~ MANN NG ~; DAVID PICkeD COPY~O~'LEA~ AGREEMENT ~ES SPECIFICATION SHEETS SUBM TTED (PGS. 3-4) *YES *YES ~YES' ANTI-KICKBACK AFFIDAVIT SUBMI~ED YES YES ~YES OF MINO'~I~ OWNE CONFIRMATION D BUSINESS SUBM ~ED INCOMPLETE YES/NOT A MINOR ~ YES/NOT A MINORI~ WORKPLACE SUBMI~ED YES YES ~" YES NONCOLLUSION AFFIDAVIT OF PRIME BIDDER YES NO . ...... ~' YES/ COMMENTS ' ~EE ~OTAT[ONS ' : ~EE NOTATIONS ~SEE NOTAT ONS Auto Specifications Sheets submitted , ...... . I Page 2 of 2 THREE-YEAR LEASE OF EIGHT (8) NEW AND UNUSED VEHICLES "Offem from the vendors listed herein are the only offers BID OPENING DATE: OCTOBER 30, 2001 rec;eived timely ~s of the above i:eceiving dale and time. BID OPENING TIME: 2:30 PM BID #: 009-2110-02/ER All other offers submitted in response to this solicitation, f any, are hereby rejected as late" VENDORS MERCHANTS RENT A CAR, iNC. SATURN oF DELRAY - - " ~ATURN OF DELRAY P.O. BOX 16415 2 850 SOUTH I=EDERAL HIGHWAY 2850 SOUTH FEDERAL HIGHWAY HOOKSETT, NH 03106 DELRAY BEACH, FL 33483 DELRAY BEACH, FL 33483 I603) 669-4100 (561 ) 276-0400 (561) 276-O400 ~TTN: GARY SINGER ATTN: CHRISTOPHER COOPER ATTN: CHRISTOPHER COOPER CHEVROLET MALIBU PROPOSAL= #1 PROPOSAL #2 MONTHLY PAYMENT FOR ONE VEHICLE $394.00 NO BID NO BID MONTHLY PAYMENT FOR EIGHT VEHICLE,~ $3,152.00 FORD TAURUS MONTHLY PAYMENT FOR ONE VEHICLE NO BID NO BID NO BID MONTHLY PAYM~ENT OF EIGHT VEHClLES VW BEETLE MONTHLY PAYMENT FOR ONE VEHICLE NO BID NO BID NO BID MONTHLY PAYMENT FOR EIGHT VEHICLE~ SATURN L200 MONTHLY PAYMENT FOR ONE VEHICLE NO BID $269,14 $285,14 MONTHLY PAYMENT FOR EIGHT VEHICLES $2,153.12 $2;281.12 NUMBER OF CALENDAR DAYS FROM DATE OF PURCHASE ORDER 45-60 DAYS ' 60 DAYS 60 DAYS NUMBER OF BID PROPOSALS SUBMITTED ONE ONE ONE EXPLANATION OF OTHER MAINTENANCE COSTS *YES YES YES LIST OF BILLABLE COSTS AT "TURN-IN TIME" *YES YES YES Page( ;2 THREE-YEAR LEASE OF EIGHT (8) NEW AND UNUSED VEHICLES "Offers from the vendors listed herein are the only offers BID OPENING DATE: OCTOBER 30, 2001 re~ived timety a~ of !? a~o~e receiving date and time. 2:30 PM /~ll (~ih-~r Offers ~[Jbmit{ed in'msp~)nse io ihis soli~:itati0n, BID #: 009-2110-02/KR if any, are hereby rejected as late" I~ VENDORS MERCHANTS RENT A CAR, INC. §~T~.,N_QF DELRAY~ '~' ~URN OF OELRAY P.O. BOX 16415 ~[J'~H ~E~L HIGHWAY ~850 SOUTH FEDERAL.HIGHWAY HOOKSETT, NH 03106 ~ELRA¥ BEAC~ F~33~. ~ ~ i~i~RA~ E~EACH, ~L 33483 603) 669-4100 (561) 276-0400 ~) 276-0400 ~,TTN: GARY SINGER ~,TTN: CHRISTE~F~FIE~COOPER ~rN: cHRiSTOPHER COOPER .~ROPOSAL~,I .................... ~ROPOSAL ~Y2 COPY OF LEASE AGREEMENT YES YES · YES SPECiFiCATiON CHECK-OFF *YES *YES SHEETS SUBMITTED (PGS. 3-4) *YES ~,NTI-KICKBACK AFFIDAVIT SUBMI I ~ ~-u YES . YES YES CONFIRMATION OF MINORITY OWNED YES/NOT A MINORITY BUSINESS SUBMITTED YES/NOT A MINORITY YES/NOT A MINORITY OWNED BUSINESS .-,,~/~ED~U~I~.~;.$ OWNED BUSINESS CONFIRMATION OF DRUG FREE YES YES ': WORKPLACE SUBMITTED YES qONCOLLUSION AFFIDAVIT OF NO ' ' NO PRIME BIDDER YES . ~: . COMMENTS *SEE NOTATIONS *SEE NOTATIONS ' '~; E NOTATIONS Page 2 of 2 MEMORANDUM TO: FROM: DATE: NOVEMBER 6, 2002 CITY CLERK · KAREN T. RISELEY~f j~' SUBJECT: LEASE AGREEMENT BUYER / ~ "T HREE-YEAR LEASE OF:EIGHT (8} NEW AND UNUSED VEHICLES" BID #: 009-2110-02/KR Attached please .find a copy of the sample lease agreement provided by Saturn of Delray, the recommended vendor for this bid. The original sample has been forwarded to the City Attorney's Office for the preparation of a lease document and a resolution. Thank you for your assistance, if you have any question, please contact me at 6322. /ktr Attachments cc: File '- "1' ~-~ ~-/~' GMAC $~A.~I_~s£® AGnEm£~, -- Monthly Payment ~O~NTON BEACH, FL 33425 ~ 2850 ~OU'FH FEDE~L H~Y ~i~ BEACD ~ DE~A~ BEACH~ f'L 33483 This is an aDreemenl in ease a vehicl ' "We~ ~'us," and"ou~ e. ot I on lhe fronl and back, ?ealerlnstalled Options: _ _ Signing or Delivery ' thl 285, l'i. 13,Othe~ar es not ar g ( p t of your monthly payment) (Itemized Below)* l'~2~r~q y payment of $~ - Is due on .... ....... ~5,14~ -, followed b~ ............ J D~posd[on fee (~f you do N/A 653.14 $ ~;:;;;;~ .~.,, ~.. ........,, no, purchase the vehicle) S .,,, your mo .nts is ~. t~ ~ ~ -,, Total $~ "~ ~,Amounl Due at Lease Signing or ~llvery: *Itemization of Amount Due at Lease Slgnln~ or Dellve~ Capitalized cost reduction N/A First monthly payment .............................. Refundable security deposit ............................... Title fees ........................... -- Registration fees ................. $ ~ ~EkvjCg ~.'~.E ............ 4.Total of Payments (The amount you w I have paid by the er;d of the lease.) ! ¢, 633. ¢~, $ Total ........................ 6. How the Amount Due at Lease Signing or Delivery will be paid: Net trade-in allowance Rebates and noncash C;;~li;;::::::::::: ................. $--~..~.-~4~ ^mount to be paid in cash .......... 653.1~ ...... ~Your[q~o.~ p~a~ment is G,=t~,.,;,,ed as shown below- 7. Gross capitalized cost, The agreed upon value el rne venture I~ ' ' ) and any items you pay for over the lease term (such as servme contracts. insurance, and any outstanding prior cmdil or lease batanceI ...................................... ' ................ ' ....... 8 Capitalized cost reduct on The amount of any nel rade- n a owance, rebate, noncash cred t, or cash you eay that reduces the gross capitalized cost. ' ..... 9. Adjusted capitalized cost. The amount used in calculating your base monthly payment,. 10*Residual value. The value of the vehicle at the end of the lease used in calculati,ng your base monthly payment ............. '. ............... I1, Depreciation and any amortized amounts. The amount charged for the vehicle s decline in value through norma use and for her terns pa d over the lease term ................................................................................................ 12,Renl charge. The amouat chargad in addition to the depreciation and any amorlized am~ounts ............. ~ ....... ~ ........ 13' T°tal °f base monthly payments, The depreciation and any amortized amounts plus the rent charge ......................... , .. 14. Lease term. The number 9f months in your lease .......................................... i i ..................... ~ '"neemoethlvnavment ..................................................... lease term .............................................................................. ; ........ 1'.~'7 .............. $~ mo.t,,y,ymo.t .............................................................. ..... ...................... I§.Monthly sales/uae tax (est mated) ..................................................... ')~ ........ V .............................. + ~ ii/'~ 17;_ - ...................................... 2e5. 18. Total monthly payment ............. and insurance. License/rog Sales tax ........................... Other tax Optional service contract ............... ~..'. ]. ~.. Ontional lifo insurance ......................... + $ Optional disability inauranee ......................... Gross Capitalized Cost ..... to be. .I 20 ~r noim~ per year at,he rate of $ per mile. ~f the lease term for $ , plus official fees and taxes. on-early terminMion, purchase ophons and maintenance msponC, ibilities, warrantieS, late and default 315.4~ +$ +$ + $ t~l~ i~/~ 19,4/:),it0 23.THE VEHICLE YOU ARE TRADING. (year) Cmake] (model) Ilia Gross trade-in value ................................. , . $ Payoff ................................................ - Net tradedn value ......................................... 24,DFFICIALF[ES AN~ TAXES. You w pay all government license, title, registration, tesgng, and.inspection f~ea foi~'~' ~;~li~i~: y~a-,~'ti] pay ~tfl~taxes On the lease or the vehicle that the government levies on you lhe vehicle, or us (except our net income taxes). We may change your monthly payment if taxes change We may bill you separately for official fees and taxes. 68.50 IOIAL ESTIMATED FEES AND TAXB YOU MUST PAY CURING LEASE ...... Title fees ............................................ Registration fees ........................................ $ License fees ............................................ $ N/A Sales/use taxes (including tax on capitalized cost reduction) ...... $ N / A Excise taxes ........................................... $ N/A Pers°nal pr°perry ta)~l~ X' ',~AX' · ' J~,~X ' ~1~~ ................ $ §8.5e Othe[ (describe) ...... $- 25.L~TE CHA~ ~ you do not pay a monthly paymenl in full.within 10 days after it is d§e, you will pay a IA~_~/iarge of 5% of the part of the payment that is iale. Insurance Notice ii~'Val'ldand collectible insurance and personal Injury protection InSUl;ah~e of any authortze~'r~ntal erqeaslng drlveris primary fm the limit's 0f liability and personal injuryprotection coverage required by sections 324.021 (7) and 627.736, Florida Statutes. ND PERSONAL INJURY CE AGREEMENT. .... iNAME oF LESSEE'S iNSURANCE COMPANY) 29,'OPTIONAL LIFE AND DIsABIUfY iNSURANCE. We do not require life or disability i~su~.anee, )f'you Sign bel6~, We will try tb get the coverage(s) checked for the lease term. ,~e~ ~ il~l~de~!he pj'~ip~ p your bpse monthl~ payment. A notice you receive when you ~j~[tit~is~leased~sc~fibe~,'the (~overa~e(S), "l"h~. ~h~:ance miry not cover taxes and other amounts duebesides the base monihly ~a~/ment. Insurer Name Address El Lile Insurance (D Lessee [] Co-Lessee El Both) [] Disability Insurance (LeSsee Only) Lessee's Signature Co~Lessee's Signature Premium $ H / A Coverage Limit $ N t ~. Premium $ Pi / A Monthly Coverage Limit $ Age Age 30. WAIIRANT¥ AND EXCLUSION OF WARRANTY. You have the benefit of any warranty ~checked~below.i ~, -~ St~nd~rd manufacturer's Warranty ,--,,, 28i~(~:~"§ ~1¥1~ R~A~R~ [**Tl~a''t~)[a[ AIl~,//6-d' n~il~g~e on the odometer atleas~e~ndis. · Starting odometer mileage .......................... 3,~,~ mdes Base mileage allowance ........................... + _ _~ miles Purchased extra miles ............................ 36~G miles Total allowed mileage on odometer at lease end ......... = .___ miles t~/A You are I~ing $-- for extra miles, A1 scheduled lease end, we will credit you with $ per mile for each unused extra mile you purchased· There will be no credit if the t '~ ~rs:t at Are se ~ar~te~trom~h s [~.~,.state any coverage I m ts nyp p h p . ............ his a wa[ra.nty that: he veh cie conforms to the descnpbon ~n t ~ ~ ~ ~'~'~? ~ ' WE~r~KE NO ~~s~r:~NTIES ON THE VEHICLE._ - "a~Ch~h~ABIL;~, THEnE IS NO WARRANTY THAT THE vE~cr~ IS FIT-FOR.A PART!CU~AR ~?~' 31. oPTi~NA~ SERVICE oR MAINTENANCE CONTRACt'. Name miles: Fo¢~t~r~gq.Af .10,~ Ib~:'~V~N~0r* m~ °~m, I)a~!l~inSura~e. must Ia) ProVide Pdm~ry..c°~rage 0f uP.~° $~[~~$~1~,~ ~r'~ily ib uries to aw one ~rson, and $~,~ ~r~,y i~j~:~r~~;~ad~'~ ~re] ~ ~ e~$1 ~,~ or (~) hav~ a Combined single I?it of "~+:~00,'~0b fo~ bedil~ injuries an~ prope[~ da~ge fo~ a~ o~e ac~de~t. Physical dA~ge insdmn~e must have:~edu~bles of not mom than $1,~. -~ ~ ~ .... If yd~ ~'~v&:t0 ~ d~W state ~e W II reqbire cOVerage amounts in keeping with our requirements for the new state· We now estimate ~at ~ose amounts will be the same as tho~e in this lease, ex.pt liabili~ insurance or vehicles other than trucks of 10.~ lbs. G~ or mom may have a combined single limit lease ends! ...... ear y, you buy. the vehjcl2~ or the. vehicle, is a total loss. - The-~excess~mileage~bsr~eis~.~7~.. ~l~ermj!~or~aphm~l~l~eyo~d ~ .. miles. [~ ~:~s~;~J~e~0~traCtn°w,y°umaypay~°ritatleasesigning'lf If the lease ends~early, any.excess·~l~e ~Bd/~ear charge Will not be more than residual ~U~ ~ ~ill ~ in-the C~it~i~d'cost, and yo~ will pay r~nt Cha~es on the price. va~e ~s the yehicle sale prJ~e: There is no exc~s mileage Charge if yeu bby the vehicle ced Les r Ret '~*~i ess n this lease and sell the vehicle t° 2~ CE. You must nsure the ve~oug~'iiF~ahd ~AI cke~. G~ helpe~4~ aYrange tills lease and Lessor (Retafler) wdl ass~g d~e ~1Et~ ~A~A~e talus The ~liq~es must not exclude or restr~ cove~g~ ff ~o~ ~er~ to 1 6qd s~ LA~ ve~ ~ t9 Centra Or ginating ~ease Trust. ' dri~;~veb~le~-~e~.~e~lv~.l s0~. ~:Y q~ ........ ~' - ' " : ~ ~ ' ~ e ,se ~r ~ ; ~:~ o h ~ ease ~R~seJLthe . - ~e ~h c e ~e po ~c~es must show any add~lonal insure~ an~ loss pay~s ~at W~ ' r~f of insurance when we ask We~ulmnoomer nsuran~ L ab ~suranee m~st (a) ~ver upJo $50 ~ ~r ~0~ damage, $~,~ ~r ~i~, pj~r ~S ~o ~>j~o~ ;(~ J~)'[~:~J.~ ~s~:t~> I~s~ - - anvone.e~on and$3~ ~ for ~dy mj~fies-br a~y one a~ dent or (b) ha~ a ~mum~ g T.= ~i.n~'~¢d~e~h~{~'.~A~hlg~91 Leas ng~Tfust or ~t~ trustee, as agent to Ii' ~i'~ ~f"$~,' -- ~'~'~i1~ I~l~r~s A~'p~"damag~ ~r any one a~ident. -~' }Xd~;~ ~h ~' ' ~ ~' {~-as'~~' ~g~ ~' ~ ~ th~ va: hiCl~'~ ee~ih~Ae oi tdle and/or registration. ~.~A:AI~ ~a ~i~6~,~iO-~a[~e ~6u~e~ chanB~ ~ateria yyour duties burden, or risk:/u~(~t~j~[5~?~:e ~le :Asq~t ~k?~al Leesinq Tr~st ~.X~.~r~e ~eh ~e ~t any igsura~ce, or pe~orm any se~lce Lessor ~il~v~dks lp~G~C ([q~ Lso~ th~ assignee's a~count) of $30~.000. However. the reauirements may be higher· ' ~, ~' '~' ...... ,nterest ,n this IAaSe to the arty~[dentified frith s;~a~; ~ the.[~r~ded assi~'nee,-u~c~;; ~; ter~ns--~!'t~h"~.'l%~e~'i~ia"n-a~a*ler'agrbe;ment ps.,*n effect from time to ~ emSeS ,~i ~{~htge naS; sail~ ~Pegeht {t ~e't~e~e r ~g~:e~m~eh~,). ~e~sor also Pasbighs att light, title, aiYd ihte,;est in the leased vehicle to/the party JdentlfLed m th~s lease as the intended aSslgnee,.o? ,ts des,ghee. under the terms of the Dealer Agreement. LESSOR: _ BY: _ TITLE' - SEE OTHER SIDE FOR OTHER IMPORTANT AGREEMENTS INCLUDING A PROHIBITION OF TRANSFER OF YOUR INTEREST, · Lease Agreement 8 671 SLM-FL 9-98 (3) (For use in the state of Floflda) 33. USE. You will nor -- use the vehicle Illegally, improper y, or for hire use the vehicle in a way that your nsurance pcticy prohibits -- remove the vehicle from lhe United States, except f(~r tris to Ca --,~..nge~V-? th,e, ~ehlclnme vehicle', toanotherw~thou ourStatewrittenf°r mOreconsent.than 30 da,,?ye ....... -,,.uU~'ad"~e~mg°f us.Under 60 days. -- expose li~e vehicle to seizure, confiscation, tor[eiture, or other involuntary transfer. You wdl riel lei anyone else do any of these things. ;]4, MAINTENANCE, REPAIRS, OPERATING EXPENSES. AND DAMAGE. You w maintain and repair the vehicle to keep it in good condition. You will pay al ma[~tena~¢e [ep~lr, and opera, ling expenses~ 'r~cll~d ng gas and oil f the odometer a ~" ~ Imme~:aTely. You will service the ~/eh c' .... ~ m~n r - ' lol5~ woi:klo'g;' yo~ m~Js~ fi~ it. manufacturer's instruct ons in ..... ,~ -~ ,-- ..:-.,u..a~urer recommends You W follow th will owe us our cost if we do -,,¥ ~uca.. n you non t do lhese things, we may do them Yo~e When you take possession of the vehicle, you take on the risks of loss of Ihe vehicle and et damage to it. If the vehicle is damaged, stolen, or destroyed and money becomes available from insurance, a judgman, a seltlemen, orthe like, we will treat the money as an nsurance selflement_ We and/dr Vehicle Asset Universal Leasing Trust will be entitled to this money. If Iha lease ends m connection wllh our rscelol of lhe money, we will trea~ the money as sale 35. EXCESS WF~R. Excess wear beyond normal wear and tear. Excess Wear damaged or corroded body, trim, ~art; (c) damaged was in any other condit on that r~akes the way; and (k) any other damage, 3§. lIENS. You will keep the vehicle free of liens unless we agree to them. If you do not remove any liens, we may do so. You will pay us any amount we pay to do so. WIIEN ]'HE LEASE CAN END SCHEDULED END, This lease is scheduled to end one month after the asr payment is due. 18, FARI¥ ENO. You may end Ibis lease anytime. We may end this lease if you are in default :1~. Ill IAUI I. You will be a defaut il an~_~h_ese lhio, so.~_h~ e~: -- You do not pay on time. -- You made a material misrepresentation when you app ied for this lease. --You start a bankruptcy, receiversh p, or insolvency proceeding or one is started If you are in default, we may: -- End this lease and require you to pay the early end charge. Takeproperlythe IoVehiclelake thefr°mvan~cle.Y°U without demand. If the law permits, we may go on your ~ sue you Ior damages and lo get the vehicle back ~ Pursue any other remedy the law gives us. We will exercise oar rights without breach of the peace, at reasonable times and places, in a reasonable way, as the law permits. We may take and store any pemonal items that are in against you or your property, the vehicle. If you do not ask for these items back, we may dispose of them as the~aw -- ~ -~'e~eYn~n ts in this lease, allows. You will pay our reasonable expenses of taking these actions es the law allows. Th~se -- Y~~ult. courteXpenSeScosts.may include expenses of taking and storing the vehicle and attorney's fees and 40, I/EIIICIE ~ETtJRIV. At lease end, you Will return the vehicle (including any dealer 42, ODOM~ DlSCLOSflRE. Federal law m uire the vehicle. ' installed options you do not buy outright) to any reasonable place we tell you, unless you buy co~e:g.~.~lth a,tra~sfe~ of vehice 0wnemh n ~, s y~u t~ tell us the vehicle's mil~e ~ n nm complete the ~ sd o{um or if ,,;. ~;F2 --~.;.~0u may ce f ned and/or mpr soned it 41, O~ION TO B~ ~E VEHIC~, You have an option to buy the vehicle only at scheduled ' y~ ,,)-~u a t~me statement, y~ ~o lease end. See ihe front for lhe price. You must also pay any related official fees and Taxes. 4~. WHAT YOU O~ ....... ~T sCHEDUle' END. ...... ~"~ ~ "' ~ .... ~ ~AT'~U O~AT L~E ENB~%~'~,~,.:_, *~ ,'~;;~: ' ~ ~ ' 'i.'~ r ~ - · . us[a)nothinglF YOU more.BUY THE VEHICLE: If you have paid us and kept your agreemen s yo~ w owe vehmleD~l!lon'~f 8u~ ~:~n eSSat wholes~ e" ~ a C0 ~°u g~l an apprra~'.?l or gap protection a lies w ' ' residBal ~'lu~ fh~ - -:- ~'~,~,a~,y masona~l~ wa~ If w= -~ ,~- ~. ' .e will sell the (b) IFYOU.~DO NO~ BUY TH~ VE~[~LE; If yp~ haye kepi your agmement~ you wil-owe us only any ~xcess~l~eAg~ c~.~6~~ ~i ~t~d or aciual cost of repairing excess wear tWo do ,ess; me surplus Will be 2~m --'" ....... ~ ~e,, Toe vehmle for the residual val~ not ha~ to m~ke repairs.) 44, WHAT YOU OWE AT EARLy END n genera, YOU w I owe us any unpaid month y payments. We w ~ t/~ yon~ ~ ~mdit ~or any unearned r~nl c~atg~ and a C~edit if we ~ell the r~tVeh~°le ~arg~.'f°r ~o~e,(You than mev~ask m~idual~s ~dr valUe.a wd We tenWlllexUSelan the. ac{uarial method to figure the b'nearned the re~l charge fo~ ~ nthiv no.;~ · ~ at,on of the actuarial me hod ) WR each mp,..... ~.,~ as rally earned o . , . . . ...... ~onlhly ,ay~ ~at yOU made as~f we ~eceiw- ,, 2-t~2 ~enofl s first day. We w Ii treat Appraisal. You may get a profess onal appraisal of the yah cle's wholesa e value If you do Withinl a reasonable t me, we will use lhe a~praised Value as ihe sa e price ~hen w~ I~gure the s[i~plas,(if.any), But lhe aphrals? must be an ndependent third Pa~iy, Yeu and ~-e must agree (~n tlib appra s~t', and you mu§t pa~/for the a~)~)raisal. The app~;aisal will be binding. Gap'P~t~ecfi~n; If the vehicle is a iota ess and . /ow~%no more than :the' hburapce d.~,~o... ,- we get an rmurence sell ement ; ~,~.t~,~.e, beca~Jse you broke egrebmentsp h th ~,"npa d,,~,e, es an.cf tax/,' -'~d any · ' · ~ 'i:~i~;~lor gap proteetlen applies ff'~ ill sell the m~.~ , ~" ~ ~' ~ ~ ~A~[~,~n A,~me[~ ~9~/~ ~ ~ veh c e for the re~,.~al value o ~- ....... ' ~. ' - owe ~ ;~,-~* ..... ' ~-. s~r us f wesell the 43 WHM YO,,~. ~- A~ S~R[~U~B [Nhave a~d' us and kept your agreements, you w res '~ ~aa '~alue ~the eX~S. will ~e t~e . p . , . ' (a) F YOU Bu~m~ VEHICLE. If you P -~ess ~U[pI~S ~dI ~ ~er~., ' - · ~ ,.hnl.~le v u ~; - ' eke t o~agreeme~tS'Y9u~.-,, · ~'~A' r I I.~~ ~y~t~.~ ..... ':~ ,, ~ed~easthesele, pr~ce ' T~E VEH cL~I[.y~u h~v _ ? ~ ...... excess weal (We do ~ ~1,~ ..... ~ e-~e,t~e app~ I ~ . - . . -~ u and we must b IFYOUD~.NOT~Y' - - {edora~tualcostoirepa~nng ~ ~,~ ~ a le.~tl .~:~ -~ ........ ;~.'~ ~'~r~eJanin~e e~ptthrd~r~ ~ excess m,t~age charge and our eshma ~ ,.::~ ~Fth~"~n~r~l.~he appraisal Will oe umu,.~. to make repa rs ) ~nthe a pta set ano you-illU~t pa~ rr · ~ot have . an bnpaid monthly ag~e~ ~ P ~ - ' >' e et an nsumnce seflmmem, yu~ .,,, ~ ~. ~:~;rA~-;~;~Aai~ E~. n ge~ml,-Y9u ~J~ ~:~ _ ~ rtl ~ sell the .... ~;~A ~jf,'~h~,~eh ~ e ~ a t~ :~;and ~ ~_~ .;gAla fe~ and taxes and any ~: ~'~ ~-.,,.~-~~' ? ~ .... ;t nrcharge anu a ~..-.. ~ ...... ~ ~J~y~w~'~;~ ~:f~.- ~>~'~' ~'~ ~' ', ~tib e; plus ~.y'?-~,~ , '~ ~.~ ~' '~A ~ 'cre~i[;~r ah~ ~a[nea ~ _; x Aa,h ' tO I ~ re the unearned .' ~t~ ~htA n ~ ease W~ w rem charg ( - ' er od as ~u y earned P - · ~ ..... he'"e C Ss O.f me I~S~9~,~. ~- .... '- t for the iotal If the ch monthly p , · * ' te. , S.~ b~l~ :..~ ~.,~ ~ .... :~ .... .~ ¢ ~ oU ~ c[~d, , the rent c~t that you made as ,f we rece,ved "on ,ts due da ;<lf~;,.~ ~t~l-istl.~ ~;~ ~:~?e~ent there m no gap proteMion. vehmle IS a Lu~.~ ~-=~ -...~ _ .;~ .. ~s the Veh c e's salvage valuu. You WLfl, O~ US:month" -ayment times the number of paym?t~ not yet due, -. ' 'e and W~ g ~ 'rs lus The ~ase ~" ..... - ~- the actuarial metnou, ' 6ar ~har e Our estimated er actual ~st of any --zero~ we ~ill not giye you a refu ·, sale price,~ ~ a d t~ms and any amounts eue because you OT~{~ W6i~EN CONSENT· IN THE VEHICLE WI/Haul You · ~; THIS IS & LEASE AGREEMENT-~ THIS IS NOT A PURCHASE AGREEMENT- CONCERNING I TO AN EXACT COPY OFTHE AGREEMENTYOU SIGN. SEE oTHER SIDE FOR OTHER IMPORTANT AGREEMENTS·.. Requested City Conm~ssion Meeting Dates [] November 20, 2001 [] December 4, 2001 [] December 18, 200I [] Janua~. 2. 2002 VI,-CONSENT AGENDA. ITEM B.7 CITY OF BOYNTON AGENDA ITEM REQUEST FoRM .... OJ i"10 /-7 pH 2:1,9 Date Final Form Must be Turned Requested City Corar~ssion in ro CiW Clerk's Office Meetin~ Dates November7.2001 (5:00p.m.) [] January 15, 2002 November 21, 2001 (5:00 p.m.) [~ Febraary 5. 2002 December 5. 2001 (5:00 p.m.) [] February 19, 2002 December 19, 2001 (5:00 p.m.) [] March 5, 2002 Date Final Form Must be Turned in to City Clerk's Office January 3, 2002 r5:00 p.m.) January 16,2002 (5:00 p.m.) February 6, 2002 (5:00 p.m.) February 20, 2002 (5:00 p.m., NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Heating [] Legal [] Bids [] UnfmishedBnsiness [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: MOTION to approve the sole source PURCHASE OF NINE SMARTZONE MOBI~ ~ RADIOS from MOTOROLA CORPORATION at a cost of $33.120.00. EXPLANATIO ..~Procurement Services has been requested by Police Department to place the purchase of the nine Smartzone Mobi~16~dins on Commission agenda for approval. The City implemented the new Motorola radio system in FY2000/2001. At the time mobil~radios were ordered for the various departments. Police Department is short by nine mobile radios, and these have been allocated in the FY2001/2002 budget for purchase. The Smartzone Mobil~ Radios being purchased will match existing mo~adios used throughout the City. FISCAL IMPACT: The mobile radios have been allocated in the FY2001/2002 budget as follows: Account Descri tion Account Number _ Amount Communications Equipment 001-2110-521-64-20 $ 33,120.00 ALTERNATIVES: Continue to have some police cars without mobii~radins. Deputy Director of Financial Services Procurement Services Deparanent Name City Attorney / Finance / Human Resources cc: Mike Munro - Police Deparmaem File S:~BULLETIN~ORMS~AGENDA ITEM KEQUEST FORM.DOC F.O Box 550374 Ft. Lauderdale. FL 33355 10/2/01 Bo)talOn Beach police Mr, Mike Munro 100 E. Bo.~mton Beach Blvd. Boynton Beach, FI 33435 Mr. Munro: This letter is to inform you of the So1¢ Source pricing information t'or thc City of Boymon Beach. The contract prices for radio eqmpment negotiated with the Soath Palm Beach Cooperative is good until March 2002. The ASTRO Digital Spectra W7 mobile radio contract price is $3680.00. You ~'ill need to add install and programming cost when radios am ready for install. you can reach me at 954-'~23-8898 if you have any questions, MOTOROLA, Inc. Mike BUhting A¢count:.Manager County Public Safety Communications Cooperative Digital SmartZone Trunked Radio System Equipment List and Pdcing Boynton Beach Subscriber Units and Accessories ASTRO Di.qital. SPECRA W7 Smart. Zone Mobile Radic 27 T99DX 27 132W 27 G806 27 G51 27 G24 27 ASTRO DIG SPECTRA MOBILE SERIES 35W 800 806-870 W'/, 1/4 Wave Antenna ENH: ASTRO DIGITAL CAI ENH: SmartZone Software $9g,360.00 ADD: Two Year "Express Service Plus" G799 System Factory Test Option ASTRO DiRital SPECTRA W7 SmartZone Mc,~urc,~cta Mobile Radi,'- - 4 M99DX ASTRO SPECTRA MOTORCYCLE $4,787.00 4 180W W7 15W B00MHZ. 1/4 Wave Antenna 4 W15 ADD: BLACK WEATHER RSNT ENCLOSURE 4 G806 ENH: ASTRO DiGiTAL CAI 4 G51 ENH: SmartZone Software 4 G24 ADD: Two Year "Exoress Service Plus" 4 G799 System Factory Test Option ASTRo Di ital SPECTRA SMARTNET Consolette Control Stations With Desk Micro hone 2 L99DX ASTRO SPECTRA Control Station $4,848.00 $9,696.00 2 259L 35W 800 MHZ, Local Control 2 G806 ENH: ASTRo DIGITAL CAI 2 G50 ENH: SMARTNET OPERATION 2 TDF6441 Yagi Antenna. 6 dBd Gain DB493 $104.00 200 L1705 1/2" LDF HELiAX, POLY JKT, PER FOOT $2.67 4 TDN6677 1/2" CONNECTOR, N PLUG (MALE) $34.00 2 TDN6678 1/2" CONNECTOR. N JACK (FEMALE) $34.00 4 TDN6673 1/2" CABLE GROUND CLAMP KIT $24.00 20 L1700 114' SUPERFLEX, POLY JKT, PER FOOT $2.00 8 TDN9714 I/4"CONN, N PLUG S-FLEX (PLTD) $15.0~ 2 DSACV2710J1M0 VARILAT1R W/HARMONIC FILTER $418.00 $19,148.00 $208.00 $534.00 $136.00 $68.00 $96.00 S40.00 $120.00 $836.00 Motorola. Inc. 2/18/00 Append~A, Page 57 RE BY: POLICE STATUS: DEPT APPRO\ / REASON: NEW EQUIPMENT SHIP TO LOCATION: POLICE SUGGESTED VENDOR: 5348 MOTOROLA CORPORATION 1 ASTRO DIGITAL SPECRA W7 SMARTZONE MOBIL RADIOS T99DX ASTRO DIG SPECTRA M ~ 9.00 EA 3680.0000 132W OB~LE SERIES 33120.00 35W 800 806-870 W7, 1/4 WAVE ~-NTENNA G806 ENH: ASTRO DIGITAL CAI G51 ENH: SMARTZONE SOFTWARE G24 ADD: TWO YEAR" EXPRESS SERVICE PLUS" G799 SYSTEM FACTORY TEST OPTION COMMODITY: RENTAL/LE~SE EQUIPMENT SUBCOMMOD: RADIO & TELECOMMUNICATION DATE: 10/01/01 DELIVER BY DATE: 10/01/01 REQUISITION TOTAL: 33120.00 LINE ~ ACCOUNT .................. 1 00121105216420 PROJECT % AMOUN~ 100.00 33120.00 REQUISITION IS IN THE CURRENT FISCAL YEAR. REQUISITION COMMENTS: MOTOROLA SOLE SOURCE MATCH EXISTING EQUIPMENT 33120.00 Pd CI IVED Requested City Commission Meefine Dates [] November 20. 200t [] December4, 2001 [] December 18. 2001 [] January 2. 2002 VI.-CONSENT AGENDA CITY OF BOYNTON BEACH ITEH B.8 AGENDA ITEM REQUEST FOR ._ Date Final Form Must be Turned in t~ Cit~ Clerk's Office November 7, 2001 15:00 p.m.) November 21. 2001 t5:00 p.m.) December 5,2001 (5:00 p.m.) December 19, 2001 (5:00 p.ra./ Requested City Commission Meetina Dates [] January 15, 2002 [] Febraary 5. 2002 [] Febroa~ 19, 2002 [] March 5, 2002 Date Final Form Must be Turned in to City Clerk'g Office January 3, 2002 (5:00 p.m.) January 16, 2002 (5:00 p.m.) February 6, 2002 (5:00 p.m.) February 20, 2002 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Un£mished Business [] Almouncemem [] Presentation [] City Manager's Report RECOMMENDATION: Motion to approve purchase of SUBMERSIBLE WASTEWATER PUMPS from ELLIS K. PHELPS & COMPANY of Rivera Beach, FL on an as-needed basis utilizing City of Boca Raton contract #99-025 with an estimated expenditure amount of $200,000.00. EXPLANATION: The Utilities Department, Wastewater Pumping Station Division, previously utilized this contract for purchase of submersible wastewater pumps. The City of Boca Raton has extended their contract with Ellis K. Phelps through March 2002 with a 5% price increase. The Utilities Department has successful on-going programs which include scheduled replacement of submersible pumps and conversion of can stations m submersible stations. The pump replacements are on a 1 O-year change out due to life cycle costs and maintenance design. Pump replacement includes our Master Stations as well as our Lift Stations. The conversion program is a design change from dual wells, which consist of one dry well and one wet well, to one wet well. Currently we have 20 stations remaining in the conversion program. Last year we converted three. We expect to convert seven stations during this budget year. PROGRAM IMPACT: Scheduled. replacement of submersible pumps is a mmntenance program to insure all stations are in proper runnmg condition. The conversion program is in the process of updating older stations that are difficult to maintain and involve safety concerns during repairs. S :~BULLETINWORMS~AGEN DA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM ~QUEST FORM FISCAL,IMPACT: The Utilities Department estimates spending $200~000 00 in combination of both programs-through March 2002. Funds are available in 405-5000-590-96-04, SWR075 and SWR081. Account Name Account ,Number Budget R & R/Wastewater (Pump Replacement)' ' 405-5000-590~96~i)4 SWR075 $300,000 R & ~astewater (Station Cc~nx~ersion) ~: 405.~5000~590~96~,,SWR081 $250,000 ALTERNATIVES: The Utilities Department could bid submersible pumps through our Procurement Division. Department Head's S~narare 1210) Manager's Signature Department Name City Attorney / Finance / Human Resources cci Mark Law Tony Lombardi Barb Conboy Bill Atkins - Procurement S:~BULLETIN~FORMS~AGENDA ITEM REQUEST FORM.DOC I730 W. 10TH .% RI%qERA BEACH, FL .~404 CITY OF BOCA RA_T~_ N_ Lrl~llES sERVIa.ES DEI'T 1~I BOCA RA'ION, FL 334)1 CONTRACTNO-: 99-025 ORDER DATE: 10/01~0 F,O,B,: DH:~ t INATION PROJECT NO,:. TI~P~: .... ~ ..................... ACCOI/NT-iqO.~ ......... DELPfER BY DATE: 09f50/01 DAT~ ~ 03~2~1 R 9. WIT~I AVG. F~u~avl' ~l,~r.n~ EXTENDS CO19TKACT*'~" .... FOR A ONE YEAR PERIOD cOUNCIL APPROVAL: 3/20/01 3-B-1 MAR 2 3 2001 AUTHORIZED BY INVOICE TO: ci~, of Boca Rema, ~inem~,l ~-vi~x~ Dcpemnem 20l W, P~ ~R~ l~yro.~m ~4'~il co~e is made. Al] ~ m~d con~tloue i~mii~od on 'd~ b-~''~b of 05/17/2001 13:55 5618481299 EKPHELPS WPB P~c~E 03 · 0_2.,'~0/01 I~:~$ ~.~ 407 ~80 ~'96.~ ~ PHELPS ORL,A:~DO - ~-,-~ Trait F.,~T.]I ~002/003 ¢~TY OF BOCA RATO~' 2001 4" CP-3085 4" CP-3102 4"/6. C~-3'~ 27 4" CP-3140 $# CP-3140 4" C.T~3152 6" CP-3152 4" CP-3170 6" C~-3170 6# CP-3201 460~'~T 6" CP-3201 460F'a,T 8# C~3201 460VLT 8" CP3300 8" ~P3300 438~440 4~5,441 4~2,43~ 10 50' 4o760.~0 ¢34~436 481 1~ 50' 436 15 50' 454 ;0 50' 454,432 20 50' 434 464 30 50' 442.443 30 50' ~ 650.00 452,457 4; 50' 454 29 50' ~ 650.00 636,637 35 50' ~ 650.00 638 454.461 88 50' 46~.463 ~64.465 467,4&8 60 50' ~ 750.00 '05/17/2001 13: 5S 5610481299 EKPHELPS WPB PAGE 04 02/~0/01 16~5 FAI 407 &8~ ~90Z,~ ~ pHELPS O~Lih'l~ - F_,KP ~It~ST P~L~ ~00~/~ Page 2 cITY OF ~OCA RATON 2001 PUMP PRICING 75 50' · 12" CP3300 636,642 644 · 12" ~l~3300 638,640 60 50' 646,648 NOTE: PUMP PRICE ING~LUDES p~.~IP~ 50' MOTOR CABLE, 31655 LIFT CAI~LE. ADDER tS QUOTED ~OR NONSPAP~K~NG ~RON~ZNG- Feb SubjeCt: PLRCH~tN6 I~R R~TDN Fax:561-$95-?983 Jun 15 '00 14:21 P. O1 COUNCIL APPROVAL PROCUREMENT RECOMMENDATION TARGET AGENDA DATE: March 2t, 2000 Submers[ble Wastewater Pumps -Renewal, Bid No. 99-025 Department:. Utility Se~ces Procurement Method: Sealed Bid Previous Council Award: March 16, 1999, Council Action No.'. 03-A-01 5{} Bids Solicited 20 No-Bids 4 Responses Award Amount: ContraCt Term: Award to: Scope: $200,000 One year with City's option to renew annually subject to appropriation of funds not to exceed a maximum of three, one year renewals- Thia is renewal option number one with no increases to the unit pricing. Law Rasporlsive Responsible Bidders, A. Guthde & Associates, - $"lq I Pompano Be~ch, FL and Ellis IRC,. Phelps & Company, Lake tc~' Park, FL. This procurement provides for the purchase of submersible pumps on an as neJ~ded basis for the City's lift atations from pre-qualified pump manufacturers. Based on the operating requirements of each li~t station and time constraints, Utility Services staff wilt determine the pump which best meets the operating needs at the lift station in need of a new pump from one of the pm-qualified pump manufacturers bid. Funding Source(s): ApprovalS: ._~ Buyer: ~_ St. Buyer: US/Water/Sewer473.4279_536~6537Renewal & Replacement Purchasing Manager: f ,~[..~ $I00,000.00 FY 99/00 Financial Services Director; ~ ~,/~/~ -/~77--- $I00'000-00 FY 00/01 (up°n budget appr°val) OMB D{rector; Assistant City Manager; Requested City Commission [] November 20. 200I [] December4, 2001 [] December 18. 2001 [] January 2, 2002 VI-CONSENT AGENDA t'TEM B.9 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned m m City CIerk's Office November 7, 2001 (5:00 p.m.) November 21, 2001 (5;OOp.m.j DecemberS, 2001 (5:00 p.m.) December 19,2001 (5:00 p.m.) Requested City Commission Date Final Form Mus~ Tu~ January 15. 2002 January 3, 2002 (5:00 p.m.) t--I February 5, 2002 January 16, 2002 (5:00mm3~ [] Feb=ry 9,2002 Febru 6,2002 5:0 ., ~ March 5. 2002 February 20, 2002 (5:00 p.rn.~ NATURE OF AGENDA ITEM [] Adminisu:attve [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentafiun [] City Manager's Repor~ now tor me sa~e m same (~id #019.1411.02/KR).~ EXPLANATION: Procurement Services has reviewed the "SURPLUS VEHICLE/EQUIPMENT LIST" as submitted by Public Works/Flcet Maintenance Division (see attached Memo 01-087). Due to route changes for recycling, tins item is no hinger needed und will not be replaced as allocated in the 200U02 budget year. Therefore, this vehicle will be disposed of through auction, generating revenues to the Fleet Maintenance Fund. PROGRAM EVIPACT: The disposal of surplus vehicles/equipment will provide inventory control maintenance and allow for receipt of revenues through a process monitored by Procurement Services. FISCAL IMPACT: Since this vehicle will not be replaced, the City will save approximately $112,000. The revenues generated from its sale will be placed in the Fleet Maintenance l*und in the following account: REVENUE ACCOUNT NO~ ACCOUNT DESCRIPTION 501-0000-365-01.00 Sale of Surplus Equipment ALTERNATIVES: Maintain the vehicles/equipment in inventory with high maintenance costs which could conceivably impact operations due to down time for repairs. Department Head's Signature City Manager's Signature Procurement Sermces Deparlment Narae City Attorney / Finance / Human Resources Cc: Jeffrey Livergood, Public Works Director Bob Lee, Fleet Adrn/mstraror s :~BULLETINkFORM SXAGENDA ITEM REQUEST FORM.DOC Hoyt Johnson, Finance File NOV DEPARTMENT OF PUBLIC WOI:LKS MEMORANDUM #01-087 ? 200! To: From: Bill Atkins. Depuw Director of Finance Jeffrey Livergood, P.E., Director of Public Works "~/'-- Robert H. Lee, Fleet A~strator Subj: Surplus Vehicle Sale Date: November 7, 2001 Recent organizational changes in the Solid Waste Division of the Public change is in theRecl/cling division. W~th these route enanges, tn~tc for the vehicle listed below. This vehicle was also approved for replacement during the 2001 - 2002 budget yea~. The replacement vehicle is no longer needed and will not be ordered, saving ~e City ~0f Boynton Beach, $111,679.00. We wish To reduce the fleet size bv removing thi~ unit ~m the fleet inventory with no projec{ed ~epiacement. Would you piease prepare the agenda request for commission approval to sell this resource. ID# Year Make Model Vin 0081 199I Mack MS250P VG6M114B llVIB200682 Requested City Commission Meeting Dazes November20, 200] '-] December 4. 2001 [] December 15. 2001 [] J~a'tuary 2, 2002 VI.-CONSENT AGENDA ITEM B.IO CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office November 7. 2001 (5:00 p.rm) November 21, 2001 5:00 p.m. December 5. 2001 t 5:00 p.m.) December 19, 2001 5:00 p.m. Requested Ci.ty Corraxnssion Meeting Dates [] January 15. 2002 [] February 5, 2002 [] February 19, 2002 [] March 5. 2002 Date Final Form Must be Turned in to Ciw Clerk's Office January 3, 2002 (5:00 p.m.) January 16. 2002 (5:00 p.m.) February 6, 2002 (5:00 p.m.: February 20, 2002 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative ~ Developmem Plans [] Consent Agenda --1 New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcemem [] Presentation [] City Manager's Report RECOMMENDATION: Motion to approve the purchase from The Phoenix Group Inc. ~'AFLX" au automated fingerprint and palm print identification system. EXPLANATION: · manual extraction of minutiae, tenprmt to tenptint, tenprint to latent, latent to AFIX capabilities include automauc or tenprint, palmprint to palmprint to latem, latent to palmprmt and latent to latent searching, searches using only pa/'tial latent images, nsmg full 360 degree rotation during search. Al?D[ is a fmgerpr/m comparison nnit using computer hardware and software technology. The Department of Justice with a Local Law Enforcement Block Grant bas approved funding. The city comUnssion approved the grant on September 4. 2001 meeting. Phoenix Group, Inc m a sole source vendor for this type of latent scanning.. PROGRAM IMPACT: N/A FISCAL IiMPACT: LLEBG 90% $27,000.00 City 10% $ 3,000.00 I05-3270-513-64-02 $30,000.00 ALTERNATIVES: N/A /.'./.~ .... Department l~ad s ~igna Police Department Name S:kBULLETINkFORMS~GENDA I2~M REQUEST FORM.DOC City Manager's Signature City Attorney / Finance / Human Resources Lt, Chris Fry~ Boynton Beach Police l~parrmeat 100 N~ 1'~ Avanue Boynton Beach, FL 33437 Wednesday, O~t0bet 31,2001 Phone: AFIX® Tlacker~ developedand produced by The Phoenix' Crroup, lnc, is a fully-featured automa:od fingerprint and palmp~:ini identillcat~on system which is d~gignecl to run in Windows 98,Win~loi~s NT 4 0 Windows 2000 and AFiX® Track ® e ..... apabllities include ~utom~tle or manual exlractlon of minutiae, tenprh~tto tenpHnt, tenprlrit to lat~nL?tefit t nPri~lt; ~pa!mpfi~tt0 palmprlnL palmprint to latent late~ to palmpr nt and atent to la'tent ': ' searChingi~iJea ~i .Usiag dnl~ Far~i~l'la~e~.image~, f'nll 360 degree rotation during search, full cent:r/core!' ' iad~end~rice ;~0~ompari~n'of ~a~dldltes Witll lines COmlect ng matching minutiae poin~s interface abfl-.l~y i~.~: e~can d°~rlee% ability't° scale photo .IGC., .p~ from either con vcntiorlal or digita sources an~i th~ :.iingle images m: comp~e'fenprint r~o~ds'to other systems via network or intcrn~t To,the best of ou[k~owledge, tl~l~ ~r~ ~0 .other currently.aYai.lable operational PC-based automated fmg~prin~a]mPklnt ide~ifi~atio~ systems wifa'the~e,~apa~iihlea~.;: ' '... Bes~ Regards, Mandy Swayzo Wednesday. October $ I, 200~/ ?~e Phoenix Group,1,~. AFIX Tracker quote and specificatien:pr~pared forLt Chr s Fryg. Be~'nton Beach Police Depar~et~t,.. Boyaton Beach, F/~ AFIX Tracker 4.1 for WIndcn~'s.98/ME/NT4.0/200O singl~u~er V~rsion · 3-year AF!X. Track~ Support Plan (described in specification below) Dell DimeiI~ion 8100 Mini-tower comput~syst~m (configt~ratkm as d~c~ibed bel~w)i E!~on Perfection 1650 flatbed scanner, Epson Sty us C60 printer. APC Back-UP$?~0~' .,. unint~raptib e power supply , ' ::.' :.': Price includes systcn'n configuration and shipping. 2 da¥~ ~nsitd~ training , Stanup Database Build - input, ~Xlract au;l.~d t up to 100 tenprillt and/or PalmPl4nt cards, . ' ,, ' ....... Total: $30,000 Specifications: Dell Dimension 8100 computet~ system · ·" Epson 1650 Scanner , .- Scanner Type - lqatbed "'"" · · Scennir~ Method - Single-pass ':- Element- Color Ms. ix CCD line sensor Light Source- White cold cathode fluorescent lamp · Optical Resolution- 1600 Hardware l~solutton- 1600 x 3200 dpi m~imum with Micro $~p ~w te~oto~ Eff~tivc P~els ~ ~I 3,~00 x 18,720 ( 1600 dpi) · Sc~n~ Smed - {16~~dPi, ~ mode) 256 ~y level: 33 ms~e (approx.), ~11 ~lor: 10 St~dard l-y~ . blaxim~res~JU~tib~n' 28110 X 720 dpi I~i~S~i ~lel 0EEE-1284) AFC Back-Ul~5 ~)O~A Battery Backup capacity :~00VA/300Watts · 3 power outlelsi 2 battery and surge protection, 1 s~rge prorectiononly ou~ut volgag~ regulation 115V +/- 5V% (on battery) · 2:year comprehensive warranty Premium Support Plus ~-¥esr Plan' · All upgrades and new versions of AFIX Tracker software · toll-fm~ teuhnical support calls · Software maintenance updates · Fr~¢ replac~mcrit of damaged or lust installation disks *At the end of the initial coverage period, d~e support plan may be renewed for a period of one year ($'2,000) or for a p~riod of throe years ($5,000). Lt. Chris Frye Boynton Beach Police Department 100 NE 1~t Avenue Boynton Beach, FL 33437 Wednesday, October 31, 2001 Phoenix Group, IN AFIX Track, r v4.1 $oftware functionality: .General · Fully tkatured minutia-based automated fingerprint/palm print identificalion system. · Designed to nm in Windows. 9$, Windows ME or Windows NT4/2000 on a Pentium Pentium 4-based computer. :..'..,' ~ · Allows exchange of data/:~..~..~..}>hherTmc .ket ~/st~r~s. ~a e_mail. · · Provides for filing of l:af~fit ;firgg~iint~aniff6r:~;:~fint..images by crime scene. Scanning ,.~ Scans stand~td tO~t.'cards. (roiled.' mressioas '~r slaia.".~ressions~ and single or Sq~'la~nt fiag~fi~m~d'pal~ p~t'images ~m. alh~t.'~' s6m~;:ineluding mpc Aammfic~ty exm~ min~.~$m r6~ea~.~p~slap ~prassiom ~ latem Aum~c~ty id~fifies centers ~d'det~;;': 2 Y.. Aatomafic~ly pm~d~ 1~* co,rs. Provides b~e NCIC cl~sificmiom ~ *x~fion of m~utiac. Converts NCIC classification to Hem'y classification automatically. Allov~ manual intervention at alt times during the classlficahon proces , including full editing of all extracted minutiae. Palm ?tint Processing Automatically extracts minutiae from record or latent palm prints, Allows for customizable capture of each record palm image in ten segments, relating to Allows fo: Allows manual the classification process. Searching Provides search capability for: · tO-prim to, lO-print searches · lO-print to latent searches · latent to lO-print searches · latent to latent searches · record palm to rocord palm s~archcs · latent palm tO, l~cord palm searches record palm to latent palm searches · latent palm to latent palm searches · Simultaneous searching of 1 O-print, palm print and latent databases in a single se.arch. s , e ng of ia*ems; l O-p nts palm p ts a ? degee o{ rotaon. · Searching of both latent fingerprints and 10-prints w~thout dcfinmgm¢ cantor or, core. ~iu~cial prints. · searches with no criteria limitations, or searches may be limited by use of biographical/description data, classification, possibte.£mger location md/or orientation. · ProTdd~s printable ;eports of search results. Search History. Trackers Search History grid allows you m quickly scan through and review previous search results, ami tztains information about when a~d ho~ thc search was conducted. Comparison When a match is found, Tracker provides a stereo screen view for side-by-side comparison of fingerprint or palm print images. Provides for automatic rotation of compared fingerprint or palm print images into ictentical orientation. Provides visual linking of matching minutia points on compared prints for easy recognition of matching areas. lanport/Expor~ capabilities Import fingerprint images with compl~.~ minutiae strings from other AFIX Tracker systems or from ,MIX Comparator users. Impo~ complete records from liv~scan systems or EFTS files to be ex,acted and searched in AFIX Tracker. Export cxtractecl ~ng~rprint images using a simple e-mail interface to other AFIX Tracker systen~, or save to a t~lc. ImaRe Scaring .A.FIX Tracker's scaling ~ooI allows for s¢~,~ing in photos of.fingerprint or palm print images or importing directly from a digital camera without knowing thc scale ofthe image. As long as a ruler, is visible in the photo, Tracker's Scaling tool can bring thc image ~nto 1:1 scale. Requested City Comm~sslon Meeting Dates ] November 20. 200l ] December 4. 200 I [] December 18. 2001 ] January 2. 2002 VI.-CONSENT AGENDA ITEH CITY OF BOYNTON BEACH AGENDA ITEM REQUEST Date Final Form Must be Turned in to City Clerk's Office November 7. 2001 5:00 p.m./ November 21. 2001 5:00 p.m.) December 5. 2001 '5:00 p.m.) December 19 2001 5:00 p.m.) Requested City Commission Meeting Dates ] January 15. 2002 [] Febmary 5. 2002 [] FebruaD 19.2002 [] March 5. 2002 Date Final Form Must be Turned In to Cxt) Clerk's Office Janua~ 3. 200215:00 p.m. JanttaO 16. 2002/5:00 February 6. 200215:0O p.m. Febraary 20. 200215:00 p.m.I NATURE OF AGENDA ITEM [] Administrative '-'] Development Plans [] Consent Agenda ~ New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Repor~ RECOMMENDATION: Commission approval of the resolution releasing the Guaranty Bond (#379234) in the mount of $15.000. providff~?for ~,, Meleau PUD, by Continental Homes of Florida, Inc. ~ ~.~ EXPLANATION: This guarantee bond has been held as asstmmce that should Palm Beach County Engineering and Public Works Department. Traffic Engineering Division. determine that a traffic control device would be necessary at the intersection of Congress Avenue and Sandalwood Drive. such a system would be provided. The county Traffic Engineering Division has provided the cio' with a letter dated October 17, 2001, stating that a traffic signal system is not necessary at that intersection and has no objections to the city releasing this bond. PROGRAM IMPACT: N/A FISCAL IlvlPACT: N/A ALTERNATIVES: Quintus ~}~-ffne~. Director o-"6'f~v~lo~gment Development Deparanent Name ~'s~gnature Cit~7 At*.orn~ ? 't~[nfince / Human Resources S:\BULLETIN~ORMS~AGENDA ITEM REQUEST FORM DOC RESOLUTION NO, R01- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING A RELEASE OF THE GUARANTY BOND (#379234) TO THE MELEAR. PUD, BY .CON'~INI~NTAL HOMES OF FLORIDA, INC., 12',4 THE~ -a~O!,TNT OF $t5,000; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, this guarantee bond has b~en held:as assurance that, if required by Palm 3each County, determine that a traffic control device would be necessary at the intersection of Congress Avenue and Sandalwood Drive, such a system would be provided; and WHEREAS, Palm Beach County has, determined that the traffic signal system is not tecessary and has no objections to the City releasing thisbond; LBY THE CITY COMMISSION OF THE CITY OF BOYNTON 1 The City Commission of the City of Boynton Beach, Florida, upon the :', hereby approves the rele~e' of the gurantee bond (#379234) in the amount of $15,000, be released to ~Vl~lear pUD; ft~ the C0n~inental Homes of Florida, Inc., Section 2. That this Resolution shall become effective immediately upon passage. day of November, 2001. CITY OF BOYNTON BEACH, FLORIDA PASSED AND ADOPTED this Mayor Vice Mayor Commisswner Commissioner Commissioner City Clerk ~:¢aXResO, Le~xer of Credit/Guarantee l~lease - Melear pUD - Continental Homes DEPARTMENT OF ENGINEERING MEMORANDUM NO. 01-220 TO: FROM: DATE: SUBJECT: Quintus Greene Director of Development H. David Kelley, Jr., PE/PSM Civil/Utility Engineer October 26. 2001 Request for Release of Surety Bond Payment Guaranty Bond #379234 MELEAR PUD Traffic Signalization The subsequent developer for the Melear pLTD, Continental Homes of Florida, Inc. issued a Payment Guaranty Bond to the city in the mount of $15,000.00 on February 4, 1999. This bond was accepted by the City Commission via Resolution No. R99-35 on March 16, 1999. The purpose of the bond was to guarantee that if a traffic signalization installation was necessary at the intersection of Congress Avenue and Sandalwood Drive as determined by Palm Beach County, Engineering and Public Works Department, Traffic Engineering Division, monies were set aside to cover the installation cost. The Traffic Engineering Division of Palm Beach County has sent a letter dated October 17, 2001, stating that a traffic signal system is not necessary at that intersection, and has no objection to the city releasing this bond. Copies of the above documentation are attached for your records. Based on this information, this Depathnent does recommend release of the above noted bond for this project back to Continental Homes. If you have any questions regarding this matter, please ~ontact myself at x6488 or Laurinda Logan, PE, at x6482 in this Department. XCi Laurinda Logan, PE, Engr. Dept. t David Kelley, PE/PSM, Engr. Del>. File S :~Eng~neehng~ostalXENOlNEERING~I ELEAR PUD (Traffic Signalization) Surety Release Request.doc October 18, 2001 Ci~t~. of Boynt0n Beach Att~ Don ~ohnson 100E. B°Ynton Beach Blvd. Boynton Beach, FL 33435 Re: Release of Bond # 379234 $15,000 Payment Guarantee Bond for Melear PUD Dear Mr. Johnson: 1 am sending thig letter as an update to my letter to you dated May 14, 2001~ in which I had requ~ a Release on above referenced bond # 379234. Attached to my letter you will find a copy of a letter from the Department of Engineering and Public Works. Mr. Dan Weisborg ~ written a I~tter to us notifying as that there is no n.eed for a traffic?gnal Sandalwood at Congress. Therefore, he has advised the City of Boynton:Beach t6 release the bond. Please-advise me on what has to be done for this bond to be released. [would appreciate a prompt response. If you have any questions please feel free to call me at the telephone nUmber below at Extension #112. Very truly yours Assistant Controller Welcome Home Fax (305) 556-1815 DepL~mem: of ~[~eerit~ October 17, 2001 Mr. John Williams Continental Homes 8000 Governor's Square Boulevard Suite 10t Miami Lakes, Florida 33016 RE: TRAFFIC SIGNAL SANDALWOOD AT CONGRESS Dear Mr. John Williams: This letter is m response to your letter regarding the release of the bond for the Melear PUD for a traffic signal at the intersection of Sandalwood Drive and Congress Avenue. Palm Beach County has studied this location several times to see if a traffic signal is warranted. So far, the installation of a traffic signal has not been warranted. It is my understanding the Melear PUD is near build-out, and the traffic volumes are not likely to change significantly. Based on this, Palm Beach County Traffic Division has no objection to the City of Boynton Beach releasing this bond. County Adml~sU~r Sincerely OFFICE OF THE COUNTY ENGINEER Dan Weisberg. P.E. Assistant Director - Traffic D~vtsion Files: Roads: Congress F:~TRAFFIC',DIW~SandelwoodCongress.wpd RESOLUTION NO. R99-,~' A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE RELEASE QF SURETY IN THE FORM OF A PAYMENT GUARANTY BOND, ISSUED ON BEHALF OF GENE B. GLtCK COMPANY, INC. (VIA LUGANO PROJECT), BY CONTINENTAL CASUALTY C( MPANY IN THE AMO~ OF $30,Q00; ~ ..AC( PTING SUBSTtTUTE PL NT BO S :THE OUNT OF ,$155000~ EACH FR,O,M (~ONTtNENTAL H~ ES OF DA't:E, ' · WttEREAS~ the Gene B. GlickComPany, Inc., posted a Payment Guaranty Bond in the amount of $30,000 to guarantee the installation of a traffic signal at the intersection of Congress Avenue and Sandalwood Drive, should the same be warraated by Palm Beach County; and WHEREAS, the ProPerty has now been sold to Boynton Beach Apartments Associates Limited, the developer of the Via Lugan0 Project, and to Continental Homes of Florida, Inc., who desire to substitute pay~nent bonds as follows: Bond No. 379234 Amount: $15,000 Surety: Seaboard Surety Company Principal: Continental Homes of Florida, Inc., And 2. Bond No. 190585737 Amount: $15,000 Surety: Continental Casualty Company Pfincipah Boynmn Beach Apartments Associates, Ltd. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA. THAT: Section 1. The City Commission of the City of Boynton Beach, Florida. based PAYMENT GUARANTY BOND Bond #379234 KNOW ALL MEN BY THESE PRESENTS, that we Continental Homes, 8000 Governor's Square Blvd., Suite 101, Miami LakeS, FL 33016, as Principai, and Seaboard Surety Company, 600 N. Westshore Blvd., Suite 400, Tampa, FL, as Surety, are held and firmly bound unto the City of Boynton Beach, Florida and Palm in the sum of Fifteen Thousand and 00/100 Dollars ~ be made, we jointly and bind ourselves, our heirs, legatees, executors, administrators, personal representatives, successors and assigns f'n-mly by these presents. :~ereas:th¢ City of?~Yat~n-Beach~ Flor~daand Palm Beach.:County,.F16rida, may effect ~the in~lati~on Of signa~afiog ~at fhe ~ig3ersecti0n 0f~ Sandalwood Drive and-Congress AVenge, B0ynton Beach; Florida at such time as palm Beach! Co~ det~ .emines that Warrants ~xistS for this installation, all ~ requi~ed b~y an amendCent tQ the Melear PUD dates ~°Vember 8, 1988i the Principai Warrants and guarantees the payment of the cost of said installation. Now, if.said City of Boymon-Beach, Florida and Palm Beach County, Florida determines that warrants do not exist for this ~nstallat~on then this obhgat~on shal~ be null~and void In witness whereof, we have hereunto said our hands and seal this 4th day of February, 1999 in terms of their clerical efficiency. ATTEST: Deflige Taylor, AtroPhy-. ~I. ~n~..et And Florida Licensed Resident Agent Inquiries; (813) 281-2095 Continental Homes of Florida, Inc. John P. Moroney, President 14228 SEABOARD No ; ADMINISTRATIVE OFFICES, ~.ALTIMORE, MARYLAND KNOW ~ M~ BY ~SE P RESEN~ ~ S~O~D SU~, CQ~PANY, · co~om~o, of ~e Stye ?f ~ew Y~ h~s m~e, cons~ and appoi~ed and byth~se pr~eh~'~do~e;~.Con~and ~pOint ~s W. Du~ of ~a~, exec~e and deli~r ~ ~ b~ i~umn~ ~lici~, sure~ Such herehy This day ,its Senior Vice- ..t~ch ........... COUNTYOF BALTIMORE · : , ' ' 9 a am mona y ~qua nted ~o, being by me du~ ~m, ~id that he resid~ in ~e S~te of ...... ~3~R~; ................................. ; ~ ........ ~m~*m~ ,~ ~4p~ ~e Como~ion de~d~ ~ ~d ~ich exacted ~e forgoing ti~ ~re~n~: c~2~e s~T~u~:~ d~'~m%'~% ~"";t ~e se';I affixed to said in~m~t ~ ~uch ~orate seat; that ~ ~ ~ affix~ ~ omer of ~e Bo~ ~ Dir~m M ~id C~p~ ~d ~id Compan~ by like a~ho~. (~ ~'1 ~T~Y PUBLIC. $~ ~ Maryland (Seal) ~J ~Y ~i~ ~ims ~ 1, ~2 ~' CERTIFICATE ~e . - t~ ~a ~ ~ ~ ~ , . . ~n ~ ~ ~ ~ a ~ of ~ ~ ~ ~e~ IN W~ESS WHEREOF, I have bereave set my hand and affixed the co~mte seal of ~e ~mpany to ~e presenm ~is ~ ~TH day of FEBRUary. ..................................................... Requested City Commission Meetin~ Dates [] November 2C. 2001 [] December 4, 2001 [] December 18,2001 [] January 2, 2002 VI,-CONSENT AGENDA ITEM C.2. 'CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office November 7, 200I (5:00 p.m3 November 21. 2001 (5:00 p.m.) December 5, 2001 [5:00 p.m.) .December 19, 2001 {5:00 p.m.) Requested City Commission Meeting Dates [] January 15, 2002 [] Februa~ 5. 2002 [] February 19, 2002 [] March 5, 2002 Date Final Form Must be Turned in to City Clerk's Office lanuary 3, 2002 (5:00 p.m.) January 16, 2002 (5:00 p.m.} February 6, 2002 (5:00 p.m.) February 20. 2002 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation RECOMMENDATION: r-~ Motion to approve Task Order #01-02 with General Engineering Consultant, Hartman and Associates,~ Inc., for an mount not to exceed $57.050.00 to perform a hydraulic analysis of the Water Distribution System. EXPLANATION: The last hydraulic analysis of the Water Distribution System was done as part of the 1989 City of Boymon Beach Comprehensive Plan - Utilities Element. Since that time several major improvements m the system have been made that significantly impacted the system. These changes include the following: construction of the West Water Treatment Plant, construction of the elevated storage tank, several pipeline additions/replacements, new developments and customers, and the installation of the Aquifer Storage and Recovery Well at the East Water Treatment Plant. PROGRAM IMPACT: Results will provide information that will evaluate the need for future improvements based upon projected water demands. This study will consider the following: 1) variation of supply from East and West Plants, 2) fire flow demands at critical locations. 3) demand for growth, 4) capacity evaluation and need for interconnects with adjaeem utilities, 5) varymg water pressures, 6) drought conditions, 7) additional storage needs, 8) impact of expansion of reuse system, 9) analysis of impact of high rise construcfioninidentifie~t areas. {,h~-~,Oh ~¢~' m'ra q"f~en~"3 FISCAL IMPACT: The cost of this task order is not to exceed $57,050.00. These funds are available in Account g403- 5000-590-96-01 WTR017. Analyses such as these can easily cost over $100,000.00; we have recommended a very conservative approach. S:~B~TIN~FORMS~AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM ~QUEST FORM Page' Two November 6. 2001 ~ City Commission Meeting Agenda Utilities Department - Approval of Task Order #01-02 Dep~/ment Head's Signature gll'a-ffdre Utilities Department Department Name City Atton~e. ff~m~ance / Human Resources Cc: Dale Sugerman WRLT S:kBULLETINWORMSk~GENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R01- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A TASK ORDER (#01-02) FOR GENERAL ENGINEERING CONSULTANT, HARTIvlAN AND ASSOCIATES, INC., AN AMOUNT NOT TO .EXCEED $57,050 TO PERFORM A HYDRAULIC ANALYSIS OF THE WATER DISTRIBUTION SYSTEM; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission, upon staff's recommendation, has deemed it ~ppropriate, and in the best interests of the public, [o approve Task Order No. 01-02 for General Engineenng Consultant, Hartman and Associates, Inc., to perform a hydraulic analysis of the water distribution system; NOW, THEREFORE, BE IT RESOLVED BY TIlE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida does hereby authorize and direct the Mayor and City Clerk to approve and execute Task Order (#01-02) for General Engineenng Consultant, Hartman and Associates, Inc., in an amount not tO exceed $5%050, to perform a hydraulic analysis of the water distribution system. Section 2. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of November, 2001. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ~TTEST: City Clerk engineers~ hydrogeologists, snixeYors & ~emem consultams October 4, 2001 HAI#00-197.03 Via Facsimile & U.S. Mail Subieet: Task Order No, 2 Water TranSmission Analysis and Report Update to Current (1989) Hydraulic Model OCT t 0 2001 Dear Mr. Kenyon: Transmitted herewith, please find two (2)signed. originals of Task Order No. 2. to provide an update to the 1989 Water System hydraulic ana!ysis, The attached Task Order: reflects our recent di~m,~innq recrardin~ the City's reauirements for the UlXiated analysis. The Task Order is based upon the proposed Scope of Services submitted in our letter of Augnst 30, 2001. Harttnan & Assocmtes, Inc. (HA1) has proposes to provide these servieeson an hourly basis utilizing the approved rote schedule ~or gen~rai consulting services agreement between the City and Mi. HA1 appreciates the opportunity m serve the City on the update of the water system hydraulic analysis. We look forward to meeting with the City to initiate the project activities. Should you have any questions concerning the attached Task Order No. 2, please contact me at 1-800,88t-3955. Very truly yours, Hartman & Associates, Inc. Attachment CZFlsma/00-197;03/¢orreap/ Kenyon2.czf. do¢ CC: Charles W. Drake, P.G., HA1 Mark A. Gabriel, P.E., HAI Ada Terrero, I-IAI 201 F~ST PINE STREET · SUITE 1000 · ORLANDO. FL 32801 TELEPHONE (407) 83%3955 · FAX (407) 839'3790 ' www. consutthaLcom ORLANDO FORT MYERS pldtNTATION JACKSONVILLE DESTEN CITY OF BOYNTON BEACH TASK ORDER NO. 2 Water Distribution System Analysis Hydraulic Model Upgrade October 3, 2001 I. BACKGROUND As part of the development of the City of Boymon Beach's Comprehension Plan in the late 1980 s, the City had a hydraulic analys~s of the City s water dismbution system conducted. The · The construction of the Western Reverse Osmosis (RO)Water Treatment Plant (WTP) · Miscellaneous upgrades of the Water Transmission/Distribution System as identified in the January 4989 Re-p~r t · Construction of tho concrete elevation storage tank at the East WTP · Installation of the aquifer storage and recovery (ASR) well at the East WTP. · New transmission mains related to the expansion and growth of the City's service area. In addition to the a~boye SY,Stem improvements, the Operation of the system has been modified to not Only shift tl/e.E,fimai-y supplysource for'the syztem go the western wi'P, but also respond to the South Florida Water ~ai~gement District (S~D) pOlicies related to the severe drought in the region. Based upon the SFWMD pOlicies, the B0ynton Beach Utilities Department has been of 45 psi,. This delivery pressure has tank. The limitation on The the upon change, s in. the Iand ,use plan for the City downtown maS of the City could potentially demands if a change in allowable building height is approved existing general engineering related m the tanks, additions to Dep ~artment is also requesting to 9erify that the demand projections in ;ystem. The flow based that characteristics of the modified to increase water CZF/sma/corresp/WD S-Analysis2.doc HAI~/00-197.03 -1- 100401 II. SCOPE OF SERVICES A. General: Hmtman & Associates, Inc. (HAl) h~ de'~eloped a specific Scope of services to update and revise the model developed fo~ it/e ~I~89 C~ghensive Plan. Based u_pon the detailed discussion with the Utililies Department' Staff, i~ ~0al is to provide the Ci~ wi~ ma updated model that Can be used to determlne~system imProvemeflts t0 ad,ess the following operational and service requirements: ~ Delivery~o£ wat~ ;service primarily from the Western RO WTP ,Wlfth, ~e,~ East ;WTP being The use ofi interconnects with adj~eem requirement. · ' ..... and/or fire flow analysis. B. Task 1: Meetinq!~with~flaeCi . 1989 discussed prior to ~ the o be system limited to ~ files are or the discuss~,ons at the m~ung and d~smbute a copy CZF/sma/corresp/WD S-Analysis2.doe HAI#00-t97.03 -2- 1o~.ol C. Task 2: Model Conversion Based upon the best available information, HAl has assumed that the 1989 model was developed using the KYPIPE model. HAI proposes to utilize WatelCADD, Version 4.0 for the water system analysis in,this proposal It is anticilmted that there will be limited data that will transfer to WaterCADD i~the existing model Utilizes the KYPIPE product. In discussions with the city's AutoCADD group, the existing distribution/transmission system is available in digital format. However, the distribution and transmission system is stored on one layer in AutoCADD. Assuming this is correct, HAl will develop a detailed skeleton model of major transmi~ss~on~distfibution maius ~om the existing AutoCADD files, Since the existing pipes are on one la er in the Utili's AutoCADD :files ' ' - ~ .._. ~Y , ~; . ~ ,,. ,.,~ ,.HAI will develop a compmheus!ve.!ayout of the ems~mg system ptacmg mmvt~lual water, main:sic, es on a, separate AutoCADD layer`. By segrega, ting the pipe sizes b3r layer,., HAI will !~ .abie to: digitally ~ansfer the pipe loca~'ons anal ~s:to the.Wa.,t~e.ff2~ ~D:mde! while pros~ ,dha~ g. the ,City .w,i,~tha~ more flexi~l¢ database of:the ;~stmg tran.s,.,missmn/d~stribufion system, This database of the system esuld.b~ imp0rtea into a ,ture centralized GIS database'for all dements ofth,e City's Public Utilities and W~rk~ systems, as well as ,being utilized for other plannin§ and mapping purposes. D. Task 3: Disaeexeeation of Water Demanr[q identify, areas In addiction to the land use analysis, ~sed inthe 1989 report with the , In addition, HA1 will compare the per unit institutional past five (5) years o1~ historical patterns observed . Based upon the chan~es in the documented flows and assumptions in the 1989 model, i ~I will make appropriate adjUSlments in the demands to i~e utiliZed in the model:for Parposes. of this analysis. E. Task 4: M¢del Calibration pro ~t~er period used in the any w~ch have occurred over this five '(5) year period, determine whether the existing model is ~rol~rly cal~rated. s OffiCe (IS(b) ~xe flow data to determine whether, system valves are in the In conjunch0n with the IS0 data, ~ the 1989 model and will ;use best enghaeeting both existing and, new mains l~esed upon Pipe in the p~e condition bveri the evaluation CZF/sma/eorresp/WDS-Analysis2.doe HAI#00-197.03 -3- 100401 It is assumed that HA1 will evaluate system improvements based upon the following future conditions: 1) near term demands (1-5 years); 2) projected- demands in 2097,~01 ~fird ¢01! 7; · 3) proj~ted'd~m~lsat~'the:er~d';~f~e meaty (20)ye~:plm 4) projected dlmands under boa'ldout cqnditi0~. F. Task 5: Interim Rexne~ Meetm~ also of need to perform a field r after specific to perform system. For ~ man-hours. the iti with the will ~also seven CZF/sma/corresp/WDS-An~ys~2.doc HAI#00-197.03 1004O1 If the field calibration is performed, HAI will make ~ljustments in one or more Of the following factors to adjust the model to reflect the field observed conditions: 1) friction coefficient for selected pipe segments; 2) operating position of line valves; 3) peak hourly to average daily flow demand milos and/or; 4) allocation of demands to critical model node points. H. Task 7: Detailed Analysis Once the City and HAI have determined that the revised model is accurately reflecting the existing system under critical operational conditions, HA1 will analyze selected flow scenarios to meet future growth and system requirements. The selection of scenarios to the modeled will be based upon discussions with the City after HAI has presented recommended model scenarios to the City as discussed in Tasks 4 and 5. The model scenarios will be based upon steady state conditions using selected water treatment plant and system operating conditions. These conditions would include level in the elevated storage tank and pump capacities at selected delivery pressures, diurnal demand patterns and fire flow demands f0r~selected alternatives.. The ~will be (5) year inc~ement oveJ The five (5) year system and to meet the requirements under build-out conditions. I. Task 8: Letter Report of Findings report, wmfre, s,~n~.m.e m~.roy~me?s t? the existing system to meet the ~growth and land .use pmns xor me tzny. rmnnmg tevel construction estimates will be prepared for the system tmprovements. These cost estimates will consider constmctability4ssues related to the pipeline corridors as well as major roadway and canal crossings. The letter report will include consolidated maps, which depict the existing system and the phased recommended improvements including system improvements required to meet build-out conditions. The capital cost requirements will 'be summarized for'each five (5) year period and the buildout condition. Upon receipt of the City's review of the draft letter report, HAI will meet with the City to discuss ~_e_,%d~aff.,lett,er .r~rt and ad, dres, s specific comments by the City. After the meeting, HAI will ,nalme uae le~;u~.r report ana sul>mlt a final report; HAl will pr.ovide with the final report a documented digital file of the model and hard copy maps, which ,depict the recommended improvements to the system to meel the future conditions. CZF/sma/corresp/WDS-Analysis2.doc HALg4)0-197.03 -5- 100401 IlL PROJECT SCHEDULE The project schedule for each task is presented below: Completion Date Days :from Notice to Task ! 2 3 4 6 7 8~ ~V. - ITEMS T~ :BE FURNISI~ED BY OWNER 45 60 fol eot: analysis has been based upon noti.'ce to proceed · Electronic copy of the 1989 hydraulic model input files and a hard copy map of the modeled systems. · friction factors, model demands, 1989 projections. · Historical~.system operational data including water plant flow records, tank levels, booster pump station flow/pressure readings, fire flow test results and pressure readings!~om remote locations in the system. ~ Electronic files Of the City's 1989 and Current land use zoning maps. · AutoCADD files for the existing water transmission/distribution system. COMPENSATION Payment fo~-the professional services is to be reimbursed on an hou[.!,y,b.~i.s up,,.t.o ~e not-to-exceed amount indicated below. For Task ! through 8. HAl vau ofll the ~,~ty xor actual hourly labor charges based upon the attached rate schedule. Individual task budgets have been provided to indicate the estimated level of effort required for each task. However, actual costs for a task may exceed the estimated amount provided the overall project costs do nor exceed the upset limit for the project. The upset limit mount will not mclude Task 6 unless Task 6 is specifically authorized by the City. CZF/smaJcorresp/WDS-Analysis2.doc HAI#00-197.03 100401 The fee for the individual rusks, reimbursable expenses and the overall project is presented below: PROJECT COST SUMMARy Estimated Task No. Labor Cost 1 $6,000 2 $10,500 3 $6,000 4 $5,500 5 $8,000 6 $5,000 7 $6,000 8 $8,500 Subtotal $55,500.00 Reimbursable Expenses: Travel $750 Copies $250 Graphics/maps $550 Subtotal Reimbursable Expenses $1,550.00 Total Not to Exceed Fees $57,050.00 APPROVED BY: CITY OF BOYNTON BEACH, FLORIDA BY: Mayor Date Approved as to Form: City Attorney SUBMITTED BY: ttARTMAN & ASSOCIATES, INC. MarkA Rynning, M B A,P E Vice President CZF/sma/con'esp/WDS-Analysis2.doc HAI#00~197.03 -7- 100401 ATTACHMENT 1 mmTM~8 & ASSO ~C~ T~S,~C. HO~Y I~TE sCHEDULE CITY OF BOYNTON BEACH Pfindpals Senior Managor S~nior l~a~neer/Hydrogeologist Vll/Seaior Project Manager $235.00 $185.00 $175.00 $160.00 $145:00 $130.00 $t20.00 SHO~O0 $95.OO $90~00 Sg0.00 $70.00 $120~00 $g5:00 $65~00 $~0~I00 $~o ~'~o~oo ~ ~o ;~0o ~00 · Technician IV ) ~00 LO0 : Technician II .o0 Techuiciml I ~IV all kssist~nt/Senior Word Processor in ;h~ various elects that comprise thom). Paymeac xs aue ~L~,:recelp~ ox ~ 1 '~y~ or more from invoice date) will be increased by 1.5% P~rhnonth, or the law. VT. -CONSENT AGEN DA lrTEM C.3. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested C{~y Commission ' Date Fha[ Form Must be Turned in to City Clerk's Office November 7. 2001 (5:00p.m-) November21 200] (5:00p.r~j December 5, 2001 (5:00 p.m.) December 19, 2001 ~5:00 p.m.) Meeting Dates [] November 20, 2001 [] December 4. 2001 [] December 18.2001 [] January 2, 2002 Requested CCy Commissio~ Meeting Dates [] January 15.2002 [] February 5, 2002 '-- February 19, 2002 [] March 5, 2002 Date Final Form Must be Turned m to City Clerk's Office January 3, 2002 (5:00 p.rm) January 16, 2002 (5:00 Fetymary 6, 2002 (5:00 p.m.) February 20, 2002 (5:00 p.m.) NATURE OF AGENDA ITEM [] Admkfistrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfmished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: - Approval of contract renewal with Gallagher Bassett Services, Inc., for period October 1,200] through Septembe_~, 20~ m the amount of $42,030.00. This is a ~:enewal of contract originally approved under Resolution R00-152. Nove~h~l~r 2000. -- ~..c~ EXPLANATION: This contract is for the provision of insurance claims adjustment services for third party general and auto liability claims, and first and third party property damage claims. PROGRAM IMPACT: These are ongoing services provided to the Risk Management Department for independent adjustment services for cia/ms brought against the City's self-hasurance property and casualty insurance program. FISCAL IMPACT: These services have been authorized in the FY 2001-2002 Risk Management Departmem Budget in account number 522- 1710-519-31-90. Th/s contract is based upon the same pricing as FY 2000-200t. obtained from piggybacking offCity of Riviera Beach's bid conu'act of same year, ALTERNATIVES: Seek proposal3~].~c ompanie s/~~f~/'~ ~/?~(with no experience handling this City'S ~ce/L~,.~dj''''v~claims at anticipated higher rates. u-v'~a's'S2~e '"'~ "c~ ~ger's Signat~e (. Department Name //7 City A~fit~z' Finance / Human Resources R.M/Gallagher Bassett Comm Renewal 2001.dot S:~BULLET1N~ORMS AGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. ROI- A RESOLUTION .OF THE' ;CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE ADDENDUM NO. 1 TO AGREEMENT FOR SERVICES BETWEEN -T-HE CITY: OP BOSTON. ,BEACH:, GALLA~GHER BASSETT ~' SERVICES. INC.; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on November 8.2000, the City Commission entered into an Agreement vith Gallagher Bassett Services, Inc., providing for insurance claims adjustment setwices for third party general and auto liability claims, and first and third party property damage claims; md WHEREAS; the attached Addendum extends that Agreement for an additional one ear period, at a reduced cost to the City NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF rile CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida does tereby authorize and direct the Mayor and City Clerk to execute an Addendum to the Agreement for Services between the City of Boynton Beach and Gallagher Bassett Services, [nc., extending the term for a one (1) year period, and amending Schedule V Services and Fees, a copy of said Agreement being attached hereto as Exhibit "A". Section 2. This Resolution shall become effective mediately upon passage. PASSED AND ADOPTED this day of November. 2001. CITY OF BOYNTON BEACH, FLORIDA Mayor ATTEST: City Clerk Corporate Seal) ResoXAgr\COBB-Gatlaghe~ Bassett Semces, Inc. Vice Mayor Commissioner Commissioner Commissioner ADDENDUM #1 TO AGREEMENT FOR SERV~ICES BETWEEN CITY OF BOYNTON BEACH AND GALLAGHER BASSE'I~ SERVICES, INC. ORIGINAL PERIOD OF AGREEMENT: 10/1/00 - 10/1/01 DATE OF CHANGE: 10/1701 It is hereby noted and agreed that for the period from 10/1/01 to 10/I/02, Schedule V of this Agreement is amended to read as per the attached revised Schedule V. All other terms and conditions remain unchanged. DATED'THIS / ,..~ ~"~f DAY OF , A.D. 2001. CITY OF BOYNTON BEACH By;_ Title' GALLAGHER BASSETT SERVICES, INC. aOBERT MASON, CHIEF FINANCIAL OFFICER n6~;q~ddend~m~O~015808 Clien~ CRy, of Boynton Beach Service Period.' From 10/1/01 to A. Cia]ms A~m;nls~aUon ~.ut~ Liability - Bodily Injury Auto Liability - property Damage Au~ Phy$ica] Damage (APO) Genemt Liabil~ - Bo~ Inju~ (Ga) E~emazfl Liab~T,~- F,mperty Damage WoW, ers' Compensa§o~ (WC) Me~,:~ Onty Standard Paclc~ge NOr:-~a~dau~ Repons ri=.,~acs.com TerminaLs & Printers Data Transfer Other:. I 0/1/02 x SC~-IEDULE V SE -,_CES AND FEES GB GIient~f: 001470 TOTAL $ 42,030. ADDITIONAL SERVICE TERMS AND CONDmONS: Client will be billed against the initial claim handling deposit of $1 $,435 at the following per claim rotes: Auto/General Liability Bed~y injury ~ ~:~51 I:~T claim At,,to/General Uablllty Property Damage I~ ~332 per claim Property ~ $5:~1- per claim BILLING AND PAYMENT TERMS: Fee is payable in I annual installment beginning 10/I/01. Fees are payable upon receipt of invoice. GB reserves the dght to charge 1% per mont~, or the max~num {e. gal ~a~, on balances unpaid after 30 days. Gallagher Bassett Services, Inc. Tax i.D. 36-3365500 BILL TO: COO 1470000 CITY OF BOYNTON BEACH 100 E. BOYNTON BgAcH'~SLVD BOYNTON BEACH. FL 33425-0310 CLIENT: NUMBER TYPE INV-00033430 INSTALL DATE PAGE 10/26/2001 l P.O./R-E~FERENCE CONTRACT NO. ' .... .001470Q9102 [NS~.~LLMEN 10/ 1/2001-9/30/20(Y~ COO 1470000 CITY OF BOYNTON BEACH ATTN: CHUCK MAGAZINE Contract Period: I 0/ffl/2001 - 10 01/2002 DESCRIPTION Contracted Service Fees AMOUNT 42.0~0.0 For any questions regarding your account or this invoice please contact: NANCY COUNTRYMAN 954/846-1331 GALLAGHER BASSETT SERVICES, INC. 1551 SAWGRASS CORP. PARKWAY SUITE 220 SUNRISE. FL 33323 INVOICE TOTAL Plense Remit To: GALLAGHER BASSETT SERVICES, INC. ACCOUNTING DEPARTMENT 5TH FLR TWO PIERCE PLACE ITASCA. IL 60143-3141 Direct Electronic Payments To: BANK OF AMERICA, CHICAGO. IL ACCOUNT NO. 8188101083 ABA NO. 0710 000 39 ORIGINATOR: CITY OF BOYNTON BEACH PAYMENT DETAIL: INV-00033430 42.0.~0.0 Original RESOLUTION NO. R 00- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE AWARD OF A BID TO GALLAGHER BASSET SERVICES, [NC. TO PERFORM ADJUSTMENT SERVICBS FOR LLABILITY AND PROPERTY CLAIMS, IN THE AMOUNT OF $46,246; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID CONTRACT; AND PROVIDING AN EFFECTIVE DATE, WI-IEREAS, thei City Commission of the City of Boynton Beach, upon recommendation of stuff, deems it to be in the best interests of the citizens of the City of Boymon Beach to piggyback 0ffthe Contract for Services between City of Riviera Beach and Gallagher Bassett Services, Inc., effective 10/01/2000 through 10/01/2001 to perform adjustment services for liability and property claims, in the mount of $46,246. NOW, TlCIEREFORE, BE IT RESOL?VED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boymon Beach, Florida, hereby approves the piggyback off Contract for Services between City of Riviera Beach and Gallagher Bassett Services, Inc. effective 10/01/2000 through 10/01/2001, and authorizing the Mayor and City Clerk to execute a Contract between the parties, a copy of which ia at~ached hereto as Exhibit "A". Section 2. That this Resolution shall become effective mediately. PASSED AND ADOPTED THIS ~ day of November, 2000. FLORIDA ATTEST: ~¢~ 9 ,,,,,,?,~,.,,,,,,, (Corporate Seal~a ~ o~,%~q- ~ Commi~igner ~ GALLAGHER BASSETT SERVICES, INC. CONTRACT FOR SERVICES PARTIES City of Boynton Beach (hereinafter "CLIENT") hereby retains Gallagher Bassett Services, Inc. (hereinafter ~GB") to perform '(he services listed on Schedule V. TERM This contract shall be in effect from ~10/1/00 to 10/1/01 and shall remain in full force and effect unless amended or terminated. If CLIENT elects to continue this Agreement beyond 10/1/01. GB will renew the contract by Addendum on an annual basis. ATrACHMENTS Attached hereto and made a part hereof are the following schedules: I. OBLIGATIONS OF THE PARTIES II. BANKING III. TERMS AND CONDITIONS IV. DEFINITIONS V. SERVICES AND FEES CITY OF BOYNTON BEACH GALLAGHER BASSE'I-I' SERVICES, INC. Date: Date: ROBERT MASON CHIEF FINANCIAL OFFICER // ADDRESS: P.O. Box 310 100 E. Boynton Beach Blvd. Boynton Beach, FL 33425-0310 ADDRESS: Two Pierce Place Itasc~,, IL 60143-3141 06~cql~)ynton Beach. City of-001470.doc -2- SCHEDULE I OBLIGATIONS OF THE PARTIES Obli.qations of GB GB agrees to perform the following services: 1. With regard to Claims Administratior~, GB shall: a. Review each claim and toss report submitted by the CLIENT during the term of this contract. b. Conduct an investigation of,each quatified claim or Io~,t0~heextent Agemed necessary by GB. c. Maintain a file for each qualified claim or loss whichshall be available for review by theCLIENT. d. Adjust. settle or resist all qualified Claims or losses: 1) within the stated discretionary settlement auth0dty limit; 2) with specific approval Of the CLIENT. if outside the stated authod~ limit. e. Perform necessarY and customarY administrative and clerical work in conne(;tion with each qualified claim or 10ss, including.the preparation of checks or vouchers, releases, agreements and other documents needed to finalfze a claim. f. Establish and update claim' needed. g. Assist the CLIENT in establishing a banking arrangement for loss and expense payments as set forth in Schedule II. h, Notify CLIENT, CLIENT's agent or carriers, as designated by the CLIENT, of all qualified claims or losses Which may exceed the CLIENT's retention and, if requested, provide information on the status of those claims or losses. i. Coordinate investigations on litigated claims with attorneys representing the CLIENT and with representatives of the excesscarrier, as required. It is expressly understood that all legal costs and loss payments will be charged to the CLIENT. j. Have GB's internal Product Support staff review large end unusual claims at no a~ditional cost to the CLIENT, unless spec;~ed in Schedule V, k. Investigate and pursue subrogation possibilities on behalf of the CLIENT in all states permitting subrogation. Funds received from all subrogation collections shall be considered revenue of the CLIENT! I. Maintain an automated loss end information system, and provide the CLIENT with reports from RISX-FACSe as set forth in Schedule V. rn. Provide forms, as determined by GB, needed to administer the CLIENT's program. n. Provide additional ad hoc information, analysis, reports and sen~ices on a time and expense basis. 06~cql~Boynton Beach. City of- 001470.doc o. Assist the CLIENT in selecting appropriate eXperts or specialists as the claims may require. p. Provide personnel needed to perform the services agreed to herein. 2. With respect to Self-lnsura0ce Qualification, GB shall assist the CLIENT in the filing of periodic repot'Is and renewal ~ppticat~on~ required by. state administrative agencies. All fees and assessments connection with such ~re the obligation Of the CLIENT. 3. With ~gard to Risk Control Consulting and Appraisals GB shall providethe services set i:orth in Schedule V. 4. Provide other services as set forth in Schedule V. B. Obligations of CLIENT CLIEN~ shall pay GB for s,arvices the annual sum set forth in Schedule V, as agreed to under the "Bili'ihg ~Od I~a~ment Terms section. At ~e ~nd of each contract pedod, the annUal'compensation shall be s~Jl~jact to adjustment. Z4th, 36th and 48th month. CLIENT shall a result of these audits as speCified under the Billing and Payment C~.IENT sha provide funds'for the payment of qualified claims or losses, allocated loss expenses, and ~,~,".nlaged Care fee~, if appiicable. GB shall not be required to advance funds to pay losses, a~t~ I?SS expenses b~nk charges, or Managed Care fees; eserves the right to'charge 1% per month, or the SCHEDULE II BANKING - VOUCHER GB agreesitq;aSsist the CLIENT n setting up a voucher system for loss and expense paymentS. CLIEN'P shall at all times be responsible for the payment of qualified claims or losses and of allocated loss expenses. ~o!~ tfiis pprPose alloca, ted loss expe~nses:shall mean all costs, charges or expenses of third parties incurred: .b~.~B~ ts agents, or its ~pl~yees whi~ ar~ properly cha~geableto a qua fled claim or loss including without i i~it~fiOn C~ur~~cOs,~, :fe~s, ~hd e~$es~ of attorneys, independent investigators, experts and witnessas, fees for obtaining diagrams,~ reports, id°CUments, photographs, surveillance and appraisals. CLIENT will establish procedures to make timely payments of loss and expense vouchers submitted by GB during the course of its claims management program. it is express~ understood that Ga shall not be required to advance its own funds to pay Io~s.es, a.nd .G.B s..h. all have aatho~ to COmmit the CLIENT, s funds up to the d~scretionary payment limit set forth in GB shall be;held harmless and indemnified by CLIENT from any failure of CLIENT to make payments within agreed to o~: statutory time frames. 06~qt~BoyntonBeact~.Cityof-001470.doc SCHEDULE III TERMS AND CONDITION'~ A. Dfscretionary Settlement Authorib/ - The imit 0n any' settlement payment t~y GB snail be a~ set forth in SChed[~[e V. ,it isagreed that-GB shall ~a~e'fl~ll ~ut~Odb] !~ ~l~a~.E_~~ p~ftajn~g't0~he I~ayment, processing investigation and administration 0f qdalifi~d ~1~ ~s~0~:i~ Wi~in:{hiS' ii~ ~. ~aiJi~r~ ~f '~B to settle a quaiifie~l claim o~ loss within such limit shal not Subject GB tO a~! ity [o any pa~'y in ~e e~ent Of, an adverse judgment entered' by ah~:c~ur~o{~the ~ttl~m~h~ ~3{ st~Cfi ~laih~0~ 1~3~s f(~i~ ah ~m~nt in ~xCe~s .of ehc~ li~. Terms of Cancellation or Nonrenewal - Eithe~ p~ shall;have ~e ri~t ~O ~ ~{ mn~t ~ the conffa~ after ea~ contract period by giv ng ~he oth~ ~ ~t ff~ hO~i~ ~t i~t~ {6 ~ ,~ ~:e~te at east six~ (60) da~ in advance. If tim~y noti~ of ~n~l~afi~,i~ ~n, ~is:~t~[~~ ~fion ~ GB Do ~ of the contract the all files to the program or PractE~e~of ~ - GB will not pedorm any se~icss which may const~ the, unauthorized practice of law. , save and keep harmless CLIENT from any Omissions of GB. save and keel) harmless GB fz~'n any and'all loss, cost, damage 3' omissions of CLIENT. The foregOng indemnification provisions shall survive termination of this Ag~'eemant. 06~cq l~Boynton Beach, City of- 001470.doc Fo Notices - Any notice required to be given under this contract shall be sent by certified mail to the following in the case of GB: Mr. Robert Mason Chief Financial Officer Gatlagher Bassett Services, Inc. The Gatlagher Centre Two Pierce Place Itasca, IL 60143-3141 and in the case of the CLIENT: Mr. Charles Magazine Risk Manager City of Boyntan Beach P.O. Box 310 100 E. Boynton Beach Blvd. Boynton Beach, FL 33425-0310 Successors/Affiliates - This contract shall be binding upon end shall inure to the benefit of all assigns, transferees and successors in interest of the parties. The services to be provided by GB hereunder may be provided in whole or .in part by any affiliated entity of GB. at the sole discretion of GB. In such event, the terms of this Agreement shall be binding upon end shall inure to the benefits of such affiliated entity. Modification - This contract represents the entire Agreement between the parties and may be modified only in wdting. GB reserves the right to modify fees iff. It is determined that the historical data upon which GB's fees and service charges developed were based upon erroneous, o0solete or insufficient information, or that a change in CLIENT's business will materially change the nature and/or volume of its business or claims as contemplated at the inception of the Agreement. Dudng the term of theAgreement, legislative and/or regulatory requirements materially impact or change the scope of GB's services or responsibilities. Confidentiality of Data - All data fumished by the CLIENT, or generated as a result of services performed under this agreement, and other information designated by the CLIENTin writing, shall be treated as confidential. GB reserves the right to use statistical information or other data, so long as the CLIENT's name and/or confidential data are adequately ~otestad. Status - It is understood that GB is engaged to pedorm services under thts contract as an independent contractor and not as an agent of the CLIENT. This contract shall be governed by the laws of the State of Florida. Managed Care - If GB ~)rovides Managed Care services as part of the CLIENT's program, either directly or indirectly through anr independent contractor, CLIENT agrees that GB may be entitled to an additional fee in connection with the Managed Care services (all or pat of which may be paid to GB by the independent contractor) and to comply with the procedures for utilizing any such Managed Care sarvmes. Any such additional fee will be in exchange for bona fide administrative sen4ces provided by GB in connection with the O6~cq l~Boynto~ Beach. City of- 001470.cloc -6- Managed Care services. If GB provides CLIENT access to the First Health Preferred Provider Organization, CL! ENT agrees to comply with the procedures for utilizing the FirSt Health PPO Program. Reporting - GB w I not assume that other coverage (unknown to GB) extsts for a qualified claim or loss. GS shall not be responsible for reporting to carriers on a type of claim or loss not managed by GB Fines and Penalties - GB shall not be responsible fbi* any~fines or penalties assessed by any governmental agency because of theacts or omissions of the ~L[E~,~by:p~ev_i(~ or su~cces~r'c~aim adminiStmtcrs. GB st~all not be~'esponsib e for any fines Or Pena ties assesA~d~-as~- ,r, a re~ u [:p~.~e ay~ed Sub~nissions of first repOrts of injury due to 'neccurate or 'mproper y reported 'nform~'~h'~:0~vided by me CL E~T~ Solicitation of Employees - CLIENT agrees that, during t thereafter, CLIENT shall not, without the consent of G~, the term of this Agreement, has performed, or; ~onti'ib~t~ further aol~n~wledges that the :~tarn~g~ s,~ff~red bY'~J sign[fibant, but n~t sus~pfible of.easy Calc~d~tio~.. ~ obiig~ti~on ~C~IEN~ ag~e~ [o pay GB'.~p arn0u~ ~ ann~raliz~ed salary at~0unt at GE; as o~f fl~e ~late of b~ac term of;this Agreement and for a two-year period ci~ to hire.~ or hire anYiemployee of GB who, during the Pei~3~, ~an~e (~f~ Se~ices hereunder. CLIENT s~ [es~!t~of a bl;each~ of this obligation ~yould be c[[~a~ !~ ~he e~t o~f a b~e~ach of t, he aforesaid ~!~U~ ifi~ p~e~t (~%) 0f Such'emptoy~eis Risk Control Consulting - With respect to any dsk control consulting services, including any form of inspection service pr~3v dedl byGB to CLIENT: Such services shall be in the nature of advisory to the CLIENT only and shall not be construed as imposing upon GB any duty to implement any recommeqdation made by GB or to otherwLse ensure~at any premises, equipment or other subject matter Of a GB COnsulting service is safe or free from or defects; Such services shall be solely for the benefit of CLIENT and shall not be construed as creating any duty to, Or conferring any right to, any third party, including Without [imitation, any duty to warn any third party or the public at large; CLIENT shall make no communication to any third party concerning the role or nature of GB's services without the prior consent of GB. If GB fails to complete the contracted Risk Control Consulting Services during the term of this Agreement due to the CLIENT's failure to cooperate with GB's service delivery objectives, then GB will have an additional six (6) months in which to complete the contracted services. If the CLIENT fails to cooperate with GB's service delivery objectives during such six (6) month period, then GB's obligation to complete the contracted services will be deemed to be fulfilled and CLIENT shall not be entitled to any refund for services not provided, fffor any reason other than CLIENT's.lack of cooperation, GB fails to complete the contracted services during the term of the Agreement, then CLIENT, at its discretion, may either receive a refund for that portion of the contracted services which were not completed or may extend the time for completion of the contracted services by a period of six (6) months. Records Retention - GB will retain claim files for 24 months following date of closure. Thereafter, files will be returned to the CLIENT or forwarded to such location as may be designated by the CLIENT for continued storage. GB wilt retain hard-copy checks for 24 months following the date of bank clearance. Thereafter, copies Of checks will be maintained on microfiche. Subrogation - To the extent GB is involved in pursuing recoveries against third par~ or otherwise undertaking subrogation activities on behalf of CLIENT, GB is authorized to collect, in the name of the CLIENT or in the name ~fGB, all funds due as a result of such recovery or subrogation activities. GB shall not be required to establish ahy trust abcounts for the benefit Of CLIENT, bUt shall promptly and fully account for all funds so received. 06~q l~30ynton Beach. City of - 001470.cloc .7- Ro Taxes - CLIENT shall be responsible for payment of ail ~p~plicabte sales, use, ad valorem and excise taxes; ~;and assessments relating to the;services ~revide~ h~reunder. CLIENT shall hold GB harmless from all claims and liability adsing from CLIENT's failure .to pay such taxes. Non-U.S~ Dollar Transaction - In the event that GB hand es any non-U.S. Dollar claims~ CLIENT shall be responsible for any rate fluctuations. SCHEDULE IV DEFINITIONS Claim - Any report of an accident (first or third party) alleging or resulting in injury, damage, or lass which could give rise to a demand faf the payment Of money. The claim charge is applicable on a per occurrence; per claimant, per line of coverage basis as defined in the RISXLFAcS® system. - Discretionary Settlement Authority - GB is authorized to make payment, for loss or expense, up to this amount, as GB deems necessary. Qualified Claim or Loss - GB will investigate and adjust any loss or claim occurring within the service te~'m, provided the loss or claim type is identified in Schedule V. Allocated Expenses - Shal be the responsibility of the CLIENT and shall include, but not be limited to: · legal fees · professional photographs · ~nedical record · experts' rehabilita~oh costs · accident recons~cfion · architects, contractors · engineers · police, fi~e, coroner, weather, or other such reports · property damage appraisals · e.xt~Ordin~ry coStS for witness statements · offl~i~tdOCUmentsand transcripts · sub rosainvestigations · medical examinations · extraordinary travel made at CLIENT's request · court reporters · fees for service of process · pre- and post-judgment interest paid · chemists · collection costs payable to third parties on subrogation · any other similar cost, fee or expense reasonably chargeable to the investigation, negotiation~ settlement or defense of a claim or loss which must have the explicit pdor approval of the CLIENT · Managed Care Managed Care - Managed Care services shall include, but not be limited to: · preferred provider.organization networks · state fee .s~/~llog . · usual, ~and reasonable bill review · medical case marmgement and vocational rehabilitation 'netWork · utilization review services · I ght duty and return to work programs · p~ospec~ive injury management se{'v cas · hospital bill audit services · wholesale pharmaceutical netWork · retail pharmaceutical netWork -8- lent: City of Boynton Beach ..an/ice Period: From 10/1/00 to 10/1/01 SCHEDULE V SERVICES AND_FEES GB Client #: 001470 SERVICES PROVIDED: Incl SERVICES PROVIDED: Ind A, Claims Administration C. Loss Funding Auto Liability - Bodily injury (AB) X SIMMS Auto Liability - Property Damage (AD) X Voucher X Auto Physical Damage (APD) Client Owned Banking GeneraH.!ability-'Bodily Inju~y-(GB) X r D' Sdppfeme~tal General~Ltability ~ pro~geHy Damage (GD) X Products Uability Topical '~aptione~ Rp~ Rpt. Level $50.0~0 X Professional Liability Meetings ~ ~: . x Property X Settlement Authority $10.000' X Workem' Compensation 0NC) Index Bureau . X Medical Only Coo~l. ina~on , . X Indemnity Set-Ul3/l~m Other:. Inc[deht~ P~ing ~ ! ~ ' ' Assumptto~ Record O~ly Processing 3. InfOmlation Services Update Appraisals RISX-FACS~ Risk Inspections Standard Package X GBIGCR Mgd. ~re (Paid Off File) Non-Standard Reports E. Risk Control Consulting dsxfecs.com Loss Conffol - Houm Terminals & Pdnters Rlsx'C°ntrol C~nsultJng - Hours Other: TOTAL $ 46.246 ADDITIONAL SERVICE TERMS AND CONDITIONS: Client will be billed against the initial claim handling deposit of $30,736 at the following per claim rates: AutolGeneral Liability Bod~y Injury ~ $620 per claim AutO/General Liabirlt~ Property Dama~.~} $316 per claim Property @ $s0 daim BILLING AND PAYMENT TERMS: Fee is payable in 1 annual installment beginning 10/1/01. Fees are payable upon receipt of invoice. GB reserves the dght to charge 1% per month, or the maximum legal rate, on balances unpaid after 30 days. o6~:ll~mtort Beach. City of- 001470.d0C Requested City Commission Meeting Dates [] November 20. 2001 [] December 4.2001 [] December 18. 200] [] January 2. 2002 VI.-CONSENT AGENDA CITY OF BOYNTON BEACH ITEM C.4. AGENDA ITEM REQUEST FOR _ Date Final Form Must be Turned in to City CI6rk?s Office November 7. 2001 (5:00 p.m.) November21, 2001 (5:00 p.m.) December 5. 2001 (5:00 p.m.~ December I9. 2001 (5:00 p.m.) Requested City Commission Meetin~ Dates [] January 15,2002 [] February 5, 2002 [] Februa~ 19. 2002 [] March 5. 2002 Date Final Form Must be Turned in to Ciw Clerk's Office January 3, 2002 iS:fi0 p.m.) January 16, 2002 ~5:00 p.m.) February 6, 2002 (5:00 p.m.) Febraary 20, 2002 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unf'mished Bnsmess [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Motion to. approve and authorize the Mayor to sign a Sanitary Sewer Easement Agreement with BEL-EQR I Limited Partnership, for an easement over a sanitary sewer line that connects The Belmont at Boynton Beach to the City's sanitary sewer system. EXPLANATION: The Belmont at Boynton Beach, an apartment project located on Knuth Road between Boynton Beach Blvd. and Woolbright Road, required a sanitary sewer easement across the adjacent parcel owned by BEL- EQR I Limited Partnership in order to facilitate connection to the City's sewer system. PROGRAM IMPACT: None FISCAL IMPACT: None ALTERNATIVES: None. The City requires this easement in order to operate and maintain the interconnecting sewer line. Departm6fit HeaCd~ s Signatur; ~ Cit~ Mana~,er s S~gnamre UTILITIES Department Name /~. City Attorney / Finance / Human Resources Peter Mazzella (w/copy of attachment) City Clerk File S :~BULLETFN~FORMS~GENDA ITEM REQUEST FORM.DOC RESOL:UTi:ON: NO:~ R01- A KESOLUTION OF THE CITY COIVIiV[ISSION OF THE ;~ cITy OF BO'FNTON BEACH, FLORIDA, AUTHORIZING !:~ THE MAYOR AND CITY CLERK TO EXECUTE AN PROVIDING ANEFFECTIVE DATE: WHEREAS, The Belmont at Boynton Beach, an apartment project located on Knuth Road between Boymon Beach Blvd., and Woolbrig)~ t .Road, required a sanitary sewer easement across the -adjacem parcel owned by BEL-EQR I: Limited Partnership in order m facilitate connection to the City's sewer system; and WHEREAS, the City Comrmssion upon recommendation of staff, deems it ~ewer Easement Agreement between the City of Boymon and BEL-EQR I Limited Partnership, attached hereto as Exhibit "A"; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boymon Beach, Florida does authorize and direct the Mayor and City Clerk to execute a Sanitary Sewer Easement Agreement between the City of Boynton Beach and BEL-EQR I Limited Parmership, said Agreement being attached hereto as Exhibit "A". ~ection 2. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of November, 2001. CITY OF BOYNTON BEACH, FLORDA Mayor Vice Mayor Commissioner Commissmner ~TTEST: Commissioner City Clerk (Corporate Seal) R-esoka~gr~BEL-EQR Sanita~'Sewer Eas~reent Agreermnt FOR OFFICIAL USE ONLY SANITARY SEWER EASEMENT AGREEMENT Sewer Easement. Agreement (this "Agreement') is entered into this (~ay This Sanitary . . .... ,,, February, 2001 between BEL-EQR I L~ITED PARTNERSHIP, an Ilhno~s iim~ted partnership ( Grantor ), with offices at c/o Equit~ Resident a Properties Trust, Two North Riverside Plaza, Suite 400. Chicago, Illinois 60606, and CITY OF BOYNTON' BEACH; a municipal corporal On ("Grantee")W th principal offices at 124 East Woolbdght Road, Boynton Beach, Florida 33435. KNOW ALL MEN BY THESE PRESENTS that for and n cons deration of the sum of Ten Dollars $10 O0 and other good and valuable consideraton, the receipt and sufficiency Of whibh ~re hereby ( , · ! ............. ;..~ .... ';,,s to Grantee its successors and ass gns,. upon and sa~jne°c'~ t~¢ t~eedter,~,~¢n~ ~(~rned[~tYogn';'~;~hi~'~g,"r~'n';nt, a 12' wide non'exclusive permanent sa~tary sewer easement (the Sanitary Sewer Ease,,m, ent') over Grentor's property legally deSCribed On:Exhibit A attached here(o (Grantor's PropertY~) for the conStruction },n, sta afi~n, operation, m~intenance, replacement, nspection and remo;val of a sanitary sewer ne (the seWer Line ) which easement area is legally described on Exhibit E attached hereto and physicall~ identified on a survey attache~l hereto as Exhil~it B-I, prepared by Shah Drotos & A~seciata~ ~d d~ted March 31, 2000. The Sanitary Sewer Easement area ~ha be limitad so ely to those portion~, of Grarito¢~-Prdpe,'rt~ :~s ~pec[ficaily :marked on Exhibit B-t. The construction, ins~atation maintenance repla~en~ent, in~PectOh, impr(~v'ement and removal of ~he: Sanitary Sewer Easement pursuant to the'terms of this A~r~ment shall be! referred to herein as the ~Work". Subject to the terms and conditions below, the Sanitary Sewer Easement shall include the reasonable right of ingress and egress over, across and upon Grantor's Property for the purpose of performing the Work. The Sanitary Sewer Easement is granted and accepted upon the following terms and conditions: 1 The Sanitary Sewer Easement is granted soey in the area described and outlined in Exhibit B~ attached hereto and Grantor, wthout imitation, explicitly reserves the right to approve, any and all future expansion for connection to the Sanitary Sewer Easement area nstalled ~ursuant to this Agreement. 2. To the extent permitted by ~aw, both part es hereby expressly agree to protect, :defend, hold mless and ndemnifv each other, their respective employees, a~2en~s and invitees, from and against any hah, ..... ,.~¢~ In~.,~ n a ms for death o¢ or injury t~ person or persons or damage to pr. opedy, .or andy ano a~t exp~.~o, , ...... _ _ _ . .... ~ ~-~,~;,-,,~ ~:~,,r,=,~ ',r~.~onable attorney s fees ana cour[ other acton of any kind or nature (InclualBg, wl~nou~ ~hH,~uy,, ,,_,~-~, ,--~--- .., .,_.: .:_.,_ .,.,4=,* this costs) which may arise out of in connection with, by reason'Of, or in entorcemem or, ~H~ 'UH'~ Agreement. G:~EC-C-C-C-C-G~R~BANYANEASEMENT-DOC 3. Grantor reserves to itself, its successors and assigns the further right, without m tation, to use the Sanitary Sewer EAsement area or grant rights to dthers fir such purposes as Grantor may deem necessary, convenient or desirable; provided, however, that such use or rights will be consistent with the purposes of this grant of easement aha provided further that Grantee's facilities installed pursuant to this Agreement shall not be unreasonably interfered with by such uses or nghts. 4. Grantee. heqeby ~xpressly agrees to exercise the highest degree of care n order to ave d any damage to or irftarfereoce wth Gra?to['s Property and expressly agrees that immediatey upon Completion of any work by Grantee in the' ,S_an tary Sewer Easement area and in the event of any such damage ;or int~rf(.;rence, Grantee at Grant.,e_e s .so e cost and expense shall promptly (a) repair or restore or cause tb baVe'n~paired .o(re§(6rad'Grantor s Prbperty to the grade and cond tion ( ncludieg, without m ration any iandScapi~g; WalkWCys, pa¢l(i~g and paving displaced by any construot on, nsta lation or maintenance performed by (~antee 0~: d~r:naged n any other manner), existing immediately prior to such damage or (b) rectify any such interferer;/ce, as the case may be. granted on the condition that in the even[ Grantee Sewer Easement area (including but not limited to the grits herein granted Grantee with respect to such portion shall be of no further force and effect; provided, ght to remove within thirty (30) days any or all of its perform the Required Restoration. (a) chose to retain ownership of the ~ which shall become the property of Grantor, or (b) its property all at the expense of Grantee, with 6. The easement herein gra~ted is specifically condit oned upon the representation by Grantee that, as a mudi~patr,derp6rat on cre~ted pursuant to the taws of the State of Florida, Grantee s a self-insurer. ~ 7. Under no circumstances will Grantor be required or be caused to pay any fees, costs or expenses in any way related to;the'Work or in any way related to the on-going maintenance or repair of the improvements ~ithin the Sanite~ Sewer Easement area ( nc uding the Sewer Line). G:~-EGAL~ART~BANYAN EAS EM ENT.B O0 2 tN WITNESS WHEREOF Grantor has hereunto affixed its I~and and seal on the day and year first above written. GRANTOR: BEL:E~QR I EIMITED p~i~SHIP; a~ r~)Js ~n~ted pa~thbJ-ship" ' · B~(:' ,'Equity Residential Properties T?ust, : ': ~ :A'MA~and~e~ est~tei~vestmenttrust, GRANTEE: CITY OF BOYN'r~.N ~EACH a municipal C°rpomti~ Name: Title; G:\L EGALg~.R~BANYAN SAS EMENT. DOC 3 STATE OF ILLINOIS COUNTY OF COOK ) ) SS ~. ~J"~-t~6~ c~.~r'6~a Notar~ Public in and for the County and State aforesaid, co hereby,certif'Y ~.~at i~_ :¢"?¢¢~1~c~L~_' ~peared before me this dC.,y and d d'sa.y that she s the ~_ ~C~¢'-'P%¢,~,~: of~,~J~cJP...l~ ~r~,a' . ~ ~¢,~ Cc,;cr-~C~% who is per~n~lJy known to m~0 b~ the same perso~ wh'~~ foregoing nstrument as such offer and acknowledged that she signed and delivered the s~d ins~ument as the free and voiunta~ act of said ~rporat~n for the uses and purposes therein ~t fodh. Given my hand and,notarial seal this ~day, of~, 20o~1. (SEAL) Notary'PUblic My Commission Expires: STATE OF FLORIDA ) ) SS COUNTY OF ) , a Notary Public in and for the County and State aforesaid, do hereby certify that , appeared before me this day and did say that he is the of a corporation, who is personally known to me to be the same person whose name is subscribed to the foregoing instrumen[ as such officer and acknowledged that he signed and delivered the said instrument as the free and voluntary act of said corporation for the uses and purposes therein set forth. Given my hand and notarial seal this cay of ,2001. (SEAL) My Commission Expires: Notary Public EX~II~IT A LEGAL DESCRIPTION and known as of said Section a point of 595.1,1 feet,: in Plat BC°k 48, page569, PabHc Reeords of Pzam ~eaela ~ ,,~.: :.: ... ,;.: .,. distance as recorded LAND DESCRIPTION THE BELMONT 12' SANITARY EASEMENT (OFFSITE) A portion of STONEHAVEN-PLAT NO. 2, according to the plat thereof, as recorded in Plat Book 48, Pages 69 through 71 of the-Pub i'c Records of Palm Beach County, Florida, and being a 12.00 foot wide strip of land lying 6.00 feet on each side of the following described centerline: COMMENCING at the southwest comer of the Southeast one-quarter (SE1/4) of Section 30, ToWnship 45 South, Range 42 East, Palm Beach CountY, Florida; THENCE North 01 °10'26" East, along the North-SOuth quarter section line, 40.00 feet; THENCE North 90°00'00" East, 65.00 feet to the east right-of-way line of Knuth Road, as described:in Official Records Book 7324, Page 1159 of said Public Records; THENCE North 01 °10'26" East, along said east right-of-way line, 2403.32 feat; THENCE North 88°49'34,, East, 322.40 feet to the west boundary line of said STONEHAVEN-PLAT NO. 2 and the POINT OF BEGINNING of said centedine; THENCE North 5 ° ' " centerline. 1 0928 East, 99.42 feet to the POINT OF TERMINATION of said Said lands lying in the City of Boynton Beach, Palm Beach County, Florida. Land Description Prepared By: SHAH, DROTOS & ASSOCIATES 1885 W. Commercial Blvd., Suite 190 Fort Lauderdale, Florida 33309 Prepared by: MDR Checked by: MDR Pro.lect No.: 98-0399 March 31, 2000 Sheet 1 of 2 Sheets CITY ' 2' SAN -ARY EASEMENT PORTION OF STCNEBAVEN-sLAT NO 2 PLAT B30K 48. ~a,GES 69.70 ~,ND -~. PBCR OF BO rNTON BEACH. PALM BEACH COUNT. FLORIDA THE BELMONT SCALE 1"=50' EXISTING ~AVEMENT PO NT OF .TERM NATIQN / EXIST M.Id ~ RIM EL. l C 45 ~. ~tNV.(S)5,30 /' ~9 ~BE~ ,,N,,NO .-WEST STON EHAVEN- P~T NC TES: 1 THIS S NOT A BOUNDARY SURVEY 2. _ANDS SHOWN HEREON WERE NOT ABSTRACTED FOR o SHTS-OF-WAY, EASEMENTS, OWNERSHIP, OR }THER NSTRUMENTS OF RECORD. 5. BEARINGS SHOWN HEREON ARE RELATIVE TO THE DE~- ]RIPTION PER ~ ~RRAN]~¢ DFED RECORDED iN ORB 7484. PO 99C PALM BEACH COUNTY RECORDS AND ARE BASED ON THE NORTH-SOUTH QUART_ER SECTION LINE OF SEC 50-T45S-R45E. SAID LINE BEARS ~ORTH 01'04'28' EAST. 4. UNLESS '- BEARS THE SIGNATURE AND THE 3RI6 NAL RAISED SE~L OF A :LORIDA UCENSED SURVEYOR AND MAPPER. THIS MAP IS FOR NFORMATIONAL PU~°OSES ONLY AND IS NOT VALID EAST RIGHT-OF-wAh LINE ¢KNUTH ROAD (ORB 7524, PG 1159. PBCR) / 2405.52' 65.00'W~40.00' COMMENCEMENT S 1 /A CORNER SEC 30-45-43 FOR THE FIRM BY: NORTH-SOUTH ~. / QL ARTER DRCFESSiONAL SLRVE¥OR AND 'dAPPER FLORIDA REG STDA~ION %~0. 5998 PROJECT NO: 9E-0399 SHEET 2 OF 2 SHEETS :ILE NAME:X%CAD%SURVET~O599A.OO%SKETCNES~O399W--S'DWG ~ -- -- . ----I ~ - ~_-~---..~_ _ SHAll ~.~.,~ ~,,o.~.,.0 ., ~,. ~ ~ AS 50CIAT Es . 4 6 ET FICATE OF AUTHORIZATION NO LB 6 5 _ ~ W. Commerciol Bird · Suite 190 · Fl, Loude~ole, Fl. 33309 SK~CH OF DESCRIPTION MDR 03/3~/00 PH: 954-776-7604 · FAX: 954-776 7608 MEMORANDUM UTILITIES DEPARTMENT NO. 01 - 267 TO: FROM: DATE: SUBJECT: Jim. of, City Attorney Peter Mazzella, Asst. to the Director of Utilities November 2, 2001 Sanitary Sewer Easement Agreement The attached original Agreement and accompanying agenda item request form is hereby transmitted to your office for review, approval, and placement on the City Commission agenda. This agreement was reviewed by Nick Igwe several months ago, and has incorporated all of his comments. Since that time, it has been under review by the grantor and their various lenders. I trust that you will agree with Nick's comments and process this document without further delay. Attacbmems PVM Bc: Peter Mazzella (w/copy of attachment) Xc: Bonnie Glinski, City Clerk's office File (Belmont) EQUITY Dii'ect Dial: 212/928-1217 Facsimile: 312t454-1707 E-Maih amason@e~rwonc corn ~ OCT 3 1 2001 October 30, 2001 VIA UPS NEXT DAY AIR Mr. Peter Mazzella City of Boynton Beach Utilities Dept. 124: Ea§t W0olbright'Road BOynton ~Beach, FL 33435 Re:. The"Belm°nt at Bof/nt°n ~¢cch/Banyan Lakes Apts'/Sewer Easernen-t Dear Mr. Mazzella: As .we discussed, enclosed is the originally executed Sanitary Sewer Easement Agreement in connection with the captioned ma~er. Please have the agreement executed on behalf of the City, recorded' and return a copy to me with the recording information indicate~ thereon. Vet'/truly yours, EQUITY RESIDENTIAL PROPERTIES TRUST Art Mason Divisional Legal Representative Property Management Enclosure cc: Susan Wolf (w/enclosure) Steve Johnson (w/enclosure) VL-CONSENT AGENDA ITEM C.5 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested Ci~yConmmssaon Meetin~ D~tes [] November 20. 2001 [] December 4, 200I [] December I8, 2001 [] January 2, 2002 NATURE OF AGENDA ITEM Date F{nal Form Must be Turned Requested City Commiss/on Date F/hal Form Must be Turned in to CiW Clerk's Office Meet/ne Da~ in to City Clerk's Office November 7, 2001 (5:00 p.m.) [] January 15, 2002 January 3, 2002 (5:00 p.m.) November 21, 200I (5:00p.m.) [] Febraa~ 5, 2002 Jauuary l6, 2002 (5:00 p.m.) December 5, 200] (5:00 p.m. ~ [] February 19. 2002 February 6, 2002 (5:00 p.m.) December 19, 2001 (5:00 p.m.) [] March 5, 2002 February 20, 2002 (5:00 p.m4 [] Admin/strative [] Development Plans [] Consent Agenda [] New Bus/ness [] Public Hear/n_g [-- Legal [] Bids [] Unfinished Bus/ness 7.~ [] Announcemem [] Presentation .~- [] City Manager's Report RECOMMENDATION: Recommend approval of resolution releasing the Letter of Cred/t balance of $7,250 for Grove Plaza. EXPLANATION: Please reference the attached Engineering Memorandum, No. 01-201, recommending full and £mal release of the escrow funds. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A Department of Development Department Name ' ci~Manager's Signature City Attor~ff/k*mance / Human Resources S :~B ULLETIIq~ORMS~AGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. RO1- A RESOLUTION OF THE' CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING A RELEASE OF THE UTILITY AND SITE IMPROVEMENT SURETY (LETT~ OF CKE~IT NO 54 T~k~' PLAZA~ I~' ~HE AMO~ OF $7,250; pROVIDING FOR AN EFFECTIVE: DATE. WltEREAS, the project known as Grove Plaza has been completed and the City of and Utility Department are satisfied with the ~ of the work; and NOW rite CITY OF THE CITY COMMISSION OF THAT: Section 1. 'The City Comrmssion of-the City of Boymon Beach, Florida, upon the I lrecommendati0n 0f staff, hereby approves the release of the surety m the amount of $7,500 to Waiter H.*Janke and Alice F ay, owners of Grove Plaza. Section 2. That this Resolution shall b~come effective immediately upon passage. PASSED AND ADOPTED this ~ . day of November, 2001. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Comnussioner Commissioner Clerk DEPARTMENT OF ENGINEERING MEMORANDUM NO. 01-201 TO: FROM: DATE: KEF: RE.- Nancy Byme Assistant Director of Development H. David Kelley, Jr., PE/PSM',~ Civil/Utility Engineer October 5, 2001 Engineering Memorandum #00-108 City Resolution No. R00-109 Engineering Memorandum #01 - 013 Utility and Site Improvement Surety GROVE PLAZA Walter H. Janke and Alice Fay, Owners Pursuant to your Memorandum #DD 01-040 requesting the release of the remaining surety amount of the current letter of credit in place for utility and site improvements, we have reviewed the project for the remainder of the warranty period. For your information, the warranty period commenced with the approval of City Resolution #R00-109 (dated August 1, 2000) and terminated on August I, 2001. The balance of 1s~ United Bank's Letter of Credit No. 77446 is $7,250.00 based on the above noted references. This Department approves the escrow clearance request in the amount of $7,250.00 as their third and final reduction on the escrow funds. If you have any questions regarding this matter, please contact the sender at x6488. HDK:ck XCi Peter Mazzella, Assistant to the Utility Director Dave Kelley, Utility Engineer Laurinda Logan, Civil Engineer Frantz LaFomant, Engineering Inspector File G:LMemo #0I-201 Byme, Nancy Grove Plato.doc Requested CT~ty Commission Meeting Dates [] November 20. 2001 [] December 4. 2001 [] December 18. 2001 [] January 2, 2002 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FOR Date Final Form Must be Turned in to Cit3 Clerk's Office November 7. 2001 (5:00 p.m.} November 2i. 2001 (5:00 p:m.) December 5. 2001 (5:00 p.m./ December 19. 200l (5:00 p.m.) Requested City Commission Meeting Dates [] Januar~ 15. 2002 [] Februal3 5. 2002 [] February 19. 2002 [] March 5. 2002 VI,-CONSENT AGENDA ITEM C.6 Date Final Form Must be Turned in to Cie, Clerk's Office J~nua~ 3, 2002 (5:00 p.m.) January 16, 2002 (5:00 p.m.) February 6. 2002 (5:00 p.m.) February 20. 2002 (5:00 p.m.~ NATURE OF AGENDA ITEM RECOMMENDATION: [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfmished Business [] Armouncement [] Presentation [] City Manager's Report Motion to accept and approve Change Order no. 2 (Final) from CDM Engineers & Constructors (CDM E&C) for the project Downtown Regional Stormwater Facility - Basin 1; and authorize payment of 50% of the contract savings in the amount of $24,271.50. EXPLANATION: The contract with CDM E&C has a base amount of $4,950.000, and a contingency of $247,500. $113,011 of the contingency amount had previously been approved by the City Commission as Change Order no. 1 for the construction of additional boardwalk. The contractor is requesting this second and f'mal change order in the amount of $85,946 for additional work performed due to differing site conditions and requests by City staff for project enhancements during the construction of the facility, thereby increasing the total contract amount due the contractor to $5,148,957. The remaining unspent portion of the contract amount (i.e. $48,543), will be divided between the contractor and the City as stipulated in the original contract, yielding an additional payment of $24,272 to the contractor. The additional work and costs are detailed on the attachment. PROGRAM IMPACT: The requested actions will allow staff to closeout this project upon receipt of all required releases, warranties, and other documentation. S:\BULLETiN~FORMS~AGENDA ITEM REQUEST FORM, DOC CITY OF BOYNTON BE CH AGENDA REQUEST FORM F-ISCA~.IMPACT: The final contract cost is within the allocated amount of $5,197,500 ($4,950,000 + 247,500). $24,271.50,of this amount is to be retained by the 5ity as savings after all payments (incl. uding the contractor's shareofthe savings) have been made. The breakdown of costs is as follows. Original Contract 5;4,950,000 Contingency · 24730g Change Order no. 1 113,0! ! Change Order no. 2 85,946 Net C6nfing~ncy remaining 48;543 - to be split 50/50 between contractor and City Each share = $24,271.50 ALTERNATIVES: Continue price negotiations with the contractor, or proceed to .mediation. Depamnent H~d's Signature r City l~la~ager s Signature UTILITIES Department Name City Affoi~yg/'Tinance / Human Resources Peter Mazzella (w/copy of attachments) Dale Sugerman Barbara Conboy City Attorney Finance Dept. File S:\BULLETIN~FORMS~GENDA ITEM REQUEST FORM.DOC RESOLUTION NO. ROi- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CHANGE ORDER (#2) FROM CDM ENGINEERS & CONSTRUCTORS (CDME&C) FOR THE PROJECT DOWNTOWN REGIONAL STORMWATER FACILITY - BASIN 1; AND AUTHORIZE PAYMENT OF 50% OF THE CONTRACT SAVINGS IN THE AMOUNT OF $24,271.50; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commissmn, upon staffs recommendation, has deemed it appropriate, and in the best interests of the public, to approve Change Order #2 from CDM Engineers & Comm~cmrs (CDMF__~C) for the project Downtown Regional Stormwater Facility - Basin t, and authorize payment of 50% of the contract savings in the mount of $24,271.50; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF rile CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida does hereby authorize and direct the Mayor and City Clerk to approve and execute Change Order (#2) from CDM Engineers & Constructors (CDME&C) for the project Downtown Regional Stormwater Facility - Basin 1, and authorize payment of 50% of the contract savings in the amount of $24,271.50 Section 2. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of November, 2001. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Comrmssioner Commissioner ATTEST: City Clerk CHANGE ORDER Order No.: 02 (Final) Date: November 02. 2001 Agreement Date: March 20, 2000 NAME OF PROJECT; S~9nn water Impr6vements for Downtown Regional'Facility- Basin t CONTRACTOR~ ~ ' ' · ~' ' f GDMEng~neers&Constmctorslnc. OWNERi Cltyo BqyntonBeach, Flor/da Thefollowing changes are herby made to the CONTACT DOCUMENTS: 3/ddifional. w~O~k lar~foma edt . and. a~p~oved ~n the,peffornmnce, of the project. JUSTIFICATION: Per attached schedule of additional work. ORIGNAL CONTRACT PRICE: $4,950,000 plus $247,500 contingency = $5,197,500 Current CONTRACT price adjusted by previous CHANGE ORDER: $5,063,011 plus $134,489 = $5,197,500 CONTRACT PRICE due to this CHANGE ORDER will be (increased) (decreased) by: $85,946 (from contingency) New CONTRACT PRICE inelnding this CHANGE ORDER: $5,148,957 plus $48,543 = $5,197,500. CONTRACT TIME will be (increased) (decreased) by of all work will be July 03, 2001 Requested By: ~,~~~ Authorized By: 105 calendar days. Date for completion gAgM ,'¢/~ //- oZ -c::, / Accepted By: City Attorney Approval (where applicable) DOWNTOWN STORMWATER IMPROVEMENTS - PHASE 1 FINAL RECONCILIATION OF COSTS Added Scope to Original Contract Categor)' Item Itemized CoatSubtOtat Cl[y'$ Initial Comments 8ample PoNs 8.784 OK 8,784 t.805 14040 -4000 70C 7.775 2.200 verify ;n field- pav~mem ~itcheS in wton9 3.752 506 OK 8 912 5.723 3.643 1000 27.486 16 ~11 fence o~tfall line at City pure--on East Boynton Beach Boulevard 17 ~Contoler re~luired by City, not on original pla 73O 730 OK 2.927 2927 2.927 OK 2O 22 Additional Pavamant - Pavex 7.226 7??6 Unanticipated conditions Encountered during construction (Section 3) 162.962 69.971 Additional piping and Ue-in~., C~ & C-5 4.405 In base bid; hvo other tie, Requested Cig Commission Meeting Dates ~ November20.2001 December 4. 200I [] December 18. 2001 [] January 2, 2002 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Dale Final Form Must be Turned hn to City Clerk's Office November 7. 200t (5:00 p.m.) November 21, 2001 (5:00 p.m.) December 5, 2001 (5:00 p.m./ December i9. 2001 (5:00 p.m.j Requested City Commission Meeting Dates [] January 15. 2002 February 5. 2002 [] Februa~ 19. 2002 [] March 5, 2002 VI.-CONSENT AGENDA ITEM C.7 Date Final Form Must be Turned in to City Clerk's Office January 3, 2002 (5:00 p.m./ lanuary I6, 2002 (5:00 p.m.) Febmary 6, 2002 (5:00 p.m Febtua:y 20, 2002 (5:00 p.rad NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Approval of the Addendum to the Appointment Contract for Doug A. Solomon, Technical Services Manager for the Boynton Beach Police Department. EXPLANATION: Mr. Solomon has performed admirably as the Police Department's Technical Services Manager. receiving an "Excellent" rating on his yearly evaluation. As a result he will receive a 4% base wage increase, however, in recognition that his compensation package is below that of a comparable position in the private sector, he is being provided with a $200.00 per month car allowance and a Management Incentive Package with enhanced life insurance and compensatory leave which became effective in 2001 for all Supervisory Management Employees. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: . None. Not Applicable None. Funds are available for this enhancement. Department Head's Signature ~' '~ City Manager's Signature Marshall B, Gage, Chief of Police Department Name S:kB ULLETIN~ORMS~AGENDA ITEM KEQUEST FORM.DOC City Attorney / Finance / Human Resources RESOLUTION NO. RO1- VZ.-CONSENT AGENDA TTEM C.7. A RESOLUTION OF THE CITY COMMISSION OF THE ~z~¥ OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE AN ADDENDUM TO THE APPOINTMENT CONTRACT BETWEEN THE CITY OF BOYNTON BEACH AND DOUG A. SOLOMON; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Manager has recommended that the City enter into an Addendum to the ~,ppointment Contract for Doug A. Solo, mon, Techn cai Services Manager in the Police Department, pursuant to the terms,and conditions~se~ forth in the Addendu m,~attached hereto as Exhibit "A". NOW, THEREFORE, BE Ti' RESOLVED BY'THE CZT~ COMM~[SSZON OF THE CTI'Y OF BOYNTON BEACH, FLORZDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida authorizes the City 4anager to enter into an addendum to the a, ppo!ntment contract with Doug A. Solomon, for the ~sition Of Technical Services Manager. Se~'don 3. This'Resolution shall become effective immediately upon passage PASSED AND ADOPTEDthis day=of November, 2001. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner City Clerk (Corporate Seal) s:ca\Reso\employment matters\ SolomonAd¢ FIRST ADDENDUM TO APPOINTMENT CONTRACT This Addendum dated the day of November, 2001, amends the original Appointment Contract be~ee~ the'~,'Ci~.'0f B0Ynt.~:~¢~:~:~g;~i:~0~°n' T~e~hni~c~ ~en~;en~ Contract shall remain in full force. This Contract Appomtm'ent is mh~nuea as · Recitals, E. (Amended) The, positipn of .T.~.cat. :S~er~.ic,~ ,M~a~, ,age_r, i_s_ ~ ~c~ntractual appointment 'by the City Manager of an individ, uat m a spemauzen neta aha nut Civil-SerCi'ce positi~/' ai/d neither ::~e C~ty'~ 'Civil Service RuleS. and RegUlations nor the ' ; ae a li~c Ue:to Dg~g A. 8olsmo$ ex~t as-e.[.~/~s~ referenced .... ou ~SOt~oa a~ e ~ hereto. By entenng ~t9 ~s~dkl : ;D g .A . CmiLSentice:System:or ~er~mael..P-olm~M~n~ ~ Ual :.:!: t.~ ....... ~:'~ .......... a~,~ ~,IITOMOB~E~ Doug A.-So!,omomshd!~e cpmpensated for use of his personal vehicle for mty !~u~mess m the amount of $200.00 per mon .. ' ~ +=2]L.~;~}X -~-~a ~whi~tY ~ffiisists Of Oflhaneed nm, ~nsuranc~ ~,u. ~ump_.~ato_~ management mu~uu.~ ~-.,~.,,-~.-, .,,-~- ~,, ' "' ----nt Em¢loye~s leave, which became effecttve m 2001 'for ~uperv!so~_vlanag~m~ . P g ~ - .Article t7, (NeW)~APPLiCATiOi~ OF ppM,~17.1.· . Except as, listed,~..:bel°w' in .th°se instances when both the Appointment ~ontra*t .,.a~'~. this Ad,~den~um~ ar~ silent, r_eg~.,d.mg, a em loyment term or cOndition which ~s' apphcahle ~o~gener~ Cty p y. P - ' ' ~ amended fromfime to time, then in Ci of Boynton Beach Pers0nvn~el pqlicy~_a;n~u~.:l.(PPMP), as : . ! . . ~..: .... thTt circumstance the term or cofiditiohj/~6~id0d to general C~ty emptoyees m me t'vm snan a 1 to Doug A. Solom~on The following C.l~,prers of the PPM have .no, application and any PP Y .... . ~ _2~_ ./._~:_ ~.~ ;-~(:.~0~rated as a term or conditidn of employment for term or concnuon ser Iorm tll~t~it o,t~, ~t ' ~ ~?~: ~ ~' '~ 30 Doug A. Solomon: Chapters 5, 6, 9, 10, i1, 12, 13, 19, 20, 24, 2>, zo, z/, . In the event of a conflict betwe/x/the .~pointment Contract and this Addendum, the Addendum shall control. The foregoing promsions represent.the agreement of the panics and become effect on October 1, 2001 subject to ratification by the City Commissaon. Kurt Bressner City Manager Dated: Dated: Doug A. Solomon Technical Services Manager VI.-CONSENT AGENDA ITEM C.8 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission _Meetina Dat~s [] November 20. 2001 [] December 4. 2001 [] December 18, 2001 [] January 2. 2002 Date Final Form Must be Turned i_n to City Clerk'~ Offire November 7, 200I (5:00 p.m.) November 21. 2001 (5:00p.m.j Deceraber 5, 2001 (5:00p.m.) December 19,2001 (5:00p.m.) Requested City Corranission [] January 15. 2002 [] February 5, 2002 ] February 19, 2002 [] March 5, 2002 Date Final Form Must be Turned ~ Clerk's Offic~ January 3, 2002 (5:00 p.m.~ January I6, 2002 (5:00 p.rn~ February 6, 2002 (5:00 February 20, 2002 (5:00 p.m. NATIfRE OF AGENDA ITEM [] Admi/nstranve [] Development Plans [] Consent Agenda [] New Bus/ness [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation c:~ c-~--~ [] City Manager's Report RECOMMENDATION: Approval of agreement between the City of Boynton Beach and the State of Florida i er to provide settlement for Medicaid reimbursement overpayments in the amount of $11 ~576.48 -"O ~-~ _ ~ALX~LANATION: The State of Florida Office of the Attorney General tee ......... ~" trans oft f ' - ~ audit ~uy p~rmrmen an audit af ou~ed~c p ee re~mnursements from the past four years. Their determined that the City of Boyrgon had received Medicaid overpayments in the amount of $9,625.80. Included in that reimbursement request wasO*'~'~'an'~- investigation fee of $1,950.68, for a total $I 1,576.48. PROGRAM IMPACT: The Fire Rescue Department has modified its ALS billing procedures to significantly reduce these types of billing overpayments. A~T~one. hese au, ts are routine F/SCAL LMPACT: The return of $9,625.80 in overpayment fees along with $1,950.68 in Medicaid investigative expenses. The expense of these overpayment reimbrusements will be offset by our ALS transport revenues. Department Name and frequently re~.. ~~erpayment refunds. City Manager's Signarure City Attorn~ / Finance / Human Resources S:~B ULLETINWORMS~AGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. ROi- VI.-CONSENT AGENDA I'TEM C.8. A RESOLUTION OF THE CITY COMMISSION 01~ IH~ CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A LETTER OF AGREEMENT BETWEEN THE CiTY OF BOYNTON BEACH AND THE AGENCY FOR HEALTH CARE .~DMINISTRATION: AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Office of the Attorney General (OAG) commenced an investigation of-the C~ty's medicaid billing to the Agency for Health Care Adrmnistration (AHCA) for the nme period of April 1, 1997 through April 1, 2001; and WHEREAS. the OAG concluded from that investigation that the City billed exclusively at the ALS level; and VOtEREAS. the City and the OAG desire to conclude the aforementioned investigation and to settle and compromise all claims arising out of such investigation; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THI~ CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida does authorize and direct the Mayor and City Clerk to execute a Letter of Agreement City of Boynton Beach and the Agency for Health Care Administration, in full and all claims related to the investigation by the Office of the Attorney for the time period from April 1, 1997, through April 1,2001, in the amount of $11,576.48, a copy of said Agreement being attached hereto as Exhibit "A". Section 2... This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day o£ November, 2001 CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner Clerk ;:Reso~Agr\COBB-AHCA (BBFD) LETTER OF AGREEMENT Entered into this day of ,2001. l'his LETTER OF AGREEMENT is entered into between the City of Boynton Beach. a political subdivision of the State of Florida (hereinafter known as the "City"), and the State of Florida, acting through the Office of the Attorney General (hereinafter known as "OAG") and the Agency for Health Care Administration (hereinafter known as the "AHCA"). The OAG commenced an Investigation of the City's medicaid billing to the AHCA for the time period of April 1, 1997 through April 1, 2001. The OAG concluded that during that period, the City billed exclusively at the ALS level. The City and the OAG desire to eonclude the aforementioned investigation and to settle and compromise all claims arising out of such investigation that were asserted or maintained, could have been asserted or maintained, oi' which in the future could be asserted or maintained by the OAG or the AHCA. In consideration of the premises and mutual promises, agreements and convenants herein, including, but not limited Io, th~ payment of the sum 0fSi 1,576.48, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto stipulate and agree as follows: 1. As used herein the term "Investigation" shall mean the OAG's examination of the City's alleged receipt of MediCaid overpayments for Medicaid claims billed as Advanced Life Support Services when they should have been billed as lower-paying services durfug the period of April 1, 1997 through April 1, 2001. 2. lite term "Parties" used in this letter of Agreement shall collectively refer to the City and the OAG. 3. It is expressly understood and agreed between the Parties that his Letter of Agreement, and the payment and release provided hereunder, are not and shall not be construed to be an admission of liabihty or any acknowledgment of the validity of any of the claims which were or which could have been asserted by the OAG against the City, arising out of the Investigation, which liability or validity is hereby expressly denied by the City. 4. The City, on be half of itself, its successors, assigns, officers, directors, employees, and other representatives, agrees to pay the State of Florida the sum of $11, 576.48. 5. The City agrees to pay the amount provided in paragraph 4 above in one lump-sum payment to the OAG, within 30 days of the date of this Letter of Agreement. Said payment shall be made by either cashier's check, City check or wire transfer, made payable to the Medicaid Trust Fund. If full payment is not made as provided this Letter of Agreement shall be of no further force or effect and neither Party shall have any right hereunder unless the payment date is extended by the OAG at its sole discretion. 6~ Upon full payment to the OAG of the amount provided m paragraph 4 above, the OAGlterebs~ agrees.to ?~lease, acq~t;~and forev~-di~charge the City from any and~ a}l acti0ns,,causes.of~a~fion,..ob!~gafi°ns~ ~ab~ities, .:ellaims, Or demands for compensatory, specie!, pmtive,~ exemp_l~gry.:gr :~reb!e :0.anm. ges,. clatms~, o~ ~e!ie~ or demand whatsoever in law or in equity, Civil, criminal or ~nis~rati~ve~ w~ch v~ere asse~ted or maintained against the City by the OAG or the ACHA ~ any action or proceeding, bas~di~pon, ~sing ou~ ~f,-r~lmedlo or connected wi~.~¢~tl3t~.,o.r indirectly, ~ny of,the<matt~s;o f ~ ~vesfigmion..; the C~ 's fui ~fitlmen~ of its Oblig,St. iOia~ m-td~ the sum provided herein, the Invest~gatton¢ as defined a~bove; shall be con~ud.. the Parties .... - of Agreement c0nstimtes, the entire agreem~t 'between the 9. This Letter Parties with regard to -the subject ~t~r' ¢0nt~e~ herein and all p~r ?g~tiat~ons an~ understandings between .the.Parties -shall;~e ~deemed,.merged. ~ntol ~, ~Letter o~ Agreement. · - 10. No representatives, warranties or inducements have been made by the OAG concerning this Letter of Agreemem other than those.representatives, warranties or covenants contained herein. 11. No waiver, modification or amendment of the temas of this Letter of Agreement shall be valid or binding unless in writing, .signed by the Party to be qharged and then only to the extent set forth in. Such written wa/ver, modification,:or amendment. 12. Any failure by any Party to the Letter of Agreement to insist upon the strict performance by any other Part of any of the provisions contained herein,, shall nol be deemed a waiver of any of the provisions of this Letter of Agreement, and such party, notwithstanding such failure, shall have the right thereafter to insist upon the specific performance of any and all of the provisions of this Letter of Agreement. 13. This Letter of Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Florida, without regard to its conflict of law principles. 14. The Parties acknowledge that this Letter of Agreement is being entered into to avoid the expense and length of further legal proceedings, taking into account the uncertainty and risk inherent m any litigation. 15. This Letter of Agreement, any exhibit or document referenced herein, any action taken to reach, effectuate or further this Letter of Agreement, and the terms set forth herein, shall not be construed as, or used as, an admission by or agamst any of the Parties of any fault, wrongdoing, or liability whatsoever, or as a waiver or limitation of any defenses otherwise available any of the Parties. Entering into or carrying out this Letter of Agreement, or any negotiations or proceedings related thereto, shall not in any ~h;en~t be. consumed as, or deemed to be evidence of, an admission or concession by any of e ~'arues, or to be a waiver of any applicable defense. However, nothing in this lett~} of Agreement. including this paragraph, shall be construed to limit or restrict the City's right to utilize this Letter of Agreement, or payments made hereunder, to assert and maintain the defenses of res judicata, collateral est0pppei~ payment, compromise and settlement, accord and satisfaction, or any legal Or equitable defenses m any pending or future legal or administrative action or proceedings. 16. If any clause, provision, or section of this Letter of Agreement shall, for any reason, be held illegal, invalid or unenforceable, such illegality, invalidity or unenforceability shall not affect any other clause, provision, or section representatives, warranties or inducements of thik letter of Agreement and this Letter of Agreement shall be construed and enforced as if Such illegal, invalid, or unenforceable clause, section or other provision had not been contained herein. IT This Letter of Agreement was executed after arms length negotiations between the Parties and reflects the conclusion of the Parties that 'his Letter of Agreement is in the best interests of all the Parties. 18. Each of the Parties has participated jointly in the drafting of this Letter of Agreement, and therefore the terms of this Settlement Agreement are not intended to be construed against any of the Parties by v/rtue of draftsmanship. CITY OF BOYNTON BEACH OFFICE OF THE ATTORNEY GENERAL DEPARTMENT OF LEGAL AFFAIRS MAYOR Approved as to Form: City Attorney BY: RICHARD DORAN, Deputy Attorney General of the State of Florida · e FAX: [$61) Scott 3. Flint, Assistant Attorney General Office of the ~omey General 200~N~ Lois~Aveniic; ~ ~515 Re: Noveniber 7, 200t Dear Mr. Flint: Please find enclosed two (2) identical drafts of a Letter. of Agreement for your review and comment. Note that thelanguage is close to the same as the Settlement Agreement enclosed with your letter of October 4,2001. As we discussed, the City ofBoynton Beach~wishes m forward payment in the sum of $il,576.48, but would prefer to sign the enclosed document. Because the City can only remit payment upon approval of the City Commission, we have changed the payment terms from 10 days to 30 days from the date of the Letter of Agreement. Kindly [etme know whether the Letter of Agreement is acceptable. If same meets with the approval of the Office of the Attorney General, kindly sign both Letters and the City will place the issue on the agenda for the next meeting of the City Commission and forward payment immediately following the meeting~ If you should have any questions, please do not hesitate to contact me. CC: Kurt Breaner, City Manager Chief J. Ness, Deputy Fire Chief James A. Cherof, City Attorney End H:\1990\900182.BBXLETTERXAttY Gert Ltrll.07.01.doc Sincerely yours, NANCY P~ KRAMER Assistant City Attorney, City of Boynton Beach America's Gateway to the Gulfstream Requested C~y C omm~ion VI.-CONSENT AGENDA ITEM C.9 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FOI~,~ Date Final Form Must be Turned in to CiW Clerk's Office November 7. 2001 (5:00 p.m.) Noverabex 21,2001 (5:00 p.m.I December 5. 29~1 (5:00 p.m.) Deceml~ 19, 2001 (5:00 p.m.) Date Final Form Must be Turned in to CiW Clefl~'s Office 1anuary 3, 2002 (5:00 p.m.) Jamm~ 16, 2002 (5:00 p.m.) February 6, 2002 (5:00 p.m.) Febnuuy 20, 2002 (5:00 p.m.) NATURE OF AGENDAITEM [] Administrative [] Development Plans ~ Consent Agenda _.~ New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Motion to authorize the Mayor to sign a Revocable License Agreement with Jordan Wrecker Service, Inc. for the use of the public alley behind 905 N. Railroad Avenue. EXPLANATION: Staff has drawn up a revocable License Agreement with Jordan Wrecker Service, Inc. for the use of the public alley behind 905 N. Railroad Avenue. As we understand it, the owner of the property, Mr. Bobby Robinson, wants to fence the property so as to keep vandals out of his wrecker service yard. The alley contains active utility lines, so the Revocable License Agreement stipulates that Mr. Robinson cannot park any vehicles or equipment over the alley portion of the area to be fenced, The sole purpose for allowing this transaction to take place is so Mr, Robinson can fence out the vandals from his property. PROGRAM IMPACT: It is very unusual to have a private property owner enclose a public alley behind a private fence, especially where there are active utility lines running down the alley. However, it seems that this is the only way that the property owner can keep vandals out of his private property. The agreement does allow the City unlimited and unrestricted access to the property (within the fenced area) to inspect, maintain, repair, improve and install utilities. If we have a line break within the covered property, I do not see any problem with the City obtaining the necessary access to that break. CITY OF BOYNTON BEACH AGENDA ~EM~REQUEST FORM FISCAL IMPACT:. The agreement ca s for a one-time $500.00 document preparation charge and then a $1.00 per year license fee. The agreement is for 10 years, with two 10 year renewals. Therefore, the total amount that car ng this property owner to fence in agreement. ALTEI~NAT1VES: Not to allow the granting of the Revocable License Agreement; asking Mr. Robinson to find another way to keep vandals out of his property. '~ ~ Department Head's ~ignature :Cit~anager's Signature Assistant City Manager Department Name City Attorney ! Finance / Human Resources RESOLUTION NO. R01- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF E~OYNTON BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A REVOCABLE LICENSE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH ("CITY") AND JORDAN WRECKER SERVICE, INC., ("LICENSEE") PROVIDING FOR THE USE~OE THE PUBLIC ALLEY BEHIND 905 N. RAILROAD AVENUE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Jordan Wrecker Service, Inc., (Licensee) owns real property ~djacent to a City alley right-of-way; and WHEREAS, the City isthe owner of a certain dedicated road right-of-way md Licensee desires to occupy and use the property within the right-of-way; and WHEREAS, upon the recommendation of staff, the City Commission of the .~ity of Boynton Beach, Florida has deemed it appropriate to enter into an Agreement with Jordan Wrecker Service, Inc., providing for Licensee to use the ight-of-way, subject to the limitations and conditions contained in that Agreement. 'hich is attached to this Resolution, as Exhibit "A". NOW, THEREFORE, BE IT RESOLVED BY THE CiTY COMMISSION OF HE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida does hereby authorize and direct the Mayor and City Clerk to execute a Revocable License Agreement between the City of Boynton Beach and Jordan Wrecker ~ervice, Inc., said Agreement being attached hereto as Exhibit "A". Section2. This Resolution shall become effective immediately upon 3assage. PASSED AND-ADOPTED thiS day of November, 2001. CITY OF BOYNTON BEACH, FLORIDA Mayor Mice Maydt Commissioner Commissioner ATTEST: Commissioner City Clerk (Corporate Seal) S:Reso~Agr~RevLicAgr-Jordan Wrecker REVOCABLE LICENSE AGREEMENT THIS IS A REVOCABLE LICENSE AGREEMENT ("Agreement") between the CITY OF BOYNTON BEACH, FLORIDA, a municipal corporation (the "City" ), and BOBBY ROBINSON, D/B/A JORDAN WRECKER SERVICE, a Florida corporation (the "Licensee"). WHEREAS, Licensee JORDAN WRECKER SERVCE owns real property adjacent to a City alley right of way; and WHEREAS, the City is presently the owner of a certain dedicated road right-of- way; and WHEREAS, the dedicated right-of-way aforementioned is depicted on the attached Exhibit "A" and WHEREAS, the Licensee desires to occupy and use the property within the right- of-way adjacent to its property; and WHEREAS, the parties have agreed to enter into a Revocable License Agreement with regard to the use of the right-of-way as set out below; NOW, THEREFORE, in consideration of the foregoing and for other good and valuable consideration, the adequacy and sufficiency of which are acknowledged, the parties agree as follows: Recitals. The above recitals are true and are incorporated into this Agreement. 2. Grant of License. City hereby grants to Licensee the revocable right, license and privilege of using the property within the right-of-way depicted on Exhibit "A' (the "property") subject to the limitations and conditions hereinafter set forth. 3. Term_ The term of this License shall commence the day of ,2001, and shall expire ten (I0) years from that date, with the option for two ten (10) year renewals upon agreemem by both parties, unless terminated earlier as hereafter set forth. 4. Compensation. One time document preparation charge of $500.00 payable at signing. An annual license fee ors 1.00 for the term of this license. 5. Access. City shall have unlimited and unrestricted access to the LICENSED PROPERTY during the term of this license to inspect, maintairg repair, improve and install utilities. City shall not be liable for any damage to personal property, fmtures or improvements on the LICENSED PROPERTY. 6. Use of Premises. Licensee shall use and occupy the LICENSED PROPERTY only for a clear buffer and security zone. LICENSED PROPERTY shall not be used for any other purpose by Licensee without the advance written amendment of this Agreement. 7. Limitations on Use. Licensee agrees that it will not: a. permit the LICENSED PROPERTY, without the advance written consent of the city, to be used or occupied by any person, firm, entity or corporation other than Licensee and its agents. b. permit or allow any nuisance or baT-rdous activity, trade or occupation to be permitted or carried on, in or upon the LICENSED PROPERTY. c. keep in or about the LICENSED PROPERTY anything that wig increase the risk of any hazard, fire or catastrophe, and no waste or injury or any kind shall be permitted PROPERTY. d. or committed upon or any damage done to the LICENSED permit the LICENSED PROPERTY to be used or occupied in any manner which violates ahy laws, roles, policies or,regulations of any governmental entity, including City. e. park or store equipmem or vehicles on the licensed portion of the LICENSED PROPERTY. 8. Assignmem: Licensee shall have no authority to assign any of its rights under this Agreement during any term of this Agreement without a written amendment to this Agreement. Should Licensee attempt to assign this license, then the Licensee shall be terminated immediately, without prior notice to Licensee. 9. Damage to Premises, The Licensee shall not, by its use or occupancy, cause damage to the LICENSED PROPERTY. Licensee agrees that all personal property placed upon the LICENSED PROPERTY shall remain the property of Licensee and shall be placed upon the LICENSED PROPERTY at the risk of Licensee. Licensee shall give the City, or its designated agent, prompt written notice by certified mail, return receipt requested, or any occurrence, incident or accident occumng on the LICENSED PROPERTY. 10. (a) of improvements. Permits. The licensee shall be required to obtain a permit for the installation Such permit will be issued after Licensee or its contractor, submits plans to the City and such plans are accepted by the City. (b) The Licensee shall submit plans for the installation of the Improvements to the City at least thirty (30) days before beginning installation work and shalt:no_~ install the Irgproyements untit written appr0yal is obtain'ed from lhe City. (c.) The Licensee shall notify the City xvithin five (5) days at, er installation of the Improvements have been completed. The City may required Licensee to reinstall or ~emove the Improvements' if thee !mprovements d~ not ~.cgmply w/th the approved plans. (d.) The City, its agents and its authorized employee may enter upon the LICENSED PROPERTY at all reasonable times and hours m examine same to determine if Licensee is property.maintaining the LICENSED PROPERTY and any improvements allowed by this Agreement. 11. Indemnificatior~ (a) Licensee shall indemnify, defend and hold harmless the City, ifs officers, agents and employees, from and against any and all claims, suits, actions, damages, liabilities, expenditures or causes of action of any kind arising directly or indirectly from this Agreement and resulting or accruing from any intentional act or any negligent act, omission or error of Licensee which in mrn results in or relates to injuries to body, life, limb or property sustained in, about or upon the LICENSED PROPERTY or the Improvements or both, arising from the use of the LICENSED PROPERTY. (b) Licensee shall defend, at its sole cost and expense, and legal action, claim or proceeding institute by any person against the. ~City as a result of any claim, suite or cause of action accruing or in any way arising out of this Agreement for injuries to body, life, limb or property as set forth above. (c) Licensee shall save the City haxmless from and against all judgments, orders, decrees, attorneys' fees, costs, expenses and liabilities incurred in and about any claim, and the investigation or det~nse of them, which may be entered, incurred or assessed as a resuk of the foregoing. 12. Insurance (a) Without limiting any of the other obligations or liabilities of Licensee, Licensee shall provide, pay for and maintain in force the insurance overages set forth in this paragraph, at all times as welt assure the City coverage of the protection contained in the foregoing indemrdfication provision undertaken by the Licensee. (b) Comprehensive general liability with minimum limits of five hundred thousand dollars ($500,000.00) per occurrence, combined single limit for body injury liability and property damage liability coverage, must be afforded and must include: (1) (2) (3) (c) (d) premises, operations or both. City is to be included as an "additional named insured:. Notice of Cancellation and/or Restriction - the policy(ies) must be endorsed to provide City w/th thirty (30) days' advance written notice of cancellation or restrictiom Licensee shall provide the City with a copy of all insurance policies required by this paragraph showing the City has been named as an additional named insured undgr such policies. Renewal of the insurance and provision of a copy of such renewal to the City on an annual basis is the responsibility of the Licensee. 13. Maintenance and Repair of Licensed Premises. It shall be the responsibi/ity of Licensee to keep the LICENSED PROPERTY clean, sanitary and free from trash and debris. The upkeep :and ma~intemmce of rite LICENSED.PROEPRTY licensed under this Agreement shall be borne solely by Licensee, ~a~d L~ensee:agrees to maintain the LICENSED PROPERTY in accordance with the terms and conditions f this Agreement and consistent with pm4ent ~a:n.d reasonable maintenance procedures and techniques. Licensee. specifica!ly~ag!ees :Io install and-maintain th~ Imprg~:ements in a manner that w/Il not pose a hazard to persons and/gr: vehicles on.gdjacent property or the improved right-of-way. 14. Surrender Upon Termination. Licensee shall peaceably surrender and deliver the LICENSED PROPERTY to the City or its agents immediately upon expiration of the term of this Agreement. Licensee shall remove from the LICENSED PROPERTY, at Licensee's own expense, anything placed on the LICENSED PROPERTY unless the City, in writing, authorizes license m leave any landscaping, Improvements or both on the LICENSED PROPERTY. The City shall have no obligation to move, reinstall, replace or in any way compensate Licensee for any toss resulting from or arising out of the termination of this Agreemem. The Licensee agrees m return the LICENSED PROPERTY m a safe condition following removal of the Improvements. Licensee shall be obligated to repair or pay for any damage m the LICENSED PROPERTY resulting from the removal of the Improvemems. 15. Waiver. Failure of the City to insist upon s~r. ici performance of any covenant or condition of this Agreement or m ex~rcise any right contained in this Agreement shall not be construed as a waiver or relinquishment for the future of any such covenant, condition or right, but the same shall remain in full force and effect. None of the conditions, covenants or provisions of this Agreement shall be waived or modified except in writing by the parties to this Agreement. 16. Termination. This Agreement may be canceled with or without cause at any time during its term by either party upon ninety (90) days written notice to the other of its desire to terminate the Agreement. 17. Notice. Any notice or demand, which under the terms of this Agreement or by any s~arate or ordinance is to be given or madeby either party, shall be in writing and shall be given by certified or registered mail, return receipt requested, sent to the other party at the address set forth below, or m such other address as such party may from time to time designate by notice. IN WITNrESS WHEREOF, the parties have hereunto set its authorized hand this day of ,2001. ATTEST: CITY OF BOYNTON BEACH Janet Pminito, City Clerk Gerald Broening, Mayor (City Seal) APPROVED AS TO FORM: CITY ATTORNEY BOBBY ROBINSON, D/B/A JORDAN WRECKER SERVICE, WITNESSES: BY: STATE OF FLORIDA ) ) SS.' COUNTY OF PALM BEACH) ON THIS.~., day of J ]~~.ff- ,200t, before me, the undersxgned notaryp Ubh~aii~ el, smmt,t,y ~app eared BOBBY KOBINSON,,d/b/a JORDAN WRECKER SERVICE ,ap,2 isIh,e pprsbn v~ho subscribed to the foregoing instmmem and who aeknowledg~d;ttiat ii~bxeCUt~thesame was duly authorized to,doso.. Personally Known OR PmducedIdentification Type of Identification Produced IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARY PUBLIC Print or Type Name My Commission Ext:~r.~ November 8, 2001 Mr. Bobby Robinson Jordan Wrecker Service, Inc. 905 N. Railroad Avenue Boynton Beach, FL. 33435 RE: Revised Revocable License Agreement- Use of Alley Dear Mr. Robinson: The revised Revocable License Agreement has been schedule to be heard by the City Commission at their meeting of November 20, 2001. The changes to the Agreement were prepared at the direction of the City Manager. Should you need to discuss this item in any greater depth, follow-up contact can be made directly with me. Very truly yours, CITY OF BOYNTON BEACH Dale S. Sugerman Assistant City Manager /'~cc: Kurt Bressner, City Manager RECEIVED NOV - 8 CITY MANAGER'S OFFICE VI.-CONSENT AGENDA ITEI~I C,10 RESOLUTION NO. 01- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND APPROVING AMENDMENT I BETWEEN THE CITY OF BOYNTON BEACH AND KIMLEY-HORN AND ASSOCIATES, INC., FOR THE INDUSTRIAL AVENUE CORRIDOR STORMWATER IMPROVEMENTS PRO.1ECT; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT; AND PROVIDING AN EFFECTIVE DATE, WHEREAS, the City Commission, upon recommendaUon of staff, has med it to be in the best interests of the citizens and residents of the City of i Beach to approve Amendment I of the Consultant Agreement between the of Boynton Beach and Kimley-Hom and Associates in the amount of ;108,820.00, for aalditional engineering services for the East and West Industrial Boynton Estates stormwater improvements; NOW~ THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF CITY OF BOYNTON BEACH, FLORIDA~ THAT: Section 1. The City Commission of the City of Boynton Beach, Florida does , authorize and approve Amendment 1 to the Consultant Agreement between City of Beynton Beach and Kimley-Horn and Associates in the amount of ;108,820.00, for additional engineering services for the East and West Industrial Estates storrnwater improvements which Amendment I is hereto as Exhibit "A". Section 2. The Mayor and City Clerk are authorized and directed to execute Section 3, This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this · day of November, 2001. Mayor Vice Mayor Commissioner Commissioner Commissioner City Clerk (Corporate Seat) Kimley-Horn EXHIBIT A and Associates tnc, October 24. 2001 Mr. Paul Fleming Senior Project Manager, Engineering City of Boymon Beach 100 East Boynton Beach Boulevard Boynton Beach. FL 33425 Re: Industrial Avenue Corridor Stormwater Improvement Project Project No. 04434900 t Dear Mr. Fleming: Over the course of this project, Kimley-Hom has agreed to provide certain additional consulting services at the request of the Utility and Engineering Departments. We proceeded with these additional services based upon verbal requests from the City. in previous correspondence regarding our additional effort, the City has requested that we submit a complete summary of the provided services with supporting documentation. As we near completion of the design and bid phases of the project, we request a contract supplement to cover our additional effort. We have attached a scope of services, fee and billing schedule, and manpower estLmate (Exhibits A through C) for providing these services. The manpower estimate s presented in the same format as our original scope of services. Kimley-Hom has modified Task 11 Additional Design and Analysis per your request. We have deleted Task 12 Drainage Alternative Analysis as we agree that our original ~conrrac[ scope included analysis of alternative drainage designs. Please forward the attached documents to the appropriate parties for authorization. Thank you for your assistance in resolving this matter. Sincerely, IATES. [NC, Michael D, Spruce; P,E, Attachments Q:\044349000\Contract\Addsrvc 10-24.doc OCT 2 5 2001 ~b'1RUCq~ON 8ERM~ DIVISION EXHIBIT A SCOPE OF SERVICES Kimley-Hom and Associates, Inc. has been requested to provide the following additional services by the City of Boynton Beach: Tasl*' 7. Water Main Upgrades/Redesign K, imlev-I:-Iorri has:designed:an 8'~ DIP,waxetmain along Industrial Avenue to replace the existing 6" asbestos-cement water main. This design was performed concurrently with the previously authorized roadway and stormwatet improvements and includes: · approximately 1,350' feet of 8" DIP watetmain · Valves, fittingS, rite.hydrant assemblies, sample points, and other appurtenances required to complete the looped system and bring the proposed line into service · Reconnection of existing water services along Industrial Avenue to City meters with new touch read meter boxes · Reconnection ofwatermaln to branch lines along Industrial Avenue · Removal and/or groin filling of the existing 6" asbestos-cement watermain Miscellaneous sanitary sewer improvements as required to meet City requirements for water main and sewer separation · Permit application submittal to Palm Beach County Health Depamnent, Kimley-Hom also designed modifications to existing water mains within the Lake Boynton Estates area. The proposed design modifications included removal ora 6" water main in the vicinity of the proposed detention pond and an alternative connection to the e~isting looped system, in addition, Kimley-Hom designed .improvements to sections of existing water main at the intersections of Southwest 6th Street WithNorthwest 1st Avenue, Southwest I st Avenue, Ocean Drive, and Ocean Avenue to resolve conflicts with the proposed stormwatet improvements in these intersections. W. yLE~VOL BPROSECT~NG~CIVIL\044349000\conlract"AddexA 10'24'd°c EXHIBIT "A" The design of these water main improvements required additional data collection with City staff, including additional field location of existing utilities and review of City utility records. Task & West Industrial Avenue Right Turn Lane Design Due to the increased traffic volume expected along West Industrial Avenue after the proposed roadway and stormwater improvements are completed, the City requested that Kimley-Horn improve the right turn lane from West Industrial Avenue to Boynton Beach Boulevard. Kimley-Horn performed a traffic analysis at the intersection of West Industrial Avenue and Boynton Beach Boulevard to project the volume of right-turning and left-turning vehicles during peak hours. We submitted a letter report detailing our findings and recommendations for review by the City. After responding to the City's comments, Kimley-Horn designed an extension to the right turn lane to accommodate the projected number of right-turning vehicles and to avoid blockage of the lane from left-turning vehicles in the adjacent lane. The design required additional survey and field reviews by engineering staff to define the existing conditions in the vicinity of the intersection more completely. The design included revisions to roadway, drainage, signing and marking, and traffic control plans as well as cross-section sheets. Task 9. Gopher Tortoise Permitting City staff identified the presence of gopher tortoises in the FDOT ditch during the design. Kimley-Horn also located several tortoises and burrows during our environmental evaluation of the site. The City requested that Kimley-Horn seek a permit to relocate the tortoises offsite to facilitate construction in the FDOT ditch. \\KYLE~VOL 1 ~PRO.IEC'BENG\CIVIL\044349000~onttact~AddaxA 10-24.doc Kimley-Hom performed additional field evaluations to estimate the number of acnve tortoise burrows, researched the potential solutions, and prepared a report with recommendations for review by the City. Kimley-Hom thenprepared an Incidental Take Permit application w!th supporting documentation and submitted it to the Florida Fish and Wild}ifc Conservation Commission. The permit has been issued pending receipt of the required fee. Task 10. Foster Oil Easement Kimley-Hom's design of roadway improvements at the south end of Industrial Avenue included increased turning radii to accommodate large truck traffic. The proposed design impacted the southeast comer of the Foster Oil proper~y. The City requested that Foster Oil grant an easement through its property to construct a portion of the proposed roadway improvements. Kintley-Hom visited the site to field locate and paint mark the proposed comer cut through the property and the proposed new location of the south gate and driveway for review by Foster Oil. The City subsequently received verbal approval to construct the proposed improventents pending a formal easement agreement. Kimley-Hom and its subconsultant, Heller-Weaver and Sheremeta, Inc., prepared a legal description and sketch of the proposed easement for use by the City in securing the easement agreement. Task 11. Additional Design and Analysis Kimley-Hom has responded to several other requests groin the City to provide additional services. The following paragraphs describe additional modeling, other analysis, and redesign that has been authorized by the Engineering and Utility DepartntentS. \\KYL EWOL 1 \PROJEC'I'xEN~\C IVIL\044349000\¢onlra~tV4'ddcxA 10'24'd°c EXHIBIT "A". Kimtey-Hom will revise the City's Utilities Engineering Design Handbook - Technical Specifications,For the City of Boynton Beach Utilities Department. Volume Two to address potential conflicts with the latest edition of the City's front end documents and to better address project specific issues such as Measurement and Payment for specific bid items. The Anderson Stor-All detention pond is an integral part of the masxer drainage plan for Industrial Avenue. The City previously secured a 12' easement through the pond for stormwater facilitias. However. there was some concern that no firm arrangement had been made that would allow drainage from Industrial Avenue to discharge directly into the pond. In addition, the proposed outfall structure discharging into the pond would not fit completely in the 12' easement. In order to facilitate closure on this issue Kimley-Horn contacted the owner of Stor-All to verify his approval of the design concept. With an understanding of the owner's concerns, Kimley~Horn met with the owner's engineering consultant to discuss the engineenng aspects of the project. Kimley-Horn convinced the consultant that the project would not adversely affect the drainage from the Stor-All site and that the City likely would take on some maintenance responsibility. The results of the meeting and follow up telephone call were transmitted to City staffvia email. Kimley-Horn subsequently met with the City, Mr. Jeffrey Anderson (owner of Stor-All), and his consultant on October 4, 2001. to secure an agreement that would meet SFWMD requirements and satisfy all parties. Kimley-Horn then met with Mr. Anderson's consultant in the field to review potential limits of a property purchase by the City. \\KYL EXVOL BPRO J ECT~ENG\ClVIL\044349000\conu'act~ddexA 10'24.doc EXH1' BZT "A". * During preliminary design, Kimley-Hom determined that Polyplastics. Inc. had constructed certain improvements within the Industrial Avenue right-of- way. Affer~ receiving this information~ the City requested that Kimley-Hom submit signed and sealed copies of the original survey for their use in addressing related issues with Polyptastics. Inc. Kimtey-Hom submitted these drawings in January, 200I. D. Kimley-Hom a~d itssubgonsutmnt- Dunke[be~ger Engineering and Testing, Inc, prepared a Construction· Materials Testing l~rogr~,an in conjunction with our final ~pecification modifications in order to clarify the testing requirements for the potential bladders. Kimley-Horn submitted a draft for review by City staff, then revisedlhe tasting~program to address City comments. Kimley-Hom also submitted atypical;pricing list for the individual testing items for use by the City. In the latter stages of design, after the primary components of the project had been reviewed and approved by the City, several design changes were requested by the City. These changes altered the project sufficiently to require substantial plan, quantity, and drainage analysis revisions. On June 4, 200t, the City requested that Kimley-Horn revise the design in several locations. These changes represented a substantial change to several of the project plans. Flint, the City requested that Kimley-Hom revise the design along West Industrial Avenue such that the entire west right-of-way would be available for drainage swales. This task included revising the plans m call for removal of rock formations, artwork, and the residential driveways from the right-of- way. Kimley-Hom reviewed this concept in the field and reported that removing the rock formations from the right-of-way would constitute a significant effort during construction and would require the use of retaining walls to support the adjacent residential.lots. Kimley-Horn subsequently \\KYLE~VOL 1 \p ROSECT~-~NG\C IVI L\044349000\contract~AddexA 10'24'd°¢ °5' EXHIBIT "A". revised the project plans to include an updated schedule of swales, new swale constmcuon details, revised inlet, pipe and trench locations, and a gravity wall adjacent to the proposed right-tom lane. Kimley-Hom also produced plan sheets showing the proposed FDOT ditch improvements (sheets C22 through C27) at the request of the City. Kimley Horn also revised the plans to include a connection of drainage from the proposed north connector road to the master drainage system along lndustria[ Avenue at the City's direction. The requested plan revismnS mandated revisions to the project quantities and drainage calculations. Kimtey-Hom subsequently prepared large color exhibits showing the proposed improvements in the Industrial Park and in Lake Boynton Estates for use at the Jury 11, 2001 public involvement meeting. The July 11, 2001. public involvement meeting generated several comments that changed the design. Kimley-Hom subsequently modified the plans to replace the swales along the west right-of-way of West Industrial Avenue with a stabilized shoulder. The design of the drainage stmctores, ptpes, and exfiltration trenches along this road was revised accordingly. Additionally, the drainage notes were modified to address several other property owner concerns along West Industrial Avenue. In addition, the proposed sidewalk along Industrial Avenue was extended further south to the south connector road, then west to West Industrial Avenue. Kimley-Hom met with City Engineering and Parks and Recreation staff in the field on July 25,2001, to review the existing trees and other vegetation in the area of the proposed detention pond in response to concerns raised at the public involvement meeting. At the request of the City, Kimley-Hom subsequently provided digital copies of specific plan sheets to Parks and Recreation staff for their use in adding landscaping along the proposed detention pond. Kimley-Flom provided additional technical assistance as \\KYLEWOL I\PROJECTxENGXCIVIL~2}44349000\c°nUaCt~Add~xA 10-24.doc needed to facilitate the addition of landscaping. The digital files were transmitted on July 30. 200l. The construction notes related to the proposed chain link fence on the detention pond were revised to require black vinyl covering at the request of Parks and Recreation staff Kimley-Horn will, prepare additional revisions to the plans showing an extension of the sidewalk in this area, a revised routing of the fenca, andtraffic stgns. As~with the previous design modifications. the project quantities had to.be mod/fled to matc_h the design. Additional design changes included revisions to the traffic control plans to reflect revised construction phasing, addition ora new gate, driveway, and connecting fence in front of Foster Oil, and xevisions to the associated quantities. Kimley-Horn submitted the most recent plan revisions on August 15, 2001. Plans and specifications ready for bidding were submitted on September 24, 2001. after receipt of the City's current front end documents. During the latter stages of the design, the City received a non-conformance notice from FDOT regarding three existing connections from Lake Boynton Estates to the FDOT ditch through the proposed site of the detention pond. The area served by these ouffalls was excluded in the original contract between the City and Kimley-Horn, so it was not included in the original drainage calculations. The City requested that Kimley-Horn address this issue on their behalf. Subsequent communications with the local FDOT permits office indicated that FDOT required a single ouffall from Lake Boynton Estates. Kimley-Hom's drainage analysis indicated that inclusion ofthe existing drainage in the detention pond would be detrimental to the hydraulics of the \\KYL E~VOL 1 ~PROJ EC1XE~G\C IVIL\044349000\c~ntract~.dd~xA t0-24.do~ -7- EXH[B'rT "A" overall project. Kimley-Hom proceeded tc submit one general use permit application to FDOT for two outfalls into the ditch. One ouffall was intended to replace the three existing outfalls from Lake Boynton Estates while the other would provide a point of discharge from the detention pond. The FDOT permits office subsequently called m inform Kimley-Hom that a drainage connection permit would be required instead of the general use permit. As a result, Kimley-Hom prepared and submitted a new applicanon as requested. The inclusion of the existing drainage from the south end of Lake Boynton Estates in the project required modifications to the stormwater models and drainage report prepared for the project, as well as modifications to several plan sheets (C1 through C3). This effort required additional analysis, plan production, and quantity takeoffs. The final drainage report revisions were submitted on August 28, 2001. \~g. Y1.E~V OL 1 ~PROJECT~NO\CML\044349000\c°ntrac~AddcxA 10- 24.doc -8- EXHIBIT "A' EXHIBIT B FEE AND BILLING Kimley-Horn and Associates, Inc. requests payment for the services described in Tasks 7 through 11 in Exhibit A for a lump sum fee of $I08.820.00. The following is a breakdown of individual task budgets. Engineering Services Task 7. Water Main Upgrades/Redesign Task 8. West Industrial Avenue Right Turn Lane Design Task 9. Gopher Tortoise Permitting Task 10. Foster Oil Easement Task 11. Additional Design and Analys~s Fee (including expenses) $18~120.00 $15,359.00 $11,884.00 $2,O03.00 $61,454.000 Lump Sum Total $108,820.00 The lump sum fee includes labor costs and direct expenses identified in Exhibit C as well as items such as local cellular phone, in-house duplicating and blueprinting, facsimile, local mileage, telephone charges, postage, and computer expenses. All permitting, application, and similar project fees will be paid directly by the Client. Alternatively, Kimley-Horn will agree to pay these fees with the understanding that the City will reimburse us for these expenses. Fees will be invoiced monthly based upon the pementage of services completed as of the invoice date. Payment will be due within 25 days of the date of the invoice. \~KYLE~VOL I ~PROJECT~NG\CIVIL\044349000[contract~Add~xA 10-24.doc EXHIBIT C - INDUSTRIAL AVENUE - ADDITIONAL SERVICES WORK PLAN 1rev. 10124101) Labor TaskSubtotall$ $ 4t500 $ 5~280 $ - $ 4~200 $ - $ Ir000 $ $14~960 RATE/UNIT $ 150 $ 0.25 $ 1.00 $ 50,00 $ 10,00 $ 2500 5 5 25O 60 Water p;an sheels {5) 3 3 150 12 TaskSub/olal $} $ 12 $ 2 $ 450 $ . $ - $ 1~800 $ 876 $ 314~- Task Total - Labor and Expenses $18,t 20 8, West Industrial Avenue Right Turn Lane Design RA~'EIHR $150,00 $110.00 $ 75,00 $ 70.00 $ 5000$ 5000 $ 70.00 2 3 18 ~ 2 30 .... 24 S ~-8 2 82 $1,500 O0 -- 0 8 200 -- 48 [TaskSuhloial($) $ 12 $ 2 ~ 2~ $ . $ -'~ .$ t;~' $ 685'$. 1;500 $ 3,649 Task Total - Labor and Expenses $15,359 Task 9. - G; her Tortoise Permi~r L~bor RATE/HR $150,00 $110.00 $ 75.00 $ 70.00 $ 5000 $ 50~)0' $ 7000 b pa;rail Ap~bcatl~x~s aw,] lolk~ u~p 4 6 20 13 4 47 I Task~,,~mAl($.l $ 1~200 $ 660 $ %400 $ 9t0 $ -I $ 200 $ - $ 5~370 I RATEJUNIT $ 1,50 $ 0.25 $ 1,00 $ 50,00 $ 10,00 $ 2500 $5,800.00 0 75 ~ 13 0 82 Task Sublotal (Uni~) TaskSubtola ~ $ - $ 75 $ - $ $ 325 $ 314 $ 5r800 $ 6r514 Expenses Task Total - Labor and Expenses $11.884 Task 10, - Foster Oil Easement LabOr RATE/HR $~50,0~i $110.00 $ 75.00 '$ 7Q.00 $ 50,00 $ 50.00 $ 7o00 ~ o 'u o Q ~ o 14 RATE/UNIT $ 1_§0 $ 0.25_ $ 1~00 $ 50.09 '$ 10.(~0 $ 25.00 $ 50000 Task Total. L'abor and Experlses S 2.003 I11 Task 11. - AddiUonal Design and Analysis I RATE/UNi1 $ 1'.50''$ 0~25 '$ 1.00~ "$ 50:0(]' $320.80 $ 2500 4~ o3 6, ~ ~6~ o ]TaskSubtotai($) ~ ;e $ 111; 503 $ ~OO ~ 320 $ 4,025, $ 3,108, $ - $ 8,334 Task Total - Labor and Expenses $ 61,454 Requested City Coraralssion Meetine Dateq [] Noveanber 20. 2001 [] December 4, 2001 [] December I8, 2001 [] January. 2~ 2002 VI.-CONSENT AGEN DA ITEM C. 10. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Tttmed in to City Clerk's Offig~ November 7, 2001 (5:00 p.m.) November 2L 2001 (5:00 p.m.) December 5, 2001 (5:00 p.m4 December 19, 2001 (5:00 p.m.) Requested CiW Commission Meetine Dates Janua~ 15,2002 [] February 5, 2002 [] February 19, 2002 [] March 5, 2002 Date Final Form Must be Turned m to City Clerk's Office January 3, 2002 (5:00 p.m.) January 16, 2002 (5:00 p.m.~ February 6, 2002 (5:00 p.m.) February 20, 2002 (5:00 p.m.) [] Administrative [] Developmerit Plans NATURE OF [] Consent Agenda [] New Business AGENDA ITEM [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report -- - RECOMMENDATION Motion to approve Amendment 1 to Project No. STM 007 with Kimley Horn and Associates fol:~ew~ additional engineering services for the East and West Industrial Ave. / Lake Boynton Estates St-.'.~t~ Improvements Project in the amount of $108,820.00. EXPLANATION: The original Task Order with Kirnley Horn and Associates for the Industrial Avenue Project was approved July 18, 2000. During the design process several additional issues have come up that needed to be addressed. Some of those issues came from the property owners that attended our neighborhood meeting in the early stages of the design. We have tried to address any improvements that should occur during the construction process within the effected communities. The following are items that were not included in the original Task Order. It is our recommendation that these additional tasks be authorized: Water main redesign for Industrial Ave. and relocation in Lake Boynton Estates; 2 West Industrial Ave. right turn lane destgn; 3 Gopher Tortoise Environmental report and permitting; 4 Foster Oil easement preparation and; 5 Additional design and analysis to meet permit requixements. This project has also required considerable time and effort to proceed through the permit process with the various agencies including Florida Department of Transportation, Lake Worth Drainage District, South Florida Water Management District. Florida Department of Natural Resources and Sea Board Coast Line R/R. S:~BULLETINL~ORMS~AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNT( Page Two October 3 [. 2001 l 1-20-01 Commission Agenda Request Form - Ad 1 TO K & H )N BEACH PROGRAM IMPACT: These additional ~task~ will allow for the required improvements in the target areas that exceeded the proposed stormwater improvements. FISCAL IMPACT: The additional er~gineering services that are requ/red come to a lump sum tota! of $108,820.00 bringing account #407-5000-590.96-07, the tOtal engir~eer~h~ cOSt to $499,210.00. Funds are available STM007. ALTERNATIVES: All of the additiona} services are reqmred to complete the engineering component of this stormwater project. Department Head s ~Jgnature r C~I~mager s Signature Cc; /acl Utilities Department Name Dale Sugerman WRLT Paul Fleming Clem Bucher City Attorney / Finance / Human Resources S :~BULLETIN~OKMS'~AGENDA ITEM KEQUEST FORM.DOC Kimley-Horn and Associates Inc, October 24, 2001 Mr. Paul Fleming Senior Project Manager, Engineering City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach. FL 33425 Industrial Avenue Corridor Stormwater Improvement Project Projec~ No. 044349001 4431 Embarcadero Drive West Palm Beach. Flodda 33407 Dear Mr. Flemmg: Over the course of this project, Kimley-Horn has agreed ro provide certain additional consulting servmes at the request of the Utility and Engineering Departments. We proceeded with these additional services based upon verbal requests from the City. In previous correspondence regarding our additional effort, the City has requested that we submit a complete summary of the provided services with supporting documentation. As we near completion of the design and bid phases of the project, we request a contrac~ supplement to cover our additional effort. We have attached a scope of services, fee and billin~ schedule, and manpower estimate (Exhibits A through C) for providing these services. '[he manpower estimate is presented in the same format as our original scope of services. Kimley-Horn has modified Task 11 Additional Design and Analysis per your request. We have deleted Task 12 Drainage Alternative Analysis as we agree that our original contract scope included analysis of alternative drainage designs. Please forward the attached documents to the appropriate parties for authorization. Thank you for your assistance in resolving this matter. Sincerely, CIATES, 1NC. Michael D. Spruce: P.E. Attachments Q:\044349000\Contract\Addsrvc 10-24.doc TEL 561 845 0665 :AX 56I 863 8173 COI~TRUCTION SERVI~E8 DM$10N EXHIBIT A SCOPE OF SERVICES Kimley-Horn and Associates, Inc. has been requested to provide the following additional services by the City of Boynton Beach: Task 7. Water Main~.~pgrades/Redesign Kimley-Horn has designed an 8" DIP watermain along Industrial Avenue to replace the existing 6" asbestos-cement water main. This design was performed concurrently with the previously authorized roadway and stormwater nnprov~aents and includes: · Approximately 1,350 feet of 8" DIP watermain · Valves, fittings, fire,hydrant assemblies, sample points, and other appurtenances required to complete the looped system and bring the proposed line into service · Recoanectinn of e:Sisting water services along Industrial Avenue to City meters with new touch read meter boxes · Reconnection of watermain to branch lines along Industrial Avenue · Removal and/or grout filling of the existing 6" asbestos-cement watermain · Miscellaneous sanitary, sewer improvements as required to meet City requirements for water main and sewer separation · Permit application~ submittal to Palm Beach County Health Department. Kimley-Hom also designed modifications to existing water mains within the Lake Boynton Estates area. The proposed design modifications included removal of a 6" water main in the vicinity of the proposed detention pond and an alternative connection to the existing looped system. In addition, Kimley-Hora designed improvements m sections of existing water main at the intersections of Southwest 6th Street with Northwest 1st Avenues Southwest 1 st Avenue, Ocean Drive, and Ocean Avenue to resolve conflicts with the proposed stormwater improvements in these intersections. XKYLE\VOL 1 ~PRO JECT~ENG\CIVIL~044349000\co n~xact xAddexA 10-24.doc The design of these water main ~mprovements required additional data collection with City staff, including additional field location of existing utilities and review of City utility records. Task & West Industrial Avenue Right Turn Lane Design Due to the increased traffic volume expected along West Industrial Avenue after the proposed roadway and stormwater improvements are completed, the City requested that Kimley-Horn improve the right mm lane from West Industrial Avenue to Boynton Beach Boulevard. Kimley-Horn performed a traffic analysis at the intersection of West Industrial Avenue and Boynton Beach Boulevard to project the volume of right-turning and lefi-turning vehicles during peak hours. We submitted a letter report detailing our findings and recommendations for review by the City. After responding to the City's comments, Kimley-Horn designed an extension to the right mm lane to accommodate the projected number of right-tumiag vehicles and to avoid blockage of the lane from left-turning vehicles ia the adjacent lane. The design required additional survey and field reviews by engineering staffto define the existing conditions in the vicinity of the intersection more completely. The design included revisions to roadway, drainage, s~gning and marking, and traffic control plans as well as cross-section sheets. Tusk 9. Gopher Tortoise Permitting City staff identified the presence of gopher tortoises in the FDOT ditch during the desigm Kimley-Hom also located several tortoises and burrows during our environmental evaluation of the site. The City requested that Kimley-Hom seek a permit to relocate the tortoises offsite to facilitate construction in the FDOT ditch. \LKYLE\VOL IXPROJECT~RqG\CrVIL\044349000\conlxact~AddexA 10-24.do¢ Kimley-Hom performed additional field evaluations to estimate the number of active tortoise burrows, researched the potential solutions;.and-prepared a report with recommendations for review by the City. Kimley-I-Iom then prepared an Incidental Take Permi! application with supporting documentation and submitted it to the Florida FishangWildlife Conservation Commission.. Th~permit has been issued pending mceip~t of the required fee. Task 1 O; ,Foster Oil Easement Kimley-Horn's design of roadway improvements at the south end of Industria] Avenue included increased turning radii to accommodate large track traffic. The proposed design tmpactedthe southeas! comer ogthe Foster Oil property. The City requested that Foster Oil grant an easement through its property to construct a portion of the proposed roadway improvements. Kimley-Hom visited the site to field locate and paint mark the proposed comer cut through the property and the proposed new location of the south gate and driveway for review by Foster OiL The City subsequently received verba[approval to construct the proposed improvements pending a formal easement agreement. Kimley-Hom and its subconsultant. Heller-Weaver and Sheremeta, Inc, prepared a legal description and sketch of the proposed easement for use by the City in securing the easement agreement. Task 11. Additional Design and Analysis Kimley-Hom has responded to several other requests from the City to provide additional services. The following paragraphs describe additional modeling, other analysis, and redesign that has been authorized by the Engineering and Utility Departments. \kKYLEZVOL I kPROJEC'BENG\CIVIL\044349000\contract~AddexA 10-24.doc '3- Kimley-Horn will revise the City's Utilities Engineering Design Handbook - Technical Specifications for the City of Boynton Beach Utilities Department, Volume Two to address potential conflicts with the latest edition of the City's front end documents and to better address project specific issues such as Measurement and Payment for specific bid items. The Anderson Stor-All detent[on pond is an integral part of the master drainage plan for Industrial Avenue. The City previously secured a 12' easement through the pond for stormwater facilities, However, there was some concern that no firm arrangement had been made that would allow drainage from Industrial Avenue to discharge directly into the pond. In addition, the proposed o~tffalt structure discharging into the pond would not fit completely ~n the 12 easemen. In order to facilitate closure on this issue Kimley-Horn contacted the owner of Stor-All to verify his approval of the design concept. With an understanding of the owner s concerns, K~mley-Horn met w~th the owner s engineering consultant to discuss the engineering aspects of the project. Kimley-Horn convinced the consultant that the project would not adversely affect the drainage from the Stor-All site and that the City likely would take on some maintenance responsibility. The results of the meeting and follow up telephone call were transmitted to City staffvia email. Kimley-Horn subsequently met with the City, Mr. Jeffrey Anderson (owner of Stor-All), and his consultant on October 4, 2001, to secure an agreement that would meet SFWMD requirements and satisfy all parties. Kimley-Horn then met with Mr. Anderson's consultant in the field to review potential limits of a property purchase by the City. KYLE\VOLI \PRO JECT~ENG\CIVIL\044349000\conlxact~AddexA 10'24-d°¢ -4- During preliminary design, Kimley-Hom determined that Polyplastics, Inc. had constructed certain improvements w!thiRthe lndustria1 Avenue right-of- w~ay; After mceiv'mg thi~ in~o ..r~ation, Se City r~quested that Kimley-Hom submit signed and ~ealed cop~6s of the origina} surg~.ey for their use in addressing related is~sues~ with Po/yplastics, Inc Kimley-Horn submitted these drawings in January, 200:1. Kihiley-Horn ~ and Testing, Ine reqmrements for the review individual testing items for t/se submitted a draft for ,'ity list for the In the latterstages of design, ,ifter the primary components of the project had been reviewed and approved by the City, several,design changes were requested by the City. These change~altemd the project sufficiently to require substantial plan, quantity~ and. drainage analysis revisions. On June 4, 2001 the City requested that Kimley-Hom revise the design in several locations. Thesechanges represented a substantml change to several of the project plans. First, the City requ~stad that Kimley-Horn reVise the design along West Industrial Avenue such that the entire west right-of~way would be available for drainage swales. This task included revising the plans to call for removal of rock formations, artwork, and the residential driveways from the right-of- way. Kimley-Hom reviewed this concept in the field and reported that removing the rock formations from the right-of-way would constitute a significant effort during construction and would require the use of retaining walls to support the adjacent msidentiai lots. Kimley-Hom subsequently \kKYLE\VOL 1 \PROJECTXENC¢~C ML\044349000~contxacfiAddexA 10-24.doe -5- revised the project plans to include an updated schedule of swales, new swale construction details, revised inlet, pipe and trench locations, and a gravity wall adjacent to the proposed right-tm lane. KimleyoHorn also produced plan sheets showing the proposed FDOT ditch ~mprovements (sheets C22 through C27) at the request of the City. Kimley Horn also revised the plans to include a connection of drainage from the proposed north~connector road to the maSter drainage system along Industrial Avenue at the City's direction. The requested plan revisions mandated revisions to the project quantities and drainage calculations. Kimley-Horn subsequently prepared large color exhibits showing the proposed improvements in the Industrial Park and in Lake Boynton Estates for use at the July 11, 2001 public involvement meeting. The July 11, 2001, public involvement meeting generated several comments that changed the design. Kimley-Horn subsequently modified the plans to replace the swales along the west right-of-way of West Industrial Avenue with a stabilized shoulder. The design of the drainage structures, pipes, and exfiltration trenches along this road was revised accordingly. Additionally, the drainage notes were modified to address several other property owner concerns along West Industrial Avenue. In addition, the proposed sidewalk along Industrial Avenue was extended further south to the south connector road, then west to West Industrial Avenue. Kimley-Horn met with City Engineering and Parks and Recreation staff in the field on July 25, 2001, to review the existing trees and other vegetation in the area of the proposed detention pond in response to concerns raised at the public involvement meeting. At the request of the City, Kimley-Horn subsequently provided digital copies of specific plan sheets to Parks and Recreation staff for their use in adding landscaping along the proposed detention pond. Kimley-Horn provided additional technical assistance as \LKYLE\VOL 1 ~PROJECTxENG\C1VIL\044349000\contract~kddexA 10-24.doe .6. needed to facilitate the addition of landscaping. The digital files were transmitted on Ju)y 30, 2001. The construction notes related to the proposed chain link fence on the detention pond wexe ~evised to require black ~vinyl 9overing at the request of Parks and Recreation staff. Khnley-Hom will prepare additional revisions to the p[ma~s .s~towiag~gn~ extelas~gm~oflt~e si~e_;walk i~:~ area, a revised routing o~ the fence~and traffic, signs~: ~s~w~'th ~.e lX~O~l~design modifications, the.p~oject q~4anfifies Md:to be modified:to ~a~ch th~.design. Additional design changes included revisions to the traffic control plans to reflect revised¢onst~'uc~i~n phasi~lg~addition ofa ne3y gate, driveway, and cnnneeting fe~nce in frout of Foster.Oil, and revisions to the associated quantities. Kimley-Hom submitted the most recent plan revisions on August 15, 2001. Plans and specifications ready for bidding were submitted on September 24, 2001, after receipt of the City's current front end documents. During the latter stages of the design, the City received a non-conformance notice from FDOT regarding three existing connections from Lake Boynton Estates to the FDOT ditch through the proposed site of the detention pond. The area served by these ouffalls was excluded in the original contract between the City and Kimley-Hom, so it was not included in the original drainage calculations. The City requested that Kimley-Hom address this issue on their behalf. Subsequent communications with the local FDOT permits office indicated that FDOT required a single ouffall from Lake Boynton Estates. Kimley-Hom's drainage analysis indicated that inclusion of the existing drainage in the detention pond would be detrimental to the hydraulics of the \\KYLE\VOL 1 ~PROJECT~ENG\CIVIL\044349000\contraet~AddexA 10-24.doc .7. overall project. Kimley-Hom proceeded to submk one general use permk application to FDOT for two ontfalls into the ditch. One outfall was intended ro replace the three existing out£alls from Lake Boynton Estates while the other ~voald provide a point of discharge from the detention pond. The FDOT permits office subsequently called to inform Kimley-Hom that a drainage connection permit would he required instead of the general use permit. As:a result, Kimley-Hom prepared and submitted a new application as requested. The inclusion of the existing drainage from the south end of Lake Boynton Estates in the project required modifications to the stormwarer models and drainage report prepared for the project, as well as modifications to several plan sheets (C1 through C3). This effort requited additional analysis, plan production, and quantity takeoffs. The final drainage report revisions were submitted on August 28, 2001 \XKYLE\VOL 1 \PROIECT~NG\CIVIL\044349000\oontract~_ddcxA 10-24.doc -8- EXHIBIT B FEE ~:BILLING Kimley-Hom and Assocmtes; Inc. requests pa.vment for the services described in Tasks 7 through 11 in Exhibit A fora lump sum fee of $108,820.00. The following is a breakdown of individual task budgets. Engiaeerir~g Service~ Task 7. Water Main Upgrades/Redesign Task 8. West Industrial Avenue Right Turn Lane Design Task 9. Gopher Tortoise Permitting Task 10. Foster Oil Easement Task 11. Additional Design and Analysis Fee :(including expenses) $18,120.00 $15,359.00 $11,884.00 $2,003.00 $61,454.000 Lump Sum Total $108,820.00 The lump sum fee includes labor costs and direct expenses identified in Exhibit C as well as items such as local cellular phone, in-house duplicating and blueprinting, facsimile, local mileage, telephone charges, postage, and computer expenses. All permitting, application, and similar project fees will be paid directly by the Client. Alternatively, Kimley-Horn will agree to pay these fees with the understanding that the City will reimburse us for these expenses. Fees will be invoiced monthly based upon the percentage of services completed as of the invoice date. Payment will be due within 25 days of the date of the invoice. \~KSFLE\VOL 1 ~PROSECT~ENG\CIVIL\044349000\conlxact~AddexA 10 '24'd° ¢ ~9. EXHIBIT C - INDUSTRIAL AVENUE ~ ADDITIONAL SERVICES WORK PLAN [rev. 10124101] $ 150,130 $ 11q,00 $ 75.00 $ 70.00 $ 50.00 $ 50.00 $ 70.00 4 6 12 20 Task ?. - Water Main Upgrades/Redesign RATE/HR Labo~ Expenses O0 $ 5000 $ 1000 $ 25.00 -250 - 60 150 ___~12 8. West Industrial Avenue Right Turn Lane Design Labor Plan shee evisions (RI, R3, TCI, 'rc2, SM_l, SM2, SQl x4~ RATE/HR $150~00 $':110~00 $ 7510{3 _$ 70.00 $ 50.00 $ 50.00 $ 70,00 Expenses a Traffic stud andre or~ b, Plan sheet n~visions ions Task 9. - Gopher Tortoise Permitting RATE/HR $ ;150.80 $110.00 $ 75.0(] $ 70.00 $ 50.00 $ 50.00 $ 70,00 a. Fmld Data Coliect[on 4 12 16 b Permit A~plications and follow up 4 6 20 13 4 47 Task Subtotal (Hours) 8 I 32 13 0 4 6,~ Expenses 884 Task 10.- Foste Labor Task 11. - Additional Design and Analysis Labo! RATE/HR I Seflier Regist Senior lUnlOr Pr¢[. prof, Prof, CADD 3ADD Supped nspe~ors rotal $'150.e0 $11000 $ 7~00 $ 70.00 $ 50.00 $ 5000 $ 70,00 87 40 ~-- ~o~ ~, 20 450 ---~__ Expenses RATE/UNIT Requested City Commission Meetin e Dates [] November 20. 2001 [] December 4, 2001 [] December 18, 2001 [] January 2. 2002 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned !n to City ClerkYs November 7, 200I (5:00 p.mo November 2L 2001 (5:00 p.m.) December 5, 2001 (5:00 p.rm) Decembec 19, 2001 (5:00 p.m. Requested City Commission Meeting Dams [] January 15, 2002 [] February 5. 2002 [] February I9, 2002 March 5. 2002 VL-CONSENT AGENDA ITEM E.1 Date Final Form Must be Turned in to Ciw Clerk's Oflic9 January 3, 2002 (5:00 p.m.) January 16, 2002 (5:00 p.m3 February 6, 2002 (5:00 p.m.) February 20, 2002 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Aggnda [] New Busmess [] Public Hearing [] Legal [] Bids [] Unfidshed Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Please place this request on the November 20, 2001 City Commission Agendaxmder? Consent Agenda. The Community Redevelopment Agency Board with a 5 to 1 vote recommends that *~,~ tabled, to al/ow the rewew to continue at the next Commumty Redevelopment Agency Board meeting on Dec~_~ 11,, 200 I, or later if necessary for the applicant to satisfy additional conditions recommended by the Board. The additional :z:c-~ conditions include 1) resolving the water utility issue involving those adjacent residents serviced by a well located on the subject property; 2) identify on the plan the right-of-way details and ownership status of Bamboo Lane; and 3) enhance the north, south, and wed elevations of the westernmost building to include architectural accents, details, etc. that more closely match elements proposed on the fxont elevations. Approval by the Comnnssinn of the tabling recommendation would, if the additional conditions were satisfied timely, allow the item m remm to the Conm,issinu at their December 18, 2001 meeting. For further details pertaining to this request see attached Department of Development Memorandum No. PZ 01~242. EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: DAKOTA LOFTS H. P. Tombldn~ Chan's Enterprises 3010 S. Federal Highway Request for Site Plan approval to construct 19 raultifamily town homes, recreation area. and related site improvements on two (2) acres. PROGRAM IMPACT: N/A FISCAL EVIPACT.5~X0 - N/A De~lopn~nt r]fiep ar tment D~recto~ Planning and Zo~m~Director City Attorney / Finance / Human Resources S APIanning~qHARED\WP~PRO JECTS~DAKOTA LOFTS~VWSp 01-010LAgenda Item Request Dakota Lof~s 11-204)1.dot S:~BULI~TINAFORMS~AGETNDA ITEM P~EQUES T FORM.DOC M {}1- 242 S TE PLAN REV EW STAFF REPORT COMMUNITY REDEVELOPMEN~ AGENCY AND~ CiTY COMM SS ON October 31, 2001 DESCRIPTION OF PROJECT Dakota Lofts / NWSP 01- 010 Chans Enterprises. Inc. Project Name/No.: Property Owner: Applicant/Agent: Location: Current Land Use/Zoning: Proposed Land Use/Zoning: Type of Use: Project size: Adjacent Uses: H,P. Tomkins Jr, agent for Dakota Lofts at Boynton Beach, LLC 3010 South Federal Highway Loca[ F~etaii Commercial (LRC) and Low Density Residential (LDR) / C-3 and R1AA High Density Resident at (HDR) / Planned Unit Development (PUD) Multi-family Residential Site Area: 2 acres No. of Units: 19 Lot Coverage: 0.6 acres / 30% Density: 9.5 du/ac (see Exhibit "A" - Location Map) North Developed multi4amiiy residential (Colonial Club Condominium); South Bamboo Lane right-of-way, farther south is residential and commercial property outside city limits. The commercial propertyfrontS U.S. 1; Proposal: Site Characteristics: East Developed single family homes: West U.S. 1 right-of-way, farther west is commercial property outside city limits. H.P. Tomkins, agent for Dakota Lofts of Boynton Beach, LLC proposes to raze the existing Sun · t n order to construct 19 luxury townnouse un ts p armed throughout three (3) Wah restauran ' . ...... , ......~ .....,,a Site Plan~. Each building will separate buildings on two (2) acres (see ,-xn~u~ = r,,~ ..... The either be constructed on Parcel 1 or 2. All buildings will contain three bedroom units. number of individual units per building, will range from (5) units to eight (8) units. In addition, a pool_ area is proposed on Parcel 2, just west of the end of the canal. A land use amendment / rezoning application (LUAR 01-006) is being processed eoncurrentty with this site plan. An abandonment application lABAN 01-003) for the right-of-way easement will be ~eard at the December Community Redevelopment Agency meeting. The subject property is comprised of three (3) irregular-shaped parcels ali under [he same ownership totaling two (2) acres. The westernmost portion, "Parcel 1" contains an,existing one,,. (1) story commercial building Which fronts along U.S. 1. The middle parcel or Parcel 2 ts yelp ed as the parking lot that supports the commercial building. The easternm~t primarily,,de P" s r'manly ......... a T~n§u. ~.al of the Intr~coasta Waterway. Th.e devel~ porton Parcel 3, ' P ........ , ........ ~,-,-~o~e as a means to increase the intends to leave the canal intact anQ to utulze i~ =qu=~= project's density potential on Parcels 1 eno 2. Currently. a '0-foot wide road easement combined with a 10-foot wide road & public utilities easement runs north and south, dissecting Parcel 1 and 2. These easements will subsequently be abandoned and proposed to be Page 2 D~kota Lofts - Site Plan Staff Repor~ Memorandum No. PZ 01-242 "relocated" via this site plan proposal in order to accommodate the proposed buildings ir conjunction with providing continued access to the houses along Virginia Gardens Drive. Thc [~ouses on Virginia Gardens Drive (to the north of the subjec~ property) currently ingress an( egress directly onto U.S. 1. As proposed, the entrance and exit onto U.S. 1 for the Virg~nb Gardens Ddve houses will be closed and vehicular traffic will cease once the buildings are buil on the subject property. The houses on Virginia Gardens Drive will share the common access ddve of the subject property. This access drive will be the only means of ingress / egress for the houses on Virginia Gardens Drive. An existing water well on Parcet 2 currently serves the singl6 fam y dwellings at 2Virg n a Garden Ddve and 821 Bamboo Lane. This water well is considered a community well and unless there are underly ng conditions or requ rements such as deed restrictions granting water rights to the existing users, it shall be incumbent upon the applicant to either install a new we I to serve these resid,,ential dwellings or to connect the dwellings to City water if the owner so chooses (see Exhibit "C' - Conditions of Approval). Concurrency: a. Traffic- b. Drainage- Driveways: Parking Facility: A traffic statement for this project was submitted and sent to the Palm Beach County Traffic Division for their review and approval. The Palm Beach County Traffic Division has determined that the project meets the Traffic Performance Standards of Palm Beach County. Conceptual drainage information was provided for the City's rewew. The City's concurrency ordinance requires drainage certification at time of site plan approval. The Engineering Division is recommending that the review of specific drainage solutions be deferred until time of permit review, when more complete engineenng documents are required. There is one (1) main entrance proposed for the development located along the southwestern border of the site on Bamboo Lane. The development has no curb cuts proposed onto U.S.1 and its only means of access is from Bamboo Lane. The Engineering Division has determined that the right-of-way width and pavement width of Bamboo Lane is deficient. They are recommending that the portion of Bamboo Lane between U.S. 1 and the proposed entranceway of the development be widened to 22 feet. Because Virginia Gardens Drive (tc the north) is a private ddve, it is exempt from required roaaway upgrades, However, the Eng neering staff also recommends a tum-areund area be added to the subject site for emergency and service vehicles (see Exhibit "C" - Conditions of Approval). In addition. Fire staff a~so recommends that this emergency vehicular turn-around area should have a minimum centerline radius of 50 feet. As stated in the Site Characteristics section above, as proposed, the abandoned and rededicated 10-foot wide easements will shift to the west in order to accommodate the new buildings. The subject proper~s proposed means of ingress / egress from Bamboo Lane is strategically aligned with this 20-foot wide easement in order to allow for access onto the subject property as well as continued access to the houses along Virginia Gardens Drive. A total of 38 parking spaces are required for the proposed use based on the ratio of ~vo (2) spaces per residential unit. The site plan will provide for such parking in that each townhouse unit will contain a 2-car garage. The garages are dimensioned at minimum 18 feet 4 inches in width by 18 feet 2 inches in length. The actual garage opening will be 16 feet in width. Four (4) parking spaces dimensioned nine (9) feet by 18,5 feet are proposed at the swimming pool area. however, the plan contains no other prowsion for overflow or guest parking, n addition to the four (4) standard parking spaces, one (11 handicapped space is provided at the pool area. which is a requirement of the American with Disabilities Act. The backup distance for these parking spaces will be 27 feet. The plan does not provide for any on-street parking on the roadways because the intedor roadways specifically function as drive aisles and will be only 15 feet in width to meet the Fire Safety Code. Page 3 Z)ako[a Lofts - Site Plan Staff RePort Memorandum No. PZ 01-242 Landscaping: The landscaping of the site will fully meet code requirements when staff comments s incorporated. The proposed pervious o~ 'green' area is 0.51 acres or 25.5% of the total site North,.south 'a,n,d east lan&scape buffers are p~ide¢,~ aS required b~ code These buffers w be ten (10) fee~ in ~dth-anbl cont~i~ an ~ir~y Of v~et~t A 20-f0ot wide front..landscape bu~r., wil! .separate ~the proposed bud ngs from U S 1. This landscaped buffer :w {I C~)n~ir~: '~'1 Pig~.~.n [5 un~ tre~spa~ed 30 fee~ apar~ The front an&scape buffer ~'ijl also h~~Le .Red~ip ~C~l~m anB Th~ ~ hedges wth clusters of Crotons a~d Pl:um~gos: Three clusters ~f S~b~l Raim t~e~s and D Waft Fakahatchee Grass are a So pco~s~. ~ith n t~is ,bu~9~ a~e~,'. ~b~, ~8~b~¢y, of ~amboo: Lane w have ~o (2) Pu~le The Do~ seat,,and .eastJan~ca~e;,bQ¢?m~l:be at [~st ~en (10) fe~ n wdth ~hey contaih G~m~0 ~mb'0 Ee~;:&¢~;:~ ~{. ~;~ a ~o id row ~ R~tip Co.plum funcaoning aS a ba~er be~ee~ {~ ~ab~t Cmp~ and;;the exfst ng res dentia neighborhood. The parking a~ea that se~s the ¢~i~ming.pool will have four (4) Silver BuEonwood trees and a row0f Redtip Cd~b'Plq~8~e¢. F~ 8:~'tm~a! feel,'tb~e~ (3) existing Black Olive trees will be removed near the p001 area to.a¢com~odat~ ten (10) proposed Coconut Palm trees t~at would surround the po~,area. The Iofib dumpste[;~ncl0s~re Iocamd near the main entrance Writ have landscaping on all Cb~ee'¢3) siCes. This land;caping Will consist of Sabal Palm trees, Dw~d Fa~atchee G~s¢, agd R~d~p cgcoplum he~es. Trio sides of each building ~11 contain variods bees s~bs gr~uhdcov¢~, and ac~n~ mate~ such as White B~rd of Pamd~, H bisbus tree; Sa~ Pa~ ffess~ H~a~an T p ~; and Wax Jasmine bushes Building and Site: Building and site regu;lations will be ful y met when staff ~mments are ncorporated into pe~t ~rawings. Chore are'fou~ (4)~es of U~i~ proPe~d throughout the three bud n~ (~pes~ A-1 .A~, B-:!, B-2). ;he"A' ~ ~nit Wil be,3,~ s~uare feet i~ area. The ,,B,, ~pe u~ will be 2,775 square feet.in area. EaCh,unit w([I.b~Ve their respective garage on the ground fio~ The living room I faro ly~room will be on the se~nd floor ahd the Bedroom will be on the thi~ floor. Community Design: The proposed buildings will be three (3) stodes high. The proposed development has select~ Oreame~e as the predomiaant base cd br The a~ent c0 ~rs, Wh ch nc udes the tr ~ facia a~ columns will be p¢i~t¢ .givini~ C~ea~ TEe m0f ~ile will be constructed ¢ Entegm ~ Estate Tile and colored ~dobe Cla~. Th~ p~9¢osed d~s~gn s 'pr~e~able for this redeve ~pment area the ci~. The seco~ a¢d third st~rla~ will have ~overed balconies on the front facade. ~ bo~o~ floor will ~aye a~ un~over~ p~rch t0 t~e ~ear of the building. There will ~ no prov s for solid roof or screened ehclosures~ signage: No project signs are proposed. T~ subject project is pe~iEed to have one (~) freestandi~ monument sign at each ~id~ of the entrance at bamboo Lane. This Sign may not exceed ~; square feet in area nor be more than six (6) feet n he ght RECOMMENDATION: Staff recommends that this site plan request be approved contingen~ upon the approval of the concurrent land us~ rezoning, and abandonment requests. Staff also recommends approval of the site plan subject to the pla~i~ requirement and all comments included in Exhibit "¢' - Conditions of Acp¢oval. ~he TechniCal Revie~ CommiEee (TR~ recommends that the deficiencies ident~ed in this.e~ibit be co~ected on the set of plans submiE~ for building pe~ xc: Central File DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Dakota Lofts APPLICANT'S ~GENT: H.P. Tomkins Jr., agent for Dakota Lofts at Boynton Beach, LLC. APPLICANT'S ADDRESS: 2295 Corporate Boulevard #245. Boca Raton, FL 33431 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: November 20. 2001 TYPE OF RELIEF SOUGHT: New site plan approval for 19 townhouse units in a Planned Unit Development (PUD). LOCATION OF PROPERTY: 3010 South Federal Highway DRAWiNG(S): SEE EXHIBIT "B" ATTACHED HERETO. · X THIS MATTER came before the City Commission of the City of Boynton Beach. Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Flodda on the date of hearing stated above. The City Commission having considered the relief sougl~t by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Applicant's application rot relief is hereby GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:\Planning~SHAREC WP\PROJECTS\DAKOTA LOFTS NWSP 014310\Site 21an DO.doc EXHIBIT "C" Conditions of Approval Project name: Dakota Lofts File number: NWSP 014)10 Reference: 2~ review plans identified as New Site Plan. File # NWSP 01-010 wRh an October 2, 200 t Plarm/ng & Zoning date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments None X t UTILITIES Comments: ~ 1. Fire flow calculations wilt be required demonstrating the City Code X requirement of 1 500 g.p.m, as stated in LDR Chap. 6, Art. IV, Sec. 16, or the requirement imposed by insurance underwriters, whichever is greater (see CODE Sec 26-16(a)). 2. The existing well, as shown on Parcel 2 of the survey prepared by O'Brian, X Sui~er & O'Brian, Inc. dated July 17 2001, is considered a community well It currently serves the dwellings at 2 Virginia Gardens Drive and 82I Bamboo Lane. It will be a requirement of the applicant to either I) connect this residential dwelling to city water that is available to it, or ffthat resident owner elects to forgo city water, 2) install a new well to serve the residential dwelling. FIRE Comments: 3. The fire engine mm around area at the southeast comer of the s~ibject X property shall have a minimum center!ine radius of 50 feet. POLICE Comments: None X ENGINEERING DMSION- Comments: 4. Permits must be obtained for work within the public hght-of-way (LDR, Chapter 22, Article ri, Section 7). X 5. Show ali existing utilities on Site Characteristics Map (Survey) and Site X Development plan (LDR, Chapter 4, Section A.3). 6. Show flow data graphically (flow arrows). Provide details for exfiltration X trenches, catch basins, and manholes. Indicate, by note, that storm water will Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT be contained on site (LDR, Chapter 23, Article ri.F0. 7. Provide data of undergrotmd soit conditions (LDR, Chapter 6, Article IV, X Section 9). Proposed site is in close proximity to the Intracoastal Waterway and muck excavation is more likely to be encountered. (LDR, Chapter 6, Art'iclb IV, Section 9). 8. Add a note to the landscape plan that within the sight triangles there shall be X ~unobstracted cross-visihility at a level between 2.5 inches and 6 (six) inches above the pavemant (LDR, Chapter 7 5, Article II Section 5.H.). Show sight '.triangles graphically on the site plan and landscaping plan Reference FDOT ~;Standard Index 546 for the sight triangles along all collector and arterial · ~roadways. 9. Provide an irrigation plan in conformance with the LDR, Chapter 7.5, Article ~, Section 5. X 10. ,Provide signing and striping plans in accordance with the LDR, Chapter 6, X Article II, Section 17 and Chapter 23, Article II, Section B, which identifies hll necessary traffic control devices such as stop bars, stop signs, double ~.ellow lane separators strip/ng, directional arrows and "Do Not Enter" ~s~gnage, etc. A/so see City Standard Drawings B-98001 and B-90013 for striping details. 11. Provide detail for dumpster enclosure area (LDR Chapter 7.5, Article 1I, X Section 5.J, Chapter 9, Section 10.C.3, and City Of Boynton Beach Standard Drawing A~88007. 12. Provide a typical section for parking lot pavement conforming to LDR, X Chapter 23, Article ff.Q. 13. I~the houses are fee simple, then a plat shall be submitted along with X construction draw/ngs. 14. ~he road on the south side of the property (Bamboo Lane) is deficient with respect to fight-of-way width and pavement width. Bamboo Lane will be X r ~equired to be widened to 22 feet, to the entrance to the development, to meet mi~:nimum street pavement widths (LDR, Chapter 6, Article IV, Section 10.c). Because Virginia Garden Drive has been determined to be a private drive it ~ill be exempted from any upgrades to the roadway. However a mm-around a[ea shall be provided pursuant to Chapter 6, Article IV, Section 10X)). S~eets shall be designed in accordance with all applicable sections of the Code and LDR. 15. Pi-ovide details for water, sanitary sewer, and storm sewer improvements. P~ovide detail(s) for the water line crossing with sanitary and storm sewer· X DEPARTMENTS ; DMSION 16. From the FIRM map;- identify in the site data the utie of the flood zone ti,at the building is located, elevation. 17. Identify the floor elevation that the design professional has established for the building w/thin the footprint of the building that is shown on the drawings 18. At time of permit review, form. A copy of the the form. being ~ owner 19. At time of permit review, submit signed and sealed working dracAngs of the ,0. At time of permit review, submit a copy qf the recorded resolution that verifies the 21. Add a labeled symbol to the site plan drawing that represents and delineates the path of ~ravel for the accessible route that is required for the recreational amenities that are provided for the project and other common area elements located m the site. The symbol shall represent the location of the path of travel, not the location of the detectable warning or other pavement markings that are required to be installed along the path. The location of the accessible path shall not compel the user m ~ravel in a drive/lane area that is located behind parked vehicles. Identify on the plan the width of the accessible route. (Note: The minimum width required by the code is forty-four (44) inches). Add text that would indicate that the symbol represents the accessible route and the route is designed in compliance with regulations specified in the Florida Accessibility Code for Builchng Consumction' Please note that at time of permit revtew, the applicant shall provide detailed documentation on the plans that will verify that the accessible route ~s in compliance with the regulations specified in the Florida Accessibility Code for Building Construction. This documentation shall include, but no~ be limited to, ~ade elevations~el' -- 22. At time of permit review, sut~mit for review an addressing plan for the pARKS_AND RECREATION Corrmlents: 23. List on the site plan the site elements for wkich recreation credit will be provided. X X X X X X REJECT Conditions of Approval 4 DEPARTMENTS INCLUDE tLEYECT 24. As a condition of issuance ora land development order for residential X planned unit developments, the developer shall dedicate land, pay a fee in lieu thereof, or both, at the option of the city, for park or recreational purposes and according to the standards and formula in Chapter 1, Article V in ~e Land Development Code. The total recreation dedication requirement will be calculated as follows: 19 d.u. x .015 acres = .285acres ½ credit may be given against the requirement of land dedication or payment of fees. ½ private recreation credit will be calculated as follows: .285 acres/2 = .1425 acres The Developer may want to consider dedication of the land, or combination of dedication and fee. 25. I/the property is not required.to be platted, the recreation dedication fee will X be due prior to the building perm/t being issued. 26. Provide to the Parks Division at the close of the construction contract as-built X plans showing locations of irrigation lines in the rights-of-way and medians. 27. In order to earn ½ recreation credit, the developer needs to provide a X mn/mum of 5 of the local park basic requirements listed below, or a combination of such, and other recreational improvements that will meet recreation park needs of future residents of the area: Children's Play Apparatus Area Landscape Park-Like & Quiet Areas Family Picnic Areas Game Court Areas Turf Playfield Swimming Pool & Lawn Areas Recreation Center Building 28. In the opinion of the Parks Department staff, the recreation elements showu X on the plans do n6t meet ~he needs of the future residents. At a mutually convenient time, the Parks Department staff will be happy to meet with the developer to discuss available options to meet the intent of the recreation dedication requirements for the project. F OKE STEKfENVII~ONMENTALIS T Comments: None X PLANNING AND ZONILNG DEPARTMENTS INCLUDE REJECT Comments: 29. The subject property must be platted prior to the issuance of any building X permits.. 30. Must process abandonment and rededication of roadway access easement ar, d X associated utilities. 31 The site plan must identify the Furore Land Use designations of the adjacent X properties. 32. The tabular data on the site plan shall include the existing and proposed X Future Land Use designation of the subject prgperty. 33.. The site plan must show the location of air conditioner units or ahy other X proposed above grade mechanical equipment. This is to ensure that proper screen/ng is available. The ground level HVAC un/ts shall be screened with landscaping. 34. On the site plan, show the location of all outdoor freestanding lighting poles. X Provide a typical drawing that includes the height and color / material of all' proposed freestanding outdoor lighting poles. 35. Include a color rendering of all elevations prior to the Community X Redevelopment Agency meeting. 36. The floor plan (sheet B-2) must include the scale of the drawing. X 37. The Redtip Coco,p, lum hedge along the front and side landsqape buffers shall X be installed at 24 in height but maintained no less than four (4) feet nor greater than six (6) feet in height. In addition it should be installed with 24 inches in spread and planted with tip-to-tip spacing immediately after planting to adequately cover the planted areas. ADDITIONAL COMMUNI/I'Y REDEVELOPMENT AGENCY CONDITIONS Comments: 38. Condition #3 is revised to read "The fire engine mm around area at the X southeast corner of the subject property shall have a minimum centerline radius of 50 feet, oi' alternatively redesi~med to the satisfaction of the department. 39. Prior to continued review by the CRA Board, resolve water service issue with X adjacent property owners caused by the need to eliminate existing well on subject property. 40. Prior to continued review by the CRA Board identify legal limits of Bamboo X Lane, and ownership stares, on site plan. Conditiorm of Approval DEPARTMENTS INCLUDE REJECT 41. Prior to continued review by the CRA Board, enhance north, south and west X elevations of westernmost building with architectural details such as scoring, actual or false windows and balconies, etc. in order to more closely match front elevation. ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be determined. S:\P[anning\SHARED\WP\PROJECTS\DAKOTA LOFTS\NWSP 01-010\Condition of Approval 2 page revised 2001 brm.doc LOCATION MAP Dakota Lofts E~(HIBIT "A" R3 NIC C3 i I, .'8. II~]IHXEt li~ ,,~,, _LI~31HX3 -I ,,/],, J_l~]lHX::t ]~XHIBIT "B" EXHIBIT "B" EXHIBIT "B". · W. SMr!f~, ARCHITECT EXHIBIT "B" EXHIBIT "B" -~, W. SMI'¢~,< ARCHTECT ., ~.¢~', . '".-"=%"= EXHII31T "B" ~EXHIBIT "B~__. EXHIBIT "B" Kcquesmd City Comrmssion Mee~du~ Dates November 20, 2001 [] December4, 2001 [] December 1 $, 2001 [] Januayy 2, 2002 VI.-CONSENT AGENDA 'I'EM F CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Tamed in to City Clerk's Office November 7, 2001 (5:00 p.m.) November 2 I. 2001 (5:00 p.m.) December 5, 2001 (5:00 p.m.) December 19, 2001 (5:00 p.m.) Requested City Commission MeetSng Dates [] January 15,2002 [] February 5. 2002 [] February 19,2002 [] MarchS, 2002 Date Final Form Must be Turned in to City Clerk's Office January 3, 2002 (5:00 p.m January 16, 2002 (5:00 p.m.) Febmary 6, 2002 (5:00 p.m.) February 20, 2002 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development plan~ [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] UmCmished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Approve Addendum to Appointment Agreement for Arthur Lee, Directer, Human Resources and authorize the City Manager To execute same. EXPLANATION: The City Manager has completed the annual performance review/appraisal of Arthur Lee and has determined that the proposed changes to Arthur Lee's Appointment Agreemeur are appropriate and in line with other Directors of City Deparunents. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A Department Name City Attorney / Finance / Human Resources S :~BULLETINkFOP, M S~AGENDA ITEM REQUEST FORM.DOC FIRST ADDENDUM TO APPOINTMENT AGREEMENT this Addendum shall serve as ng~dificat/on .to,the original Appointment Agreement between the C~ty of Boynton Beach b/nd Arthur Lee,,.D~rectot of ltuman Resources, dated February 18, 2000. Unless expressly modified by this Addendum, the original terms of the Appointment Agr~ment shall remain in full force. This appointment is amended as follows: 1. Reci~s, E (Amended)_.:Tbe~ .p,osition of Directo;!~f:~!~:~SOUrCes is~ contmc4mal aPPointment by the Cify Mahager of an individual in a ~p~c{~zed field and h6t a Civil Service position and neither ~e City, s Civil S~e~l~ules!and~Re~at/ons, nor the C~ty of Bo.ynton Beach Personnel Policy Manual are applicable to A~hur Lee, except as expressly referenced~herein. By entering into this Addendum, Arthur Lee ~waives alt fights under the City's Civil Service System or Personnel Policy Manual. 2. Article 4.1, B.~SE SALARY. The City ~1 payto ~ Lee an_ ,m'~Bual s,~a~ ,of.. Sezenty ~usa~ S~ Hundred Fifty g~x DbI~ars ($70,6515.00),~ wliieh' oboes to a 4% bas~ salary adjustment, retroactive to employment contract date ,of Fe~ ~9~ 200~ and paYahle in equal iustallments paygble at the same time as the City' s Menage. n3ent'pers6nne[ are paid. Article 4.12 (New) DEFERRED COMPENSATION.. The ~C~tyhwil~ et~ntribute tO Ivlr~ Lee's Public Employee~ Ben,eat Services Curporafio~ (PEBSCO).de~d.c0mpenSation.a~6ant, the sum of ~2~8Q8 e~e~tive with the October 5, 2001: p~ycheek m e~ual propo~i°nate amounts each pay p~d, and to transfer ownersl-dp to succe .,e~t, ing City ~r you upon your resignation or digcharge~ This amount represents 50~ of the ~uut to be paid on Axthur Lee's behalf into PEBSCO bythe city. 4. Article 4.13 (New) INCENTIVE PACKAGE. Arthur Lee shall receive the Management Incentive Package, which consists of enhanced life insurance and comPensatory leave which became effective in 2001 for Supervisory Management Empl6yees. 5. Article 4.3 (Amended! AUTOMOBILE. The City shall provide Arthur Lee with a fleet vehicle to use to c6ndu~t city bUSiness. w APPLICATION OF PPM. Except as listed below, in those instances when both the Appointment Contract and this Addendum are silent, regarding a employment term or condition which is applicahle to general City employees as set forth in the City of Boynton Beach Personnel Policy Manual (PPM), as amended fi:om time to time, then in that c~rcumstance the term or condition provided to general city employees in the ?PM shall apply to Arthur Lee. The following Chapters of the PPM have no application end any term or condition set forth therein are not wmorporated as a term or condition of employment for Arthur Lee: Chapters 5~ 6, 9, 10, I 1, 12, 13,19, 20~ 24, 25, 26, 27, 30. In the evem of a conflict between the Appointment Agreument end this Addendum, the Addendum shall control. The foregoing provisions represent the agreement of the parties and becOme effective on November 20, 2001 subject to ratification by the City Commission. K sner, ity Manager ' -/ DirectOr, Human Resoume's Dated: Dated: Requested City Comr~ssion Meeting Dates [] November 20 2001 [] December 4. 200I [] December lg, 2001 [] January 2, 2002 VI.-CONSENT AG ENDA ITEM G. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORL. Date Final Form Must be Turned in to CityClerk's Of Sice November 7,2001 (5:00 p.m.) November 21, 2001 ~5:0C. p.m.) December 5.200~ (5:00 p.m.) December 19, 2001 (5:00 p.rm) Requested City Commission Meeting Dates [] January 15, 2002 [] Febra~. 5, 2002 [] February 19.2002 [] March 5, 2002 Date Final Form Must be Turned /n to City Clerk's Office lanuary 3, 2002 (5:00 p.m.) lanuary I6, 2002 (5:00 p.m.) February 6~ 2002 (5:00 p.m.) February 20, 2002 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Heariug [] Legal [] Bids [] Unfinished Bnsmess [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Approve Addendum to Appointment Agreement for Palzicia Spoerri and authorize the City Manager to execute same. EXPLANATION: This is an addendum to the Appoiniment agreement ofPatricia Spoerri who successfully completed her first year with the city, and accomplished the establishede goals in the development and implementation of the Professional Development program for city employees This addendum also addresses the issue of compensation equity in order to place Ms. Spoem in a competitive salary as compared with similar positions within the city and other Professional Development Managers within the indusU'y. One ofthe outstanding accomplishments of the program is the creation and success of the Employee Literacy Prograum PROGRAM IMPACT: N, A FISCAL IMPACT: N/A ~m~|~atiw ~e~ices/~ ~esomces Department Name City Attorney / Finance / I-Iumen Resomces S :~BULLETIN~ORMS'~AGEIq DA ITEM REQUEST FORM.DOC FIRST ADDENDUM TO ,APPOINTMENT AGREEMENT This Addendum shall serve as modification to the original Appointment Agreement between the city of Boynton Beach and Patricia Spoer. ri, ,Professional Development Manager date(j i~lay~ 2000~ ~pies~ expi'e~$1Y'm~fi~:~y:~thls~AddendUm," ~th~i?,.- or g nat terms of the Appointment Agreement shall remain i~ full [orca. This appointment is amended, as follows: 1. Recitals, E (Amended)' The positi0n of Professional Development Manager, is a contractual appointment by th( City. :Manager of an individual in a specialized ;field and:not a Civil Se~iCe, p( !i~0~n,~nd neither.theCity's CiVil Service rule§ and :R~eguafions ~orthe city O[BC ntpri,.Bea~hPe~'son, ne115olicy Manual are ~p~li~b!~ ~o PatricJ~ spc)6rrii iA~ffPt'as e~isl~;'(~/[~r~(~A~d herein. By enterit~g 'in.~o th'iS Adder;dura, I at!i~!~ Spoerd~aives ail rights under,he City's Civt_ r,S~stem-or persoi ~el P;01ic~,' M~nual.. 2. AAiple 4~1'~ B~SE:~R~. MS Sp~ffFs base wage will be ~ncreased from ~?,5~0 t~;)$~;~0 pe~ ~ar ~etroactive~t~,~m~ymeq~ ~ntra~ date of May 30; 2~0!?~h ~ iS ~ed ~n~a ~mpar~ v~ ~iEet a~atys{s for this position 3. ~cle 4;~;Z (New)~DEFERRED COMPENSATION; Thff:ci~ will, in addition to the bas~sAla~ paid to Ms. Sp0erri~ ~ntr bute-to:.he~ de{~red ~mpensation a~°un{ ~e ~m e~$2i800 do~i'am into Natio~wDe Retirement Solutions plan in equal pr~ionat~:~mounts in e~ch .pay pefibd retroactNe to May 30, 2001. 4. A~cle 4.1.~ (N~) INGENTIV~ PAC~GE: Ms Sp, oe~ri shall receive the Mana~e~ h~ye Package ~hi~h~cogs S~ ~enhan~ed [e insurance and ~ide 4~1, ~.~'B~U'S ~he C' ~ I:: ' t~ Ms. Spmr~, a Sum not to ~ceed $5,000 in ~dside~{ioh 0f.he~Chi~ving alt objective~ ~:sho~on ~X~ibit ~ In re~nition ~f:ou~nding ~peEo~ance in the deve!~m~t a~ i~plem~n~t en ~ t~ Ci~ s first E~plo~6 Development Pr~mm ~e Sum Of'$2,~;~0~'iS aWarded fo~ ~is ~en~.appraisal pedod. 6. Article 4.8 (Amended) VACATIONS Ms. SRoer,,d shal be entitled to accrue f'~een (15}~.¥acat~on~ days per year r~etroactive to employment contract date o May 30, 2001. 7. Article 4~10 (New)AUTOMOBIL, E. MsSpoerri S~atl be entitled to a monthly auto a owance Of $25~)~.~0 per month to' conduct C ty isuSinesS i~ her'pemonal vehicle. APPLICATION OF PPM. Except as listed below, in. those instances when both the Appointment contractland thiS Addendum are silent, regarding an employment term or condition which i~s :apPlicable to generai c ty employees' ~ Set forth n'the city of Boynton Beach Pe~sonne P~i ~y M~nUal (PPM) as amend~,d from time to t[me~ then in that circumstance the term or condition provided to general city employees in the PPM shall apply to Ms. Spoerri..The following Chapters of the PPM have no application and any C:\WIN DOWS\TEMP\First .~qrsement Addendum 1 .dcc 11/08/01 term or condition set forth there~n are not incorporated as a term or condition of employment for Patricia Spoerd: Chapters 5, 6,9,10,11,12,13,19, 20, 24, 25, 26, 27, 30. In the event of a conflict between the Appointment Agreement and this Addendum, the Addendum Shall control. The foregoing provisions represent the agreement of the parties and become effective on November 20, 2001 subject to ratification by the City Commission. Patri~ia Spo~rri r Profgssional Development Manager Dated: Dated: C:\WIN DOWS\TEMP\ First Agreement Addendum I ,dOC 11/08/01 EXHIBIT "A" Objectives 1. Conduct a Customer Satisfaction survey for the City of BOynton Beachwho wil measure the level of citizenry satisfaction with the, services provicl:ed bythe City and Solicit in~ut into the.ci.ty~ fur~e directjbr~ By,~ctober 3~ 2002 2. Design a Job Satisfaction proposa by October 2002with a program ro out over 12-36 months. 3. Establish a self- ~dire~t, ed technjcal;~leaming contel to allow employees to pursue 4. Design and facilitate a Productivity Initiative which seek,s to m.eC~imiZe recourse utilization reduce Cycle time, streamline:operations ~nd-ihc~'e~e:~ductiwt~ bv J:\S HRDATA\H R\W P\Corresoonde nce~,ARTH U R~Pa~cia Spcerd Appointment Contract Addendum.doc 11/09/01 VZ! - CITY MANAGER,S REPORT CITY OF BOYNTON BEACH !TEM A AGENDA ITEM REQUEST FORM Requested City Commission Meeting Datcs~ [] November 20. 2001 [] December 4. 2001 [] December 18.2001 Date Final Form Must be Turned in t6 City Clerk's Offick November 7. 2001 (5:00 p.m.) November 21. 2001 (5:00 p.m.) December 5. 2001 (5:00,p.mO Requested City Commission Meeung Dates [] Janua~' 15, 2002 [] February 5. 2002 [] February 19,2002 Decemberlg. 2001 /5:00p.rff.) [] March5.2002 Date Final Form Must be Turned in to City CIerk's Office January 3, 2002 (5:00 p.m.~ January 16, 2002 (5:00 p.m.i February 6, 2002 (5:00 p.m.) February 20, 2002 (5:00 p.m0 NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report ~ECOMMENDATION: Authorize staff to proceedto with the demolit on of the Old Mangrove Park High chool (125 E. Ocean Ave.) at a cost not to exceed $250,000. EXPLANATION: On May 15, 2001, staff recommended to the City Commission the demolit on of the Old.. Mangrove Park High School. At that time staff est[_mated that it wou d cost between three and ~ ve mflhon dollars to. rehabilitate the structure. A citizen s group, however, disputed this estimate and requested the preservation of the building, n response to these concerns, the Commission voted to delay action on the request to allow the group an opportunity to independently examine the building to determine the actual cost of renovation; as well as to raise funds for said renovation. Since that Commission meeting representatives of this citizens preservation group?and most recently the Boynton Beach Historic Society, have appeared before the Commission on three subsequent occasions to request additional time to raise funds to preserve the building. The most recent request occurred on October 16, 2001 when an architect's proposal was presented to tum the building into a ultural Center. Staff has reviewed this proposal and found no reason to alter its opinion relative to the demolition of the building. Since 1993 there have been a number of proposals for preserv ng the build ng. none of which pr0~;~d economicalI9 viable. Staff does not believe that this latest proposal, estimated to cost proposals: $4.7 million, is any more economically viable or can be supported by the proposed uses, than previous Nevertheless,. an effort has been made to determine the fees b ity and attendant costs associated with basedtransferringon building ownership to a private entity, such as the Boynton Historical Society. This is an assumpt on that funding for the rehabilitation of the building might become available at some future date. In the interim the Historical Society would have to insure and maintain the building in a secure condition. S:~BULLETIN~ZORMSX~kGENDA ITEM P~EQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM um from the City's Risk Manage~ out!fries the re.com~en~,e_d_ m!n!m,u,m_ The,nsuranceattachedand memorandperformance bond . req ulrements .... if bul[dln0 ownersh: p is, tr,an30sT errea000 er/neyear·mmlmum ~remiums ~nsurance would be between $28,000 and $ , P for property and liability · nce h stow of the building to derive an estimate of ongoing maintenance Research nto the maLnt~na , ~ ? ~,~'r~ +.. t,~,,.~n~-able staff, nO maintcnance of any r has roven unp~oouc~ve..~...-~.-,,? .......... ,~ --==~ ' ~ 'd f~rom the Para costs, howeve, P .'- . .. , - , ,; . i~di ,was ~ransferre consequence was performe(l by the.GitY :from ~.he t~me the bung Beach County School District. ins ection of the bu ding that a new roof would be requ?d almost However, t is evident fr~m an P - - Ac ord n to the architect s proposal :' ' from further moisture damage., c g immediately to proteC~ the lnt,e,.no.r . ~ ..,., ,,hi~ ,,,r,( rc. nlb, ceme~it cost would be approximately resented b the Boynton mls[oncal ou,.,??, .:,,.-. ,,?__ ~,~;~,.~.,. for the first year of any'transfer ~ Y s the bu~d ng s operat on ano maln[enan~u u...~,~ ~t.,,,- . "-;~--. ~r~di~:t future $171 000 Thu , . would be atleast' $guu,u.uu., '-'i~"~,"~':' ,.~'..',.... LqstoricAI Society or others wishing [o save me performance, therb iS.no ewde?c,e, tna.~ .me.~,~,,~.~,,. ',.'~,-e~-a~ for its~ rehabilitation. building are likely to be successful ' i of'the O d High :School will remove a fun, ctionally obsolete, rat. a,n.d fl.ea PROGRA~LMPACT: D.e. molit~on -..-; ,,;h[~ fh~t ha beer declared Unsafe by the Citys F~re nfested eyesore w th htr e or no n~sto.nc "*'"7__"~.~ ~a~s,~,, ~.~,SeUm a reC°enized h stodc structure, - le the 19~ 3 Schoolhou~ ~,-, ~.~ ......u , ~ ntation Marsha I. t w a so enab. - ..... ~- ...... ~n ~_~sent= iai first step toward, the ~mpleme to become visible from Seacrest Avenue ano servu a . of the proposed Town Square Project. sed and continue to deteriorate or the City could · · The buil(~ng could remain unu e C' 's Risk ALTERNATIVES., ...... ~.. · he,terms roposed by th ity transfer ownership to the uoynton Histor,cal Society, under t P Manager. Di~f'or'of l~velopment ~ : - Ci~yManager s Signature Depamnent of Development Department Name City Attorney / Finance / Human Resources S:~BULDE~RMSXAGENDA ITEM REQUEST FORM.DOC MEMORANDUM I~ROM: DATE: SUBJECt: The City of Boynton Beach, Florida Risk Management Department ~ed Hawkins ~istant City Manager ,'~ack Magazine ;~k Manager :~ember 6. 2001 z~lfi High School l recenlly Sl~oke.~vith~:Arenz, our bi-oker with Arthur J. Gallagher & Co. I requested an estimate on insurance coverage ~OJ;~ullding. under private ownership~ Her experience is with public entities, and a .:Coun~tmmiilga scc~rmt~r to an historical society. I provided her with the square footage of 27,860, and the appraisal ~n A~of $1,643,461.00. .. She estimated ~h~insurance rate would be $1.60 per hundred dollars of value, with a minimum ,premilma of~$26,3O~/0O:l~his would include a $5,000.00 deductible for all perils except wind. The wind woulfl, be at5%~ t~a'~ctible of $80.000.00. She proposed the general liability at $1M limit with a miaimum tmanium~Of~)500.00. This would result in a minimum premium of approximately $30.000.00 ~per.year. t also spoke wilh ~Bottcher from the Plastridge Agency. He advised similar levels of coverage with Ire lXOpeng'~e premium estimated at a minimum of $23.000.00 and liability insurance minirmma Ixemimu~.00. This would result in a minimum premium of approximately $28,000.00 peryear. ~IJe was.~c~r~re, however, if such coverages would even be available, If.we are inlemsted'.~in~g or turning the Old High School over to the Historical Society, I recommend the~follovAng.~ecluireml~ be put into any Agreement: Miriir~ur~i~mnce limits and coverages, as noted above, approved by the Risk Management Oepan~The City would be listed as "Additional Insured." 2. Dates e~tablished for beginning and completion of renovation. 3. HismgiC~ety purchase a bond in the amount of $250,000 for the CiB,. 'If~' : and/or completion dates are not met, ownership of the building and property revertst~ the City. The City will then collect on the bond to cover the cost of demolition. 5. It'lli~ ~ .~iety tries to sell the building and/or property, the City has first right of ref~ sal al the .o~.~pumhase price from the City. Please ~ if you ~rda~r information in this matter. cc: Kurt Bres~ne~ Manager Quintus t3me~evelopment Director Jim Ch~ttomey RM/OId itigh 'School Im.ll~ Requested City Commission Meetin~ Dates [] November 20. 2001 [] December 4. 2001 [] December 18. 2001 [] January 2, 2002 vrrI.-PUBLiC HEARING ITEM A. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FOR Iq rn uu Date FinalForm Must be Turned in to City Clerk's Office November 7, 2001 (5:00 p.m.) November 2l, 200I (5:00 p.m.) Decernber 5.20ffi (5:00 p.m.) December 19. 2001 ~5:00 p.nm) RequesTed City Commission Meetin~ Date~ [] January 15, 2002 [] February 5, 2002 [] February 19. 2002 [] March 5, 2002 Date Final Form Must be Turned in to CiW Clerk's Office January 3, 2002 (5:00 p.m.) January 16, 2002 (5:00p.mO Februa~y 6, 2002 (5:00 p.m.) February 20, 2002 '5:00 p.m.) NATURE OF AGENDA~EM [-- Admirfistrative [] Development Plans [] Consent Agenda E New Business [] Public Hearing [] Legal [] Bids [] Unf'mished Business [] Anrtoancemanr [] Presentation [] City Manager's Report RECOMMENDATION: Please place: ~ request on the November 20, 2001 City Commission Age~ Public Hearing. The Community Redevelopment Agency Board with a unammous vote, recommended that request be approved. It should be noted that s/nee the approved site pltm will also fulfill the master plan requk~m~n~6~?~he PUD rezomng, approval of the site plan is required to be a condition of this request. However, ~ven that the recommends that the site plan be tabled for continued review by the CRA Board in Dec~aber. sraffrecommen~that?~t/S~tem also b~ ta.bled so that its revie~ coincides with the review of the site (master) plan. Approval of the tabling by ConL~.~ .ssm would allow for the project to return to the Commissicm on their December t8, 2001 meeting. Fo~la~ pertaining to the request, see attached Department of Development Memorandum No. PZ 01-238. EXPLANATION: PROJECT NAME: AGENT: OWNrER: LOCATION: DESCRIPTION: DAKOTA LOFTS (LUAR 01-006l H. P. Tompklns Chan's Enterprises 3010 S. Federal Highway Request to reclassify the subject property from Local Retail Commercial and Low Density Residential to High Density Resident/al, and rezone from C-3 Community Commercial and R-l-AA Single-family Residential to Planned Unit Development (PUD). Th~ applic.a~, proposes to develop the property with nLneteen (19) three-story towa homes and related rote improvements. The site plan (NWSP 01-010) will be adopted as the master plan for the PUD. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A Deve p m artn ;,t D ec or Pla ' gand ~onni~I~rector City Attorney / Finance / Human Resources s :XBULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC MEMORANDUM NO, PZ 01-238 TO: FROM: THROUGH: Chatrman and Members Community.. ! :.. ent Agency Board Dick Hudson.} Planner Quintus Greene Director of Planning and Zoning DATE: October 29, 2001 Proj ecl/Applicant: Agent: PROJECT DESCRII~TION Dakota Lofts at BoYnton Bea6h, LLC H: P. Tompkins. Jr. of HPT Consultants, Inc. Location: Chans Enterprises, Inc. 3010 South Federal Highway (East side of Federal Highway approximately 300 feet south of the intersection of Federal Highway and Old Dixie Highway; presently the site of Sun Wah Restaurant,) File No: Land Use AmendmentfRezoning (LUAR 01-006) Property Description: Developed pro~oerty consisting of 2.00 acres, classified Local Retail Commercial (0.84 ac) and Low Density Residential (1 16 ac); and zoned C-3-Cormmunity Commercial and R-I-AA-Single-family Residential. Proposed changetuse: To reclassify the subject property from Local Retail Commercial and Low Density ResidentiaI to High Density Residential- and rezone from C-3- Community Commercial and R-i-AA-Single-family Residential to Planned Unit Development (PUD). The applicant proposes to develop the property with nineteen (19) three-story townhomes and related site improvements. The site plan (NWSP 01-0101 will be adopted as the master plan for the PUD. Adjacent Land Uses and Zoning: North: Developed multi-family residential (Colonial Club Condominiums) designated High Density Residential (10.8 du/ac) and zoned R-3-Multi-family Residential. South: Right-or-_way of Bamboo Lane (southern City limits) then developed property located in unincorporated PalmBeach County. Commercial property fronts on Federal Highway; fart_her east the intersection of Bamboo Lane and Palmer Road; still farther east are single family homes. East: Single-family homes designated Moderate Density Residential (7.26 du/ac) and zoned R-I-AA- Single-family Residential. West: Right-of-way of Federal Highway then developed commercial property both within the City of Boymon Beach and in unincorporated Palm Beach County. On the north is a developed strip shopping center designated Local Retail Commercial and zoned C-3 Community Commercial: property south of this is in unincorporated Palm Beach County. Page 2 Dakota Lofts File Number: LUAR 01-006 Staff Report PROJECT ANALYSIS Chapter 163, Florida Statutes requires that in order for an amendment ro the Future Land Use Map to qualify as a "small-scale" amendment, the property must be less than~ 10 acres in size, If the amendment involves a residential land use, the density must be 10 dwelling units or less per acre. An exception to the density limitation is permitted if the property is m an area designated in the comprehensive plan for urban infill, urban redevelopment or downtown revitalization. Even though the requested density for the site ~s greater than 10 alu/ac, the parcel is less than I0 acres in · considered an urban size, is located within thc expanded Community Redevelopment Area, and would be redevelopment project. The subject property contains 2.00 acres, and therefore qualifies as a "small- scale" amendment. A "small-scale" amendment is adopted prior to forwarding to the Florida Deparunent of Community Affairs and is nor reviewed for compliance with the state, mgienal and local comprehensive plans prior to adoption. The criteria used to review Comprehensive Plan amendments and rezonings are listed in Article 2, Section 9, Administration and Enforcement; Item C Comprehensive Plan Amendments;',Rezonings. These criteria are required to be part of a staff analysis when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Map. a. Whether the proposed rezoning would be consistent with applicable comprehensive plan policies including but not limited to, a prohibition against any increase in dwelling unit density exceeding 50 in the hurricane evacuation zone with, out written apprloval of the Palm Beach County E~nergency Planning Division and the City s risk manager. ~, ,e planning department shall also recommend limitations or requirements, which would have to be zmposed on xubsequent development of the property, in order to comply wiih policies contained in the comprehensive plan· Policy 1.12.1 of the Land Use Element reads: "The City shall adopt and enforce regulations to notify and shall solicit the corranents of the Palm Beach County Division of Emergency Management and the City's Risk Management Officer. prior to appromng any increase in residential densities in the Hurricane Evacuation Zone above the maximum densities allowed in the Coastal Management Element, if the proposed density increase would result in an increase of 50 or more dwellings. The City shall request that these density increases be evaluated with respect to the Palm Beach County Comprehensive Emergency Management Plan. The City shall consider these comments, prior to issuing a development order for the project, and shall not approve density increases which would substantially .impa/r humcane evacuation." The subject property is located on the east side of South Federal Highway and is located in the Hurncane High Hazard zone, requiring evacuation in the event of a Category 1 Hurricane on the ~Saffir/Simpson Scale. The proposed land use amendment and.rezoning will increase the dwelling '~nit density to 10.8 umts per acre for the entire 2.00 acre s~te. For the subject parcel, this increase will allow a maximum of 21 dwelling units to be conslructed, failing Below the 50 unit level that requires coordination with the Palm Beach County Emergency Management Planning Division. As stated above, the subjecI property is comprised of two parcels: a 1.16 acre parcel designated Low Density Residential and zoned R-l-AA-Single-family Residential; and a 0.86 acre parcel designated Local Retail Commercial and zoned C-3-Community Commercial. The City's land development Page 3 Dakota Lofts File Number: LUAR 01-006 Staff Report regulations allows land designated as C-3 Community Commercial to be developed for multi-family res!d, enfia~,~ at a deasity of i0.8 du/ac, which wo~d alk~w th~deyelopment 0£9 un/ts. The res!,aentmn~-.neSkgna~ed parcel 9oU!d be develpped Under:its presen~t des~gna~tion wi~.an~additional 6 units, proviclinga tOtal of 15 units. Only four ~ts~eWer than is planned under the cutrent~proposal. Under ,the current ,~esiguatiun~,,., however, the propelS.could oniy be ~devei°Ped £or multi-£a~nily development, not ~fee simple townhomes. Policy 1.19.7 of the Land Use Element reads: "The City shall continue to change the land use and zoning to,permit only resident/aC or other rton-co.~:, etcm!~usesm areas ~w,,here~the d~d~for commercial as~ will not increase, particularly in, the'Coastal Area The proposed amendment, to replace commercml use with a residennal classification is consistent with Policy 1.19.7 of the ComPrehmmive Plan. The subject property is located in Planning Area V (Entrances to the. City) in the Federal Highway Corridor Communitv Redevelopment Plan whichwas adopted by the city on May 16,200t. Theplan's recommendations for this planning area in~Iude the following: ~ "Encourage a variety, of housing. Develop intensity standards that allow for a variety of housing styles and types at intensities that will assist m supporting the downtown area and genial econormc expansion." (p. 80); and "Require a transition m the.adjacent gateway neighborhoods. Create development standards /n the city entrance communities that establish a logical transiti6n to the gateway communities. Building scale, mass/ag andiplacement should be tess intense than that of the adjacent planning areas, but substantial enough to announce an arrival in the City." (p. 8 I) The request is consistent with the cited recommendations. t~hether the proposed rezoning would be contrary to the established land use pattern, or would create an isolated district unrelated to adjacent and nearby districts, or would constitute a grant of special privitege to an individual properry owner as contrasted with the protection of the public welfare. The proposed land use amendment and rezomng would not create an isolated district but would relate to the adjacent land to the north that is designated High Density Residential and zoned R-3-Multi2family Residential. For compar/son, the property [Colonial Club CondorniniamsJ is developed at an actual density of 21 du/ac. c. Whether.changed or changing conditions make the proposed rezoning desirable. The requested land use amendment and rezoning are desirable in their support of the Eastward Ho! Initiative, which grew out of the Governor's Commission for a Sustainable South Florida. In its October 1995 initial report, the initiative recommends an increasingly active effort to redirect development from areas next ro the Everglades toward Southeast Florida's existing urban core. One of the program's main objectives is the restoration and redevelopment of the eastern urban areas to provide housing oppommities for the future population growth in areas where adequate infrastructure capac/ty exists Higher densities and increased population in the eastern areas will also provide support for economic revitalization and downtown redevelopment. Page 4 Dakota Lofts File Number: LUAR 01-006 Staff Report As cited above, these are also objectives of the City's adopted redevelopment plan for the Federal Highway Corridor. d. g,'hether the proposed use would be compatible with utiliry sysrems, roadways, and other public facilities. The proposed land use amendment and rezoning would increase the total number of dwelling units allowed on the property from 15 to 21; an merease of only six (6) units. This would not create any unanticipated demands onthe water and sewer systems serving th~s area. The Palm Beach County Traffic D/viston has reviewed the traffic statement for the project and has determined that the project meats the Traffic Performance Standards of Palm Beach CounW. With respect to solid waste: the Solid Waste Authority has stated, in aletter dated January 8, 2001, that adequam capacity exists to accommodate the county's municipalities throughout the 10-year planning period. Lastly, drainage witl also be reviewed in detail as part of the approval of the site plan and must satisfy all requirements of the city and local drainage permitting authorities. e. Whether the proposed rezoning would be compatible with the current and furure use of adjacent and nearbyproperties, or would affect the proper~y values of adjacent or nearby properties. As stated above, the requested land use amendment and rezoning would constitute a continuation of the land use and zoning of the adjacent property to the north of the subject site. The requested changes would also serve to increase the range of housing opportunities available in the redevelopment area. At the same time. it will increase allowed residential density adjacent to ex/sting single family homes. f. Whether the property is physically and economically developable under the existing zoning. Yes, that portion of the property designated "commercial" is currer~fly developed under the existing land use designation and zoning, and could be redeveloped for a wide range of commercial uses or residential development at a density of up to 10.8 dwelling units per acre. The rear portion of the property, designated as "residential" currently serves as a parking lot for the commercial (restaurant) use and could be developed with single-family homes. g. Whether the proposed rezoning is ora scale which is reasonably related to the needs of the neighborhood and the city as a whole. The requested land use amendment and rezoning present the opportunity for redevelopment in a b_ighly visible entrance corridor to the City and will also provide support for economic revitalization and downtown redevelopment. h. Whether there are adequate sites elsewhere in the city for the proposed use, in districts where such use is already allowed. There are a limited number of sites elsewhere in the city where residential development could occur at a density of 10.8 du/ac; however, those sites do not offer the opportunity for redevetopmem and infiI1 development that this location affords. Nor would development of those available sites serve m promote the goals of the Community Redevelopment Agency and the Federal Highway Corridor Community Redevelopment Plan. Page 5 Dakota Lofts File Number: LUAR 01-006 Staff Report PROPOSED MASTER PLAN The applicant ts prop0smg to rezone the subject prope~ from C-3 (Community Commercial) and R, 1- AA (Single fan*21y Re. sid~lial).to Planned ~nit De~e!opment., As defined W/tl~in Chapter 2~5-Planned Unit Developments of the Land Development Regdlht~ons; a planned trait developm~mt~ ' Is land under unified control, planned and develop~ed as a whole ma single.development operation 03. an.approved programmed serie~ of devel°Pment operations for dwelling un/ts and relafed uses and faailities: Includes pzin,ci~:,and ~¢cessp~ uhe.~ and s ~t~..emres Substant/ailyrelated to.the character of the developi2eht itg~IF an~t tile ~u~uti/2ing.a~ea of.which it ~s:a p~ Is de~e!?ped a,c¢o[ding to con~re)ensive and dCt~/i~ed;p!ans wl-deh ~clude streets, utilities, lots, building sites fin~ ~like and site~i3[ans, flo°r t3}ans and ~lev~ifiOnS for ail buildings except for single f~mily hdn~es'}ntended to b~ i0~ted, co~strUctedi!used3 and related to ofie ~n0ther and detailed plans fo[other uses anfl improvements on the land related to !the buildings; ' Includes a program for full provision, maintenance, and operation of such areas, improvements, faciIities,'arid ~ development but Will not be provided, ~perated, or maintained at public expense." Due to intended differences between individual PUD developments, which result from the variety of uses and amenities within a PUD, and physical character of the site, subm/trai'ofa site development master plan is requ/red a~ the time'of request for zoning to PUD. The proposed site plan (NWSP 0t-010), which is being processed concun'ently, is attached (Exhibit "B") and will become the master plan to the zoning of the land and contains, in part, specific site standards for future development of the parcel. The proposed PUD consists of 19 single-fam/ly townhouse dwellings. The dwelling units are to be located in three separate buildings; each unit will contain three bedrooms. Parking for each unit is provided in a two-car garage. Five additional parking spaces for guests are provided adjacent to the proposed swimming pool area. Each townhouse~will be located on a fee?simple, plated lot delineated by the footprint of the bt~ding. The baiance of the parcel will be common ground owned and maintained by the Homeowners Association. Distribution of uses for the site is as follows: Residential area 1.38 acres Recreation area 0.I4 acres Water area (canai) 0.48 acres Residential building coverage 0.60 acres Pavement/driveways 0.27 acres Landscaped areas 0.51 acres 69 % of site 7 % of site 24 % of site 30 % of site 13.5 % of site 25.5 % of site The following building and site regulations proposed for the project are as follows: Minimum perimeter setback requirements Front Side Rear Minimum living area: Type A Unit: Type B Unit Maximum structure height: Maximum gross density: 20 feet 20 feet 25 feet 3,854 square feel 2,775 square feet 38.0 feet 9.50 units/acre Page 6 Dakota Lofts File Number: LUAR 01-006 Staff Report -~-dte the property fronts on South Federal Highway a single access to the development is proposed from Bamboo Lane. A 20-foot wide ingress, egress and ut~ity easement.traverses .the property, from north. To south (parallel to Federal Highway). This easement would provide internal mrculanon to the residents and also preserve access for the occupants 0fthree single-family homes located to the east and north of the subject property. CONCLUSIONS/RECOMMENDATIONS A's indicated herein, this request'is consistent with the intent of the Comprehensive Plan: wilI not create additional impacts on infrastructure that have not been anticipated in the Comprehen~sive Plan and will he compatible with adjacent land uses. It will represent redevelopmen~ and enhancemdnt o~the Federal Highway Corridor, w/Il contribute to the overall econom/c development of the City and will increase the range of housing opportunities for resident~ of Boynton Beach. Therefore, staff.r~o ~m~ ends th.az the subject request for land use amendment and rezoning/master plan be approved. If the ~ommumty Redevelopment Agency Board or the City Commission recommends conditions, they wilIbe included within Exhibit "C". ATTACHMENTS LOCATION MAP EXHIBIT "A" R3 ¸C3 NOT EX B T "C" CONDITIONS OF APPROVAL Project name: Dakota Lofts File number: LUAR 01-006 Reference: Land.Use Amendment/Rezoni t LUAR 01-006) PUBLIC WORKS X Comments: NONE UTILITIES Comme~ats: NONE X FIRE Comments: NONE X POLICE Cnmments: NONE X ENGINEERING DMSION , Comments: NONE X BUILDING DIVISION Comments: NONE X PARKS AND RECREATION Comments: NONE X FORESTEPTENVIRONMENTALIST ' Comments: NONE PLANNING AND ZONING X 1. As the master plan requirement for the proposed PUD rezoning is to be fulfilled by the approved site plan, the approval of the project site plan is a condition of rezoning/master plan approval. ADDITIONAL COMMUN~r'f REDEVELOPMENT AGENCY CONDITIONS Camments: NONE X ADDITIONAL CITY COMMISION COMMENTS Comments: To be determined. S:LPlannm~SI4ARED\WP~PROJECTS[D~OTA LOFTSkLUAR\CONDITIONS OF ~O~IcE OF PUBLIC HEARING ........ NOTicE OF LAND USE AMENDMENT NOTICE OF REZONING NOTICE IS HEREBY GIVEN that the Commumty Redevelopment Agency Board of THE CITY OF BO'~'NTON BEACH. FLORIDA. will conduct a PUBLIC HEARING, on Tuesday, October 9, 2001 at 6:30 P.m. n the CITY HALL COMMISSION CHAMBERS, 100 East Boynton Beach Boulevard, to consider this request SuUmitted by H. P. Tompkins. Jr. on behalf of Dakota Lofts at Boynton Beach, LLC. The City Commission of THE CITv OF BOYNTON BEACH. FLORIDA, will also hold a public hearing to consieer this request on Tuesday October 16, 2001 at 7:00 P,m., or as SOOn thereafter as the agenda' requestPermits isatdescrioedthe CITYasHALLfoiiows:COMMiSSiON CHAMBERs, 100 East Boynton Beach BoUlevard. The LOCATION: REQUEST: REQUEST: Rezone: East side of Federal Highway approximately 300 feet south of the intersection of Federal Highway and Old Dixie Highway (3010 S. Federal Highway) formerly the site of the Sun Wah Restaurant. Amend the Comprehensive Plan Future -and Use Map: From - Local Retail Commercial CLRC) and Low Density Residential (LDR) To- High Density Residential (HDR) From - Community Commercial (C-3) and Single Family To - Residential (R-l-AA) Planned Unit Development (PUD) PROPOSED USE: Townhouse construction (19 units) DESCRIPTION: _ Three parcels of land, as shown below, conta niog a total of 2.00 acres;, egal'descHption is on available for viewing Jn the Planning and Zoning Division. - - fife and (Insert map here) /~~ ~] . ~ENT Off OEVELOPMEN,i I This request can be viewed between the hours of 8:00 a.m. and 5:30 p.m. at the City of Boynton Beach Planning and Zoning Division, 100 East Boynton Beach Boulevard, personAJJ intel;estedwho,decides.toParties are nOtappealfled to anapPearde'at said headogs in person, or by attorney and be heard Commission:.~.wlth ~Y .cls~on..of the Planmng and!Devel ~. A.n.y respect to any matte, conslaered at the ........ L ,..opment Board ,~, c~ty ~ ~==[~lgS Will nee0 a recorO of the proceedings and for such purpose may need to ensure that a verbatim reCOrd- of the Proceedings 'is made,.;, which-~'~cordh t~.". . . includes the testimony and evidence upon which the appeal is to be based. F umlsh:.appropriate auxiliary aids and services where necessary to afford an individ~Jal with ~ disabili.ty'an equa opp0rtunitv to participate in and enjoy the beneffiS of a service, program, or activity condu~;[e~f by the City; PleaSe contact Patdcia Tucker ('661) 742-6268. at Yeast tWenty-four (24) hours prior to the program or activity in order for the City to reasonably accommodate your request. PUBLISH: The Pos~ Seotember 29. 2001 and October §~ 2001 CiTY OF 8OYNTON BEACH PLANNING AND ZONING DIVISION (561) 742-6260 VIII.-PU, BLI¢ H£ARING CITY OF BOYNTON BEACH: ITEM B. [. AGENDA ITEM REQUEST FOR IqO "' ,t4:O0 Requested City Cormmssmn Meeline Dates [~ November 2(~, 2001 [] December 4, 2001 [] December 18, 200i [] 1anuary 2. 2002 Date Final Form Must be Turned m m CiW Clerk's Office November 7.2001 (5:00 p.m.) November 21. 2001 (5:00 p.m.) December 5. 2001 (5:00 p.m.) December 19, 2001 (5:00p.m.) Requested City Comrdssion Meetin~ Date~ [] January 15. 2002 [] February 5. 2002 [] February 19, 2002 [] March 5, 2002 Date Final Form Must be Turned in to City Clerk's Office January 3, 2002 (5:00 p.m.) January 16, 2002 ~5:00 p.m.) February 6, 2002 (5:00 p.m.) February 20, 2002 (5:00 p.m.) NATURE OF AGENDA ITEM ~ Administrative [] Development Plans [] Consem Agenda [] New Business [] Public Hearing [] Legal [-- Bids [] unrra/shed Business [] Announcement [~ Presentation [] City Manager's Report RECOMMENDATION: Please place this request on the November 2~, 2001 City Commission Agenda under Public Hearing. The Community Redevelopment Agency Board with a unanimous vote, recommends that the subject request be approved Subject to 1 } the reduction La the mum size requirement for a grocery store fi.om 15,000 square feet to 10,000 square feet and 2) reduction of the mmimmn size parcel for a hotel if it is a part of a mixedused development. For further details pertaining to the request, see attached Depamnent of Development MemorandumNo. PZ 01-243. EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: FEDERAL ItIGEIWAY CORRIDOR City of Boynton Beach Numerous property owners. Federal Highway Corridor segment located between the C- 16 canal on the north and Woolbright Road on the south, bounded by the Intracoastal Waterway on the east and the fight-of-way of the Florida East Coast (FEC) Railway on the west. Request proposed Zoning Regulations for Mixed Use and Mixed Use Low zoning caregofies, consistent with the recoirunendations of the Federal Highway Corridor Redevelopment Plan. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A ~ty anager s S~gmtu~e Planningand Zon(m~ Director City Attorney / Finance / Human Resources S:~Plannin g~SHARED\WP~P ROJECTSWederal Highway Corridor Redevelopment Plan FolderkAgenda Item Request Fed Hwy US l Cozridor Mix Use PZ01-243 11-20-01.dot S :qEIULLETINXFORMSLttGENDA ITEM REQUEST FOiLM.DOC DEVELOPMENT DEPARTMENT PLANNING & ZONING DIVISION MEMORANDUM NO. PZ 01-243 TO: FROM: Tt-IKOUGH: Chairman and Members communi~evelopmem: .~ Agency Board Dick Hucl~ Senior Planner Quintus Greene Director o f Planning and Zoning DATE: November 1,200t Project: PROJECT DESCRIPTION Proposed Zoning Regulations for Mixed Use and Mixed Use Lo;v zoning categories, consistent with the recommendations of the Federal Highway Corridor Redevelopment Plan Agent: Location: City of Boynton Beach Federal Highway Corridor segment between the Boymon (C-16) Canal on the north and Woolbright Road on the south, and lying between,the Intracoastal Waterway on the east and the right-of-way of the Florida East Coast (FEC) Kailway on the west. BACKGROUND In January 2001, the City adopted text amenrnnents to the Comprehensive Plan to enable the preparation of redevelopment plans as recommended by the ~ 20/20 Redevelopment Master Plan. The City Commission adopted the first of those redevelopment plans, the Federal Highway Corridor Community Redevelopment Plan, on May 15, 2001. As the first step in the implementation process, the proposed land use amendment was transmitted to the FloridaDepartmem of Community Affairs (DCA} follo;ving a public hearing on July 17, 2001. DCA's Objections, Recommendations and Comments (ORC) Report was received on October 5, 2001, and staffis now preparing its response, m anticipation of adoption of the amendment in December. The proposed changes ro the.Land Development Regulations rename and amend the existing regulations for the Central Business District (CBD) zoning district and create a second and less intense zoning district similar to the existing CBD regulations. These districts are proposed to be called Mixed Use (MU) and Mixed Use Low (zMU-L). The ne;vly created and less intense zoning) district (MU-L will be applied to Planning Areas 1~ and IV of the Redevelopment Plan, which consists of those properties that lie west of the Intracoastal Water~vay and east of the Florida East Coast (FEC) Railway in two areas flanking the existing CBD (.Area tll). The first is situated between the C-16 canal and NE 6th Court, north of the CBD (Area II); the second is situated between SE 2nd Avenue and Woolbright Road to the south of the CBD (Area tVS. The Page 2 Federal Highway Corridor Zoning Code Amendment new zoning regulations, in parr, are intended to preserve existing and established neighborhoods, phase out undesirable intensive commercial uses, and establish progressive lot restrictions to optimize land utilization and pedestrian environmenm. Please note that Planning Areas I and V are not addressed bythe proposed districts and corresponding regulations. Although the redevelopment plan contains specific recommendations for these t~vo areas, this package of proposed amendments to the zoning code correspond with the amendments m the future land use plan map, and are timed to be adopted simultaneously. Anyplan recommendations, applicable to areas I and V~ alongwith specific design guidelines for the corridor, will be processed in a future zoning code amendment. ATTACHMENTS EXHIBIT "A" Chapter 2, Sec. 5. Division L shall be known as me "Federal Highway Corridor District." Sec.5.L.l. Purpose and Intent. (a) purPose and Intent~. The distr:[ct is intended to guide developmer~t and redevelopment n a logical hierarchy that will result in the preservation qf residential areas white promoting the viab!li~ and success of ..... :--- '~- -,.'~*-,~, =~ ,~;-,--,4ed ~0 im~ieC~nt th~ ~ecohi~endationS contain&d in tfie 'Federal .HighWay ~:~oWrn~°oW~n~¢~:~::~l~:l~:: Plan. ~eClfioall. y. the d,stn~t is intended to accompl,sh the follow,rig 1. Result in an improved living and working environment relative to typical highway development patterns. 2. Enhance the City's tax base by increasin~ property values th~-ough better ~uality developmeqt, and promoting and assisting the development and redevelopment of the downtown. 3. Encourage the City's development and redevelopment efforts ih the downtown by providing a range of style and size of housing units to attract a support population. 4. Create surrounding areas that complement rather than compete with the downtown area. 5. Encourage visual intereat by accenting buildings and visual landscapes rather than parking facilities and vehicle related uses. 6. Promote land uses that are primarily destination uses -ather than those that cater to passing automobile traffic. Sec.5.L.2. Use Zones, Uses within the Federal Highway Corridor District are governed by planning areas defined in the Federal Highway Corridor Community Redevelopment Plan as adopted May 15. 2001. Regulations for the planning areas are implemented through two "use zones": Mixed-Use (MU) and Mixed-Use Light zones (MU-L). Permitted uses and associated standards for development vary between use zones, each reflecting the imoortance of the zone's location in the corridor and its relationship to the downtown. -Sec.5;L.3. Permitted, Restricted and Prohibited Uses. The following table identifies the permitted, restricted and prohibited uses within the Federal Highway Corridor District. Uses are classified as Permitted (P) Restricted (R) or Not Permitted IN). Restricted uses are followed by a numeral that corresponds to a footnote below the table. Each footnote explains restrictions associated with the use. The Planning and Zoning Director or designee shall have the d[scration to permit uses that are not specifically listed but are similar to uses that are expressly permitted arovided, however, such uses are not expressly identified as conditionally permitted or not permitted in any zoning district within the City. USE GROUP/USE RESIDENTIAL OR LODGING USE GROUP Bed and Breakfast Hotel Home Occupation Mobile Home Motel Residential, Single Family Detached Residential, Single Family Attached Residential, Multi-Family Boarding and Rooming House (except where provided by state law) Accessory Unit COMMUNITY FACILITY USE GROUP Government Office/Civic Center/Library Recreation (indoor or outdoor) Museum House of Worship Police or Fire-Rescue Station Post Office Branch Public Park Public Parking Lot or Garage OFFICE USE GROUP Banks, Financial institutions Medical or Dental Clinic Medical or Dental Office Physical Therapy Clinic Professional Business Office Veterinary Office or Clinic SALES AND GENERAL COMMERCIAL USE C- ROUP Permitted/restricted anywhere within the MU zone; within the arterials. Alcoholic Beverage Package Store Animal Boarding or Kennel Animal Grooming Animal Sales Ammunition or Firearm Sale or Rental Arts, Crafts, Hobby and Framing Auction House Automotive Parts Sales Automobile Sales Bakery, Retail Boat/Marine Sales/Rental Boat,'Marine Accessories Bookstore Building Supplies or Materials Bus Terminal New Clothing, Shoes or Accessories Boutique Contractor's Office/Equipment S[orage MU-L ZONE MU ZONE R(8) N R(8) P P P N N N N P N P R(1) P R(2) N N P N P P P R(3) R(4) R(5) P P R(10) P P P P R(6) MU-L zone only on R(6) N N N N R(6) N R(13) R(6) N R(6) R(6) N N R(6) N Federal Highway Corridor DisuSct DRAFT of September 1. 2001 Page 2 N N P R(3) P R(5) P P R(10) P P P P N lots fronting on major N N N N R(6) N N R(13) R(6) R(14) R(6) P N N R(6) N USE GROUP/USE SALES AND GENERAL COMMERCIAL USE GROUP CON'T. Coffee Shop Convenience Store CusTom Furnishings and Antique Stores Cyber-caf~ Delicatessen Dive shop and Insu'ucfion as AccessoW Use Drug Store or Pharmacy Grocery Store, Supermarket Florist HerdWare Store He~th Fooe Store I-{c~me improvement Centers - Yard ~ or Display - Commercial Vehicles Lotor Garage, Pdvate Ownership Sales, Rental Service, Parts or Repair ~ and Photographic Supplies w/Drive Thru Sit-Down and Confections Goods M~e or Marine Customizing, Detailing, Service, Parts or%~pair veh,~e or Marine Trailer Sales, Rentals, Service, Repairs and Storage vehi(~ e Service Station w/Gas Sales Video Rental Wholesale MU-L ZONE R(6) R(6) R(12) R(7) R(6) R(6) N N R(6) N N R(8) R((13) R(6) N R(8) R(6) R(6) N R~) N p~r~itted/restdcted ~-ywhere within the MU zone; arterials. Barbershop/Beauty Salon/Day Spa Dance Studio Dressmaker or Tailor Drycleaner Fitness Club Funeral Home Hospital Labor Pool Establishments Laundromat Medical Outpatient Facility Nursery, Preschool or Child Daycare Nursing or Convalescent Home Photocopy Center Self-Storage or Mini Warehouse within the MU-L zone omy on MU ZONE P R(6) R(6) R R(6) P R(3) R(7) P N N ~(6) N R(8) R(6) R(6) N P R(6) R(6) R(6) N N R(6) N lots fronting on major R(6) R(6) R(6) R(6) R(6) R(6) R(9) R(9) R(8) R(6) N N N N N N R(6) N R(8) R(8) R(6) N N N R(6) R(6) N M Federat Highway Corridor District DRAFT of Septeraber t. 2001 Page 3 USE GROUP/USE SERVICE USE GROUP CON'T. Shoe Repair Tattoo Parlor/Body Piercing MU-LZONE MU ZONE R(6) R(6) N N ENTERTAINMENT USE GROUP Adutt Entertainment N Bar, Cocktail Lounge . R(8) Billiard Club/Bowling Alley/Indoor Recreation Facility R(8) Bingo Hall N Fortune Teller N Movie Theater N Night Club N Pen~orming Arts Theater N Private Clubs. Lodges and Fraternal Organizations R(8) AC_~ESSORY USE Drive-Thru Facility (other than accessory use to financial institutions and restaurants) R(10) N P R(6) N R(8)R(3) R(8) P R(8) N R(1) Must be integrated into a mixed-use development that includes a non-residential component that compromises a m~nimum of 30 percent of the gross floor area of the entire development, constructed within the same structure in which the residential component is located. R(2) Allowed as a permitted use if the entire ground level floor is devoted to office or retail uses. Otherwise, use is a conditional use. R(3) Use shall be subject to the following distance separation requirements, measured in a straight line. using the shortest distance be~veen property lines: For uses with less than 5,000 square feet of gross floor area. 750 feet. For uses with a gross floor area equal to or greater than 5,000 gross square feet, 1,500 feet. R(4) Subject to setback and buffering reqbirements. R(5) Storage of postal vehicles prohibited. Maximum gross square footage of structure shall not exceed 2,500 square feet. R(6) Must be integrated into a commercial or mixed use development and nor exceed 30 percent of the gross floor area of the entire development, constructed within the same structure as the remaining commercial or mixed use developmem. R(7) Gross floor area of grocery store must be a minimum of 15.000 square feet and a maximum of 30,000 square feet. R(8) Requires Conditional Use approval. R(9) On-site drop-off and pick-up only. Must be integrated into a commercial or mixec use development and comprise a maximum of 30 percent of the gross floor area of the entire development. constructed within the same structure as the remaining commercial or mixed use development. R(10) Drive-thru facility, including stacking lanes, must be screened from public right-of-way and requires Conditional Use approval. R(11) Shall comply with provisions of Chapter 2, Sec.11 .L. pertaining to retail sale of gasoline or gasoline products. R(12) Not permitted 'on property with Federal Highway Frontage in the MU-L Zone unless consistent with Restriction Footnote number Six I6). R(13) No outdoor storage/display allowed. Indoor storege/display not to exceed 10,000 square feet R(14) In conjunction with a permitted marina use. Storage/display ailowea only in we[ docks or indoor no[ to exceed 10,000 square feet. Federal Highway Corridor DisU-ict DRAFT of September I. 2001 Page 4 Sec.5.g4. Minimum Parcel Requirements A. M nimum Lot Area Res dential Or L0dqinq Use Group Hotel Res dent a, Single Family Detached Residential Single Family Detached w/Accessory Unit Residential,. Single Family' Attached Residential, Multi-Family MU-L ZONE MU ZONE ..- 3 acres 5,000 sq, ft. --- 7,500 sc. ft. --- 7,500 sq. ft. 65,000 sq. ft. 15,000 sq. ft. 20,000 sq. ft. Community Facility Use Group Publi6 Pa~k Alt other Use. no minimum 10,000 sq. ft no minimum 10,000 sq. ft, Al. Minimum Living Area Single Family Detached Ail other Residential Accessory Apartment 1,000 sq. ft. --- 750 sq. ft. 750 sq, ft. 750 .sq. ft. -- B. Minimum Lot Frontage Residential Or Lodqinq Use Group Residentia, S ngle Family Detached Residential, Single Family Attached (Duplex) Residential, Single Family Attached (Townhome) Residential, Multiple-Family All Other Uses 50 ft, --- 75 ff --- 25ft 100 ft. 100 ft. 100 ff. 100 ft. MU-L ZONE MU ZONE Sec.5.L.5. Height A. Maximum Height Residential Or Lodqinq Use Group Residential~ Single Family Detached Residential, Single Family Attached (Duplex) Residential Single Family Attached (Townhomes) All Other Uses 'Maximum height at front property line is 35 ft. Add a minimum 10ff of stepback for every additional 50 ft of height. 35ft. --- 35 ff -- 35 ft --- 75 ft.* 150 ft.' B. Minimum Height 35 ff.' 35 ff.** Multiple stow buildings are encouraged within the Federal Highway Corridor District, particularly along arterial roadways. The intent of this provision is m create the appearance, or sfmulate the intensity of, a minimum two (2} stow building. *Applies to any fagade'with Federal Highway frontage. *'Applies to any fa(;ade with street frontage. MU ZONE U-L ZONE Sec.5.L.6, Minimum Pervious Area Community Facility Use Group ... :ubiic Parking Lot or Garage Residential Or Lodq nq Use Group 40% Residential, Single Family Detached 30% Residential, Single Family Attachec Federal Highway Corrido~ District DP.2~FT of Scptcrnbcr 1, 2001 Page 5 15% Sec.5.L.6. Minimum Pervious Area, Con't. All Other Uses .U-L ZONE MU ZONE 20% 15% Sec. 5.L.7. Minimum Setback Requirements .Front Yard . - _ Residential Or Lodq ne Use Group Residential. Single Fam y Detached build to line 10 ft.* Residential, Single Family Attached bu dto ne ,Residential, Multi-Fami y build to line 10 ft.* ~norches may be placed forward of the bud to line and shall aJntain a minimum 2 foot setback from any public sidewalk. Porches shall be placed outside of clear sight triang e Minimum setback for a garage facing or accessing the street is 20 feet. "projecting feature(s) such as awnings, balconies, porches and/or stoops shall be placed forward of the build4o line and shall maintain a minimum 2-foot setback from any public sidewalk. All (~her Uses incJudinq mixed use with a sinq e-family attached corn, onent--build-to line 10 flor 15 ft*" ft.. 0 'The area forward of the build-to line shall contain a 7-foot sidewalk with the remainder lanc~scaped. "cne or more projecting feature(s) such as awnings, balconies, colonnades porches and/er stoops required forward of the build-to line and shall maintain a minimum 5-foot cleacance from any vehicular use area. EIements projecting over a pedestrian walkway shal~ allow a minimum 9-foot verticai clearance and 5 foot horizontal pedestrian clearance. MU-L ZONE MU ZONE 0-15 ff. Side Yard Residential Or Lodqinq Use Group Residential, Single Family Detached, interior Corner' Residential, Single Family Attached IDuplex) End Comer' Residential, singte Family Attached (Townhomes) End Corner* Residential, Multi-Family 'plus one addtk foot for each foot of height over 45 ft. where adjacent to an existing single-family detached dwelling, less width of right-of-way. "plus one addtL foot for each foot of height over 45 ft. where aajacent to an existing single-family (~etached dwelling, less width of right-of-way. MU-L ZONE MU ZONE 6ft, 15ft lOft. 15ft. 10ft 15ft. 20 ft.' 20 ft." Federal Highway Corridor District DRAFT of September 1, 2001 Page 6 Sec. 5.L.7. Minin~um Setback Requirements, Con't. Side Yard All Other Uses Adjacent to Residential Single Family Attached or D~tached inthe MU-L Zon~ *p us one addtl, foot for each foot of height over ~5 ff. less width of right of way Adjacent to Other Uses MU-L ZONE 25 ft.* (~ ft.* R~ar Yard ' .......... Resider~tial Or Eoddinq Use Group -- All ~Residedtlaii Where ,Yard iS Adjacent to Intracoastal 25 ft. Waterway 7.5 ft. Residential, S ngle Fami y Detached · Residential, Sihg!e Family Attached 7.5 ff. · Re. sidential, Multi-Family 25 p us on~ addit onal foot for each foot of height over 45 ff.. v~here within or abutting the MU-L Zone All Other Uses -- Where Ya'~d, s Adjacent to Intracoastal Waterway 25 ft. Where Yardqs Adjacent to Res dent a 40 ft.* *plus one additional foot,far each foot of height eve~r 45,~ within or abutt ng the MU-L Zone 0 ff.* .W=~ere yard is Adjacent to All Other Uses F[ftaer~ (1,5) feet abutting a street, 10 feet abutting an alley. MU zONE. 25ft. 25 ft.' 12ff. 40ff.* same ~evelepment standards as all other uses, ~es ; reserved for nonresidential uses Nonresidential uses within ocated on the ground floor, w~lch shall be r their compatibility w'th residential uses Im°ixed reside~tiaVnontesidentlal structures shall be evaluated fo trate compatibility based upon use-type, construction materials, ocated On upper floors: and s.h~ll d_e_.m.,o~n=s~.~,t floor, and other factors as determ,ned appropriate g,ven the floor plan and site ayou~, use or [ne n~xL .,u,,~o ' ' ' type of use. Sec.5.L.9. Building Placement, Massing & Orientation Structures lining Federe Highway and Ocean Avenue within the MU Zone shall occupy the entire width of the parcel they are located upon, notwithstanding corner side setbacks and clearance neede~ for a drive that may be required to access the rear of the property, Sec.SL.'10. Landscaping · Chapte~ 7.5, Boynton Beach Landscape Code, of the City of Boynton Beach Land Development Regulations, shalt govern landscaping within the Federal Highway Corridor District. Sec.5L.~ 1. Parking Requirements (A} Parking requirements shall be as set forth by Chapter 2. Section 11H, of the Boynton Beach Land Development Code, except as provided below. (Bi On-site parking facilities shall be located [o the rear of the structures they are intended to serve, or shall be located to the side of the structure they are ntended to serve and screened from view from public streets, notwithstanding other provisions of these regulations that requ re a specific residential Federat Highway Corridor District DRAFT ofSepternber 1~ 200l Page 7 Requested City Coram~ss~on Meetine Dates [] November 20- 2001 [] December 4. 2001 December 18. 2001 [] Janua~ 2. 2002 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned i_n to City Clerk's Office November 7. 2001 (5:00 p.m.) November 2I, 2001 (5:00 p.m.) December 5. 2001 (5:00 p.m December i9, 200t ~5:00 p.m.) Requested City Cornmissmn Meetine Dates [] January 15. 2002 [] February 5. 2002 [] February. 19. 2002 [-- March 5, 2002 VIII.-PUBLIC HEARING ITEM B, Date Final Form Must be Turned in to City Clerk's Office Januar,~ 3, 2002 (5:00 p.m.) lanua~ 16, 2002 (5:00 p.r~) February 6. 2002 5:00 p.m.) February 20, 2002 (5:00 p.m./ NATURE OF AGENDA ITEM [] Adm/nis=ative [] Development Plans [] Consem Agenda [] New Business [] Public Hearing [] Legal ~ Bids [] Unfadshed Business [] ?renouncement [] Presentation [] City Manager's Report RECOMMlgNDATION: Please place this request on the November 20, 2001 City Coumfission Agenda under Public Hearing. The Community Redevelopment Agency Board with a unammous vote, recommends that the subject request be approved. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 01-244. EXPLANATION: PROJECT NAME: AGENT: OVv2X!ER: LOCATION: DESCRIPTION: i~EDER~L IttlGH!,VAY CORRIDOR REZONING OIEZN 01-003) City of Boynton Beach Numerous property owners. Federal Highway Corridor segment located between the C-16 canal on the north and Woolbright Road on the south, bounded by the lntracoastal Waterway on the east and the right-of-way of the Florida East Coast [FEC] Railway on the west. Request to rezone to M/xed Use (MU) various properties with commercial end residential uses totaling 104.92 acres identified on the accompenymg location map as Pared 2 (see Exhibit A), zoned. Central Business District (CBD) and Multi-family Residential (R-3). PROGRAM I1VIPACT: N/A FISCAL IMPACT: 1} N/A ALTERNATIVES: ~ N/A D ev~I~nt '~1~ ~a~tt ~'~t~;~/~'e c t or City Manager's Signature Planning end Zonin~Oirector City Attorney / Finance / Human Resources S:~PlanningXSHARED\WP~p RO JECTS~Fed~ral Highway Corridor Redev¢lopmem Plan Foldcr~Agenda Item Request Fed Hwy US 1 Corridor ~REZN 01- 003}1 1-20-01.dot S:~BULLETINSFORMS~AGENDA ITEM REQUEST FORM,DOC DEVELOPMENT DEPARTMENT PLANNING & ZONING DIVISION MEMORANDUM NO. PZ 01-244 TO: FKOM: Chajnn~. Board Members Dick Hudyl~ eni;0r Planner THROUGH: Quintus Greene Director of Development DATE: November 1,2001 Project/Applicant: PROJECT DESCRIPTION Federal Highway Corridor Rezouing (REZN 01-003 and REZN 01- 004) Agent: City of Boymon Beach Location: Federal Highway Corridor segment between the Boynton (C- 16) Canal on the north and Woolbright Road on the south and lying between the Intracoastal Waterway on the east and the right-of-way of the Florida East Coast (FEC) Railway on the west. except for the single-family subdivisions located on the east side of Federal Highway south of Sterling Village Condominiums and north of Snug Harbor Condominiums. File No: (1.) Rezoning (REZN 01~003) (2.) Rezoning (REZN 01-004) Property Description: (1.) Various properties with commercial and residential uses totaling 104.92 acres identified on the accompanying location map as Parcel 2 (see Exhibit A), zoned Central Business District (CBD) and Multi-family Residential (R-3). (2.) Various properties with commercial and residential uses totaling 236.73 acres identified on the accompanying location map as Parcel 1 and Parcel 3 (see Exhibit B), zoned Sin~e-family Residential (R-1-AA) & (R-1-A), Duplex Residential (R-2), Multi- family Residential CR-3), Office/Professional (C-I), Neighborhood Commercial (C-2), Community Commercial (C-3) and General Commercial (C-4). Proposed change/use: (I.) To rezone properties described in (1) above from Central Business District (CBD) and Multi-family Residential (R-3) to Mixed Use (MU). (2.) To rezone properties described in (2) above from Single- family Residential (R-l-AA) & (R-l-A), Duplex Residential (R-2), Multi-family Residential (R-3), Office/Professional (C-l), Page 2 Federal Highway Corridor Rezoning ~ File Number: RI}ZN 01-003 & REZN 01-004 Neighborhood Commercial (C-2), Community Commercial (C-3) and General Commercial (C-4) to Mixed Use Low (MU-L). Adjacent Land Uses and Zoning: No~h: Right of way of the Boymon (C-16) Canal, then developed properties designated Local Retail Commercial (LRC) and zoned Commumry Commercial (C-3) along Federal Highway and east for +300 feet then developed property designated Low Density Residential (LDR) and zoned Single Family (K-i-AA) east to the Intracoastal Waterway. South: Right-of-way of Woolbright Road, then developed property designated Local Retail Commercial (LRC) and zoned Commmfity Commercial (C-3). East: Intracoastal Waterway and developed single-family residential property both within the City of Boynton Beach and outside the City. West: Right-of-way of the FEC Raikoad, then developed properties with land use and zoning as follows (from north to south): Medium Density Residential (MeDK) land use and Duplex Residential (R-2) zoning; Local Retail Commercial (LRC) land use and Neighborhood Commercial (C-2) zoning; Industrial (I) land use and Light Industrial (M-I) zoning; Local Retail Commercial (LRC) land use and Community Commercial (C-3)zoning; Low Density Residential (LDR) land use and Single ~amily Residential (R-I-A) zomng; then Industhal (I) land use and Light Industrial (M-I) zomng. BACKGROUND In January 2001, the City adopted text amendments to the Comprehensive Plan to enable the preparation of redevelopmem plans as recommended by the Bovnton Beach 20/20 Redevelopment Master Plan. In May 2001, the City Cormuission adopted the first of those redevelopment plans, the Federal Highway Corridor Community Redevelopment Plan. and on July 17, 2001, the Commission approved transmittal of a land use amendment for this area that provides the basis for these proposed rezonings. In concert with the adoption of the land use amendment, the Land Development Regnlations are being amended, pursuant to recommendations of the Federal Highway Corridor Community Redevelopment Plan. The proposed changes re the Land Development Regulations, in part, convert the existing, regulations for the Central Business District (CBDI zoning distr/ct to the proposed Mixed Use (MU) district. This new designation, "Mixed Use" (MLP~, is being applied ro the same general area currently under the old CBD zoning. A second and less intense zoning district has been created similar to the existing CBD regulations· The second and less intense zoning district "Mixed Use Low (MU-L), is proposed to be applied to properties that lie west of the Intracoastal Wate~vay and east of the Florida East Coast (FEC) Railway in two areas flanking the existing CBD. The first is situated between the · ~'E 2nd C-16 canal and NE 6th Court, north of the CBD and the second is s~tuated between ~ Avenue and Woolbright Road to the south of the CBD. These are the geographic areas that are the subject of this rezoning. The rezonings wilt, however, not become effective until such time as the land use amendment becomes effective. Page 3 Federal Highway Corridor Rezoning File Number: tLEZN 01-003 & REZN 01-004 The new zonin~ regulations, in part', are intended.to preserve existing and established neighborhoods, phase out undesixabie intensive c6mmercial uses} establish progressive lot restrictions to optimize,uses, land usage, and p~destdan environments and increase residential opportunities in order to provide the critical ma~ss necessary to s~pport dO~to~n redevelopment efforts. PROJECT ANALYSIS The criteria used to review Comprehensive Plan amendments:and rezonings are listed in Chapter 2~ Section 9, Administration and Enfqrcement, Ite.~m,. C: Comprehensi~?e Plan Am,~endments: Rezonings, of the Land DeveLopment Regulation, s md are recluireck to.hepart 0~ a ~taff analysis. Whether the proposed rezoning would be consistent with applicable comprehensive plan t~olicies including bu.t not limited to,~ a prohibition against any increase in dwelling unit density exceeding 50 in the hurriCane evacuatiOn zone without written approval of the Palm ~each CoUnty Emergency Planning Division and the City's risk manager. The.planting department shall also recommend limitations or requirements, Which Wou'id ha~e t; b~.i~lJo~ed On subsequent deee!°Pment'of the property, in order to coml~ly With policies contained in the comP rehensive pian. Policy 1.9.5 of the Land Use Element states: "The City, by 2002, shall conduct studies anti/or prepare redevelopment plans for areas designated by the Primary Target Areas Overlay. The,~lans shall, in part, implement or further the adopted Boynton Beach 20/20 Redevelopment Master Plan with use proviszons, development standards and design criteria which may address p~iblic improvements, infrastructure, building placemenr, architectural character, streerscape, szgnage~ landmark opportunities and unifying design concepts. Implementation mechanisms mqy include, but are not limited to, adoption of overlays in the land development regulations, amendments to land development re~mdations, and/or through rezoning to new or existing districts. The Primary Target Areas which shall be studied include but are not necessarily limited to: · Martin Luther King Boulevard from Seacrest BouleYard to U. S. l; · U.$.lfrom north to south city limits, · BoyntonBeach Boulevard from U.$.1 to t-95; · Ocean Avenue from the Marina to Seacrest Boulevard; an& · Golf Road between U.S. ! and Seacrest Boulevard. Each Primary Target Area shall zdtimate4v be delineated appropriately on the Future Land Use Map. Until such time as the studies can be conducted and mechanisms implemented for such an area, public investment - in terms of infrastructure - shall be minimal. Ifa private developmentproposal is made within a redevelopment area, one of the following options shall be parsued: · Acceleration of the redevelopmentplan overlay' district and deferral of the land use request until the ptan is complete& Page 4 Federal Highway Corridor Rezoning File Number: REZN 01-003 & REZN 01-004 · Consideration of the use request on its own merits with the existing zoning and policies or'he Comprehensive Plan guiding the disposition of the request; and/or · The use of a moratorium or variation of the "zoning in progress" process. "and Policy 1.16. l of the City of Boynton Beach Comprehensive Plan defines Mixed Use as follows: "This land use category shall consist of all Central Business District zoning districts and/or any zoning district(s) which may be established subsequent to the adoption of the Plan provided that all of the abovementioned zoning districts are shown on the Future Land Use Map within the Mixed Use land use category. The uses allowed in this land use category shall be limited to, but shall not necessarily include the following: All uses located in the Local Retail Commercial land use category, pitts all uses located in the High Density Residential Land Use Category; however, residential and hotel/motel densities up to 40 dwelling units per acre are permitted. All land development located in the Mixed Use category shall be required to submit a plan which includes a single unified design for the project, and shall conform to any adopted design plan(s) for the area covered by the category." The proposed rezonings are consistent with policy 1.9.5 of the Future Land Use elemem and are actions recommended to implement the adopted plan for the U. S. 1 corridor (see Exhibit "C" Redevelopment Programs and Projects). The rezonings will encourage redevelopment and intill development on vacant and underutilized properties in this part of the C. R. A., by allowing a greater range of uses and a higher density and intensity of developmem. The higher density and intensity will also increase opportunities for utilization of transportation alternatives tc the automobile. The Federal Highway corridor is one of the major north-south routes for Palm Tran, the county's transit service, and increased density will theoretically lead to increased ridership. The amendment is consistent with objectives of the "Eastward Ho" initiative and furthers numerous policies found in the "Treasure Coast Strate~c Regional Policy Plan" in both the "Future of the Region" and "Economic Development" sections. Those policies include: Future of the Region- Policy 2.1.2.2: Encourage densification of and investment in established cities, towns and villages. Policy 5.1.1.2: Redevelop obsolete retailJcommerc~al centers within well- developed urban areas as an effort ro discourage urban sprawl. Proposals for redevelopment may include the following site design features: a. Design a fine net~vork of streets that continues and enhances the establishment of the adjacent neighborhoods. b. Include a mix of uses that complemems the existing activities of the city, town or village. Page 5 Federal Highway Corr/dor Rezoning File Number: REZN 01-003 & REZN 01-004 Policy 5.1.1.3: Encourage deve!opmcnt a~ound transit stations. Proposals should: a. Develop intense mixed-use projects Within a quarter mite radius of the station. b. Include a fine-grained net~vork of streets detailed to optimize the corr~'ort and safety of pedestrians and bicyclists. c. Include high-density residential areas,.to enhance the feasibility of transit. Economic Development Policy 3~4:1.1: Encourage the use of.compact, mix,use development and redevelopment projects that are.les~s costly to serve, have less hnpact to the natural environment, and help strengthen the economics of existing urb :a~ areasi b. ~Fhether the proposed rezouing would be contrarj? to the established land use pattern, or would create an isolated district unrelated to adjacent and nearby districts, or would constitutea grant of special privilege to an individual: proper~y owner as contrasted with the protection of the public welfare. The proposed rezoning will continue the adjacent established land use~partern and, at the same time, permit a greater range of uses in single developments within the designated Community Redevelopment Area that will in mm, encourage redevelopment and infill development. c. t~hether changed or changing conditions, make the j~ropased rezoning desirable. The increasing awareness of the importance of redevelopment and enhancement of the traditional coastal business centers as opposed to continued westward sprawl coupled with a desire to provide opportunities for economic revitalization have made these rezonings both necessary and desirable. d. ~r'hether the proposed use would be compatible with utility systems, roadways, and other public facilities. Adequate water and sewer capacity exists to support redevelopment within this part of the City. Redevelopment and infill projects will be reviewed on an individual basis, as a part of the site plan rewewprocess, to determine utilities service requirements. With respect to solid waste, the SWA has stated within a letter dated January 8, 2001, that adequate capacity exists: to accommodate the county's municipalities throughout the 10-year plarmmg period. Traffic impacts and conformance with the Palm Beach County Traffic Performance Standards Orchnance will be analyzed at site plan approval stage for any conumercial portions of development or redevelopment projects. Palm Beach County ~xempts residential projects situated east ofi-95 from review under the Traffic Performance Standards Ordinance. Drainage ~vill also be revie~ved m detail as part of the site plan review process and must satisfy all reqmrements of both the city and local drainage permitting authorities. Page 6 Federal Highway Corridor Kezoning File Number: 1LEZN 01-003 8: REZN 01-004 Whether the proposed rezoning would be compatible with the current and future use of adjacent and nearby properties, or would affect the property values of adjacent or nearby properties. The proposed rezonings wilt be compatible with current and future uses of adjacent properties. Safeguards, including buffering of more intense uses and distance separations, are built into the proposed land development regulations to protect values of adjacent and nearby properties. Densities of existing residential development along the coast range between 4.84 and 45.7 dwelling units/acre. f. WTtether the property is physically and economically developable under the existing zoning. While the property being considered in these rezonings is developable and redevelopable under the existing land use designations, the range of uses is limited gnd/or would not serve to enhance the corridor to the extent that the proposed amendment would allow. g. Whether the proposed rezoning is of a scale which is reasonably related to the needs of the neighborhood and the city as a whole. The scale of the proposed rezonings is reasonably related to the needs of the area and the city as a whole, and will permit the establishment of a hierarchy of uses leading to the downtown area. Development and redevelopment in the corridor is expected m center on neighborhood-serving commercial uses, encourage a range of residentiaI styles and intensities, ahd create an aesthetically pleasing environment. h. Whether there are adequate sites elsewhere in the city for the proposed use, in districts where such use is already allowed. The existing area currently designated "Mixed Use" does not adequately provide for the revitalization and redevelopment of the traditional do~vmown of the City, as recognized by the "Federal Highway Corridor Communit~ Redevelopment Plan." The rezordngs will allow for a transition from the lesser intense development at the north and south ends of the corr/dor to the more intense development permitted in the City's Central Business D/strict. CONCLUSIONS/RECOMMENDATIONS As indicated herein;this request is consistent with the intent of the Comprehensive Plan and ~vith the companion future land' use map amendment; will not create additional impacts on infrastructure that have not been anticipated in the Comprehensive Plan; will be compatible ~vith adjacent land uses and will contribute to the overall economic development of the City. Therefore, staffrecommends that the subject requests be approved. ATTACHMENTS Attachment "A" N Attachment "B" 4OO0 Feet EXHIBIT "C" -~ SECTION VI REDEVELOPMENT PROGRAMS A_ND PROIECTS The programs and prgj~_~li~ed belc~w will implement ~the. redevelopment su:aregies discussed in eliminate or d~crease the blighting in~.~e~.~e~ found in the~,Federal Highway Corridor Redevelopment Area, as well as er~hance:the~c~)rridor's 4ong term viability. Comprehensive Plan Amendments Recommendation 1: Amend the Comprehensive Plan text to create two subcategories of land use within the land use plan designation of Mixed Use, amending the current language as appropriate. The first category should be a Mixed Use-High (MU- H) and the other a Mixed Use-Low (MU-L). The MU-H would apply to the core downtown area, which is Planning Area t2I. The MU-L would apply to the gateway communities, ~vhich are Planning Areas II and IV. The MU-L designation would be less intense than the MU-H, with an emphasis on residential with neighborhood serving retail. Purpose: This will establish the requisite legal basis for land use plan and code amendments. Recommendation 2: Amend the Future Land Use Plan Map to redesignate the downtown, Area III, as Mixed Use-High, and to redesignare the gateway communities, Areas ff and IV. as Mixed Use-Low. Purpose: This will establish the desired hierarchy of land uses leading into the downtown area. 82 New Development Standards Recommendation 3: Create development standards for the MU-H district. Specifically consider eliminating restrictions on density, but maintaimng control of the visual appearance of .,development. Creative, well planned development ~vill be able to provide additional residential units that will contribute positively to a vibrant and successful downtown while meeting height limitations imposed by the City. According to the current provisions in the zoning code, height is restricted throughout Boynton Beach to 45 feet with a maximum Central Business District density of 40 units per acre and a conditional maximum height of 100 feet. Because of the very compact area of the downtown in combination with the desire to make the downtown a clear focal point in the community, this intensity of development is not sufficient to achieve the desired goals for downtown development and redevelopment. As a result, the City should not include a density maximum in the future MU-H, which is the recommended designation for Area III, and kncrease the maximum height m Area III from 100 feet m 150 feet. This will create a more prominent visual focal point and establish the desirable level of activity in the downtown area- Additionally, cons/der eliminating the following uses that may othe~vise be permitted or conditionally permitted in the current CBD zoning category,: Auction h6nses Bus terminals Drive-thru facilities Funeral homes Motels (not hotels) Outdoor storage or display 83 [] Privatb parking garages (allow public parking garages) rn Vehicle related uses, such as: gas stations; auto parts, storage, rental, display, repair facilities; detaihng or car washes Consider allowing the following that are otherwise conditionally permitted or not addressed in the current CBD zoning category: ca Allow multi-family residential uses as a permitted rather than conditional use if the entire fn~at floor is dedicated to commercial; retail or office uses r2 Specifically encourage.tourist oriented uses that have a water orientation Purpose: This ~vill encourage development and redevelopment that is pedestrian and not automobile oriented, as welt provide an attractive .development environment for a conference style hotel. Recommendation 4: Create development standards for the MU-L district. Specifically, as with the MU-H district, consider eliminating restrictions on density, but maintaining control of the visual appearance of development through height limitations. Increase the maximum height in these two areas only to 75 feet and eliminate density requn:emenrs. This height is half of that ~vhich is recommended for the downtown area and will provide an appropriate transition from the gateway commurdties ro the central business area. In addition, consider eliminating the following types of vehicle oriented, non- nei~hborhood serving uses that may be otherwise permitted in the currem gateway neigiaborhoods:. Adult entertainment establishments Auction houses Bus terminals Lumber yards and buildir;:2 material stores, including sales to contractors Rooming and boarding houses 84 ca Sale ot?ammunition and firearms [] Taxicab parking Trade or business labor pools Outdoor storage and display [] Vekicle and boat service related uses, such as: gas stations; auto parts, storage, rental, display, repair facilities; detailing or vehicle washes Wholesaling Consider allowing regulations that provide for the following: [] Grocery or food stores sized bet~veen 15,000 square feet and 30,000 square feet Drive-thru facilities only as a conditional use Purpose: This will establish an aesthetically pleasing, logical transition into the downtown area; provide for neighborhood serving uses rather than those that are transient or vehicle oriented; and, provide additional population to support the downtown. Recommendation 5: Create new zoning districts for the R1A and R1AA communiues east of Federal Highway, proximate to the ~ntracoastal Waterway that would allow for redevelopment of lots with ~ea~er lot coverage and reduced front, side and rear yards. Purpose: This would encourage redevelopment of water oriented lots with residential units that would provide a substantial increase in ad valorem revenues. Zonim, Code Amendments Recommendation 6: Provide for appropriate locations of houses of worship, schools and similar institutions to ensure that they have a balanced distribution throughout the com_m~ity. Purpose: Such regulations will ensure a balance of these community serving land uses througl'~our the City. 85 Re~/ommendation 7: Protect residential neighborhoods, it has been generally recognized that there are some uses which, because of their very nature, are idenfiSed as having serious objectionable characteristics. Specifically, there are studies tl:at exist that demonstrate~ that adult uses result in an adverse secondary, effect on adjacent properties. Further, it is recognized that local governments have powers ro regulate establishmems that serve alcoholic beverages~ As a result, the City should consider developing regulations for the placement of facilities that serve alcoholic beverages, particularly adult entertainment facilities that serve alcohol because the deleterious effect on surrounding areas that have already been declared to be iff a bLighted condition. Distance separations between land that is land use planned or zoned to allow residential uses and facilities that provide for the sales of alcohol should be established in the range of 750 feet to 1,500 feet, consistent with requirements in other municipalities. The ability of adult facilities that serve alcohol that do not meet the distance sephration reqmremem should be amortized. Recommendation 8: Develop signage standards that address in detail issues such as sign height; width; style: lettering; color; placement; landscaping; and, content. Define s~gnage, including a definition concerning advertising on commercial vehicles and prohibition of parking such vehicles in a manner that constitutes s~gnage proximate to the right of way. Reqmre new signs or substantial repairs to existing signs to comply with the regulations. Purpose: Detailed sign regulations will ~eatly enhance the appearance of the corridor. 86 ~teria Recommendation 9: Develop a design program for structures, signage and street furniture, that includes the implementation Of a color palate and architectural themes in the context of the downtown and gateway communities. Purpose: The program will create a sense of identity and visual appeal for the redevelopment arem Recommendation 10: Create land development re=~tlations for Areas II, III and IV that address building placement, parking, parking location, mixed uses, and pedestrian chanalization. Incorporate the following guidelines: [] Landscape programs and standards should be developed parking for uses should not be located contiguous to Federal Highway Shared parking standards should be reviewed Standards for payment in lieu of providing parking should be dev&toped for Area Buildings on Federal Highway should have the appearance of multi-story structures Incentives should be provided for developing mixed use projects [] Pedestrian unloading or drop-off areas should be considered as a requirement Standards to identify nodes of activity, such as signalized intersections, should be developed within the corridor Structures should be designed to discourage mid-block crossings on Federal Highway by providing pedestrian access at the comers of intersections Purpose: Development standards will create a sense of ptace, reduce the blighted appearance, and-enhance the aesthetic appeal of the Federal Highway Corridor. Specific Projects to Implement Redevelopment Project 1 - Convention Hotel: Assemble a three tc five acre size parcel of land ~n the downtown, which is Area III, and market it for a convention style hotel. The market analysis contained in Section IV of this study indicates that there is a market 87 niche in B6~mton Beach for a water oriented convention type hotel recommended in the 1984 CRA plan. While acqnisition of land for use as a hotel site may eliminate some of the retail uses from the tax base, the net result would be a significant increase in the tax base. The ~ncrease would result from new construction designed for be~ter utilization of land. For example, in the year 2000, the Lake Worth .water oriented hotel, which is of minimal convention size, had a taxable value of more than $2.5 million that resulted in ad valorem revenues of $69.6 thousand. Similarly, the Detray hotel property had a total taxable value of more than $19.9 million for total ad valorem revenues of almost $524:8 thousand, while the Manalapan property was valued at $64.4 million for a total of $1.22 million in ad valorem revenues. Project 2 - Public Parking: Assemble property in the downtown area, which is Area III, on the west side of Federal Highway for use as surface parking. As demand increases, the property could be developed as a parking garage to serve the downtown area. The garage could comain mixed uses at grade level and on upper stories to enhance activity in the downtown. Project 3 - City Entrance Signage: Clearly mark the arrival and departure points to the City of Federal Highway by installing visible, attractive signs at the appropriate locations. Remove any existing signs that are no longer at the entrance to the city due to mfinicipal expansion. Consider identifying the downtown and gateway communities as well. Project 4 - Establish a Public Presence: Ail planning areas except planning Area II have some type of public presence. Establish a highly visible public use in Area 88 II. A librarY, fire station or police substation would be an idea] use in this area to provide service to the northern portion of the city. Location on the west side of Federal Highway would be preferable for fire or police facilities to reduce noise impacts on adjacent residential uses, If a public facility is located on the west side, the CRA should work with the Department of'l~ransportation to obtain a median opening for emergency vehicles. Project 5- Address Outdoor Storage: Outdoor storage and display presents visual blight at both the south end of the corridor and in Area II. At the south end of the corridor, where outdoor display is located largely in the unincorporated areas of Palm Beach County. The City should initiate efforts to work"with Palm Beach to discontinue this practice. In the remaining areas that are within the City of Boynton Beach, the City should amortize out the outdoor storage and display within the Federal Highway Corridor. Project 6 - Provide Pedestrian Crossings: At major node~ of activity such as signalized intersections, ~mplement a program for unique materials and designs for pedestrian crossings. In addition, work with the Department of Transportation to "bulb out" the sidewalks at these intersections. This will afford pedestrians slightly more non- vehicular area, and tends to have the effect of slowing traffic somewhat because of the visual perception of small travel lanes. 89 Reqaested Ci~ Comroiss~on Meeting Dates [] November 20. 2001 [] December 4, 2001 [] December 18, 2001 [] January 2. 2002 Vi'I'I'.-PUBLI'C HEARI'NG I'TEM B. 5o CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Meeting Dates [] January ~5. 2002 [] February 5, 2002 [] Febmary 19. 2002 [] March 5, 2002 Date Final Form Must be Turned in to City Clerk's Office November 7. 2001 (5:00 p.m.) November 21. 200I (5:00 p.m.) December 5~ 2001 tS:00 p.m.) December 19,2001 (5:00p.m.) Date Final Form Must be Turned in t9 City Clerk's Office January 3, 2002 (5:00 p.m3 January I6, 2002 (5:00 p.m.1 February 6, 2002 (5:00 p.m. February 20, 2002 (5:00 p NATURE OF AGENDAITEM [] Administrative [] Development Plans [] Consent Agenda [] New Bus/ness [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Please place this request on the November 20. 2001 City Commission Agenda under Public Hearing. The Community Redevelopment Agency Board with a nnanimous vote, recommends that the subject request be approved. F~rfurtherdetai~spertainingt~therequesr~seeattachedDeparmaent~fDeve~pmemMem~randumN~.PZ 01-244. EXPLANATION: PROJECT NANJE: AGENT: OWNER: LOCATION: DESCRIPTION: FEDERAL HIGHWAY CORRIDOR REZONING (REZN 01-004) City of Boynton Beach Numerous property owners. Federal Highway Corridor segment located between the C-16 canal on the north and Woolbright Road on the soutlh bounded by the Iutracoastal Waterway on the east and the right-of-way of the Florida East Coast (FEC) Railway on the west. Request to rezone to Mixed Use-Low (MU-L) various properties with commercial and residential uses totaling 236.73 acres identified on the accompanying location map as Pared 1 and Parcel 3 (see Exhibit B), zoned Single-family Residential/R-l-AA) & (R- I-A), Duplex Residential (R-2), Multi-family Residential eR~3), Office/Professional (C- 1), Neighborhood Commercial (C-2), Community Commemial (C-3) and General Commercial (C-4). PROGRAM IMPACT: N/~. FISCAL IMPACT: . N/A Dev~k~ I~rrnent l~irectur ~ ~Signamre planning and ZoninL~Director S:~BULLET1N~ORMS~AGENDA ITEM REQUEST FORM.DOC City Attorney / Finance / Human Resources DEVELOPMENT DEPARTMENT PLANNING & ZONING DIVISION MEMORANDUM NO. PZ 01-244 TO: FROM: Chairm~. B~a~d 'Memb ers Dick Hudyl~ enior Planner THROUGH: Quintus Greene Director of Development DATE: November 1, 2001 Project/Applicant: PROJECT DESCRIPTION FederaI Highway Corridor Rez0ning (REZN 01-003 and REZN 0I~ 004) Agent: City of Boynton Beach Loea6on: Federal Highway Corridor segment between the Boynron (C-16) Canal on the north and Wootbright Road on the south and lying betwveen the Intracoastal Waterway on the east and the hght-of-way of the Florida East Coast ~FEC) Railway on the west, except for the single-famiI? subdivisions located on the east side of Federal Highway south of Sterling Village Condominiums and north of Snug Harbor Condomirfiums. File No: (1.) Rezoning (R_EZN 01-003) (2.) Rezoning (R~ZN 01-004) Property Description: (1.) Various properties ;vith commercial and residential uses totaling 104.92 acres identified on the accompanying location map as Parcel 2 (see Exhibit A), zoned CpntraI Business District (CBD) and Multi-family Residential (R-3). (2.) Various properties with commercial and residential uses totaling 236.73 acres identified on the accompanying location map as Parcel 1 and Parcel 3 (see Exhibit B), zoned Single-family Residential (R-I-.aAI & (R-l-A), Duplex Residential (R-2), Multi- family Residential [R-3), Office/professional (C-I), Neighborhood Commercial (C-2), Community Commercial (C-3) and General Commercial (C-4). Proposed change/use: (1.) To rezone properties described in (1) above from Central Business District (CBD) and Multi-family Residential (R-3) to Mixed Use (MU). (2.) To rezone properties described in (2) above from Single- f'amily Residential R-I-.~a.) & (R-I-A), Duplex Residential R-2), Multi-family Residential (R-3), Office/Professional (C-I/. Page 2 Federal Highway Corridor Rezoning File Number: KEZN 01-003 & REZN 01-004 Neighborhood Commercial ~.C-2), Community Commercial (C-3) and General Commercial (C-4) to Mixed Use Low (MU-L). Adjacent Land Uses and Zoning: North: Right of way of the Boynton (C-16) Canal, then developed properties designated Local Retail Commercial (LRC) and zoned Community Commemial (C-3) along Federal High~vay and east for +300 feet then developed property designated Low Density Residential (LDR) and zoned Single Family (R-l-AA) east m the Inrracoastal Waterway. South: Right-of-way of Woolbright Road, then developed property designated Local Retail Commemial (LRC) and zoned Communky Commercial (C-3). East: Intracoastal Waterway and developed single-family residential property both ~vithin the City of Boynton Beach and outside the City. West: Right-of-way of the FEC Raikoad. then developed properties with land use and zoning as follows (from north to south): Medium Density Residential (MeDR) land use and Duplex Residential (R-2) zoning; Local Retail Commercial (LRC) land use and Neighborhood Commercial (C-2) zoning; IndustriaI (I) land use and Light Industrial (M-I) zoning; Local Retail Commercial (LRC) land use and Community Commercial (C-3)zoning; Low Density Residential (LDR) land use and Single Family Residential (R-i-A) zoning; then Industrial (I) land use and Light Industrial (M-I) zoning. BACKGROUhZD In January 2001, the City adopted text amendments to the Comprehensive Plan to enable the preparation of redevelopment plans as recommended by the Bovnron Beach 20/20 ~edeYelop'ment Maxrer Plan. In May 2001, the City Commission adopted the first of those redevelopment plans, the Federal Highway Corridor Commxtni~v Redevelopment Plan, and on July 17, 2001, the Commission approved transmittal of a Iand use amendment for this area that provides the basis for these proposed rezonings. In concert with the adoption of the land use amendment, the Land Development Regulations are being amended, pursuant to recommendations of the Federal h~ijhwav Corridor Comm,nitv Rede,;elopment Plan. The proposed changes to the Land Development Regulations, in parr, convert the existing regulations for the CenrraI Business District (CBD) zoning district to the proposed Mixed Use (~MU) disir[ct. This new designation, "Mixed Use" (MLr), is being applied to the same general area currently under the old CBD zomng. A second and less intense zoning district has been created similar ro the existing CBD regulatmns. The second and less intense zoning district "Mixed Use Low (NFu'-L), is proposed to be applied to properties that lie west of the Intracoastal Water~vay and east of the Florida East Coast ,FEC) Railway in t~vo areas flanking the existing CBD. The first is situated ber~veen the C-i6 canal and NE 6'~ Court, north of the CBD and the second is situated between SE 2nd Avenue and Woolbrignt Road to the south of the CBD. These are the geogaphic areas that are the subject of this rezoning. The rezonings will, however, not become effective until such rime as the land use amendment becomes effective. Page 3 Federal Highway Corridor Rezoning File Number: REZN 01-003 & tLEZN 01-004 The new zon~g regulations, in part, are intended to preserve eXisting,and established neighb,orhoods, phase out undesirable inrenkive commemial Uses, establish progre,sNe lot restr/ctmns to Optimize uses, iand usage, and pedes~ria:n environments an4 invrease residential oppormrfities in order tO provide the critical mass necessary to supp0rt downtown redevelopment efforts. PROJEC:r ANALYSIS The criteria used to review Comprehensive Plan amendments amd rezonings are listed in Chapter 2, Section 9, Administration:and Enforcement; Item C. Comprehensive Plan AmerMmenrs: Rezpnings, of the Land Development Re~Iations and are,required to be part of a staff analysis. Whether the proposed rezoning would'be consistent with applicable comprehensive plan policies including but not limited to, a prohibition against any increase in dwelling unit density exceeding 50 in the hurricane ei, acuation zone without written approval of the Palm Beach County Emergency Planning Division and the City's risk manager. The pla~,ning, department shall also recommend limitations or requirements, which would have to be imposed on subsequent de~el°Pment of the property, in order to comply with policies contained itt the comprehensive plan. Policy 1.9.5 of the LandUse Element states: "The City, by 2002. shall conduct studies and/or prepare redevetopmem pIans for areas designated by the Primary Target Areas Overlay. The plans sha!l, in parr, implement or fi~rther the adopted Boynton Beach 20/20 Redevelopment Master Plan with use provisions, development standards and design criteria which may address public improvements, infrastmtcture, building placement, architectural character, srreetscape, signage, landmark opportunities and unifying desig-n concepts. Implementation mechanisms may include, but are not limited to, adoption of overlays in the land development regxxlations, amendments to land developmem re,clarions. and/or through rezoning to new or existing districts. The Primary Target Areas which shall be sntdied include but are not necessarily limited to: · Martin Luther King Botdevardfrom Seacrest Boulevard to IA S. l; · - U.S. lfr~m north to south city lintits, · Boyn~on Beach Boulevard from U.S. 1 to £-95: · Ocean Avenue from the Marina to Seacrest Boulevard: and: · Golf Road between U.S. J and Seacrest Boulevard. Each Primary Target Area shall ultimately be delineated appropriately on the Future Land Use Map. Until such time as the studies can be conducted and mechanisms implemented for such an area, public investment - in te~wzs of i~vkast~ntctare - shall be minimal, ~a private developmenr proposal is made within a redevelopment area. one of the following options shall be pursued: Acceleration of the redevelopment plat~ overl~v district and deferral of the land use request until ~he plan is com?!eted: Page 4 Federal Highway Corridor Rezoning File Number: REZN 01-003 & RE22N 01-004 · Consideration of the use request on its own merits with the existing zoning and policies of the Comprehensive Plan guiding the disposition of the request; and/or · The use of a moratorium or variation of the "zoning in progress process." and Policy 1.16.1 of the City o£Boynton Beach Comprehensive Plan defines Mixed Use as follows: "This land use category shall consist of all Central Business District zoning districts and/or any zoning district(si which may' be established subsequent to the adoption of the Plan provided that all Of the abovementioned zoning districts are shown on the Future Land Use Map within the Mixed Use land use category. The uses allowed in this land use category shall be limited to, but shah not necessarily include the following: All uses located in the Local Retail Commercial land use category, plus aH uses located in the High Density Residential Land Use Category; however, residential and hotel/motel densities up to 40 dwelling units per acre are permitted. All land development located in the Mixed Use category shall be required to submit a plan which includes a single untied desiomz for theproject, and shall conform to any adopted desig~n pIan(s) for the area covered by the category." The proposed rezonings are consistent with policy 1.9.5 of the Future Land Use element and are actions recommended to implement the adopted plan for the U. S. I corridor (see Exhibit "C" Redevelopment Programs and Projects). The rezomngs will encourage redevelopment and infill development on vacant and underutilized properties in this parr of the C. R. A., by allowing a greater range of uses and a hi~o_her density and intensity of development. The higher density and intensity will also increase opportunities for utilization of transportation alternatives to the automobile. The Federal Highway corridor is one of the major north-south routes for Palm Tran, the county's transit service, and increased density will theoretically lead to increased ridership. The amendment is consistent with objectives of the "East~vard Ho" initiative and furthers numerous policies found in the "Treasure Coast Strategic Regional Policy Plan" in both the "Future of the Region" and "Economic Development" sections. Those policies include: Future of the Region Policy 2. i .2.2: Encourage densification of and investment in established cities, towns and villages. Policy 5.1.1.2: Redevelop obsolete retaiVcommerciaI centers within well- developed urban areas as an effor~ to discourage urban sprawl Proposals for redevelopmenr may include the following sire design features: a. Design a fine net~vork of streets that continues and enhances the establishment of the adjacent neighborhoods. b. Include a mix of uses that complements the existing acriviues of the city. ro~m or village. Page 5 Federal Highway Corridor Rezoning File Number: REZN 01-003 & REZN 01-004 Policy 5.1.1.3: Encourage development around transit stations. Proposals should: a. Develop intense mixed-use projects within aquarter mile.radius of the station. b. Include a fine-grained netwvork of streets detailed to optimize the comfort and safety of pedestrians and bicyclists. c. Include high-density residential areas~ to enhance the feasibility of transit. Economic Developmen~ Policy'3.4~1.1: Encourage the use of compact mix-use development and redevelopment projects that are less costly'to serve, have less ~rapact to the namraI environment and hel,,,stren*then the economics of existing urban areas. Whether the proposed rezoning would be contrary'to the established land use pattern, or would create an isolated district unrelated to adjacent and nearby districts, or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. The proposed rezoning will continue the adjacent established land use pattern and, at the same time, permit a greater range of uses in single developments within the designated Community Redevelopment Area that wilt· in mm, encourage redevelopment and infill ~ievelopment. c. Whether changed or changing conditions make the proposed rezoning desirable. The increasing awareness of the importance of redevelopment and enhancement of the traditional coastal business centers as opposed, to continued westward sprawl coupled with a desire to provide opportunities for economic revitalization have made these rezonings both necessary and desirable. d, Wltether the jJroposed use would be compatible with utility systems, roadways, and other public facilities. Adequate water and sewer capacity exists to support redevelopmem xvithin this part of the City. Redevelopment and infill projects will be reviewed on an individual basis, as a pan of the site plan review process, to determine utilities service requizements. With respect to solid waste, the SWA has stated within a letter d'~ted January 8, 2001, that adequate capacity exists to accommodate the county's municipalities throughout the 10-year planning period. Traffic impacts and conformance with the Palm Beach County Traffic Performance Standards Ordinance will be analyzed at ske plan approval stage for any commercial portions of development or redevelopment projects. Palm Beach County exempts residential projects situated east ofi-95 from review under the Traffic Performance Standards Ordinance. Drainage will also be reviewed xn detail as part of the site plan review process and must satisfy ail requirements of both the city and local drainage permitting authorities. Page.6 Federal Highway Corridor Rezoning File Number: REZN 01-003 & REZN 01-004 Whether theproposed rezontng would be compatible with the current and future use of adjacent and nearby properties, or would affect the property values of adjacent or nearby properties. The proposed rezonings will be compatible with current and future uses of adjacent properties. Safeguards, including buffering of more intense uses and distance separations, are built into the proposed land development regulations to protect values of adjacent and nearby properties. Densities of existing residential development along the coast range between 4.84 and 45.7 dwelling units/acre. f Whether theproperty isphysically and economically developable under the existing zoning. While the property being considered in these rezonings is developable and redevelopable under the existing land use designations, the range of uses is limited'andfor would not serve to enhance the corridor to the extent that the proposed amendment would allow. g. }Vhether the proposed rezoning is of a scale which is reasonably related to the needs of the neighborhood and the city as a whole. The scale of the proposed rezonings is reasonably related to the needs of the area and the city as a whole, and will permit the establishment of a hierarchy of uses leading ro the downtown area. Developmenr and redevelopment in the corridor is expected to center on neighborhood-serving commercial uses, encourage a range of residential styles and intensities, and create an aesthetically pleasing envirommenr. h. }VI, ether there are adequate sites elsewhere in the city for the proposed use, in districts where such use is~atready allowed. The existing area currently designated "Mixed Use" does not adequately provide for the revitalization and redevelopment of the traditional downtown of the City, as recognized by the "Federal Hi~Jawa¥ Corridor Community Redevetor)ment Plan." The rezonings will allow for a transition from the lesser intense development at the north and south ends of the corridor to the more intense development permitted in the City's Central Business District. CONCLUSIONS/'RE COMMENDATIONS As indicated herein, this requdst ~s consistent with the intent of the Comprehensive Plan and with the companion future land use map amendment; wilt not create additional impacts on infrastructure that have not been anticipated in the Comprehensive Plan; xvii1 be compatible xvith adjacent land uses and ~vitl contribute to the overall economic development of the City. Therefore, staff recommends that the subject requests be approved. ATTACHMENTS Attachment "A" N Location Map Attachment "B" 4OOO EXHIBIT "C" SECTION VI REDEVELOPMENT PROGP..TUMS AND PROJECTS The pro.ams and projects, ligtecL below wilt implement the redevelopment strategies discussed irt Section V. These programs andprojec~s should be implemented to -eliminate or decrease the bligh~ing influences found 'in the Federal Highway Corridor Redevelopment Area, as well as enhance the corridor's long term viability. Coml~rehensive Plan Amendments Recommendation 1: Amend the Comprehensive Plan text to cream mvo subcategories of land use ~vithin the land use plan desig-nation of Mixed Use, amending the current language as appropriate. The first categow should be a Mixed Use-High (MU- H) and the other a Mixed Use-Lo~v (MU-L). The MU-H would apply to the core downtown area, which is Planning Area III. The M-U-L would apply to the gatexvay communities, which are Planning Areas II and IV. The MU-L designation would be less intense than the MU-H, w/th an emphasis on residential with neighborhood serving retail. Purpose: This will establish the requisite legal basis for Iand use plan and code amendments. Recomrdendation 2: Amend the Future Land Use Plan Map re redesig-nate the downtown, Area IH. as Mixed Use-High, and ro redesignate the garew'ay communines, Areas II and IV, as Mixed Use-Lo~v, Purpose: This will establish the desired hierarchy of [and uses leading into the do~vnto~vn area. 82 New Development Standards Recommendation 3: Create developmem standards for the MU-H district. Specifically consider eliminating restrictions on density, but maintaining control of the visual appearance of c3evelopment. Creative, well piarmed development will be able to provide additional residential units that will contribute positively to a vibrant and successful downtown while meeting height limitations imposed by the City. According to the current provisions in the zoning code, heist is restricted throughout Boynton Beach to 45 feet with a maximum Central Business District densky of 40 units per acre and a conditional maximum height of 100 feet. Because of the very compact area of the downtown in combination with the desire to make the downtown a clear focal point in the community, this intensity of development is not sufficient to achieve the desired goals for dowmown development and redevelopm~nt. As a result, the City should not include a density maximum in the furore MU-H, which is the recommended designation for Area III, and increase the maximum height in Area III fi-om 100 feet to 150 feet. This will create a more prominent wsual focal point and establish the desirable level of activity in the do~vntoxvn area' Additionally, consider eliminating the following uses that may otherwise be permitted or conditionally permitted in the current CBD zoning category.: Auction houses [] Bus terminals Drive-thru facilities Funeral homes Motels (not hotels) Outdoor storage or display S3 [] Private parking garages (allow public parking garages) Vehicle related uses, such as: ,gas srari(~n$; auto parrs, storage, rental, display, repair facilities; detailing or carwashes Consider allowing the following that are otherwise conditionally permitted or nor addressed in the current CBD zoning category: c~ Allow mnlti-fam~ty~ residential uses as a pgrmitted rather than conditional use if the entire first floor is dedicated to commercial, retail .or office uses c2 Specifically encourage tourist oriented uses that have a water orientation Purpose: This will encourage developmenr and redevelopment that is pedestrian and nor auromobile oriented, as well provide an attractive development environment for a conference style hotel. Recommendation 4: Create development standards for the M-U-L disthct. Specifically, as with the MU-H district, consider eliminating restrictions on density, but maintaining control of the visual appearance of development throu~h 'height limitations. Increase the max/mum height in these m'o areas only rc 75 feet and eliminate densky requirements. This heig~ht is half of that which is recommended for the downtown area and will provide an appropriate transition from the gateway commumties ro the central business area. In addition, consider eliminating the follo~ving types of vehicle oriented, non- neighborhood serving uses that may be otherwise permitted in the currem gateway neighborhoods: ~ Adult entertainment establishments [] Auction houses [] Bus terminals r- Lumber yards and building material stores, including sales to contractors z Rooming and boarding houses 84 [] Sale of ammun/tion and firearms [] Taxicab parking [] Trade or business labor pools Outdoor storage and display [] Vehicle and boat service related uses, such as: gas stations; auto pans, storage, rental, display, repair facilities; detailing or vehicle washes Wholesaling Consider allowing regulations that provide for the following: · [] Grocery or food stores sized between 15,000 square feet and 30,000 square feel ~ Drive-thru facilities only as a conditional use Purpose: This will establish an aesthetically pleasing, lo,cai transition into the downtown area; provide for neighborhood serving uses rather than those that are transient or vehicle oriented; and. provide additional population to support the doxvnrown. Recommendation 5: Create new zoning districts for the R1A and R1AA communities east of Federal Hideaway, proximate to the Intracoastal Waterway that would allow for redevelopment of lots with ~eater lot coverage and reduced front, side and rear yards. Purpose: This would encourage redevelopment of water oriented lots with residential units that would provide a substantial increase in ad valorem revenues. Zonin~ Code Amendments Recommendation 6: Provide for appropriate locations of houses of worship, schools and similar institutions to ensure that they have a balanced distribution throughout the community. Purpose: Such regulanons will ensure a balance of these community serving [and uses throughout the City· 85 Recommendation 7: Protect residentiai neighborhoods. It has been generally recognized that there are some uses which, because of their very nature, are identified as having serious objectionable characteristics. Specificaily, there are studies that exist that demonstrate that adult uses resulz in an adverse secondary effect on adjacent properties. Further, it is recognized that local governments have powers ro regulate establishments that serve aicohotic beverages. As a result, the City should consider developing regulations for the placement of facilities that serve alcoholic beverages, particularly 'adult entertainment facilities that serve alcohol because the deleterious effect on surrounding areas that have already been declared to be in a blighted condition. Distance- separations between land that is land use planned or zoned to allow residential uses and facilities that provide for the sales of alcohol should be established in the range of 750 feet to 1,500 feet, consistent with requirements in other municipalities. The ability of adult facilities that serve alcohol that do not meet the distance separation requ/rement should be amortized. Recommendation 8: Develop s~gnage standards that address in detaiI issues such as sign height; width; style; lettering; color; placement; landscaping; and, content. Define signage, including a definition concerning advertising on commercial vehicles and prohibition of parking such vehicles in a manner that constitutes signage proximate to the right of way. Require new signs or substantial repairs to existing st=°-ns to comply with the regulations. Purpose: Detailed sign reg~alations will ~eatly enhance the appearance of the corridor. 86 Design Criteria Recommendation 9: Develop a design program for structures, signage and street furniture, that includes the implementation of a color palate and architectural themes in the context of the downtown and gateway commun/ties. Purpose: The program will create a sense of identity and visual appeal for the redevelopment area. Recommendation 10: Create land development regulations for Areas II, III and IV that address building placement, parking, parking locatioh, mixed uses, and pedestrian chanalization. Incorporate the following guidelines: Landscape programs and standards should be developed Parlcing for uses should not be located conti~ous to Federal Hi~xvay Shared parking standards should be reviewed Standards for payment in lieu of providing parking should be dev~Ioped for Area 121I Buildings on Federal Highway should have the appearance of multi-story structures Incentives should be provided for developing mixed use projects Pedestrian unloading or drop-off areas should be considered as a requirement [] Standards to identify nodes of activity, such as signalized imersections, should be developed with/n the corridor [] Structures should be designed to discourage mid-block crossings on Federal Highway by providing pedestrian access at the comers of intersections Purpose: Development standards will create a sense of place, reduce the blighted appearance, and ~nhance the aesthetic appeal of the Federal Highway Corr/dor. Specific Projects to Im~)lement Redevelopment Project 1 - Convention Hotel: Assemble a three to five acre size parcel of land in the dovcntoxvn, which is Area III, and market it for a convention style hotel. The market analysis contained in Section IV of this study indicates that there is a market 87 niche in Boynton Beach for a water oriented convention type hotel recommended in the 1984 CRA plan. While acquisition of land for use as a hotel site may eliminate some of the retail uses fi:om the tax base, the net result would be a significant increase in the tax base. The increase would result from new construction designed for better utilization of land. For example, in the year 2000, the Lake Worth water oriented hotel, which is of m/n/mai convention size, had a taxable value of more than $2.5 million that resulted in ad valorem revenues of $69.6 thousand. Similarly, the Dekay hotel property had a total taxable value o£ more than $19.9 million for total ad valorem revenues of almost $524.8 thousand, while the Manalapan property was valued at $64.4 million for a total of $1.22 million in ad valorem revenues. Project 2 - Public Parking: Assemble property in the downtown area, which is Area tti, on the west side of Federal Highway for use as surface pkrking. As demand increases, the property could be developed as a parking garage ro serve the downto~vn area. The garage could contain rmxed uses ar grade level and on upper stories to enhance activity in the downtown. Project 3 - City Entrance Signage: Clearly mark the arrival and departure points to the City of Federal Highway by installing visible, attractive signs at the appropriate locations. Remove any existing signs that are no longer at the entrance to the city due ro municipal' expansion. Consider identifying the downtown and gate~vay communities as well. Project 4 - Establish a Public Presence: All planning areas except planning Area 1I have some type of public presence. Establish a highly visible public use m Area 88 II. A library, fire station or police substation would be an fdeal use in this area to provide service to the northern portion of the city. Location on the west side of Federal Highway wouId be preferable, for fire or police facilities to reduce noise impacts on adjacent residential uses. If a public facility is located on the west side: the CRA should work with the Department of Transportation To obtain a median opening for emergency vehicles. Project $ - Address Outdoor Storage: Outdoor storage and display presents visual blight at both the south end of the corridor and in Area II. At the south end of the corridor, where outdoor display is located largely in the unincorporated areas of Palm Beach County. The City should initiate efforts to work with Palm Beach to discontinue this practice. In the remaining areas that are within the City of Boynton Beach, the City should amortize out the outdoor storage and display within the Federal Highway Corridor. Project 6 - Provide Pedestrian Crossings: At major nodes of activity such as signalized intersections, implement a program for unique materials and designs for pedestrian crossings. In addition, work with the Department of Transportation to "bulb out" the sidewalks at these intersections. This will afford pedestr~n~ slightly more non- vehicular area, and tends to have the effect of slowing traffic somewhat because of the visual perception of small travel lanes. 89 l~quested City Commission [] November 20, 2001 [] December 4, 2001 [] December 18, 2001 [] January 2, 2002 NATURE OF AGENDA ITEM VlII.-PtlSLIC HEARIblG IT :M C. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be rurne~ ~ to CiW Clerk's Office November 7, 2001 (5:00 p.m.) November 21. 2001 (5:00 p.m.) December 5, 2001 t 5:00 p.m.) December 19,2001 tS:0Op.m.) Reques;ed City Commission Meeting Dates [] Jailu0ry 15, 2002 [] Februa~. 5. 2002 [] February 19,2002 [] March 5, 2002 Date Final Form Must be Turned i_n_ [9 City Clerk's Office January 3. 2002 (5:00 p.m.) January 16, 2002 (5:00 p.md February 6, 2002 (5:00 p.m.) February 20~ 2002 (5:00 p.m.) [] Administrative [] Development Plans L.~m Consent Agenda [] New Bnsmess [] Public Hearing [] Legal [] Bids [] Unfmished Busmess [] Aunouncemem [] Presentation [] City Manager's Report RECOMMENDATION: Please place the presentation of the attached documen~ and First Reading of the correspondin~ ordinance, on the November 20. 2001 City Commission agenda under Public Hearing. The final draR &the Heart of B oynmn Redevelopment Plan is to be presented to the public and City Comm/ssion by staff and Robert Gray of Strategic planning Group, Inc. This document sets forth amendments to the City's Community Redevelopment Plan, and therefore must be adopted per state law. Staff recommends that this document be approved, allowing for the implementation process ~o be initiated. EXPLANATION: The Heart ofBoynt°n Redevel°pmen* Plan c°nstitutes a partial amendment t° CRA Redevel°pment Plan which was last amended in 1998. The Plan reviews land uses and development standards for the area bounded by the C-16 canal on the north, FEC railroad on the east, thirst street on the south and Interstate 95 on the east and is intended to: (1) guide public and private investment within the neighborhoods identified in the plan, (2) ensure that future development is aimed at improving the livibility and community building process and potential within the area, and (3) ensure that future development in the Heart of Bo.vnton area is consistent with the intent of the "Vision 20/20 Redevelopment Plan" wh/le meeting the needs of the commnnity. This Plan conforms to the provisions of Chapter 163.362 of the Florida Statutes regarding Community Redevelopment Plans and establishes the basis for Comprehensive Plan amendments, Code revisions and rezonmgs in the Heart of Boynton area. PROGRAM IMPACT: Staff is prepared to immediately begin the implementation of this plan. The amendments are comprehensive; however, the ~ding, and time required ~s pnnc~pally governed by Florida Statures and the Flondathe state no Department of Community Affairs (DCA). Comprehensive Plan Amendments can be processed and forwarded to more than twice per calendar year. The two application deadlines set by the City are April 1*~ and October 1~. Subrmssion of the appropriate recommendations for the Heart of Boynton Neighborhood Revelopmem Plan do not count against the regular timeframe as the plan was funded by an Urban Infill grant funded bythe DCA. Submission can be submitted with the Commission approval of the plan. The other recommendations will include amendments to the zoning map and Land Development:Regulations. These amendments can be ratified and adopted but would not become effective until after the corresponding comprehensive plan amendments are approved by DCA. S:'xBULLETIN~FORMS~AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM ~QUEST FORM FISCAL IMPACT: N/A ALTERNATIVES: N A Director of Developmem Director of Planning and Zoning Ci'ity Manager s Signature City Att°i~ f ~immce / Human Resources S:kl~ULLETIN~FORMS~AGENDA ITEM REQUEST FORM.DOC Requested City Commission _M_get/nfl Dates [] November 20, 2001 [] December 4. 2001 [] December 18, 2001 [] January 2, 2002 XlI, - LEGAL ITEM A. 1 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to Ci~ Clerk's Office November 7,2001 (5:00p:m.) November 21,2001 (5:00 p.m.) December 5, 2001 (5~00 p.rm) December 19 2001 (5:00 p.m.) Requested City Commission [] January [5,2002 [] February 5, 2002 [] February 19,2002 [] March 5, 2002 Date Final Form Must be Turned in to City Clerk's Office January 3, 2002 (5:00 p.m.) January [6, 2002 (5:00p.m.) February 6, 2002 (5:00 p.m.) February 20. 2002 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Zearmg [] Legal [] Bids [] Unfinished Business [] Announccm~mr [] Presentation --] City Manager's Report RECOMMENDATION: Motion for approval of an Ordinance mending Chapter 15 to prohibit sound disturbances in residential zoning districts during certain hours of the day. EXPLANATION: Adopuon of this Ordinance will establish a simpler and more practicable means f°r identifying and prohibiting excessively loud sounds that interfere with a property owners' quiet enjoyment of their property, without regard to the message ar content of the sound. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: Department Head's Signature City Attorney Deparunent Name City Manager's Signature ity Atton:~ ' Finance / Human Resources SSBULLETIN~ORMSXAGENDA ITEM REQUEST FORM.DOC ORDINANCE NO. O 01 - AN ORDINANCE OF :THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 15, ARTICLE 1 BY ADDING A NEW SECTION 15-10 OF THE CODE oF 10imIN.a- cks; o mrrrN ;souND DIsTURB~cEs IN RESIDENTIAL ZONING DISTRICTS; PROVIDING FoR DEFINITIONS, METHODS OF E~qF_,_ORCEMENT, AND PENALTIES; PROVIDING.: FoR: ';CONFLICTS, SEVERA~ILITY? CODIFICATION AND AN EFFECT~E DA~E. WHEREAS, the City Commission recognizes that the intrusion of excessively loud ;ounds in residential neighborhoods of the City: has the potential for disrupting the quiet mjoyment 0fproperty that is necessary to peaceful and productive living; and WHEREAS, the City Commission has been advised that enforcement of sound disturbances is often hampered by the technical enforcement standards currently required by the City of Boynton Beach Noise Control Ordinance; and WHEREAS, the City Commission intends to establish, by the adoption of this ordinance a simpler and more practicable means for identifying and prohibiting excessively loud sounds that interfere with a property owners quiet enjoyment of their property, without regard to the message or content of the sound; and WHEREAS, upon the recommendation of staff, the City Commission deems it to be in the best interest of the citizens and residents of the City to amend Chapter 15 of the Code of Ordinances to prohibit sound disturbances in residential zoning districts during certain hours of the day; NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, THAT: Section 1. Chapter 15. "Offenses-Miscellaneous" is hereby amended by creating a new subsection 15-10 as follows: Sec. 15-10. Sound control-Short title. This ordinance shall be known and may be cited by the short title of"City of Boynton Beach Sound Control Ordinance." 11/02/01 Sec. 15-10.1. Purpose. A. It is the purpose of this ordinance to preserve the peace and tranquility of residential neighborhoods by prohibiting excessively loud sound and by requiring abatement of excessively loud sound. B. This section shall apply to the control of sound originating within the jurisdictional limits of the City of Boynton Beach without regard to the content, meaning, or message of the sound. It is the express intent that enforcement of these regulations shall be coment neutral. cc. 15-I0.2. Terminology and standards. 11 terminology used in this ordinance, shall be a,s ~e.fi~. ed h~e,rein .or: if no.t~.d_efi..n_eSagt~.x~;~ plan meaning by reference to common dmtlonary aenmUon, when mt~rp/erauonfi~.}D~,~- by reference to a source more definitive than this code or a dictionary, mterence slaan nrst oe made to publications of the American National Standards Institute (ANSI): Apparent Property line. The line along the surface, and its vertical plane extension, which separates one lot or parcel of property from another. )eeibel (dB). A unit for describing the amplitude of sound, equal to twenty (20) times the logarithm to the base ten (10) of the ratio of the pressure of the Sound measured m the reference pressure, which is twenty (20) micropascals (twenty (20) micro- newtons per ~quare meter). Emergency. Any occurrence or set of circumstances involving actual or eminent physical trauma or property damage which demands immediate action. Emergency work. Any work performed for the purpose of preventing or alleviating the ~hysical trauma or property damage threatened or caused by an emergency. ~ational Holiday. Those annual holidays designated in 5 U.S.C. 6103. Person. Any individual, association, partnership or. corporation, ~a~ ,d includes any officer, 1 [employee, d~pamnent agency, or instrmentality of the lJnited States, a state or any political ~lPlamly audible. A sound which is capable of being heard by a human being without the assistance ora mechanical or electronic listening or amplifying device, ,ound. An oscillation in pressure, stress, particle displacement, particle velocity or other ~hysical parameter, m a medium with internal forces. The description of sound may include ~ay characteristic of such sound including duration, infensity and frequency. lound disturbance. Any sound which ~s: 1/02/01 (1) plainly audible beyond a distance of twenty five (25) feet or further from the apparent property line fi.om which the sound emanates, ~n a singIe residential zoning district, or (2) plainly audible in a dwelling unit adjacent to the unit from which the sound emanates or is plainly a~u~'~le twenty five feet (25)feet or further fi.om the apparent propgrty~:line :bom which,the: soUnd emanates, in multi-family residential'zoning distrcts. (3) plainly audible beyond a distance of one hundred (100) feet gr .further fi.om the apparent property .line from which the sound emanates when the sound emanates in a commer~ia;1, zoning .d/strict and iS heard in' a residential zoning district. Forrpm'pose of enforcement it is no~ necess to s ecifica 1 'd' ' ~: . . , ~ ary, p 1 y ~ ~ent~fy.theproperty hne as a~onld b~ depmted on a survey, ra~er an,~proximafion.o~ the, property line may be used :aking tnto consideration physical landmarksl such 'as fences~ lan~scaplng, setbacks, triveways, or ground treatment. Weekday. Any day Monday through Friday. Weekend. Saturday or Sunday. Sec. 15-10.3. Administration. The sound control program established by this ordinance shall be administered by the City Manager, or his designee, of the City of Boynton Beach, Florida. ;ec. 15-10.4. Inspections. Upon presentation of proper credentials, the City Manager or his designee, may enter and/or haspect any private property, place, report or records at any time when granted permission by the owner;~or by some other person with apparent authority toact for the owner. Sec. 15-10.5. Prohibited acts. No person shall make, continue or cause to be made or continued any sound disturbances, as :lefined herein, between the hours of 10:00 P.M. and 6:00 A.M on weekdays and between Ihe hours of I2:004z A__M. and 7:00 A.M. on weekends or national holidays. ;cc. 15-10.6. Exemptions. ;ound emanating from the following acts and the causing or permitting thereof shall be >ecifically exempted fi.om the prohibitions of section 15- t 0.5. /02/01 (1) (2) (3) (4) (53 (6) Motor vehicles. Operating motor vehicle noise enforcement procedures shall be as established in Chapter 316, Florida Statutes, and applicable roles and regulations of the Department of Highway Safety and Motor Vehicles. Aircraft and interstate railway and locomotives and rail cars. Sound generated by aircraft and interstate railway locomotives and rail cars. Emergency activities, Any sound generated as a result of emergency work or for the purpose of alerting the public to the existence of an emergency situation. Domestic power tools and lawn maintenance equipment. Any sound ~enerated by the operation and use of domestic po~ver tools and lawn maxmenance equipmem. Sound generated~ by the operation:and use of air conditioning units in residential districts. Non-amplified solo musical instrument played by an individual within a private residence. 15-10.7. Enforcement and Penalty. The City Code Enforcement Board shall have jurisdiction to hear and decide cases The City may enfome the provision of this Code by supplemental Code or enforcement procedures as provided by Pm 2 of Chapter 162, Florida Statutes, The City may prosecute violations by issuance of Notices to Appear for violation of a r Ordinance, in which case, the penalty for a violation shall be as follows: (1) First violation - $50.00 (2) Second violation within twelve (12) months of adjudication of fast violation- $100.00 (3) Third violation within eighteen (18) months of adjudication of first vmlation- $500.00 Each calendar day on which a violation exists shall constitute a separate violation for the purpose of determining the fi_ne. violation of this Article may be prosecutedcitizen as abringnUisance.suit in Thehis/her CitynameAttomeYagainst maythe s,2on behalf of the City, or any affected may r et'sons causing or maintaining the violation, or,against. ~e ow~.er/a.g_en,~t~°~f~ma~ }erson o p ~nilding or property on wmcn me wotanon md conditions of Chapter 60. Florida Statutes, entitled Abatement of Nuisances. 11/02/01 E. Violations of this Article may be enforceable by arrest. For the purpose of this section, any person owning or having responsibility for management of a .business premises, .however xemp0i-arily;~ any performer or disc jockey producing sound upon any business premises, any person playing, producing or controlling mtisic~ or ~ther s0nfid~':afl ~rsma havin · Cot~tr · ' - ' . . .. Y P : . g.. ol of the,.volume of musm or sound, and the t>us~ness as named on the o¢~upati0nal lmense where, the masac or sound ~s emanatin~ may be iointly and severally liable for compliance with this Art/cle and shall be responsible for any violations hereofi G. No citation er notice to ~pear for av:i01afie enforcementi0ffic~r or cod~ .enforCement. 6fficerN operator Which Iimmedia~ely,abgted, or if it resimaes wit~ ni~ety occurs again ~:~thin three (3) days, a citation or n :ic~ :this ordinance shallbe issued until a law om : o pm 0r ad em=2}~s tO request ab~ment of the ~ade'~md ~e 0ff~nding:iiound is not ,:minut~,~£o!10wing in/tial!~batement, or to app~ ma~ isSue.iwithlJ~ut additional Section 2. Each and every other provision of.Chapter 15~ of the Code of Ordinances of the Caty of Boynton Beach not hereto spemficait~/~ amenffe~: shall remain an ~1 fome and ~ffect as previously enacted. gection 3. All ordinances or parts of ordinances in conflict herewith be and the same are aereby repealed, provided that no portion of the City of Boynton Beach.Noise Control Ordinance shall repealed. The provisions of this ordinance shall constitute an alternate and supplemental means of enforcement to the City of Boynton Beach Noise Control;Ordinance. Section 4. In action or proceeding ,to enforce this oi'dinance it shall be prima facia evidence that prohibited music or other sound is audible at the property line of the property from which the sound is emanating if the prOhibited;sound canbe measured at a decibel level exceeding 65 dB, provided however,, tha~ no decibel level readings need be taken to substantiate a violation of this Article. Section 5. Should any section or provisaon of this ordinance or portion hereof, any caragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, tach decision shall not affect the remainder of this ordinance. gection 6.. Authority is hereby granted to codify said ordinance. ~ection 7. This ordinance shall become effective immediately upon passage. FIRST READING this (~ dayof [qo~te--~0~' , 2001. L/02/O1 SECOND, FINAL READING AND PASSAGE this day of__ ,2001. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: ,Clerk (CORPORATE SEAL) [t:\1990Lo00182-BB\ORD~Sound Conl~'ol Ordinance.doe i/o~ol Requested City Comrmssmn Meeline Dates [] November 20. 2001 [] December 4, 2001 [] Dec~rnber 18, 2001 [] January 2, 2002 XlI. - LEGAL ITEM A.2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office November 7, 2001 {5:00 p.m.) November21, 2001 5:00 p.m.) December 5, 2001 (5:00 p.m.) December 19, 2001 (5:00 p.n~ Requested City Conmmss~on. Date Final Form Must be Turned Meetin~ Dates ip to City Clerk's Office [] January 15, 2002 [] February 5, 2002 [] February 19, 2002 [] MarchS, 2002 Januat~ 3, 2002 (5:00 p.m.) Janbary 16, 2002 (5:00 p.m.) February 6, 2002 (5:00 p.m.) February 20, 2002 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business --] Public Hearing [] Legal [] Bids [] Unfinished Business [] _~mnouncement [] Presentation [] City Manager's Report RECOMMENDATION: Motion for approval of an Ordinance relating to the/mposition and collection of Fire Rescue Assessments against property;, Amending Ordinance No. 01-34, The Fire Rescue Assessment Ordinance to limit the nmposition of the Fire Rescue Assessment to seven years. EXPLANATION: The City Commission enacted the Fire Assessment ordinance on Jnly 1 I, 2001, and in accordance with its provisions adopted the Initial Assessment Resolution (R01-217), also on July 11, 2001. In response to much public comment during the public hearing the City Commission finds it to be in the besl interest of the City to amend the Fire Rescue Assessment Ordinance and only authorize the imposition for the Fire Rescue Assessment Ordinance for seven years, until Fiscal Year 2007-2008. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: Deparmaent Head's Signarare City Attomey Department Name City Manager's Signature City Attom~ ~ t~i~ance / Human Resources S:/BULLBTII'gFORIvlS/AGENDA ITEM KEQUEST FOR/vi. DOC SECTION 3. AMENDMENT OF ORDINANCE NUMBER 01-34~ The City Commission hereby amends Article IV, "General Provisions," to include the following new section: SECTION 4.05. LIMITATION ON FIRE RESCUE ASSESSMENT DURATION. Notwithstandinq any authority ~n this Ordinance to the contrary, no Fire Rescue Assessment shall be imposed to fund any Fiscal Year beyond that Fiscal Year endincl on September 30, 2008. (~ represent deletions; double, underlines represent additions.) SECTION 4. SEVERABILITY. The provisions of this ordinance are severable; and if any section, subsection, sentence, clause or provision is held invalid by any court of competent jurisdiction, the remaining provisions of this ordinance shell not be affected thereby. SECTION 5. EFFECTIVE DATE. This ordinance shall take effect immediately upon its passage and adoption on the second and final readinG. PASSED AND ADOPTED on First Reading on the ~, day of November, 2001. PASSED AND ADOPTED on Second Reading and Final Reading on the day of November, 2001. (SEAL) ATTEST: CITY OF BOYNTON BEACH, FLORIDA By: GERALD BROENING, Mayor Janet Prainito, City Clerk APPROVED AS TO FORM AND CONTENT: James A. Cherof, City Attorney 2 Requested City Comra/ssion _Mcetmg Dates [] Novc~mber20. 200] [] December 4. 2001 [] December 18, 2001 [] January 2. 2002 XlI. - LEGAL ITEM A.3 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Tumed in to C iw Clerk,s Office November 7,200I (5:00 p.m.) November 2h 2001 t5:00 p.m.~ De~erab~ 5, 2001 (5:00 p~m-) December lS, 2001 (5:00 p.m. Requested City Commission M_oetin~ Dates [] January 15. 2002 [] February 5, 2002 [] February 19 2002 [] March 5,2002 Date Final Form Must be Turned in to Ciw Clerk's Office Iauuary 3, 2002 (5:00 p.m.) JanuaE 16. 2002 (5:00 p.m.) February 6, 2002 (5:00 p.m.) February 20, 2002 (5:00 p.m.) NATIJRE OF AGENDA ITEM [] Administrative [] Development Plans [] Consem Agcmda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] _Mmouncemem [] Presenmfiun [] City Manager's Report RECOMMENDATION: Please place this request on the November 2{3, 2001 City Commission Agenda under Legal, Ordinance - Second Reading. You will recall that this item was approved by the City Comunssion on First Reading on November 6, 2001. Please see attached ordinance for further details pertaining to this request. EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRII°TION: GYMNASTICS CENTERS IN M-1 Marcy Martine N/A City-Wide Request to amend Chapter 2. Zoning, Section 8.A.l.d. ~9'1 to allow gynmastic centers as permitted uses in the M*I zoning district. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A N/A ALTERNATIVES:. (.,/ISexfel~pzfient ~)epartment Director Direem, c ty ^tto yW ance/ um eso ces S APlanmng~qHAREDkWPYPRO JECTSkGymnastics Ctrs in M-l( Flip City)kFlip Cit~ CDRV ~.g~nda It~em Request Gynmastics 2nd reading 11-204)1.dol S :~BULLETIN~OKM SkAGENDA ITEM REQUEST FORM.DOC ORDINANCE NO. 01- AN- ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING LAND DEVELOPMENT REGULATIONS, CHAPTER 2 "ZONING", SECTION 8.A.l.d.. PROVDING FOR THE ADDITION OF A NEW PERMITTED USE, 'GYMNASTIC CENTERS," TO THE M- 1 ZONING DISTRICT; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, Chapter 2, Section 8. A.l.d. of the Land Development Regulations of the City of Boymon Beach Code of Ordinances limits the M-1 zomng district to specific miscellaneous uses and does not include gymnasmms or gymnastic centers; and WHEREAS, the City Commission of the City of Boynton Beach deems it to be in the best interests of the citizens and residents of the City to amend the Land Development Regulations to include gymnastic centers as a permitted use. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF rilE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing whereas clauses are true and correct and are now ratified and confirmed by the City Commission. Section 2. That Chapter 2. "Zoning", Section 8 A.l.d., of the Land Development Regulations of the City of Boynton Beach Code of Ordinances is hereby amended by creating new subsection (9), by adding the words and figures in underlined type and by deleting the as follows: (9). Gymnastic centers Section 3. Section 4. Each and every other provision of the Land Developmem Regulations · amended, shall remain in full force and effect as originally adopted. All laws and ordinances applying to the City of Boynton Beach in conflict with any provisions of this ordinance are hereby repealed. Section 5. Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 6. Authority is hereby given to codify this Ordinance. This Ordinance shall become effective immediately. Section 7. FIRST READING this t¢ day of November, 2001. SECOND, FINAL READING AND PASSAGE this 2001. day of CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner Requested City Comrmssion Meetin~Dates [] November 20, 200l [] December 4, 2001 [] December 18, 2001 [] January 2, 2002 XlI. - LEGAL ITEH B.1 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in ~c, City Clerk's Office November 7. 2001 .15:00 p.m.) November 21,200I (5:00 p.m.) December5, 2001 (5~00 p.m.j December I9. 2001 5;00 p.n~) Requested City Comm/ssion Meethag Dates -~ January 15, 2002 [] February 5. 2002 [] February 19,2002 [] March 5. 2002 Date Final Form Must be Turned in to City Clerk's Office January 3, 2002 (5:00 p.m.) January 16, 2002 (5:00 p.m./ February 6, 2002 (5:00 p.m.) February 20, 2002 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] NewBnsiness [] Public Hearing [] Legal [] Bids [] Unfinishad Business [] Axmouncemen~ [] Presentation [] City Manager's Report RECOMMENDATION: Motion to approval an Ordinance, to amend provisions of the Sign Code to facilitate enforcement, administration and to comply with emerging legal guidelines. EXPLANATION: The City Administration has been in the process of a review o£ the provisions of the City's Sign C°de and have made recommendations based upon adm/nistratave considerations, emerging trends, aesthetic concerns and emerging legal guidelines to amend certain sections of the Code as they relate to banners. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: Department Head's Signsmxe City Attorney Department Name City Manager's Signature Attomey/ffFinance / Human Resour S:kBULLETIN~FORMS~AGENDA ITEM REQUEST FORM.DOC ORDINANCE NO. O1- ,~ AN ORDINANCE OF THE CITY OF COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING PART IH, "LAND REGULATIONS", TO THE TERM . "LAND 21, OF FOR WHERF~; ~S, ~e City administration h~.b~3;Jn Ce process of a review of the provisions of the City's Sign Code and has made ~ecommendations based upon administrative 9.on,idolizations, emerging .tr~ndsi. aes~tic .concerns, and emerging legal guidelines; and WHEREAS. the City Commission has determined that it is in the best interest of the :ommunity to amend provisions of the Sign Code to facilitate enforcement, administration, and to comply with emerging legal guidelines; and WHEREAS, the amendments hereinafter set forth will facilitate the administration of the City's regulation of signs in a manner which balances aesthetic concerns, commercial needs, and existing property fights; and WHEREAS, the City Commission has determined that it is in the best interest of the aesthetic concerns of the City of Boynton Beach that this Ordinance be adopted. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA: Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby ratified and confirmed by the City Commission. Page 1 of 29 DNT:dnt S:\CA\Ordinances~LDR Changes~slgn code revision for bamaers-DT111301 .doc Section 2. Article II, "Definitions'. ~¢G:hap;ter L, YGeneral Provisions", of the Land Development Regulations, Part I1t of the Code of Ordinances is amended as follows: BAi'~IER ~ A sign having the characters, letters, illustrations or ornamentation applied to cloth, paper, film or fabric of any kind, with only such materials for a backing. ?~:r Section 3. That Part III, "Land Development Regulations", Chapter 21, "Signs", of the Code of Ordinances of the City of Boynton Beach, Florida, be, and the same is hereby amended to read as follows: CHAPTER 21: SIGNS ARTICLE I. IN GENERAL Section I. Short title. This chapter shall hereafter be known and cited as "The Boynton Beach Sign Ordinance." Section 2. Definitions: "Sima" shall mean an include any letter~ figure, character, mark. plane, point, marquee sign, desima, poster, pictorial, picture, banner, stroke~ stripe. line, trademark or readine material which shall be constructed, placed, attached, painted, erecte& fastened, manufactured or displayed in any manner whatsoever for the purpose of informing of or advertisine about the nature, rvpe or quality of ~oods. services or activities available; or ro advertise the name of any firm. corporation business or any other enterprise, or its nature. type or quality of goods, services or activities: or m attract to or identify any of the aforementioned or by its nature, act to draw, attention to a business. Every sign shall be classified and shall conform to the requirements set forth in this chapter. Page 2 of 29 ,NT:dnt ~:\CA\OrdinanceskLDR Changesk~gn code revision for banners-DTl 11301 .doc Section 3_~. Purpose. The purpose of this article is to create the framework for a comprehensive and balanced system of sign control. It recognizes the need for a well maintained and attractive appearance m a community and the need for adequate business identification, advertising and commumcation. R is the intent~of this :chapter topromote the health; 'safety~ convenience, aesthetics and generalwelfare.bycontrol!ing signs~whichare intended to communicate to the. public anctto authorizethe use of signs which_are: A. Compatible with their surroundings. '- -..B Desima~& constructed, ihstalled and maintained in such a manner ~aat th~ d~ no't endanger p~b!ie safety~ nor ~0ntfibute to vehicular visual ~stracfi0h. C. Efficient in transfer of information. Section _45. Penalties; enforcement. Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and upon conviction therenfshall be subject to a fine not exceeding five hundred ($500) dollars. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder. Enforcement of this chapter may also be secured through the Code Enforcement hearing process under Chapter 2, Article V of the Boynton Beach Code of Ordinances. Section 5_4. Permitting. Except as provided in Article II, Section 2 it shall be unlawful for any person to erect, repair, alter; or relocate within the city any sign and the · - ^~ ~,~. n,~. ~.*:~: ............ .~ defined in this structure sul~vOrtlng the s~gn ....... ~ ........... ~o ........ as chapter, w~t~out first obtalmng a penmt from the Boynton Beach Development Depatunent and making payment of the fee required. All illuminated signs shall, in addition, be subject to the provisions of the National Electrical Code. Signs and swactures supportin~ s~gns t~r-~t~hm~mit~ previously erected without a valid permit shall be in violation of this chapter and shall be deemed illegal signs. It shall be mandatory to obtain a permit for an illegal Page 3 of 29 :\CA\Ordinances~LDR Changes'sign code revision for banners-DT1 11301.doc sign, or to immediately remove ~tfch s~gn _aa~d the structure supporting such sign ¢~ s:.gn s~acmre upon notice Jflaat the sign or sa'ucmre supporting the sign or ~,~: ...... ......... * .... ~s' illegal.' The notice shall contain a time period for removal. Section 6_5. Application. Application for permits shall be made upon blanks provided by the development department and .shall contain or have attached thereto the following reformation: A. Name, address and telephone number of the applicant; B. Location of building, structure or lot to which, or upon which, 'rtmg the ' ~ ^+~,~- ~ ..... :~: ...........is to the s~gn and structure suppo s~gn o be attached or erected; C. Position of the sign. and structure supporting the sign or~V, taer ~ in relation tO nearby building, structures and property lines; D. Two (2) copies of the plans and specifications and method of consmaction and attachment to the building or in the ground, plan~ must include all proposed sign colors. E. Documents showing that the structure supporting the sign is designed for dead load and wind load in any direction in an amount conststeaat with the requirements contained in the-Standard Building Code and as required by this and all other laws and ordinances of the city. The seal of a Florida registered engineer or architect shall be affixed to drawings of the signs or :;,gn s~ucmres and/or sumcmre supporting the sign which have an area exceeding thirty-two (32) square feet and/or exceeding ten (10) feet in height, certifying that such signs are designed to meet the required loading. In cases when required by the director of development, signs shall show calculations for wind loading. F. Name of person, firm, corporation or association erecting the sign and the sm~cture supporting the sign smaem~; G. Written consent of the owner :of the building, structure or land to which or on which the sign and the structure supporting the Sign is to be erected; Page 4 of 29 a code revision for banners-DT111301.floc H. The type of sign e~and s:,~m su'ucture supporting the sign as defined:by this chapteri I. The estimated value of the sign and/or the structure supporting the sign su~acmre; J. All electrical details required to determine code compliance for the sign and the snrucmre sup¢orting the~s[gn; and Section _76: and other of this chapter shall issue Standard All such other information as the development department shall require to demonstrate compliance with this and alt other laws and ordinances of the city. plans and specifications a which it is proposed to erect the sign and if it t all the requirements ; of the city, the department All permits are subject to the requirements ~adopted C0unty~de Admirdstrative section of the Section _8g. Permit fee. Every applicant, before being granted a permit hereunder, shall pay a fee to:the develoPmefit:department prior to permit review or issuance. Any sign or structure supporting _a sign which is erected or is ~n the process of being erected without a permit is subject to a total permit fee of four (4) times the,noml permit fee. Section 9_8. Annual.inspection. The city may inspect at any time each sign or ~*~ ..... ~-~'~:~:~ ........ sumcture supporun~ a sign regulated by this chapter for'the purpose of ascertaining whether the same is unsafe, in need of repair or maintenance, not in conformance with the permit application or otherwise in violation of the provisions of this chapter. Section 109. Revocation of permit. Page 5 of 29 DNT:dnt ~:\CA\OrdinanceskLDR ChangesXsign code revision for banners-DT111301.doc The develotmaeat dep~ is authorized and empowered to revoke any perrmt tssued i~:there has been a vtolation of the provisions of this chapter or a misrepresentation of fact on the permit application and specified in the latest adopted Countyw/de Administrative Section of the Standard Building Code, Section 11-143. Unsafe and unlawful signs. If it is determined that any sign,_-or structure supporting a sign. o~ .............. = ....... re ated herein is unsafe or insecure, or is a menace to the public, or has been constructed or erected or is being maintained in violation of the provisions of this ordinance, he the appropriate Cit,v Official shall give written notice to theowner thereof. If the owner fails to remove or alter the sign or structure so as to comply with the standards herein set forth withn the time prescribed in the notice, such sign or c,+d~er a~v~rt, izin,-= structure may be removed or altered to comply by the city at the expense of the pemfittee or owner of the property upon which i~ the sign or sumcrure supporting the si~x is located. The development department shall not msue a permit to any permittee or owner who refuses to pay costs so assessed. The director of development may cause any sign ot structure · ,, - ~ ~a~,~+;~;~ ~+~.~,~,.~ ' immediate suppomm, a s~gn oth ............ = ....... which presents an peril to.persons or property tohe removed without notice. Section 12_44. Permit number posting. Every sign or structure supporting a sign other~,.,~.~.o~.s~a"~**;o: ............ o~,.~. hereafter erected shall have placed in a conspicuous place thereon, the permit number of the sign. Section 13J~3. Maintenance. The owner of any sign and structure supporting a sign. as defined and regulated by this chapter: shall be required to properly maintain said sign and structure. For a sign to be properly maintained, the sign, together with its framework, braces, angles or other supports shall be in a safe condition, properly secured, supported and braced and shall be able to withstand weather conditions and loads as required by the regnlatory codes in effect within the mumcipal limits. Maintenance shall include painting and parts replacement. Section 1813. Licensing, competencyofcontractors. A person shall not engage in the business of erecting, painting, wirmg or mamtaining signs wittfin the city without first having procured an Page 6 of 29 )NT:dnt i:\CA\Ordinances~LDR Changes~s~gn code revision for banners-DTl 11301.doe occupational license for such business from both the city and the county. The following qualifications shall govern the categories of sign work: A. Sign contractor, electrical. Those who are qualified and licensed to install, repair, alter, add to or change any electrical wires, apparatus, raceways, conduit or any pan thereof on electrical signs and who are also qualifieC}: to erect signs. ~SUCh Contractormay cormect to any existing sign circuit and may. . contract and secure permits for the erection of electrical signs or:sign, structures.' B~ Si~ contractor, non-electrical Those who are qualified and hcensed to ir~t~k-xepa[r,..a4d.to~ paint ,or, change non-electric, al signs, accOrding.tO ~and~[ Bnil~g Code i~d WhO may secure pe~ts for the ~recfion OX e!eelff~a~:s~ ~g~. ~2m sign stm~tt~.~es;(but mst sublet the electrical W~k Unless an.electrical e6ntraet0r is assoCiated.with the fro). g either of the above ~on shall be construed to ~eting and erecting a non- rty-tW0 02) square feet in iueh work shall be erected all: other sections of this Section 15_44. Wind pressure and dead load requirements. All signs and other advertising structures shall be designed and constructed to withstand wind and dead loads as required by the Standard Building Code or other ordinances of the city. Section 1~664-5. Removal of abandoned signs. Any sign. or structure supporting a sign, now or hereafter existing which no longer advertises abona: fide business conducted or a product sold shall be taken down and removed by the owner, agent or person having the beneficial use of the building or structure upon which such sign may be found, within ten (10) days after,the business use ceases. ARTICLE II. VARIANCES/EXEMPTIONS AND PROHIBITIONS Section 1. Variances. Page 7 of 29 DNT:d~t ~:\CA\OrdinanceskLDR Changes~sign code rev~smn for banners-DTl l 1301.doc After denial of a sign permit by the development department, a request for variance may be filed with the board of zoning appeals. The board of zomng appeals may grant a variance if it finds that the unusual shape or topography of the property in question prevents signage allowable under the provisions of this ordinance from adequately identifying the business or other activity located On such property. The board of zorfing appeals may only grant a variance to: A. Allow a setback less than that required under the chapter; B. Allow the area and/or height of a sign to be increased by up m twenty-five (25) percent of the maximum allowable height or area; or C. Allow the number of signs m be increased over the maximum allowed by this code. No variances may be granted to signs expressly prohibited by this chapter. Section 2. Exemptions. The permit requirements of this chapter shall not apply to the following signs, provided however, that said signs shall be subject to other provisions of this code: A. Real estate signs not exceeding five (5) square feet in area which advertise the sale, rental or lease of the premises upon which such signs are located. These signs must be set back ten (10) feet from the property line, meet the structural requirements and must not exceed four (4) feet in height. Only one (1) such sign is allowed per street frontage. B. A single residential yard sign, not exceeding three (3) square feet in area (Beware of Dog, Watch your Step, Name and Address, etc.). C. Window/door signs using less than twenty (20) percent of the total glass area facing in any one direetien. This area is not included in the total sign area allowed under this chapter. These signs are not permitted m residential zoning dislficts. D. Political signs. These signs must comply with Article III, Section 6.D of this Chapter. Page 8 of 29 ode revision for banners-DTl 1130Ldoc tZE. Bulletin boards .not over eight (8) square feet in area for public, char/table or relig/ous institutions when the same~ are located on the premises of such institutions. GF_. 0ccupafiona!,sjgns ,den0~ng only,,the name and profession of an occupant in a, cqmm~,rCigl ,bui~,~gg, p~ubti~.institutional building or dwelling house and not exceeding two~(2) square feet in area. t4G. Memorial signs or tablets, names of buildings and date of erection, when cut into any masonry surface or when constructed of bronze or other incombustible materials. ~H. Traffic or other governmental signs, legal notices, raikoad crossing¢ signsi d~ger_ si~s,:"~ ~d such ,i!emporary, emergency or non- advertising signs as may be a~rq~rect~by the ~city.. ,~ ~. Signs indicaOrtg the ad~e~s and/or name of the: residential occupants of the premises, noi exceeding two (2) square feet in t~_, Vehicular signs ~_K. Bus shelter sign,q. Section 3. Prohibitions.- The following signs and related equipment are prohibited in all districts: A. Any sign and/or sig~ structure which does not meet all the criteria set forth in this chapter. B. Animated/fluttering signs C. Balloons tgD, Bus bench mgns gE__. Festoons G_F. Flashing signs Page 9 of 29 ~NT:dnt S:\CA\OrdinanceskLDR Changes~s~gn code revision for bamaers-DT111301.doc IqG. Roof signs tH. Rotating signs Signs that swing I4J. Sidewalk signs (sandwich/"A" frame) tK. Portable signs M~L. Signs that obstruct free ingress to or egress from a door, window, fire escape or other required exit or enu:ance. ~4M. Signs which use the words DANGER, STOP or LOOK or any other words, phrases, graphics or characters in a manner as to interfere with, confuse or mislead traffic. ON_. Snipe signs or s~gns attached to or painted on fire escapes, television antennas, satellite dishes, utility poles or any other associated Stnlcnlre. PaD. Signs which emit odors, sounds, smoke, vapor or other visible matter. I~P. Signs or sign structures supported by visible guy wires, cables or where there is visible electrical conduit. R4~. Unauthorized signs on property owned by or under control of the City of Boynton Beach. Chapter. · S. Off premises sxgns, except those permitted under Article III, Section 6 or Chapter 22, Article II, Section 7, Paragraph O. ~_T. Electrical signs of a commercial nature m residential zoning districts, except that in a development where models are being demonstrated, an illuminated sign, meeting the other requirements of this chapter, may be used provided no illumination is shown between the hours of 9:00 p.m. and 7:00 a.m. the following day. Page l0 of 29 kdnt ;:\CA\OrdinanceskLDR Changes ~s~gn code revision for banners-DT111301 .doc YU. Commercial advertising manet, including but not limited to, circulars, throwaways, handbills; provided however, this prohibition shall not be construed to prevent the use, distribution or dissemination of such matter on a regular weekly, bi-weekly o[ monthly basis by a person or business duly licensed or registered~with the city. iThis prohibition shall not be conslrued to include business cards. X;VrV. Billboards. ~4W.__ Non-geometric signs shaped to depict figures or demonstrative shapes used to.am:act attention to the business activity with which the sign ~s associated. ~W_. Painted Wall Signs. ARTICLE III. SPECIAL CONDITIONS Section 1. Traffic haZards. No sign or cther ad"gn:~zin~. ~ structure supportin~ a sign regulated by this chapter shall be erected at the intersection of any streets in such a manner as to obstruct free and c[ear vision; or at any location where, by reason of the position, shape or color, it may interfere with, obstruct the mew of or be confused with any authorized traffic sign, signal or device. Section 2. Obscene matter/misleading advertising. It shall be unlawful for any person to display upon any sign or other advertising structure any obscene, indecent or immoral matter. It shall be' unlawful for a person to display false or misleading statements upon signs, calculated to mislead the public as to anything sold, any services to be performed or information disseminated. The fact that any sign or display shall contain words or language sufficient to mislead a reasonable and prudent person in reading same, shall be pr/ma facie evidence of a violation of this section by the person displaying the sign or permitting same to be displayed. Section 3. Aesthetics. The aesthetic quality of a building or an entire neighborhood is materially affected by achieving visual harmony of the s~gns on or about a Page 11 of 29 }NT:dnt ,:\CA\OrdinanceskLDR Changesksign code revision for banners-DT111301 .doc structure su ortin a sion as it relates to the architecture of the building or the adjacent surroundings. In addition m the mechanical limitations on signs imposed by this section, there are certain aesthetic considerations which must be met and are therefore subject to review by the Planning and Development Board when required. A. The scale of the s~gn must be consistent with the scale of the building on which it is to be placed or painted and the neighborhood in which it is located. However, in no case shall it exceed the size provided for in other sections of this chapter. The overall effect, of the configuration or coloring, of .the .sign shall be consist~i~ with the Community Design Guidelines. The configuration and colors shall be complementary with other sign~ already on the building and on adjacent properties. All freestanding signs shall be landscaped in an attractive manner, appropriate to the specific location, with a minimum dimension of the landscaped area not less than two (2) feet. Landscaping shall be protected from vehicular encroachment. Section 4. Interpretation. Where a question arises regarding the interpretation of this chapter, the most restrictive interpretation shall prevail. Interpretations of this chapter shall be made by the director of development or designee. Section 5. Setbacks. All signs must meet a minimum ten (10) foot setback measured from the property tine to the closest surface of the sign. Where a building is closer than ten (10) _feet fi:om a property line, a freestanding sign can have its leading edge one halfway between the property line and the building. Wall signs can be on the building surface. When an accessway intersects a public right-of-way or when the subject property abuts the intersection of two (2) or more public rights-of- way, all signage within the triangular areas described below shall provide unobstructed cross-visibility at a level between thirty (30) inches and six (6) feet. The triangular areas above referred to are: The areas of property on both sides of an accessway formed by the intersection of each side of the accessway and the public Page 12 of 29 2)NT:dnt k\C A\OrdinanceskLDR ChangesXsign code few s~on for bmmers-DTl 11301 .doe right-of-way line with two (2) sides of each triangle being ten (10) feet in length (or more when determined to be necessary hy the development deparanent), from the point of intersection d the third side being a line connecting the end of the other two (2) sides. Bo iTh¢ area of property located at a comer formed by the nt~rs~ction of/WO ~2) or more public or private rights-of-wayo ?ih~tw0 (~) sideg :if the triandular area ~c~ng thi~y-five (35) f~et in lengtlX along the abutting public ri~ht-of-way lines, ~eas~ed from their point of intersection and the th/rd side b~ff~ ~.iiine c0~.~.eetin~ the ends of the other two (2) lines Section 6:. ' S~eci~ signs. el,.op~ary' .p~r0j,ect development signs. Large areas under meht::~/ll'b~ permitted two (2) signs not to exceed a ~i~ed' .~ggr~gate drea of two hundred flay (250) square feet.' Said ~igns shall be located in accordance .with the requirements, contained in tiffs chapter relating to the specific zoned ar~a~ i~.rmits for said signs shall be limited to the time the deveBimi':~nl is completed, terminated or abandoned. The [~W~}~ ~-gr su, c~ sfgns will not be issued prior to the date upon ~ 3p~.li~atio~ for a pemfit for the related building d~;tibfi: ~'~it~ d~velopm~nt is filed. These signs must be re~o~d*~viti~' si~it~ (60)days after the permit is issued, if constm?i0n ~ not commenced, or if such construction is substantially h~l~}mdoned for ni~iety (90) days, as evidenced by a lack of ~spectious and/or other pertinent condifi6ns. Signs mU~t :~e ~ei~i6~d: When the £mal building inspection is called for. ~emporary construction signs. One (1) non-illuminated sign a:y b~ permitted'to be erected on the premises or attached to a tool house on the premises subject to the following conditions: Such sign shall not exceed thirty-two (32) square feet in area, Such sign shall ~aot be erected prior to the issuance of a building permit and must be removed when the building 0r,proj~ct~ is complefed; provided, however, if such s~gn is erected as permitted hereunder and construction is Page 13 of 29 DNT:dnt S:\CA\OrdinanceskLDR ChangesXsign code revision for barmers-DT111301 .doc not commenced within one hundred eighty (180) days after permit is issued, or if such construction is substantially abandoned for one hundred eight (180) days as evidenced by a lack of successful inspections and/or other pertinent conditions, such sign shall be immediately removed by the owner or lessee of the prcnnises. Such sign shall be located on the premises being developed i~ accordance with the requirements of this Code relating to the specific zone areas. Directional signs. General directional signs limited to six (6) per civic organization, church, recreational facility and limited to one hundred forty-four (144) square inches per sign and located at street intersections or other locations for the convenience of the traveling public, may be permitted in city right-of-way when approved by the director of development. The owner shall have the signs made at the owner's expense, but according to the specifications of the city. Said signs shall be placed by the responsible governmental body at the expense of the owner and when the sign is in the public right-of-way, it shall be placed on opposite comers from street signs. A limit of six (6) signs on one (1) pole may be permitted at each street intersection. Special civic event, recreational or expositional signs of a temporary nature, not to exceed seventy-five (75) square feet in area, which are of general benefit to the community and which are individually approved by the director of development, may be permitted. Such signs shall be located at specified points for the convenience of the traveling public. The signs shall be removed within five (5) days cf the completion of the event. Street signs. A subdivision name sign may be placed on a city street post by city personnel, provided it is requested through the Pubhc Works Department and paid for by the party requesting said sign. This sign Page 14 of 29 DNT:dnt S:\CA\Ordinanc~kLDR Changes~si~ code revision for bann~rs-DT111301.doc shall be identical to the street sign as to color, size and shape. Temporary directional signs may be erected to gu/de traffic to building models at intersections in the city rights-of-way. Such s~gns shall not exceed three (3) square feet m area, nor be more than three (3) feet in height above the grade of the right-of-way. Said signs shalLbe approx~ed by the development dep~ent. Not ~ethun six (6) such signs wilt be allo~ed for any one (1) development. These signs shall be plhced at the development deparuuent's discretion and in all cases shalt,~e:~Pi~ ~s close as possil~l~ to the de..velopment from the main thoroughfare. A residential subdivision, residential development or neighborhood association of twenty-five (25) units or more; may be allowed one (1) identification sign at each ~major intersection which serves the' residential stibdivision, residential development or neighborhood association, not to exceed two such locations. Each sign ~may have no more than two (2) faces not e~ceeding sixteen (16) square feet each face, and may be~iloeated in the public right-of-way when traffic visibility is unobstructed and the location is approved by:hthe director of development. Upon approval, the city ~and the representatives of the residential sul~div, ision or residential development or neighborhood association shall enter into a license agreement, setting forth?the terms and conditions upon which approval to place the sign on the public right-of-way is granted. Approval does not preclude the necessity to secure approvals from other governmental agencies. TemporarT. political signs may be posted on private property within the~city during the sixty (60) day period preceding any local, stat,e, or national election, with the consent of the property owner. Candidates or pardes desiring to post such signs shal~ file with the city Clerk a notice of intention, to post same prior to the posting of any such sign and shall agree to remove auy such signs so posted within ten (10) days after the date oi~ th~ election. No fee shall be required in connection with the pOsting of temporary political~ signs. Political circulars Page 15 of 29 ,:\CA\Ordmanc~\LDR Cha~ges~ign code rems~on For banners-DT1 ] 1301 .doc and handbills may be distributed within the city during the above s~xty (60) day period. All political signs must comply with the structural and setback requirements of this Code. Bus shelter signs. Signs on city transit stop shelters may be permitter} When authorized by written agreement approved by action of the City Commission pursuant [o the provisions of Section 337.407(2), F.S. When so authorized, the following standards shall apply: Signs on city mmsit stop shelters and associated structures and equipment, including but not limited to benches, bicycle racks, and trash receptacles, shall be permitted only at city uransit stops designated by the city, or other areas approved by the City. Placement of bus shelters shall be subject to city review so that no shelter shall be permitted to obstruct a public sidewalk or create a hazard or m otherwise be detrimental to the rpublic safety. A permit for each bus shelter shall be equ/red, but no permit fee shall be charged. Bus shelters and associated structures or equipment ~all be designed to meet city building code requirements, if any. Any bus shelter or associated structures or equipment located on a sidewalk within a public fight-of-way, shall be so located so as to leave at least thirty-six (36) inches clearance for pedestrians and persons in wheelchairs. Such clearance shall be measured in a direction perpendicular to the cemerline of the road. In addition, shelters and pads shall comply with the Americans with Disabilities Act Implementation Manual, Accessibility Guidelines for Transportation Facilities; Part IV of the Federal Register, Transportation for Individuals with Disabilities; Florida Statutes, Section 33?; the Florida Administrative Code Rule Chapter 14-20 and any city standards or guidelInes for placement and design. Not more than one bus shelter or associated structures or eqmpment displaying signage or intended for the Page 16 of 29 ~..xcNT:dnt A\OrdinanceskLDR ChangesXsign code revisio~ for banners-DT111301.do¢ display of s~gnage shall be permitted at a city transit stop~ Display space on bus shelters shall be limited in location and size to the side or rear wind screen panels. It: anY,bus,shelter or associated structures or equipment signage is deemed objectionable in the judgment of the ci~~, it Shall be removed by the sponsoring organization, Should any bus shelter, associated structures or equipment or sign on an associated stmeture or equipment, or bus shelter sign fail to conform to the ~b~y~_standards; or should a residential ~r~Perty owner 0hj~ct to the presence of a bus ~helter abUtting his p~ope~ny, then the city may order the .~sponsoring ,?r~zatmn to remove such hus shelter', and, that fai~g, may remove same at the expose of the ,Sp0~asohng organization, One :t:_te, mpo, .rary banners may be posted on private commercial or industrially zoned property within the city for one a period of time not~o exceed two weeks within a one year period. No temporary ba~er sign may be displayed without written approval in advance by the director of development or his/her designee. Temporary banner signs shall be limited m announcing the opening or closing of a commercial or industrial business and shall not be used to announce any sale or special busmess event. Temporary banners ma3~ not exceed an area of twenty (20) square feet each, may not be placed in setbacks, ,and may not create any obstruction m motorist visibility Applicant shall agree to remove banners with/n twelve:, hours,, upon posting of a tropical storm oF hurricane watch. This, subsection shall not be a~Sc. ak.!cv,, tc ~e C:'ty~ of ~ ...... ,~'~'~, ............ v ...... proh~hit the C~ty from '~:ng placing banner s~gns ~ithin the p/~bllc riP. hr-of-way within:certain deslgnated corridors throughout the Ci~ty id orde~r to announce~municipal or' noi-for profit hCfivitlesi!events or programs:~ursuant to tiffs Cha tlX~. Section 7. Nonconforming signs Page 17 of 29 S:\CA\OrdinanceskLDR Cbangems~gn code revision for barmers-DT11130t.doc A si or ~ : -' '- ~, - ~-: structure supporting a sign located in an gn - area annexed into the city after the adoption of Ordinance No. 91-1 (January 15, 1991) shall be brought into compliance with all provisions of the Sign Code within six (6) months following the date of annexation. No amortization period provided herein shall apply to signs or structures su: .ortin~ the sic. ns_within such annexation areas. A 15illboard sign m an area of Palm Beach County which is annexed into the City of Boynton Beach after the date of adoption of Ordinance No. 94-18 (Iune 21, 1994) shall be brought into compliance with all provisions of the Sign code within, five (5) years following the date of annexation, provided that any billboard on undeveloped land shall be brought into compliance as a condition precedent to the issuance of any development order sought prior to the five-year amortization period. An existing billboard sign which was armexed into the City of Boymon Beach after January 15, 1991 shall be brought into compliance within five (5) years from the date of adoption of Ordinance No. 94-18 (June 21; 1994). The provisions of this section which define and delineate a nonconforming sign shall apply m all billboards annexed into the city. Any existing sign which does not conform to the requirements of this chapter, shall hereafter be deemed nonconforming. All signs must be maintained to original standards and conditions and upon modification must comply with alt sections of this chapter. Relettering or change of copy, provided there is no alteration or repair made to the sign structure, shall not constitute a modification. Nonco~orming signs shall be removed, changed or altered to conform tothe provisions of this chapter by December 31, 1999. A sign shall not be deemed nonconforming if any one of the following conditions apply: A. The sign is a freestanding sign which does not exceed 24 feet in height but is otherwise in conformance with all provisions of this chapter; or B. The sign is a wall sign or freestanding sign which does not exceed the sign limitations set forth in this Sign Code by more than 20 percent and is otherwise in conformance with all provisions of this chapter; or Page 18 of 29 code rewsmn for banners-DT111301 The sign is a fi'eesranding sign which does not meet the setback requirements of this chapter, but does not otherwise violate the setback requirements set forth in Article III, Section 5 or any other provisions of this chapter. If any'nonconfomaing::sign.iS da~. aged by~my cause or is otherwise/n need of repair, to such an extent that the cost of re-l~alring',the sign equals fit~ (50) per 'Cent.-or more-of the nriginal.,cos~ o~ si~ then ]ts classifie~ti0n a~ a nonconfonmng s~gn under tl~s set,on ~hatl b~ ,automatically revoked and repairs shall' be made so )tl/at: such ~igr~ shall meei.'all the requirements of this chapter. S~¢fiort8 . Overhead, clearance. A sign proj~i~g over, areas~where vehic~ar traffic may be required to pass shall be ere~teC~i0.!maint~ir[.a minima.clear,ce of sixteen (16) feet for the free p~'ssage oEsu~h vehieieS. ARTICLE IV. SIGNS ALLOWED Section 1. Signs allowed in residential zoning districts. The following signs a~e allowed :and regulated in residential zomng districts: A. One (1) plaque not exceeding two (2) square feet in area. On plots, containing permitted nonresidential su'ucmres or uses, a flat or fi'eestanding sign, not exceeding thirty-two {32) square feet in area will be permitted for the limited purpose of advertising only the main use of the premises. A flat wall sign on a building must not be higher than ten (10) feet, and a freestanding sign must not be higher than six (6) feet. Signs on entxy walls may not extend above the top of the wail. C. Temporary real estate signs Single Family: One (1) real estate sign not exceeding five (5) square feet in area and no taller than four (4) feet is allowed per street frontage. Page 19 of 29 S :\CA\OrdinanceskI.D R Changes~s~gn code revisiun for barmets-DTI 11301.doc Multi-family or commercial: One (1) real estate sign not exceeding thirty-two (32) square feet in area end no taller then six (6) feet is allowed per street frontage. A condominium, residential development, or incorporated residential neighborhood association may erect single faced name signs on each side of all entrances on site walls or one (t) freestending monument sign for each entrence, These signs are notto exceed thirty-two (32) square feet in area, nor be more than six (6) feet in height. Directional signs for multi-family or permitted nonresidential structures, not exceeding four (4) square feet in area nor five (5) feet in height_may be allowed at points of ingress end egress. (Ord. No. 96-61, § 5, 1-21-97) Section 2. Signs allowed in commercial nonresidential districts not otherwise excluded. The following signs are permitted and regulated in all commercial nonresidential districts not specifically set forth elsewhere in this chapter: One (1) real estate sign advertising For Sale/Rent/Lease, may be placed on the premises and shall not exceed thirty-two (32) square feet in area, nor sxx (6) feet in height. One (1) such sign is permitted for each street frontage. One (1) double faced freestanding sign advertising the use of the premises. The maximum area for this sign shall be one (1) square foot of area for each linear foot of street frontage; no such sign shall exceed sixty-four (64) square feet in area. No sign shall be taller then twenty (20) feet. One (1) or more fixed projecting or flat wall sign(s) which advertises the use of the premises, provided that for the projecting sign, the sign end its supports shall not extend more then three (3) feet beyond the face of the wall, nor shall either sign extend above the parapet of the building or beyond the building comers. The maximum area for this signage shall be one and one half (1-1/2) square feet of area for each. one (1) foot of linear building frontage. Page 20 of 29 :\CA\OrdinauceskLDR Chaagesksign code revision for bmaners-DT111301 .doc D. In addition to the other signs in this section, one (1) on- premises sign, described as follows, shall be permitted in those commercial districts of the city where drive through restaurants are permitted. Said sign shall be an exterior single-face menu sign ~ith illustrated face not to exceed twenty, five {25) square f~e~, iS~l~ s~ii~lll~;all0w ~or instructions ~n use 0f pie'k-up .. windo~ S~ce and]list the menu and price of items to be se~ ed,: ,with~er.i~p .of the sign not to exceed five (5) feet ab0ve, gr°und le{?~l ¢,the base o~the sign. E. Non-i!luminat ~ed identification signs shall be permitled on the rear door of~ business establishments_provided such signs are tt 4:toi kd e are '~ .- Dirqational,Slgn~,,no~ exceeding four (4 s uare feet in area ~:,5~6 i5) '(eet~}i; h~ght with a limit of four (4) signs per lot located ai¢0~ bf'~ding lol ingress and egress. Temporary business identification signs shall be permitted instea, d of, ot~e~;wgl signs p~Red in this section. One (1) tempog~ary, sign fo~ a~maX.imum ~of thirty (30) days, can be perm~¢~d w~en:~a ~fieat~:,o£ Occupancy has been issued, pendLng the approval of a si~ application, ~f at the time of the ~ertific~te,of~cuP,~cy ~ appllcation for a sign Permit has b~en SUbmit~e~10 ~e'de~,el°Pment department. Section 3. Signs allowed~in shopping centers and public use districts. The following signs are perautted and regulated for shopping centers: One ('D real estate s~gn advertising "For Sale/Rent/Lease", may be pla6~d on the premises and shall not exceed th/rty-two (32) square 'feet in ~a, nor six (6) feet in height. One (1) such sign is perm/Red for each street frontage. One (1) freestanding sign advertising the use of the premises. The~maximum area for this sign shall be one (1) square foot of sign ar~a~foreach linear foot of street frontage of the lot provided such sign ,does not exceed one hundred sixty (I60) square !feet ia area or a maximum height of twenty (20) feet. Lots w.;~ch front on mo~e than one (1) collector and/or arterial r0aC~W~y shall l~e allowed one (1) additional freestanding sign. not to exceed one hundred sixty (160) square feet in area with a Page 21 of 29 S:\CA\OrdinanceskLDR ChangesXsign code revision for banners-DTl 11301.doc ma~im~ght; ~f ~enty (20) feet, to be located on additional ~oad~ - One (1) or more flat wall sign(s) which advertises the use of the prermses. .Th~;~aximum area for this signage shall be one and one half (1-1/2) square feet of area for each one (1) foot of linear building frontage. Where a covered walkway is present, each store shall be permitted one (1) under canopy sign not to exceed three (3) square feet in area. This sign shall be placed in front of each occupancy perpendicular m the building face under the covered walkway and shall not be less than ninety (90) inches from the walkway, with a rigid mounting. A directory sign, not exceeding eighteen (18) square feet in area, is permitted. This directory sign can not exceed a height of six ~6) feet and must be placed within the building setback area. Fo Non-illuminated identification s~gns shall be permitted on the rear door of any business establishment, provided they are limited to three (3) square feet in area. Directional signs, not exceeding four (4) square feet in area, nor five (5) feet in height with a limit of four (4) signs per lot, located at points of parking lot ingress and egress. Temporary business identification signs shall be permitted instead of other wall signs allowed in this section. One (1) temporary sign for a maximum of thirty (30) days, can be permitted when a Certificate of Occupancy has been issued pending the approval of a sign application if at the time of the Certificate of Occupancy, an application for a sign permit has been submitted to the development department. Section 4. Signs allowed in malls. The following signs are permitted and regulated in malls: exterior building wall signs, one per exterior wall face of each major department store and other center section stores with exterior customer entrances. These signs must not exceed ten Page 22 of 29 )NT:dnt S:\CA\O~inanc~XLDR Chang~i~ c~e re.sion ~r bann~-DTl 1 I301.d~ ection 5. (10) percent of the exterior wall face upon which they are attached. Each entrance from the public right-of-way into the mall will be allowed a three-sided freestanding sign not to exceed thirty-two (32) square feet in area per sign face. A freestanding sign, in complianoe with Article IV, Section 3.B will be,permiSet} in lieu of the above referenced entrance signs. B. Directional signs, not exceeding four (4) square feet in area, ve 5 feet in, height with a limit of four (4) signs per lo~, norfi .,~.) : . ~' located at points ofparking lot ingress and egress. A dire~g0~ ~sign,.got exceeding e!ghteen (18) squ~are fee! in ~; iS ~ttedd ~s cl/rectorY slg~..~an,,not, ex.~c ~e.ed 0£ si~z'(~)~f~et'and:must be placed within the omlctmg semac area. D. Non-illuminated identification signs shall be permitted on the rear door of business establishments, provided they are limited to three (3) square feet in area. E. One [1) real estate sign advertising ' For Sale/Rent/Lease , may be placed on the prermses and shall not exceed thirty-two (32) square feet in area, nor six (6) feet in height. One (1) such sign - is permitted for each street frontage. Signs allowed ,in industrial zoning districts. The following signs are permitted and regulated in industrial zoning districts: A. One (1) real estate sign advertising "For Sale/Rent/Lease", may be placed on the premises and shall not exceed thirty-two (32) square feet in area, nor six (6) feet in height. One (1) such sign is permitted for each street frontage. B. One (1) freestanding sign, not exceeding sixty-four (64) square feet in area, advertising the use of the premises. This sign shall be predicated on:the basis of one half (1/2) square foot of sign area for each one (1) linear foot of street frontage, with a maximum height of twenty (20) feet. C. One (1) or more fixed projecting or flat wall sign(s) which advertises the use of the premises, provided that for the projecting sign, the sign and its supports shall not extend more Page 23 of 29 code revision for bmaners-DT111301.doc than three (3) f~i beyond the face of the wall, nor shall either sign extend above the parapet of the building or beyond the building comer. The maximum area for this signage shall be one (1) square foot of area for each one (1) foot of linear building frontage. Non,illuminated identification signs shall be permitted on the rear door' of business establishments, provided they are limited to three (3) square feet in area. A directory sign, not exceeding eighteen (18) square feet in area, is permitted. This directory sign can not exceed a height of six (6) feet and must be placed within the building setback aretk Lots which have uses which front on 1-95 may be permitted additional flat sign(s) subject to the limitations imposed m Article IV; Section 5.C if the building is designed to front on 1- 95. For proposes of clarification, fronting in this section means that the building entrance faces 1-95 and no garage doors are visible fi:om the Interstate. Additionally, the area between the use and the Interstate must be landscaped as if it were fronting on a street. Directional signs, not exceeding four (4) square feet in area, nor five (5) feet in height, with a limit of four (4) signs per lot, located at points of parking lot ingress and egress. Temporary business identification signs shall be permitted instead of other wall signs permitted in this section. One (1) temporary sign for a maximum of thirty (30) days, can be permitted when a Certificate of Occupancy has been issued pending the approval of a sign application, if at the time of the Certificate of Occupancy, an apphcation for a sign permit has been submitted to the development department. Section 6. Signs in the central business district. The following signs are permitted and regulated in the central business district (CBD): Page 24 of 29 )NT:dnt 5 :\CA\Ordinances\LDR Changes~ign code revision for banners-DT111301 ,doc One (1) real estate sign advertising "For Sale/Rent/Lease", may be placed on the premises and shall not exceed sixteen (16) square feet in area, nor six (6) feet in height. One (1)freestanding s~gn, no~ to exceed eighty (80) square feet in area, adYe~ti~ the use of the pran'fises. ~The. maxim~um area fo~;~this,~sig~:~hail 'be one (1) square foot ot sign area ~or e~eh 6n~a~6~'~.(l-1/2) linear ieet of street frontage, with a irmx/ni~mhe[ght~6f:~venty (20) feet. ~ or flat wall sign(s) which that for the [ roi: each one (1) L the be Section 7. ~)ii:ei~,ii~$, n~Ot exceeding four (4) square ~eet in ar~ea., :~0~G~e. (~),~: '~' ~'~'' ' i ' ~'~;heigl~,t with a limit of four (4) s~gns per lot, 16cat~d~:-~'ci'~t~iof~arking lm ingress and egress. Where a cov.ered ~alkway is present, each store~ ..shall ~e, .... ~-~ ~Z;~iix~,i~der canonv sbm not to exeeect mree ~,,¢~:~'em~'i~.~ea ~,~.This siam shall be placea m ~rour ot eacn o,~:~ .~ ,,~,~,, .~!:- -. -- and shall ~ot be less occUl>ancy~,.t!/e covered walkway ..... than-meW {90) inches from the walkway, w~th anglo mounting. ~ identificafiog~ ~igns, shall be permitted on the rear door of bUsineS~ est&bl~fiments, provided they are limited to three (3) Square feet ihlaYea. Temporaryq~usiness identification signs stroll be permitted instead of other wall signs allowed in this section. One (1) temporarY ~ for a maximum of thirty (30) days, can be p~tted W~e,n a Certificate of Occupancy bas been issued pen/ting the~rOval of a sign application, if at the time of the ~ertificate of Occupancy, an application for a sign permit has been submitted to the development department. Signs permitted in planned districts. Page 25 of 29 :\CA\Ordinances\LDR Change~X.sign code re.sion for banners-DTI l 1301 The following are the general requirements for signs in planned districts (PUD, PCD and PID); for specific allowable signage, see the regulations for each regular zoning district. Purpose and intent. ]'he purpose of this section is to encourage continuity for signage in the planned districts, wkile allowing for flexibility w/th respect to type, color, number, location (eXclusive 0~ ~etbacks) and design of signg The general requirements for each planned district can be found in the corresponding regular zoning district in this sign chapter. The approval o~' signs in planned districts require the submission of a sign program for the entire project as part of the site plan approval process. sSign program. Ali requests for approval of a s~gu program hall be filed ;a* part of the original site plan approval process or as a modification to the approved site plan. All applications shall bl filed'iby the sign owner or kis agent, w/th the appropriate re? and shall describe and set forth the following: l. The type and number of signs or sign structures. 2. The area per sign and dimensions of structures. Three (3) certified copies of the site plan showing sign location, sign elevations and construction details, such as materials, colors, wind resistance requirements and structural details. In addition to the above, one (1) set of colored sign elevations with all copy shown in the type style to be used. Section 8. Siens Within Public R/ghts-of-Wav and City Owned Proper~y The followine are the ~eneral requirements for placine siens with/n the public ri~hts-of-way and on City owned pr0pertv in order to announce public or not- for-profit events, activities, and/or programs: Purpose and intent. The purpose and intent of this section is to regulate the placement of signs wSthin public riehts-of-wav and on Page 26 of 29 DNT:dnt ~:\CA\OrdinanceskLDR Changes~s~gn code revision for ba~mers-DT11130 l.doc City owned property within the City ~ order to .1'a.c,!litate announcement 6t' public' and/or'not-~ior-prol~t events, acuwues, ano~o pro,°rams, and-to insure the 'safet~ of residents and cmzens wdh respect to the placement of signs wifliin the public rights-0f-wa¥ and Ciw owned propertY. Si~, ,~ro~_~':, ~ithi~he City there .are hereby desi~n~ed certain ,~&,~ hh/nifi~}i: ~iS,:~e provisions of thru Chapter mmm mc ~ ,,~-~ ':4~:~.~ '~ti~ifi~S' ad/or ~ro~rams' The comaors are as 4~ 5. 6, 7. ~om G~ewav Boulevard south to eas~ ~0 Additi6i~t~!:~*i~¥ be piaced at the Bovnton Beach Tennis Center ;~ ,.,.a~*~ ~' ~ne~ial events held at the Tennis Cemer... The banner sign may, however, 9 · Page 27 of 2 :\CA\Ordinances\LDR Changeskqign code revision f6r baimers-DT111301 .doc 4. A public or not,for-profit event is an event sponsored by thc Cit~ or a communiB,-based not-for-profit entit-~ which shall be rewewed by the City's (department) and approved by City Council Resolution. Section 4. Conflicting Ordinances. All prior ordinances or resolutions or parts thereof in conflict herewith are hereby repealed to the extent of such conflict. Section 5. Severability. section, semence, clause, or phrase of this Ordinance is held to be invalid or unconstitutional by any court of competent jm-isdiction, then said holding shall in no way affect the validity of the remaining portions of this Ordinance. Section 6. Inclusion in Code. [t is the intention of the City Commission of the CiTY OF BOYNTON BEACH, Florida, that the provisions of th/s Ordinance shall become and be made a part of the CITY OF BOYNTON BEACH Code of Ordinances; and that the sections of this ordinance may be relettered and the word "ordinance" may be changed to "section," "article," or such other appropriate word or phrase in order to accomplish such intentions. Section 7. Effective Date. Ordinance shall become effective thirty (30) calendar days after adoption by the City Commissior~ FIRST READING this day of ,2001. Page 28 of 29 S:\CA\Ordinances~LDR Changes~s~gn code revision for banners-DT111301.doe SECOND, FINAL READING AND PASSAGE this day of ,2001. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner Clerk Page 29 of 29 )NT:dnt :~CA\Orflinances~LDR ChangesXsign code revision Ibr banners-DT11130 l.doe Requested CiO Commission Me~tinff Dates November 20. 2001 [] December4. 2001 [] December 18, 2001 [] January 2. 2002 XII. - LEGAL ITEM B.3 OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned Ln. to City Clerk's Office Novemloer 7. 2001 I5:00 p.ra.) November 21. 2001 (5:00 p.m.) December 5. 2001 (5:00 p.m.) December [9.2001 (5:00 pan.) Requested Cit5 Cornm~ssmn M_0etine Dates [] January 15. 2002 [] February 5, 2002 [] February 19. 2002 [] March 5. 2002 Date Final Form Must be. Turned yanuary 3, 2002 (5:00 p.m.) January 16, 2002 (5:00 p.m.) February 6, 2002 (5:00 p.m.) February 20, 2002 (5:00 p.m./ NATURE OF AGENDA ITEM --I Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing ~] Legal [] Bids [] Unfinished Busmess [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Motion to amend Chapter 26, Article IV, Division 4. Subsection D, Section 26-143 Discharge of Restricted Wastewater as it relates to the Industrial Pretreatment Program by adopting by reference the local limits as set by the South Central Regional Wastewater Treatment and Disposal Board (SCRWTDB). EXPLANATION: The operating permit that is issued to the SCRWTDB regulates the parameters of various industrial wastewaters. The limits of these various industrial wastes changes from time to time based on the requirements of Florida Department of Environmental Protection, the permitting agency' When these changes occur it is necessary for our City ordinances to change to match the permit requirements. The purpose of this amendment to the ordinance is to allow for the automatic adoption of the limits of the SCRWTDB. PROGRAM IMPACT: We will monitor those industrial customers within our wastewater system according to the limits of the SCRWTDB. In addition, should limits change ~n the future, we will not need to go through the legislative process of amending our ordinance. FISCAL IMPACT: No additional funding is required. ALTERNATIVES: Continue to modify the limits in our ordinance to meet the permit requirements of the SCRWTDB each time the operational permit is modified. S 5BULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Page T~o~ Oc~obe~ 30,2001 11-20-01 Commission Agenda Request Form - adopting discharge ofr~stricted wastewater amendment Utilities Depanmem~fame ty Manager s S~gnamre CC: John Guidry Mark Law Jim Bur[ James A. Cherof, City Attorney /ac:] S:~BULLETINWORMS~AGENDA ITEM REQUEST FORM.DOC ORDINANCE NO. O1- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AME~DINGCHAPTER 26, ARTICLE IV, DIVISION 4. SUBDMSION D, SECTION 26-143 "DISCHARGE OF CERTAIN WASTES. RESTRICTED", OF THE CODE OF ORDINANCES OF THE CITY OF BOYNTON BEACH, FLORIDA, TO PROVIDE FOR THE INCORPORATION, BY REFERENCE, THE DISCHARGE LIMITS AS ADOPTED BY THE SOUTH CENTRAL TREATMENT ~ND DISPOSAL BOARD; it of Bo ~on Beach (Cltf') entered ~nt that certain WHEREAS, the ,C y yn . ~ . ~ hadustrial Waste and Pretreatment Agreement dated March 24, 1995; aha ViHEREAS, pursuant to said Industrial Waste and Pretreatmem Agreement, ,("Agreement") the City has adopted prior ordinances providing for the implementation and administration of saidil~retreatment Pr°gram: and approved hy the:S~ate o£Florida Dep~tmenl of Env~ronmenta~ ~-rotecuon, V~IEREAS, in compliance with the Agreement, the City Commission deaires to amend its ordinance~ in ,erder to adopt the revised limits for the discharge of substance into the public sewers within the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BoYNToN BEACH, AS FOLLOWS: Section !. The foregoing whereas clauses are true and correct and are now atified and confirmed by the City comrmssion. Section 2, That Chapter 26, "Water, Sewer, and City Utilities", Article IV, ,, - ' '" "Industrial and Commercial Waste", Subdivision D, "Use of Public Sewers, Dtvxslon 4, of the Code of ~ W~" se , Section 26-143, "Discharge of Certain Wastes Restricted", Ordinances of theCity of Boynton Beach, be, and the same is hereby amended te read as follows: Sec. 26-143. Discharge of certain wastes ras~cted. No person shall discharge or cause to be discharged, the below described materials, waters, or wastes (collectivety, the substances) if it appears likely that acceptance of those wastes can harm the wastewater treatment process or equipment, the public sewers, the sanitary sewer systems, or have an adverse effect on the receiving water body, or can otherwise endanger fife. limb, public property, or constitute a nuisance. The decision shall he based on those factors as the quantities subject w~;tes in :relation, tO flows and:Velo~!~ies: in,'th~-~sewers,, mater/als of c0ns?ju.cti0r~ of'tbe'~?a/r~; nature Of ~e ,wa~-te~e~tet treatment process, caPac~t~ off~,~:?'~a~t~{vat~"tr~&~r~eat:-¢imt;~d~gi:e~ o£ ~reatabifity <}f waste in th, e, w,~s~ater'treatment ~laht~ alid other p~ent factors, The substariees~r~stricted ar~: · than 150° F. or 104° F. whether ~em~d-o~ not, ,m~,~.¢xeess: o~ ~[00 rmffiq~grams per hter or cont~i, ning~ substances which may solidify or beqome mscous at temp~3tures b~etweer~ 3~ F. (c) Az!,y wa~ers or wastes con~g%smr~g ~j~, iron, pickling wastes, or coneentrated:platingmlt~aons n~ecl or not. (d) Any waters or waste~ co¢~r~ ph~ngls~ot other taste Or odor producing substan?s, in ~ ¢oncentrafi0n~g,limits which may be esta~lished~y~e Po~v',a~e~ess~i~ dt~the composite sewage to meet the, ~reqmreme~ts,~ ~.f ~,,,~;~, fe'~m:t4 or other pubhc agencies of jurisdiction for that~Seha~ge tOth~:reeei~/n~.waters. {e) Any g~ba, ge: that has not .h~ p~l,y ishredded, which shall mean particles m s~ze no, greater thah 1~/~ m~hes measured m any dimension. works. (g) Any waste containing restricted substances m quantities in excess of the local limits, measured at the point of discharge into any sewer s~stem, or any SUbstanCe that will pass through the waste treatment facilities and exceed the ...... l~.~..~-.~t ~r T ^"*; ..... , 2 rog,n. 0.9 rog/1 Chromi'~um u ....... Chromi:m Tcm! Copper 2 5 m~q 0.01 Zinc' Cyar2dz Cy~.~d: AmcnaNc tc 2 10e 1 m~q 5o Ph:nc!i: Ccm~cunds, Tcxi: Cc:r. pc:zds, 500 m;q (S-arzharg:) * (Surzharg:~ * 25 5 mg, q x, TSS P ......Size local: limits as adopted by the South Central Regional Wastewater Treatment and Disposal, Board as, contained in,,the Interlocal Agreement ent~ed into between the City of Boynton Beach and the Ci~ of Delray B~k:, :,Such 4o~al: l~imi~s,, are ~attached:',~d/re~o as Exhibit: "A" and incorporated-hereto 'by reference. * ,: ~M~y be Subject to High Str~ength Sewer Surcharge (Refer to Section 26-162) (h) Any waste from sodium-cycle action exchange (water softening) units from industrial or commercial users where the chloride content exceeds 600 milligrams per liter. (i) Any water or waste containing suspended solids or color of a ,character and quantity that unusual attention or expense is required to handle those materials at the waste treatment facilities without a special permit issued by the city, (j) Any water or waste with a chlorine demand greater than 15 milligrams per liter. (k) Any radioactive wastes or isotopes or half-life or concentration as may exceed limits established by the POTW in compliance with applicable state or federal regulations. (1) Volume of flow or concentration of wastes constituting a slug as defined in Section 26-115. (m) Any waters or wastes containing substances which are not amenable to treatment or reduction by the wastewater treatment processes employed, or are amenable to treatment only to that degree that the wastewater treatment plant effluent cannot meet the requirement of other agencies having jurisdiction over discharge to the receiving waters. (n) Any waters or wastes containing suspended solids in excess of 175 milligrams per liter unless the user ~s approved by the city and provided further that the user complies withlhe requirements of the city's high strength sewer surcharge system. (o) Any waters or wastes with a five-day, 20© C. B.O.D. greater than 220 milligrams per hter unless the user as approved by the city and provided further that the user complies with the reqmrements of the city's high strength sewer surcharge system. (p) Any waters or wastes containing chemical oxygen demand (COD) greater than 440 mg/L unless the user is approved by the City and provided further that the user complies with the requirements of the City's high strength sewer surcharge system. (el) Total toxic organics as defined in 40 CFR, Part 413.03[c] are not to exceed 5.0 rog/l, with no one parameter over 1.0 mg/1. (r) Any waters or wastes with an ammonia nitrogen content greater than 50 milligrams per liter unless the user is approved by the city and provided further that the user complies with the requirements of the city's high strength sewer surcharge system. Section 3. Each and every other provision of the Code of Ordinances not aerein specifically amended, shall remain in full fome and effect as originally adopted. Section 4. All laws and ordinances applying to the City of Boynton Beach in :onflict with any provisions of this ordinance are hereby repealed. Section 5. Should any section or provision of t/tis Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall aot affect the remainder of this Ordinance. Section 6. Authority is hereby given to codify this Ordinance. Section 7. This Ordinance shall become effective immediately. FIRST READING this day of November, 2001. SECOND, FINAL READING AND PASSAGE this day of December,.2001. CITY OF BOYNTON BEACH, FLORIDA Mayor ~'ice Mayor Commissioner ~ommissioner Commissioner ATTEST: ~ Cle~ ORDR4ANCB 01- XII. - LEGAL ITEM B.4 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH. FLORIDA, APPROVING AN AMENDMENT TO THE CITY OF BOYNTON BEACH COMMUNITY REDEVELOPMENT PLAN; ADOPTING THE "HEART OF BOYNTOI'C' PLAN PREPARED BY STRATEGIC GROUP PLANNING, INC., AND DATED NOVEMBER 1. 2001, FOR THAT PORTION OF THE COMMUNITY REDEVELOPMENT AREA DEPICTED ON FIGURE 16 OF THE STRATEGIC GROUP PLANNING, INC.'S PLAN; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida, pursuant to Community Redevelopment Act of 1969, defined a Community Redevelopment Area: a Community Redevelopment Plan; and established the Boynton Beach Community and WHEREAS, the City Commission, by the adoption of Ordinance 98-33 expanded the of the Community Redevelopment area and modified the Community and WHEREAS, the Community Redevelopment Agency and the City of Boynton Beach in a review study of the Commumty Redevelopment area for the purpose further defining, revismg, clarifying and modifying the goals and objectives of the Plan; WHEREAS, the on-going evaluation of the Community Redevelopment area and the Redevelopment Plan has resulted in the preparation of a proposal and study provides for a specific redevelopment goals and objectives for a portion of the · Redevelopment area; and WHEREAS, the Community Redevelopment Agency pursuant m Florida Statute 163.361, the Commumty Redevelopment Agency met on November 13, 2001, and adopted a for amendment of the Community Redevelopment Plan to incorporate the ,CA\Ordmances\CRA~2001 CRA Amendment - Heart of Boynwn.doc Heart of Boymon Amendment contained in the Strategic Plarming Groups, Inc. plan of November 1,2001; _~ID WHEREAS, the City has provided notice to taxing authorities of the City's intent to amend theCommunity RedevelopmentPlan; as requh-ed:by Florida Statute 163.346; and WItEREAS, the City has~ published, noricecff:apublic hearing to consider proposed modifications of the Community Redevelopment Plan; and WHEREAS, the City has conducted public hearings to consider proposed modifications of the Community Redevelopment Plan; and WHEREAS, the City has otherwise complied with all statutory or code X~luirements ~hich are prerequisites to the amendment of the Community Redevelopment Plan; and WHEREAS, the City Commission has considered the merits of the Heart of Bo3mton ~lan Amendments set forth in the Heart of Boynton Community Redevelopment Plan prepared by Strategic Planning Group, Inc., dated November 1, 2001, and has found that the )bjectives of that Plan are consistent with the goals of the City and the Community ',edevelopment Agency to implement a workable program to eliminate and prevent the levelopment and spread of slums and urban blight and to encourage commumty :ehabilitation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF ?HE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The Community Redevelopment Plan for downtown Boynton Beach, aving been duly received and considered as provided by law, is hereby amended to include the goals and objectives set forth in the Heart of Boynton Community Redevelopment Plan report ("Report") prepared by Strategic Planning Group, Inc., and dated November 1, 2001, a copy of which is attached hereto in its entirety as Exhibit "A". l:\CA\Ordinances\C RA~ 001 CRA Amendment * Heart of Boy.ton.doc Section 2. It is hereby found an~t.~determined that said amendments to the Community Redevelopment Plan, for the portion of the Commuaity Redevelopmem area :lef'med in the Report: tmended: welfare (5) t as a whole; (6) Conforms with the community RedeYelopmem Act of 1969, as Is necessary and in the interests of public health, safety, morals and (2) of the residents Of the City of Boymon Beach, and will effectuate the purpose of the the area economically and socially, thereby increasing the tax base, sound growth, improving housing conditions, and eliminating the conditions he Florida Legislature has found in the Act to constitute a menace wtfich is injurious welfare and morals of the residents; (3) Is sufficiently complete to indicate such land acquisition, demolition structures, redevelopment, improvements and rehabilitation as may be to be can/ed out in the community redevelopment area; zoning and planrfing land uses; maximum densities; and building requirements. (4) May result in the displacement of some families from the community and if that becomes necessary, a feasible method for the location of from the community redevelopment area will be prepared; Conforms to the general development plan of the City of Boynton Gives due consideration to the provision of adequate park and and facilities that may be desirable for neighborhood improvement, with for the health, safety and welfare of children residing in the general of the site covered by the plan; and (7) Will afford maximum opportunity, consistent with the sound needs of the City of Boyuton Beach as a whole, for the rehabilitation or redevelopment of the community redevelopment area by private enterprise. Section3.:; In order to :imp!emenr,and facilitate the effectuation of the redevelopment plan hereby approved and adopted, it is found and determined that certain official action must be taken by the-City Commission with reference, among other things, to ~hanges~.in zo~g, thc ,x~acatio~' ,and removal 9f street~ alleys, and other public ways, ;elocation of public facilities, the establishment of new street pa~¢rns, and other public ~ction~ Accordingly, the City Commission hereby: (A) Pledges its cooperation in helping m carry out the redevelopment plan; (B) Requests the various officials, departments, boards and agencies of the City of Boynton Beach likewise to cooperate in carrying out the redevelopment plan, exercise their respective functions and powers in a manner consistent with the redevelopment plan; (C) Stands ready m consicler and take appropriate action upon proposals and measures designed to effectuate the redevelopment plan; and (D) Intends to undertake and complete any proceedings necessary to be carried out ~y the City under the provisions of the redevelopment plan. Ali of the foregoing shall be done and performed in a timely manner. The Redevelopment Agency shall, from time to time, present specific developmental plans in the implementation ~f the redevelopment plan to the City Manager in order that the City Commission may be assured of compliance bythe said agency with the redevelopment plan. Section 4. This Ordinance shall take effect immediately upon passage. FIRST READING this day of November, 2001. SECOND, FINAL READING AND PASSAGE this ~ day of December, 2001. CITY OF BOYNTON BEACH, FLORIDA r Clerk Mayor Vice Mayor Commissioner Commissioner Commissioner CRA Amendme~ - Hear~ of Boynton.doc Requested Cit~ Cora~ssmn _Meetan g Dates [] November 20, 200I December 4, 2001 [] December t8,200I [] January 2, 2002 XII. - LEGAL ITEM D.1 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to CiW Clerk's Office November 7. 200I (5:00 p.m November 21, 2001 (5:00 p.m.~ December 5, 2001 5:00 December'~9; 20~21 (5:00 p.m.) Requested City Comm~smon _Meeting Dates [] January 15, 2002 [] February 5, 2002 [] February 19. 2002 [] March 5, 2002 Date Final Form Must be Tamed ha to Ci~ Clerk's Office January 3, 2002 (5:00 p.m.) January 16. 2002 (5:00 p.m.) February 6, 2002 (5:00 p.m.) February 20, 2002 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Consent Agenda Public Hearing [] Bids [] City Manager's Reporx [] Development Plans [] New Business [] Legal [] Urrfinished Business [] Presentation Villano v. City of Boynton Beach & Donald Bateson Defense Counsel: George P. Roberts Jr., Esq., Roberts & Reynolds, P.A. Plaintiff Counsel: Barbara A. Heyer, Esq., Heyer & Associates, P.A. RECOMMENDATION: Approval of payment of U.S. District Court ordered award for supplemental attorney fees post-judgment advocacy and appellate fees and costs totaling $26,149.30. and costs for EXPLANATION: This includes appellate legal fees and costs incurred by plaintiff's counsel in successful litigation. Counsel's original demand was $73,538.92. This amount was contested by defense counsel before U.S. District Court and reduced to the recommended amount. Tiffs incident occurred on 9/16/94 when Plaintiffwas pursued by City Police Officer to Oakland Park where Plaintiffwas arrested. Plaintiffwas charged with burglary of an automobile and aggravated assault on a police officer and resisting arrest. Plaintiff alleged false arrest and imprisonment and malicious prosecution. Trial was held in U.S. District Court, Southern District of Florida, with Plaintiff demand was $175,000. Jury triai verdict in favor of Plaintiff and awarded $15,682.92 in compensatory damages. PROGRAM IMPACT: Settlement of this nature is part of the ongoang responsibilities of the Risk Management Department. FISCAL IMPACT: Settlement will be charged to the Risk Management Department. budget expenses. S:~BULLETrN~FORMS AGENDA ITEM KEQUEST FORM.DOC CITY OF BOYNTON BEACH ALTE:RNATIVES: Failu~ to c(~ply Wi/h U.S. DistriCt Court ordcu' will result in contempt of court proceed/n~'against the City of B0~nt~n Beach. De~eiit Name Cjm/Claimgl/Villano Fees Commission.dot City'M~ager s S~gnamre City 'A/to~/3/~'I:ilmuce / Hnman Resources S :~B ULLETINZFORMS~AGENDA ITEM REQUEST FORM.DOC ~,.OBERT$ & ~,.EY'NOLDS, P.A. WE~T P^i.~4 B~.~,c~. Ft. om~^ 35409 F,~¢$~M~.E (561) 688-2343 November 2, 2001 Barbara A. Heyer, Esq. ~eyer & A.n~ci~tes 13]! S.E. ~ Aven~ F~ ~]e. FL 33316 Vfl~no v. ~too B~cb, ~ al R&R FHe No: 96-1~ . Wea~yot~ras~en{ofthe~e~inyourl~o~ovemb~l,20~- ~e~t~ addiUo~ f~ ~d ~ due wo~d ~ $26,149.30. Wc ~vg t~ues~ a dmR in ~t ~o~t m~c ~yable to H~cr & Ass~i~cs, P.A. ~m thc CiW °fBo~ton B~h. Wc ~so ~close a ~po~ ~tisfacHon ofjud~ for ~u~on u~u tender of payme~ the oH~n~ 0fwhi~h ~ll ~llow ~ m~l. VeW ~uly you~, GPR. Jr/jcf Enclosure cc: Charles Magazine GEORG~ P. ROBERTS, .IR. For the Firm CT ~d ~3"IONA~/.~ £~,~E889TgS EO:~T TgB~/gO/TT ~ar~am ^. H~y~r HEI",E & A$$OCI.4 TES, P..4. Attorneys a'~ Law Novem:c~r 1, 2002 ROBEKTS & REYNOLDS, P. ~ 478 Columbia DriYe, Buliding c wes~ Palm Beac.~ FL 33401 R,~: Vitlano v. City pf Boyn.t.on Beach Dear l,,[r. Roberts: In reviewing the Court's Order gran~inq the Defendant's Rs?.maring, the Court did not refer to the suppl~a~ntal fees and aos%s in the amount of eb, b~o. o0. ~ would asaume ~ha~, slnce this was not a matter add=eased ~n yott: mo~lon for rehearin~ oversight. A=cord±n~ to my r~view of both orders, I believe that the foll~w~n~ is a total amount of the sapple~entai fees and costs i~ t~e a~ove-s~yied cause: 1. Rei~ khe a-~--unt of $ 7,700. O0 2. : fees in the amount of $1!, 6B7. 50 3. co, ts in the amount ~f $ 1, 201.80 4. ago~u%t of $ 2,600.00 5. S $ 2, B80.00 Little fees 80. OD $26,149. 30 for ~ to seek clarification orders. ~b~k you ~or 9our assistan~ B~/p~r ~_a Facsimile On!v £0:ET TOGE/EO/II UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLOR/DA ]A$ON YLLLANO, ' Cas~ ]No. 96-8559-C1V-R'Y~KA,MP/VITUNAC 2 2001 CITY OF BOYNTON B ,F.3kCH and DONALD BATESON. CLOSED CAS[ Defendants. / ~}RDER GRANTING DEFENDANT'S biOTION FOR ~ARING ~S CAUSE ~e b~bre ~e C~ up~ Det~nd~t Ci~ ot'Boynrcn Beach's Moti~ for ~hcnfing, ~c~ddcr~on, Ctnd~d~ to Altor or Amcnd end/or For Relief from Order d~t~ ~tnher 23, 2001 ~DE a~]. pl~ntiff~ond~ D~d~nt hm~ ~ll~ The Motion i$ for revieW. I. BACKGROUND pursuant to the Mandate of the F_.leventk Circuit Court of Appeals dated June 27. 2001 [DE 3571. this Court entered an Order on Attorneys' F~e$ Award and on Supplemental Attorneys Fe~ and Costs on September 20, 2001 [DE 3591. In this instant motion~ Def~l'dant aeeka an amendment of the Order of September 20, 200 l, regardinl~ fees and ~a~a; on the sanctions issue. Plaintiff. of caursD, opposes ~ny reduction in fees or costs. ! UN ITED STATES DISTRICT CO U RT SOU~ DIST/~CT OF FLORIDA ii. DISCUSSION A. Standard un Motion for Reconsideration A motion for reconsid~raticra with respeot to a final judgment shall bc con,reed as a motion ~o alter or amend ajndQment under Fed. R. Civ. P. ~9(e)~ifi/is~led no laTer, than r~ 're. it would f'al[ within Kule 60(b), ,,vii[ch provides relief 689, 094~(M.] f 99~}. tn the presee£ case. iMaintl~s motion for recor~id~'zzi~n was {tied more thm~ tom d~y~ a.f~er ~he en~-y ofjudgrnem ~ztd t~ere£ore tails ~6thi~ Rule 60(b). Rule 60(b) sets ~orrh p~cular grounds upon which a parry may seek relief;._ Site i. L4. (citing,HlLff v. Metrovol/taa Li& Ins. Co.. 67X F.2d 119, 122 (6th Cir. 1982)1. Reconsidcr~on:isjustqfied whea one of three grounds ,:cists: "(1) an intervcmng change in controlling aw, (2;)the availability of new eVidence; O) the need ro corre~t cl,-ar error or prevrat manifest iniustme." Id. Any litigant considering bringing a monna to r~conaider based upon the third ground "should ~'vatu,~m Whether wlmt may ~: to be a ~lgar ~,, ~r crtlaw iz in fast simply a point of disagr~ment between tile Cot~rtand th~ litigant." SEn. v $~hntvlt Deen Ocean.Te~:b~Ine.. 74 F. Supp. 2d I 188 1192 (M.D. Fla. 1999) (citation omitted). The moving putrid"must set forth fact.~ or law of a strongly t~o~iv/ncing n~ure to iaduc¢ the court to r~verse its prior de~ision." Susstr.~.gn, 153 ER.D. at 694. A motiott for reconsideration should not be ~ecl az a vehi~l~ to reiterate arguments previously made ar to present issues ur cite authorities th~ parry shoulcl have presented prior to the court's ruling, -II ~d ~~0~ ~Sg889TgS £0:~T TOnE/gO/II l:Sag~ 3 UNITI~D STATES DISTRICT COURT SOUTIq~ DI~;'FI~CT O1~ FLORIDA Z.K. Marln~, Inc. xt. MI¥' A. rchi~etis, $0111 lg. $~pp. I *~fil 1 ~ifi'4 (.~I D ~:la lq02) (quoting C~. v. Ztomi~ki, 779 F.2d 906, ~9 (3d Cir. 1985), c~. d~nie~. 476 U.S 1171, 1~ S. Ct 2~95 (19~)), ~m Wendy'S lnVI. l~c. v. Nu. Cape Constn,.ln~., 16~ F.R.D. ~80, 686 ~.D. FI~ tp~6)~(mting th~ the m~oa should:nm be used to mh~h ~umgms previously m~ r~jec~. A.p~' sho~ am ~ ~ motion to r~onsid~ m ~qa~t that lhg Cou~ rethink it ah'~dy ~mght through e n~dy, or wron~y[.]7 .~- (citations omit). ~'The mmiea m or has m~e an e~or not o~=li~g bat of a~r=he~on.' Cmd~ v. El~olux Com., 1994 ~ 47~20 at *1 ~,D. O~ 19¢4) (~mfion omin~). A m~on for ~c~id~fion should be us~ ~n ~d~ to prevent m~i~st injusfi~; n=w~t~s, it i= = ~,me m=asu~ ~d 1044, 1047 (ltffi Cir, 1092). R, Fees and Cost~ l{elatnd to Sal~c~ions re~l~ ~t~n~ w~ "~llent." As stated in the Order of Septemb~ 20, 2001, ~is Co~ con~tud~ t~ Plainfiffobt~ned ~c~ttem msul~ ~d w~ ~fided to f~ ~omm~sum[e m the su~S. Ac~otding[7, ~ C~ ~mted the pr~sly ~ue~ momt of S7,700, thereby aw~ding pl~nfiffthe full attorneys' tea ~ount ~$77,000. Despite fha excell~t r~ul~ in the s~ 0~, ~is Cou~ ~duded f~s ~at~ m s~,~0ns in ~ ~late pro~ings as ~e Pag~ 4 UNITED STATES DISTRICT COURT $OUTHEP. N DISTRICT O1~ FLORIDA Elcvonth Cimtg~ Court~ ~f App~a~sdid not ,'ldd?~gs the m~rfi'a of'the ~a~ ~'~fi~is~;el~ecattse ~h~ ~ ~ O~ ~ ~ept~ber 20, 2001~, this C~a ~ud~ :o~y ~ haUri~ 103.~ hours sp~t;oo ~elI~ie pr0~in~, .~7.4 hours;W~r~sp~n[ on. ~h~a~fib~s::ts~e. ~.'S Since the fees for ~he .'~nc~o.s issue on appeal are excluded, ao .~hould the ~l~ted costs be ~cJuded. In Appellam's Reply, App~.i~t'3 t~.ome), av~ that ~e~ts/~ appel $3,3~.01 and that ~p~s~ ~laed to s~ons to. ed $959.21, (Det:'s Mot., ~. ] at 5). In~uded in lhe ~:al of~3,390.01 ~s ~!,229 For the c~t or'trial ~ngfip~ whi~ Appellan~ Detiewd to Rave a~ist~ ~e ~l~l~l Cil~u~t Co~ of Appg~a on the fees and san~ioas is~u~ ~cvar, the ~l~v~th Citer m~e no r~er~ae ~o the trial ~s~ip~ or ~6m~ies ~n. Fu~e~ore, as D~eud~ Um~. nei~ did the Plain6ff make any reference to the ~an.~ip~s ~y ~c ~efs fil~ ~ respe~ to ~e aromas' Fee app.. In lig~ oFthu f~egoing, the ~'lri~ trans~ipas should be ~clud~ fr~ ~ ~sts on app~. The~o~. cesta on appel sh~id be ~3,3~.01 t~s $959.21 f~ s~ctions. {~s $I,~9 for ~a[ t~ns~i~g whi~ e~ats $1&01.80 I.,.rNITED STA"F~ DISTRICT COURT SOUT~EF~N DISTI;~ICT OF FLOR/DA IH. CONCLUSION ~ COL~,T having considered the morion ~nd th; pert/nent portions ffrhe recor& and bring ~ise g~ly advised in ~e pre~s~, it is he~y 0RDE~ ~ ADJUDGED that the Order af ~tember 20, 2~1 ia VACATED_ O~ ~ ~J~ that D~ndant'~ Motion for ~h~ing, R~o~id~afion. Cl~fio~ to Alt~ or Amid and/or F~ R~ief [DE 3~4] is G~N~D. Suppl~uen~ ~e Clerk ~lh~ C~, s~l C~SE thJi ~as¢ ali BENY fll pendin~ moaons ~ MOOT. DO~ A~ OEDE~ in Ch~b¢~ at Wmt Palm Be~, Florida, ~is ~ ~ d~v oF October. 2001. ITI D STATES L ISTRICT 3'UDG